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DEPARTMENT OF COMMERCE 
 
 BUREAU OF STANDARDS J \ , } \'j 
 George K. Burgess, Director 
 
 MISCELLANEOUS PUBLICATION No, 20 
 
 FEDERAL AND STATE LAWS 
 
 RELATING TO 
 
 WEIGHTS Al 
 
 [EASURE 
 
 THIRD EDITION 
 
 I* Superseding "State and National Laws Concerning the Weights and 1 
 I. Measures of the United States" (second edition), printed in 1912 J 
 
 REVISED BY WILLIAM PARRY, BUREAU OF STANDARDS 
 
 UNDER THE DIRECTION OF F. S. HOLBROOK, COCHIEF, DIVISION OF 
 
 WEIGHTS AND MEASURES, BUREAU OF STANDARDS 
 
 August, 1926 
 
 PRICE $2.30 
 
 Sold only by the Superintendent of Documents, Government Printing Office 
 Washington, D. C. 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON 
 
 1926 
 
DfS |ED 
 
 ;| THiS : ■■:■ IS;WloNSBB 
 
 THi I . vy-of-. 
 The Pi t College 
 
 LpR/ttY C0H , 
 
 UnV 
 
 JENT 
 
 Introduction 
 
 Federal laws and regulations concerning weights and measures 
 
 Laws of the States, Territories, and possessions of the United States 
 relating to weights and measures 
 
 Page 
 1 
 
 47 
 
 Page 
 
 Alabama 47 
 
 Alaska 60 
 
 Arizona 61 
 
 Arkansas 78 
 
 California 94 
 
 Colorado > 125 
 
 Connecticut 135 
 
 Delaware 149 
 
 District of Columbia, _ 162 
 
 Florida 173 
 
 Georgia 179 
 
 Hawaii 190 
 
 Idaho 193 
 
 Illinois 206 
 
 Indiana 230 
 
 Iowa 257 
 
 Kansas 268 
 
 Kentucky 287 
 
 Louisiana 298 
 
 Maine 313 
 
 Maryland 334 
 
 Massachusetts 347 
 
 Michigan 392 
 
 Minnesota 410 
 
 Mississippi 429 
 
 Missouri 437 
 
 Montana 451 
 
 Page 
 
 Nebraska 475 
 
 Nevada 494 
 
 New Hampshire 510 
 
 New Jersey 525 
 
 New Mexico 553 
 
 New York 565 
 
 North Carolina 578 
 
 North Dakota 591 
 
 Ohio 603 
 
 Oklahoma 626 
 
 Oregon 640 
 
 Pennsylvania 667 
 
 Philippine Islands 697 
 
 Porto Rico 702 
 
 Rhode Island 710 
 
 South Carolina 731 
 
 South Dakota 749 
 
 Tennessee 774 
 
 Texas 791 
 
 Utah . 818 
 
 Vermont 830 
 
 Virginia 840 
 
 Washington 861 
 
 West Virginia 881 
 
 Wisconsin 895 
 
 Wyoming 922 
 
 Tables of the legal weights (in pounds) of a bushel of various com- 
 modities — 
 
 Appendix 
 
 Index 
 
 931 
 943 
 
 ..- 
 
FEDERAL AND STATE LAWS RELATING TO WEIGHTS 
 
 AND MEASURES 
 
 INTRODUCTION 
 
 Section VIII of Article I of the Constitution of the United States 
 authorizes Congress to " fix the standard of weights and measures," 
 but notwithstanding that the importance of the subject was repeat- 
 edly urged by Washington, Adams, and Jefferson in their messages 
 to Congress, no general legislation has ever been enacted by that 
 body in regard to the weights and measures now in common use. 
 At the time of the American Revolution the weights and measures 
 in common use were supposed to be identical with those then in use 
 in England. and the standards were of English origin. Most of 
 them had been procured from time to time by the Colonies from 
 Great Britain, and although it 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 cus- 
 tomhouses was ordered by a resolution of the Senate. As a result 
 of this investigation the avoirdupois pound, the yard of 36 inches, 
 the wine gallon of 231 cubic inches, and the Winchester bushel of 
 2,150.42 cubic inches were adopted by the Treasury Department, and 
 the construction of copies of the standards thus established 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 Aveights and measures adopted as standards 
 by that department, to the end that a uniform standard of weights 
 and measures might be established throughout the United States. 
 At the time of the passage of the act of July 28, 1866, legalizing 
 the use of the metric system in the United States, Congress, by a 
 joint resolution, directed that the Secretary of the Treasury furnish 
 to each State, to be delivered to the governor thereof, one set of 
 standard weights and measures of the metric system for the use of 
 the States, respectively. Some 15 years later Congress further 
 directed that the Secretary of the Treasury cause a complete set of 
 all the weights and measures adopted as standards to be delivered 
 to the governor of each State in the Union for the use of agricul- 
 tural colleges in the States, respectively, which had received a grant 
 of lands from the United States. 
 
 Nearly all of the States and land-grant colleges have been sup- 
 plied with complete sets of standards in accordance with the reso- 
 lutions mentioned, and in the case of many States those supplied 
 
 l 
 
 W 
 
2 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 have been adopted by legislative action as the standards of such 
 States. The fundamental standards of our customary system — the 
 pound, yard, gallon, and bushel — are therefore, in general, uniform 
 throughout the Union. The practice, however, in regard to the use 
 of the two units last mentioned and their subdivisions differs mate- 
 rially. ■ In some States the gallon of certain commodities is defined 
 as a definite number of pounds. For instance, 11 pounds of sorghum 
 molasses is a legal gallon in Indiana and Mississippi and 12 pounds 
 in North Carolina, South Carolina, and Tennessee; €>y 2 pounds of 
 kerosene in Kansas and 7y 2 pounds of linseed oil in Ohio constitute 
 a legal gallon. The volumes defined by these legal weights do not 
 accord with the true volume of the gallon. 
 
 In many of the States the legal bushel of certain commodities is 
 specified in pounds. In the cases of a few commodities the weight 
 established is uniform throughout the country, but in the large 
 majority of cases two or more different weights, which may vary 
 widely from each other, are fixed for the same commodity. Special 
 bushels have also been legally established in many States for par- 
 ticular products such as the charcoal bushel, which in Connecticut 
 is 2,748 cubic inches, in Colorado, 2,500 cubic inches, and in Penn- 
 sylvania, 2,571 cubic inches. In Vermont " one bushel and three- 
 quarters of a peck are deemed a bushel of lime or ashes," while 
 a lime bushel in Ohio is 2,688 cubic inches. In Pennsylvania the 
 coke bushel is 2,648 cubic inches, while in Missouri it is 2,680 cubic 
 inches. Some States require, furthermore, " struck measure," others 
 " heaped measure," the heap sometimes being required to be " as 
 high as the article will admit," and elsewhere " as high as may be 
 without special effort or design," and in still other cases, as in Con- 
 necticut, the heaped bushel is definitely fixed as 2,564 cubic inches. 
 The ton of coal is in most States fixed at 2,000 pounds, while two 
 or three specify 2,240 pounds. 
 
 Such diversity as is illustrated above causes confusion in the 
 commerce among the different States, and a remedy is highly de- 
 sirable. It is the general opinion among weights and measures 
 officials that the use of the bushel as a measure of quantity should 
 be discontinued and that commodities commonly sold by this unit 
 should be sold by weight. Several States have enacted legislation 
 to this end within the past few years. 
 
 A law passed by Congress in 1866 made the use of the metric sys- 
 tem lawful throughout the United States in all commercial trans- 
 actions and established tables for use in the construction of con- 
 tracts, and in all legal proceedings, for expressing in customary 
 weights and measures, the weights and measures of the metric system. 
 
 Until 1893 the British imperial yard and pound were recognized 
 by the Treasury Department as the standards of the United States, 
 but in this year it was decided that greater stability and higher 
 accuracy would be obtained by accepting the international meter 
 and kilogram as the fundamental standards of the United States, 
 by reason of the superior character of the copies of these standards 
 which had shortly before this time been received from the Inter- 
 national Bureau of Weights and Measures, in which organization 
 the United States Government had been officially participating since 
 1870. The yard was, therefore, defined as a certain fraction of 
 
INTRODUCTION 6 
 
 the meter and the pound as a certain fraction of the kilogram, the 
 
 qcnn 
 
 values adopted being 1 yard = -nqyf meter, and 1 pound avoirdu- 
 pois == 9 oo4.fi99<u kilogram. This action did not in any way alter 
 
 the values of our customary weights and measures, but simply fixed 
 them in terms of standards that represented the highest develop- 
 ment of metrology. 
 
 On July 1, 1913, 1 the Bureau of Standards recognized the inter- 
 national metric carat of 200 milligrams as the unit of weight 
 for diamonds and other precious stones, and thereafter used this 
 value for the purpose of certification of all carat weights submitted 
 to the bureau for test. On the same date the Treasury Department 
 began the use of this unit in the customs service for the levying of 
 import duties on precious stones, and it was also put into commercial 
 use in the United States by practically all of the dealers in gems 
 and precious stones. 
 
 During the past 15 years great advancement lias been made in 
 weights and measures legislation, both from the standpoint of 
 securing laws providing greater protection to the merchants and 
 the purchasing public and from the standpoint of uniformity in 
 the laws of the various States. Among the reasons for this it may 
 be stated that there has been an awakening on the part of the pur- 
 chasing public to the losses sustained by the use in trade of false 
 or incorrect weights and measures, and manufacturers and shippers 
 have come to realize that unfair competition is bound to result from 
 the lack of proper weights and measures supervision in the sale 
 of commodities. 
 
 The present compilation of weights and measures laws is the third 
 one published by the Bureau of Standards, the first having been 
 issued in 1904 and the second in 1912. This compilation revises 
 and brings up to date the latter publication, Bureau of Standards 
 Miscellaneous Publication No. 20, State and National Laws Concern- 
 ing the Weights and Measures of the United States, which, on 
 account of the large number of laws enacted subsequent to its 
 issuance has become entirely out of date. There have been added 
 certain regulations and other material relating to weights and meas- 
 ures, which it is believed will be of value and interest in this con- 
 nection. 
 
 The enactment of weights and measures legislation has in general 
 been left by Congress to the several States, but in a few instances 
 Congress has deemed it expedient and necessary for the better con- 
 duct of the large and ever-increasing commerce among the States to 
 enact certain laws affecting weights and measures in interstate com- 
 merce. This legislation has a very important bearing upon the com- 
 mercial life of the Nation in bringing about uniformity, efficiency, 
 and economy in the distribution of supplies. 
 
 The laws and material pertinent thereto contained in the present 
 publication are not published as a whole elsewhere, and much of the 
 material is quite inaccessible to those concerned. There has been a 
 continuing demand for a revised compilation, and it is believed that 
 
 1 See Circular No. 43, The Metric Carat, p. 3. 
 
4 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 this publication will present subject matter of great value, especially 
 to State and local officials charged with the enforcement of weights 
 and measures laws, and to manufacturers and shippers whose busi- 
 ness is affected by these laws. The compilation should tend to create 
 a better understanding of the scope and operation of the weights 
 and measures laws, both Federal and State, to secure a more strict 
 observance of these statutes, and to promote uniformity in weights 
 and measures enactments. 
 
 Weights and measures, in general, is so broad a subject that in 
 searching the statute books it is inevitable that many laws will be 
 found which, while dealing in a general way with weights and meas- 
 ures, are but remotely concerned with regulatory activities. Obvi- 
 ously, it is both undesirable and impracticable to incorporate all 
 such legislation in this compilation, and consequently all material 
 has been rejected unless its inclusion seemed clearly warranted. 
 Also in some instances there have been omitted from the compilation 
 certain laws which, while they may be technically in effect, are actu- 
 ally obsolete. Again, when session laws repealed former statutes, 
 either directly or by implication, care has been exercised to omit all 
 repealed legislation and to make all necessary corrections and appro- 
 priate explanations. 
 
 This compilation is intended to bring the weights and measures 
 laws as nearly up to date as practicable, and includes the session laws 
 of 1925. The latest authorized codes and compiled statutes were 
 consulted; or, in the absence of such authorized works, the latest 
 generally accepted compiled statutes were taken. Legislation passed 
 subsequent to these works was taken from the session laws on file in 
 the library of the Supreme Court of the United States. 
 
 In some instances no side titles were given in the publication from 
 which the law was taken, and in these cases side titles have been sup- 
 plied for convenience of reference. In other cases it has been neces- 
 sary to change the side titles in order to give a clearer idea of the 
 subject matter selected. It is not within the scope of this work to 
 give a complete history of the acts; but in consulting a compilation 
 of this kind it is usually desirable and often important to know when 
 a particular section was enacted or last amended, and an endeavor has 
 been made to give this information. This has been done by putting 
 after the section number, in parentheses, the date of enactment, thus 
 (1878), or, in the case of an amended section, by putting the letter 
 " a " before the date of the last amendment, thus (al914) . If a section 
 was amended subsequently to the issuance of the code or statutes in 
 which it is found, such amendment is noted after the section number, 
 as, for example, " Sec. 2376, as amended by Laws, 1917, ch. 60, p. 125." 
 Such notice of amendment applies only to the particular section indi- 
 cated. The date appearing immediately after a section number 
 applies to that section and to those which follow until another date 
 is given. A degree mark appearing immediately following the section 
 number, thus, " Sec. 491°," is used to indicate that the date of enact- 
 ment of the section has not been found, and this mark applies to 
 sections following until another date appears. Where reference is 
 made to the session laws, the year such laws were passed is always 
 given in the reference, and it is therefore unnecessary to duplicate 
 the year by putting it after the section number. 
 
FEDERAL LAWS AND REGULATIONS CONCERNING WEIGHTS 
 
 AND MEASURES 
 
 UNITED STATES 
 Const. TJ. S., Art. I. 
 
 Sec. 8, par. 5 (1787). National standard of weights and measures. — 
 The Congress shall have Power * * * To coin Money, regulate 
 the Value thereof, and of foreign Coin, and fix the Standard of 
 Weights and Measures; 
 
 31 Stat., ch. 872, p. 1449. 
 
 Sec. 1 (1901). Establishment of the National Bureau of Standards. — 
 The Office of Standard Weights and Measures shall hereafter be 
 known as the National Bureau of Standards. 
 
 Sec. 2. Custody of standards; comparisons; construction of standards; 
 tests; investigations. — That the functions of the bureau shall consist 
 in the custody of the standards; the comparison of the standards 
 used in scientific investigations, engineering, manufacturing, com- 
 merce, and educational institutions with the standards adopted or 
 recognized by the Government; the construction, when necessary, 
 of standards, their multiples and subdivisions; the testing and 
 calibration of standard measuring apparatus; the solution of prob- 
 lems which arise in connection with standards; the determination 
 of physical constants and the properties of materials, when such 
 data ax*e of great importance to scientific or manufacturing interests 
 and are not to be obtained of sufficient accuracy elsewhere. 
 
 Sec. 3. For whom its functions may be exercised. — That the bureau 
 shall exercise its functions for the Government of the United 
 States; for any State or municipal government within the United 
 States; or for any scientific society, educational institution, firm, 
 corporation, or individual within the United States engaged in 
 manufacturing or other pursuits requiring the use of standards or 
 standard measuring instruments. All requests for the services of the 
 bureau shall be made in accordance with the rules and regulations 
 herein established. 
 
 Sec. 5, as amended by act of March 4, 1911. Director; powers and duties; 
 annual report; bulletins of information. — That the director shall be 
 appointed by the President, by and with the advice and consent of 
 the Senate. He shall have the general supervision of the bureau, 
 its equipment, and the exercise of its functions. He shall make an 
 annual report to the Secretary of the Treasury, 1 including an ab- 
 stract of the work done during the year and a financial statement. 
 He may issue, when necessary, bulletins for public distribution, con- 
 taining such information as may be of value to the public or facili- 
 tate the bureau in the exercise of its functions. Hereafter in the case 
 of the absence of the Director of the Bureau of Standards, the 
 Secretary of Commerce and Labor ' may designate some officer of 
 said bureau to perform the duties of the director during his absence. 
 
 1 By Hie ad of Congress establishing the Department of Commerce and Labor, the 
 National Bureau, of Standards was transferred to the new department. Subsequently 
 this department was divided Into two departments, namely, tne Department of Com- 
 merce and the Department of Laiior, the National Bureau of Standards being placed 
 under the former. The word "Commerce" should therefore be substituted for 
 "Treasury" and "Commerce and Labor" wherever occurring in the act. 
 
 f) 
 
6 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 6. Appointments. — That the officers and employees provided for 
 by this act, except the director, shall be appointed by the Secretary 
 of the Treasury, 2 at such time as their respective services may become 
 necessary. 
 
 Sec. 8. Fees for tests, etc. — That for all comparisons, calibrations, 
 tests, or investigations, except those performed for the Government 
 of the United States or State governments within the United States, 
 a reasonable fee shall be charged, according to a schedule submitted 
 by the director and approved by the Secretary of the Treasury. 2 
 
 Sec. 9. Regulations. — That the Secretary of the Treasury 2 shall, 
 from time to time, make regulations regarding the payment of fees, 
 the limits of tolerance to be attained in standards submitted for 
 verification, the sealing of standards, the disbursement and receipt 
 of moneys, and such other matters as he may deem necessary for 
 carrying this act into effect. 
 
 Sec. 10. Visiting committee. — That there shall be a visiting commit- 
 tee of five members, to be appointed by the Secretary of the Treas- 
 ury, 2 to consist of men prominent in the various interests involved, 
 and not in the employ of the Government. This committee shall 
 visit the bureau at least once a year, and report to the Secretary of 
 the Treasury, 2 upon the efficiency of its scientific work and the con- 
 dition of its equipment. The members of this committee shall serve 
 without compensation, but shall be paid the actual expenses incurred 
 in attending its meetings. The period of service of the members of 
 the original committee shall be so arranged that one member shall 
 retire each year, and the appointments thereafter to be for a period 
 of five years. Appointments made to fill vacancies occurring other 
 than in the regular manner are to be made for the remainder of the 
 period in which the vacancy exists. 
 
 5 Stat., p. 133; Joint Resolution of Congress, June 14, 1836. 
 
 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 hereby is, directed to cause a complete set of all 
 ■weights and measures adopted as standards and now either made or 
 in progress of manufacture for the use of the several customhouses, 
 and for other purposes, to be delivered to the governor of each State 
 in the Union, or such person as he may appoint for the use of the 
 States, respectively, to the end that a uniform standard of weights 
 and measures may be established throughout the United States. 
 
 14 Stat., p. 369; Joint Eesolution of Congress, July 27, 1866. 
 
 Standard weights and measures of the metric system to be furnished 
 to the States. — Be it resolved oy the Senate and House of Repre- 
 sentatives of the United States of America in Congress assembled.! 
 That the Secretary of the Treasury be, and he is hereby, authorized 
 and directed to furnish to each State, to be delivered to the governor 
 thereof, one set of standard weights and measures of the metric 
 system for the use of the States, respective!}'. 
 
 21 Stat., p. 521 Joint Res. No. 26, (1881). 
 
 Standard weights and measures; for agricultural colleges; for the 
 Smithsonian Institution. — Resolved by the Senate and House of Rep- 
 
 2 See footnote 1, p. 5. 
 
UNITED STATES 7 
 
 resentatives of the United States of America 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 stand- 
 ards to be delivered to the governor of each State in the Union, for 
 the use of agricultural colleges in the States, respectively, which have 
 received a grant of lands from the United States, and also one set of 
 the same for the use of the Smithsonian Institution : Provided, That 
 the cost of each set shall not exceed two hundred dollars, and a sum 
 sufficient to carry out the provisions of this resolution is hereby ap- 
 propriated out of any money in the Treasury not otherwise appro- 
 priated. 
 
 26 Stat., ch. 667, p. 242. 
 
 Sec. 1 (1890). Repairs to standard weights and measures. — * * * 
 hereafter such necessary repairs and adjustments shall be made to 
 the standards furnished to the several States and Territories as may 
 be requested by the governors thereof, and also to standard, 
 weights and measures that have been, or may hereafter be, supplied 
 to United States customhouses and other offices of the United 
 States, under act of Congress, when requested by the Secretary of 
 the Treasury. * * *. 
 
 28 Stat., ch. 301, p. 383. 
 
 Sec. 1 (1894). Replacing lost standard weights and measures. — The 
 Secretary of the Treasury * * * is * * * authorized and 
 directed to furnish precise copies of standard weights and measures 
 bearing the seal of the office of construction of standard weights 
 and measures of the United States, and accompanied by a suitable 
 certificate, to any State, Territory, or institution heretofore furnished 
 with the same, upon application in writing by the governor in the 
 case of a State or Territory, or by the official head in the case of 
 an institution, setting forth that the copies of standards applied for 
 are to replace similar ones heretofore furnished, in accordance with 
 law, by the office of construction of standard weights and measures 
 of the United States which have been lost or destroyed : Provided, 
 That the applicant shall, before the said standards are delivered, 
 first deposit with the Secretary of the Treasury the amount of money 
 necessary to defray all expenses incurred by the office of construc- 
 tion of standard weights and measures in furnishing the same, which 
 amount shall be covered into the Treasury of the United States to 
 the credit of miscellaneous receipts, as soon as the weights or meas- 
 ures are delivered for transportation into the hands of such persons 
 as are designated by the officers ordering the same. 
 
 XJ. S. Coast and Geodetic Survey, Bulletin 26, Apr. 5, 1893; yard and 
 pound to be derived from meter and kilogram. — * * * the Office of 
 Weights and Measures, 3 with the approval of the Secretary of the 
 Treasury, will in the future regard the International Prototype 
 Metre and Kilogramme as fundamental standards, and the customary 
 units, the yard and the pound, will be derived therefrom in 
 accordance with the act of July 28, 1866. 
 
 R. S. 3569 (1866). 
 
 The metric system authorized. — It shall be lawful throughout the 
 United States of America to employ the weights and measures of 
 
 'Now the National Bureau of Standards. 
 
8 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the metric system; and no contract or dealing, or pleading in any 
 court, shall be deemed invalid or liable to objection because the 
 weights or measures expressed or referred to therein are weights or 
 measures of the metric system. 
 
 E. S. 3570 (1866). 
 
 Authorized tables of weights and measures; equivalents established. — 
 
 The tables in the schedule hereto annexed shall be recognized in the 
 construction of contracts, and in all legal proceedings, as establishing, 
 in terms of the weights and measures now in use in the United States, 
 the equivalents of the weights and measures expressed therein in 
 terms of the metric system ; and the tables may lawfully be used for 
 computing, determining, and expressing in customary weights and 
 measures the weights and measures of the metric system. 
 
 Tables of units. 
 
 MEASURES OF LENGTH 
 
 Metric denominations and values 
 
 
 
 Myriameter - 10,000 meters. 
 
 Kilometer 1,000 meters. 
 
 Hectometer 100 meters. 
 
 Dekameter - 10 meters. 
 
 Meter - -- 1 meter. 
 
 Decimeter A of a meter. 
 
 Centimeter T ?f„ of a meter. 
 
 Millimeter -- tVos of a meter. 
 
 Equivalents in denominations in use 
 
 6. 2137 miles. 
 
 0. 62137 miles, or 3,280 feet and 10 inches. 
 
 328 feet and 1 inch. 
 
 393. 7 inches. 
 
 39. 37 inches. 
 
 3. 937 inches. 
 
 0. 3937 inch. 
 
 0.0394 inch. 
 
 MEASURES OF CAPACITY 
 
 Metric denominations and values 
 
 Equivalents in denominations in use 
 
 Names 
 
 Number 
 of liters 
 
 Cubic measure 
 
 Dry measure 
 
 Liquor or wine 
 measure 
 
 
 1,000 
 100 
 10 
 
 1 
 rV 
 
 TU7TCF 
 
 1 cubic meter 
 
 1.308 cub. yards 
 
 264. 17 gallons. 
 
 Hectoliter. 
 
 re of a cubic meter 
 
 10 cubic decimeters 
 
 1 cubic decimeter 
 
 rs of a cub. decimete 
 
 10 cubic centimetersr 
 
 1 cubic centimeter 
 
 2 bushels and 3.35 pecks . . . 
 9. 08 quarts 
 
 26. 417 gallons. 
 2. 6417 gallons. 
 
 
 0.908 quart 
 
 1.0567 quarts. 
 
 
 6. 1022 cub. inch 
 
 0. 845 gill. 
 
 
 0. 6102 cub. inch 
 
 0. 338 fluid ounce. 
 
 Milliliter 
 
 0. 061 cub. inch 
 
 0. 27 fluid dram. 
 
 
 
 
 MEASURES OF SURFACE 
 
 M etric denominations and values 
 
 Hectare - 10,000 square meters. 
 
 Are 100 square meters. 
 
 Centare.. - 1 square meter. 
 
 Equivalents in denominations in use 
 
 2. 471 acres. 
 
 119. 6 square yards. 
 
 1, 550 square inches. 
 
 WEIGHTS 
 
 Metric denominations and values 
 
 Names 
 
 Number of 
 grams 
 
 Weight of what quantity of water at 
 maximum density 
 
 Equivalents in de- 
 nominations in use 
 
 Avoirdupois 
 weight 
 
 Millier or tonneau. 
 
 Quintal 
 
 Myriagram 
 
 Kilogram or kilo... 
 
 Hectogram 
 
 Dekagram 
 
 Gram _. 
 
 Decigram 
 
 Centigram. 
 
 Milligram... 
 
 1,000,000 
 
 100, 000 
 
 10, 000 
 
 1,000 
 
 100 
 
 10 
 
 1 
 A 
 
 1 cubic meter 2204.6 pounds. 
 
 1 hectoliter 220. 46 pounds. 
 
 10 liters. 
 
 1 liter 
 
 1 deciliter 
 
 10 cubic centimeters 
 
 1 cubic centimeter.. 
 
 A of a cubic centimeter. 
 
 10 cubic millimeters 
 
 1 cubic millimeter 
 
 22. 046 pounds. 
 2. 2046 pounds. 
 3. 5274 ounces. 
 0. 3527 ounce. 
 15. 432 grains. 
 1. 5432 grains. 
 0. 1543 grain. 
 0.0154 grain. 
 
UNITED STATES 9 
 
 28 Stat., ch. 131, p. 102. 
 
 Sec. 1 (1894). Legal units of electrical measure established. — * * * 
 from and after the passage of this act the legal units of electrical 
 measure in the United States shall be as follows: 
 
 Unit of resistance, ohm. — First. The unit of resistance shall be what 
 is known as the international ohm, which is substantially equal to 
 one thousand million units of resistance of the centimeter-gram- 
 second system of electromagnetic units, and represented by the 
 resistance offered to an unvarying electric current by a column of 
 mercury at the temperature of melting ice fourteen and four thou- 
 sand live hundred and twenty-one ten-thousandths grams in mass, 
 of a constant cross-sectional area, and of the length of one hundred 
 and six and three-tenths centimeters. 
 
 Unit of current, ampere. — Second. The unit of current shall be what 
 is known as the international ampere, which is one-tenth of the unit 
 of current of the centimeter-gram-second system of electromagnetic 
 units, and is the practical equivalent of the unvarying current, 
 which, when passed through a solution of nitrate of silver in water 
 in accordance with standard specifications, deposits silver at the 
 rate of one thousand one hundred and eighteen millionths of a gram 
 per second. 
 
 Unit of electromotive force, volt. — Third. The unit of electromotive 
 force shall be what is known as the international volt, which is the 
 electromotive force that, steadily applied to a conductor whose resist- 
 ance is one international ohm, will produce a current of an inter- 
 national ampere, and is practically equivalent to 4 one thousand 
 fourteen-hundred-and-thirty-fourths of the electromotive force be- 
 tween the poles or electrodes of the voltaic cell known as Clark's 
 cell, at a temperature of fifteen degrees centigrade, and prepared in 
 the manner described in the standard specifications. 
 
 Unit of quantity, coulomb. — Fourth. The unit of quantity shall be 
 what is known as the international coulomb, which is the quantity 
 of electricity transferi'ed by a current of one international ampere 
 in one second. 
 
 Unit of capacity, farad. — Fifth. The unit of capacity shall be what 
 is known as the international farad, which is the capacity of a con 
 denser charged to a potential of one international volt by one inter- 
 national coulomb of electricit}'. 
 
 Unit of work, joule. — Sixth. The unit of work shall be the joule, 
 which is equal to ten million units of work in the centimeter-gram- 
 second system, and which is practically equivalent to the energy 
 expended in one second by an international ampere in an interna- 
 tional ohm. 
 
 Unit of power, watt. — Seventh. The unit of power shall be the watt 
 which is equal to ten million units of power in the centimetcr-gram- 
 second system, and which is practically equivalent to the work done 
 at the rate of one joule per second. 
 
 Unit of induction, henry. — Eighth. The unit of induction shall be 
 the henry, which is the induction in a circuit when the electromotive 
 force induced in this circuit is one international volt while the induc- 
 ing current varies at the rate of one ampere per second. 
 
 ( Equivalent to \ j,°. 
 
10 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 2. Specification for practical use of units. — That it shall be the 
 rhity of the National Academy of Sciences to prescribe and publish, 
 as soon as possible after the passage of this act, such specifications 
 of details as shall be necessary for the practical application of the 
 definitions of the ampere and volt hereinbefore given, and such 
 specifications shall be the standard specifications herein mentioned. 5 
 
 Metric Convention; 8 International Bureau of Weights and Measures. 
 
 His Excellency the President of the United States of America, His 
 Majestjr the Emperor of Germany, His Majesty the Emperor of 
 Austria-Hungary, His Majesty the King of the Belgians, His Maj- 
 esty the Emperor of Brazil, His Excellency the President of the 
 Argentine Confederation, His Majesty the King of Denmark, His 
 Majesty the King of Spain, His Excellency the President of the 
 French Republic, His Majesty the King of Italy, His Excellency the 
 President of the Republic of Peru, His Majesty the King of Portu- 
 gal and the Argarves, His Majesty the Emperor of all the Russias, 
 His Majesty the King of Sweden and Norway, His Excellency the 
 President of the Swiss Confederation, His Majesty the Emperor of 
 the Ottomans, and His Excellencj' the President of the Republic of 
 Venezuela, desiring international uniformity and precision in stand- 
 ards of weight and measure, have resolved to conclude a conven- 
 tion to this effect, and have named as their plenipotentiaries the fol- 
 lowing: * * * 
 
 Who, after having exhibited their full powers, which were found 
 to be in good and clue form, have agreed upon the following articles : 
 
 Article 1. The high contracting parties engage to establish and 
 maintain, at their common expense, a scientific and permanent inter- 
 national bureau of weights and measures, the location of which shall 
 be at Paris. 
 
 Art. 2. The French Government shall take all the necessary meas- 
 ures to facilitate the purchase, or, if expedient, the construction, of 
 a building which shall be especially devoted to this purpose, subject 
 to the conditions stated in the regulations which are subjoined to 
 this convention. 
 
 Art. 3. The operation of the international bureau shall be under 
 the exclusive direction and supervision of an international committee 
 of weights and measures, which latter shall be under the control of 
 a general conference for weights and measures, to be composed of 
 the delegates of all the contracting Governments. 
 
 Art. 4. The general conference for weights and measures shall be 
 presided over by the president for the time being of the Paris Acad- 
 emy of Sciences. 
 
 Art. 5. The organization of the bureau, as well as the formation 
 and the powers of the international committee, and of the general 
 conference for weights and measures, are established by the regula- 
 tions subjoined to this convention. 
 
 ■"• See Bulletin No. 2, Bureau of Standards, for detailed specifications herein pro- 
 vided for. 
 
 Metric convention (translation) signed at Paris, May 20, 1875; ratification advised 
 by the Senate, May 15, 1878; ratified by the President, May 28, 1878; ratifications 
 exchanged, August 2, 1878 ; proclaimed, September 27, 1878 : As amended by the 
 convention signed at Sevres, October 6, 1921 ; ratification advised by the Senate, January 
 5, 1923 ; ratified by the President, September 19, 1923 ; ratification of the United States, 
 deposited with the Government of the French Republic, October 24, 1923; proclaimed, 
 October 27, 1923. 
 
"UNITED STATES 11 
 
 Art. 6. The international bureau of weight and measures shall be 
 charged with the following duties: 
 
 First. All comparisons and verifications of the new prototypes of 
 the meter and kilogram. 
 
 Second. The custody of the international prototypes. 
 
 Third. The periodical comparison of the national standards with 
 the international prototypes and with their test copies, as well as 
 comparisons of the standard thermometers. 
 
 Fourth. The comparison of the prototypes with the fundamental 
 standards of nonmetrical weights and measures used in different 
 countries for scientific purposes. 
 
 Fifth. The sealing and comparison of geodesic measuring bars. 
 
 Sixth. The comparison of standards and scales of precision, the 
 verification of which may be requested by governments or by scien- 
 tific societies, or even by constructors or men of science. 
 
 Art. 7. After the committee shall have proceeded with the work 
 of coordinating the measures relative to electric units and when the 
 general conference shall have so decided by a unanimous vote, the 
 bureau will have charge of the establishment and keeping of the 
 standards of the electric units and their test copies and also of com- 
 paring with those standards, the national or other standards of 
 precision. 
 
 The bureau is also charged with the duty of making the deter- 
 minations relative to physical constants, a more accurate knowledge 
 of which ma} T be useful in increasing precision and further insuring 
 uniformity in the provinces to which the above-mentioned units 
 belong (article 6 and first paragraph of article 7). 
 
 It is finally charged with the duty of coordinating similar de- 
 terminations effected in other institutions. 
 
 Art. 8. The international prototypes and standards and also their 
 test copies shall be deposited in the bureau; access to the deposit 
 shall be solely reserved for the international committee. 
 
 Art. 9. The entire expense of the construction and outfit of the 
 international bureau of weights and measures, together with the 
 annual cost of its maintenance and the expenses of the committee, 
 shall be defrayed by contributions from the contracting states, the 
 amount of which shall be computed in proportion to the actual popu- 
 lation of each. 
 
 Art. 10. The amounts representing the contributions of each of the 
 contracting States shall be paid at the beginning of each year, 
 through the ministry of foreign affairs of France, into the Caisse 
 de depots et consignations at Paris, whence they may be drawn as 
 occasion may require, upon the order of the director of the bureau. 
 
 Art. 11. Those Governments which may take advantage of the 
 privilege, open to every State, of acceding to this convention shall 
 be required to pay a contribution, the amount of which shall be 
 fixed by the committee on the basis established in article 9, and which 
 shall be devoted to the improvement of the scientific apparatus of 
 the bureau. 
 
 Art. 12. The high contracting parties reserve to themselves the 
 power of introducing into the present convention, by common con- 
 sent, any modifications the propriety of which may have been shown 
 by experience. 
 
12 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Art. 13. At the expiration of twelve years this convention may be 
 abrogated by any one of the high contracting parties, so far as it is 
 concerned. 
 
 Any Government which may avail itself of the right of terminating 
 this convention, so far as it is concerned, shall be required to give 
 notice of its intentions one year in advance, and by so doing shall 
 renounce all rights of joint ownership in the international prototypes 
 and in the bureau. * * *. 
 
 Appendix No. 1 (translation), Regulations. 
 
 Article 1. The international bureau of weights and measures shall 
 be established in a special building, possessing all the necessary safe- 
 guards of stillness and stability. 
 
 It shall comprise, in addition to the vault, which shall be devoted 
 lo the safe-keeping of the prototypes, rooms for mounting the com- 
 parators and balances; a laboratory, a library, a room for the ar- 
 chives, workrooms for the employes, and lodgings for the watchmen 
 and attendants. 
 
 Art. 2. It shall be the duty of the international committee to 
 acquire and fit up the aforesaid building and to set in operation the 
 work for which is was designed. 
 
 In case of the committee's inability to obtain a suitable building 
 one shall be built under its directions and in accordance with its 
 plans. 
 
 Art. 3. The French Government shall, at the request of the inter- 
 national committee, take the necessary measures to cause the 
 bureau to be recognized as an establishment of public utility. 
 
 Art. 4. The international committee shall cause the necessary in- 
 struments to be constructed, such as comparators for the standards of 
 line and end measures, apparatus for the determination of absolute 
 dilatations, balances for weighing in air and in vacuo, comparators 
 for geodetic measuring bars, etc. 
 
 Art. 5. The entire expense incurred in the purchase or construc- 
 tion of the building, and in the purchase and placing of the instru- 
 ments and apparatus, shall not exceed 400,000 francs. 
 
 Art. 6. The annual appropriation for the international bureau 
 consists of two parts, one of which is fixed, the other complementary. 
 
 The fixed part is, in principle, 250,000 francs, but on the unanimous 
 vote of the committee may be raised to 300,000 francs. It is borne 
 by all the States and autonomous colonies that adhered to the meter 
 convention before the sixth general conference. 
 
 The complementary part is made up of contributions from the 
 States and autonomous colonies that joined the convention after the 
 aforesaid general conference. The committee is charged with the 
 duty of drawing up on the motion of the director the annual budget, 
 but without exceeding the amount computed in accordance with the 
 provisions of the two paragraphs above. The budget is made known 
 every year by means of a special financial report to the Governments 
 of the high contracting parties. 
 
 If the committee find it necessary either to increase beyond 300,000 
 francs the fixed part of the annual appropriation or to modify the 
 computation of the contributions as determined by article 20 of 
 these regulations, it should lay the matter before the Governments 
 so as to enable them to issue in good time the needed instructions 
 
UNITED STATES 13 
 
 to their delegates to the next general conference in order that the 
 said conference may deliberate to good purpose. The decision will 
 stand only in the case that no opposition shall have been expressed 
 before or in the conference by any of the contracting States. 
 
 If the State should let three years go without paying its contribu- 
 tion, that contribution shall be divided among the other States 
 proportionally to their own contribution. The additional sum thus 
 paid by the States to make up the whole of the appropriation of the 
 bureau shall be regarded as an advance to the delinquent State and 
 shall be reimbursed to them if that State should make good its 
 arrears. The advantages and prerogatives conferred by adhering to 
 the meter convention are suspended in the case of States that have 
 been delinquent three years. 
 
 After three more years the delinquent State shall be expelled from 
 the convention and the reckoning of the contributions restored in 
 accordance with the provisions of article 20 of these regulations. 
 
 Art. 7. The general conference mentioned in article 3 of this con- 
 vention shall be at Paris, upon the summons of the international 
 committee, at least once every six years. 
 
 It shall be its duty to discuss and initiate measures necessary for 
 the dissemination and improvement of the metrical system, and to 
 pass upon such new fundamental metrological determinations as may 
 haA ? e been made during the time when it was not in session. It shall 
 receive the report of the international committee concerning the 
 work that has been accomplished, and shall replace one-half of the 
 international committee by secret ballot. 
 
 The voting in the general conference shall be by States; each 
 State shall be entitled to one vote. 
 
 Each of the members of the international committee shall be 
 entitled to a seat at the meetings of the conference. They may at 
 the same time be delegates of their Governments. 
 
 Art. 8. The international committee mentioned at article 3 of the 
 convention shall be composed of 18 members all from different States. 
 
 At the time of the renewal by halves of the international com- 
 mittee the outgoing members shall be first those who may have been 
 provisionally elected to fill vacancies between two sessions of the 
 conference; the others will be drawn by lot. Outgoing members 
 may be reelected. 
 
 Art. 9. The international committee organizes itself by electing by 
 its own secret vote its chairman and secretary. Those appointments 
 are notified to the Governments of the high contracting parties. 
 
 The chairman and the secretary of the committee and the director 
 of the bureau must belong to different countries. 
 
 Once organized, the committee can not hold other elections or 
 make other appointments except before three months shall have 
 elapsed after the notice of a vacancy calling for a vote shall have 
 been given to all the members. 
 
 Art. 10. The international committee directs all the metrological 
 works that the high contracting parties shall decide to have carried 
 on jointly. 
 
 It is also charged with the duty of seeing to the conservation of 
 the international prototypes and standards. 
 
 It may, lastly, institute the cooperation of specialists in questions 
 of metrology and coordinate the results of their work. 
 
14 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Art. 11. The committee shall meet at least once in two years. 
 
 Art. 12. The balloting in the committee is by a majority vote; 
 in case of a tie vote the chairman has the casting vote. 
 
 Decisions are only valid if the members present are at least one 
 half of the elected members forming the committee. 
 
 Subject to that condition absent members have a right to delegate 
 their votes to present members who rmist prove that they have been 
 so delegated. This also applies to appointments by secret ballot. 
 
 The director of the bureau is a nonvoting member of the com- 
 mittee. 
 
 Art. 13. During the interval occurring between two sessions the 
 committee shall have the right to discuss questions by correspondence. 
 
 In such cases, in order that its resolutions may be considered to 
 have been adopted in due form, it shall be necessary for all the mem- 
 bers of the committee to have been called upon to express their 
 opinions. 
 
 Art. 14. The international committee for weights and measures 
 shall provisionally fill such vacancies as may occur in it; these elec- 
 tions shall take place by correspondence, each of the members being 
 called upon to take part therein. 
 
 Art. 15. The international committee will draw up a detailed set 
 of regulations for the organization and work of the bureau and will 
 fix the dues to be paid for the extraordinary works provided by 
 articles 6 and 7 of the convention. 
 
 Those dues will be applied to improving the scientific equipment 
 of the bureau. A certain amount may be drawn annually for the 
 retirement fund from the total dues collected by the bureau. 
 
 Art. 18. All communications from the international committee to 
 the Governments of the high contracting parties shall take place 
 through the diplomatic representatives of such countries at Paris. 
 
 For all matters requiring the attention of the French authorities, 
 the committees shall have recourse to the ministry of foreign affairs 
 of France. 
 
 Art. 17. A regulation drawn up by the committee will determine 
 the maximum staff for each category of the personnel of the bureau. 
 The director and his assistants shall be elected by secret ballot by 
 the international committee. Other appointments shall be notified 
 to the Governments of the high contracting parties. The director 
 will appoint the other members of the personnel within the bounds 
 laid by the regulation mentioned in the first paragraph above. 
 
 Art. 18. The director of the bureau shall have access to the place 
 where the international prototypes are deposited only in pursuance 
 of a resolution of the committee and in the presence of at least one 
 of its members. The place of deposit of the prototypes shall be 
 opened only by means of three keys, one of which shall be in the 
 possession of the director of archives of France, the second in that 
 of the chairman of the committee, and the third in that of the 
 director of the bureau. 
 
 The standards of the class of national prototypes alone shall be 
 used for the ordinary comparing work of the bureau. 
 
 Art. 19. The director of the bureau shall annually furnish to the 
 committee: First, a financial report concerning the accounts of the 
 preceding year, which shall be examined, and if found correct, a 
 
UNITED STATES 
 
 15 
 
 certificate to that effect shall be given him; second, a report on the 
 condition of the apparatus; third, a general report concerning the 
 work accomplished during the course of the year just closed. 
 
 The international committee shall make to each of the Govern- 
 ments of the high contracting parties an annual report concerning 
 all its scientific, technical, and administrative operations, and 
 concerning those of the bureau. The chairman of the committee 
 shall make a report to the general conference concerning the work 
 that has been accomplished since its last session. 
 
 The reports and publications of the committee shall be in the 
 French language. They shall be printed and furnished to the Gov- 
 ernments of the high contracting parties. 
 
 Art. 20. The scale of contributions spoken of in article 9 of the 
 convention is established for its fixed part on the basis of the appro- 
 priation referred to in article 6 of the present regulations and of the 
 population; the normal contribution of each State can not be less 
 than five to a thousand nor more than 15 per cent of the whole appro- 
 priation, regardless of the population. In order to establish that 
 scale, it shall first be found which are the States that are in the con- 
 ditions required for the minimum and maximum and the remainder 
 of the quota shall be distributed among the other States in the direct 
 ratio of their population. 
 
 The quota thus reckoned stands for the whole time included 
 between two consecutive general conferences and can only be modi- 
 fied in the meanwhile in the following cases : 
 
 (a) If one of the adhering States allows three successive years to 
 pass without making its payments; 
 
 (&) When, on the contrary, a State which had been previously 
 delinquent for more than three years pays up its arrears, and the 
 occasion arises to return to the other Governments the advances 
 made by them. 
 
 The complementary contribution is computed on the same basis 
 of population and is like that which the States that have long 
 belonged to the convention pay under the same conditions. 
 
 If after adhering to the convention a State declares it would like 
 to extend the benefits thereof to one or more of its colonies that are 
 not autonomous, the number of the population of the said colonies 
 Avould be added to that of the State in reckoning the scale of con- 
 tributions. 
 
 When a colony that is recognized as autonomous shall desire to 
 adhere to the convention, it will be regarded with respect to its 
 admission into the convention and as the mother country may 
 decide, either as a dependency of that mother country or as a con- 
 tracting State. 
 
 Art. 21. The expense of constructing the international prototypes 
 and the standards and test copies which are to accompany them shall 
 be defrayed by the high contracting parties in accordance with the 
 scale fixed in the foregoing article. 
 
 The amounts to be paid for the comparison and verification of 
 standards required by States not represented at this convention 
 shall be regulated by the committee in conformity with the rates 
 fixed in virtue of article 15 of the regulations. 
 
 517—26 2 
 
16 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Art. 22. These regulations shall have the same force and value 
 as the convention to which they are annexed. * * * 
 
 Appendix No. 2 (translation), Transient Provisions. 
 
 [The text of these provisions is omitted since they no longer have 
 any significance.] 
 
 Metric Carat. 
 
 Circular No. 43, Bureau of Standards, issued November 1, 1913. — Be- 
 ginning July 1, 1913, the Bureau of Standards will recognize the 
 international metric carat of 200 milligrams as the unit of weight for 
 diamonds and other precious stones and will use this unit for the 
 purposes of certification of all carat weights submitted to the bureau 
 for test. 
 
 Treasury Department order, June 17, 1913, to collectors and other 
 officers of the customs. — On and after July 1, 1913, the unit of weight 
 for imported diamonds, pearls, and other precious stones will be 
 the metric carat of 200 milligrams. 
 
 Collectors at ports now equipped with scales for weighing precious 
 stones will make requisition for a new set of weights based upon such 
 carat. 
 
 Regulations for the Government of the U. S. Public Health Service, ap- 
 proved by the President, August 29, 1920. 
 
 Par. 516. Use of metric system required. — Officers shall, for all official, 
 medical, and pharmacal purposes, make use of the metric system 
 of weights and measures. 
 
 Army Regulations. 
 
 Regulations 40-590, par. 17-b. Use of metric system for prescrip- 
 tions. — Pharmacy management. * * * 
 
 (b) Records. 
 
 1. In time of peace and, so far as practicable, in time of war all 
 prescriptions will be written in the metric system. * * * 
 
 37 Stat., ch. 117, p. 732. 
 
 Sec. 1 (1913). Pure food regulations amended; packages to be marked 
 with weight, etc., proviso; variations and exemptions permitted. — That 
 section eight of an act entitled "An act for preventing the manu- 
 facture, sale, or transportation of adulterated or misbranded or 
 poisonous or deleterious foods, drugs, medicines, and liquors, and 
 for regulating traffic therein, and for other purposes," approved 
 June thirtieth, nine hundred and six, be, and the same is hereby, 
 amended by striking out the words " Third. If in package form, and 
 the contents are stated in terms of weight or measure, they are not 
 plainly and correctly stated on the outside of the package," and 
 inserting in lieu thereof the following: 
 
 Third. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package 
 in terms of weight, measure, or numerical count : Provided, however, 
 That reasonable variations shall be permitted, and tolerances and 
 also exemptions as to small packages shall be established by rules 
 and regulations made in accordance with the provisions of section 
 three of this act. 
 
 
UNITED STATES 17 
 
 Sec. 2. In effect. — That this act shall take effect and be in force 
 from and after its passage : Provided, however, That no penalty of 
 fine, imprisonment, or confiscation shall be enforced for any viola- 
 tion of its provisions as to domestic products prepared or foreign 
 products imported prior to eighteen months after its passage. 
 
 41 Stat. ch. 26, p. 234, 271 (1919). 
 
 Wrapped meats required to have net contents marked. — That the 
 word " package," where it occurs the second and last time in the act 
 entitled "An act to amend section 8 of an act entitled, 'An act for 
 preventing the manufacture, sale, or transportation of adulterated 
 .or misbranded or poisonous or deleterious foods, drugs, medicines, 
 and liquors, and for regulating traffic therein, and for other pur- 
 poses,' " approved March 3, 1913, shall include and shall be construed 
 to include wrapped meats inclosed in papers or other materials as 
 prepared by the manufacturers thereof for sale. 
 
 IT. S. Department of Agriculture, Circular 21, Eighth Revision, Rules and 
 Regulations for the Enforcement of the Federal Food and Drugs Act, 
 promulgated May 20, 1922. 
 
 Introduction. — The accompanying rules and regulations for the 
 enforcement of the food and drugs act of June 30, 1906, as amended, 
 supersede those previously promulgated. 
 
 Under date of October 17, 1906, 40 rules and regulations for the 
 enforcement of the act were adopted. These original 40 regulations 
 have been amended and modified from time to time by subsequent 
 decisions, but heretofore their numerical order has not been changed. 
 The present revision contains but 31 regulations. A few of the origi- 
 nal regulations have been dropped, several new regulations have 
 been added, and the numerical order has been changed. * * * 
 
 Regulation 26. 7 — Statement of weight, measure, or count. — (a) Ex- 
 cept as otherwise provided by this regulation, a package of food 
 shall be plainly and conspicuously marked with the quantity of 
 the contents in terms of weight, measure, or numerical count on the 
 outside of the container, or of the covering of the package usually 
 delivered to the consumer. 
 
 (b) The quantity of the contents so marked shall be the quantity 
 of food in the package. 
 
 (c) The statement of the quantity of the contents shall be plain 
 and conspicuous, shall not be a part of or obscured by any legend or 
 design, and shall be so placed and in such characters as to be readily 
 seen and clearly legible when the size of the package and the circum- 
 stances under which it is ordinarily examined by purchasers or 
 consumers are taken into consideration. 
 
 (d) The quantity of the contents when stated by weight or meas- 
 ure shall be marked in terms of the largest unit contained in the 
 package, except that, in the case of an article with respect to which 
 there exists a definite trade custom for marking the quantity of the 
 article in terms of fractional parts of larger units, it may be so 
 marked in accordance with the custom. Common fractions shall 
 be reduced to their lowest terms; fractions expressed as decimals 
 
 ' Formerly regulation 29. 
 
18 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 shall be preceded by zero and shall be carried out to not more than 
 two places. 
 
 (e) Statement of weight shall be in terms of the avoirdupois 
 pound and ounce; statement of liquid measure shall be in terms of 
 the United States gallon of 231 cubic inches and its customary sub- 
 divisions, i. e., gallons, quarts, pints, or fluid ounces, and shall ex- 
 press the volume of the liquid at 68° F. (20° C.) ; statement of dry 
 measure shall be in terms of the United States standard bushel of 
 2,150.42 cubic inches and its customary subdivisions, i. e., bushels, 
 pecks, quarts, or pints, or, in the case of articles in barrels, in terms 
 of the United States standard barrel and its lawful subdivisions, 
 i. e., third, half, or three-quarters barrel, as fixed by the act or 
 March 4, 1915 (38 Stat. 118G) : Provided, That statement of quan- 
 tity may be in terms of metric weight or measure. Statement of 
 metric weight shall be in terms of kilograms or grams. Statement 
 of metric measure shall be in terms of liters or cubic centimeters. 
 Other terms of metric weight or measure may be used if it appears 
 that a definite trade custom exists for marking articles with such 
 other terms and the articles are marked in accordance with the 
 custom. 
 
 (/) The quantity of solids shall be stated in terms of weight 
 and the quantity of liquids in terms of measure, except that in case 
 of an article in respect to which there exists a definite trade custom ; 
 otherwise the statement may be in terms of weight or measure in 
 accordance with such custom. The quantity of viscous or semisolid 
 foods or of mixtures of solids and liquids may be stated either by 
 weight or measure, but the statement shall be definite and shall indi- 
 cate whether the quantity is expressed in terms of weight or measure, 
 as, for example, " weight 12 oz." or " 12 oz. avoirdupois," " volume 12 
 ounces " or " 12 fluid ounces." 
 
 (g) The quantity of the contents shall be stated in terms of 
 weight or measure unless the package is marked by numerical count 
 and such numerical count gives accurate information as to the 
 quantity of the food in the package. 
 
 (A) The quantity of the contents may be stated in terms of mini- 
 mum weight, minimum measure, or minimum count, for example, 
 " minimum weight 10 oz.," " minimum volume 1 gallon," or " not 
 less than 4 fl. oz.," but in such case the statement must approximate 
 the actual quantity and there shall be no tolerance below the stated 
 minimum. 
 
 (i) The following tolerances and variations from the quantity 
 of the contents marked on the package shall be allowed : 
 
 (1) Discrepancies due exclusively to errors in weighing, meas- 
 uring, or counting which occur in packing conducted in compliance 
 with good commercial practice. 
 
 (2) Discrepancies due exclusively to differences in the capacity 
 of bottles and similar containers, resulting solely from unavoidable 
 difficulties in manufacturing such bottles or containers so as to be 
 of uniform capacity: Provided, That no greater tolerance shall be 
 allowed in case of bottles or similar containers which, because of 
 their design, can not be made of approximately uniform capacity 
 than is allowed in case of bottles or similar containers which can 
 be manufactured so as to be of approximately uniform capacity. 
 
UNITED STATES 19 
 
 (3) Discrepancies in weight or measure due exclusively to dif- 
 ferences in atmospheric conditions in various places and which un- 
 avoidably result from the ordinary and customary exposure of 
 the packages to evaporation or to the absorption of water. 
 
 Discrepancies under classes (1) and (2) of this paragraph shall 
 be as often above as below the marked quantity. The reasonableness 
 of discrepancies under class (3) of this paragraph will be determined 
 on the facts in each case. 
 
 (j) A package containing one-half avoirdupois ounce of food or 
 less is " small " and shall be exempt from marking in terms of 
 weight. 
 
 (k) A package containing one fluid ounce of food or less is 
 " small " and shall be exempt from marking in terms of measure. 
 
 (I) When a package is not required by paragraph (g) to be 
 marked in terms of either weight or measure and the units of food 
 therein are six or less, it shall, for the purpose of this regulation, 
 be deemed " small " and shall be exempt from marking in terms of 
 numerical count. 
 
 37 Stat, ch. 273, p. 250. 
 
 Sec. 1 (1912). Apples, standard barrel established for; proviso; steel 
 barrels. 8 — That the standard barrel for apples shall be of the fol- 
 lowing dimensions when measured without distention of its parts: 
 Length of stave, twenty-eight and one-half inches ; diameter of head, 
 seventeen and one-eighth inches; distance between heads, twenty- 
 six inches ; circumference of bulge, sixty-four inches outside measure- 
 ment, representing as nearly as possible seven thousand and fifty- 
 six cubic inches : Provided, That steel barrels containing the interior 
 dimensions provided for in this section shall be construed as a com- 
 pliance therewith. 
 
 Sec. 2. Grades established for apples in interstate, etc., commerce. — 
 That the standard grades for apples when packed in barrels which 
 shall be shipped or delivered for shipment in interstate or foreign 
 commerce, or which shall be sold or offered for sale within the Dis- 
 trict of Columbia or the Territories of the United States shall be 
 as follows: Apples of one variety, which are well-grown specimens, 
 hand picked, of good color for the variety, normal shape, practically 
 free from insect and fungous injury, bruises, and other defects, 
 except such as are necessarily caused in the operation of packing, 
 or apples of one variety which are not more than ten per centum 
 below the foregoing specifications shall be " Standard grade mini- 
 mum size two and one-half inches," if the minimum size of the apples 
 is two and one-half inches in transverse diameter ; " Standard grade 
 minimum size two and one-fourth inches," if the minimum size of 
 the apples is two and one-fourth inches in transverse diameter; or 
 " Standard grade minimum size two inches," if the minimum size of 
 the apples is two inches in transverse diameter. 
 
 Sec. 3. Branding of barrels.— That the barrels in which apples are 
 packed in accordance with the provision of this act may be branded 
 in accordance with section two of this act. 
 
 8 The provisions of this chapter have been modified to some extent by the provisions 
 of the standard bnrrel law, passed in 1915 C-iH Stat., ch. 158, p. 1186), and therefore 
 this latter act should be consulted in this connection. (See p. 20.) 
 
20 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4. Requirements for barrels; marking. — That all barrels packed 
 with apples shall be deemed to be below standard if the barrel bears 
 any statement, design, or device indicating that the barrel is a stand- 
 ard barrel of apples, as herein defined, and the capacity of the barrel 
 is less than the capacity prescribed by section one of this act, unless 
 the barrel shall be plainly marked on end and side with words or 
 figures showing the fractional relation which the actual capacity of 
 the barrel bears to the capacity prescribed by section one of this act. 
 The marking required by this paragraph shall be in block letters of 
 a size not less than seventy-two point one-inch gothic. 
 
 Sec. 5. Misbranding; contents below standard; insufficient statement. — 
 That barrels packed with apples shall be deemed to be misbranded 
 within the meaning of this act — - 
 
 First. If the barrel bears any statement, design, or device indicat- 
 ing that the apples contained therein are " Standard " grade and 
 the apples when packed do not conform to the requirements pre- 
 scribed by section two of this act. 
 
 Second. If the barrel bears any statement, design, or device indi- 
 cating that the apples contained therein are " Standard " grade and 
 the barrel fails to bear also a statement of the name of the variety, 
 the name of the locality where grown, and the name of the packer 
 or the person by whose authority the apples were packed and the 
 barrel marked. 
 
 Sec. 6. Penalty for violations. — That any person, firm or corpora- 
 tion, or association who shall knowingly pack or cause to be packed 
 apples in barrels or who shall knowingly sell or offer for sale such 
 barrels in violation of the provisions of this act shall be liable to a 
 penalty of one dollar and costs for each such barrel so sold or offered 
 for sale, to be recovered at the suit of the United States in any court 
 of the United States having jurisdiction. 
 
 38 Stat, ch. 158, p. 1186. 
 
 Sec. 1 (1915). Fruits, vegetables, etc., standard barrel established for; 
 proviso; cubic capacity accepted; standard barrel for cranberries. 9 — 
 That the standard barrel for fruits, vegetables, and other dry 10 
 commodities other than cranberries shall be of the following dimen- 
 sions when measured without distention of its parts: Length of 
 stave, twenty-eight and one-half inches; diameter of heads, seven- 
 teen and one-eighth inches; distance between heads, twenty -six 
 inches; circumference of bulge, sixty-four inches, outside measure- 
 ment; and the thickness of staves not greater than four-tenths of 
 an inch: Provided, That any barrel of a different form having a 
 capacity of seven thousand and fifty-six cubic inches shall be a 
 standard barrel. The standard barrel for cranberries shall be of 
 the following dimensions when measured without distention of its 
 parts: Length of staves, twenty-eight and one-half inches; diameter 
 of head, sixteen and one-fourth inches; distance between heads, 
 twenty-five and one-fourth inches; circumference of bulge, fifty - 
 
 * This law applies not only in interstate commerce, but to commerce within the 
 States as well, and it appears to be the consensus of opinion of recognized authorities 
 on law that such a law passed by Congress nullifies all State legislation in so far as the 
 latter is in conflict with it. Hence for a correct interpretation of a State law per- 
 taining to barrels it must be read in connection with this act of Congress. 
 
 10 Lime is not now included within the purview of this law, since a more recent act 
 (39 Stat., ch. 396, p. 530) has established standard barrels for lime upon a weight 
 basis (see p. 26). 
 
UNITED STATES 
 
 21 
 
 eight and one-half inches, outside measurement; and the thickness 
 of staves not greater than four-tenths of an inch. 
 
 Sec. 2. Sales in less capacity than standard a misdemeanor; punish- 
 ment; proviso; exports. — That it shall be unlawful to sell, offer, or 
 expose for sale in any State, Territory, or the District of Columbia, 
 or to ship from any State, Territory, or the District of Columbia to 
 any other State, Territory, or the District of Columbia or to a for- 
 eign country, a barrel containing fruits or vegetables or any other 
 dry commodity of less capacity than the standard barrels defined in 
 the first section of this act, or subdivisions thereof known as the 
 third, half, and three-quarters barrel, and any person guilty of a 
 willful violation of any of the provisions of this act shall be deemed 
 guilty of a misdemeanor and be liable to a fine not to exceed $500, 
 or imprisonment not to exceed six months, in the court of the United 
 States having jurisdiction : Provided, however, That no barrel shall 
 be deemed below standard within the meaning of this act when 
 shipped to any foreign country and constructed according to the 
 specifications or directions of the foreign purchaser if not constructed 
 in conflict with the laws of the foreign country to which the same is 
 intended to be shipped. 
 
 Sec. 3. Variations permitted; prosecutions; proviso; sales by weight 
 er count excepted. — That reasonable variations shall be permitted 
 and tolerance shall be established by rules and regulations made by 
 the director of the Bureau of Standards and approved by the Secre- 
 tary of Commerce. Prosecutions for offenses under this act may be 
 begun upon complaint of local sealers of weights and measures or 
 other officers of the several States and Territories appointed to en- 
 force the laws of the said States or Territories, respectively, relating 
 to weights and measures: Provided, however, That nothing in this 
 act shall apply to barrels used in packing or shipping commodities 
 sold exclusively by weight or numerical count. 
 
 Bureau of Standards, Circular No. 71, Rules and Regulations Promul- 
 gated Under Authority of the Eederal Standard-Barrel Law, Issued 
 Sept. 18, 1917. 
 
 In accordance with the provisions of section 3 of the act to fix 
 the standard barrel for fruits, vegetables, and other dry commodi- 
 ties (38 Stat., ch. 158, p. 1186, 63c^ Cong.), approved March 4, 1915, 
 there are hereby promulgated rules and regulations, made by the 
 Director of the Bureau of Standards and approved by the Secretary 
 of Commerce. 
 
 Paragraph 1. (a) The capacities of the standard barrel for fruits, 
 vegetables, and other dry commodities, 11 other than cranberries, 
 and its subdivisions at\> as follows : 
 
 Size 
 
 Barrel.. 
 %. barrel 
 Yi barrel 
 \i barrel 
 
 Cubic 
 inches 
 
 7,050 
 5,292 
 3,528 
 2,352 
 
 Bushels < 
 
 3.281 
 2. 461 
 1. 641 
 
 1.094 
 
 Quarts • 
 
 105 
 78?i 
 52M 
 35 
 
 " Struck moasuro. 
 
 11 Lime is not included within the purview of the law or of these rules and regulations, since a more recent 
 act (39 Stat., ch., 300, p. 530 ) has established standard barrels especially for lime, upon a weight basis. 
 
22 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 (b) The capacities of the standard cranberry barrel and its sub- 
 divisions are as follows: 
 
 Size 
 
 Cubic 
 inches 
 
 Bushels ' 
 
 Quarts ' 
 
 Cranberry barrel . . 
 % cranberry barrel 
 i4 cranberry barrel 
 }i cranberry barrel 
 
 5,826 
 4, 369. 5 
 2,913 
 1,942 
 
 2.709 
 2.032 
 1.355 
 0.903 
 
 86J| 
 
 43» 
 28J* 
 
 ' Struck measure. 
 
 Par. 2. (a) Any barrel having the dimensions specified for a 
 standard barrel for fruits, vegetables, and other dry commodities 
 other than cranberries, in section 1 of the standard-barrel law, or 
 any barrel or a subdivision thereof having the contents specified in 
 section 1 of the standard-barrel law and in paragraph 1 (a) of 
 these rules and regulations, regardless of its form or dimensions, 
 is a legal standard barrel for fruits, vegetables, or other dry com- 
 modities other than cranberries, or a legal subdivision thereof. 
 No other barrel or subdivision in barrel form is a legal container 
 for fruits, vegetables, or other dry commodities other than cran- 
 berries. 
 
 (b) Any barrel having the dimensions specified for a standard 
 barrel for cranberries in section 1 of the standard-barrel law, or 
 any subdivision thereof having the contents specified in para- 
 graph 1 (b) of these rules and regulations, regardless of its form or 
 dimensions, is a legal standard barrel for cranberries or a legal 
 subdivision thereof. No other barrel or subdivision in barrel form 
 is a legal container for cranberries. 
 
 Par. 3. The tolerance established hereafter for the dimension 
 specified as " distance between heads " shall be applied as follows 
 on the various types of barrels in use : 
 
 (a) When a barrel or subdivision thereof has two heads, the 
 tolerance shall be applied to the distance between the inside sur- 
 faces of the heads and perpendicular to them. 
 
 (b) When a barrel or subdivision thereof has but one head and 
 a croze ring or other means for the insertion of a head, such as an 
 inside hoop, etc., at the opposite end, the tolerance shall be applied 
 to the distance from the inside surface of the bottom head and 
 perpendicular to it to the inside edge of the croze ring, or to a 
 point where the inside surface of a head would come were such 
 head inserted in the barrel. 
 
 (c) When a barrel or subdivision thereof has but one head and 
 no croze ring or other means for the insertion of a head, such as 
 an inside hoop, etc., at the opposite end, the tolerance shall be 
 applied to the distance from the inside surface of the bottom head 
 and perpendicular to it to a point iy 8 inches from the opposite 
 end of the staves in the case of a barrel or a % barrel, and to a point 
 1 inch or % inch from the opposite end of the staves in the case of 
 the y 2 barrel and y 3 barrel, respectively. When a barrel or sub- 
 division thereof has been manufactured with but one head and no 
 
UNITED STATES 23 
 
 croze ring or other means for the insertion of a head at the opposite 
 end, and it is desired to insert a second head, the croze ring shall 
 he so cut that the inside edge shall not be more than V/ 8 inches 
 from the end of the staves in the case of a barrel or % barrel or 
 not more than 1 inch or % inch from the end of the staves in the 
 case of the y 2 barrel and % barrel, respectively, or the other means 
 shall be so adjusted that the inside surface of the head when in- 
 serted shall not exceed these distances from the end of the staves. 
 
 Par. 4. The tolerance established hereafter for the dimension 
 specified as "diameter of head" shall be applied to the diameter 
 of the head over all, including the part which fits into the croze 
 ring of the completed barrel. 
 
 The tolerance established hereafter for the dimension specified 
 as " effective diameter of head " shall be applied as follows on the 
 various types of barrels and subdivisions in use : 
 
 (a) When a barrel or subdivision thereof has two heads, the tol- 
 erance shall be applied to the mean of the average diameters from 
 inside to inside of staves at the inner edges of the heads. 
 
 (b) When a barrel or subdivision thereof has but one head and 
 a croze ring or other means for the insertion of a head at the oppo- 
 site end, the tolerance shall be applied to the mean of the average 
 diameters, one taken from inside to inside of staves at the inner 
 edge of the head, the other from inside to inside of staves at the 
 inner edge of the croze ring, or from inside to inside of staves at a 
 point where the inside surface of a head would come were such head 
 inserted in the barrel. 
 
 (c) When a barrel or subdivision thereof has but one head and 
 no croze ring or other means for the insertion of a head at the 
 opposite end, the tolerance shall be applied to the mean of the 
 average diameters, one taken from inside to inside of staves at 
 the inner edge of the head, the other taken from inside to inside of 
 staves at a point iy 8 inches from the end of the staves in the case of 
 a barrel or % barrel, or at a point 1 inch or % inch from the end of 
 the staves in the case of a y 2 barrel or % barrel, respectively. 
 
 The standard allowance for depth of croze ring shall be -{^ inch. 
 Therefore, the standard " effective diameter of head " in the case of 
 the standard barrel is 16% inches and in the case of the standard 
 cranberry barrel is 15% inches. 
 
 Par. 5. Whenever in these rules and regulations the error on a 
 dimension is mentioned, this error shall be determined by taking the 
 difference between the actual measured dimension and the standard 
 dimension. The error is an error in excess and is to be preceded 
 by a plus sign when the measured dimension is greater than the 
 standard dimension. The error is an error in deficiency and is to 
 be preceded by a minus sign when the measured dimension is less 
 than the standard dimension. 
 
 (a) The standard dimensions of a barrel for fruits, vegetables, 
 and other dry commodities other than cranberries, and of a barrel 
 for cranberries, with which the actual measured dimensions arc to 
 be compared, are as follows : 
 
24 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Dimensions 
 
 Barrel for 
 fruits, vege- 
 tables, and 
 
 other dry 
 commodities 
 other than 
 cranberries 
 
 Barrel for 
 cranberries 
 
 Diameter of head .. 
 
 Effective diameter of head (see par. 4) 
 
 Distance between heads - 
 
 Circumference of bulge, outsido measurement 
 Length of stave — 
 
 Inches 
 
 ny s 
 
 16M 
 26 
 
 64 
 28% 
 
 In'hes 
 1CK 
 
 im 
 
 25M 
 58% 
 
 28% 
 
 (b) In the case of all subdivisions of the barrel for fruits, vege- 
 tables, and other dry commodities other than cranberries, and all 
 subdivisions of the barrel for cranberries, the following dimensions 
 hereby standardized for the purpose of the application of 
 
 are 
 
 tolerances, and the actual measured dimensions are to be compared 
 with these: 
 
 Subdivisions of barrel for fruits, vegetables, and other dry commodities other 
 
 than cranberries 
 
 Dimensions 
 
 % barrel 
 
 % barrel 
 
 % barrel 
 
 Effective diameter of head (see par. 4) 
 
 Inches 
 15% 
 23'/3 
 58% 
 
 Inches 
 
 13% 
 
 20% 
 51% 
 
 Inches 
 11% 
 
 
 18 
 
 Circumference of bulge, outside measurement _ 
 
 45% 
 
 
 
 Subdivision's of barrel for cranberries 
 
 Dimensions 
 
 % barrel 
 
 % barrel 
 
 % barrel 
 
 Effective diameter of head (see par. 4) 
 
 Inches 
 
 23 
 
 53% 
 
 Inches 
 12% 
 20 
 47 
 
 Inches 
 11 
 
 Distance between heads.. . 
 
 17% 
 
 Circumference of bulge, outside measurement 
 
 41% 
 
 
 
 Par. 6. For the purpose of the application of tolerances, barrels 
 for fruits, vegetables, and other dry commodities other than cran- 
 berries, are hereby divided into two classes as follows: 
 
 Class 1 shall include (a) all barrels no dimension of which is in 
 error by more than the following amounts, and (b) all barrels one 
 or more of the dimensions of which are in error by more than the 
 following amounts, and which in addition have no dimension in 
 error in the opposite direction: 
 
 Error, inches 
 
 Effective diameter of head % 
 
 Distance between heads % 
 
 Circumference of bulge, outside measurement 1% 
 
 Class 2 shall include all barrels at least one dimension of which 
 is in error by more than the amounts given above, but which in 
 addition have at least one dimension in error in the opposite direc- 
 tion. (This class includes all barrels mentioned in section 1 of 
 the law in the proviso reading: "Provided, That any barrel of a 
 
UNITED STATES 25 
 
 different form having a capacity of seven thousand and fifty-six 
 cubic inches shall be a standard barrel.") 
 
 Par. 7. (a) The tolerances to be allowed in excess or in deficiency 
 on the dimensions of all barrels of class 1 shall be as follows : 
 
 Tolerance, inches 
 
 Diameter of head % 
 
 Effective diameter of head % 
 
 Distance between heads % 
 
 Circumference of bulge, outside measurement 1% 
 
 Length of stave % 
 
 If no dimension of a barrel of class 1 is in error by more than the 
 tolerance given above, then the barrel is within the tolerance allowed. 
 
 If one or more of the dimensions of a barrel of class 1 is in error 
 by more than the tolerance given above, then the barrel is not within 
 the tolerance allowed. 
 
 (5) The tolerance to be allowed in excess or in deficiency on all 
 barrels of class 2 shall be 1% inches (1.5 inches), and this tolerance 
 is to be applied to the result obtained by the application of the fol- 
 lowing rule: 
 
 Having determined the errors of each dimension and given to each 
 its proper sign (see par. 5), add the errors on the effective diameter 
 of head and the distance between heads algebraically and multiply 
 the result by 1.67 (or 5/3). Then add this result to the error on the 
 circumference of bulge algebraically. If the result obtained is not 
 greater than the tolerance given above, then the barrel is within 
 the tolerance allowed; if the result is greater than this tolerance, 
 then the barrel is not within the tolerance allowed. 
 
 Note. — To And the algebraic sum of a number of quantifies having different 
 signs, first add all those having one sign ; then arid all those having the opposite 
 sign ; then subtract the smaller sum from the larger, giving this result the sign 
 of the larger quantity. 
 
 (<?) The tolerance to be allowed in excess or in deficiency on the 
 dimensions of all barrels for cranberries shall be as follows: 
 
 Tolerance, inches 
 
 Diameter of head % 
 
 Effective diameter of hear! % 
 
 Distance between heads % 
 
 Circumference of bulge, outside measurement 1% 
 
 Length of stave % 
 
 If no dimension of a barrel for cranberries is in error by more 
 than the tolerance given above, then the barrel is within the toler- 
 ance allowed. 
 
 If one or more of the dimensions of a barrel for cranberries is in 
 error by more than the tolerance given above, then the barrel is not 
 within the tolerance allowed. 
 
 (d) The tolerances to be allowed in excess or in deficiency on all 
 subdivisions of the standard barrel for fruits, vegetables, and other 
 dry commodities other than cranberries, and on all subdivisions of 
 the standard barrel for cranberries, shall be the values given in the 
 following table, and these tolerances are to be applied to the result 
 obtained by the application of the following rule : 
 
 Having determined the errors on each dimension and given to 
 each its proper sign (see par. 5), add the errors on the effective 
 diameter of head and the distance between heads algebraically and 
 
26 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 multiply the result by 1.67 (or 5/3). Then add this result to the 
 error on the circumference of bulge ^ algebraically. If the result 
 obtained is not greater than the tolerance given in the following 
 (able for the proper subdivision, then the barrel is within the toler- 
 ance allowed; if the result is greater than this tolerance, then the 
 barrel is not within the tolerance allowed. 
 
 Size of subdivision 
 
 Tolerance 
 
 For fruits, 
 vegetables, 
 and other 
 dry com- 
 modities 
 
 For cran- 
 berries 
 
 % barrel 
 % barrel 
 }4 barrel 
 
 Inches 
 
 m (1-375) 
 1M (1.25) 
 IH (1.125) 
 
 Inches 
 IK (1-25) 
 
 m d-125) 
 
 1 (1.00) 
 
 Note. — -The above rules and regulations refer entirely to individual barrels, 
 and no separate tolerance has been placed on the average content of a number 
 of barrels taken at random from a shipment. It is not believed that barrels 
 can be so made as to take advantage of the tolerances, and, of course, no 
 attempt should be made to do this. It is, therefore, expected that as many 
 barrels will be above as below the standai-d capacity. Investigations will be 
 conducted during the present shipping season for the purpose of ascertaining 
 whether this expectation is fulfilled. If it is not, then additional regulations 
 will be issued in the future governing this matter. 
 
 39 Stat., ch. 396, p. 530. 
 
 Sec. 1 (1916). Lime barrels; standard sizes established. — That there 
 is hereby established a large and a small barrel of lime, the large 
 barrel to consist of two hundred and eighty pounds and the small 
 barrel to consist of one hundred and eighty pounds, net weight. 
 
 Sec. 2. Sales in interstate and foreign commerce without specified mark- 
 ing, unlawful. — That it shall be unlawful for any person to sell or 
 offer for sale lime imported in barrels from a foreign country, or 
 to sell or offer for sale lime in barrels for shipment from any State 
 or Territory or the District of Columbia, to any other State or 
 Territory or the District of Columbia, unless there shall be stenciled 
 or otherwise clearly marked on one or both heads of the small barrel 
 the figures " 180 lbs. net " and of the large barrel the figures " 280 
 lbs. net " before the importation or shipment, and on either barrel 
 in addition the name of the manufacturer of the lime and where 
 manufactured, and, if imported, the name of the country from 
 which it is imported. 
 
 Sec. 3. Fractional parts of small barrel; marking required. — When 
 lime is sold in interstate or foreign commerce in containers of less 
 capacity than the standard small barrel, it shall be sold in fractional 
 parts of said standard small barrel, and the net weight of lime 
 contained in such container shall by stencil or otherwise be clearly 
 marked thereon, together with the name of the manufacturer thereof, 
 and the name of the brand, if any, under which it is sold, and, if 
 imported, the name of the country from which it is imported. 
 
 Sec. 4. Regulations, etc., to be made; variations allowed. — That rules 
 and regulations for the enforcement of this act, not inconsistent with 
 the provisions of the act, shall be made by the Director of the 
 
UNITED STATES 27 
 
 Bureau of Standards and approved by the Secretary of Commerce, 
 and that such rules and regulations shall include reasonable varia- 
 tions or tolerances which may be allowed. 
 
 Sec. 5. Interstate shipments unmarked, etc., unlawful; when less than 
 standard; penalty. — That it shall be unlawful to pack, sell, or offer 
 for sale for shipment from any State or Territory or the District 
 of Columbia to any other State or Territory or the District of 
 Columbia, any barrels or other containers of lime which are not 
 marked as provided in sections two and three of this act, or to sell, 
 charge for, or purport to deliver from any State or Territory or 
 the District of Columbia to any other State or Territory or the 
 District of Columbia, as a large or small barrel or a fractional part 
 of said small barrel of lime, any less weight of lime than is estab- 
 lished by the provisions of this act; and any person guilty of a 
 violation of the provisions of this act shall be deemed guilty of a 
 misdemeanor and be liable to a fine not exceeding $100. 
 
 Sec. 6. Prosecutions. — That it shall be the duty of each district 
 attorney, to whom satisfactory evidence of any violation of this act 
 is presented, to cause appropriate proceedings to be commenced and 
 prosecuted in the United States court having jurisdiction of such 
 offense: Provided, however, That the penal provisions of this act 
 shall not take effect until January first, nineteen hundred and 
 seventeen. 
 
 Circular No. 64, Bureau of Standards, Rules and Regulations for the 
 Enforcement of the Lime-Barrel Act, Issued, Apr. 20, 1917. 
 
 In accordance with the provisions of section 4 of the act to 
 standardize lime barrels (39 Stat., ch. 396, p. 530), approved August 
 23, 1916, there are hereby promulgated rules and regulations for 
 the enforcement of this act, made by the Director of the Bureau of 
 Standards and approved by the Secretary of Commerce. 
 
 Paragraph 1. The act, * * * entitled "An act to standardize 
 lime barrels," shall be known and referred to as the " Standard lime- 
 barrel act." 
 
 Par. 2. These rules and regulations are' to be understood and con- 
 strued to apply to lime in barrels, or other containers packed, sold, 
 or offered for sale for shipment from any State or Territory or the 
 District of Columbia to any other State or Territory or the District 
 of Columbia; and to lime in containers of less capacity than the 
 standard small barrel sold in interstate or foreign commerce; and 
 to lime imported in barrels from a foreign country and sold or 
 offered for sale; also to lime not in barrels or containers of less 
 capacity than the standard small barrel, sold, charged for, or pur- 
 ported to be delivered as a large or small barrel or a fractional part 
 of said small barrel of lime, from any State or Territory or the 
 District of Columbia to any other State or Territory or the District 
 of Columbia. 
 
 Par. 3. Lime in barrels shall be packed only in barrels containing 
 280 pounds or 180 pounds, net weight. For the purposes of this 
 paragraph the word " barrel " is defined as a cylindrical or approxi- 
 mately cylindrical vessel, cask or drum. 
 
 Par. 4. The term "container of less capacity than the standard 
 small barrel," as mentioned in section 3 of the law and as used in 
 
28 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 these rules and regulations, is defined as any container not in barrel 
 form containing therein a net weight of lime of less than 180 pounds. 
 
 The term " label " as used in these rules and regulations is defined 
 as any printed, pictorial, or other matter upon the surface of a 
 barrel or other container of lime subject to the provisions of this 
 act, or upon cloth or paper or the like which is permanently affixed 
 to it by pasting or in a similar manner. 
 
 The term " tag " is defined as a tough and strong strip of cloth 
 or paper or the like, bearing any printed, pictorial, or other matter, 
 which is loose at one end and which is secured to a container of lime 
 subject to the provisions of this act. 
 
 Par. 5. (a) The lettering required upon barrels of lime by section 
 2 of the law shall be as follows : The statement of net weight shall be 
 in boldface capital letters and figures at least 1 inch in height and not 
 expanded or condensed; it shall be clear, legible, and permanent, 
 and so placed with reference to the other lettering that it is con- 
 spicuous. The name of the manufacturer of the lime and where 
 manufactured, and, if imported, the name of the country from which 
 it is imported, shall be in boldface letters at least one-half inch in 
 height and not expanded or condensed, and shall be clear, legible, 
 conspicuous, and permanent. None of these letters and figures shall 
 be superimposed upon each other, nor shall any other characters be 
 superimposed upon the required lettering or otherwise obscure it. 
 All the above statements shall form parts of the principal label. 
 
 (b) The information required upon containers of lime of less 
 capacity than the standard small barrel by section 3 of the law shall 
 be included in a label: Provided, however, That in order to allow 
 the utilization of secondhand or returnable bags made of cloth, 
 burlap, or the like, such information may be upon a tag firmly 
 attached to the container in a prominent and conspicuous position. 
 In case a tag is used to give the required information there must 
 not be any label or another tag upon the container which bears any 
 statement having reference to lime, or any statement of weight 
 whatever, which is not identical with the information upon the tag 
 mentioned above; if a container is to be utilized which bears any 
 such inaccurate information upon a label, such container shall be 
 turned inside out or such information shall be obliterated in so far 
 as it is inaccurate by blotting out the letters or figures; or if such 
 inaccurate information is upon a tag, by removing such tag. 
 
 If the required lettering is upon a label, the statement of net 
 weight shall be in boldface capital letters and figures at least three- 
 fourths inch in height and not expanded or condensed; it shall be 
 clear, legible, and permanent, and so placed with reference to the 
 other lettering that it is conspicuous. The word " net " shall form 
 part of the statement of weight. The name of the manufacturer of 
 the lime and the name of the brand, if any, under which it is sold, 
 and, if imported, the name of the country from which it is imported, 
 shall be in boldface letters at least one-half inch in height and not 
 expanded or condensed, and shall be clear, legible, conspicuous, and 
 permanent. None of these letters and figures shall be superimposed 
 upon each other, nor shall any other characters be superimposed 
 upon the required lettering or otherwise obscure it. All the above 
 statements shall form parts of the principal label. 
 
UNITED STATES 29 
 
 If the required lettering is upon a tag, the statement of net weight 
 shall be in boldface capital letters and figures not less than one-half 
 the height of the largest letters or figures used upon such tag : Pro- 
 vided, however, That in every case they shall be not less than one- 
 eighth inch in height (12-point capitals), and not expanded or con- 
 densed. The word "net" shall form part of the statement of 
 weight. The statement shall be clear, legible, and permanent, and so 
 placed with reference to the other lettering that it is conspicuous. 
 The name of the manufacturer of the lime, and the name of the 
 brand, if any, under which it is sold, and, if imported, the name of 
 the country from which it is imported, shall be in boldface letters 
 and figures not less than one-eighth inch in height (12-point capi- 
 tals), and not expanded or condensed, and shall be clear, legible, 
 conspicuous, and permanent. None of these letters and figures shall 
 be superimposed upon each other nor shall any other characters be 
 superimposed upon the required lettering or otherwise obscure it. 
 All the above statements shall be included upon the same side of the 
 
 ta s- 
 
 (c) In case the lime is actually packed in barrels or in containers 
 of less capacity than the standard small barrel by some person other 
 than the manufacturer of the lime, the information mentioned above 
 must be given in the manner there described, and in addition there 
 must be a statement to this effect : " Packed by " (giv- 
 ing the name and address of the packer). This statement shall be in 
 letters not smaller than is specified for the general statement re- 
 quired in the case of barrels and containers of less capacity than the 
 standard small barrel, respectively (see (a) and (b) above) ; it shall 
 not be obscured and shall form part of the principal label or be upon 
 the same side of the tag as in those cases provided. 
 
 (d) In the case of all lime sold in barrels, the actual place of manu- 
 facture of the lime shall be stated on the barrel. In general, this 
 will be the name of the post office nearest or most accessible to the 
 plant. However, when the actual place of manufacture of the iime 
 and the offices of the company are separated but are within the 
 boundaries of the same county of a State, or when, though not within 
 the boundaries of the same county they are so close together that the 
 post-office address of the offices represents substantially and to all 
 intents and purposes the actual place of manufacture of the lime, 
 then the post-office address of the offices of the company will be suffi- 
 cient: Provided, however, That the address given shall always cor- 
 rectly show the State in which the lime is actually manufactured. 
 
 More than one place of manufacture of a manufacturer shall not 
 be shown on the same barrel unless the one at which the particular 
 lime in question is manufactured is pointed out. 
 
 If the location of the home offices is stated and this is not the piace 
 of manufacture within the meaning of the above definition, an addi- 
 tional statement must be included to this effect : " Manufactured at 
 " (giving the location of the plant). 
 
 Par. 6. (a) When lime is packed in barrels the tolerance to be 
 allowed on the large barrel or the small barrel of lime shall be 5 
 pounds in excess or in deficiency on any individual barrel : Pro- 
 vided, however, That the average error on 10 barrels of the same 
 nominal weight and packed by the same manufacturer shall in no 
 case be greater than 2 pounds in excess or in deficiency. In case 
 
30 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 all the barrels available are not weighed, those which are weighed 
 shall be selected at random. 
 
 (b) When lime is packed in containers of less capacity than the 
 standard small barrel, the tolerance to be allowed in excess or in 
 deficiency on individual containers of various weights, shall be the 
 values given in the column headed "Tolerance on individual pack- 
 age," of the following table : Provided, however, That the average 
 error on 10 containers of the same nominal weight and packed by 
 the same manufacturer shall in no case be greater than the values 
 given in the column headed "Tolerance on average weight," of the 
 following table. In case all the containers available are not weighed, 
 those which are weighed shall be selected at random. 
 
 Weight of package 
 
 Tolerance 
 on indi- 
 vidual 
 package 
 
 Tolerance 
 on aver- 
 age 
 weight 
 
 Not greater than 50 pounds 
 
 More than 50 pounds and not greater than 100 pounds... 
 More than 1C0 pounds and not greater than 150 pounds. 
 More than 150 pounds and less than 180 pounds 
 
 Pounds 
 
 2 
 3 
 4 
 
 Pounds 
 % 
 % 
 M 
 
 m 
 
 (c) When lime in bulk is sold, charged for, or purported to be 
 delivered as a definite number of large or small barrels, the toler- 
 ance to be allowed in excess or in deficiency on such amounts of 
 lime shall be 15 pounds per 1800 pounds (10 small barrels), or 25 
 pounds per 2800 pounds (10 large barrels). 
 
 39 Stat., ch. 426, p. 673. 
 
 Sec. 1 (1916). Climax fruit baskets, etc.; standards established; two- 
 quart baskets; four-quart baskets; twelve-quart baskets. — That stand- 
 ards for Climax baskets for grapes and other fruits and vegetables 
 shall be the two-quart basket, four-quart basket, and twelve-quart 
 basket, respectively : 
 
 (a) The standard two-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, nine and one-half inches; 
 width of bottom piece, three and one-half inches; thickness of bot- 
 tom piece, three-eighths of an inch ; height of basket, three and seven- 
 eighths inches, outside measurement; top of basket, length eleven 
 inches and width five inches, outside measurement. Basket to have 
 a cover five by eleven inches, when a cover is used. 
 
 (b) The standard four-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, twelve inches; width of 
 bottom piece, four and one-half inches; thickness of bottom piece, 
 three-eighths of an inch ; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches, 
 width six and one-fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used. 
 
 (c) The standard twelve-quart Climax basket shall be of the fol- 
 lowing dimensions: Length of bottom piece, sixteen inches; width 
 of bottom piece, six and one-half inches; thickness of bottom piece, 
 seven-sixteenths of an inch ; height of basket, seven and one-sixteenth 
 
UNITED STATES 31 
 
 inches, outside measurement; top of basket, length nineteen inches, 
 width nine inches, outside measurement. Basket to have cover nine 
 inches by nineteen inches, when cover is used. 
 
 Sec. 2. Smaller baskets for fruits, berries, and vegetables; capacities. — 
 That the standard basket or other container for small fruits, berries, 
 and vegetables shall be of the following capacities, namely, dry one- 
 half pint, dry pint, dry quart, or multiples of the dry quart. 
 
 (a) The dry half pint shall contain sixteen and eight-tenths cubic 
 inches., 
 
 (5) The dry pint shall contain thirty -three and six-tenths cubic 
 inches. 
 
 (c) The dry quart shall contain sixty-seven and two-tenths cubic 
 inches. 
 
 Sec. 3. Interstate shipments, etc., not conforming to standards, unlaw- 
 ful; penalty; proviso; foreign shipments not affected. — That it shall be 
 unlawful to manufacture for shipment, or to sell for shipment, or to 
 ship from any State or Territory of the United States or the District 
 of Columbia to any other State or Territory of the United States or 
 the District of Columbia, any Climax baskets or other containers for 
 small fruits, berries, or vegetables, whether filled or unfilled, which 
 do not conform to the provisions of this act ; and any person guilty 
 of a willful violation of any of the provisions of this act shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof shall 
 be fined in any sum not exceeding $25: Provided, That nothing 
 herein contained shall appty to the manufacture, sale, or shipment of 
 Climax baskets, baskets, or other containers for small fruits, berries, 
 and vegetables when intended for export to foreign countries when 
 such Climax baskets, baskets, or other containers for small fruits, 
 berries, and vegetables accord Avith the specifications of the foreign 
 purchasers or comply with the law of the country to which shipment 
 is made or to be made. 
 
 Sec. 4. Tests, etc., by Department of Agriculture ; rules, etc. — That the 
 examination and test of Climax baskets, baskets, or other containers 
 for small fruits, berries, and vegetables, for the purpose of determin- 
 ing whether such baskets or other containers comply with the pro- 
 visions of this act, shall be made by the Department of Agriculture, 
 and the Secretary of Agriculture shall establish and promulgate 
 rules and regulations allowing such reasonable tolerances and varia- 
 tions as may be found necessary. 
 
 Sec. 5. Prosecution of violations. — That it shall be the duty of each 
 district attorney, to whom satisfactory evidence of any violation of 
 the act is presented, to cause appropriate proceedings to be com- 
 menced and prosecuted in the proper court of the United States for 
 the enforcement of the penalties as in such case herein provided. 
 
 Sec. 6. Immunity under guaranty from purchaser; contents of guar- 
 anty. — That no dealer shall be prosecuted under the provisions of this 
 act when he can establish a guaranty signed by the manufacturer, 
 wholesaler, jobber, or other party residing within the United States 
 from whom such Climax baskets, baskets, or other containers, as 
 defined in this act, were purchased, to the effect that said Climax 
 baskets, baskets, or other containers, are correct within the meaning 
 of this act. Said guaranty, to afford protection, shall contain the 
 name and address of the party or parties making the sale of Climax 
 517—26 3 
 
32 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 baskets, baskets, or other containers to such dealer, and in such case 
 said party or parties shall be amenable to the prosecutions, fines, and 
 other penalties which would attach in due course to the dealer under 
 the provisions of this act. 
 
 IT. S. Department of Agriculture, Circular No. 76, Rules and Regulations 
 of the Secretary of Agriculture under the United States Standard 
 Container Act, Promulgated, Sept. 12, 1917. 
 
 Regulation 1. Definitions. — Section 1. Words used in these regu- 
 lations in the singular form shall be deemed to import the plural, 
 and vice versa, as the case may demand. 
 
 Sec. 2. For the purposes of these regulations, unless the context 
 otherwise require, the following terms shall be construed, respec- 
 tively, to mean — 
 
 Paragraph 1. Standard container act. — The act entitled "An act to 
 fix standards for Climax baskets for grapes and other fruits and 
 vegetables, and to fix standards for baskets and other containers for 
 small fruits, berries, and vegetables, and for other purposes," ap- 
 proved August 31, 1916 (39 U. S. Stat. L., p. 673). 
 
 Paragraph 2. Containers. — Climax baskets for grapes and other 
 fruits and vegetables, and baskets or other containers for small 
 fruits, berries, and vegetables. 
 
 Regulation 2. Tolerances and variations. — Section 1. For the purpose 
 of ascertaining whether a container is within the tolerances and 
 variations as to capacity allowed by these regulations it shall be 
 tested by the use of a dry measure, of the statndard capacity ap- 
 plicable to such container, approved by the Bureau of Standards 
 of the United States Department of Commerce. Such test shall 
 be made with rape seed or other medium giving equivalent results. 
 The capacity of the container shall be determined by stricken meas- 
 ure; only the actual capacity when level full shall be considered, 
 and such portion of the contents as may be heaped above the level 
 of the top of the sides shall be disregarded, notwithstanding any 
 raised cover which might permit the extension upwards of the 
 contents. In making such test both the container to be tested and 
 the measure of standard capacity by the use of which it is to be 
 tested shall be filled with the testing medium, in the same manner 
 and under the same conditions, by means of a hopper of the type 
 customarily employed for the same purpose in State and Federal 
 laboratories. 
 
 Sec. 2. Paragraph 1 : As prescribed in this section, the following 
 tolerances and variations in the capacities of containers are found to 
 be reasonable and necessary and are hereby allowed. 
 
 Paragraph 2 : The excess or deficiency in capacity of any container, 
 over or under the capacity prescribed for such container in the 
 standard container act, as specified below in the column designated 
 " Standard capacity," may be as much as, but not greater than, the 
 amount stated in cubic inches in the same line in the column desig- 
 nated " Excess " or " Deficiency," as the case may be ; but, among any 
 lot of containers which are not all of the standard capacity prescribed 
 for such containers by the standard container act, the number over 
 shall be as nearly equal as may be practical to the number under such 
 standard capacity, within the tolerances and variations allowed there- 
 for in this section. 
 
UNITED STATES 
 
 33 
 
 1 bushel. 
 14 bushel 
 12 quarts 
 
 1 peck.... 
 Y-i peck... 
 
 2 quarts.. 
 1 quart.. 
 
 1 pint 
 
 J^pint.. 
 
 Cubicinches 
 
 SO 
 
 30 
 
 23 
 
 16 
 
 10 
 
 5 
 
 3 
 
 2 
 
 1 
 
 Cubic inches 
 30 
 18 
 15 
 10 
 
 8 
 
 2 
 
 Paragraph 3 : In case of a container having a capacity to which a 
 standard is applicable which is not specified in the column headed 
 " Standard capacity " in the foregoing table, the excess or the defici- 
 ency allowed shall be that permitted for the next smaller standard 
 capacity specified in the table, but this shall not apply to containers 
 for which variations and tolerances shall be permitted and estab- 
 lished under the act entitled "An act to fix the standard barrel for* 
 fruits, vegetables, and other dry commodities," approved March 
 4, 1915 (38 U. S. Stat. L., p. 1186), when such variations and toler- 
 ances become effective. 
 
 Sec. 3. Paragraph 1 : As prescribed in this section, the following 
 tolerances and variations in dimensions of Climax baskets for grapes 
 and other fruits and vegetables are found to be reasonable and neces- 
 sary and are hereby allowed, subject, however, to the tolerances and 
 variations in capacity allowed in section 2 of these regulations. 
 
 Paragraph 2: The excess or deficiency in any dimension specified 
 below in the column designated " Dimensions," over or under the 
 measurement prescribed for such dimension in section 1 of the 
 standard container act, may be as much as, but not greater than, 
 the amount specified opposite such dimension in the column desig- 
 nated " Excess " or " Deficiency," as the case may be. 
 
 
 Tolerances and 
 variations 
 
 Dimensions 
 
 Excess 
 
 Defi- 
 ciency 
 
 Length of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket 
 
 Inches 
 Yi 
 
 y» 
 y» 
 
 y*. 
 
 Inches 
 
 y s 
 
 s 
 
 Width of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket 
 
 Thickness of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket 
 
 Height of 2-quart, 4-quart, or 12-quart Climax basket, outside measurement 
 
 % 
 
 Length of cover of 2-quart, 4-quart, or 12-quart Climax basket 
 
 y» 
 
 Width of cover of 2-quart, 4-quart, or 12-quart Climax basket... 
 
 ys 
 
 Combined length and width of top of 2-quart Climax basket, outside measurement.. 
 Combined length and width of top of 4-quart Climax basket, outside measurement.. 
 Combined length and width of top of 12-quart Climax basket outside measurement.. 
 
 14 
 
 39 Stat, ch. 313, p. 446. 
 
 Sec. 1 (1916). Title declared. — That this act shall be known by the 
 short title of " United States warehouse act." 12 
 
 u Regulations have been Issued by the Secretary of Agriculture under the authority of 
 this act. 
 
34 IAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 2, as amended by act of February 23, 1923. Terms construed; 
 warehouse ; person ; warehouseman ; receipt. — That the term " ware- 
 house" as used in this act shall be deemed to mean every building, 
 structure, or other protected inclosure in which any agricultural 
 product is or may be stored for interstate or foreign commerce, or, if 
 located within any place under the exclusive jurisdiction of the 
 United States, in which any agricultural product is or may be stored. 
 As used in this act, " person " includes a corporation or partnership 
 or two or more persons having a joint or common interest; "ware- 
 houseman " means a person lawfully engaged in the business of stor- 
 ing agricultural products ; and " receipt " means a warehouse receipt. 
 
 Sec. 3. Investigation, etc., of warehouses. — That the Secretary of 
 Agriculture is authorized to investigate the storage, warehousing, 
 classifying according to grade and otherwise, weighing, and certifi- 
 cation of agricultural products ; * * *. 
 
 Sec. 11, as amended by act of February 23, 1923. Licenses to inspectors, 
 samplers, classifiers, and weighers of products; conditions. — That the 
 Secretary of Agriculture may upon presentation of satisfactory proof 
 of competency, issue to any person a license to inspect, sample or 
 classify any agricultural product or products, stored or to be stored 
 in a warehouse licensed under this act, according to condition, grade 
 or otherwise, and to certificate the condition, grade or other class 
 thereof, or to weigh the same and certificate the weight thereof, or 
 both to inspect, sample or classify and weigh the same and to certifi- 
 cate the condition, grade or other class and the weight thereof, upon 
 condition that such person agree to comply with and abide by the 
 terms of this act and of the rides and regulations prescribed here- 
 under so far as the same relate to him. 
 
 Sec. 12, as amended by act of February 23, 1923. Suspension or revoca- 
 tion of licenses. — That any license issued to any person to inspect, 
 sample or classify or to weigh any agricultural product or products 
 under this act may be suspended or revoked by the Secretary of Agri- 
 culture whenever he is satisfied, after opportunity afforded to the 
 licensee concerned for a hearing, that such licensee has failed to 
 inspect, sample, or classify or to weigh any agricultural product or 
 products correctly, or has violated any of the provisions of this act 
 or of the rules and regulations prescribed hereunder, so far as the 
 same may relate to him, or that he has used his license or allowed it 
 to be used for any improper purpose whatever. Pending investiga- 
 tion, the Secretary of Agriculture, whenever he deems necessary, may 
 suspend a license temporarily without hearing. 
 
 Sec. 18, as amended by act of July 24, 1919. Contents of receipt. — 
 That every receipt issued for agricultural products stored in a ware- 
 house licensed under this act shall embody within its written or 
 printed terms * * * (/) a description of the agricultural prod- 
 ucts received, showing the quantity thereof, or, in case of agricultural 
 products customarily put up in bales or packages, a description of 
 such bales or packages by marks, numbers, or other means of identi- 
 fication and the weight of such bales or packages ; * * *. 
 
 Sec. 29, as amended by act of February 23, 1923. State laws not im- 
 paired; cooperation with State authorities; operation of present laws. — 
 That nothing in this act shall be construed to conflict with, or to 
 authorize any conflict with, or in any way to impair or limit the 
 
UNITED STATES 35 
 
 effect or operation of the laws of any State relating to warehouses, 
 warehousemen, weighers, graders, inspectors, samplers or classifiers; 
 but the Secretary of Agriculture is authorized to cooperate with such 
 officials as are charged with the enforcement of such State laws in 
 such States and through such cooperation to secure the enforcement 
 of the provisions of this act ; nor shall this act be construed so as to 
 limit the operation of any statute of the United States relating to 
 warehouses or warehousemen, weighers, graders, inspectors, samplers, 
 or classifiers now in force in the District of Columbia or in any Terri- 
 tory or other place under the exclusive jurisdiction of the United 
 States. 
 
 39 Stat., ch. 415, p. 538. 
 
 Sec. 1 (1916). Bills of lading; issued in interstate and foreign com- 
 merce governed thereby. — That bills of lading issued by any common 
 carrier for the transportation of goods in any Territory of the 
 United States, or the District of Columbia, or from a place in a 
 State to a place in a foreign country, or from a place in one State to 
 a place in another State, or from a place in one State to a place in 
 the same State through another State or foreign country, shall be 
 governed by this act. 
 
 Sec. 20. Responsibility for goods ; when loaded by carrier. — That when 
 goods are loaded by a carrier such carrier shall count the packages 
 of goods, if package freight, and ascertain the kind and quantity if 
 bulk freight, and such carrier shall not, in such cases, insert in the 
 bill of lading or in any notice, receipt, contract, rule, regulation, or 
 tariff, " Shipper's weight, load, and count," or other words of like 
 purport, indicating that the goods were loaded by the shipper and 
 the description of them made by him or in case of bulk freight and 
 freight not concealed by packages the description made by him. If 
 so inserted, contrary to the provisions of this section, said words 
 shall be treated as null and void and as if not inserted therein. 
 
 Sec. 21. Loaded by shipper in packages or bulk; effect of shipper's 
 weight, load, and count; proviso; responsibility when shipper affords 
 weighing facilities. — That when package freight or bulk freight is 
 loaded by a shipper and the goods are described in a bill of lading 
 merely by a statement of marks or labels upon them or upon packages 
 containing them, or by a statement that the goods are said to be 
 goods of a certain kind or quantity, or in a certain condition, or it 
 is stated in the bill of lading that packages are said to contain goods 
 of a certain kind or quantity or in a certain condition, or that the 
 contents or condition of the contents of packages are unknown, oi 
 words of like purport are contained in the bill of lading, such state- 
 ments, if true, shall not make liable the carrier issuing the bill of 
 lading, although the goods are not of the kind or quantity or in the 
 condition which the marks or labels upon them indicate, or of the 
 kind or quantity or in the condition they were said to be by the con- 
 signor. The carrier may also by inserting in the bill of lading the 
 words " Shipper's weight, load, and count," or other words of like 
 purport indicate that the goods were loaded by the shipper and the 
 description of them made by him ; and if such statement be true, the 
 carrier shall not be liable for damages caused by the improper load- 
 ing or by the nonreceipt or by the misdescription of the goods 
 described in the bill of lading : Provided, however, Where the ship- 
 
36 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 per of bulk freight installs and maintains adequate facilities for 
 weighing such freight, and the same are available to the carrier, 
 then the carrier, upon written request of such shipper and when 
 given a reasonable opportunity so to do, shall ascertain the kind 
 and quantity of bulk freight within a reasonable time after such 
 written request, and the carriers shall not in such cases insert in the 
 bill of lading the words " Shipper's weight," or other words of like 
 purport, and if so inserted contrary to tlje provisions of this section, 
 said words shall be treated as null and void and as if not inserted 
 therein. 
 
 42 Stat., ch. 64, p. 159. 
 
 Sec. 1 (1921). Title of act. — This act may be cited as the "packers 
 and stockyards act, 1921." 
 
 Sec. 2. Terms defined. — (a) When used in this act — (2) The term 
 " Secretary " means the Secretary of Agriculture. 
 
 ******* 
 
 Sec. 301. Terms construed; "stockyard services." — When used in this 
 act — (&) The term "stockyard services" means services or facilities 
 furnished at a stockyard in connection with the * * * weigh- 
 ing * * * of livestock; 
 
 ******* 
 
 Sec. 302. "Stockyard"; public character, etc., specified; smaller areas 
 not included. — (a) When used in this title the term "stockyard" 
 means any place, establishment, or facility commonly known as stock- 
 yards, conducted or operated for compensation or profit as a public 
 market, consisting of pens, or other inclosures, and their appur- 
 tenances, in which live cattle, sheep, swine, horses, mules, or goats 
 are received, held, or kept for sale or shipment in commerce. This 
 title shall not apply to a stockyard of which the area normally 
 available for handling livestock, exclusive of runs, alleys, or passage 
 ways, is less than twenty thousand square feet. 
 
 Sec. 304. Facilities to be furnished. — It shall be the duty of every 
 stockyard owner and market agency to furnish upon reasonable 
 request, without discrimination, reasonable stockyard services at 
 such stockyard. 
 
 Sec. 307. Regulations and practices affecting stockyard services. — It 
 shall be the duty of every stockyard owner and market agency to 
 establish, observe, and enforce just, reasonable, and nondiscriminatory 
 regulations and practices in respect to the furnishing of stockyard 
 services, and every unjust, unreasonable, or discriminatory regulation 
 or practice is prohibited and declared to be unlawful. 
 
 Sec. 308. Penalty. — (a) If any stockyard owner, market agency, 
 or dealer violates any of the provisions of sections 304 * * * or 
 307, or of any order of the Secretary made under this title, he shall 
 be liable to the person or persons injured thereby for the full amount 
 of damages sustained in consequence of such violation. 
 
 ******* 
 
 Sec. 310. Orders affecting stockyard services. — Whenever * * * 
 after full hearing under an order for investigation and hearing 
 made by the Secretary on his own initiative, * * * the Secre- 
 tary is of the opinion that any rate, charge, regulation, or practice 
 
UNITED STATES 37 
 
 of a stockyard owner or market agency, for or in connection with 
 the furnishing of stockyard services, is or will be unjust, unreason- 
 able, or discriminatory, the Secretary — 
 
 (a) May determine and prescribe * * * what regulation or 
 practice is or will be just, reasonable, and nondiscriminatory to be 
 thereafter followed ; and 
 
 (b) May make an order that such owner or operator * * * 
 shall conform to and shall observe the regulation or practice so 
 prescribed. 
 
 Sec. 311. Livestock not in commerce; practices prescribed by Secre- 
 tary. — Whenever in any investigation under the provisions of this 
 title, or in any investigation instituted by petition of the stockyard 
 owner or market agency concerned, which petition is hereby author- 
 ized to be filed, the Secretary after full hearing finds that any rate, 
 charge, regulation, or practice of any stockyard owner or market 
 agency, for or in connection with the * * * weighing, * * * 
 not in commerce, of livestock, causes any undue or unreasonable 
 advantage, prejudice, or preference as between persons or localities 
 in intrastate commerce in livestock on the one hand and interstate 
 or foreign commerce in livestock on the other hand, or any undue, 
 unjust, or unreasonable discrimination against interstate or foreign 
 commerce in livestock, which is hereby forbidden and declared to be 
 unlawful, the Secretary shall prescribe the rate, charge, regulation, 
 or practice thereafter to be observed, in such manner as, in his 
 judgment, will remove such advantage, preference, or discrimina- 
 tion. Such rates, charges, regulations, or practices shall be observed 
 while in effect by the stockyard owners or market agencies parties 
 to such proceeding affected thereby, the law of any State or the deci- 
 sion or order of any State authority to the contrary notwithstanding. 
 
 Sec. 312. Unfair, etc., practices unlawful; orders to cease from viola- 
 tions. — (a) It shall be unlawful for any stockyard owner, market 
 agency, or dealer to engage in or use any unfair, unjustly dis- 
 criminatory, or deceptive practice or device in connection with the 
 * * * weighing * * * in commerce at a stockyard, of live- 
 stock. 
 
 (b) Whenever complaint is made to the Secretary by any person, 
 or whenever the Secretary has reason to believe, that any stockyard 
 owner, market agency, or dealer is violating the provisions of sub- 
 division («), the Secretary after notice and full hearing may make 
 an order that he shall cease and desist from continuing such viola- 
 tion to the extent that the Secretary finds that it does or will exist. 
 
 Sec. 314. Penalty for failing to obey order; prosecution by district 
 attorneys. — (a) Any stockyard owner, market agency, or dealer who 
 knowingly fails to obey any order made under the provisions of 
 sections 310, 311, or 312 shall forfeit to the United States the sum of 
 $500 for each offense. Each distinct violation shall be a separate 
 offense, and in case of a continuing violation each clay shall be 
 deemed a separate offense. Such forfeiture shall be recoverable in 
 a civil suit in the name of the United States. 
 
 (b) It shall be the duty of the various district attorneys, under 
 the direction of the Attorney General, to prosecute for the recovery 
 of forfeitures. The costs and expense of such prosecution shall 
 be paid out of the appropriation for the expenses of the courts of 
 the United States, 
 
38 
 
 LAWS CONCEKNING WEIGHTS AND MEASUKES 
 
 Sec. 407. Rules, etc., to be prescribed. — The Secretary may make 
 such rules, regulations, and orders as may be necessary to carry out 
 the provisions of this act and may cooperate with any department or 
 agency of the Government, any State, Territory, District, or posses- 
 sion, or department, agency or political subdivision thereof, or any 
 person; * * *. 
 27 Stat., ch. 221, p. 746. 
 
 Sec. 1 (1893). Standard gauge for sheet and plate iron and steel; sheet- 
 metal gauge, this gauge to be used to levy duties. — For the purpose of 
 securing uniformity the following is established as the only standard 
 gauge for sheet and plate iron and steel in the United States of 
 America, namely : 
 
 
 Approxi- 
 
 
 
 Weight 
 
 per 
 square 
 foot in 
 ounces 
 avoir- 
 dupois 
 
 Weight 
 
 Weight 
 
 Weight 
 
 Weight 
 
 per 
 square 
 meter in 
 
 Number 
 
 mate 
 thickness 
 
 Approximate 
 thickness in 
 
 Approximate 
 thickness in 
 millimeters 
 
 per square 
 foot in 
 
 per 
 square 
 
 per 
 square 
 
 of gauge 
 
 in frac- 
 tions of 
 an inch 
 
 decimal parts 
 of an inch 
 
 pounds 
 avoirdu- 
 pois 
 
 foot in 
 kilo- 
 grams 
 
 meter 
 in kilo- 
 grams 
 
 pounds 
 avoir- 
 dupois 
 
 ooooooo 
 
 1-2 
 
 0.5 
 
 12.7 
 
 320 
 
 20.00 
 
 9.072 
 
 97.65 
 
 215. 28 
 
 000000 
 
 15-32 
 
 . 46875 
 
 11. 90625 
 
 300 
 
 18.75 
 
 8.505 
 
 91.55 
 
 201. 82 
 
 00000 
 
 7-16 
 
 .4375 
 
 11.1125 
 
 280 
 
 17.50 
 
 7.983 
 
 85.44 
 
 188.37 
 
 0000 
 
 13-32 
 
 . 40625 
 
 10. 31875 
 
 260 
 
 16.25 
 
 7.371 
 
 79.33 
 
 174. 91 
 
 000 
 
 3-8 
 
 .375 
 
 9.525 
 
 240 
 
 15 
 
 6.804 
 
 73.24 
 
 161. 46 
 
 00 
 
 11-32 
 
 . 34375 
 
 8. 73125 
 
 220 
 
 13.75 
 
 6.237 
 
 67.13 
 
 148. 00 
 
 
 
 5-16 
 
 .3125 
 
 7. 9375 
 
 200 
 
 12.50 
 
 5.67 
 
 61.03 
 
 134. 55 
 
 1 
 
 9-32 
 
 . 28125 
 
 7. 14375 
 
 180 
 
 11.25 
 
 5. 103 
 
 54.93 
 
 121. 09 
 
 2 
 
 17-64 
 
 . 265625 
 
 6. 746875 
 
 170 
 
 10. 625 
 
 4.819 
 
 51.88 
 
 114.37 
 
 3 
 
 1-4 
 
 .25 
 
 6.35 
 
 160 
 
 10 
 
 4.536 
 
 48.82 
 
 107.64 
 
 4 
 
 15-64 
 
 . 234375 
 
 5. 953125 
 
 150 
 
 9.375 
 
 4.252 
 
 45.77 
 
 100. 91 
 
 5 
 
 7-32 
 
 . 21875 
 
 5. 55625 
 
 140 
 
 8.75 
 
 3.969 
 
 42.72 
 
 94.18 
 
 6 
 
 13-64 
 
 . 203125 
 
 5. 159375 
 
 130 
 
 8.125 
 
 3.685 
 
 39.67 
 
 87. 45 
 
 7 
 
 3-16 
 
 .1875 
 
 4. 7625 
 
 120 
 
 7.5 
 
 3.402 
 
 36.62 
 
 80.72 
 
 8 
 
 11-64 
 
 . 171875 
 
 4. 365625 
 
 110 
 
 6.875 
 
 3.118 
 
 33.57 
 
 74.00 
 
 9 
 
 5-32 
 
 . 15625 
 
 3. 96875 
 
 100 
 
 6.25 
 
 2.835 
 
 30.52 
 
 67.27 
 
 10 
 
 9-64 
 
 . 140625 
 
 3. 571875 
 
 90 
 
 5.625 
 
 2.552 
 
 27.46 
 
 60.55 
 
 11 
 
 1-8 
 
 .125 
 
 3.175 
 
 80 
 
 5 
 
 2.268 
 
 24.41 
 
 53.82 
 
 12 
 
 7-64 
 
 . 109375 
 
 2.778125 
 
 70 
 
 4.375 
 
 1.984 
 
 21.36 
 
 47.09 
 
 13 
 
 3-32 
 
 . 09375 
 
 2. 38125 
 
 60 
 
 3.75 
 
 1.701 
 
 18.31 
 
 40.36 
 
 14 
 
 5-64 
 
 . 078125 
 
 1. 984375 
 
 50 
 
 3.125 
 
 1.417 
 
 15.26 
 
 33.64 
 
 15 
 
 9-128 
 
 . 0703125 
 
 1. 7859375 
 
 45 
 
 2. 8125 
 
 1.276 
 
 13.73 
 
 30.27 
 
 16 
 
 1-16 
 
 .0625 
 
 1. 5875 
 
 40 
 
 2.5 
 
 1.134 
 
 12.21 
 
 26.91 
 
 17 
 
 9-160 
 
 . 05625 
 
 1. 42875 
 
 36 
 
 2.25 
 
 1.021 
 
 10.99 
 
 24.22 
 
 18 
 
 1-20 
 
 .05 
 
 1.27 
 
 32 
 
 2 
 
 .9072 
 
 9.765 
 
 21.53 
 
 19 
 
 7-160 
 
 .04375 
 
 1. 11125 
 
 28 
 
 1.75 
 
 .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 
 
 20 
 
 1.25 
 
 .567 
 
 6.103 
 
 13.46 
 
 23 
 
 9-320 
 
 . 028125 
 
 . 714375 
 
 18 
 
 1.125 
 
 .5103 
 
 5.493 
 
 12.11 
 
 24 
 
 1-40 
 
 .025 
 
 .635 
 
 16 
 
 1 
 
 .4536 
 
 4.882 
 
 10.76 
 
 25 
 
 7-320 
 
 . 021875 
 
 . 555625 
 
 14 
 
 .875 
 
 .3969 
 
 4.272 
 
 9.42 
 
 26 
 
 3-160 
 
 . 01875 
 
 . 47625 
 
 12 
 
 .75 
 
 .3402 
 
 3.662 
 
 8.07 
 
 27 
 
 11-640 
 
 . 0171875 
 
 . 4365625 
 
 11 
 
 .6875 
 
 .3119 
 
 3.357 
 
 7.40 
 
 28 
 
 1-64 
 
 . 015625 
 
 . 396875 
 
 10 
 
 .625 
 
 .2835 
 
 3.052 
 
 6.73 
 
 29 
 
 9-640 
 
 . 0140625 
 
 . 3571875 
 
 9 
 
 .5625 
 
 .2551 
 
 2.746 
 
 6.05 
 
 30 
 
 1-80 
 
 .0125 
 
 .3175 
 
 8 
 
 .5 
 
 .2268 
 
 2.441 
 
 5.38 
 
 31 
 
 7-640 
 
 . 0109375 
 
 . 2778125 
 
 7 
 
 .4375 
 
 .1984 
 
 2.136 
 
 4.71 
 
 32 
 
 13-1280 
 
 . 01015625 
 
 . 25796875 
 
 6M 
 
 . 40625 
 
 .1843 
 
 1.983 
 
 4.37 
 
 33 
 
 3-320 
 
 . 009375 
 
 . 238125 
 
 6 
 
 .375 
 
 .1701 
 
 1.831 
 
 4.04 
 
 34 
 
 11-1280 
 
 . 00859375 
 
 . 21828125 
 
 5J/ 2 
 
 . 34375 
 
 .1559 
 
 1.678 
 
 3.70 
 
 35 
 
 5-640 
 
 . 0078125 
 
 . 1984375 
 
 5 
 
 .3125 
 
 .1417 
 
 1.526 
 
 3.36 
 
 36 
 
 9-1280 
 
 . 00703125 
 
 . 17859375 
 
 m 
 
 .28125 
 
 .1276 
 
 1.373 
 
 3.03 
 
 37 
 
 17-2560 
 
 . 006640625 
 
 . 168671875 
 
 4M 
 
 . 265625 
 
 .1205 
 
 1.297 
 
 2.87 
 
 38 
 
 1-160 
 
 . 00625 
 
 . 15875 
 
 4 
 
 .25 
 
 .1134 
 
 1.221 
 
 2.69 
 
UNITED STATES 39 
 
 And on and after July first, eighteen hundred and ninety-three, 
 the same and no other shall be used in determining duties and taxes 
 levied by the United States of America on sheet and plate iron and 
 steel. But this act shall not be construed to increase duties upon any 
 articles which may be imported. 
 
 Sec. 2. Preparation of gauge standards. — The Secretary of the Treas- 
 ury is authorized and required to prepare suitable standards in ac- 
 cordance herewith. 
 
 Sec. 3. Variations allowed in use. — In the practical use and applica- 
 tion of the standard gauge hereby established a variation of two and 
 one-half per cent either way may be allowed. 
 
 R. S., 2951 (1861). 
 
 Ton defined; hundredweight defined. — Wherever the word "ton" is 
 used in this chapter," in reference to weight, it shall be construed as 
 meaning twenty-hundred-weight, each hundredweight being one 
 hundred and twelve pounds avoirdupois. 
 
 R. S., 3711, as amended Mar. 2, 1895, and Mar. 15, 1898. 
 
 Weighing and measuring of coal and wood required; standard ton of 
 coal ; standard cords of wood. — It shall not be lawful for any officer or 
 person in the. civil, military, or naval service of the United States in 
 the District of Columbia to purchase anthracite or bituminous coal or 
 wood for the public service except on condition that the same shall, 
 before delivery, be inspected and weighed or measured by some com- 
 petent person, to be appointed by the head of the department or chief 
 of the branch of the service for which the purchase is made from 
 among the persons authorized to be employed in such department or 
 branch of the service. The person appointed under this 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 measure of one hundred 
 and twenty-eight cubic feet. Each load 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. 
 
 R. S., 3547 (1873). 
 
 Appointment and meeting of assay commission. — To secure a due con- 
 formity in the gold and silver coins to their respective standard? 
 of fineness and weight, the judge of the District Court for th< 
 Eastern District of Pennsylvania, the Comptroller of the Currency 
 the assayer of the assay office at New York, and such other per 
 sons as the President shall from time to time designate, shall meej 
 as assay commissioners at the mint in Philadelphia to examini 
 and test, in the presence of the Director of the Mint, the finenes. 
 and weight of the coins reserved by the several mints for thi 
 purpose, on the second Wednesday in February annually, and may 
 continue their meetings by adjournment if necessary. If a majority 
 of the commissioners fail to attend at any time appointed for theii 
 meeting, the Director of the Mint shall call a meeting of the commis- 
 sioners at such other time as he may deem convenient. If it appears 
 
 13 The chapter in which the section occurs refers to the collection of duties upon 
 imports. 
 
40 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 by such examination and test that these coins do not differ from the 
 standard fineness and weight by a greater quantity than is allowed 
 by law, the trial shall be considered and reported as satisfactory. 
 If, however, any greater deviation from the legal standard or weight 
 appears, this fact shall be certified to the President; and if, on a 
 view of the circumstances of the case, he shall so decide, the officers 
 implicated in the error shall be thenceforward disqualified from 
 holding their respective offices. 
 
 R. S., 3548, as amended Mar. 4, 1911. 
 
 Standard weight of the mint ; troy pound. — For the purpose of secur- 
 ing a due conformity in weight of the coins of the United States 
 to the provisions of the laws relating to coinage, the standard troy 
 pound of the Bureau of Standards of the United States shall be 
 the standard troy pound of the mint of the United States, con- 
 formably to which the coinage thereof shall be regulated. 
 
 R. S., 3549, as amended Mar. 4, 1911. 
 
 Standard weight for mints and assay offices; annual testing. — It shall 
 be the duty of the Director of the Mint to procure for each 
 mint and assay office, to be kept safely thereat, a series of standard 
 weights corresponding to the standard troy pound of the Bureau 
 of Standards of the United States, consisting of a one-pound weight 
 and the requisite subdivisions and, multiples thereof, from the 
 hundredths part of a grain to twenty-five pounds. The troy weight 
 ordinarily employed in the transactions of such mints and assay 
 offices shall be regulated according to the above standards at least 
 once in every year, under the inspection of the superintendent and 
 assayer ; and the accuracy of those used at the mint at Philadelphia 
 shall be tested annually, in the presence of the assay commissioners, 
 at the time of the annual examination and test of coins. 
 
 R. S., 3511 (1873). 
 
 Standard weights of gold coins. — The gold coins of the United States 
 shall be a one-dollar piece," which, at the standard weight of 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 quart u- 
 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 ; 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. 
 
 20 Stat., ch. 20, p. 25. 
 
 Sec. 1 (1878). Weight of standard silver dollar.— That there shah 
 be coined at the several mints of the United States, silver dollars 
 of the weight of four hundred and twelve and a half grains troy of 
 standard silver, as provided in the act of January eighteenth, 
 eighteen hundred and thirty-seven, * * *. 
 
 "The coinage of a dollar gold piece was discontinued pursuant to the act of Sept 26 
 1890; other gold coins contain 25.8 grains per dollar. 
 
UNITED STATES 41 
 
 R. S., 3513 (al876). 
 
 Standard weights of subsidiary silver coins; — The, silver coins of the 
 United States shall be a trade-dollar, 16 a-.hsilf^dQliaryoi'' fifty-cent 
 piece, a quarter-dollar, or twenty-five cent piece, a dime, or ten-cent 
 piece ; and the weight of the trade-dollajr " shall :b& four, hundred and 
 twenty grains troy ; the weight of th£ half-:doll&r 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 th& weight of snid half- 
 dollar. '•" " j " '"'" •••* '•»* :% - 
 
 R. S., 3515 (1873). 
 
 Standard weight of minor coins. — * * * The weight of the piece 
 of five cents shall be seventy-seven and sixteen-hundredths grains 
 troy; of the three-cent piece, 16 thirty grains; and of the one-cent 
 piece, forty-eight grains. 
 
 R. S., 3535 (1873). 
 
 Deviations from standard weight allowed; gold coins. — In adjusting 
 the weights of the gold coins, the following deviations shall not be 
 exceeded in any single piece : In the double-eagle and the eagle, one 
 half of a grain ; in the half -eagle, the three-dollar piece, the quarter 
 eagle, and the one-dollar piece, one-fourth of a grain. And in 
 weighing a number of pieces together, when delivered by the coiner 
 to the superintendent, and by the superintendent to the depositor, 
 the deviation from the standard weight shall not exceed one 
 hundredth of an ounce in five thousand dollars, in double-eagles, 
 eagles, half-eagles, or quarter-eagles, in one thousand three-dollar 
 pieces, and in one thousand one- dollar pieces. 
 
 R. S., 3536, as amended Mar. 4, 1911. 
 
 Silver coins. — In adjusting the weight of the silver coins the fol- 
 lowing deviations shall not be exceeded in any single piece: In the 
 dollar, the half and quarter dollar, and in the dime, one and one-half 
 grains. 
 
 R. S., 3537 (1873). 
 
 Minor coins, variation in weight. — In adjusting the weight of the 
 minor coins provided by this Title, there shall be no greater devia- 
 tion allowed than three grains for the five-cent piece and two grains 
 for the three and one- cent pieces. 
 
 R. S., 3505 (1873). 
 
 Tolerated loss of weight by abrasion. — Any gold coins of the United 
 States, if reduced in weight by natural abrasion not more than 
 one-half of one per centum below the standard weight prescribed 
 by law, after a circulation of twenty years, as shown by the date of 
 coinage, and at a ratable proportion for any period less than 
 twenty years, shall be received at their nominal value by the United 
 States Treasury and its offices, under such regulations as the Secre- 
 tary of the Treasury may prescribe for the protection of the Gov- 
 ernment against fraudulent abrasion or other practices. 
 
 15 The laws authorizing the coinage and issue of the trade-dollar were repealed by the 
 act of Mar. 3, 1887, ch. 396. Its legal-tender quality had been abolished by the resolu 
 tion of July 22, 1876. 
 
 16 Coinage discontinued by act of Sept. 26, 1890, ch. 945. 
 
42 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 R. S., 5460 (1873). 
 
 Penalty for altering weights at mints or assay offices. — * * * If 
 any of 'ih'e'we'?griEs Vised at any of the mints or assay offices of the 
 United States shall be defaced, increased, or diminished through the 
 fault or connivance of any of the said officers or persons who are 
 employed at the said mints or assay offices, with a fraudulent intent; 
 
 * * * every such officer or person who commits any or either of 
 the said offenses shall" foe 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., 2627 (1799). 
 
 Semiyearly comparison of weights and measures used in customhouses. — 
 
 * * * It shall be the duty of the surveyor * * * First. To 
 superintend and direct all inspectors, weighers, measurers, and 
 gaugers within his port. * * * Eighth. To examine, and, from 
 time to time, and particularly on the first Mondays of January and 
 July in each year, try the weights, measures, and other instruments: 
 used in ascertaining the duties on imports, with standards to be pro- 
 vided by each collector at the public expense for that purpose; and 
 where disagreements or errors are discovered, to report the same to 
 the collector; and to obey and execute such directions as he may 
 receive for correcting the same, agreeably to the standards. 
 
 R. S., 2920 (1846). 
 
 Determination of weight or quantity of imports. — In all cases in 
 which the invoice or entry does not contain the weight, or quantity, 
 or measure of merchandise, now weighed, or measured, or gauged, 
 the same shall be weighed, gauged, or measured at the expense of 
 the owner, agent, or consignee. 
 
 R. S., 2837 (1864). 
 
 Foreign weights and measures to be used in customs invoices; original 
 units in invoice. — All invoices shall be made out in the weights or 
 measures of the country or place from which the importation is 
 made, and shall contain a true statement of the actual weights or 
 measures of such merchandise, without any respect to the weights 
 or measures of the United States. 
 
 R. S., 2915 (1870). 
 
 Weights to appear on casks of sugar. — The Secretary of the Treas- 
 ury shall, by regulation, prescribe, and require that samples from 
 packages of sugar shall be taken by the proper officers, in such 
 manner as to ascertain the true quality of such sugar; and the 
 weights of sugar imported in casks or boxes shall be marked dis- 
 tinctly by the customhouse weigher, by scoring the figures indelibly 
 on each package. 
 
 28 Stat, ch. 168, p. 150 (1894). 
 
 Terms of weights, measures, and money in commercial reports — Prepa- 
 ration, printing, publication, and distribution by the Department 
 of State of the diplomatic, consular, and other commercial reports, 
 
 * * * That all terms of measure, weight, and money shall be re- 
 duced to and expressed in terms of measure, weight, and coin of the 
 United States, as well as in the foreign terms ; * * * 
 
UNITED STATES 43 
 
 R. S., 3249 (al872). 
 
 Standard of proof spirits; prevention of frauds.— Proof spirit shall be 
 held to be that alcoholic liquor which contains one-half its volume 
 of alcohol of a specific gravity of seven thousand nine hundred and 
 thirty-nine ten- thousands (.7939) at sixty degrees Fahrenheit. * * * 
 
 R. S., 3250 (1868). 
 
 Standard gallon to be used in sales. — In all sales of spirits a gallon 
 shall be held to be a gallon of proof spirit, according to the standard 
 prescribed in the preceding section, set forth and declared for the 
 inspection and gauging of spirits throughout the United States. 
 
 20 Stat., ch. 125, p. 351. 
 
 Sec. 21 (1879). Standard gallon for use in internal revenue. — That 
 the word " gallon " wherever used in the internal-revenue law relat- 
 ing to beer, lager beer, ale, porter, and other similar fermented 
 liquors shall be held and taken to mean a wine gallon, the liquid 
 measure containing two hundred and thirty-one cubic inches. 
 
 R. S., 3308 (al872). 
 
 Authorized barrel of proof spirits. — Every distiller shall make a 
 return of the number of barrels of spirits distilled by him, counting 
 forty gallons of proof spirits to the barrel, whenever such return is 
 demanded by the collector of the district. 
 
 R. S., 3339 (al876). 
 
 Standard barrel of fermented liquors. — * * * a tax of one dollar 
 for every barrel containing not more than thirty-one gallons ; * * * 
 more than one barrel, and not more than sixty-three gallons, shall 
 be accounted two barrels, or a hogshead. * * * 
 
 R. S., 2919 (1866). 
 
 Legal weight of bushel for certain products. — For the purpose of 
 estimating the duties on importations of grain the number of bushels 
 shall be ascertained by weight, instead of by measuring; and sixty 
 pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, 
 forty-eight pounds of barley, thirty-two pounds of oats, sixty pounds 
 of pease, and forty-two pounds of buckwheat " avoirdupois weight 
 shall respectively be estimated as a bushel. 
 
 Tariff Act of 1922, 42 Stat., ch. 356, p. 858. 
 
 Section 1, Schedule 7. Barley; corn or maize; oats; rye; wheat; 
 apples; standard proof for vinegar; pineapples; flaxseed; line measure.— 
 Par. 722. Barley, hulled or unhulled, 20 cents per bushel of forty- 
 eight pounds; * * * 
 
 Par. 724. Corn or maize, including cracked corn, 15 cents per 
 bushel of fifty-six pounds; * * * 
 
 Par. 726. Oats, hulled or unhulled, 15 cents per bushel of thirty- 
 two pounds; * * * 
 
 Par. 728. Rye, 15 cents per bushel of fifty-six pounds ; * * * 
 
 Par. 729. Wheat, 30 cents per bushel of sixty pounds ; * * * 
 
 Par. 734. Apples, green or ripe, 25 cents per bushel of 50 pounds ; 
 * * * 
 
 17 So much of this section as relates to buckwheat, namely, " forty-two pounds of 
 buckwheat," was repealed by the McKinley Tariff Act of 1890. 
 
44 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Par. 738. Cider, 5 cents per gallon ; vinegar, 6 cents per proof gal- 
 lon: Provided, That the standard proof for vinegar shall be 4 per 
 centum by weight of acetic acid. 
 
 Par. 746. Pineapples, 22^ cents per crate of one and ninety-six 
 one hundredths cubic feet; * * * 
 
 Par. 760. Oil-bearing seeds and materials: * * * flaxseed, 40 
 cents per bushel of fifty-six pounds ; * * * 
 
 Par. 1410. * * * Provided, That the term "line" as used in 
 tins paragraph shall mean the line button measure of one-fortieth 
 of one inch. 
 
 Sec. 481. Contents of invoice. — (a) That all invoices of merchandise 
 to be imported into the United States shall set forth — * * * 
 
 (4) The quantities in the weights and measures of the county 
 or place from which the merchandise is shipped, or in the weights 
 and measures of the United States; * * * 
 
 R. S., 2395 (al877). 
 
 Measurement of public lands; size of township established; size of 
 legal section of land; authorized units for land measurements. — The 
 public lands shall be divided by north and south lines run according 
 to the true meridian, and by others crossing them at right angles, so 
 as to form townships of six miles square, 18 unless where the line of an 
 Indian reservation, or of tracts of land heretofore surveyed or 
 patented, or the course of navigable rivers, may render this imprac- 
 ticable; and in that case this rule must be departed from no further 
 than such particular circumstances require. * * * the township 
 shall be subdivided into sections, containing, as nearly as may be, 
 six hundred and forty acres each, by running through the same, 
 each way, parallel lines at the end of every two miles; and by mak- 
 ing a corner on each of such lines, at the end of every mile. * * * 
 
 * * * All lines shall be plainly marked upon trees, and meas- 
 ured with chains, containing two perches of sixteen and one-half 
 feet each, subdivided into twenty-five equal links; and the chain 
 shall be adjusted to a standard to be kept for that purpose. 
 
 E. S., 3306 (1868). 
 
 Using false weights (or measures) in ascertaining materials; penalty. — 
 Every person who knowingly uses any false weights or measures 
 in ascertaining, weighing, or measuring the quantities of grain, meal, 
 or vegetable materials, molasses, beer, or other substances to be used 
 for distillation, shall be fined not less than five hundred dolllars nor 
 more than five thousand dollars, and imprisoned not less than one 
 year nor more than three years. * * * 
 
 K. S., 3880 (al872). 
 
 Metric postal balances for post offices. — The Postmaster General shall 
 furnish to the post offices exchanging mails with foreign countries., 
 and to such other offices as he may deem expedient, postal balances 
 denominated in grams of the metric system, fifteen 19 grams of 
 which shall be the equivalent for postal purposes, of one-half ounce 
 avoirdupois, and so on in progression. 
 
 18 The instructions of the surveyor general allow for the convergency of meridians. 
 
 19 Attention is called to the fact that the avoirdupois ounce is the present unit of 
 weight for letters mailed in the United States, addressed for delivery in foreign 
 countries. 
 
UNITED STATES 45 
 
 R. S., 4153 (al909). 
 
 Net or register tonnage defined. — The register tonnage of every 
 vessel built within the United States or owned by a citizen or citizens 
 thereof shall be her entire internal cubical capacity in tons of one 
 hundred cubic feet each, to be ascertained as follows: * * * 
 
 And the proper deduction from the gross tonnage having been 
 made, the remainder shall be deemed the net or register tonnage 
 of such vessels. * * * 
 
 R. S., 4571 (1872). 
 
 Weights and measures to be kept by merchant shipmasters. — Every 
 master shall keep on board proper weights and measures for the 
 purpose of determining the quantities of the several provisions and 
 articles served out, and shall allow the same to be used at the time 
 of serving out such provisions and articles, in the presence of a 
 witness, whenever any dispute arises about such quantities, and in 
 default shall, for every offense, be liable to a penalty of not more 
 than fifty dollars. 
 
 40 Stat., ch. 24, p. 450, as amended August 20, 1919. 
 
 Sec. 1. Standard time for territorial zones; definition of zone limits. — 
 That for the purpose of establishing the standard time of the United 
 States, the territory of continental United States shall be divided 
 into five zones in the manner hereinafter provided. The standard 
 time of the first zone shall be based on the mean astronomical time of 
 the seventy-fifth degree of longitude west from Greenwich ; that of 
 the second zone on the ninetieth degree ; that of the third zone on the 
 one hundred and fifth degree; that of the fourth zone on the one 
 hundred and twentieth degree ; and that of the fifth zone, which shall 
 include only Alaska, on the one hundred and fiftieth degree. That 
 the limits of each zone shall be defined by an order of the Interstate 
 Commerce Commission, having regard for the convenience of com- 
 merce and the existing junction points and division points of com- 
 mon carriers engaged in commerce between the several States and 
 with foreign nations, and such order may be modified from time to 
 time. 
 
 Sec. 2. Standard to govern movements of common carriers ; official acts 
 to be regulated thereby. — That within the respective zones created 
 under the authority hereof the standard time of the zone shall govern 
 the movement of all common carriers engaged in commerce between 
 the several States or between a State and any of the Territories of 
 the United States, or between a State or the Territory of Alaska and 
 any of the insular possessions of the United States or any foreign 
 country. In all statutes, orders, rules, and regulations relating to 
 the time of performance of any act by any officer or department of 
 the United States, whether in the legislative, executive, or judicial 
 branches of the Government, or relating to the time within which 
 any rights shall accrue or determine, or within which any act shall 
 or shall not be performed by any person subject to the jurisdiction 
 of the United States, it shall be understood and intended that the 
 time shall be the United States standard time of the zone within 
 which the act is to be performed. 
 
 Sec. 4. Standards designated. — That the standard of time of the first 
 zone shall be known and designated as United States standard eastern 
 
46 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 time; that of the second zone shall be known and designated as 
 United States standard central time; that of the third zone shall be 
 known and designated as United States standard mountain time; 
 that of the fourth zone shall be known and designated as United 
 States standard Pacific time; and that of the fifth zone shall be 
 known and designated as United States standard Alaska time. 
 
 40 Stat., ch. 96, p. 1291, as amended by Act approved April 16, 1926. 
 
 Sec. 1. Screw-thread standardization; commission created; composi- 
 tion. — That an act entitled "An act to provide for the appointment 
 of a commission to standardize screw threads," approved July 18, 
 1918, as amended by an act approved March 3, 1919, and extended 
 by public resolutions approved March 23, 1920, and March 21, 1922, 
 be, and the same is hereby, amended so that it will read : 
 
 " That a commission is hereby created, to be known as the Commis- 
 sion for the Standardization of Screw Threads, hereinafter referred 
 to as the commission, which shall be composed of nine commis- 
 sioners, one of whom shall be the Director of the Bureau of Stand- 
 ards, who shall be chairman of the commission; two representatives 
 of the Army, to be appointed by the Secretary of War; two repre- 
 sentatives of the Navy, to be appointed by the Secretary of the 
 Navy; and four to be appointed by the Secretary of Commerce, two 
 of whom shall be chosen from nominations made by the American 
 Society of Mechanical Engineers and two from nominations made 
 by the Society of Automotive Engineers. 
 
 " Sec. 2. Adoption of standard ; nse required for Army and Navy plants, 
 etc. — That it shall be the duty of said commission to ascertain and 
 establish standards for screw threads, which shall be submitted to 
 the Secretax*y of War, the Secretary of the Navy, and the Secretary 
 of Commerce for their acceptance and approval. Such standards, 
 when thus accepted and approved, shall be adopted and used in the 
 several manufacturing plants under the control of the War and 
 Navy Departments, and, so far as practicable, in all specifications 
 for screw threads in proposals for manufactured articles, parts, or 
 materials to be used under the direction of these departments. 
 
 " Sec. 3. Publication officially. — That the Secretary of Commerce 
 shall promulgate such standards for use by the public and cause the 
 same to be published as a public document. 
 
 " Sec. 4. Service without pay. — That the commission shall serve with- 
 out compensation, but nothing herein shall be held to affect the pay 
 of the commissioners appointed from the Army and Navy or of 
 the Director of the Bureau of Standards. 
 
 " Sec. 5. Procedure. — That the commission may adopt rules and 
 regulations in regard to its procedure and the conduct of its 
 business." 
 
LAWS OF THE STATES, TERRITORIES. AND POSSESSIONS OF THE 
 UNITED STATES RELATING TO WEIGHTS AND MEASURES 
 
 ALABAMA 
 
 Const., 1901 ; Crim. Code, 1907, p. 72. 
 
 Sec. 77. No State inspection officer. — No State office shall be con- 
 tinued or created for the inspection or measuring of any merchan- 
 dise, manufacture, or commodity, but any county or municipality 
 may appoint such officers when authorized by law. 
 
 Agricultural Code, 1923, (Acts 1923, Act No. 376, p. 399), Art. 22, p. 58. 
 
 Sec. 1. Standards to be those established by Congress; penalty 
 for use of other standards. — There is but one standard of measure of 
 length and surface, one of weight, and one of capacity, throughout 
 this State, which must be in conformity with the standard of meas- 
 ure of length, surface, weight, and capacity established by Congress. 
 Any firm, association, corporation or person, selling, offering or 
 exposing for sale any commodity by weight or measure which does 
 not correspond with such standard or measure is guilty of a misde- 
 meanor and on conviction shall be fined not less than one nor more 
 than fifty dollars. 
 
 Sec. 2. Contracts, how construed. — All contracts, made within this 
 State for any work to be done, or for anything to be sold and de- 
 livered, must be construed to have been made according to the 
 standard of weight and measure thus ascertained, unless the parties 
 stipulate to the contrary. 
 
 Sec. 3. County standards, replacement when destroyed. — If the 
 weights and measures of any county, consisting of one weight of 
 fifty pounds, one of twenty-five pounds, one of fourteen pounds, one 
 of seven pounds, two of four pounds, two of two pounds, and two 
 of one pound, avoirdupois ; one measure of one yard, and one of one 
 foot, cloth measure; one measure of half a bushel, one of one peck, 
 and one of one-half peck, dry measure; one measure of one gallon, 
 one of a half gallon, one of a quart, one of one pint, one of one-half 
 pint, and one of one gill, wine measure, in conformity with such 
 standard, are destroyed, without the fault of any official who by law 
 had charge of the same, the commissioner of agriculture and indus- 
 tries shall, upon the requisition of the probate judge and upon satis- 
 factory evidence that the weights and measures will be kept in a 
 safe and suitable place, furnish weights and measures to such county. 
 
 Sec. 4. Weights per bushel and per barrel of commodities. — The 
 legal weights per bushel of the commodities herein named shall be 
 as follows : 1 
 
 Alfalfa seed pounds per bushel.. 60 
 
 Apples, green do 50 
 
 Apples, green bushels per barrel.. i 2)4 
 
 Apples, dried pounds per bushel.. 24 
 
 Apple seed do 40 
 
 Blue-grass seed -do 14 
 
 Beans, dried do 60 
 
 Beans, green, in pod do 30 
 
 Beans, green, in pod bushels per barrel.. 2% 
 
 Beans, castor pounds per bushel. . 46 
 
 Beans, velvet, shelled do 60 
 
 Beets.. .do 50 
 
 Blackberries... do 48 
 
 Blackberries, dried do 28 
 
 Black medic, cleaned do 56 
 
 Bran do 20 
 
 'A slight change has been made in the arrangement for convenience of reference, 
 i See footnote, p. 20, relative to the Federal standard barrel. 
 
 517—26 4 
 
 47 
 
48 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Broomcom pounds per bushel.. 
 
 Bur clover do 
 
 Buckwheat.. do — 
 
 Barley do — 
 
 Carrots.. do — 
 
 Cabbage do 
 
 Carpet grass seed -do 
 
 Cherries, with stems do 
 
 Cherries, without stems do 
 
 Corn, shelled _ do 
 
 Corn, in ear, shucked.. do 
 
 Corn, in car, with shucks do 
 
 Corn, green, with shucks do 
 
 Corn, green, with shucks -bushels per barrel. 
 
 Cornmeal, unbolted pounds per bushel.. 
 
 Cornmeal, bolted.. do 
 
 Cucumbers... _._ do 
 
 Chestnuts do 
 
 Cement _ do 
 
 Coke_. do 
 
 Charcoal do 
 
 Coal, stone .do 
 
 Canary seed do 
 
 Clover seed, red and white. do 
 
 Cottonseed do 
 
 Crimson clover do 
 
 Eggs, extras ounces per dozen net, over.. 
 
 Eggs, No. 1 ounces per dozen.net.. 24 
 
 Eggs, No 2 do 20 
 
 Eggs, No. 3-Ounces per dozen net, less than. 
 Flaxseed (linseed) pounds per bushel- 
 Flour, shall be (in wood), .pounds per barrel. 
 Gooseberries pounds per bushel- 
 Grapes, with stems do... 
 
 Grapes, without stems do 
 
 Horse-radish do... 
 
 Hickory nuts. do 
 
 Hair, plastering _ do 8 
 
 Hominy _ do 62 
 
 Hungarian grass seed ..do 48 
 
 Herds grass.. do 45 
 
 Hempseed do 44 
 
 Kaffir corn.. _ do 56 
 
 Japan clover (Lespedeza) do 25 
 
 Johnson grass seed _ do 25 
 
 Land plaster ..do 100 
 
 Lime, unslacked do 80 
 
 Lime, slacked do 40 
 
 42 
 
 10 
 
 . 60 
 
 . 48 
 
 . 60 
 
 . 50 
 
 . 26 
 
 . 56 
 
 . 64 
 
 . 56 
 
 . 70 
 
 . 75 
 
 . 100 
 . 2V 2 
 
 . 48 
 
 . 48 
 
 . 48 
 
 . 50 
 
 . 80 
 
 . 40 
 
 . 22 
 
 . 80 
 
 . 60 
 
 . 60 
 
 . 32 
 
 . 60 
 
 . 26 
 to 26 
 to 24 
 
 . 20 
 
 . 56 
 
 . 196 
 
 . 48 
 
 . 48 
 .- 60 
 
 . 50 
 
 . 50 
 
 Liquids... gallons per barrel.. 42 
 
 Millet seed (German, Missouri, Tennessee) 
 
 pounds per bushel-. 50 
 
 Melilotus seed (cleaned) do 60 
 
 Orchard grass seed do 14 
 
 Osage orange seed do 33 
 
 Oats, seed do 32 
 
 Onions, matured ...do 67 
 
 Onions, top buttons do 28 
 
 Onions, button sets do 32 
 
 Parsnips.. do 45 
 
 Paspalum do ( 3 ) 
 
 Peas, dry do 60 
 
 Peas, green, in hull do 30 
 
 Peaches, matured do 50 
 
 Peaches, dried, unpeeled.. do 33 
 
 Peaches, dried, peeled - -do 38 
 
 Pears, matured do 50 
 
 Pears, dried - do 26 
 
 Plums do 64 
 
 Pieplant do 50 
 
 Potatoes, Irish. do 60 
 
 Potatoes, sweet do 55 
 
 Peanuts do 22 
 
 Popcorn, shelled do 56 
 
 Popcorn, unshelled do 70 
 
 Quinces, matured do 48 
 
 Raspberries do 48 
 
 Rapeseed.. do 50 
 
 Rye seed .do 56 
 
 Red top do 14 
 
 Ryegrass (Italian) _ do 20 
 
 Rice _ do 45 
 
 Sage do 4 
 
 Salt do 50 
 
 Sorghum, molasses pounds per gallon. . 12 
 
 Sorghum seed pounds per bushel.. 50 
 
 Strawberries do 48 
 
 Salad, turnips, kale do 30 
 
 Salad, mustard, spinach do 30 
 
 Speltz _ do 40 
 
 Turnips do 55 
 
 Turnips, rutabagas do 50 
 
 Tomatoes _ _._ do 56 
 
 Timothy seed do 45 
 
 Velvert grass seed do 7 
 
 Walnuts.. do 50 
 
 Wheat. do 60 
 
 Sec 5. State superintendent of weights and measures, who is; deputy 
 superintendent. — The commissioner of agriculture and industries by 
 virtue of his office shall be State superintendent of weights and 
 measures during his term of office acting with the advice and counsel 
 of the State board of agriculture. He shall designate an assistant 
 as deputy superintendent of weights and measures and any other 
 competent inspector or agent of the commissioner of agriculture 
 and industries may be designated by the commissioner as a State 
 inspector and sealer of weights and measures. 
 
 Sec. 6. Secretary of state to transfer standards; where kept; mainte- 
 nance ; city or county standards ; duties of superintendent and assistants ; 
 regulations for guidance of sealers. — It shall be the duty of the secre- 
 tary of state to deliver to the commissioner of agriculture and in- 
 dustries, as superintendent of weights and measures, the standard 
 weights and measures which have come into his possession under 
 the provisions of chapter 47 of the Code of 1907. The commissioner 
 of agriculture and industries shall duly receipt the secretary of state 
 for the standard weights and measures received, and shall take 
 charge of same for use as provided in this article. He shall cause 
 them to be kept in a safe and suitable place in his office, from which 
 they shall not be removed except for repairs or for certification, 
 and he shall take all other necessary precautions for their safe-keep- 
 
 8 No weight for paspalum is given. 
 
ALABAMA 49 
 
 ing. He shall maintain the State standard weights and measures 
 in good order and shall before they are put into use, and at least 
 once in every ten years thereafter submit them to the National 
 Bureau of Standards for their certification. He shall also obtain 
 from the National Bureau of Standards new and additional weights 
 and measures as are adopted by the National Bureau of Standards 
 under a resolution of Congress, approved June 14, 1836. The new 
 weights and measures received shall be used in addition thereto or 
 in renewal thereof of the standard weights and measures received 
 from the secretary of state. These standard weights and measures 
 when certified by the National Bureau of Standards shall be the 
 State standards : Provided, That similar standard weights and meas- 
 ures, now in possession of the probate judges of the several counties 
 in Alabama, and any new weights and measures when certified by 
 the National Bureau of Standards are kept in a safe and suitable 
 place, to be approved by the superintendent of weights and measures, 
 in the office of the probate judge, may be used in like manner and 
 for the same purposes as are the standard weights and measures 
 kept in the office of the superintendent of weights and measures. 
 He shall, at least once in five years, try and prove, by the State 
 standards, all weights, measures and other apparatus which may 
 belong to any county or city, and shall seal such, when found to 
 be accurate, stamping on them the letter " C " and the last two 
 figures of the year with seals which he shall have and keep for that 
 purpose. He shall have and keep a general supervision of the 
 weights, measures, and weighing and measuring devices offered for 
 sale, sold, or in use, in the State. He shall, upon the written request 
 of any citizen, firm, corporation, or educational institution in the 
 State, test or calibrate weights, measures, weighing or measuring 
 devices, and instruments or apparatus used as standards in the State. 
 He, or his deputy or inspectors, by his direction, shall at least once 
 annually test all scales, weights, and measures used in checking the 
 receipts and disbursements of supplies in every institution for the 
 maintenance of which moneys are appropriated by the legislature, 
 and he shall report in writing his findings to the supervisory board 
 and to the executive officer of the institution concerned; and, at the 
 request of such board or executive officer, the superintendent of 
 weights and measures shall appoint in writing one or more em- 
 ployees then in the actual service of each institution, who shall act 
 as special deputy or deputies, without extra compensation, for the 
 purpose of checking the receipts and disbursements of supplies. 
 He shall keep a complete record of standards, balances, and other 
 apparatus belonging to the State and take a receipt for same from 
 his successor in office. He shall include a report of the work done 
 by his office in his general report to the State board of agriculture. 
 The State superintendent or his deputy, or inspectors, at his direc- 
 tion, shall inspect all standards and apparatus used by the counties 
 and cities at least once in five years and shall keep a record of the 
 same. He, or his deputy, or inspectors, at his direction shall at 
 least once in five years visit the various cities and counties of the 
 State in order to inspect the work of the local sealers, and in the 
 
 Eerformance of such duties he may inspect the weights, measures, 
 alances, or any other weighing appliance of any citizen, firm, or 
 corporation, and shall have the same power as the local sealer of 
 
50 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 weights and measures. The superintendent shall issue from time to 
 time regulations for the guidance of city and county sealers, and 
 the said regulations shall govern the procedure to be followed by 
 the aforesaid officers in the discharge of their duties. 
 
 Sec. 6. City and county standards; tested by State superintendent. — 
 The board of revenue, or court of county commissioners, of each 
 county and the mayor of each city, who may, in their discretion, 
 appoint a sealer under this article, shall keep at all times, at the 
 expense of the county or city, a complete set of weights and measures 
 and other apparatus of such material and construction as said super- 
 intendent of weights and measures may direct. All such weights, 
 measures and other apparatus having been tried and accurately 
 proven shall be sealed and certified to by the State superintendent as 
 hereinbefore provided, and shall be then preserved by the county or 
 city sealer as public standards for such county or city. 
 
 Sec. 7. County sealer, appointment of; duties; salary; no fees; powers 
 and duties. — The court of county commissioners, or board of revenue, 
 of each county may, in its discretion, appoint a county sealer of 
 weights and measures in each county for a term of two years. He 
 shall be paid a salary to be determined by said board, and no fee 
 shall be charged by him, or by the county, for the inspection, testing, 
 or sealing of weights, measures, or weighing or measuring devices; 
 and, where not otherwise provided by law, the county sealer shall 
 have the power within his county, and the State superintendent, his 
 deputies and inspectors, within the State, to inspect, test, try, and 
 ascertain if they are correct, all weights, scales, beams, measures of 
 every kind, instruments, or mechanical devices for measuring, and 
 also all tools, appliances, and accessories connected with any and all 
 such instruments or measures kept, offered, or exposed for sale, sold 
 or used, or employed within the county by any proprietor, agent, 
 lessee, or employee, in proving the size, quantity, extent, area, or 
 measurement of quantities, things, produce, articles for distribution 
 or consumption offered or submitted by such person or persons for 
 sale, hire, or award; and they shall have power to and shall from 
 time to time weigh or measure packages or amounts of commodities 
 of whatsoever kind kept for the purpose of sale, offered for sale, or 
 sold or in the process of delivery, in order to determine whether the 
 same contains the amount represented, and whether they be offered 
 for sale or sold in a manner in accordance with law. The county 
 sealer shall at least once each year, and as much oftener as he may 
 deem necessary, see that the weights, measures, and all apparatus 
 used in the county are correct. The county and State inspectors or 
 agents may, for the purpose above mentioned, and in the general 
 performance of their official duties, enter or go in upon, and without 
 formal warrant, any stand, place, building, or premises, or stop any 
 vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, 
 or any dealer whatsoever and require him, if necessary, to proceed 
 to some place which the sealer may specify for the purpose of mak- 
 ing the proper tests. Whenever the county sealer or State inspectors 
 find a violation of the statute relating to weights and measures, they 
 shall cause the violator to be prosecuted. Whenever any sealer or 
 inspector compares the weights, measures, or weighing and measur- 
 ing instruments and finds that they correspond, or causes them to 
 correspond, with the standards in his possession, he shall seal or mark 
 
ALABAMA 51 
 
 such weights, measures, or weighing or measuring instruments with 
 appropriate devices to be approved by the State superintendent of 
 weights and measures. The county sealer shall keep a complete 
 record of all of his official acts and shall make an annual report to 
 the board of supervisors and an annual report duly sworn to on the 
 first day of July to the State superintendent of weights and measures 
 on blanks to be furnished by the superintendent. The county sealer 
 of weights and measures shall forthwith on his appointment give a 
 bond in the penal sum of one thousand dollars with sureties to be 
 approved by the appointing power for the faithful performance of 
 the duties of his office : Provided, however, That nothing in the above 
 shall be construed to prevent two or more counties from combining 
 the whole or any part of their districts as may be agreed upon by 
 the court of county commissioners or board of revenue of such coun- 
 ties, with one set of standards and one sealer, upon the written con- 
 sent of the State superintendent of weights and measures. A county 
 sealer appointed in pursuance of such an agreement for such com- 
 bination shall, subject to the terms of his appointment, have the same 
 authority, jurisdiction, and duties as if he had been appointed by 
 each of the authorities who are party to the agreement. 
 
 Sec. 8. Appointment of city sealer; duties and powers; county sealer to 
 act, when. — Any incorporated city in this State may, in its discre- 
 tion, appoint a city sealer of weights and measures under this 
 article. He shall be appointed by the mayor, by and with the advice 
 and consent of the aldermen or by the city commission, as the case 
 may be. He shall perform in said city similar duties, and have like 
 powers, as the county sealer in the county. In those cities in which 
 no sealer is appointed as above, the county sealer of the county, if 
 there be one, shall perform in said cities the duties and have like 
 powers as in the county: Provided, however, That nothing in the 
 above shall be construed to prevent any county and a city situated 
 [therein] from combining the whole or any part of their districts as 
 may be agreed upon by and between the court of county commis- 
 sioners or board of revenue of the county and the mayor and alder- 
 men, or city commission, of such city, with one sealer, subject to the 
 written approval of the State superintendent of weights and meas- 
 ures. A sealer so appointed in pursuance of an agreement for such 
 combination shall, subject to the terms of his appointment, have the 
 same authority, jurisdiction, and duties as if he had been appointed 
 by each of the authorities who are parties to the agreement. 
 
 Sec. 9. False weights and measures; penalty. — Any person who by 
 himself or by his servant or agent or as the servant or the agent of 
 another shall offer or expose for sale, sell, or use or retain in his 
 possession a false weight or measure or weighing or measuring device 
 or any weight or measure or weighing or measuring device which 
 has not been sealed by the sealer of weights and measures within five 
 years, in the buying or selling of any commodity or thing or for hire 
 or reward; or who shall dispose of any condemned weight, measure, 
 or weighing or measuring device contrary to law or remove any tags 
 placed thereon by the sealer of weights and measures ; or any person 
 who by himself or by his servant or agent as the servant or agent of 
 another shall knowingly sell or offer [or] expose for sale less than the 
 quantity he represents, or sell or offer or expose for sale any such 
 commodity in a manner contrary to law; or any person who by 
 
52 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 himself or by his servant or agent, or as the servant or agent of 
 another, shall sell or offer for sale or have in his possession for the 
 purpose of selling any device or instrument to be used to, or cal- 
 culated to, falsify any weight or measure, shall be guilty of a mis- 
 demeanor, and shall be punished by a fine of not less than twenty 
 dollars nor more than one hundred dollars or by imprisonment for 
 not more than three months or by both such fine and imprisonment 
 upon first conviction ; but upon a second or subsequent conviction he 
 shall be punished by a fine of not less than fifty dollars nor more 
 than five hundred dollars or by imprisonment in the county jail for 
 not more than one year or by both such fine and imprisonment. 
 
 Sec. 10. Police powers for sealers. — The superintendent of weights 
 and measures, his deputy, inspectors, and the county and city sealers 
 of weights and measures are hereby made special policemen, and 
 are authorized to seize, for use as evidence and without formal war- 
 rant, any false or unsealed weight, measure, or weighing or measur- 
 ing device or package or amounts of commodities found to be used, 
 retained, or offered or exposed for sale or sold in violation of law. 
 
 Sec. 11. Hindering or obstructing an official; penalty. — Any person 
 who shall hinder or obstruct in any way the superintendent of 
 Aveights and measures, his deputy or inspectors, or any county or 
 city sealer in the performance of his official duties shall be guilty 
 of a misdemeanor, and shall be punished upon conviction thereof, 
 in any court of competent jurisdiction, by a fine of not less than ten 
 nor more than two hundred dollars, or by imprisonment in the 
 county jail for not more than ninety days or by both such fine and 
 imprisonment. 
 
 Sec. 12. Impersonating an official; penalty. — Any person who shall 
 impersonate in any way the superintendent of weights and measures, 
 his deputies, inspectors, or any county or city sealer, by use of his 
 seal or otherwise, shall be guilty of a misdemeanor and shall be 
 punished by a fine of not less than one hundred dollars nor more 
 than five hundred dollars, or by imprisonment in the county jail 
 for not more than ninety days or by both such fine and imprison- 
 ment. 
 
 Code, 1923, Vol. 1, Pol. Code, p. 1066. 
 
 Sec. 2018 (1907). Scales, etc. — The council [of municipal corpora- 
 tions] may provide public scales and an inspection of weights and 
 measures, and may provide punishment for persons, firms, and cor- 
 porations using fraudulent weights and measures; * * *. 
 
 Agricultural Code, 1923, Art. 5, p. 9. 
 
 Sec. 4. Food, misbranding; net contents to be marked; slack filling pro- 
 hibited. — * * * That for the purpose of this article an article of 
 food or drugs shall also be deemed to be misbranded. A. In case 
 of food: * * * Third. If in package form, the name of the 
 article, together with the quantity of the contents in terms or weight, 
 measure, or numerical count and the name and principal address of 
 the manufacturer or other person responsible for placing the article 
 on the market, be not plainly and conspicuously marked on the out- 
 side of the package. Fourth. If in package form, the package be not 
 filled with the food it purports to contain, within the limits of toler- 
 ance fixed by the State board of agriculture, irrespective of whether 
 
ALABAMA 53 
 
 the quantity of the contents be plainly and conspicuously marked on 
 the outside of the package in terms of weight, measure, or numerical 
 count. 
 
 Agricultural Code, 1923, Art. 6, p. 13. 
 
 Sec. 10. Ice cream, standard of weight. — For the purpose of this arti- 
 cle, ice cream shall be deemed to be adulterated: * * * Fifth. 
 If it contains less weight per unit volume than the standards pro- 
 mulgated from time to time by the State board of agriculture. 
 
 ■■:■■ * * 
 
 Agricultural Code, 1923, Art. 10, p. 23. 
 
 Sec. 4. The legal weight standard of eggs in the State of Alabama 
 shall be as follows: Extras, No. 1, No. 2, and No. 3. Extras must 
 weigh over 26 ounces per dozen net. No. 1 must weigh 24-26 ounces 
 per dozen net. No. 2 must weigh 20-24 ounces per dozen net. No. 3 
 those eggs that weigh less than 20 ounces per dozen net. When eggs 
 are sold on the basis of the legal weight standard, the retail price 
 will be quoted as of grade No. 1. If other than grade No. 1, proper 
 adjustment must be made. 
 
 Agricultural Code, 1923, Art. 11, p. 26. 
 
 Sec. 1. Standard containers for corn meal; net weight to be marked. — 
 Any miller or person shall be guilty of a misdemeanor who 
 manufactures, grinds, or re-packs corn meal, or who conducts a 
 merchant mill, to pack or cause to be packed, or be offered for sale 
 to merchants or the general public, or to carry in stock with intent 
 to sell, corn meal, bolted or unbolted, packed in any other than six 
 pounds, twelve pounds, twenty- four pounds, forty-eight pound, and 
 ninety-six pound sacks, or ninety-six pound barrels, and one hun- 
 dred and ninety-six pound barrels, wood; or shall fail to have 
 plainly printed or stenciled upon them " bolted meal," or "unbolted 
 meal," steam or water ground, as the case may be, as indicating the 
 kind of power used in the mill producing the same, " eighth bushel," 
 " fourth bushel," or " peck," ki half bushel," " one bushel," " two 
 bushels," and the barrel and half barrel, or who shall fail to show the 
 net weight in pounds. 
 
 Sec. 2. Violation a misdemeanor; corn meal may be sold from bulk. — 
 Any merchant, dealer, vendor, hawker, or other person, who sells 
 any corn meal, bolted or unbolted, in any other than six pounds, 
 twelve pounds, 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 misde- 
 meanor; provided any retail merchant, may, on order, weigh and 
 sell, from bulk meal, any number of pounds desired by any individual 
 customer. 
 
 Sec. 3. Penalty. — Any person, convicted under either of the two 
 preceding sections, shall be fined not less than fifty nor more than 
 one hundred dollars for the first offense, but on the second convic- 
 tion shall be fined not less than one hundred nor more than five 
 hundred dollars, one-fourth of said fine in either instance shall be 
 paid to the informer furnishing proof leading to a conviction, out 
 of the county treasury, after the payment of such fine upon the order 
 of the solicitor prosecuting the case. 
 
54 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4. Enforcement. — The commissioner of agriculture and indus- 
 tries shall cause to be made from time to time such investigations as 
 may be necessary to determine whether the provisions of this arti- 
 cle have been complied with. If it shall appear from such investi- 
 gations that any provisions of this article have been violated, he 
 shall certify the facts to the solicitor in the county or district in 
 which the violation was committed and furnish that officer with the 
 facts in the case. 
 
 Sec. 5. Weights fixed by Congress to be recognized within the State. — 
 Should during the operation of this article, a national decimal 
 weight bill or other bill be passed by Congress, authorizing the sale 
 in interstate commerce of corn meal in packages or bags differing in 
 weight and branding from the weights and branding prescribed in 
 sections 1 and 2 of this article, the weights and branding described 
 in the national bill for interstate commerce may for the sake of uni- 
 formity become operative in the intrastate trade of Alabama, in 
 lieu of the weights and branding herein prescribed in sections 1 and 
 2: Provided, That the commissioner of agriculture and industries 
 issue and give publicity to this effect. 
 
 Agricultural Code, 1923, Art. 20, p. 51. 
 
 Sec. 1 Grain and cottonseed hulls, method of sale. — Any person who 
 sells any corn, oats, rye,wheat, barley or cottonseed hulls, in sacks 
 or bags, except in quantities hereinafter respectively prescribed, shall 
 be guilty of a misdemeanor. 
 
 Sec. 2. Weight of bags; marking. — Oats shall be sold in sacks con- 
 taining two and one-half and five bushels, weighing net respectively 
 eighty and one hundred and sixty pounds; rye and corn in two 
 and two and one-half bushel sacks, weighing net one hundred and 
 twelve pounds and one hundred and forty pounds respectively ; wheat 
 in two bushel sacks, weighing net, respectively ninety-six and one 
 hundred and forty- four pounds; and cottonseed hulls in one 
 hundred pound sacks or bags; provided, that such sacks, bags or 
 packages shall have plainly marked or stenciled thereon in large 
 type and figures, the net quantities herein required and the name 
 and address of the manufacturer or distributor. 
 
 Sec. 3. Not applicable to article sold in bulk. — The foregoing pro- 
 visions shall apply only when said articles are sold in sacks, bags or 
 other packages, and shall not prevent the sale of any of said articles 
 in bulk. These provisions shall not apply to sales of grain or cereals 
 by the producer or grower of such grains or cereals. 
 
 Agricultural Code, 1923, Art. 31, p. 85. 
 
 Sec. 3. Cotton, amount and weight of bagging and ties to be fixed. — 
 Power is hereby conferred upon the State board of agriculture to 
 establish rules and regulations not inconsistent with law, for the 
 conduct and management of public gins, the character, amount and 
 weight of bagging and ties to be used, the marking or tagging of 
 cotton, the records to be kept, reports made as to ginning and other 
 like matters that may tend to protect the interests of the public. 
 
 Agricultural Code, 1923, Art. 32, p. 86. 
 
 Sec. 1. Cotton, deduction from weight unlawful; untested weights pro- 
 hibited, — It shall be unlawful for any person, in buying baled cotton, 
 
ALABAMA 55 
 
 or in weighing such cotton for sale, to deduct from the actual weight 
 thereof, as shown on a level-standing beam of the scale, or to use 
 in weighing cotton untested weights, so as to deprive the seller of 
 the cotton of any of its real value. 
 
 Sec. 2. Violation, penalty. — Any person, who violates the preceding 
 section, shall be guilty of a misdemeanor, and on conviction, be fined 
 in each case, not less than ten nor more than fifty dollars. But 
 deductions may be made by mutual consent of buyer and seller or 
 their authorized agents or representatives, on wet or damaged cot- 
 ton bales, on each bale so weighed or deducted from. 
 
 Sec. 3. Record to be kept of cotton weighed. — Any corporation, com- 
 panies, individuals, or their agents, operating or owning places for 
 storing and weighing cotton, doing business in this State, who fail 
 to keep a record of all bale cotton weighed by warehousemen, cor- 
 porations, companies, individuals or their agents, for whom each 
 bale of cotton is weighed, with the names of such persons arranged 
 alphabetically, or who fails to keep such record open to the inspec- 
 tion of the public at all reasonable times, shall be guilty of a mis- 
 demeanor, and upon conviction thereof, shall be fined not less than 
 twenty-five nor more than five hundred dollars, for each violation 
 thereof. 
 
 Agricultural Code, 1923, Art. 30, p. 82. 
 
 Sec. 1. Terms denned. — In this article the term " agricultural prod- 
 ucts " shall include horticultural, viticultural, dairy, bee, poultry 
 and any f arm product ; the word " person " shall include individuals, 
 partnerships, corporations, associations, or two or more individuals 
 having a joint or common interest; words used import the singular 
 or the plural as the case may demand. 
 
 Sec. 2. Standards for containers. — In order to promote, protect, fur- 
 ther, and develop the agricultural interests of this State the com- 
 missioner of agriculture and industries, with the advice and counsel 
 of the State board of agriculture is hereby authorized and empow- 
 ered after investigation and public hearing to fix and promulgate 
 official standards for grading and classifying any or all agricultural 
 products grown or produced in this State and to fix and promulgate 
 official standards for containers of farm products and to change any 
 of them from time to time. 
 
 Sec. 3. Standards, when effective. — In promulgating the standards or 
 any alterations or modification of such standards the commissioner 
 of agriculture and industries shall specify the date or dates when 
 the same shall become effective and shall give public notice not less 
 than 30 days in advance of such date or dates by such means as he 
 deems proper, and he is hereby authorized and empowered to employ 
 reasonable methods for diffusing information concerning the stand- 
 ards that may be fixed by him for any agricultural product or 
 container. 
 
 Sec. 11. Unlawful to use other container when standard has become 
 effective. — * * * Whenever any standard for a container for an 
 agricultural product becomes effective under this article, no person 
 thereafter shall pack for sale, offer for sale, consign for sale, or sell 
 and deliver, in a container, any such agricultural product to which 
 the standard is applicable, unless the container conform to the stand- 
 
56 LAWS CONCEKNING WEIGHTS AND MEASUBES 
 
 aid subject to such variations therefrom as may be allowed in the 
 regulations made under this article, unless such product be brought 
 from outside the State and offered for sale, consigned for sale or 
 sold in the original package. Any person violating this section shall 
 be guilty of a misdemeanor and upon conviction thereof shall be 
 fined not more than five hundred dollars or be imprisoned not more 
 than one year or both. 
 
 Agricultural Code, 1923, Art. 15, p. 32. 
 
 Sec. 2. Commercial feeds; size of bags. — Every lot or parcel of com- 
 mercial feeds sold in this State shall have affixed thereto a tag or 
 label, in a conspicuous place on the outside thereof, containing a 
 legible and plainly printed statement in the English language, clearly 
 and truly certifying the net weight of the package (provided that 
 all commercial feeds shall be in standard weight bags or packages 
 of 25, 50, 100, 150 or 200 pounds, except that packages weighing 
 eight and one-third pounds net may be distributed to retailers in 
 one hundred pound containers and sold only when the packages are 
 tagged or labeled as provided in this article and the one hundred 
 pound container have affixed thereto a one cent tax stamp) ; the 
 name, brand, or trade-mark under which the article is sold; the 
 name and address of the manufacturer, jobber or importer, * * * 
 
 Agricultural Code, 1923, Art. 16, p. 36. 
 
 Sec. 15. Commercial fertilizer; weight to be marked. — Every bag, 
 barrel or package of commercial fertilizers sold or distributed with- 
 in this State shall have affixed thereto a tag or label, containing a 
 legible and plainly printed statement in the English language, 
 clearly and truly certifying the following information in the order 
 indicated. (1) Net weight of each bag, barrel or package in pounds; 
 (2) brand name or trade mark; * * * 
 
 Code, 1923, Vol. 2, Crim. Code, ch. 249, p. 815. 
 
 Sec. 5614°. Selling by false weights and measures. — If any person 
 shall knowingly buy or sell by false weights or measures, he shall be 
 deemed a common cheat, and shall be punished as for a misdemeanor. 
 
 Code, 1923, Vol. 2, Crim. Code, ch. Ill, p. 212. 
 
 Sec. 3774 (a) (al890). Weighing cotton. — It shall be unlawful for 
 any person, firm, company, or corporation, in buying baled cotton, or 
 in weighing such cotton for sale, to deduct from the actual weight 
 thereof, as shown on a level-standing beam of the scale, or to use in 
 weighing cotton untested weights, so as to deprive the seller of the 
 cotton of any of its real value. 
 
 Sec. 3775. Violation. — Any person, firm, company or corporation 
 who violates the preceding section, shall be guilty of a misdemeanor, 
 and, on conviction, be fined in each case, not less than ten nor more 
 than fifty dollars. But deductions may be made by mutual consent 
 of buyer and seller or their authorized agents or representatives, on 
 wet or damaged cotton bales, on each bale so weighed or deducted 
 from. 
 
 Code, 1923, Vol. 1, Pol. Code, ch. 47, p. 1253. 
 
 Sec. 2729 (1915). Standard measure for oysters; stamped by inspec- 
 tor; record of measures. — A standard measure for oysters is estab- 
 
ALABAMA 57 
 
 lished, which said measures shall consist of a tub or other round 
 vessel of the following dimensions, to wit, it shall measure 
 seventeen inches in diameter inside at the bottom and twenty- 
 one and a half inches in diameter inside at the top, and fourteen 
 and a half inches inside from bottom to top, or a box con- 
 taining the equivalent number of cubic inches or a box twenty 
 inch by twenty inch by twelve and sixty-one one-hundredths of an 
 inch. Two of these measures filled to the top shall make one 
 barrel, and all oysters bought and sold in this State in the shell 
 shall be measured in a measure of these dimensions, or a measure 
 holding a fraction or multiple thereof, and it shall be unlawful 
 for any person to have in his possession any measure for oysters 
 in the shell which shall differ inside from the measure herein pro- 
 vided for, or demand or require a greater or less measure in buying 
 or selling ; and no vessel or measure shall be used in buying or selling 
 oysters until it has been measured and stamped by the oyster inspec- 
 tor. The oyster inspector shall measure such measures and shall 
 visit for that purpose each place where oysters are bought and sold, 
 and he shall keep a book in which shall be recorded the dimensions 
 of all measures so measured. 
 
 Code, 1923, Vol. 2, Crim. Code, ch. 201, p. 654. 
 
 Sec. 5115 (1892). Illegal measurement in buying and selling oysters. — 
 Any person buying or selling oysters in the shell by measure who uses 
 any other than the box measure of the shape and dimensions required 
 by law must, on conviction, be fined not less than ten nor more than 
 one hundred dollars. 
 
 Agricultural Code, 1923, Art. 19, p. 49. 
 
 Sec. 1. White lead or paint to be labeled. — Every person who shall 
 sell, within this State, any white lead or paint, shall accurately label 
 the same as hereinafter required. 
 
 Sec. 2. Definition. — The term " paint " as used in this article, shall 
 include white lead in oil or any compound intended for the same 
 use, paste or semi-paste, and liquid or mixed paint of any kind 
 ready for use, or any compound intended for the same use. 
 
 Sec. 3. Net contents to be marked. — Labels required by this article 
 shall clearly and distinctly state the name and address of the manu- 
 facturer of the article, or the dealer therein, or of the party for 
 whom the same is manufactured, * * *. The label shall also 
 state, in case of liquid paints, and other compounds, on packages 
 holding one quart or more, the net measure of contents of each can, 
 package or container. In case of white lead and other paints and 
 compounds, the label shall show on packages weighing four pounds 
 or more the net weight of each can, package or container. 
 
 Agricultural Code, 1923, Art. 6, p. 13. 
 
 Sec. 8. Operators of milk or cream testing apparatus to be licensed; 
 violation, penalty. — It shall be unlawful for any person to operate 
 a milk or cream testing apparatus to determine the percentage of 
 milk fat in milk or cream for the purpose of purchasing same, 
 either for himself or another, without first securing a license from 
 the commissioner of agriculture and industries, who shall issues such 
 license upon a form prepared by him, upon payment of a fee of one 
 dollar, for a period of twelve months; provided the applicant for 
 
58 LAWS CONCEBNING WEIGHTS AND MEASTJBES 
 
 license shall pass a satisfactory personal examination that shall sat- 
 isfy said commissioner that he is competent and qualified to operate 
 and use such apparatus and make an accurate test with same which 
 license may be revoked by the commissioner when it shall be shown 
 that such licensed person is incompetent or unreliable. Any person 
 making application for tester's license may be issued a permit by the 
 commissioner to do testing until such time as a personal examination 
 can be given by the commissioner or his duly authorized agent. The 
 testing of each lot of milk or cream by any unlicensed person shall 
 constitute a separate offense under this article: Provided, That any 
 licensed person may for a valid reason satisfactory to said commis- 
 sioner, appoint a substitute for a period not to exceed fifteen days, 
 and subject to the approval of said commissioner. 
 
 Sec. 9. Unlawful falsely to manipulate testing apparatus. — It shall be 
 unlawful for any person, either for himself or another to falsely 
 manipulate or under-read or over-read or take inaccurate samples 
 or take any false determinations by Babcock test or any other con- 
 trivance used to determine the quantity of fat in milk or cream or 
 value of milk or cream delivered to a creamery, cheese factory, con- 
 densary, ice cream plant, milk plant, or milk depot, or when sold or 
 purchased. The test shall be clear oil, free from sediment, solids, or 
 other foreign substance, and must be read at a temperature of 125 
 degrees — 140 degrees F. Cream test must be weighed. The scales 
 must be sensitive and accurate. The tester and owner or owners are 
 jointly responsible for their accuracy. All licensed receiving sta- 
 tions, conducted for the purchase of butter fat either in the form of 
 cream or milk, shall retain in a cool, clean sanitary place, and in 
 tightly stopped bottles, or tightly covered jars the exact, properly 
 labeled samples of cream or milk from which the butter fat test has 
 been conducted, until 4 p. m. of the day following the application of 
 the test where daily testing is practiced, and until 4 p. m. of the 
 second day following the application of the test where composite 
 testing of individual deliveries is practiced. 
 
 Code, 1923, Vol. 1, Pol. Code, ch. 41, p. 949. 
 
 Sec. 1616 (1911). Standards, etc., to be procured. — The chief mine 
 inspector shall procure for the State at the State's expense a full and 
 complete set of standards and other equipment, such as, in his 
 opinion, are necessary in the testing of scales, beams, and other neces- 
 sary apparatus to be used for a just weighing of coal and other 
 material at the coal mines according to the State standard of weights ; 
 and it shall be the duty of said inspector to examine, test and cause 
 to be adjusted as often as occasion demands, all scales and other 
 apparatus used in weighing coal at coal mines. 
 
 Sec. 1708. Scales provided by owner when miners paid by weight. — 
 The owner or operator of each coal mine, at which the miners are 
 paid by weight, shall provide such mines with suitable scales of 
 standard make for the weighing of all coal, when contracted for to 
 be weighed. 
 
 Sec. 1709. Coal weighed and credit given miner, 2,000 pounds a ton. — 
 All coal mined in this State, contracted for payment by the ton or 
 other weight shall be weighed, and the full weight thereof shall be 
 credited to the miner of such coal, and two thousand pounds of coal 
 shall constitute a ton. 
 
ALABAMA 
 
 59 
 
 Sec. 1710. Check weighman may be furnished by miners; duties, etc., 
 of. — In all coal mines, the miners employed and working therein 
 may furnish a check weighman, who shall, at proper times, have full 
 access and examination of the scales, and see all measures and weights 
 and accounts kept of same : Provided, That not more than one per- 
 son shall have such right of access, examination and inspection of 
 scales, measures and accounts at the same time. 
 
 Sec. 1711. Persons having access to scales, etc. — The mine inspector, 
 miners employed in the coal mines and the owner of the land or per- 
 sons interested in the rental and royalty of such mines, shall at all 
 times have full right of access to scales used at said mines, including 
 tally sheets or tally book in which the weight of coal is kept, to 
 examine the amount of coal mined, for the purpose of testing the 
 accuracy thereof. 
 
 Code, 1923, Vol. 2, Crim. Code, ch. 186, p. 626. 
 
 Sec. 4988 (1894). Mine operator failing to have ore or coal accu- 
 rately weighed. — Any person or corporation operating any ore or 
 coal mine in which miners or other laborers are employed to mine 
 or cut ore or coal for a compensation to be determined by the weight 
 of the ore or coal mined or cut, who fails to weigh, or cause to be 
 weighed, accurately and correctly, any ore or coal so mined or cut 
 by such miners or laborers, must, on conviction, be fined for each 
 offense not less than ten dollars nor more than one hundred dollars. 
 
ALASKA 
 
 Compiled Laws, 1913, Crim. Code, ch. 3, p. 653. 
 
 Sec. 1949°. Using false weight, etc. — That if any person shall know- 
 ingly use any false weight or measure, and shall thereby defraud or 
 otherwise injure another, or shall knowingly mark or stamp a false 
 weight or measure or false tare upon any cask or package, or shall 
 knowingly sell or offer for sale any cask or package so marked, such 
 person, upon conviction thereof, shall be punished by imprisonment 
 in the county jail not less than one month nor more than one year, 
 or by fine not less than fifty nor more than five hundred dollars. 
 
 60 
 
ARIZONA 
 
 Revised Stats., 1913, Title 56, p. 1787. 
 
 Sec. 5510 (1912). Standards adopted. — The weights and measures 
 received from the United States under a resolution of Congress ap- 
 proved June 14, 1886 [1836,] and such new weights and measures as 
 shall be received from the United States as standard weights and 
 measures in addition thereto or in renewal thereof, and such as shall 
 be supplied by the State in conformity therewith and certified by the 
 National Bureau of Standards, shall be the State standards by which 
 all municipal standards of weights and measures shall be tried, 
 approved, and sealed. 
 
 Sec. 5511. State inspector; fees; proviso; fees, record and disposition 
 of. — There shall be a State inspector of weights and measures who 
 shall be appointed by the governor by and with the advice and con- 
 sent of the Senate. Such inspector shall be appointed for a term of 
 two years and shall receive a salary of two thousand dollars per year. 
 The State inspector of weights and measures shall be allowed for 
 clerical services and for traveling and contingent expenses for him- 
 self such sums as shall be appropriated by the legislature. 
 
 For inspecting, testing, and sealing, weights and measures the 
 State inspector shall charge, and collect from, the person owning or 
 using such Aveight or measure, the following fees : Provided,, however, 
 That no fee shall be charged or collected for the inspection of 
 weights or measures, or weighing or measuring devices, of any State 
 institution : 
 
 For each counter scales of capacity of 6 pounds or less $0. 15 
 
 For each counter scales of capacity of more than 6 pounds . 25 
 
 For each counter scales of 1,000 pounds or less . 50 
 
 For each portable platform scales of capacity of more than 1,000 pounds- 1. 00 
 
 For each dormant or floor scales 2.50 
 
 For each railroad-track scales 5.00 
 
 For each spring scales of capacity of 30 pounds or more . 50 
 
 For each spring scales of capacity of less than 30 pounds . 25 
 
 For all other scales, instruments, and devices for weighing not herein 
 
 specified, each . 50 
 
 For each measure containing 1 gallon or less . 05 
 
 For each measure containing more than 1 gallon, for first gallon, and for 
 
 each additional gallon or fractional part thereof . 05 
 
 For each yard measure or fractional part thereof .05 
 
 Provided, however, That where any weight or weights, measure or 
 measures, scale or scales, balance or balances, scale beam or scale 
 beams, steelyard or steelyards, or any other instrument or device 
 for weighing or measuring, used by or belonging to any person, firm, 
 or corporation shall be tested by said inspector oftener than once per 
 year, no fee or fees shall be charged or collected for more than one 
 inspection per year, except in case such instrument or device be found 
 upon a subsequent testing to be false and incorrect, whereupon the 
 regular fee shall be collected and paid. 
 
 61 
 
62 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 The inspector shall keep an itemized list of all fees collected by 
 him in pursuance of this title, and at the end of each month he shall 
 turn said fees and said itemized list over to the State treasurer and 
 take his receipt therefor. 
 
 Sec. 5512. Further duties of State inspector; State standards, preserva- 
 tion and verification; report; inspection of city standards and work of 
 local sealers; police powers; record of inspection; bond. — The State in- 
 spector of weights and measures shall take charge of the standards 
 adopted by this title as the standards of the State, and cause them to 
 be kept in a fireproof building belonging to the State (or in a safe 
 and suitable place in the office of the inspector), from which they 
 shall not be removed except for repairs or for certification; and he 
 shall take all other necessary precautions for their safe-keeping. He 
 shall maintain the State standards in good order, and shall submit 
 them at least once in ten years to the National Bureau of Standards 
 for certification. He shall at least once in two years try and prove by 
 the State standards all standards, weights, measures and other test- 
 ing apparatus, which may belong to any city, and shall seal such 
 when found to be accurate by stamping on them the letter "A" 
 and the last two figures of the year, with seals which he shall 
 have and keep for that purpose. He shall procure, at the expense 
 of the State, a portable set of weights and measures, balances and 
 other necessary testing appliances, to be used in the inspection of 
 all weights, or measures, weighing or measuring devices, owned 
 by the State, or by any person, firm, or corporation, or by any 
 agent, lessee, or employee thereof, in all precincts, towns or cities 
 with a population of not more than five thousand nor less than 
 nine hundred inhabitants according to the latest official State or 
 United States census. He shall compare such portable set of 
 weights and measures, balances, and other necessary testing ap- 
 pliances, with the State standards, at least once annually, and in the 
 event such portable set of standards is found to be inaccurate, he 
 shall cause it to correspond with the State standards in his custody. 
 He shall have and keep a general supervision of the weights, meas- 
 ures, and weighing and measuring devices, offered for sale, sold, or 
 in use in the State. He shall upon the written request of any citizen, 
 firm, corporation, or educational institution in the State, test or cali- 
 brate weights, measures, or other weighing or measuring devices and 
 instruments or apparatus used as standards in the State. He shall 
 at least once annually test all scales, weights, and measures, used in 
 checking the receipts or disbursements of supplies in any institution 
 for the maintenance of which moneys are appropriated by the legis- 
 lature, and he shall report in writing his findings to the supervisory 
 board, and to the executive officers of the institution concerned, and, 
 at the request of such board of executive officers, the State inspector 
 of weights and measures shall appoint one or more employees then 
 in the actual service of such institution, who shall act as special 
 deputies for the purpose of checking the receipts or disbursements 
 of supplies. He shall keep a complete record of the standards, bal- 
 ances and other apparatus, belonging to the State, and take a receipt 
 for the same from his successor in office. He shall annually on the 
 first day of June make to the governor a report of the work done by 
 his office. The State inspector shall inspect all standards and ap- 
 paratus used by the cities at least once in two years, and shall keep 
 
AEIZONA 63 
 
 a record of the same. He shall at least once every year visit the 
 various cities of the State having city sealers, in order to inspect 
 the work of such local sealers, and in the performance of such duties 
 he may inspect the weights, measures, balances, or any other weigh- 
 ing or measuring appliances, of any citizen, firm, or corporation, 
 and shall have the same powers as the local sealer of weights and 
 measures. It shall be the duty of the State inspector, and he is 
 hereby empowered, in all precincts, towns, or cities of not less than 
 nine hundred, nor more than five thousand inhabitants according to 
 the latest official State or United States census, and in all other 
 places and precincts whenever request is filed with his office so to do, 
 to inspect, test, try and ascertain if they are correct, at least once 
 a year, and as much oftener as he may deem necessary, all weights, 
 scales, beams, measures of every kind, instruments or mechanical 
 devices for weighing or measuring, and tools, appliances, or acces- 
 sories, connected with any or all such instruments kept, offered, or 
 exposed for sale, sold, or used, or employed, within the city by any 
 proprietor, agent, lessee or employee, in proving the size, quantity, 
 extent, area, or measurements, or quantities, of things, produce, or 
 articles for distribution or consumption offered or submitted by any 
 such person or persons for sale, hire, or award ; and he shall have the 
 power to and shall from time to time, weigh or measure packages or 
 amounts of commodities of whatsoever kind kept for the purpose of 
 sale, offered for sale, or sold, or in the process of delivery, in order 
 to determine whether the same contains the amount represented, and 
 whether they be offered for sale or sold in a manner in accordance 
 with law. He may for the purpose above mentioned and in the gen- 
 eral performance of his official duties, enter and go into or upon, 
 and without formal warrant, any stand, place, building or premises, 
 or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, 
 delivery wagon, or any dealer whatsoever, and require him, if neces- 
 sary, to proceed to some convenient place for the purpose of making 
 the proper test. When the State inspector finds a violation of the 
 statutes relating to weights and measures, he may cause the violator 
 to be prosecuted. When the inspector compares weights or measures, 
 or weighing or measuring instruments, and finds that they corre- 
 spond with the standards in his possession, he shall seal or mark 
 such weights or measures, or weighing or measuring instruments 
 with appropriate devices. He shall condemn and seize, and may 
 destroy incorrect weights or measures, or weighing or measuring 
 instruments which in his best judgment are not susceptible of satis- 
 factory repair ; but such as are incorrect and yet may be repaired he 
 shall mark or tag as " condemned for repairs." The owner or users 
 of any weights or measures, or weighing or measuring instruments 
 of which such disposition is made shall have the same repaired or 
 corrected within fifteen days, and they may not use or dispose of the 
 same in any way, but shall hold the same at the disposal of the 
 inspector. Any apparatus which has been " condemned for repairs " 
 and has not been repaired as required above, shall be confiscated by 
 the inspector. 
 
 The State inspector shall keep in a book, together with a card 
 index system to be furnished him by the State, a complete list of 
 all scales, or weights, or weighing or measuring devices, inspected 
 517—26 5 
 
64 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and tested by him, the name of the person, firm, or corporation, 
 owning the same, and the date and result of all inspections, and 
 shall at all times keep the same open to the inspection of the public. 
 
 The State inspector shall issue from time to time regulations for 
 the guidance of city sealers, and the said regulations shall govern 
 the procedure to be followed by the aforesaid officers in the dis- 
 charge of their duties. 
 
 The State inspector shall forthwith on his appointment give a 
 bond in the penal sum of five thousand dollars with sureties to be 
 approved by the governor for the faithful performance of the duties 
 of his office and for the safety of the standards entrusted to his care, 
 and for the surrender thereof immediately to his successor in office 
 or to the person appointed by the governor to receive them. 
 
 Sec. 5513. State inspector to test electric, water, and gas meters; 
 tolerance allowed; record of meters tested. — It shall be the duty of the 
 State inspector of weights and measures, in unincorporated or in- 
 corporated cities or towns with a population of not more than five 
 thousand nor less than nine hundred inhabitants, according to the 
 latest official State or United States census, at least once in every 
 two years, and as much oftener as he may deem necessary, to test 
 the accuracy of every meter used or to be used in the measuring of 
 any water, electricity or gas furnished or to be furnished to the 
 consumer through such meter. If the meter tested shall, upon test 
 thereof, by the inspector, be found to measure too fast or too slow 
 by as much as three per centum, such meter shall be condemned by 
 him and shall not be again used or used at all until corrected and 
 made to measure accurately. Unless any water, gas, or electric 
 meter is made to conform with the standard of such State inspector 
 within thirty days after the date of the condemnation by such in- 
 spector, the said State inspector is not required to retest such con- 
 demned water, gas or electric meter for a period of one year 
 thereafter. 
 
 The State inspector shall keep in a book, together with a card 
 index system to be furnished him by the State, a complete list of 
 all meters inspected and tested by him, the name of the person, firm, 
 or corporation owning the same, the name of the furnisher of the 
 water, gas, or electricity, the name of the consumer thereof, and the 
 date and result of all inspections, and shall at all times keep the 
 same open to the inspection of the public. 
 
 Sec. 5514. State inspector to test meter used as standard. — He shall, 
 upon the written request of any citizen, firm or corporation, or edu- 
 cational institution in the State, test any water, gas, or electric 
 meters used as standards in the State. He shall, at least once every 
 year, test all water, gas, and electric meters used in any institution 
 for the maintenance of which moneys are appropriated by the legis- 
 lature, and he shall report in writing his findings to the supervisory 
 board and to the executive officers of the institution concerned. 
 
 Sec. 5515. Standards to be procured and kept by cities; test, certifica- 
 tion and preservation. — The common council of each city required to 
 appoint a sealer under this title, shall procure at the expense of the 
 city, and shall keep at all times, a complete set of weights and meas- 
 ures, and other testing apparatus, of such materials and construction 
 as the said State inspector may designate. All such weights and 
 
AEIZONA 65 
 
 measures, and other testing apparatus, having been tried and ac- 
 curately proved by him, shall be sealed and certified to by the State 
 inspector, as hereinbefore provided, and shall then be deposited 
 with and preserved by the city sealer as public standards for such 
 city. Whenever the common council of such city shall neglect for 
 six months so to do, the city clerk of such city, on notification and 
 request by the State inspector, shall provide such standards and 
 cause the same to be tried, sealed and deposited, at the expense of 
 the city. 
 
 Sec. 5516. Appointment of city sealers; tenure and salary; powers and 
 duties; may condemn and seize apparatus; reports; cities may combine; 
 fees. — There shall be a city sealer of weights and measures in unin- 
 corporated or incorporated towns or cities of not less than five thou- 
 sand population, according to the latest official State or United 
 States census, who shall be appointed by the common council of 
 such city for a period of one year. He shall be paid a salary deter- 
 mined by such board, said salary not to be less than nine hundred 
 dollars a year. 
 
 Where not otherwise provided by law, the city sealer shall have 
 the power within his city to inspect, test, try and ascertain if they 
 are correct all weights, scales, beams, measures of every kind, in- 
 struments or mechanical devices for weighing and measuring, and 
 tools, appliances, or accessories, connected with all such instruments 
 and measures, kept, offered or exposed for sale, sold, used, or em- 
 ployed, within the city by any proprietor, agent, lessee, or employee, 
 in having the size, quantity, extent, area, or measurements, of quanti- 
 ties, things, produce, or articles for distribution or consumption, 
 offered or submitted by such person or persons for sale, hire, or 
 award; he shall have the power to, and shall from time to time, 
 weigh or measure packages or amounts of commodities of whatso- 
 ever kind kept for the purpose of sale, or sold, or in the process of 
 delivery, in order to determine whether the same contains the 
 amounts represented and whether they be offered for sale or sold, 
 in a manner in accordance with law. He shall at least twice each 
 year, and as much oftener as he deems necessary, test the accuracy 
 of weights, measures, and weighing or measuring devices used in 
 such city. He may for the purpose above mentioned, and in the 
 general performance of his duties, enter and go into or upon, with- 
 out formal warrant, any stand, place, building or premises, or stop 
 any vender, peddler, junk dealer, coal wagon, ice wagon, delivery 
 wagon or any dealer whatsoever, and require him, if necessary, to 
 proceed to some convenient place for the purpose of making the 
 proper test. When the city sealer finds a violation of the statutes 
 relating to weights and measures, he shall cause the violators to be 
 prosecuted. When the sealer compares weights or measures, or 
 weighing or measuring instruments, and finds that they correspond 
 with the standards in his possession, he shall seal or mark such 
 weights, measures, or weighing or measuring instruments, with ap- 
 propriate devices, to be approved by the State inspector of weights 
 and measures. He shall condemn and seize, and may destroy, in- 
 correct weights and measures, or weighing or measuring instru- 
 ments, which in his best judgment are not susceptible of satisfactory 
 repairs; but such as are incorrect and yet may be repaired, he shall 
 
66 LAWS CONCEKNING WEIGHTS AND MEASUBES 
 
 mark or tag as " Condemned for repairs " in a manner prescribed 
 by the State inspector. The owner or users of any weights or meas- 
 ures, or weighing or measuring instruments, of which such disposi- 
 tion is made, shall have the same repaired or corrected within fif- 
 teen days, and they may neither use or dispose of the same in any 
 way, but shall hold same at the disposal of the sealer, and any ap- 
 paratus which has been "condemned for repairs," and has not been 
 repaired as required above, shall be confiscated by the sealer. 
 
 The city sealer shall keep in a book, together with a card-index 
 system to be furnished him by the common council, a complete list 
 of all scales, or weights, or weighing or measuring devices, inspected 
 and tested by him, the name of the person, firm or corporation using 
 such scales, weights or weighing or measuring devices, and the date 
 and result of all inspections, and shall at all times keep the same 
 open to the inspection of the public. 
 
 The city sealer shall keep a complete record of all his official acts, 
 and shall make a monthly and an annual report to the common 
 council of such city, and a monthly and an annual report duly 
 sworn to, on the first day of each month and year, to the State 
 inspector of weights and measures, on blanks to be furnished by 
 said inspector. 
 
 The city sealer of weights and measures shall forthwith on his 
 appointment give a bond in the penal sum of one thousand dollars, 
 with sureties to be approved by the appointing power, for the faith- 
 ful performance of the duties of his office. 
 
 Provided, however, That nothing in the above shall be construed 
 to prevent two or more cities from combining the whole or any part 
 of their districts as may be agreed upon by the common councils of 
 such cities, with one set of standards and one sealer, upon the written 
 consent 01 said State inspector. A city sealer appointed in pur- 
 suance of an agreement of such combination shall, subject to the 
 terms of his appointment have the same authority, jurisdiction and 
 duties as if he had been appointed by each of the authorities who are 
 parties to the agreement. 
 
 For inspecting, testing and sealing weights and measures the city 
 sealer shall charge and collect from the person owning or using such 
 weight or measure the following fees: 
 
 For each counter scales of capacity of 6 pounds or less $0. 15 
 
 For each counter scales of capacity of more than 6 pounds . 25 
 
 For each portable platform scales of capacity of 1,000 pounds or less . 50 
 
 For each portable platform scales of capacity of more than 1,000 pounds- 1. 00 
 
 For each dormant or floor scales 2. 50 
 
 For each railroad-track scales 5.00 
 
 For each spring scales of capacity of 30 pounds or more . 50 
 
 For each spring scales of capacity of less than 30 pounds . 25 
 
 For all other scales, instruments and devices for weighing not herein 
 
 specified, each . 50 
 
 For each measure containing 1 gallon or less . 05 
 
 For each measure containing more than 1 gallon, for first gallon, and for 
 
 each additional gallon or fractional part thereof .05 
 
 For each yard measure or fractional part thereof . 05 
 
 Provided, however, That where any weight or weights, measure 
 or measures, scale or scales, balance or balances, scale beam or scale 
 beams, steelyard or steelyards, or any other instrument or device for 
 weighing or measuring used by or belonging to any person, firm or 
 corporation, shall be tested by said sealer oftener than twice per year, 
 
ARIZONA 67 
 
 no fee or fees shall be charged or collected for more than the two in- 
 spections per year, except in case such instrument or device be found 
 upon such subsequent testing to be false and incorrect, whereupon 
 the regular fee shall be collected and paid. 
 
 The sealer shall keep an itemized list of all fees collected by him 
 in pursuance of this title and at the end of each month he shall 
 turn said fees and said itemized list over to the city treasurer and 
 take his receipt therefor. 
 
 Sec. 5517. City sealer to test appliances. — It shall be the duty of the 
 city sealer in unincorporated or incorporated cities of not less than 
 five thousand population, according to the latest official State or 
 United States census, at least once in every two years and as much 
 oftener as may in his judgment be necessary, or whenever requested 
 in writing by either the furnisher of water, electricity, or gas, or by 
 the consumer of the same, to test the accuracy of any meter used or 
 to be used in the measuring of any water, electricity, or gas fur- 
 nished or to be furnished to the consumer through such meter. If 
 the meter tested shall, upon a test thereof by the sealer, be found to 
 measure too fast or too slow by as much as three per cent, such meter 
 shall be condemned by him, and the owner or owners of the same shall 
 be notified of the condemnation at the time when such condemna- 
 tion is made by the city sealer, and such meter shall not be again 
 used or used at all until corrected and made to measure accurately. 
 
 The city sealer shall keep in a book, together with a card-index 
 system to be furnished him by the city, a complete list of all meters 
 inspected and tested by him, the name of the person, firm or cor- 
 poration owning the same, the name of the furnisher of the water, 
 gas or electricity, the name of the consumer thereof, and the date 
 and result of all inspections, and shall at all times keep the same 
 open to the inspection of the public. 
 
 Sec. 5518. Penalty for use of false weights or measures. — Any person 
 who by himself or by his servant or agent, or as the servant or 
 agent of another, shall offer or expose for sale, sell, or use, or retain 
 in his possession, a false weight or measure, or weighing or measur- 
 ing device, or any weight or measure, or weighing or measuring 
 device, which has not been sealed by the city sealer or the State 
 inspector of weights and measures within one year, in the buying 
 or selling of any commodity or thing, or for hire or award, or who 
 shall dispose of any condemned weight, measure, or weighing or 
 measuring device, contrary to law, or remove any tag placed thereon 
 by a city sealer or the State inspector of weights and measures, or 
 any person who by himself or his servant, or agent, or as the servant 
 or agent of another, shall use, or offer, or expose for sale less than 
 the quantity he represents, or sell or offer, or expose for sale, any 
 such _ commodity in a manner contrary to law; or any person who 
 by himself, or by his servant or agent, or as the servant or agent of 
 another, shall sell or offer for sale, or have in his possession for the 
 purpose of selling, any device or instrument to be used or calculated 
 to falsify any weight or measure, shall be guilty of a misdemeanor, 
 and shall be punished by fine of not less than twenty-five dollars 
 nor more than two hundred and fifty dollars, or by imprisonment 
 for not more than three months, or by both such fine and imprison- 
 ment, upon a first conviction; but upon a second or subsequent con- 
 
68 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 viction he shall be punished by a fine of not less than fifty dollars 
 nor more than five hundred dollars, or by imprisonment in the 
 county jail for not more than one year, or by both such fine and 
 imprisonment. 
 
 Sec. 5519. Evidence as to use of false apparatus. — The proximity of 
 any weight, measure, scale, balance or other instrument or device for 
 weighing or measuring any goods, wares or merchandise kept, sold 
 or offered by any person, firm, or corporation to any such goods, 
 wares, or merchandise, shall be prima facie evidence of the use of 
 such instrument or device for weighing or measuring the same, and 
 all such instruments or devices so located as aforesaid are hereby 
 declared to be subject to all the provisions of this title. 
 
 Sec. 5520. Sealers to be special policemen. — The said State inspector 
 and city sealers of weights and measures are hereby made special 
 policemen, and are authorized and empowered to arrest without 
 formal warrant, any violator of the statutes in relation to weights 
 and measures, and to seize for use as evidence and without formal 
 warrant, any false or unsealed weight, measure, or weighing or 
 measuring device, or package or amounts of commodities found to 
 be used, retained, or offered or exposed for sale, or sold, in violation 
 of law. 
 
 Sec. 5521. Sealers not to deal in appliances for weighing or measuring. — 
 It shall be unlawful for the State inspector or any city sealer of 
 weights and measures, to keep for sale, expose or offer for sale, or 
 to sell, to any person, firm, or corporation or dealer in goods, wares, 
 and merchandise, doing or intending to do business as such in the 
 State of Arizona, any weights, measures, scales, balances, or weighing 
 or measuring devices of any kind for weighing or measuring goods, 
 wares, merchandise or to be interested directly or indirectly in the 
 sale of such instruments or devices. 
 
 Sec. 5522. Water, electric, or gas meter to be tested before installa- 
 tion. — It shall be unlawful for any person, firm, or corporation, in 
 any city having a city sealer of weights and measures, to install any 
 water, electric, or gas meter, for measuring water, electricity, or gas 
 for purposes of lighting, heating, or other commercial or domestic 
 uses, without first having had such meter tested by the city sealer of 
 weights and measures. 
 
 Sec. 5523. Regulation of charges, minimum charge; tolerance. — It 
 shall be unlawful for any person, firm, or corporation, to sell and 
 deliver, charge and collect for water, electrical energy, or illuminat- 
 ing gas, used or to be used for lighting, heating, or other commercial 
 or domestic purposes, except by meter measurement, if the consumer 
 shall request that the same be sold by meter measurement; or 
 to charge and collect for a greater amount of such water, elec- 
 trical energy, or illuminating gas, than actually furnished during the 
 period for which the charge was made : Provided, however. That an 
 allowance of not exceeding three per centum may be made for inac- 
 curacy in meter measurement. 
 
 And provided, further, That upon application to the corporation 
 commission, said commission may permit any corporation, engaged 
 in furnishing water, electrical energy or illuminating gas to make 
 such minimum charge, not exceeding one dollar per month, as said 
 -commission may deem proper, but such minimum charge shall in no 
 

 AEIZONA 69 
 
 case be added to any charge for water, electrical energy, or gas con- 
 sumed; and upon like application, the corporation commission may 
 permit any corporation furnishing power to make such reasonable 
 minimum charge as said commission may prescribe, but such mini- 
 mum charge shall in no case be added to any charge for power con- 
 sumed : And provided further, That no charge in the first installation 
 shall be made by any public service corporation for making connec- 
 tion for water, gas, electricity for lighting, or telephones. Any pub- 
 lic service corporation demanding and receiving a deposit of money 
 from any consumer shall pay annually to such consumer interest on 
 such amount so long as it remains on deposit at the rate of 8 per cent 
 per annum. 
 
 Sec. 5524. Unlawful to use condemned appliances. — It shall be unlaw- 
 ful for any person, firm, or corporation to use any water, electric, or 
 gas meter which shall have been tested and condemned by the State 
 inspector or city sealer of weights and measures, for the purpose of 
 measuring water, electricity, or gas, without first having had the 
 same corrected and made to record the measurement of the same 
 accurately. 
 
 Sec. 5525. Meter readings to be filed with city sealer. — In cities hav- 
 ing a sealer of weights and measures, where water, illuminating gas, 
 or electrical energy is or shall hereafter be sold, every person, firm, 
 or corporation furnishing such water, gas, or electricity, shall file at 
 the office of the city sealer a complete written list of the readings of 
 all water, gas, or electric meters, together with the individual meter 
 numbers, and the address of the premises upon which such meter is 
 located, upon the day such readings are made. 
 
 Sec. 5526. Fee for testing meter. — The fee for making the test of any 
 water, gas, or electric meter shall be the sum of one dollar, and shall 
 in all cases be advanced and paid by the party demanding the test, 
 but in case the meter be one already in use and be found to be measur- 
 ing too fast by as much as three per centum the inspector or sealer 
 shall return the fee to the consumer if same was advanced by him, 
 and the same shall be and become a lawful charge against the fur- 
 nisher, and the inspector or sealer shall collect the fee from the said 
 furnisher of water, gas, or electricity. 
 
 Sec. 5527. Penalty. — Any person, firm, or corporation, or any agent 
 or employee thereof, violating any of the provisions of the five 
 preceding sections shall, upon conviction thereof, be punished by a 
 fine of not less than ten dollars, nor more than two hundred and fifty 
 dollars, or by imprisonment in the county jail for not less than one 
 day nor more than ninety days, or by both such fine and imprison- 
 ment. 
 
 Sec. 5528. Each day's violation separate offense. — The continuance of 
 such violation from day to day shall be deemed a separate offense 
 as to each day on which such violation is continued. 
 
 Sec. 5529. Inspectors under control of corporation commission. — Such 
 State inspector and city sealer of weights and measures shall be 
 under the direction and control of the corporation commission in all 
 functions connected with the inspection of water, gas, and electric 
 meters, as herein provided. 
 
 Sec. 5530. Penalty for obstructing' inspector. — Any person who shall 
 hinder or obstruct in any way the said State inspector, or any city 
 sealer of weights and measures, in the performance of his duty, 
 
70 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 shall be guilty of a misdemeanor, and shall be punished upon con- 
 viction thereof in any court of competent jurisdiction, by a fine of 
 not less than five dollars nor more than one hundred dollars, or 
 by imprisonment in the county jail for not more than ninety days, 
 or by both such fine and imprisonment. 
 
 Sec. 5531. Penalty for impersonating inspector. — Any person who 
 shall impersonate in any way said State inspector, or any city sealer 
 of weights and measures, by use of his seal, or counterfeit of his 
 seal, or otherwise, shall be guilty of a misdemeanor, and shall be 
 punished by a fine of not less than one hundred dollars, nor more 
 than five hundred dollars, or by imprisonment in the county jail 
 for not more than one year, or by both such fine and imprisonment. 
 
 Sec. 5532. Standard of weights and measures. — For weighing grain 
 hay, coal, groceries, and other like heavy articles of commerce, the 
 standard unit of weight shall be the pound avoirdupois, containing 
 7,000 grains troy; for weighing precious metals and jewels the unit 
 shall be the pound troy, containing 5,760 grains; for weighing 
 goods and medicines when same are used in compound, and filling 
 prescriptions by druggists, the unit shall be the pound apothecary's, 
 containing 5,760 grains troy, but in all other cases, such drugs and 
 medicines shall be sold by avoirdupois weight; for measuring grain, 
 fruit, coal and vegetables, the unit shall be the Winchester bushel, 
 containing 2,150.42 cubic inches; and for measuring all liquids, 
 except ale, beer and such liquids as enter into the composition of 
 medical prescriptions, the unit shall be the wine or liquid gallon, 
 containing 231 cubic inches; the unit for measuring ale and beer 
 shall be the ale or beer gallon, containing 282 cubic inches. Such 
 liquids as are used in the composition of medical prescriptions 
 shall be measured by apothecary's fluid measure. The unit of linear 
 measure shall be the yard, containing thirty-six inches in length, and 
 being identical with the imperial yard of Great Britain. 
 
 Sec. 5534. Coal to be sold by weight only ; delivery ticket. — It shall be 
 unlawful to sell or offer to sell in this State, any coal in any other 
 manner than by weight. No person, firm, or corporation shall de- 
 liver any coal without such delivery being accompanied by a delivery 
 ticket and a duplicate thereof, on each of which shall be in ink or 
 other indelible substance, distinctly expressed in pounds, the gross 
 weight of the load, the tare of the delivery vehicle, quantity or quan- 
 tities of coal contained in the cart, wagon, vehicle, bag, sack or con- 
 tainer used in such deliveries, with the name of the purchaser thereof 
 and the name of the dealer from whom purchased. One of these tick- 
 ets shall be surrendered to the State inspector or the city sealer of 
 weights and measures, upon his demand, for his inspection ; and this 
 ticket, or a weight slip issued by the State inspector or the city sealer, 
 when the State inspector or city sealer desires to retain the original, 
 shall be delivered to the said purchaser of sail coal, or his agent, or 
 his representatives at the time of the delivery of the fuel, and the 
 other ticket shall be retained by the seller of the fuel. When the 
 buyer carries away the purchase a delivery ticket showing the actual 
 number of pounds delivered to the purchaser must be given to the 
 purchaser at the time the sale is made. 
 
 Sec. 5535. Bottles for sale of distilled water, milk, and cream; variations 
 and tolerances ; bow marked ; not required to be sealed. — Bottles used for 
 the sale of distilled water, milk, and cream, shall be of the ca- 
 
ABIZONA 71 
 
 pacity of one-half gallon, three pints, one quart, one pint, one-half 
 pint, and one gill filled full to the bottom of the lip. 
 
 The following variations of individual bottles or jars may be 
 allowed, but the average content of not less than twenty-five bottles 
 selected at random from at least four times the number tested, must 
 not be in error by more than one-fourth of the tolerances: 
 
 Six drams above and six drams below on the half gallon; five 
 drams above and five drams below on the three pint; four drams 
 above and four drams below on the quart; three drams above and 
 three drams below on the pint; two drams above and two drams 
 below on the half pint; two drams above and two drams below on 
 the gill. 
 
 Bottles or jars used for the sale of distilled water, milk, or cream,, 
 shall have clearly blown, or otherwise permanently marked, in the 
 side of the bottles the capacity of the bottles and in the side or bot- 
 tom of the bottles the name, initials, or trade-mark, of the dealer 
 using the same. Any dealer who uses for the purpose of selling 
 distilled water, milk, or cream, jars or bottles purchased after this 
 law takes effect, that do not comply with the requirements of this 
 section as to marking and capacity, shall be deemed guilty of using 
 a false or insufficient measure. The said State inspector and city 
 sealers of weights and measures, are not required to seal all bottles 
 or jars used for distilled water, milk, or cream, but they shall from 
 time to time make tests of individual bottles used by the various 
 persons, firms, or corporations, in the State over which they have 
 jurisdiction, in order to ascertain whether the above provisions are 
 being complied with. 
 
 Sec. 5536. Wood; sale by cord or fractional part only; delivery ticket, 
 requirements for. — It shall be unlawful for any person, firm, or cor- 
 poration, to sell or offer to sell in the State, any cut or sawed or 
 split wood, in any other manner than by the cord, or fractional 
 part thereof. 
 
 Where cut or sawed or split wood is sold by the cord or fractional 
 part thereof, no person, firm, or corporation shall deliver such wood 
 without such delivery being accompanied by a delivery ticket and 
 a duplicate thereof, on each of which shall be in ink, or other in- 
 delible substance distinctly expressed in cords or fractional parts 
 thereof, the quantity or quantities of wood contained in the cart, 
 wagon, vehicle, bag, sack, or container, used in such deliveries, 
 with the name of the purchaser thereof and the name of the dealer 
 from whom purchased. One of these tickets shall be surrendered to 
 the State inspector or city sealer of weights and measures, upon 
 his demand, for his inspection, and this ticket or a weight slip 
 issued by the State inspector or city sealer, when the inspector or 
 sealer desires to retain the original, shall be delivered to the said 
 purchaser of said wood, or his agent or representative, at the time 
 of the delivery of the fuel; and the other ticket shall be retained 
 by the seller of the fuel. When the buyer carries away the purchase, 
 a delivery ticket showing the actual number of cords, or fractional 
 part thereof, delivered over to the purchaser must be given to the 
 purchaser at the time the sale is made. 
 
 Sec. 5537. Ice, sale by weight. — Every person, firm, or corporation, 
 engaged in the business of selling and distributing ice at retail shall 
 sell same by weight. 
 
72 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 5538. Hay, how sold; delivery ticket; baled hay, how marked; 
 allowance for shrinkage. — It shall be unlawful to sell or offer to sell 
 in the State any baled hay in any other manner than by weight, 
 except by an agreement between the seller and the purchaser to the 
 contrary. No person, firm or corporation, shall deliver any hay 
 without such delivery being accompanied by a delivery ticket, and a 
 duplicate thereof, on each of which shall be in ink or other indelible 
 substance distinctly expressed in pounds, the gross weight of the load, 
 the tare of the delivery vehicle, the quantity or quantities of hay 
 contained in said cart, wagon or vehicle used in such deliveries, with 
 the name of the purchaser and the name of the dealer from whom 
 purchased : Provided, That loose hay in stacks or by wagon load may 
 be sold by measurement, by an agreement between the seller and the 
 purchaser, but when hay is shipped in carloads, it shall not be neces- 
 sary to stamp, print or mark the weight of the bales. 
 
 One of these tickets shall be surrendered to the State inspector or 
 city sealer of weights and measures, upon his demand for his inspec- 
 tion and this ticket or weight slip issued by the State inspector or 
 city sealer, when the inspector or sealer desires to retain the original, 
 shall be delivered to the said purchaser of said hay, or his agent, or 
 representative, at the time of the delivery ; and the other ticket shall 
 be retained by the seller of the hay. When the buyer carries away 
 the purchase, a delivery ticket, showing the actual number of pounds 
 delivered over to the purchaser, must be given to the purchaser at 
 the time the sale is made. 
 
 Where hay is sold in bales, each of such bales shall have printed or 
 stamped or marked thereon the correct weight of such bale in pounds 
 or fractions of a pound avoirdupois; and it shall be unlawful for 
 any person, firm, or corporation, and for any agent or employee 
 thereof, to sell or offer for sale any such bale of hay on which the 
 correct weight of such bale of hay has not been stamped, printed or 
 marked : Provided, however, That an allowance of three per cent in 
 weight for shrinkage shall be made on all bales of hay less than six 
 months old, and of five per cent on all bales of hay over six months 
 old, if the age of such bale of hay be marked, printed or stamped 
 thereon. 
 
 Sec. 5539. Meats, sale by weight only; delivery ticket. — It shall be 
 unlawful to sell or offer to sell in the State any fresh meat, such as 
 beef, pork, mutton, veal, sausage or fish, in any other manner than 
 by weight. No person, firm, or corporation, shall deliver such fresh 
 meat without such delivery being accompanied by a delivery ticket 
 on which shall be in ink or other indelible substance, distinctly ex- 
 pressed in pounds or fractions of a pound avoirdupois, the correct 
 weight of such fresh meat, with the name of the purchaser thereof 
 and the name of the dealer from whom purchased. When the buyer 
 carries away the purchase, a delivery ticket showing the actual 
 number of pounds or fractional parts thereof delivered over to the 
 purchaser must be given to the purchaser at the time the sale is made. 
 
 Sec. 5540. Butter, how sold and marked; allowance for shrinkage. — 
 Where butter is sold in packages or cartons, such package or carton 
 shall have written, printed or stamped upon the wrapper of such 
 package or carton, or upon the package or carton, the correct weight 
 of the contents of such package or carton, in pounds and ounces, 
 or fractions of a pound avoirdupois, and it shall be unlawful for 
 
ARIZONA 73 
 
 any person, firm, or corporation, or for any agent or employee 
 thereof, to sell or offer for sale any such package or carton of butter 
 upon the wrapper of which the correct weight of the contents of 
 such package or carton has not been written, printed or stamped: 
 Provided, however, That an allowance of not exceeding two and 
 one-half per cent in weight shall be made for shrinkage on all pack- 
 ages or cartons of butter. 
 
 Sec. 5541. Coffee, tea, and cereals, how marked when sold in packages. — 
 Where coffee, tea, baking powder, oatmeal, tapioca and all cereals 
 and farinaceous goods are sold in packages or containers, each of 
 such packages or containers shall have written, printed or stamped 
 upon the wrapper of such package or container, or upon the package 
 or container, the correct weight of the contents of such package or 
 container, in pounds and ounces or fractions of a pound avoidupois, 
 and it shall be unlawful for any person, firm or corporation, or for 
 any agent or employee thereof, to sell or offer for sale any such pack- 
 age or container of coffee, tea, baking powder, oatmeal, tapioca and 
 all cereals and farinaceous goods of which the correct weight of the 
 contents of such package or container has not been written, printed 
 or stamped. 
 
 Sec. 5542. Flour, etc., how marked as to weight; allowance for shrink- 
 age. — Where wheat flour, buckwheat flour, corn meal, rice, beans, 
 sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, 
 or bacon are sold in bags, sacks or other containers, each of such 
 bags, sacks, or other containers, shall have written, printed, or 
 stamped upon the wrapper of such bag, sack, or other container, 
 or upon the bag, sack or other container, the correct weight of the 
 contents of such bag, sack or other container, in pounds and ounces, 
 or fractions of a pound avoirdupois; and it shall be unlawful for 
 any person, firm or corporation, or for any agent or employee 
 thereof, to sell or offer for sale any such bag, sack, or other con- 
 tainer, of wheat flour, buckwheat flour, corn meal, rice, sugar, 
 barley, bran, wheat, oats, corn, potatoes, onions, seed, ham or bacon 
 upon the wrapper, or upon the bag, sack, or other container, of 
 which the correct weight of the contents of such bag, sack, or other 
 container has not been written, . printed, or stamped : Provided, 
 however, That an allowance of not exceeding two and a half per 
 cent shall be made for shrinkage on all such bags, sacks or other con- 
 tainers of wheat flour, buckwheat flour, corn meal, rice, beans, 
 sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, 
 or bacon. 
 
 Sec. 5543. Lard, how marked as to weight. — Where lard, lard com- 
 pounds or lard substitutes are sold in cans or other container each 
 of such cans or other container shall have written, printed, or 
 stamped upon the wrapper of such can or other container, or upon 
 the can or other container, the correct weight of the contents of such 
 can or other container in pounds and ounces, or fractions of a pound 
 avoirdupois; and it shall be unlawful for any person, firm or cor- 
 poration, or for any agent or employee thereof, to sell or offer for 
 sale, any such can or other container on which the correct weight of 
 the contents of the can or other container has not been written, 
 printed or stamped. 
 
 Sec. 5544. Vinegar and oils, how marked as to quantity. — Where vine- 
 gar, sweet oil, or olive oil. is sold in bottles or cans, each of such bot- 
 
74 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ties or cans shall have written, printed, or stamped upon the wrapper 
 of such bottle or can, or upon the bottle or can, the correct quantity 
 of the contents of such bottle or can in gallons, quarts, pints, or 
 gills, or fractional parts thereof; and it shall be unlawful for any 
 person, firm, or corporation, or for any agent or employee thereof, to 
 sell or offer for sale any such bottle or can of vinegar, sweet oil, or 
 olive oil, upon the wrapper, bottle, or can, of which the correct quan- 
 tity of the contents of such bottle or can has not been written, printed, 
 or stamped. 
 
 Sec. 5545. Crackers, dried fruits, how marked as to weight. — Where 
 soda crackers or dried fruits are sold in boxes or other containers, 
 each of such boxes or other containers shall have written, printed, or 
 stamped upon the wrapper of such box or other container, or upon 
 the box or other container, the correct weight of the contents of 
 such box or other container in pounds or ounces, and in fractions of 
 a pound avoirdupois, and it shall be unlawful for any person, firm, 
 or corporation, or any agent or employee thereof, to sell or offer for 
 sale any such box or container or [of] soda crackers or dried fruits, 
 upon the wrapper, box, or other container of which the correct 
 weight of the contents of such box or other container has not been 
 written, printed or stamped. 
 
 Sec. 5546. Penalty. — Any person, firm, or corporation, that violates 
 any of the provisions of the fourteen preceding sections shall be 
 deemed guilty of a misdemeanor, and shall be punished, upon convic- 
 tion thereof, by a fine, where such is not hereinbefore provided, of 
 not less than five dollars nor more than two hundred and fifty dollars. 
 
 laws, 1925, ch. 13, p. 30. 
 
 Sec. 4. Weight of loaves. — Any loaf of bread made or procured for 
 the purpose of sale, sold, offered or exposed for sale, as fresh bread, 
 within the State of Arizona, shall be of the following standard 
 weights: One pound; one and one-half pounds; two pounds; three 
 pounds, or other multiples of one pound. Such weights shall be 
 determined by the average of not less than twenty loaves of one unit, 
 of one kind of bread, weighed with or without wrappers, not less 
 than twelve hours after baking. When twin or multiple loaves are 
 wrapped at the place where baked, or sold to the consumer wrapped 
 and undivided, the loaf must conform to the said weight require- 
 ments, and if any such twin or multiple loaf is unwrapped or divided 
 prior to sale, each such unit must conform to the said weight re- 
 quirements. A twin or multiple loaf is hereby defined as a loaf 
 consisting of two or more portions of dough baked in one pan. 
 
 Sec. 5. Tolerances. — A commercial tolerance in excess of the stand- 
 ard weights established by this act shall be allowed as follows : One 
 ounce on one pound loaves ; one and one-half ounces on one and one- 
 half pound loaves; two ounces on loaves weighing two pounds or 
 more. No tolerance below the standard weights hereby established 
 shall be allowed. 
 
 Sec. 6. Enforcement. — The State inspector of weights and measures 
 shall have full authority to enforce the provisions of this act, and in 
 cities having a city sealer of weights and measures, under the pro- 
 visions of Title 56, Revised Statutes of Arizona, 1913, Civil Code, 
 said city sealer of weights and measures shall have concurrent juris- 
 diction. The said State inspector of weights and measures, or any 
 
ABIZONA 75 
 
 city sealer of weights and measures, may for the purpose of the 
 enforcement of this act, and at such time or times as its provisions 
 may require, enter any room or place where bread is manufactured 
 or sold, or offered or exposed for sale, and weigh or direct the weigh- 
 ins of anv bread found therein. 
 
 Sec. 7. Interference in performance of duties. — It shall be unlawful 
 for any person to prevent, or attempt to prevent, said State inspector 
 of weights and measures, or any city sealer of weights and measures, 
 entering any such room or place, or in any way to interfere with the 
 performance of the duties of said State inspector of weights and 
 measures, or of said city sealer of weights and measures, as pro- 
 vided by this act. 
 
 Sec. 8. Weighing; of bread. — Every maker, baker or manufacturer of 
 bread, proprietor of a bakery, or bake shop, and every seller of bread 
 in the State of Arizona shall keep scales and weights, suitable for the 
 weighing of bread, in a conspicuous place in the bakery, bake shop or 
 store, and shall, wherever requested by the buyer and in the buyer's 
 presence, weigh any loaf or loaves of bread sold or offered for sale. 
 
 Sec. 9. Provisions not applicable. — The provisions of this act shall not 
 apply to fancy breads; nor to bread baked by special order of the 
 consumer ; nor to what is commonly known as " stale bread " sold as 
 such, provided the seller shall at the time of sale expressly state to 
 the buyer that the bread so sold is stale bread ; and, provided fur- 
 ther, that no bread shall be offered or sold as stale bread until twelve 
 hours or more after baking. 
 
 Sec. 10. Violation. — Any person, firm or corporation violating any 
 of the provisions of this act shall be deemed guilty of a misdemeanor. 
 
 Rev. Stats., 1913, Penal Code, p. 84. 
 
 Sec. 388°. Falsifying: weight of packages; penalty for. — Every person 
 who in putting up in any bag, bale, box, or barrel, or other package, 
 any hops, cotton, wool, grain, hay, or other goods usually sold in 
 bags, bales, boxes, barrels or packages by weight, puts in or conceals 
 therein anything whatever, for the purpose of increasing the weight 
 of such bag, bale, box, barrel or packages, with intent thereby to 
 sell the goods therein, or to enable another to sell the same, for an 
 increased weight, is punishable by fine of not less than twenty-five 
 dollars for each offense. 
 
 Rev. Stats., 1913, Title 41, ch. 3, p. 1442. 
 
 Sec. 4434 (1913). Food deemed misbranded or mislabeled, when. — 
 Food or liquor shall be deemed mislabeled or misbranded within the 
 meaning of this chapter in any of the following cases : * * * 
 
 (3) If when in package, and the contents are stated in terms of 
 weight and measure, such weight and measure are not plainly and 
 correctly stated on the outside of the package. 
 
 laws, 1918, ch. 8, p. 16. 
 
 Sec. 14, as amended by laws, 1925, ch. 74, p. 210; testing, weighing, 
 and sampling milk or cream. — The testing, weighing, and sampling of 
 milk or cream or other dairy products purchased on the basis ot the 
 amount of butter fat contained therein shall be done by licensed 
 and bonded testers, who shall be responsible for the operation of 
 the Babcock test in the testing of such dairy products. Such 
 
76 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 license shall be issued by the dairy commissioner upon applica- 
 tion, accompanied by a certificate of proficiency and the pay- 
 ment of a license fee of $1.50. The certificate of proficiency 
 provided for shall be granted by the dairy division of the Univer- 
 sity of Arizona upon satisfactory evidence of ability to accurately 
 operate the Babcock test. Examinations will be given at stated 
 times and places to applicants for such license. Each license shall 
 expire on January first of the year following the date of issue, 
 but may be renewed without examination by the commissioner. 
 Application for such license shall be made upon a blank furnished 
 by the dairy commissioner. No license or renewal thereof shall 
 be transferable, and each such license shall be subject to revocation 
 by the dairy commissioner upon reasonable notice that the licensee 
 has violated any of the rules and regulations prescribed by the 
 commissioner, or has violated any of the laws of the State relat- 
 ing to milk or cream or other dairy products. A bond in the 
 amount of one thousand dollars shall be given by each tester licensed 
 under the provisions of this section, and shall be in such form as may 
 be prescribed and shall be subject to approval by the commissioner. 
 
 A permanent record in duplicate of all tests of milk or cream 
 purchased or received on the basis of the amount of milk fat con- 
 tained therein, must be kept by each tester, licensed as provided 
 herein, on standard forms supplied by, or in accordance with 
 the specifications for such records adopted hj, the said dairy com- 
 missioner. Each test shall be legibly recorded with indelible pencil 
 or ink and shall be accompanied by the patron's name or number 
 in such manner as to correctly identify the test obtained upon the 
 milk or cream of each patron. Each sheet or page shall be authen- 
 ticated by the signature of the tester, and a duplicate record shall 
 be deposited by said licensed tester, immediately after completing 
 the test on the day's samples, in a box provided by the purchaser 
 or receiver of milk or cream; said box to be constructed, sealed 
 and maintained in accordance with the rules and regulations adopted 
 by the dairy commissioner. The original test record sheets shall 
 be delivered to the management of the concern for whom the tests 
 are made immediately upon completion of the tests. The duplicate 
 test record sheets shall be deposited immediately in an official box 
 supplied for the purpose, made in accordance with blue print speci- 
 fications obtained from the dairy commissioner. Such official test 
 record box shall be kept in the test room at all times, and the contents 
 thereof shall be open only to the State dairy commissioner. The 
 said licensed tester shall retain an unmodified sample of all milk 
 and cream tested by him for a period of not less than forty-eight 
 hours after the tests of said milk and cream have been made, and 
 the said purchaser or receiver of milk or cream shall provide a 
 suitable place, acceptable to the diary commissioner, where such 
 samples so retained may be kept. 
 
 Sec. 16. Fraudulent manipulation of apparatus. — It shall be unlawful 
 for any hauler of milk or cream or any other dairy product, or any 
 person, firm or corporation receiving or purchasing milk or cream 
 or other dairy product by weight or test or both, or by measure or 
 test, or by both, or any agent of such purchaser, to fraudulently 
 manipulate the weight, measure or test of such product, or to take 
 
ARIZONA 77 
 
 unfair samples thereof, or to fraudulently manipulate such sam- 
 ples. The hauler or other agent of the purchaser shall thoroughly 
 mix the milk or cream of each patron by pouring or stirring until 
 such milk or cream is uniform and homogenous in quality and con- 
 tents before a sample for test is taken. The same rule shall apply 
 when sampling is done at a creamery, cheese factory, condensary or 
 shipping station. It shall be unlawful for any person or persons 
 to use any test tube, bottle, pipette or instrument in connection with 
 testing which is not perfectly clean; and for the purpose of this 
 act any unclean test bottle or other instrument is declared inac- 
 curate. All tests made by the purchaser shall be maintained at a 
 temperature of at least one hundred and twenty degrees Fahrenheit 
 for ten minutes before the reading of the per cent of butter fat is 
 made. 
 
 Sec. 17. Specifications for Babcock glassware. — The term "standard 
 Babcock testing glassware" shall apply to glassware and weights 
 complying to the following specifications : 
 
 (a) Standard Milk Test Bottles. — Graduation for milk test 
 bottles. — The total per cent graduation shall be eight. The gradu- 
 ated portion of the neck shall have a length of not less than 63.5 
 millimeters, the graduation shall represent whole per cent, five- 
 tenths per cent, and tenths per cent; the whole per cent graduation 
 shall extend at least one-half way around the neck to the right and 
 projecting two millimeters to the left of the tenths per cent gradu- 
 ations. Each per cent graduation shall be numbered; the number 
 being placed on the left of the scale. The error at any point of the 
 scale shall not exceed one-tenth per cent. 
 
 Neck. — The neck shall be cylindrical and the cylindrical shape 
 shall extend for at least nine millimeters below the lowest and nine 
 millimeters above the highest graduation mark. The top of the 
 neck shall be flared to a diameter of not less than ten millimeters. 
 
 Bulb. — The capacity of the bulb up to the junction of the neck 
 shall not be less than forty-five cubic centimeters. The charge of 
 the bottle shall be eighteen grams. The total height of the bottle 
 shall be between one hundred and fifty and one hundred and sixty- 
 five millimeters. 
 
 (b) Standard Cream Test Bottles. — Three types of bottles shall 
 be accepted as standard cream test bottles ; a fifty per cent nine-gram 
 short-neck bottle, a fifty per cent nine-gram long-neck bottle, a fifty 
 per cent eighteen-gram long-neck bottle. 
 
 Fifty per cent nine-gram short-neck bottle graduation. — The total 
 per cent of graduation shall be fifty. The graduated portion of the 
 neck shall have a length of not less than 63.5 millimeters. The 
 graduation shall represent five per cent, one per cent, and five-tenths 
 per cent. The five per cent graduation shall extend at least halfway 
 around the neck to the right. The five-tenths per cent graduations 
 shall be at least three millimeters in length, and the one per cent 
 graduations shall have a length intermediate between the five per 
 cent and the five-tenths per cent graduations. Each five per cent 
 graduation shall be numbered, the number being placed on the scale. 
 The error at any point of the scale shall not exceed five-tenths per 
 cent. 
 
78 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Neck. — The neck shall be cylindrical, and the cylindrical shape 
 shall extend at least nine millimeters below the lowest and nine 
 millimeters above the highest graduation mark. The top of the 
 neck shall be flared to a diameter of not less than ten millimeters. 
 
 Bulb. — The capacity of the bulb up to the junction of the neck 
 shall not be less than forty-five cubic centimeters. The charge of 
 the bottle shall be nine grams. All bottles shall bear on the top 
 of the neck above the graduations in plainly legible characters, a 
 mark defining the weight of the charge to be used, nine grams. 
 The total height of the bottle shall be between one hundred and 
 fifty and one hundred and sixty-five millimeters, same as standard 
 milk test bottles. 
 
 Fifty per cent nine-gram long-neck bottles. — The same specifica- 
 tions in every detail as specified for the fifty per cent nine-gram 
 short-neck bottle shall apply for the long-neck bottle, with the ex- 
 ception, however, that the total height of this bottle shall be between 
 two hundred and ten and two hundred and thirty-four millimeters, 
 and that the total length of the graduation shall be not less than 
 one hundred and twenty millimeters. 
 
 Fifty per cent eighteen- gram long-neck bottles. — The same speci- 
 fications in every detail as specified for the fifty per cent nine-gram 
 long-neck bottle shall apply, with the exception that the charge of 
 the bottle shall be eighteen grams, and the mark defining the 
 weight of the charge placed at the top of the neck shall be eighteen. 
 The total length of the standard Babcock pipette shall be not more 
 than three hundred and thirty millimeters. Outside diameter of 
 suction tube, six to eight millimeters. Length of suction tube, one 
 hundred and thirty millimeters. Outside diameter of delivery tube, 
 4.5 to 5.5 millimeters. The length of delivery tube, one hundred to 
 one hundred and twenty millimeters. Distance of graduation mark 
 above bulb, thirty to sixty millimeters. Nozzle straight. Delivery, 
 17.6 cubic centimeters of water at twenty degrees centigrade in five 
 to eight seconds. The sensibility of all scales used for weighing- 
 cream samples into the test bottles shall not be more than thirty 
 milligrams, and the standard weights shall be nine grams and 
 eighteen grams. 
 
ARKANSAS 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 184, p. 2694. 
 
 Sec. 10475 (1859). Standards; custody; county officers; sets to be fur- 
 nished. — The set of weights and measures prepared by the United 
 States 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 prac- 
 ticable, 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. 
 
 Sec. 10476. State sealing. — 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. 
 
 Sec. 10477. County sealing. — 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. 
 
 Sec. 10478 (1885). Standard barrel. — 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 barrels, the term " barrel " shall be 
 taken and held, in law, as meaning and intending a holding capacity 
 which is the exact equivalent of the cubical contents of thirty-six 
 times that of the standard gallon measure of the United States, now 
 in use, and kept, as required by law, in the office of the secretary of 
 state of Arkansas. 
 
 Sec. 10479 (1903). Bushel measure for apples. — A box nine inches 
 deep, twelve inches wide and twenty inches long shall constitute a 
 lawful bushel measure for apples. Any person violating the pro- 
 visions of this act shall be guilty of a misdemeanor and upon con- 
 viction shall be fined in any sum not less than ten nor more than 
 twenty-five dollars for each offense. 
 
 Sec. 10480 (1887). Legal weight of bushel of certain commodities. 
 
 Pounds 
 The legal weight per bushel of 1 — 
 
 Corn, shelled— 56 
 
 Corn, in ear, husked 70 
 
 Corn, in ear, unhusked 74 
 
 Wheat 60 
 
 Oats 32 
 
 Pounds 
 The legal weight per bushel of — ■ 
 Continued. 
 
 Cottonseed 33% 
 
 Corn meal 48 
 
 Barley 48 
 
 Rye 56 
 
 'For convenience in printing a slight change has been made in arrangement of these 
 tides. 
 
 517—26 6 79, 
 
80 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 The legal weight per bushel of — 
 Continued. 
 
 Potatoes 60 
 
 Potatoes, sweet 50 
 
 Onions 57 
 
 White beans 60 
 
 Peas 60 
 
 Flax seed 56 
 
 Blue-grass seed 14 
 
 Clover seed 60 
 
 Timothy seed 60 
 
 Millet seed 50 
 
 Buckwheat 52 
 
 Pounds 
 The legal weight per bushel of— 
 Continued. 
 Red top 14 
 
 Orchard grass 14 
 
 Sorghum , 50 
 
 Green apples 50 
 
 Dried apples 24 
 
 Dried peaches 33 
 
 Bran , 20 
 
 Salt 50 
 
 Turnips 57 
 
 Broomcorn seed 48 
 
 Johnson grass 28 
 
 Sec. 10481 (1901). Log measurement; penalty. — The Doyle stick or 
 standard of log measurement is hereby declared to be the standard 
 by which all saw logs bought, sold, cut or hauled in this State 
 shall be scaled or estimated, and any person or persons buying, selling, 
 cutting or hauling saw logs within the limits of this State, who shall 
 use or attempt to use any combination stick, or any other stick or 
 standard than that mentioned in this section for the purpose of 
 scaling, or estimating the number of feet in such logs sold, bought, 
 cut or hauled, shall be deemed guilty of a misdemeanor, and upon 
 conviction shall be fined in any sum not less than fifty dollars nor 
 more than two hundred dollars for each offense, to be assessed by 
 the jury trying the case, and to be collected and appropriated as 
 other public fines, provided that in scaling logs under this act, the 
 average diameter inside the bark shall be taken. 
 
 Sec. 10482 (1913). County clerks required to test and seal weights and 
 measures. — The county clerks of all and every county in the State 
 are hereby directed and required to comply with the law as directed 
 in sections 10475 to 10477, and be prepared at all times to test and 
 seal all scales and measures presented for test and found correct. 
 
 Sec. 10483. Neglect or failure a misdemeanor; fees. — Neglect or 
 failure from any cause to comply with section 10482 shall constitute 
 a misdemeanor and subject the clerk so offending same to a fine of 
 one dollar for each day he fails to be prepared with his tests and 
 seal. The clerk shall receive the sum of ten cents for each pair of 
 scales or measures presented to him for test, to be paid by the person, 
 firm or corporation presenting same and five cents per mile one way 
 for traveling to wagon scales and twenty-five cents for sealing them, 
 to be paid by the owners. 
 
 Sec. 10484. Dealers to have scales tested, when. — Every person, firm 
 or corporation who buy and sell any kind of goods, produce, cotton, 
 cottonseed, hay, feedstuffs and all kinds of merchandise, usually 
 bought and sold, shall have their scales and measures tested and 
 sealed on or before the first day of September and each year there- 
 after. Failure to comply with the provisions of this section shall 
 constitute a misdemeanor and shall subject the individual, firm or 
 corporation to a fine of one dollar for each day so offending. 
 
 Sec. 10485. Township constables and city marshals to inspect weights 
 and measures. — It shall be the duty of the constable of every township 
 and of the marshal of every city or town where complaint be made to 
 him by three or more citizens to inspect any scales, weights and 
 measures used for weighing or measuring any kind of goods or pro- 
 
ARKANSAS 81 
 
 duce or commercial substances, and such offices shall make an annual 
 inspection of all such weights, measures and scales, and if at any 
 time he finds any such scales, weights and measures do not conform 
 to the lawful standard, he shall cause the person, firm or corporation 
 using same to be prosecuted therefor and one-half of any fine assessed 
 therefor shall be paid to said officer. 
 
 Sec. 10486. Packages or bundles, etc., of merchandise to contain 
 marked weight. — Every package, bag or bundle of goods or merchan- 
 dise shall contain in weight what it is branded, marked or said to 
 contain. And any person, firm or corporation violating the pro- 
 visions of section 10487 shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be fined not less than one dollar nor 
 more than twenty-five dollars for each package, bag or bundle sold in 
 violation of this law. 
 
 Sec. 10487 (1905). True net weight to be stamped on barrels, sacks, 
 and other packages. — It shall be unlawful for any corporation, firm, 
 manufacturer, merchant or other dealer, their agent or employees, 
 to sell, or offer for sale, any grain, chops, bran, fertilizer, meal, or 
 flour in sacks, barrels or other packages, unless the true weight of 
 such grain, chops, bran, fertilizer, meal, or flour be stamped or 
 marked upon the sacks, barrels, or other packages. 
 
 Sec. 10488. Violation; penalty. — Any corporation, shipper, manu- 
 facturer, merchant or other dealer, their agents or emplo} ;, ees, who 
 shall violate the provisions of section 10487, shall be deemed guilty 
 of a misdemeanor, and, upon conviction before any justice of the 
 peace or circuit court, shall be fined in any sum not less than twenty 
 dollars, and every such sack, barrel, or other package of such grain, 
 chops, bran, fertilizer, meal or flour offered for sale in violation of 
 this act shall constitute a separate offense. . 
 
 Sec. 10489 (1911). False weight or measure, penalty for giving. — 
 Whoever knowingly buys or sells or permits any person in his em- 
 ploy to buy or sell any property and make or give any false or short 
 weight or measure and any person owning or having charge of any 
 scales fixed for the purpose of misweighing any article bought or 
 sold and any person having any such scales for the purpose of weigh- 
 ing any property and who knowingly reports any false or untrue 
 weight and any firm or corporation using (in the sale of any com- 
 modity), a computing scale or device indicating the weight and price 
 of such commodity upon which scales or device the graduation or 
 indication are [is] false or inaccurately placed, either as to weight 
 or price, shall be deemed guilty of a misdemeanor, and upon con- 
 viction shall be fined in any sum not less than fifty dollars, nor more 
 than one hundred dollars and each sale made on any such scale or 
 device shall constitute a separate offense. 
 
 Sec. 10490. Fruit or other merchantable commodity, penalty for 
 fraudulently packing. — Any person who shall pack any fruit, or other 
 merchantable commodity, with the fraudulent intent of thereby 
 cheating others by a misrepresentation of the contents, either as to 
 quality or quantity, shall, on conviction thereof, be punished by a 
 fine, not exceeding five hundred dollars, or by imprisonment at hard 
 labor, not exceeding one year, or both. 
 
 Sec. 10491. Selling fraudulently packed commodities. — Any person 
 who shall sell, pledge or hypothecate any such commodity, knowing 
 
82 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the same to be packed in the fraudulent manner aforesaid, with the 
 intent to cheat and deceive shall on conviction thereof be punished as 
 provided in section 10489. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 69, p. 1306. 
 
 Sec. 4823 (1907). Food, misbranding of; net weight to be correctly 
 stated, when. — That for the purpose of this act an article shall also 
 be deemed to be misbranded. * * * In the case of food * * * 
 
 Third. If any in package form, and the contents are stated in 
 terms of weight or measure, they are not plainly and correctly stated 
 on the outside of package * * *. 
 
 Acts, 1925, Act 218, p. 639. 
 
 Sec. 3. Board may fix and promulgate grades and containers. — In 
 order to promote, protect, further and develop the agricultural inter- 
 ests of this State, the State plant board is hereby authorized and 
 empowered after investigation and public hearing to fix and pro- 
 mulgate official standards for grading and classifying any or all 
 agricultural products grown or produced in this State and to fix and 
 promulgate official standards for containers of farm products and to 
 change any of them from time to time. The board in its rules, regu- 
 lations or notices promulgated pursuant to this act shall prescribe 
 such tolerances as may be deemed necessary, permitting such varia- 
 tions from the standards fixed under the provisions of this act as 
 are reasonably incident to the proper grading of agricultural prod 
 ucts or to the manufacture of containers for such products. 
 
 Sec. 4. Public notices. — In promulgating the standards or any altera- 
 tions or modifications of such standards the board shall specify the 
 date or dates when the same shall become effective and shall give 
 public notice not less than thirty days in advance of the date when 
 the standard for any agricultural product shall become effective and 
 one year in advance of the date when a standard for any container 
 shall become effective by such means as the board deems proper, and 
 the chief inspector is hereby authorized and empowered to employ 
 reasonable methods for diffusing information concerning the stand- 
 ard that may be fixed by the board for any agricultural product or 
 container. 
 
 Sec. 5. May cooperate with U. S. Department of Agriculture. — The 
 board is authorized to fix and promulgate as the official standard for 
 this State for any agricultural product or container the standard for 
 such product or container which may have been promulgated or 
 announced therefor under the authority of the Congress of the 
 United States and in carrying out the provisions of this act the chief 
 inspector is authorized to cooperate with the United States or any 
 department thereof in accomplishing the matters and things provided 
 for herein. 
 
 Sec. 14. Standard containers must conform to board's specifications. — 
 Whenever any standard for a container for an agricultural product 
 becomes effective under this act, no person shall thereafter manu- 
 facture for commerce within the jurisdiction of this State or sell, 
 ship or offer for sale in such commerce any container, either filled or 
 unfilled, to which the standard is applicable which does not comply 
 with such standard subject to such tolerance as may be permitted 
 under this act. 
 
ARKANSAS 83 
 
 Sec. 18. Authority of inspectors. — For the purpose of carrying out 
 the provisions and requirements of this act and of the rules, regula- 
 tions and notices made and promulgated pursuant thereto, the board 
 and its inspectors shall have power to enter into or upon any places 
 and to open any bundle, package or container of agricultural 
 products. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 22, p. 417. 
 
 Sec. 927 (1907). Track scales; certificate of weighman. — All railroads 
 operating in this State are hereby required to keep and maintain 
 track or railroad scales at all stations or depots where as 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 fur- 
 nish to each such consignee, upon request, by a written certificate of 
 weighman, within one day after such car shall have reached its 
 destination, correct weight of each carload of coal received for such 
 consignee. And no consignee shall be required to pay any freight or 
 either railroad charge until furnished as aforesaid with said weights, 
 nor pay any greater amount of freight than is shown by such cer- 
 tificate. 
 
 Sec. 928. Penalty. — Any railroad in this State failing or refusing 
 to comply with any of the preceding sections shall be subject to a 
 penalty of not less than one hundred nor more than five hundred 
 dollars, to be paid to the county in which such point of destination 
 lies, for every failure or refusal to comply with the provisions of this 
 act; and each day upon which it may refuse or fail to comply with 
 this act shall constitute a separate offense. 
 
 Sec. 929 (1903). Railroad cars to be weighed, when; certificate of 
 weight. — At all such stations it shall be the duty of the railroad 
 company to properly weigh each and every car after the same shall 
 have been loaded and furnish to each shipper by written certificate 
 of weighman within one day after the same shall have been received 
 by said company, correct weights of each car and of the contents 
 of each car delivered to them by the shipper. The certificate of 
 weight to be 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. 
 
 Sec. 930. Penalty. — Any railroad in this State failing or refusing 
 to comply with any of the provisions of the preceding section shall be 
 subject to a penalty of one hundred dollars, to be paid to the county, 
 for every failure or refusal, and each day upon which it may refuse 
 or fail to comply with this act shall constitute a separate offense. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 120, p. 1888. 
 
 Sec. 7246 (1895). Measures and toll dishes. — There shall always be 
 kept in a public mill, by the owner or occupier thereof, an accurate 
 half-bushel measure and an accurate set of toll dishes. 
 
 Digest of the Statutes, Crawford and Moses. 1921, ch. 61, p. 1234. 
 
 Sec. 4534 (1911). Weight to be marked on concentrated commercial 
 feeding stuffs; weight of packages. — Every lot or parcel of concen- 
 trated commercial feeding stuff sold, offered or exposed for sale in 
 
84 LAWS CONCERNING WEIGHTS AND MEASUEES 
 
 this State shall have affixed thereto, or printed thereon in a con- 
 spicuous place on the outside thereof a legible and plainly printed 
 statement, in the English language, clearly and truly certifying the 
 weight of the package {provided, that all concentrated commercial 
 feeding stuffs shall be in standard weight bags or packages of 5, 10, 
 25, 50, 75, 100, 125, 150, 175, 200 pounds) ; the name, brand or 
 trade mark under Avhich the article is sold; the name and address 
 of the manufacturer, jobber or importer; * * * 
 
 Sec. 4535. Definition. — The term " concentrated commercial feeding 
 stuffs" shall be held to include all feeds used for live stock and 
 poultry, except whole hays, straws and corn stover when the same 
 are not mixed with other materials; nor shall it apply to the un- 
 mixed whole seeds or grains of cereals when not mixed with other 
 materials. 
 
 Digest of the Statutes, 1921, Crawford and Moses, en. 66, p. 1285. 
 
 Sec. 4723, as amended by Acts, 1921, Act. 199, p. 154. Weight, name, 
 etc., to be marked on cottonseed meal, fertilizers, etc. — All persons, com- 
 panies, manufacturers, dealers or agents, before selling or offering for 
 sale in this State, any cottonseed meal, commercial fertilizer or fer- 
 tilizer materials, shall attach a tag to each bag, barrel or package 
 bearing the name and address of the manufacturer, and the guaran- 
 teed analysis of the cottonseed meal or fertilizer. These items shall 
 be printed on each tag in the following order : First, weight of pack- 
 age in pounds; second, brand, name or trade-mark; * * * 
 
 Sec. 4740 (1813). Penalty. — Any person selling or offering for sale 
 any cottonseed meal, fertilizer or fertilizer materials without first 
 having complied with the provisions of this act, shall be deemed 
 guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
 in any sum not less than one hundred nor more than five hundred 
 dollars. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 182, p. 2671. 
 
 Sec. 10446 (1919). Baling of cotton.— All cotton ginned and baled 
 by a public gin shall be baled in a press box not exceeding twenty- 
 seven by fifty-four inches, inside measurement, and shall be wrapped 
 with sound standard bagging, not to exceed seven yards per 
 bale. * * * 
 
 Sec. 10450. Standard of weights and measures. — The standards of 
 weights and measures of this State shall be the standard of weights 
 and measures used under the terms and provisions of this act [relat- 
 ing to public cotton gins] * * *. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 43, p. 756. 
 
 Sec. 2442 (1891). Scalage. — It shall be unlawful for any person who 
 weighs cotton in the State of Arkansas to take off anything for 
 scalage. 
 
 Sec. 2443. Penalty. — Any person violating the provisions of this act 
 shall be deemed guilty of a misdemeanor, and upon conviction, shall 
 be fined in any sum not less than five nor more than twenty-five 
 dollars. 
 
 Sec. 2444 (1895). Fee for weighing.— It shall be unlawful for any 
 person, corporation or warehouseman doing business in this State 
 to charge more than ten cents per bale for weighing, sampling and 
 

 AEKANSAS 85 
 
 marking cotton. Any persons, corporation or warehouseman violat- 
 ing the provisions of this section shall be deemed guilty of a misde- 
 meanor, and, upon conviction, shall be fined in any sum not less than 
 ten nor more than twenty-five dollars. 
 
 Sec. 2445 (1899). Fees for weighing cotton.-^It shall be unlawful for 
 any person or persons, weighing cotton for or by the authority of 
 any city of the first or second class or incorporated towns, to charge 
 more than five cents per bale during the months of October, Novem- 
 ber, December, and January, and ten cents for and during the re- 
 maining months of each year for weighing and marking cotton 
 Any person violating the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be fined in anj 
 sum not less than ten nor more than twenty-five dollars. 
 
 Sec. 2446 (1901). Public cotton weighers required to keep record. — 
 All persons weighing cotton for the, public, in this State, and re- 
 ceiving compensation therefor, shall be required to keep a book, or 
 record of all cotton weighed by them, giving the weight and marks 
 of each bale, and for whom weighed, and to whom sold, where the 
 purchaser is known to the weigher, which book or record shall be 
 kept subject to inspection by the public. Any such weigher who shall 
 refuse to keep such books, or records, or who shall, on demand of 
 any person, fail or refuse to exhibit the same, shall be guilty of a 
 misdemeanor, and upon conviction shall be fined in any sum not 
 less than fifty dollars nor more than one hundred dollars. 
 
 Acts, 1907; Act. 196, p. 468. 
 
 Sec. 1. Public ginners. — That each and every person, individual, firm 
 or corporation, who maintain and operate a ginnery for the purpose 
 of ginning, packing, and baling cotton are hereby declared to be a 
 public ginner, and a public and lawful weigher of cotton in his 
 county. * * * 
 
 Sec. 2. Public ginners required to keep accurate scales and records; 
 weight to be stamped on bale; fees; certificate. — It is hereby made the 
 duty of each public ginner to keep an accurate pair of scales and 
 correctly weigh each bale of cotton ginned and baled by him, or 
 caused to be ginned and baled by him, as soon as taken from the 
 press. And 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. 
 
 And he shall plainly and securely place upon, or attach to, each 
 bale of cotton so ginned and baled by him, by stamp, tag or other- 
 wise, the number and weight thereof. 
 
 He shall be allowed to charge five cents for weighing each bale of 
 cotton so ginned by him. And he shall give to each owner or person 
 for whom he may gin and bale cotton a certificate showing the 
 number and weight of each bale of cotton and the date of ginning. 
 
 Sec. 3. County clerk required to test scales. — It shall be the duty of 
 the county clerk to cause to be tested by the standard or test fur- 
 nished to each county clerk, the scales of each public ginner in his 
 county once a year or as much oftener as may be necessary. 
 
 Sec. 4. Inaccurate or false weighing; misdemeanor. — That if any 
 ginner, his agent or employee, knowingly weigh any bale of cotton 
 inaccurately, or falsely weigh same, he shall be guilty of a mis- 
 demeanor. 
 
86 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 5. Violation; penalty; proviso. — Any person who shall violate 
 any provision of this act, shall be deemed guilty of a misdemeanor 
 and upon conviction shall be fined in any sum not less than ten 
 dollars nor more than twenty-five dollars. 
 
 Provided, the provisions of this bill shall apply only [to] the 
 counties of Bradley, Drew, Ashley, Nevada, Woodruff, Lincoln, and 
 Chicot. 
 
 Acts, 1915 ; Act 236, p. 874. 
 
 Sec. 1. Provides for the election of county court weigher in certain 
 counties. — That at the next general election for State and county 
 officers, and every two j^ears thereafter, there shall be elected, in 
 the same manner and under the same restrictions as is provided 
 by law for the election of other county officials, a county cotton 
 weigher for each of the counties of Howard, Columbia, Polk, Mont- 
 gomery, Nevada, White, and Scott, who shall hold their respective 
 offices for the term of two years, or until their respective successors 
 shall have been elected and qualified: Provided, That the law now 
 in force in Columbia County shall remain in full force and effect in 
 Columbia County. 
 
 Sec. 3. Deputy may be appointed, if necessary. — Any county cotton 
 weigher elected under this act shall have the power and shall be 
 required, upon the written application of a majority of the qualified 
 electors of any political township in which is situated any town or 
 village in which enough cotton is sold to pay the wages of a compe- 
 tent deputy, to appoint such deputy and to require of him a good 
 and sufficient bond, conditioned upon the faithful performance of 
 his duties as such deputy, and for the protection of himself for any 
 loss he may sustain by the action of such deputy, and the said deputy 
 shall receive for his services the same compensation as is provided 
 in this act for the compensation of the services of the said county 
 cotton weigher. 
 
 Sec. 4. Euties of cotton weigher. — When any cotton weigher is 
 elected under this act, or any deputy appointed, he shall prepare a 
 convenient place, easy of access to the public for the performance 
 of his duties, and he shall keep a pair of scales, which shall be tested 
 as is now provided by law, and shall weigh without unnecessary 
 delay all cotton sold or marketed at his place of business ; and when 
 the buyer or seller shall demand the weight of any cottonseed, grain, 
 cattle, hogs, sheep, cotton on the seed, coal or any other articles of 
 produce sold in the city, town or village where he keeps the scales 
 and presented to him to be weighed, he shall weigh the same and 
 shall receive therefor, as compensation for his services, the amounts 
 hereafter provided by this act : Provided, however, That until the 
 secretary of state procures the tests and weights as provided for by 
 section 8004, of Kirby's Digest [sec. 10476] , the said cotton weigher 
 or his deputy shall be allowed to use scales which have been tested by 
 the county clerk of the county in which his county is located, and 
 which said scales have been found to be correct by the county clerk 
 of said county, according to the tests and weights in his office, and 
 it shall be the duty of the county clerk to test the scales of all cotton 
 weighers and deputies in his county, on or before the first day of 
 August of each year, and if said scales are found to be correct ac- 
 
AKKANSAS 87 
 
 cording to the weights and tests in his said office, he shall issue a cer- 
 tificate to the said cotton weigher, or his deputy, and the said certifi- 
 cate, when so issued, shall entitle the said cotton weigher, or his 
 deputies to weigh cotton or other articles presented to him, as pro- 
 vided in this act, and to collect for his services the compensation 
 herein provided for. 
 
 Sec. 5, Must keep record of all cotton and other articles weighed by 
 him. — The cotton weigher, or his deputy, shall mark upon each bale 
 of cotton weighed on his scales, the weight in figures, and shall de- 
 liver to the person or persons having cotton weighed, a certificate 
 giving the number and weight of each bale of cotton, or if other 
 produce or livestock, he shall deliver a certificate giving the weight 
 of each article, and he shall keep in a Avell-bound book a record of 
 all cotton and other articles weighed by him, together with a memo- 
 randum of the buyer and seller of said articles and said book shall 
 be kept in his office subject to public inspection at all times by any 
 person interested. 
 
 Sec. 6. Provides compensation. — Any cotton weigher elected under 
 the provisions of this act, or any deputy appointed, shall receive as 
 compensation for his services, ten cents for each bale of cotton 
 weighed and five cents for each wagon load of cotton, cottonseed, or 
 other produce that he may be called upon to weigh, and he shall make 
 no extra charge for any other kind of produce, and the said fee shall 
 be paid by the purchaser. 
 
 Sec. 7. Unlawful for any other person to weigh cotton in any town 
 where said cotton weigher has scales and is acting in his official ca- 
 pacity. — If any person or persons, other than the said cotton weigher, 
 or his legally appointed deputy, shall weigh or attempt to weigh any 
 cotton sold or marketed in the town or village where the said cotton 
 weigher, or his legally appointed deputy, keeps his scales and is act- 
 ing in his official capacity, such person or persons shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be fined 
 in a sum not less than ten dollars nor more than twenty-five dollars, 
 and each bale of cotton so weighed or attempted to be weighed shall 
 constitute a separate offense, and any purchaser who charges or col- 
 lects from the person from whom he buys the said cotton so weighed, 
 the price paid for weighing said cotton, shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be fined in any sum 
 not less than one dollar, nor more than ten dollars, and each charge 
 or collection made in violation of this act shall be a separate offense. 
 
 Sec. 8. This act does not prohibit any weigher already elected from 
 continuing his duties until the next election. — This act shall not be 
 construed to prohibit any county cotton weigber already elected from 
 continuing to perform the duties of his office as such cotton weigher, 
 until the next general election, and all cotton weighers heretofore 
 legally elected in the counties herein named, under any laws of the 
 State, providing for the election of cotton weighers, are hereby con- 
 tinued in office and shall perform the duties, and shall be entitled 
 to the compensation provided for in this act until the next general 
 election. 
 
 Acts, 1917; Act, 409, p. 1890. 
 
 Sec. 1. County public weigher, election of from Greene County. — That 
 at the next general election for State and county officers and every 
 
88 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 two years thereafter, there shall be elected, in the same manner and 
 under the same restrictions as is provided by law for the election of 
 other county officials, a county public weigher for the county of 
 Greene, who shall hold his office for the term of two years, or until 
 his successor shall have been elected and qualified: Provided, That 
 the governor shall appoint some citizen of Greene County to act as 
 public weigher, under the provisions of this act, until the next gen- 
 eral election for State and county officers. 
 
 Sec. 3. Deputy, appointment of. — Any public weigher elected under 
 this act shall have the power and shall be required, upon the written 
 application of a majority of the qualified electors of any political 
 township in which is situated any town or village in which enough 
 public weighing is done to pay the wages of a competent deputy, to 
 appoint such deputy and to require of him a good and sufficient bond, 
 conditioned upon the faithful performance of his duties as such 
 deputy, and for the protection of himself for any loss he may sustain 
 by the action of such deputy shall receive for his services the same 
 compensation as is provided in this act for the compensation of the 
 services of the saicl county public weigher : Provided, The public 
 weigher may have one or more deputies in the city of Paragould 
 and town of Marmaduke. , 
 
 Sec. 4. Scales to be established, when; how maintained; public scales, 
 how tested; duties of public weigher. — When any public weigher 
 is elected under the act, or appointed under the provisions of 
 section 3 of this act, it shall be the duty of the county court of 
 said county, or the judge thereof in vacation, immediately after 
 this act goes into effect, to erect and prepare within the city of 
 Paragould, and the town of Marmaduke in said county or in any 
 other political township of said county complying with the provi- 
 sions of this act for deputy public weigher, suitable grounds and 
 scales, to be established at a place or places that will be at all times 
 convenient and accessible to the general public for the use of said 
 public weigher, or his deputies : Provided, The county court or the 
 judge thereof in vacation may, for the purposes of carrying into 
 effect the provisions of this act, purchase, or lease said ground and 
 scales aforesaid and maintain the same out of the general revenues of 
 said county as other expenses of said county are now provided for 
 by law; Provided further, That when any public weigher is elected 
 or appointed under this act, he shall be required to pay into the 
 treasury, for the use of said county in purchasing grounds, leasing 
 same or purchasing scales or leasing same, ten per cent in cash of the 
 gross receipts of his business and that of his deputies in quarterly 
 payments, same to be made on the first day the county court convenes 
 in its regular sessions. 
 
 Said scales, when so erected, shall be tested as is now provided by 
 law, and the public weigher and his deputies shall weigh, without un- 
 necessary delay, all cotton, cotton on the seed, corn, hay, wheat, oats, 
 grain, hogs, sheep, cattle, chickens in coops, coal or any other articles 
 of produce sold or marketed at his place of business or at any place 
 where deputies are appointed and located under the provisions of 
 this act where scales are maintained and said articles of produce are 
 presented to him or them to be weighed. It shall be the duty of said 
 public weigher or his duly appointed deputies to weigh such articles 
 
ARKANSAS 89 
 
 of produce and commodities without unnecessary delay and receive 
 therefor as compensation for his services the several amounts here- 
 inafter provided for by this act: Provided further, That until the 
 secretary of state shall "procure the tests and weights as provided in 
 section 8004, Kirby's Digest, the said public weigher and his deputies 
 shall be allowed to use scales which have been tested by the county 
 clerk of said county, and which said scales have been found to be 
 correct by his test so made, according to the weights and tests in his 
 office, and it shall be the duty of said cleric to make additional tests, 
 from time to time as shall seem necessary to insure their correctness, 
 as evidence of which said clerk shall issue to said public weigher, 
 and his deputies certificates under seal, and the certificates when so 
 issued, shall entitle them to weigh all or any of the articles mentioned 
 in this act, as they are presented for that purpose and manner as is 
 herein provided and to collect for his services the compensation here- 
 inafter provided for. 
 
 Sec. 5. Cotton and other commodities, how weighed and marked. — 
 The public weigher and his deputies shall weigh each bale of cotton 
 separately when so requested by the seller, and shall mark upon 
 each bale of cotton weighed in figures the weight thereof, and shall 
 also deliver to the person or persons having cotton weighed, giving 
 the number and weight of each bale of cotton, or if other produce or 
 live stock he shall deliver a certificate giving the weights of such 
 produce or livestock, and he shall also keep in a well-bound book 
 a record of weights and such other descriptive matter as shall be 
 necessary to at any time identify same ; a record of all cotton, corn, 
 wheat, hay, cattle, hogs, chickens in coop, coal, and such other articles 
 of produce weighed by him, together with a memorandum of the 
 buyer and seller of said articles of produce and livestock, and said 
 record shall be kept in his office subject to the inspection of any 
 person interested, and in addition the said public weigher shall 
 exhibit with his quarterly report to the county court the record re- 
 quired to be kept by him for each quarter to enable the judge of 
 said court to examine the same to the end that said report shall be 
 ascertained to be correct. 
 
 Sec. 6. Fees of public weigher. — Any public weigher elected under 
 the provisions of this act, or his deputies appointed shall receive 
 as compensation for his services ten cents a load for all produce 
 weighed except livestock on foot in which case he shall receive 
 twenty cents, except such stock that shall be weighed in a wagon 
 and then he shall receive the sum of ten cents for each load of 
 hogs or sheep and the said fees shall be paid in cash by the seller. 
 Sec. 7. Persons weighing 1 without authority; penalty. — If any person 
 or persons, other than the said public weigher or his legally ap- 
 pointed deputies, shall weigh or attempt to weigh any of the arti- 
 cles of produce or livestock mentioned in this act, when same is 
 marketed, in any town, [or] village where the said public weigher 
 or his legally appointed deputies keep scales, and are acting in 
 their official capacity, such person or persons shall be declared guilty 
 of a misdemeanor, and upon conviction thereof shall be fined in a 
 sum not less than ten dollars and each load of produce or drove 
 of stock so weighed or attempted to be weighed shall constitute a 
 separate offense. 
 
90 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8. Public weigher, successor in case of death or resignation. — In 
 case of death, resignation or removal from the county of Greene of 
 the public weigher, the county judge of county shall have the power 
 to appoint some person public weigher who when complying with 
 the provisions of this act, shall be entitled to act as public weigher 
 of Greene County. 
 
 Digest of the Statutes, Crawford and Moses, 1921, eh. 113, p. 1831. 
 
 Sec. 6985 (1901). Timber inspectors, who are. — The county surveyors 
 of each county of the State of Arkansas shall be ex officio timber 
 inspectors for their respective counties and shall discharge the duties 
 and receive the fees herein provided. 
 
 Sec. 6990. Deputies. — Said timber inspectors may appoint one or 
 more deputies for their respective counties, for whose conduct and 
 fidelity in the discharge of their duties as such said county inspector 
 making the appointment shall be responsible upon his official bond ; 
 and said county timber inspectors and their deputies shall have 
 power and authority to administer oaths for any purpose relating 
 to their office. 
 
 Sec. 6991. Duties of inspectors. — Said county timber inspectors shall, 
 in person or by deputy, at the request of any owner of logs, timber 
 or lumber, after a scalement or measurement thereof, make a bill, 
 stating therein the number of logs, the number of feet (board meas- 
 ure), contained in such logs and lumber and the number of feet, 
 cubic, running or board measure, contained in said timber, and at 
 whose request the same was scaled or measured, and to whom scaled 
 or measured, a copy of which bill he shall enter upon the books of 
 his office, to be provided by him and kept for that purpose, with the 
 marks as they occurred upon the logs. A correct bill of the same 
 shall be given to such owner, with a certificate thereto attached 
 that it is a true and correct bill, which bill, so certified, shall be pre- 
 sumptive evidence of the facts therein contained, and of the correct- 
 ness of such scalement or measurement in all courts, except in favor 
 of the inspector or deputy inspector who made the same. 
 
 Sec, 6992, Allowances for hollow, rotten, or crooked logs. — Said 
 county timber inspectors and their deputies shall, in surveying or 
 measuring logs, make such allowance for hollow, rotten or crooked 
 logs as would make them equal to good, sound, straight, merchant- 
 able logs; and all logs that are straight and sound are to be measured 
 at their full size, inside the bark at the small end; and all logs 
 over twenty-four feet long, not exceeding thirty-six feet, shall be 
 scaled or measured as two logs, allowing such rise from the first to 
 the second log as the same may require, or as may seem proper in 
 the opinion of the inspector or his deputy. 
 
 Sec. 6993. Deputies to make monthly statement. — Said county timber 
 inspector shall require of each of his deputies, at the end of each 
 month, a correct account of all of the logs, timber or lumber meas- 
 ured by him during the month next preceding, and he shall im- 
 mediately enter such account upon the books of his office. 
 
 Sec. 6994. Standard log measurement. — The Doyle stick or standard 
 of log measurement is declared to be the standard by which all saw- 
 logs bought, sold, cut or hauled in this State shall be scaled or esti- 
 
ARKANSAS 
 
 91 
 
 mated, and in scaling logs the average diameter inside the bark 
 shall be taken. 
 
 Sec. 7003 (1883). Fees.— They shall be entitled to receive the follow- 
 ing fees for services, viz : Five cents per thousand feet for scaling or 
 measuring and making out survey bills for all logs he is called 
 upon to scale or measure ; tweleve cents per thousand feet, running 
 measure, for measuring square timber; ten cents per thousand feet 
 for sawed lumber, including bills; and in all cases such fees shall 
 be paid by the owner of the logs, timber or lumber scaled or 
 measured. For recording each mark, fifty cents. For recording 
 any mortgage, bill of sale or other written instrument, the same 
 fees allowed by law to registers of deeds for recording like instru- 
 ments. 
 
 Digest of the Statutes, Crawford and Moses, 1921, ch. 121, p. 1889. 
 
 Sec. 7272 (1893). Weighman at mine; check weighman may be em- 
 ployed; powers and duties. — The weighman employed at any mine 
 shall, before entering upon his duties, take and subscribe on oath, 
 or affirmation, before some proper officer, to do justice between em- 
 ployer and employee, and to weigh the output from the mine hon- 
 estly and correctly. The miners engaged in working any mine shall 
 have the privilege, if they so desire, of selecting, by a majority 
 vote, and employing, at their own expense, a check-weighman who 
 shall in like manner take an oath, and who shall have like rights, 
 powers and privileges, in attending and seeing that coal is correctly 
 weighed, and who shall be subject to the same penalties as the 
 regular weighman, and each of such weighmen shall keep account 
 of all coal Weighed at the mines, in a well-bound book kept for 
 that purpose. Such oath or affirmation shall be kept posted in a 
 conspicuous place in the weigh office, and every owner, agent or 
 operator of any coal mine in this State shall keep a correct account 
 of the output of coal at his mine in a well-bound book kept for 
 that purpose, therein showing the amount of coal mined in each 
 day, in each month and in each year, and such account shall be 
 kept in the general office in this State of such owner, agent or 
 operator, subject at all times to the inspection of the inspector, 
 and if the mine be leased, subject also to the inspection of the owner 
 of the mine, his agent or attorney. 
 
 Sec. 7273 (1905). Mine scales.— It shall be the duty of every 
 corporation, company, or person engaged in the business of mining 
 and selling coal by weight or measure, and employing ten or more 
 persons, to procure and constantly keep on hand at the proper place 
 the necessary scales and measures and 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. 
 
92 LAWS CONCEKNING WEIGHTS AND MEASUKES 
 
 Sec. 7274. Testing weights at mines. — Every agent, owner, lessee, 
 or operator engaged in mining coal in any quantity, where ten 
 or more men are worked underground, shall furnish and keep on 
 hand for the use of the State mine inspector, for inspecting, testing, 
 and examining scales, 500 pounds of United States standard testing 
 weights. 
 
 Sec. 7276 (1915). Coal not to be screened before being weighed, ex- 
 ceptions; proviso; dimensions of screen; penalty. — It shall be unlawful 
 for any mine owner, lessee or operator of coal mines in this State, 
 where ten or more men are employed underground, employing 
 miners at bushel or ton rates, or other quantity to pass the output of 
 coal mined by said miners over any screen or any other device which 
 shall take any part from the value thereof before same shall have 
 been weighed and duly credited to the employee sending the same to 
 the surface, and accounted for at the legal rate of weights as fixed by 
 the laws of Arkansas, and no employee within the meaning of this 
 act shall be deemed to have waived any right accruing to him under 
 this section by any contract he may make contrary to the provisions 
 thereof, and any provisions, contract or agreement between the mine 
 owners, lessees or the operators thereof, and the miners employed 
 therein, whereby the provisions of this act are waived, modified or 
 annuled, shall be void and of no effect, and the coal sent to the sur- 
 face shall be accepted or rejected ; and, if accepted, shall be weighed 
 in accordance with the provisions of this act, and right of action 
 shall not be invalidated by reason of any contract or agreement; 
 Provided, That in Kane Creek, River and Logan Townships in 
 Logan County, and all of Johnson County, except Grant Township, 
 all coal mined and paid for by weight may be paid for On the mine- 
 run basis or upon the screen-coal basis, which shall be a matter of 
 agreement between the operators and he miners: Provided further, 
 That if any coal shall be mined on the screen-coal basis it shall pass 
 over the following kind of a screen, to wit : The screen shall not be 
 more than four feet wide and not more than twelve feet long, made 
 of steel or iron bars, which shall not be less than five-eighths of an 
 inch in thickness on the face and not less than five-sixteenths of an 
 inch in thickness on the bottom and not less than one and one-fourth 
 of an inch [in width and shall be in no case more than one and one- 
 fourth of an inch apart. Said screen] 1 shall be supported by rests 
 or crossbars. It shall in no event be placed more than three feet 
 apart. The screen bars shall be placed upon rests in such a manner 
 is to prevent spreading and said rests or crossbars shall be firmly 
 fastened to each side of the chute through which the coal passes. 
 Said rests or crossbars shall be so arranged as in no case to rise above 
 the top of the screen bars in such manner as to retard the speed of 
 the coal in passing over the screen. Where coal is screened before it 
 is weighed, it shall be dumped upon bat [flat x ] sheets and passed over 
 the screen as described above, and there shall be no obstruction on 
 said screens. 
 
 Any owner, agent, lessee or operator of any coal mine in this 
 State where ten or more men are employed underground, who shall 
 knowingly violate any of the provisions of this section, shall be 
 
 1 The words in brackets are contained in the act as it appears in the Session naws o,' 
 191-5, ch. 49, p. 157. 
 
ARKANSAS 
 
 93 
 
 deemed guilty of a misdemeanor, and upon conviction shall be pun- 
 ished by a fine of not less than two hundred dollars nor more than 
 five hundred dollars for each offense, or by imprisonment in the 
 county jail for a period of not less than sixty [days] nor more than 
 six months, or both such fine and imprisonment; and each day any 
 mine or mines are operated thereafter shall be a separate and distinct 
 offense; proceedings to be instituted in any court having competent 
 jurisdiction. 
 
CALIFORNIA 
 
 Par. 14, Art. XI, Const., as amended in 1911. 
 
 The legislature may by general and uniform laws provide for the 
 inspection, measurement, and graduation of merchandise, manufac- 
 tured articles and commodities, and may provide for the appoint- 
 ment of such officers as may be necessary for such inspection, meas- 
 urement and graduation. 
 
 Stats, and Amendments to the Codes, 1921, ch. 606, p. 1036. 
 
 Sec. 1. Department of agriculture; divisions; powers transferred to 
 department. — The Political Code is hereby amended by adding a new 
 article to chapter three of title one of part three thereof, to be num- 
 bered article two b, embracing sections three hundred sixty-one to 
 three hundred sixty-one e, and to read as follows : 
 
 Article lib. Department of agriculture; divisions; powers transferred to 
 
 department 361. A department of the government of the State of 
 
 California to be known as the department of agriculture is hereby 
 created. The department shall be conducted under the control of 
 an executive officer to be known as director of agriculture, which 
 office is hereby created. The director shall be appointed by and hold 
 office at the pleasure of the governor, and shall receive a salary of 
 five thousand dollars per annum. * * * 
 
 361a. For the purpose of administration, the department shall be 
 forthwith organized by the director in such manner as, with the 
 approval of the governor, shall be deemed necessary to properly 
 segregate and conduct the work of the department. The work of 
 the department shall be organized into at least five divisions to be 
 known respectively as the division of plant industry, the division of 
 agricultural chemistry, the division of animal industry, the division 
 of markets, and the division of weights and measures. The director, 
 with the approval of the governor, may create such other divisions 
 and subdivisions as may be necessary, and change or abolish the same 
 from time to time with the approval of the governor. The director 
 shall act as chief of one of the divisions without additional com- 
 pensation. * * * 
 
 361b. The department of agriculture except as in this act other- 
 wise provided shall succeed to and is hereby invested with all the 
 duties, powers, purposes, responsibilities and jurisdiction of the 
 * * * State superintendent of weights and measures, State market 
 director, State market commission, and of the several officers, deputies 
 and employees of such bodies and offices ; and, whenever by the pro- 
 visions of any statute or law now in force or that may hereafter 
 be enacted a duty or jurisdiction is imposed or authority conferred 
 upon any of said bodies, offices, deputies, or employees, or upon 
 any other person by any statute, the enforcement of which is trans- 
 ferred to the department, such duty, jurisdiction and authority are 
 
 94 
 
CALIFOBNIA 95 
 
 hereby imposed upon and transferred to the department of agri- 
 culture and the appropriate officers thereof with the same force and 
 effect as though the title of said department of agriculture had 
 been specifically set forth and named therein, in lieu of the names 
 of any such board, commission, office, officer, deputy or employee 
 thereof as the case may be. Said bodies and offices, the duties, 
 powers, purposes and responsibilities of which are so transferred 
 to and vested in the department of agriculture and the positions 
 of all officers, deputies and employees thereunder are and each of 
 them is hereby abolished and shall have no further legal existence, 
 but the statutes and laws under which they existed and all laws pre- 
 scribing their duties, powers, purposes and responsibilities and juris- 
 diction together with all lawful rules and regulations established 
 thereunder, are hereby expressly continued in force. The depart- 
 ment of agriculture shall also be in possession and control of all 
 records, books, papers, offices, equipment, supplies, moneys, funds, 
 appropriations, land and other property, real or personal, now or 
 hereafter held for the benefit or use of said bodies, offices and 
 officers. 
 
 General Laws, 1915, Deering, Act 4385, p. 2121. 
 
 Sec. 5 (1913). Standards of weights and measures. — The standards of 
 weights and measures received from the United States under a reso- 
 lution of Congress approved June 14, 1836, and such new weights 
 and measures as shall be received from the United States as standard 
 weights and measures in addition thereto or renewal thereof, and 
 such as shall be procured by the State in conformity therewith and 
 certified by the National Bureau of Standards, shall be the State 
 standards by which all State, county and municipal standards of 
 weights and measures shall be tried, proved and sealed. 
 
 Sec. 6, as amended by Stats, and Amendments, 1917, ch. 786, p. 1648. 
 Custody of standards; tolerances. — The standards referred to in the 
 preceding section shall be kept by the State superintendent [depart- 
 ment of agriculture] in a safe and suitable place in his office from 
 which they shall not be removed except for repairs or certification. 
 He shall maintain such standards in good order and shall submit 
 them at least once in ten years to the National Bureau of Standards 
 for certification. Upon demand the secretary of state shall deliver 
 to the State superintendent [department of agriculture] all standards 
 now under the control and in the possession of the secretary of 
 state in his capacity of ex officio State sealer of weights and measures. 
 The State superintendent [department of agriculture] shall there- 
 upon submit such standards received from the secretary of the state 
 to the National Bureau of Standards for certification, and he shall 
 replace such standards as are incorrect and purchase such additional 
 standards as shall be necessary to complete and make up a complete 
 standard of weights and measures as required by this act. He shall 
 also purchase such apparatus as shall be found necessary to a proper 
 prosecution of the work of the office. The State superintendent of 
 weights and measures [department of agriculture] may establish 
 tolerances and specifications for commercial weighing and measur- 
 ing apparatus for use in the State of California similar to the toler- 
 ances and specifications recommended by the National Bureau of 
 
 517—26 7 
 
96 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Standards, and he may establish a standard net weight, or net 
 measure, or net count of any commodity, produce or article except 
 any manufactured commodity consisting of four or more staple in- 
 gredients, and prescribe such tolerances for same as he may in his 
 best judgment deem necessary for the proper protection of the public. 
 Any person violating such standards or tolerances shall be guilty 
 of a misdemeanor. 1 
 
 Sec. 8 (1913). Copies furnished cities, etc.; testing. — The State super- 
 intendent [department of agriculture] shall, at the request of the 
 legislative body of any county, city, town, or city and county, furnish 
 to said county, city, town, or city and county, copies of the standard 
 weights and measures of the State ; such copies shall be furnished at 
 the expense of the county, city, town, or city and county requesting 
 the same. He shall upon request of the legislative body of any 
 county, city, town, city and county, or upon the request or a sealer 
 of weights and measures of any such county, city, town or city 
 and county, appointed pursuant to the provisions of this act, test 
 and accurately approve copies of the State's standards 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 per- 
 formance and discharge of his duties. Copies furnished under the 
 provisions of this section or copies tested and approved by the State 
 superintendent under the provisions of this section shall be true 
 and correct; shall be sealed and certified to by the State superin- 
 tendent [department of agriculture] and stamped with the letter 
 " C." Such copies need not be of the same material or construction 
 as the standards of the State and such copies may be furnished in 
 any suitable materials or construction that the county, city, town, 
 or city and county requiring the same may specify, subject to the 
 approval of the State superintendent [department of agriculture]. 
 
 Sec. 9. Inspection of standards used by cities, etc.; expense; complete 
 set of copies. — The State superintendent [department of agriculture] 
 shall inspect and correct the standards used by each county, city, 
 town and incorporated city and county of the State, and at least 
 once in two years compare the same with those in his possession and 
 keep a record of the same, and where not otherwise provided by law 
 he shall have general supervision of the weights and measures and 
 weighing and measuring devices offered for sale, sold or in use in the 
 State. Sealers of weights and measures appointed under the pro- 
 visions of this act shall, upon the request of the State superintendent 
 [department of agriculture], deliver to the State superintendent 
 [department of agriculture] at his office the copies of the State's 
 standards of weights and measures in their possession, and used in 
 the discharge and performance of their duties, for verification and 
 certification by the State superintendent [department of agriculture] . 
 The actual expense of such comparison and verification shall be 
 borne by the county, city, town or city and county whose weights 
 and measures are compared and verified. In addition to the stand- 
 ards heretofore referred to and required to be kept by the State, the 
 State shall also have a complete set of copies of said original stand- 
 ards of weights and measures adopted by this act, which shall be 
 used for adjusting county and municipal standards by the State 
 
 1 No section numbered 7. 
 
CALIFORNIA 97 
 
 superintendent [department of agriculture] and his deputy in the 
 performance of their duties and the original standards shall not be 
 used except for the adjustment of this set of copies and for certifica- 
 tion purposes. Additional complete sets of copies of such original 
 standard of weights and measures may be purchased by the superin- 
 tendent [department of agriculture] when the same are necessary 
 for use by any deputy State superintendent employed by counties 
 under section sixteen of this act. The State, however, shall be reim- 
 bursed for the purchase of such copies by the county in which the 
 same are used, in the manner hereinafter provided. 
 
 Sec. 10. Testing of weights and measures used by State institutions. — 
 The State superintendent or his deputy [department of agriculture] 
 shall, at least once annually and as often as requested by the State 
 board of control or the executive officers of the institutions herein re- 
 ferred to, test the scales, weights and measures used in checking the 
 receipt and disbursement of supplies in every institution conducted 
 by the State, and he shall report in writing his findings to the execu- 
 tive officer of the institution concerned and to the State board of 
 control. 
 
 Sec. 11. Inspecting work of local sealers. — The State superintendent 
 [department of agriculture] or his deputy shall at least once in two 
 years visit the various cities and counties of the State and inspect 
 the work of the local sealers of weights and measures, and in the 
 performance of said duties he or his deputy may inspect the weights, 
 measures, balances or any other weighing or measuring devices of 
 any person, firm or corporation. The State superintendent [depart- 
 ment of agriculture] and his deputy shall have all the powers of 
 sealers of weights and measures provided for in this act. 
 
 Sec. 12 (al915). Charges against sealers neglecting duties; hearing; 
 copy furnished accused; if found guilty; accusation to superior court; 
 unlawful to sell weighing instruments. — The State superintendent [de- 
 partment of agriculture], if he finds that any sealer of weights and 
 measures appointed under the provisions of this act, or any sealer 
 or deputy sealer appointed by any city or county in this State, prior 
 to this act, has refused or neglected to perform the duties of his office 
 or refused to accept the recommendations and instructions of the 
 State superintendent [department of agriculture] or is guilty of any 
 malfeasance in office or who is incompetent, shall present to the 
 body, officer or board having power to remove such 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 which shall be not less than ten or more than 
 twenty days from the date upon which such charge and accusation 
 shall have been filed, and shall in such order fix the time and place 
 for such hearing. A copy of such charge and accusation, together 
 with a copy of such order, shall be served upon the accused at least 
 seven days prior to the time fixed for such hearing : Provided, That in 
 the event he shall absent himself from his usual place of business, 
 or office, such service may be made by depositing such copies in a 
 
98 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 conspicuous place therein or by leaving the same at the last known 
 place of residence of the accused, within the time above limited. At 
 such hearing the accused shall have the right to be represented by 
 counsel, if he so desires, and to produce witnesses and documentary 
 evidence in his defense. If, upon such hearing, he be found guilty 
 of malfeasance in office, or adjudged to be incompetent to perform 
 the duties of his office, the body, officer or board before whom such 
 hearing is had must forthwith remove him from office. If he be 
 found 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 deter- 
 mine. If he has reason to believe that any such sealer or deputy 
 sealer of weights and measures has committed any of the offenses 
 specified in section seven hundred and seventy-two of the Penal Code, 
 the State superintendent [department of agriculture] may, in his 
 discretion, present an accusation to the superior court of the county 
 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 shali 
 not in any wise detract from the right of the appointing power to 
 remove at will any such sealer or deputy sealer of weights and meas- 
 ures. It shall be unlawful for the State superintendent [department 
 of agriculture], his deputies, or any sealer of weights and measures 
 to keep for sale, or offer or expose for sale, or to sell to any person, 
 firm, or corporation, or dealer in goods, wares and merchandise, 
 doing or intending to do business in the State of California any 
 weighing or measuring instrument, or to be interested directly or 
 indirectly in the sale of any weighing or measuring instrument. 
 
 Sec. 13 (1913). Investigate conditions in State. — It shall be the duty 
 of the State superintendent [department of agriculture] to investi- 
 gate conditions in the various counties, cities, and towns of the State 
 in respect to weights and measures, and to the sale of goods, wares 
 and merchandise, commodities and foodstuffs in containers. The 
 State superintendent [department of agriculture] shall annually re- 
 port to the governor, and shall prior to each regular session report 
 to the legislature the work of his office, and shall make such recom- 
 mendations as he shall deem proper and necessary. 
 
 Sec. 14. Instructions to sealers. — The State superintendent [depart- 
 ment of agriculture] shall issue instructions and make recommen- 
 dations to the county and municipal sealers of weights and meas- 
 ures, appointed under the provisions of this act, and such instruc- 
 tion and recommendations shall govern the procedure to be followed 
 by the aforesaid officers in the discharge of their duties. 
 
 Sec. 15. Record of acts done. — The State superintendent [department 
 of agriculture] shall keep in his office 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. 
 
 Sec. 16 (al915). Office of sealer of weights and measures created; com- 
 pensation; term; deputies; failure of legislative body to appoint; cost of 
 copies. — The office of sealer of weights and measures is hereby created. 
 Whenever in this act the term " sealer " is used, the same shall be 
 
CALIFORNIA 99 
 
 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 
 governor, it shall be the duty of the board of supervisors of each of 
 the countries of the State except as hereinafter provided, to appoint 
 a sealer of weights and measures for their respective counties; said 
 sealer shall receive as compensation the sum of five dollars per day 
 for each day actually employed in the service of the county, to be 
 audited and paid as other claims against the county. He shall be 
 allowed his traveling expenses actually and necessarily incurred in 
 the performance of his duties. The term of office of such sealer of 
 weights and 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 when necessary or 
 expedient to carry out the provisions of this act. The compensation 
 of such deputies shall be the same as the county sealer and paid in 
 the same manner. Such deputies shall always be subject to removal 
 by the sealer of weights and measures. In case the legislative body 
 of any county or city and county shall not appoint a sealer for such 
 county or city and county within thirty days after written request 
 for such appointment by the State superintendent [department of 
 agriculture], is received, said State superintendent shall assign as 
 soon as practicable a deputy superintendent who shall perform all 
 the duties of sealer in such county or city and county as provided in 
 this act to be performed by county or city sealers and to provide 
 copies of the original standards of weights and measures for use by 
 said deputy in such county. The actual cost of such services shall 
 be paid by the county in the same manner in which other claims 
 against the 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 superintendent is employed in such county in addition to 
 the actual traveling expenses of such deputy made necessary by such 
 appointment. The county shall also stand its proportionate share of 
 the actual cost of the set of copies to be used in such county by such 
 deputy, at the rate of one-twelfth of the cost thereof for every 
 month such copies are employed therein during the first year of their 
 use, and in that event such county may at any time pay the balance 
 of the cost of such copies and become the owner thereof, or the 
 county may pay rental to the State for the use of such copies at the 
 rate of ten per cent per annum of the cost price thereof. 
 
 Sec. 17, as amended by Stats, and Amendments, 1921, ch. 39, p. 41. 
 Appointment of sealers; compensation; traveling expenses; term; in coun- 
 ties of second class with charters ; in counties of third class ; appointment 
 of deputies in certain counties by State superintendent. — The legislative 
 body of any county or consolidated city and county of the first to 
 the thirty-fifth classes, both inclusive, and the legislative body of 
 any city or town may appoint 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 compensation 
 the sum of one hundred fifty dollar per month, or at the rate of 
 one hundred fifty dollars per month for each month or part thereof 
 actually employed in the service of such county, or city and county, 
 
100 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 or city and town. He shall be allowed his traveling expenses achi- 
 ally and necessarily incurred in the performance of his duties; and 
 such deputies shall each receive as compensation the sum of five 
 dollars per day for each day actually employed in the service of 
 such county, or city and county, or city and town. They shall be 
 allowed their traveling expenses actually and necessarily incurred 
 in the performance of their duties. The term of office of sealer of 
 weights and measures appointed under the provisons of this section 
 shall be four years. He shall be subject to removal by the power 
 appointing him. Deputies appointed under the provisions of this 
 section 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 charters provide for a de- 
 partment of weights and measures, the appointment of a sealer and 
 deputies, the number of such deputies and the term of office thereof 
 shall be as provided in said charter: Provided, That the sealer shall 
 receive for compensation the sum of three thousand dollars per an- 
 num, and one deputy, to be known as chief deputy, shall receive as 
 compensation 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 in the 
 same manner as the salaries of other county officers are paid. In 
 counties of the third class the sealer shall receive as compensation the 
 sum of three thousand dollars per annum, and deputies shall 
 each receive as compensation the sum of two thousand dollars 
 per annum, payable in the same manner as the salaries of other 
 county officers are paid. 
 
 In all counties other than those of the first to the thirty-fifth 
 classes, both inclusive, no county sealer or deputies shall be appointed 
 by the legislative body thereof, but the State superintendent of 
 weights and measures [department of agriculture] shall assign to 
 such counties, or groups of such counties, such deputy superin- 
 tendents as may be necessary, but not more than one to each of such 
 counties. Such deputies shall have jurisdiction over such county, 
 or group of counties, as the State superintendent [department of 
 agriculture] may designate, except within the territorial limits of 
 those cities and towns within which sealers have been appointed 
 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 dollars a day for 
 each day employed therein, which shall not exceed one hundred 
 and twenty days in any one county in any one year, and they shall 
 also receive from such county their actual traveling expenses. The 
 terms of office of all sealers and deputy sealers in all counties other 
 than those of the first to the thirty-fifth classes, both inclusive, 
 shall terminate when this section becomes effective. 
 
 Sec. 18 (1913). Jurisdiction of sealers. — The jurisdiction of a sealer 
 appointed or a deputy State sealer employed for a county shall 
 extend over the entire territorial limits of the county appointing 
 such sealer, except within the territorial limits of those cities and 
 towns within which sealers have been appointed under the pro- 
 visions of this act. The jurisdiction of the sealer of weights and 
 measures appointed by the legislative body of any city or town 
 
CALIFORNIA 101 
 
 under the provisions of- this act shall extend over the entire terri- 
 torial limits of such city or town. 
 
 Sec. 19. Sealers appointed heretofore not affected. — This act shall not 
 affect the appointment of any sealer of weights and measures here- 
 tofore appointed for any city, town or 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. Copies of standards for counties, etc. — Except as herein other- 
 wise provided the board of supervisors or legislative body of each 
 county, city, town and city and county of the State shall, upon the 
 appointment of a sealer under the provisions of this act, provide and 
 procure for their respective county, city, town and city and county, 
 copies of the State's standards of weights and measures at the ex- 
 pense of such county, city, town or city and county; such copies 
 shall be verified and certified to by the State superintendent of 
 weights and measures [department of agriculture] as in section eight 
 of this act provided. 
 
 Sec. 21. Copies to be tested. — Sealers appointed under the provisions 
 of this act shall, at least every two years, cause to be proved and 
 tested by the State superintendent [department of agriculture] 
 copies of the State's standards in their possession. If, upon such 
 inspection, or any inspection by the State superintendent [depart- 
 ment of agriculture], the copies of the weights and measures tested 
 shall be found to be incorrect, the same shall be adjusted, if the 
 same are susceptible of being adjusted, but if not, new copies shall 
 be procured and certified to in the same manner as original copies. 
 
 Sec. 22. Copies deemed correct. — In any prosecution for a violation 
 of any of the provisions of this act any copy of the standards of 
 weights and measures of the State furnished, procured and certified 
 to under the provisions of this act, shall be admitted in evidence 
 upon the trial, and such copy shall be deemed prima facie true and 
 correct. 
 
 Sec. 23. Duties of sealers. — It shall be the duty of any sealer of 
 weights and measures to carefully preserve all copies of the stand- 
 ards of weights and measures in his possession, and to keep the same 
 in a safe and suitable place when not actually in use ; and it shall be 
 his duty annually and at such other times as the State superintend- 
 ent [department of agriculture] may require to file with such super- 
 intendent [department of agriculture] a written report of the 
 work done by him of the weights, measures, weighing and measur- 
 ing instruments inspected or tested by him and of the result of 
 such inspection, of all prosecutions instituted by him for violations 
 of the provisions of this act and of all other matters and things per- 
 taining to his duties or which may be required by the State super- 
 intendent [department of agriculture]. 
 
 Sec. 24. Dealers in weighing and measuring instruments to have same 
 tested. — Every person using or keeping for use or having or offering 
 for sale weights, scales, beams, measures of every kind, instruments 
 or mechanical devices for weighing oi measurement, and tools, ap- 
 pliances and accessories 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 
 
102 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 this act, shall within three months after the appointment of such 
 sealer cause all such weights, scales, beams, measures of every kind, 
 instruments or mechanical device for weighing or measurement, and 
 tools, appliances and accessories connected with any or all such in- 
 struments or measures to be sealed and marked by the sealer of 
 weights and measures of the county, city, town or city and county in 
 which the same are used, kept for use or kept or offered for sale. 
 
 Sec. 25. Instruments must be tested before sale. — No weight, scale, 
 beam, measure of any kind, instrument or mechanical device for 
 weighing or measurement, nor tools, appliances or accessories con- 
 nected with any or all of such instruments or measures shall be used, 
 kept for use, sold, offered for sale or kept for sale in any county, 
 city, town or city and county, in which there is a sealer appointed 
 under the provisions of this act and in which for three months there 
 has been continuously in office in ^uch county, city, town or city and 
 county a sealer, unless such weight, scale, beam, measure of any kind, 
 instrument or mechanical device for weighing or measurement, and 
 tools, appliances and accessories connected with any or all such in- 
 struments or measures shall have been sealed and tested as in this act 
 provided. 
 
 Sec. 26. Instruments which may be sold and used; subject to inspec- 
 tion. — When any weight, scale, beam, measure of any kind, instru- 
 ment or mechanical device for weighing or measurement, and tools, 
 appliances and accessories connected with any or all such instruments 
 or measurements have been tested and found correct by any sealer 
 appointed under the provisions of this act, the same may be used, 
 kept for use, offered for sale, sold, or kept for sale within any county, 
 city, town or city and county of this State for one year without any 
 further test. Any weight, scale, beam, measure of any kind, instru- 
 ment or mechanical device for weighing or measurement, and tools, 
 appliances and accessories connected with any or all such instruments 
 or measures, which have been tested and sealed and certified to as 
 correct by the National Bureau of Standards, may be kept for sale, 
 sold or offered for sale without being first tested and sealed by a 
 sealer as in this act provided. But all such weights, scales, beams, 
 measures of any kind, instruments or mechanical devices for weigh- 
 ing or measurement, and tools, appliances and accessories connected 
 with any or all such instruments or measures shall always be subject 
 to inspection and testing as herein provided, notwithstanding that 
 the same have been tested and sealed either by a sealer appointed 
 under the provisions of this act or by the National Bureau of 
 Standards. 
 
 Sec. 27. Testing of devices which must be assembled before use. — Any 
 scale, beam or mechanical device for weighing or measuring, which, 
 after being sold and before being used for weighing or 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 provided. 
 
 Sec. 28. Testing upon request of resident ; testing upon request of firm, 
 etc., using; not relieved from violation. — Upon a written request of any 
 resident of a county, city, town or city and county, in which there 
 
CALIFORNIA 103 
 
 has been appointed a sealer under the provisions of this act, there 
 appearing reasonable ground therefor, the sealer for such county, 
 city, town or city and county shall test or cause to be tested, as soon 
 thereafter as is practicable, the weights, scales, beams, measures of 
 any kind, instruments or mechanical devices for weighing or meas- 
 urement, tools, appliances and accessories connected with any or all 
 such instruments or measurements used in buying or selling by the 
 person, firm or corporation, designated in such request. Upon the 
 written request of any person, firm or corporation, using, having 
 for use, selling, keeping or offering for sale any weight, scale, beam, 
 measure of any kind or instrument or mechanical device for weigh- 
 ing 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 instru- 
 ments or measures belonging to or used by such person, firm or 
 corporation; but such written request shall not relieve the person, 
 firm or corporation making it from any violation of the provisions 
 of this act or of the responsibility provided in this act for using, 
 keeping for use, selling or offering to sell, or keeping for sale, any 
 false weight, scale, beam, measure of any kind, instrument or me- 
 chanical device for weighing or measurement, tools, appliances and 
 accessories connected with any or all such instruments or measures. 
 Sec. 29. Duties of sealers; weigh packages. — The sealer shall, within 
 his county, city, town or city and county, inspect, try, test all 
 weights, scales, beams, measures of any kind, instruments or me- 
 chanical devices for weighing or measurements, and tools, appliances 
 and accessories connected with any or all such instruments or meas- 
 ures, kept for the purpose of sale, sold, or used by any proprietor, 
 agent, lessee or employee in proving the size, quantity, extent, area, 
 weight or measurement of quantities, things, produce, articles for 
 distribution or consumption, purchased or offered or submitted by 
 such person or persons for sale, hire or award and ascertain if the 
 same are correct; and he shall have the power to and shall, from 
 time to time, weigh or measure packages or amounts of commodities 
 of whatsoever kind kept for the purpose of sale, offered for sale or 
 sold, or in the process of delivery, in order to determine whether 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 mentioned, and in the general performance of his duty, with- 
 out formal warrant, enter or go into or upon, any stand, place, 
 building or premises or stop any vendor, peddler, junk dealer, driver 
 of a coal wagon, ice wagon or delivery wagon or the driver of any 
 
 
104 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 wagon containing commodities for sale or delivery and, if necessary, 
 require him to proceed to some place which the sealer may specify 
 for the purpose of making the proper tests. 
 
 Sec. 30. Violators prosecuted. — Any sealer having knowledge of a 
 violation of any of the provisions of this act, or of any law relating 
 to weights and measures shall cause the violator to be prosecuted. 
 
 Sec. 31. Marking weights and measures tested, etc.; "out of order"; 
 removal of tags prohibited. — Whenever a sealer compares weights and 
 measures or weighing or measuring instruments and finds that they 
 correspond, or causes them to correspond, to the standards in his 
 possession, he shall seal or mark, under his name, such weight or 
 measure or weighing or measuring instrument with an appropriate 
 device showing that the weight or measure or weighing or measuring 
 instrument is correct and the date of the inspection, which device 
 shall be placed so as to be easily seen. He shall condemn and seize 
 and may destroy incorrect weights and measures and weighing and 
 measuring instruments which in his best judgment are not susceptible 
 of repair, but any weight, measure or weighing or measuring instru- 
 ment which shall be found to be incorrect, but which in his best 
 judgment is 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 measur- 
 ing instruments which have been marked " out of order," as in this 
 section provided, may have the same repaired or corrected within 
 thirty days, but until the same have been repaired or corrected and 
 tested as herein provided the owners or users thereof may neither use 
 nor dispose of the same in any way, but shall hold the same at the 
 disposal of the sealer. When the same have been repaired or cor- 
 rected the owner or user thereof shall notify the sealer and the sealer 
 shall again test and prove the weight, measure, or weighing or 
 measuring instrument, which had been found incorrect and marked 
 as in this section provided, and until such weight, measure, or 
 measuring or weighing instrument has been reinspected by the sealer 
 and 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 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 instrument in the manner provided for the marking of 
 the same where upon inspection they are found correct. 
 
 Sec. 32, as amended by Stats, and Amendments, 1917, ch. 786, p. 1650. 
 Penalty for possessing or using false weights and measures. — Any per- 
 son who, by himself, or his employee or agent, or as the employee 
 or agent of another, shall use, in the buying or selling of any com- 
 modity, or retain in his possession a false weight or measure or 
 weighing or measuring instrument, or shall offer or expose for sale, 
 or sell, except as heretofore specifically allowed in section twenty- 
 seven of this act, or use or retain in his possession any weight or 
 
CALIFORNIA 105 
 
 measure or weighing or measuring instrument in any county, city, 
 town, or city and county in which there has been appointed a sealer 
 of weights and measures in accordance with the provisions of this 
 act, which has not been sealed by a sealer within one year, or who 
 shall use or dispose of any condemned weight or measure, or weigh- 
 ing or measuring instrument contrary to law, or any person who, 
 by himself, or his employee or agent, or as the employee or agent of 
 another, shall sell or offer or expose for sale or use or have in his 
 possession for the purpose of selling or using any device or instru- 
 ment to be used or calculated to falsify any weight or measure, and 
 any person who, by himself, or his employee or agent, or as the 
 employee or agent of another, shall sell or offer or expose for sale 
 any commodity, produce, article or thing in a less quantity than he 
 represents it to be or contain, shall be guilty of a misdemeanor. 
 Possession of any false weight or measure or weighing or measuring 
 instruments or records thereof shall be prima facie evidence of the 
 fact that they were intended to be used in the violation of law. 
 
 Sec. 32a, as enacted by Stats, and Amendments, 1917, ch. 786, p. 1650. 
 Sale of commodities at other than net weight, etc., misdemeanor. — No 
 person shall by himself or his employee or agent, or as the employee 
 or agent of another sell or offer or expose for sale any commodity, 
 produce, article or thing at, by, or according to gross weight or 
 measure, or at, by, as, of, or according to any weight, measure or 
 count which is greater than the true net weight, measure or count 
 thereof, or which is less than the standard net weight, standard net 
 measure or standard net count, including tolerances, as such stand- 
 ards and tolerances are now or may hereafter be established pursu- 
 ant to the provisions of this act. Any person violating any of the 
 provisions of this section shall be guilty of a misdemeanor. 
 
 Sec. 33 (1913). Power of peace officers. — The State superintendent 
 [department of agriculture], his deputy, all sealers and their depu- 
 ties, in the performance of their official duties, shall have the same 
 powers as are possessed by peace officers of this State. 
 
 Sec. 34. Hindering sealers. — Any person who shall hinder or obstruct 
 in any way the State superintendent [department of agriculture] or 
 his deputy, or a sealer or his deputy, in the performance of their 
 official duties, shall be guilty of a misdemeanor. 
 
 Sec. 35. Refusing to exhibit weights and measures. — Any person neg- 
 lecting or refusing to exhibit any weight, measure, or weighing 
 or measuring instrument of any kind, or appliances and acces- 
 sories connected with any or all of such instruments or measures 
 which is in his possession or under his control, to the state superin- 
 tendent [department of agriculture], or his deputy, or to a sealer or 
 his deputy, for the purpose of allowing the same to be inspected and 
 examined as in this act provided, shall be guilty of a misdemeanor. 
 
 Sec. 36. Refusing to exhibit commodities. — Any person, who by him- 
 self, or his employee or agent, or as a proprietor or manager, shall 
 refuse to exhibit any article, commodity, produce or anything being 
 sold or offered for sale at a given weight or quantity, or ordinarily 
 so sold, to the State superintendent [department of agriculture], 
 or to his deputy, or to a sealer or his deputy, for the purpose of 
 allowing the same to be tested and proved as to the quantity con- 
 tained therein as in this act provided, shall be guilty of a misde- 
 meanor. 
 
106 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 Sec. 37. Penalty for false sealing. — Any sealer who shall seal any 
 weight, measure, balance or apparatus before first testing and mak- 
 ing the same conform with the standards of the State, or who shall 
 condemn any weight, measure, balance or apparatus without first 
 testing the same, shall be deemed guilty of a misdemeanor. 
 
 Sec. 38. Misdemeanor. — Any person violating any of the provisions 
 of this act shall be guilty of a misdemeanor. 
 
 Sec. 39. " Person." — The word " person," as used in this act, shall 
 be deemed to include person, firm or corporation. 
 
 Sec. 40. Duty of officers of corporations. — It shall be the duty of all 
 officers, directors and managers of corporations, whose 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 pro- 
 visions of this act on behalf of their respective corporations; and 
 it shall be the duty of all officers, directors and managers of cor- 
 porations, whose respective corporations offer for sale or keep for 
 sale any commodity, produce, article or thing which is subject to 
 inspection by the provisions of this act, to comply therewith on 
 behalf of their respective corporations. In case any corporation 
 shall violate any of the provisions of this act, the corporation and 
 the officers thereof directly concerned with the act or acts consti- 
 tuting such violation shall be severally guilty of a misdemeanor. 
 
 Sec. 41. Sealing by State superintendent. — Any sealing or testing of 
 any weight, measure, weighing or measuring instrument by the 
 State superintendent [department of agriculture] or his deputy 
 shall have the same force and effect as a sealing or testing by a 
 sealer or his deputy. 
 
 Sec. 43, as amended, by Stats, and Amendments, 1917, ch. 786, p. 1650. 
 Title of act. — This act when cited or amended may be designated as 
 the " weights and measures act." 
 
 Stats, and Amendments, 1921, ch. 704, p. 1196. 
 
 Section 1. Standard weights for loaves of bread; small loaf; standard 
 large loaf; tolerances; twin and multiple loaves. — All loaves of bread 
 made or procured for the purpose of sale, sold, offered or exposed 
 for sale in the State of California shall weigh, six hours after 
 baking, not less than sixteen ounces avoirdupois, except as herein- 
 after provided, and such weight shall be the standard weight of a 
 small loaf in the State of California. Bread may also be made or 
 procured for sale, sold or offered or exposed for sale in twenty-foui 
 ounce loaves, which shall be known as a standard large loaf ; also, in 
 midtiples of the standards fixed for the small and large loaves and 
 no other. Commercial tolerances in excess are hereby fixed for small 
 loaves of one ounce and for large loaves of two ounces, and there 
 shall be no tolerance below or in deficiency of the fixed standard 
 weight. Bread commonly known as " twin loaves " or multiple 
 loaves may be made or procured for the purpose of sale, sold, offered 
 or exposed for sale, providing each unit of such " twin " or multiple 
 loaf conforms to the standard weights as herein fixed. The com- 
 mercial tolerance fixed for small loaf shall apply to each unit of the 
 " twin " or multiple loaf. 
 
 Sec. 2. Penalty; time of inspection. — Any person, firm or corporation 
 who shall make or procure for the purpose of sale, sell, offer or 
 
CAIJFORNIA . 107 
 
 expose for sale within the State of California any bread in loaves 
 otherwise than herein provided for or in conflict with the standard 
 weights of bread when baked as herein fixed, shall be guilty of a 
 misdemeanor. All inspection of the weight of bread shall be made 
 on the premises of the maker or manufacturer by averaging the 
 weight of not less than twenty loaves of bread of any one unit and 
 such average weight per loaf shall not be less than the minimum or 
 more than the maximum weight herein fixed for such units. 
 
 Sec. 3. Exemption of crackers, etc. — The provisions of this act shall 
 not apply to crackers, pretzels, biscuits, buns, scones, rolls or loaves 
 of fancy bread weighing less than one-fourth of a pound avoirdupois 
 or to what is commonly known as " stale bread," sold as such, pro- 
 vided the seller shall, at the time of sale, expressly state to the buyer 
 that the bread so sold is stale bread. 
 
 Sec. 4. Enforcement. — The enforcement of the provisions of this 
 act shall be under the supervision of the State superintendent of 
 weights and measures [department of agriculture]. 
 
 Stats, and Amendments, 1915, ch. 653, p. 1288. 
 
 Sec. 1, as amended by Stats, and Amendments, 1923, ch. 150, p. 310. 
 Weighmaster's bond; fee; seals. — All persons, firms, corporations, co- 
 partners, or individuals engaged in the business of public weighing 
 for hire, or any person, firm, or corporation who shall weigh or 
 measure any commodity, produce, or article, and issue therefor a 
 weight certificate which shall be accepted as the accurate weight 
 upon which the purchase or sale of such commodity, produce, or ar- 
 ticle is based shall be known as a public weighmaster, and shall file a 
 bond with the State superintendent of weights and measures [de- 
 partment of agriculture] in the sum of one thousand dollars for the 
 faithful performance of his duties, and shall pay a license fee of ten 
 dollars per annum to the State superintendent of weights and meas- 
 ures [department of agriculture] and shall obtain from the State 
 superintendent of weights and measures [department of agriculture] 
 a seal for the stamping of weight certificates hereinafter provided for, 
 which shall only be in such form as such superintendent [depart- 
 ment of agriculture] may prescribe. 
 
 (a) The said seals shall be the property of the State and shall be 
 forfeited and returned to the State superintendent of weights and 
 measures [department of agriculture] upon termination of the per- 
 formance of the duties herein prescribed as being the duties of a 
 public weighmaster. Such seal shall be of a form and design pre- 
 scribed by the State superintendent [department of agriculture] and 
 furnished by him at the expense of the weighmaster. Said seal shall 
 be a recognized authority of accuracy when applied to weight cer- 
 tificates. Nothing in this act contained shall be construed as apply- 
 ing to persons maintaining scales in villages or country districts for 
 weighing farm products for hire, where such person does not carry 
 on regularly the business of weighing for hire and any person so 
 maintaining any such scales for such purpose shall not be construed 
 to be a " public weighmaster " within the meaning of this act. 
 
 Sec. 2. Weight certificates. — The State superintendent [department 
 of agriculture] shall prescribe a form of weight certificates to be 
 used by all public weighmasters, which certificates shall be known 
 as the "state certificate of weights and measures," and shall state 
 
108 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thereon the kind of product, the numher of units of the same, the 
 date of receipt of the product, the owner, agent or consignee, the total 
 weight of the product, the vessel, railroad, team, or other means by 
 which the product was received, any trade or other mark thereon, 
 and such other information as may be necessary to distinguish or 
 identify the product from a like kind. No certificate other than the 
 one herein prescribed shall be used by public weighmasters. 
 
 Sec. 3. Records. — All public weighmasters shall keep and preserve 
 correct and accurate records of all public weighings, as provided by 
 this act, which records shall at all times be open for inspection by 
 the State superintendent of weights and measures [department of 
 agriculture], or his deputy. 
 
 Sec. 4. Accurate and correct weight; penalty for issuing false certifi- 
 cate. — All State certificates of weights and measures as provided by 
 this act, shall contain the accurate and correct weight of any and all 
 commodities weighed when issued by the public weighmaster. 
 
 (a) Any public weighmaster who shall issue a State certificate 
 of weights and measures giving a false weight or measure of any 
 article or commodity weighed or measured by him, or his representa- 
 tive, to any person, firm or corporation, shall be guilty of a misde- 
 meanor, and the State superintendent [department of agriculture] 
 may direct and compel the return to him of the State seal, or de- 
 clare his bond as public weighmaster forfeited, or both. 
 
 Sec. 5, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. 
 Penalty for false measurement, etc. — Any person, firm, corporation, 
 who shall request the public weighmaster, or any person employed 
 by him to weigh any product, commodity, or article falsely or incor- 
 rectly, or who shall request a false or incorrect state certificate of 
 weight and measure, or any person issuing a state certificate of 
 weights and measures who is not a public weighmaster as provided 
 for in this act, shall be guilty of a misdemeanor. 
 
 Sec. 6, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. 
 Reweighing. — When doubt or differences arise as to the correctness 
 of the net or gross weight of any amount or part of any commodity, 
 produce, or article for which a state certificate of weights and meas- 
 ures has been issued by a public weighmaster, the owner, agent, or con- 
 signee may, upon complaint to the State superintendent of weights 
 and measures [department of agriculture] , or his deputy, have said 
 amount or part of the amount of any commodity, produce, or arti- 
 cle, reweighed by the State superintendent of weights and measures 
 [department of agriculture], 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 [department of agriculture]. If, on reweighing, a differ- 
 ence in the original weight is discovered as the result of fraud, care- 
 lessness, or faulty apparatus, the cost of reweighing shall be borne 
 by the public weighmaster responsible for the issuance of such 
 faulty State certificate of weights and measures. All public weigh- 
 masters employing or designating any person to act for them as 
 deputy public weighmaster, shall be responsible for all acts per- 
 formed by such person, and the public weighmaster shall forward 
 to the State superintendent of weights and measures [department of 
 agriculture] the name and address of persons so appointed. 
 
CALIFORNIA 109 
 
 Sec. 7, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. 
 Lots piled separately; net weight. — All amounts, lots, shipments, or 
 consignments of products, after having been weighed, shall be piled 
 or stored separately, as near as can be, or in some manner marked in 
 order that said amounts, lots, shipments, or consignments may be 
 distinguished from each of a like kind. When any product is sold 
 subject to public weighmaster weights, such weight shall be the true 
 net weight of the product. Net weight within the meaning of this 
 act shall be the correct or actual weight of the commodity excluding 
 the weight of the container. 
 
 Sec. 7a, as enacted by Stats, and Amendments, 1919, ch. 348, p. 723. 
 Penalty. — Any person violating any of the provisions of this act shall 
 be guilty of a misdemeanor. 
 
 Political Code, 1915, Deering, ch. 8, p. 766. 
 
 Sec. 3209 (al915). Standard weights and measures furnished by Gov- 
 ernment; metric system may be used. — The standard weights and 
 measures now in charge of the State superintendent of weights and 
 measures being the same that were furnished to this State by the 
 Government of the United States, and consisting of one standard 
 yard measure; one set of standard weights, comprising one troy 
 pound, and nine avoirdupois weights of one, two, three, four, five, 
 ten, twenty, twenty-five, and fifty pounds, respectively; one set of 
 standard troy ounce weights, divided decimally from ten ounces 
 to the one ten-thousandth of an ounce; one set of standard liquid 
 capacity measures, consisting of one wine gallon of two hundred and 
 thirty-one cubic inches, one half-gallon, one quart, one pint, and one 
 half- pint measure; and one standard half -bushel, containing one 
 thousand and seventy-five cubic inches and twenty-one hundredths 
 of a cubic inch, according to the inch hereby adopted as the stand- 
 ard, are the common standards of weights and measures through- 
 out the State : Provided, however, That instead of using the com- 
 mon standard of weights and measures it shall be lawful through- 
 out the State to employ the weights and measures of the metric 
 system authorized by the Congress of the United States of America, 
 and no contract or pleading in any court shall be deemed invalid or 
 liable to objection because the weights and measures expressed or 
 referred to therein are weights or measures of the metric system. 
 
 Sec. 3210 (1872). Unit of extension.— The standard yard is the 
 unit or standard measure of length and surface from which all other 
 measure of extension, whether lineal, superficial, or solid, are de- 
 rived and ascertained. 
 
 Sec. 3211. Division of the yard. — The yard is divided into three 
 equal parts, called feet, and each foot into twelve equal parts, called 
 inches; for measures of cloths and other commodities commonly 
 sold by the yard, it may be divided into halves, quarters, eighths, 
 and sixteenths. 
 
 Sec. 3212. Rod, pole, perch, mile, chain. — The rod, pole, or perch, 
 contains five and a half yards, and the mile one thousand seven 
 hundred and sixty yards; the chain for measuring land is twenty- 
 two 3 T ards long, and divided into one hundred equal parts, called 
 links. 
 
 Sec. 3213. Acre. — The acre for land measure must be measured 
 horizontally, and contains ten square chains, and is equivalent in 
 
110 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 area to a rectangle sixteen rods in length and ten in breadth; six 
 hundred and forty acres being contained in a square mile. 
 
 See. 3214. Units of weight. — The standard avoirdupois and troy 
 weights are the units or standards of weight from which all other 
 weights are derived and ascertained. 
 
 Sec. 3215 (al915). Standard weights. — The avoirdupois pound, 
 which bears to the troy pound the ratio of seven thousand to five 
 thousand seven hundred and sixty, is divided into sixteen equal 
 parts, called avoirdupois ounces; the hundred weight consists of 
 one hundred avoirdupois pounds, and twenty hundred weight con- 
 stitutes a ton. The avoirdupois ounce is divided into sixteen equal 
 parts called avoirdupois drams. The troy ounce is equal to the 
 twelfth part of the troy pound. The troy pennyweight is equal 
 to the twentieth part of the troy ounce, and the troy grain is equal 
 to the twenty-fourth part of the troy pennyweight. The apothe- 
 cary's pound is equal to the troy pound. The apothecary's ounce 
 is equal to the twelfth part of the apothecary's pound. The apothe- 
 cary's dram is equal to the one-eighth part of the apothecary's 
 ounce. The scruple is equal to the one-third part of the apothe- 
 cary's dram, and the grain is equal to one-twentieth of the scruple. 
 
 See. 3216. Liquid measures. — The standard gallon and its parts are 
 the units or standards of capacity for liquids, from which all other 
 measures of liquids are derived and ascertained. The liquid quart 
 is equal to the one-fourth part of the standard gallon. The pint 
 is equal to the one-eighth part of the gallon. The gill is equal 
 to the one-fourth part of the pint. The fluid ounce is equal to 
 the one-sixteenth part of the pint. The fluid dram is equal to 
 the eighth part of the fluid ounce, and the minimum is equal to 
 the sixtieth part of the fluid dram. 
 
 Sec. 3217 (1872). Barrel, hogshead. — The barrel is equal to thirty- 
 one and a half gallons, and two barrels constitute a hogshead. 
 
 Sec. 3218. Unit of measure for solids. — The standard half bushel is 
 the unit or standard measure of capacity for substances other than 
 liquids, from which all other measures of such substances are derived 
 and ascertained. 
 
 Sec. 3219. Division of half bushel. — The peck, half peck, quarter 
 peck, quart, and pint measures for measuring commodities other 
 than liquid are derived from the half bushel by successively divid- 
 ing that measure by two. 
 
 Sec. 3220. Division of capacity or commodities; construction. — The 
 measures of capacity for coal, ashes, marl, manure, Indian corn in 
 the ear, fruit, and roots of every kind, and for all other commodities 
 commonly sold by heap measure, are the half bushel and its mul- 
 tiples and subdivisions; and the measures used to measure such 
 commodities must be made cylindrical, with plane and even bot- 
 tom, and must be of the following diameters from outside to out- 
 side: The bushel, nineteen and a half inches; half bushel, fifteen 
 and a half inches, and the peck, twelve and a third inches. 
 
 Sec. 3221. Heap measure. — All commodities sold by heap measure 
 must be duly heaped up in the form of a cone; the outside of the 
 measure, by which the same are measured, to be the limit of the 
 base of the cone, and such cone to be as high as the article will 
 admit. 
 
CALIFORNIA 111 
 
 Sec. 3222 (al915). Contracts to be construed according to common 
 standards. — Contracts made within this State for work to be done 
 or for anything to be sold or delivered by weight or measure, must 
 be construed according to the foregoing common standards, known 
 as the imperial system or according to the foregoing authorized 
 weights and measures of the metric system, according as the units 
 of one system or the other system are used or referred to in such 
 contracts. 
 
 Sec. 3223 (1872). Weight per bushel. — Whenever wheat, rye, Indian 
 corn ; barley, buckwheat, or oats, are sold by the bushel, and no 
 special agreement as to the weight or measurement is made by the 
 parties, the bushel consists of sixty pounds of wheat, of fifty-four 
 pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds 
 of barley, of forty pounds of buckwheat, and of thirty-two pounds 
 of oats. 
 
 Penal Code, 1915, Deering, ch. 12, p. 248. 
 
 Sec. 552 (1872). False weight and measure denned. — A false weight 
 or measure is one which does not conform to the standard established 
 by the laws of the United States of America. 
 
 Sec. 553. Using false weights or measures. — Every person who uses 
 any weight or measure, knowing it to be false, by which use another 
 is defrauded or otherwise injured, is guilty of a misdemeanor. 
 
 Sec. 554. Stamping false weight. — Every person who knowingly 
 marks or stamps false or short weight or measure, or false tare, on 
 any cask or package, or knowingly sells, or offers for sale, any cask 
 or package so marked, is guilty of a misdemeanor. 
 
 Sec. 555 (1875-76). Weight by the ton or pound; full weight re- 
 quired. — In all sales of coal, hay, and other commodities, usually 
 sold by the ton or fractional parts thereof, the seller must give to the 
 purchaser full weight, at the rate of two thousand pounds to the ton ; 
 and in all sales of articles which are sold in commerce by 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 this 
 section is guilty of a misdemeanor. 
 
 Sec. 556 (1915). Sale of coal. — No person shall willfully or know- 
 ingly, with intent to defraud, sell or exchange, or offer or expose for 
 sale or exchange, coal of a specific name or kind under any other 
 name or description, or as the output of any mine other than the mine 
 of which it is the product, and any person who shall violate any of 
 the provisions of this section is guilty of a misdemeanor. 
 
 Penal Code, 1915, Deering, p. 174. 
 
 Sec. 381 (al874). Penalty for putting extraneous substances in pack- 
 ages sold by weight to increase the weight; false tare. — Every person 
 who, in putting up in any bag, bale, box, barrel, or other package, 
 any hops, cotton, wool, grain, hay, or other goods usually sold in 
 bags, bales, boxes, barrels, or packages by weight, puts in or conceals 
 therein anything whatever, for the purpose of increasing the weight 
 of such bag, bale, box, barrel, or package, with intent thereby to sell 
 the goods therein or to enable another to sell the same, for an 
 increased weight, is punishable by fine of not less than twenty-five 
 dollars for each offense. 
 
 517—26 8 
 
112 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Penal Code, 1915, Deering, p. 736 (1893). 
 
 Short-weight butter. — Any person or persons, firm or corporation, 
 who offers for sale roll-butter not of full weight to each roll, shall 
 be guilty of a misdemeanor. 
 
 Stats., 1901, ch. 222, p. 660. 
 
 Sec. 1 (1901). Miner's inch. — The standard miner's inch of water 
 shall be equivalent or equal to one and one-half cubic feet of water 
 per minute, measured through any aperture or orifice. 
 
 Gen. Laws, 1915, Deering, Act 4383, p. 2119. 
 
 Sec. 1 (1903). Weighers at warehouses. — All persons now engaged 
 in or who may hereafter engage in a general warehouse, wharfinger 
 or storage business for the storage of grain or other commodities, 
 which in the course of such business are weighed, shall, before they 
 engaged in such business, or within sixty days after the appointment 
 of an inspector of weights as provided in section 4 of this act, 
 designate in writing a person or persons as weigher or weighers 
 for such business at the place thereof, and the person or persons so 
 designated shall thereupon, and before they shall do any weighing 
 for such business subscribe, before an officer authorized to administer 
 oaths, the following oath to wit : * * * 
 
 Sec. 2. Correct scales. — All persons engaged in the business in the 
 foregoing section mentioned shall keep for and use in such business 
 no other than true and correct scales and weights. 
 
 :js :J: >£ 3: $ & ' j: 
 
 No person, excepting the person or persons thus designated and 
 subscribing and recording such oath shall do any of the weighing 
 of such business. 
 
 Sec. 3. Correct scales; weights to conform to TJ. S. standard. — Every 
 person engaged in the business in said section one mentioned, shail 
 keep and use therein none but true weights, and scales ; said weights 
 must conform to the United States standard of weights. 
 
 Sec. 4. County inspectors. — The board of supervisors of the re- 
 spective counties of the State of California, hereby are authorized 
 to appoint for their respective counties an inspector of weights 
 and measures, who shall hold office at the pleasure of said board 
 and receive such compensation as each board may allow, and whose 
 duty it shall be from time to time to test and examine all scales 
 and weights kept or used in the business in the foregoing sections 
 mentioned, and report all violations of this act to the district attor- 
 ney of such county, whose duty it shall be to prosecute all violations 
 hereof. 
 
 Sec. 5. Misdemeanor. — Every violation of this act shall be and is 
 punishable as a misdemenor. 
 
 Sec. 6. Damages for short weight. — Besides the prosecution of the 
 criminal actions herein provided for, every person defrauded by 
 false or incorrect weighing shall be entitled to recover from the 
 person owning or conducting such business as in the foregoing 
 sections mentioned, in any court of competent jurisdiction, three 
 times the amount of such shortage in weight of the grain or other 
 commodity so delivered or taken out by him. 
 
CALIFORNIA 113 
 
 Gen. Laws, 1915, Deering, Act 1971, p. 801. 
 
 Sec. 1 (al880). logs, standard for measuring. — There shall be but 
 one standard for the measurement of logs throughout this State. 
 
 Sec. 2. Logs, scale for measuring. — The following table, known as 
 Spaulding's table for the measurement of logs, is hereby made the 
 standard and table for the measurement of logs throughout this 
 State, * * *. 2 
 
 Gen. Laws, 1915, Deering, Act 2453, p. 1205. 
 
 Sec. 1 (1913). Net container act. — This act shall be known as the 
 net container act. 
 
 Sec. 2. Purpose of act. — This act is designed to protect purchasers 
 of any commodity within its provisions against deception as to the 
 quantity or amount of the commodity purchased, and as against the 
 seller shall be strictly construed with a view to effect its object. 
 
 Sec. 3, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. 
 Application of act. — The provisions of this act shall apply to food- 
 stuffs and stuffs intended to be used or prepared for use as food or 
 medicine for human beings and shall apply to any commodity when 
 sold, offered or exposed for sale in containers. 
 
 Sec. 4. Net quantity plainly marked. — Whenever any of the com- 
 modities within the provisions of this act are sold, or offered or ex- 
 posed 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. 
 
 Sec. 5, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. 
 Designation of quantity. — The designation of the quantity of the 
 commodity required by section four of this act shall be in terms of 
 weight, measure or numerical count, subject however to the following 
 provisions : 
 
 (a) The quantity of the contents so marked shall be the net amount 
 of food or stuff or other commodity in the package or container. 
 
 (&) If the designation is by weight it shall be in terms of avoir- 
 dupois pounds and ounces; if the designation is in liquid measure 
 it shall be in terms of the United States gallon of two hundred 
 thirty-one cubic inches and its customary subdivisions, i. e., in 
 gallons, quarts, pints ? or fluid ounces: Provided, That, by like 
 method, such designations may be in terms of the metric system of 
 weight or measure. 
 
 (c) The quantity of solids shall be designated in terms of weight, 
 and of fluids in terms of measure, except in case of an article in 
 respect to which there exists a definite trade custom; in such case 
 the designation shall be in terms of weight, or measure, or numerical 
 count, in accordance with such custom. 
 
 (d) The quantity of the contents shall be designated in terms of 
 weight or measure, unless the container be marked by numerical 
 count and such numerical count gives acurate information as to the 
 quantity of the food or other commodity in the package. When 
 designation is by numerical count it shall be in English words or 
 Arabic numerals. 
 
 a The table has been omitted on account of Its i?reat length. 
 
114 LAWS CONCEKNING WEIGHTS AND MEASUEES 
 
 (e) The quantity of the contents may be stated in terms of mini- 
 mum weight, minimum measure or minimum count, but in such cases 
 the destination must approximate the actual quantity and there 
 shall be no tolerance below the stated minimum. 
 
 (/) The quantity of viscous or semisolid foods, or of a mixture 
 of solids and liquids, may be stated in terms of weight and measure. 
 When products are packed in brine or other preserving fluids, the 
 weight or measure of such brine or fluids shall not be included in 
 the weight or measure of the edible or commodity indicated on the 
 container. 
 
 Sec. 6, as amended by Stats, and Amendments, 1915, ch. 639, p. 1263. 
 Wherein not applicable. — The provisions of this act shall not apply — 
 
 (a) To any sale of a commodity within the provisions of this 
 act when such sale is made from bulk and the quantity is weighed, 
 measured or counted for the immediate purpose of such sale. 
 
 (&) To a sale of any container of an ornamental or symbolic char- 
 acter with which a quantity of some commodity is sold as merely 
 incidental. 
 
 (e) To a sale of a commodity in any container of a net weight of 
 two ounces or less, or of a commodity 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 physi- 
 cian, veterinarian or dentist; or to medicinal or pharmaceutical 
 preparations or mixtures of two or more medicinal substances. 
 
 Sec. 7. Discrepancy due to unavoidable shrinkage, etc. — It shall not 
 be held to be a violation of the provisions of this act when a com- 
 modity in a container is sold, or offered or exposed for sale, and there 
 is a discrepancy between the actual quantity of the commodity in 
 said container and the net quantity of the contents thereof indicated 
 on the container as herein prescribed, provided such discrepancy is 
 due to unavoidable leakage, shrinkage : evaporation, waste, or causes 
 beyond the control of the seller acting in good faith. 
 
 Sec. 8. Discrepancy in commodity received by seller. — It shall not be 
 held to be a violation of the provisions of this act when a commodit}^ 
 in a container is sold, or offered or exposed for sale, and there is a dis- 
 crepancy 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 prescribed : Provided, That the seller purchased 
 said commodity in said container, in good faith relying upon the 
 said indication of the net contents thereof, and sold said commodity 
 in said container without altering the contents thereof or the indica- 
 tion of the contents thereof: And provided further, That the exemp- 
 tion of this section shall not apply to any sale unless the container 
 had the name of a packer, manufacturer, wholesaler, or jobber 
 thereon at the time the seller purchased it. 
 
 Sec. 9. " Person." — The term " person " used in this act shall include 
 every person, firm, company, copartnership, society, association and 
 corporation. 
 
 Sec. 10, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. 
 Container defined. — The term container used in this act is hereby 
 defined to be any receptacle or carton into which a commodity is 
 packed, or any wrappings with which any commodity is wrapped or 
 put for sale, or to be offered or exposed for sale. No containers, 
 
CALIFORNIA 115 
 
 boxes, or baskets wherein food products or other commodities are 
 packed shall have a false bottom, or be so constructed as to facilitate 
 the perpetration of deception or fraud. 
 
 Sec. 11. Penalty.— Every person, who by himself or his agent, ser- 
 vant or employee violates or causes or permits to be violated any of 
 the provisions of this act shall be guilty of a misdemeanor and upon 
 conviction shall be punished by a fine of not less than twenty-five 
 dollars nor more than five hundred dollars, or shall be imprisoned in 
 the county jail for a term not exceeding six months, or by both such 
 fine and imprisonment. 
 
 Sec. 12 as amended by Stats, aad Amendments, 1915, ch. 639, p. 1263. 
 Repealed; containers complying with U. S. requirements; enforcement. — 
 All acts and parts of acts inconsistent with or in conflict with any 
 of the provisions of this act are hereby repealed. 
 
 (a) It shall not be held to be a violation of the provisions of this 
 act to sell or offer for sale any commodity contained in a container 
 which complies with the provisions and requirements of any act of 
 Congress or the opinions and regulations as issued by the Secretary 
 of Agriculture and appertaining to net weight or measure. 
 
 (&) The enforcement of the provisions of this act shall be under 
 the supervision of the State superintendent of weights and measures. 
 
 Stats, and Amendments, 1925, ch. 425, p. 924. 
 
 Sec. 4. Granding standards and regulations for eggs. — It shall be the 
 duty of the State board of health to establish forthwith, and from 
 time to time, specific grades or standards of quality and size or weight 
 to govern the sale of eggs for human consumption, as permitted by 
 this act, and to make rules and regulations for carrying out all its 
 provision; Provided, however, That such grades or standards or 
 quality shall not permit the sale of any eggs of poorer quality than 
 permitted by the grading standards established from time to time by 
 the United States Department of Agriculture, bureau of agricultural 
 economics. All rules, regulations and standards of quality and 
 weight, and supplementary changes therein as provided by this sec- 
 tion, shall be filed in the office of the State board of health and shall 
 be in effect 60 days after such filing. 
 
 Sec. 5. Notice of grade and size. — It shall be unlawful for any person 
 to sell, or offer to sell or expose for sale to a consumer, any eggs 
 other than those of his own production intended for human consump- 
 tion without notifying by suitable sign or label the person or persons 
 purchasing or intending to purchase the same of the exact grade or 
 quality and the size or weight of such eggs, according to the stand- 
 ards prescribed by the State board of health. 
 
 Sec. 6. Seller's invoice. — Every person, in selling eggs to a retailer, 
 shall furnish to said retailer an invoice showing the exact grade or 
 quality and the size or weight of such eggs according to the stand- 
 ards prescribed by the State board of health. A copy of such invoice 
 shall be kept on file by the person selling and by the retailer at their 
 respective places of business for a period of thirty days, and shall be 
 available for inspection at all reasonable times by accredited inspec- 
 tors or representatives of the State board of health. 
 
 Sec. 7. Effect of guaranty. — No retailer shall be prosecuted under 
 the provisions of this act when he can establish a guaranty from the 
 person from whom any eggs are purchased, to the effect that said 
 
116 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 eggs at the time of such purchase conformed to the grade or quality 
 and the size or weight as stated in the invoice : Provided, Said eggs 
 had been labeled by the retailer for resale in accordance with the 
 purchase invoice : And provided, further, That said guaranty shall 
 not exempt from prosecution any retailer who may have kept the 
 eggs, covered by said guaranty for such time after their purchase or 
 under such conditions as to cause said eggs to deteriorate into a lower 
 grade or standard. 
 
 Sec. 8. Penalties. — Every person who violates any of the pro- 
 visions of this act shall be guilty of a misdemeanor and upon con- 
 viction for the first offense shall be punished by a fine of not less 
 than ten dollars nor more than one hundred dollars; for the second 
 offense a fine of not less than fifty dollars nor more than two hun- 
 dred dollars; for the third and subsequent offense by a fine of not 
 less than one hundred dollars nor more than three hundred dollars 
 or by imprisonment in the county jail for not less than thirty days 
 nor more than ninety days. All fines collected for violation of this 
 act shall be paid to the county treasurer of the proper county, who 
 shall remit the same to the State treasurer of the State of California 
 and said moneys shall be placed to the credit of the general fund 
 for enforcement of this act, the same to become immediately avail- 
 able, and to be paid out upon the presentment of vouchers issued by 
 the secretary of the State board of health. 
 
 Sec. 9. Effect of act. — This act and each section and subsection 
 thereof shall take precedence over all acts and parts of acts at vari- 
 ance or conflicting herewith in the matter of quality standards, 
 grading, classification and labeling of eggs intended for human 
 food. 
 
 Stats, and Amendments, 1919, ch. 355, p. 750. 
 
 Sec. 1. "Baler" and "presser" defined.— The term "baler" or 
 " presser " as referred to in this act shall mean the person, firm, 
 association, or corporation owning or having possession of or oper- 
 ating a hay press. 
 
 Sec. 2. Scales to be tested and sealed. — Any person baling hay for 
 compensation shall employ scales that have been tested and sealed 
 by the sealer of weights and measures and any record of weight 
 forming the basis in settlement for baling hay shall be the true net 
 weight of the baled 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. Falsely increasing weight. — No baler or presser of hay shall 
 put or conceal in any such bale of hay anything whatever for the 
 purpose of increasing the weight of such bale with intent to defraud. 
 
 Sec. 4. Standard weight. — Hay when sold, offered, or exposed for 
 sale shall be sold by avoirdupois weight and a ton shall consist of 
 two thousand pounds net weight: Providing, however, That hay 
 may be sold 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. Broken bales. — When any hay is shipped by a common car- 
 rier in bales and where such bales become broken, the approximate 
 weight of such broken bales shall be included in the total weight 
 of the hay shipped. 
 
CALIFORNIA 117 
 
 Sec. 6. Penalty. — Any person, firm or corporation, violating any 
 of the provisions of this act shall be guilty of a misdemeanor and 
 shall be punished by a fine of not less than fifty dollars or more 
 than one hundred dollars. 
 
 Stats, and Amendments, 1925, ch. 350, p. 625. 
 
 Sec. 1. Title of act. — This act shall be known, and for any and all 
 purposes may be designated and referred to, as " the California 
 fruit and vegetable standardization act of 1925." 
 
 Sec. 2. Standards for fruits, nuts, and vegetables established. — To 
 promote the development of the California fresh fruit, nut and 
 vegetable industry and to prevent deception in the packing, ship- 
 ping or sale of fruits, nuts and vegetables for State or interstate 
 shipment, there are hereby created and established certain stand- 
 ards and standard packages for walnuts, avocados, apricots, berries, 
 cantaloupes, cherries, grapes, melons, oranges, peaches, pears, plums, 
 prunes, quinces, head lettuce, onions, potatoes, sweet potatoes, and 
 tomatoes. 
 
 Sec. 4. Enforcement of act; additional grades and rules; additional 
 standard packages ; change of rules, etc. — The director of agriculture is 
 hereby empowered, through his duly authorized agents, and the 
 county horticultural commissioners of each county of the State, 
 their deputies and inspectors, to enforce all the provisions of this 
 act. The director of agriculture shall have supervision and control 
 over all enforcing officers of this act in the State of California. The 
 refusal of any officer to carry out the orders and directions of the 
 director of agriculture in the enforcement of this act shall be deemed 
 neglect of duty. The director of agriculture is also empowered to 
 establish and enforce such additional grades and grading rules as 
 may be deemed necessary on fruits, nuts, and vegetables, which shall 
 not conflict with any provided for in this act, after a thorough inves- 
 tigation has been made of the needs of the particular fruit or vege- 
 table for which grades are contemplated. Such grades or grading 
 rules must, before they become effective, be approved in one or more 
 public meetings attended by representative growers and shippers of 
 the locality interested in the industry affected. Such meetings shall be 
 advertised at least once in a newspaper published in that locality 
 one week or more prior to the meetings ; said meetings shall be pre- 
 sided over by the director of agriculture, or any of his duly author- 
 ized agents, and shall, in so far as possihle and practicable, be con- 
 ducted at such place or places that can be conveniently reached by 
 representatives of the affected industry. In like manner the director 
 of agriculture may provide for standard packages other than those 
 provided for in section seven of this act. Grades and grading rules 
 established in accordance with the provisions of this section shall 
 not be modified during the current shipping season of the fruits or 
 vegetables for which such grades were established excepting as here- 
 inafter provided, nor shall standard packages be changed without 
 two years notice to the industry involved. On receipt of a written 
 appeal signed by at least twenty-five representative growers and 
 shippers of the commodity for which grades, grading rules or stand- 
 ard packages have been established under the provisions of this sec- 
 tion, protesting against the grades, grading rules or standard pack- 
 

 118 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ages so established, the director of agriculture shall call a hearing 
 within ten days after the receipt of such an appeal. Due notice 
 shall be given by the director of agriculture to all interested parties 
 of the date and place of such hearing and the grades, grading rules 
 or standard packages established shall be sustained, modified, or 
 revoked in the discretion of the director of agriculture on the basis 
 of the evidence presented. If such grades, grading rules or standard 
 packages are not changed or modified by the director of agriculture 
 in accordance with the provisions of this section they shall continue 
 to be in full force and effect. Grades, grading rules and standard 
 packages established under the provisions of this section shall be pro- 
 mulgated by the director of agriculture, published in one or more 
 newspapers and farm journals of general circulation in the State of 
 California. * * * 
 
 Sec. 6. Definitions. — When used in this act the words herein men- 
 tioned shall be defined as follows : " Packages " shall mean any box, 
 crate, lug, basket, barrel, drum, sack, or other container used for 
 packing, shipping or selling fruits, nuts or vegetables. " Pack, 
 packing or packed," shall mean the regular compact arrangement of 
 all or part of the fruit or vegetables in any container or subcontainer 
 used for the purpose of sale or transportation for sale. " Deceptive 
 pack " shall mean any package of fruits, nuts or vegetables, which 
 has in the outer layer or the exposed surface fruits, nuts or vege- 
 tables which are so superior in quality, size or condition to those in 
 the interior of the package, or the unexposed portion, as to mate- 
 rially misrepresent the entire contents. * * * " Container " shall 
 mean any box, crate, or other package utilized in handling nuts or 
 fresh fruit or vegetables. " Subcontainer " shall mean any basket or 
 other receptacle used within a container. * * * 
 
 Sec. 7. Standard packages; apricot, plum and grape basket; berry bas- 
 kets; other standard containers; lettuce crates; cantaloupe crates. — 
 Standard packages are hereby established as follows : 
 
 (1) Standard apricot, plum and grape basket, approximately 
 eight inches square on top, six and one-half inches on bottom, and 
 four inches deep, inside measurements. 
 
 (2) Standard berry baskets, dry pint containing an interior capac- 
 ity of approximately thirty-three and six-tenths cubic inches and 
 dry one-half pint containing interior capacity of approximately 
 sixteen and eight-tenths cubic inches: Provided, That the standard 
 basket for strawberries shall be the dry pint. 
 
 Depth 
 
 Width 
 
 inside 
 
 inside 
 
 in inches 
 
 in inches 
 
 2M 
 
 9 
 
 3 
 
 m 
 
 4^ 
 
 9 
 
 2K 
 
 nj4 
 
 3 
 
 ny 2 
 
 4 
 
 ny 2 
 
 4^ 
 
 UH 
 
 4^ 
 
 ny 2 
 
 4M 
 
 uy 2 
 
 sy 2 
 
 ny 2 
 
 4 
 
 13% 
 
 Length 
 outside 
 in inches 
 
 (3) 
 (4) 
 (5) 
 
 (6) 
 
 (7) 
 
 Standard cherry box 
 
 Special cherry lug 
 
 Standard cherry lug 
 
 12-basket cherry crate 
 
 Special cherry lug 
 
 Peach size cherry lug 
 
 Standard peach box 
 
 Standard peach box or half pear box 
 
 Standard peach box 
 
 Standard pear box 
 
 Special fruit lug 
 
 19M 
 19% 
 19M 
 19H 
 
 19M 
 19% 
 19^ 
 19M 
 19M 
 19H 
 17y 2 
 
CALTFOBNIA 
 
 119 
 
 (8) Special fruit lug (No. 3) 
 
 With heavy cleat Q of an inch by f£ of an 
 inch. 
 
 (9) Special fruit lug (No. 2) 
 
 With heavy cleat {£ of an inch by fj of an 
 inch. 
 
 (10) California lug box (No. 1) 
 
 Special sawdust pack grape lug 
 
 Depth inside in inches not less than 7^ nor 
 more than 7%. 
 
 (11) Standard crates 
 
 Do 
 
 Do 
 
 (12) Standard grape drum 
 
 Containing 2,642 cubic inches. 
 
 (13) Standard grape keg 
 
 Containing 2,642 cubic inches minimum. 
 
 Depth 
 
 inside 
 
 in inches 
 
 4M 
 4M 
 
 5M 
 
 Width 
 
 inside 
 
 in inches 
 
 4Mj 
 
 m\ 
 
 14 
 
 13% 
 
 13M 
 
 13M 
 13M 
 
 16 
 16 
 16 
 153^ 
 
 Length 
 
 outside 
 
 in inches 
 
 17^ 
 17^ 
 
 17J^ 
 173^ 
 
 17J^ 
 17J^ 
 17^ 
 
 (14) Standard lettuce crates, depth, inside in inches, thirteen; 
 width, inside in inches, eighteen; length, inside in inches, not less 
 than twenty-one and three-fourths; length outside in inches not 
 more than twenty-four and one-half. 
 
 Inside length of lettuce crates shall be considered between end 
 slats, excepting that if flat end posts wider than one and one-half 
 inches are used, the inside length shall be considered between the 
 posts. 
 
 (15) Standard cantaloupe crates, twelve inches by twelve inches 
 by twenty-two and one-half inches, to be packed with thirty-six 
 or forty -five cantaloupes; four inches by twelve inches by twenty- 
 two and one-half inches, to be packed with nine, twelve or fifteen 
 cantaloupes ; eleven inches by eleven inches by twenty-two and one- 
 half inches, to be packed with forty-five or fifty-four cantaloupes; 
 thirteen inches by thirteen inches by twenty -two and one-half inches, 
 to be packed with thirty-six or forty -five cantaloupes ; four and one- 
 half by thirteen and one-half by twenty-two and one-half inches, 
 containing nine, twelve or fifteen cantaloupes. All cantaloupe packs 
 other than those provided in this section shall be conspicuously 
 marked in letters not less than one-half inches in height " irregular 
 pack." 
 
 Sec. 8. Labels on containers; walnut sacks; subcontainers ; net weight; 
 " face and fill." — All containers of fruit of a kind specified in this act, 
 except subcontainers, when packed, and of walnuts when sacked for 
 shipment or sale, shall bear upon them in plain sight and in plain 
 letters on the outside thereof the following: Name of the orchard 
 or place where the same was produced, with the post-office address 
 thereof or the name and post-office address of the person, firm, 
 company or corporation, or organization who shall have first packed 
 or authorized the packing of same, or the name under which such 
 packer shall be engaged in business, together with the post-office 
 address of such packer; name of variety, if known, and when not 
 known the words " unknown variety " ; net weight, excepting oranges, 
 and the approximate number of fruits in the container or subcon- 
 
120 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 tainer, which number shall be within four of the true count: Pro- 
 vided, That in lieu of the approximate number of fruits, the numeri- 
 cal description of pack may be used, excepting that no designation 
 relative to number or count shall be required in the case of walnuts, 
 grapes, cherries, or berries : And provided further, That no container 
 or subcontainer shall have less than the minimum stamped thereon. 
 When two or more varieties are packed or placed in a container, 
 they shall be labeled " Mixed varieties." In addition to the other 
 marks required, all packages of walnuts when sacked for shipment 
 or sale, shall be plainly and conspicuously marked in letters not 
 less than one and one-half inches in height, in the English language, 
 with the name of the State or of the foreign country where the nuts 
 were produced. 
 
 All containers of packed vegetables of a kind specified in this act, 
 when packed or offered for sale, shall bear upon them in plain sight 
 and in plain letters on the outside thereof the following: Name of 
 place where the same was produced, with the post-office address 
 thereof, or the name and post-office address of the person, firm, com- 
 pany or corporation, or organization who shall have first packed or 
 authorized the packing of same, or the name under which such 
 packer shall be engaged in business, together with the post-office 
 address of such packer; and in the case of tomatoes the net weight. 
 All crates of lettuce, in addition to the markings required above, 
 shall be conspicuously stamped or stenciled, on the outside thereof, 
 in figures not less than one-half inch in height, with the exact number 
 of heads contained therein, provided that, in the case of crates 
 marked " irregular pack," the contents may vary not more than three 
 heads from the count as marked. 
 
 Standard or other containers when used as subcontainers are ex- 
 empt from the provisions regarding marking, when the container in 
 which they are placed is marked in compliance with the terms of this 
 section. No containers or subcontainers of fruits, nuts, or vegetables 
 shall bear grade or other designations that are in any way false or 
 misleading. Nothing in this act shall be construed to conflict with 
 any California or Federal regulations regarding net weight mark- 
 ings on containers or subcontainers. 
 
 Containers in which the fruit in the top layer only is placed in 
 regular compact arrangement, excepting cherries, berries, and grapes, 
 shall be labeled " Face and fill " in lieu of the approximate number 
 of fruits. 
 
 Sec. 9. Fresh fruits and vegetables to be sold in standard containers. — 
 All fresh fruits and vegetables of the kinds specified in this act, 
 except such as shall be used in the manufacture of by-products, when 
 prepared or offered for sale or sold, shall be packed or placed in 
 standard containers, which are hereby established, and shall conform 
 to all provisions of this act: Provided, That, with the exception of 
 berries, other sized containers may be used if conspicuously marked 
 in letters not less than one-half inch high "Irregular container": 
 Provided, further, That in the case of avocados, oranges, onions, pota- 
 toes, and sweet potatoes, for which standard packages are not estab- 
 lished in this act, the packages used shall not be required to be 
 marked " Irregular container." 
 
 Sec. 11. Inspectors. — The horticultural commissioner of each county, 
 his deputy and inspectors, shall be, by virtue of their office, 
 

 CALJFORNIA 121 
 
 inspectors of fruits, nuts, and vegetables under this act in their 
 respective counties. 
 
 Sec. 12. Powers and duties of enforcing officers. — All enforcing 
 officers under the provisions of this act shall have power to enter 
 and to inspect every place within the county for which they have 
 been appointed where any fruits, nuts or vegetables are produced, 
 stored, packed, shipped, delivered for shipment, offered for sale or 
 sold, and to inspect such places and all such fruits, nuts and vege- 
 tables and the containers thereof and equipment found in any such 
 places, or when being transported. It shall be the duty of all enforc- 
 ing officers mentioned in this act, to carry out the provisions of this 
 act in their respective districts, and to cause the prosecution of any 
 person, firm, corporation or organization, whom they know or have 
 reason to believe to be guilty of the violation of any of its provisions. 
 Any enforcing officer in the performance of his duties shall have the 
 same powers possessed by peace officers of the city, county, or State, 
 and shall have the right while exercising such police powers to seize 
 and hold as evidence part or all of any pack, load, consignment or 
 shipment of fresh fruits, nuts or vegetables packed, shipped, de- 
 livered for shipment, offered for sale or sold in violation of this act, 
 as may in his judgment be necessary to secure the conviction of the 
 party he knows or believes has violated or is violating any of the 
 provisions of this act. He may start proceedings in any court of the 
 county, or city and county, within his jurisdiction to secure the con- 
 viction of the party or parties who have violated any of the pro- 
 visions of this act. It shall be the duty of the district attorney of 
 said county, or city and county, in which any violation of this act 
 may occur, to prosecute the person, firm, company, organization or 
 corporation accused of such violation and also, at the request of the 
 director of agriculture or his duly authorized agents, to institute and 
 prosecute such action as may be authorized under the provisions 
 of this act. 
 
 Sec. 14. Penalties. — It shall be unlawful for any person, firm, com- 
 pany, organization or corporation to pack or cause to be packed for 
 sale or shipment, import, sell, offer for sale, or deliver for shipment 
 any of the fresh fruits, nuts or vegetables specified in this act that do 
 not conform to the standards herein provided. It shall also be 
 unlawful to prepare, sell or offer for sale, a deceptive pack of fresh 
 fruits, fresh vegetables, nuts, dried fruits or dried vegetables, or to 
 mislabel any package of such fruits, nuts or vegetables. Any per- 
 son, firm, company, corporation or organization who shall violate 
 any of the provisions of this act shall be deemed to be guilty of a 
 misdemeanor. 
 
 Sec. 15. Rules by director of agriculture. — The director of agricul- 
 ture is empowered to define, promulgate and enforce such rules and 
 regulations as may be deemed necessary to carry out the provisions 
 of this act, and to prescribe the limits of tolerance within which 
 deviations from the standard dimensions set forth in section seven 
 shall be permitted. 
 Stats, and Amendments, 1925, ch. 58, p. 131. 
 
 Sec. 2. Standard grades; standard container; irregular container. — 
 The following standard grades and standard box are hereby estab- 
 
 
122 LAWS CONCEENING WEIGHTS AND MEASUBES 
 
 lished for apples, packed, shipped, delivered for shipment, offered 
 for sale or sold, in the State of California. 
 
 ******* 
 
 (d) The standard container shall be a box of the following dimen- 
 sions, inside measurements, when measured without distention of 
 parts : Depth of end ten and one-half inches ; width of end eleven and 
 one-half inches ; length of box eighteen inches, and having a cubical 
 content of as nearly as possible two thousand one hundred seventy- 
 three and one-half cubic inches. 
 
 (e) All packed apples, when shipped, offered for sale or sold, 
 shall be placed in the standard box herein described : Provided, how- 
 eve?' That other size containers may be used (except where the 
 words " Extra fancy " are used as the grade designation) if con- 
 spicuously marked in letters not less than one-half inch high " Irreg- 
 ular container." 
 
 Sec. 3. Statement on container.— Every packed container of apples 
 shipped, delivered for shipment, offered for sale or sold, in the State 
 of California, shall bear upon the outside thereof, and on the end, in 
 plain words or figures and in the English language, the following : 
 * * *; the number of apples contained in the package, or the 
 minimum net weight of the apples contained therein, or the cubical 
 contents of the package • * * * ^ ie name an( j business address 
 of the person, firm, company, organization or corporation, who first 
 packed or caused the same to be packed, and if repacked, the name 
 and business address of the person, firm, company, organization or 
 corporation who repacked the same or caused same to be repacked; 
 the date when such apples were first packed, or if repacked, the date 
 of repacking, and on each container of apples which have been held 
 in cold storage for more than thirty days after being packed a state- 
 ment showing the fact that the contents have been held in cold 
 storage : Provided, however, That a variation of five apples, more or 
 less, than the number stated, shall be allowed. 
 
 Stats, and Amendments, 1925, ch. 421, p. 907. 
 
 Sec. 1. Short title. — This act shall be known and for any and all pur- 
 poses may be designated and referred to as the " California canned 
 fruit standardization act." 
 
 Sec. 2. Purpose of act. — To promote the development of the Cali- 
 fornia fruit industry and to prevent deception in the packing, ship- 
 ping and sale of canned fruit, there are hereby created and established 
 certain standards of quality and size and requirements for marking 
 of the varieties of canned fruits hereinafter referred to. 
 
 Sec. 3. Standard sizes of cans. — For the purposes of this act the fol- 
 lowing are hereby declared and established as the standard sizes of 
 cans for canned fruits of the varieties mentioned in this act, packed, 
 shipped, delivered for shipment, offered for sale or sold in the State 
 of California, to wit : * 
 
 (a) Picnic, which is hereby defined as a cylindrical can two and 
 eleven-sixteenth inches in diameter and four inches in altitude; 
 
 (b) No. 1 flat, which is hereby defined as a cylindrical can four 
 inches in diameter and two and three-eighth inches in altitude; 
 
 (c) No. 1 tall, which is hereby defined as a cylindrical can three 
 inches in diameter and four [and] twenty-one thirty-second inches in 
 altitude ; 
 
CALIFORNIA 123 
 
 (d) No. 2 tall, which is hereby defined as a cylindrical can three 
 and three-eighth inches in diameter and four and fifteen thirty- 
 second inches in altitude; 
 
 (e) No. 2y 2 tall, which is hereby defined as a cylindrical can four 
 inches in diameter and four and eleven-sixteenth inches in altitude; 
 
 (/) No. 10 tall, which is hereby defined as a cylindrical can six 
 and one-eighth inches in diameter and six and fifteen-sixteenth 
 inches in altitude ; 
 
 Stats, and Amendments, 1923, ch. 254, p. 509. 
 
 Sec. 4. Unlawful sale, etc., of condensed or evaporated skim milk. — It 
 shall be unlawful for any person, firm or corporation, by himself, 
 his servant or agent, or as the servant or agent of another, to sell or 
 exchange or expose for sale or exchange, or have in possession with 
 intent to sell or exchange, any condensed or evaporated skim milk in 
 containers containing less than ten pounds avoirdupois. All her- 
 metically sealed containers containing condensed or evaporated skim 
 milk must bear the name and address of the manufacturer, distinctly 
 branded, indented, labeled or printed thereon, together with the 
 words " Condensed skim milk " in roman letters of a size at least as 
 large as any other words or letters appearing on said brand, indenta- 
 tion or label. 
 
 Stats, and Amendments, 1919, ch. 327, p. 551. 
 
 Sec. 3. Label for parcels. — Every lot or parcel of commercial feeding 
 stuffs sold, offered or exposed for sale or distributed within this 
 State shall have affixed thereto a tag or label, in a conspicuous place 
 on the outside thereof, containing legible and plainly printed state- 
 ment in the English language, clearly and truly certifying : 
 
 (a) The net weight of the contents of the package, lot or parcel ; 
 
 (b) The name, brand or trade-mark ; 
 
 (<?) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market. * * * 
 
 Gen. Laws, 1915, Deering Act 473, p. 139. 
 
 Sec. 4 (1911). Liquid gallon measure for milk. — No person, firm or 
 corporation shall hereafter sell, offer for sale, or receive for the pur- 
 pose of sale, any milk, skim milk or cream, except such sale, offer, or 
 receipt, shall, as to quantity, be based upon the liquid gallon, con- 
 taining two hundred and thirty-one cubic inches, or the liquid quart 
 containing fifty-seven and seventy-five one hundredths cubic inches, 
 or the proper and complete liquid subdivision thereof: Provided, 
 That nothing in this act shall be construed as prohibiting the buying 
 or selling of milk or cream either by weight or on the basis of its 
 butter fat contents: And provided, further, That in any hotel, res- 
 taurant, or other eating place, where milk is sold with meals, or 
 where it is sold to be drunk immediately, it may be sold by the glass. 
 
 Sec. 5 (al915). Butter must be sold in terms of pounds. — * * * It 
 shall be unlawful for any person, firm or corporation to sell, offer 
 for sale, or to cause or permit to be sold or offered for sale, any but- 
 ter in prints or packages or otherwise other than by or in terms of 
 pounds and ounces, avoirdupois, or for a greater weight than the true 
 net weight thereof. 
 
124 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Stats, and Amendments, 1921, ch. 608, p. 1043. 
 
 Sec. 3. Mattresses must be labeled. — No person or corporation, by 
 himself, or his agents, servants, or employees, shall directly or in- 
 directly, at wholesale or retail, or otherwise, sell, offer for sale, 
 deliver, or consign, or have in his possession with intent to sell, 
 deliver or consign, any mattress that shall not be plainly and indel- 
 ibly stamped or printed thereon, or upon a muslin or linen tag, not 
 smaller than three inches square, securely sewed to the covering 
 thereof a statement, in the English language, setting forth the kind 
 or kinds of materials used in filling the said mattress, and whether 
 the materials are in whole or in part, new or old, or second-hand, 
 or shoddy, and the name and address of the manufacturer or vendor 
 thereof, or both ; also the quantity of such materials used, expressed 
 in terms of avoidupois weight ; also size of same, expressed in linear 
 measure, clearly indicating the length and breadth thereof, except 
 that tags attached to comforters need state only the percentage of 
 new material and (or) shoddy material, and that no sizes need be 
 marked on same. 
 
 Sec. 11. Form of label. — The statement required under section three 
 of this act shall be the following form : 
 
 MATERIALS USED IN FILLING 
 
 Percentage of kinds of materials 
 
 Gross weight of materials, including cover pounds 
 
 Vendor 
 
 Address 
 
 This article is made in compliance with the act of the State of California, 
 approved the day of 
 
 Sec. 13. Unit for separate offense. — The unit for a separate and dis- 
 tinct offense in violation of this act shall be each and every mattress 
 made, remade, renovated, sold, offered for sale, delivered, consigned, 
 or possessed with intent to sell, deliver or consign, contrary to the 
 provisions hereof. No provisions of this act shall apply to merchan- 
 dise manufactured for use and sale outside of the State of California, 
 excepting section two, relating to the sterilization of second-hand 
 or shoddy materials. 
 
 Sec. 15. Enforcement. — The enforcement of the provisions of this 
 act shall be under the supervision of the State superintendent of 
 weights and measures. 
 
COLORADO 
 
 Comp. Laws, 1921, ch. 71, p. 1166. 
 
 Sec. 4109 (1891). Standard. — That the weights and measures ac- 
 cepted and used by the Government of the United States at the 
 present time, except as hereinafter provided, shall be deemed the 
 lawful standard of weights and measures of the people of this 
 State. 
 
 Sec. 4110. Ton. — The ton shall be twenty hundred pounds weight, 
 avoirdupois. 
 
 Sec. 4111. Weight per bushel; bushel for charcoal; perch of stone; 
 perch of brickwork; size of brick; inch of water, irrigation measure; inch 
 of water. — Sixty pounds of wheat, fifty-six pounds of rye, fifty-six 
 pounds of Indian corn, seventy pounds of corn in the ear, forty-eight 
 pounds of barley, 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, respec- 
 tively, shall be the standard weight of a bushel of each of the fore- 
 going 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-eights inches in thickness; and water sold by the inch by any 
 individual or corporation shall be measured as follows, to wit : Every 
 inch shall be considered equal to an inch square orifice under a five- 
 inch pressure, and a five-inch pressure shall be from the top of the 
 orifice of the box put into the banks of the ditch, to the surface of 
 water ; said boxes, or any slot or aperture through which such water 
 may be measured, shall in all cases be six inches perpendicular, inside 
 measurement, except boxes delivering less than twelve inches, which 
 may be square, with or without slides; all slides for the same shall 
 move horizontally and not otherwise ; and said box put into the banks 
 of ditch shall have a descending grade from the water in ditch of 
 not less than one-eighth of an inch to the foot. 
 
 Sec. 4112. Treasurer to procure standard. — It shall be the duty of the 
 treasurer of this State to procure as soon as possible from the 
 proper department of the Federal Government, all necessary 
 weights and measures for the use of the State, and as soon as he 
 shall receive them, to give public notice through two or more news- 
 papers, for thirty days, to each and every board of county com- 
 missioners in the State, to obtain copies or duplicates of said weights 
 and measures. 
 
 125 
 
126 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4113. Dealers to compare with standard. — That all vendors and 
 traders in goods, wares and merchandise, gold dust and other arti- 
 cles of traffic shall, within ninety days after the reception of the 
 standards by said commissioners, have their balances, weights and 
 measures compared with said standards of their respective counties, 
 and approved and marked by the county inspector, and if the same 
 are found to be correct, to be sealed with the name or the initial 
 letters of the county inscribed thereon, or condemned by him if 
 found incorrect. 
 
 Sec. 4114. Appointment of inspector. — That on the first regular meet- 
 ing of the board of county commissioners in each county in this 
 State, after the passage of this chapter, and thereafter annually, on 
 the first regular monthly meeting of every year, said county com- 
 missioners shall appoint a fit and proper person, who shall be 
 styled inspector of weights and measures, and shall give bond to 
 the county for the faithful performance of the duties of his office, 
 as said commissioners may direct. 
 
 Sec. 4115. Fees of inspector. — That each county board shall make 
 out a list of fees to be charged by said inspector, and which fees 
 when charged shall be recoverable in any court, as any other debt 
 or account is recovered. 
 
 Sec. 4116. Inspector's tools. — That it shall be the duty of each county 
 board, as aforesaid, to furnish to each inspector all the necessary 
 tools, marks and brands which he may require, to be paid for out 
 of the county funds. 
 
 Sec. 4117. Wrongful selling, penalty. — All persons, for the purpose 
 of weighing or measuring goods, wares, merchandise, water or 
 other articles of traffic, actually sold by him, not in accordance with 
 this chapter, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof may be imprisoned not exceeding one year, or 
 fined not exceeding one thousand dollars, at the discretion of the 
 court in which the conviction shall be obtained. 
 
 Sec. 4118. Inspector's duty. — Whenever it shall come to the knowl- 
 edge of the inspector that any person within his county has violated 
 any of the provisions of this chapter, it shall be his duty to enter a 
 complaint against him before some magistrate having jurisdiction of 
 the offense thereof, to the end that the offender may be punished 
 and fined according to this law. 
 
 Sec. 4119. Fines paid into county treasury. — All fines imposed and 
 collected for violation of the provisions of this chapter shall be 
 paid into the county treasury for the use of the people of the county 
 in which the offense was committed. 
 
 Sec. 4120 (1893). Retailer of coal or coke to furnish certificate. — All 
 persons retailing coal or coke in cities of the first or second class, and 
 incorporated towns, whether existing under special charter or other- 
 wise, shall furnish the consignee or purchaser of coal or coke to 
 the amount of one-quarter (Vi) of a ton or more, a certificate of 
 weight signed by the owner or agent of official city or town scales. 
 
 Sec. 4121. What certificate shall state. — The certificate as aforesaid 
 shall plainly state the net weight of the wagon or cart on which the 
 coal or coke is loaded, the net weight of the coal or coke on the 
 said wagon or cart, the total weight of the coal or coke and wagon 
 or cart, the license number and name of the driver delivering the 
 
COLORADO 127 
 
 coal or coke, the name of the dealer, the name of the weightmaster, 
 and the street number of the location of the scales where the certifi- 
 cate may be issued. 
 
 Sec. 4122. Penalty, short weight, false certificate. — Any dealer or 
 driver of any wagon or cart delivering coal or coke without the offi- 
 cial certificate of the owner or agent of an official city or town scales 
 shall, on conviction, be fined not less than twenty (20) dollars and 
 not over one hundred (100) dollars, together with the costs of suit, 
 for each and every offense. Any driver of a wagon or cart, who 
 may be found delivering coal or coke of a less weight than the certifi- 
 cate calls for, shall, on conviction, be fined not less than thirty (30) 
 dollars or confined one (1) month in the county jail, or both, at the 
 discretion of the court, together with the costs of the suit, for each 
 and every offense. Any owner or agent of any official city or town 
 scales who may be found giving a false certificate of the weight of 
 any coal or coke to be delivered, shall, on conviction, be fined not 
 less than fifty (50) dollars and not more than one hundred (100) 
 dollars, together with costs of suit, for each and every offense. 
 
 Sec. 4123. Justice direct district attorney to prosecute. — It shall be the 
 duty of the justice of the peace, to whom a complaint is made, of 
 any violation of this act, to direct the district attorney in his dis- 
 trict, to institute and prosecute any and all suits for any violation of 
 this act. 
 
 Sec. 4124. Fines paid into county treasury. — All suits and prosecu- 
 tions for a violation of any provisions of this act shall be in the 
 name of the people of the State of Colorado, and all moneys arising 
 therefrom shall be paid into the county treasury, by the justice of 
 the peace, or other officer collecting the same in the county where 
 the suit is brought. 
 
 Sec. 4125 (1915). Standard container for small fruits and berries; sale 
 of other unlawful; when container must be marked "Short measure." — 
 That on and after the first day of November, 1915, A. D., it shall be 
 unlawful for any person, firm or corporation to sell or offer for sale 
 baskets or other open containers for small fruits or berries, filled or 
 unfilled, within the State of Colorado, which shall contain when even 
 full less than one dry quart or sixty-seven and two-tenths (67.2) 
 cubic inches, one pint which shall contain when even full less than 
 thirty-three and six-tenths (33.6) cubic inches, one-half pint which 
 shall contain when even full less than sixteen and eight-tenths (16.8) 
 cubic inches, or multiples of the dry quart : Provided, That nothing 
 herein contained shall prevent the sale of baskets or other open con- 
 tainers for small fruits or berries, filled or unfilled, of smaller than 
 the above sizes if the basket or container is stamped with letters at 
 least three-fourths (%) of ap inch in height, "Short measure" on 
 both ends or both sides, and also stating the cubical contents of such 
 basket or other open container. 
 
 Sec. 4126. Unlawful sale of container a misdemeanor. — That any per- 
 son, firm or corporation who shall violate any provision of this act 
 shall be guilty of a misdemeanor, and for each offense upon con- 
 viction thereof, be fined not to exceed one hundred (100) dollars, or 
 sentenced to the county jail for not more than twelve (12) months, 
 either or both, in the discretion of the court. 
 
 617—26 9 
 
128 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4127. District attorney prosecute violations. — That it shall be the 
 duty of each district attorney within the State of Colorado to whom 
 any sealer of weights and measures, or other officer in the State, shall 
 present satisfactory evidence of any violation of this act, to cause 
 appropriate proceedings to be commenced and prosecuted in a court 
 of competent jurisdiction, for the enforcement of the penalties herein 
 provided. 
 
 Comp. Laws, 1921, ch. 153, p. 1724. 
 
 Sec. 6939 (1903). False weights, penalty. — If any person shall know- 
 ingly have, keep or use any false or fraudulent scales or weights 
 for weighing gold or gold dust or any other article or commodity, 
 every such person so offending shall, on conviction, be fined not 
 execeeding five hundred dollars, or imprisoned in the county jail 
 not exceeding six months. 
 
 Sec. 6940. False weights at mill, penalty. — If any person shall know- 
 ingly sell by false weights or measures, or shall knowingly use false 
 measures at any mill, in taking toll for grinding corn, wheat, rye 
 or other grain, he shall be deemed a common cheat, and on con- 
 viction shall be fined not less than two hundred dollars and be 
 imprisoned in the county jail not exceeding three months. 
 
 Comp. Laws, 1921, ch. 53, p. 1017. 
 
 Sec. 3354°. False weights or scales. — Any person, association or cor- 
 poration, or the agent of any person, association or corporation 
 engaged in the business of milling, sampling, concentrating, reduc- 
 ing, shipping or purchasing ores, as aforesaid, who shall keep or 
 use any false or fraudulent scales or weights for weighing ore, 
 or who shall keep or use any false or fraudulent assay scales or 
 weights for ascertaining the assay value of ore, knowing them to 
 be false, every person so offending shall be deemed guilty of a 
 misdemeanor, and on conviction thereof shall be fined in a sum 
 not exceeding one thousand (1,000) dollars, nor less than one hun- 
 dred (100) dollars, or imprisonment not more than one year, or 
 both, at the discretion of the court. 
 
 Comp. Laws, 1921, ch. 32, p. 461. 
 
 Sec. 1185 (1905). Ton of coal in solid. — Any person, association, 
 copartnership or corporation leasing and operating coal lands un- 
 der the provisions of this act shall pay to the deputy register of 
 the State board of land commissioners a minimum price of not 
 less than fifteen (15) cents for each and every ton of coal mined 
 from said land * * *'. The term ton, as herein used, means 
 twenty-seven (27) cubic feet of coal, measured in solid, and shall 
 be ascertained by the measurements of the space from which the 
 coal is mined, deducting therefrom all spaces occupied by slate or 
 other impurities. * * * 
 
 Comp. Laws, 1921, ch. 35, p. 577. 
 
 Sec. 1813 (1889). Water by cubic foot.— The State engineer shall use 
 in all his calculations, measurements, records and reports, the cubic 
 foot per second as the unit of measurement of flowing water, and 
 the cubic foot as the unit of measurement of volume. 
 
COLORADO 129 
 
 Comp. Laws, 1921, ch. 173, p. 2287. 
 
 Sec. 8987 (al908). Powers of city council and board of trustees; 
 meats — poultry — provisions; bread; public scales; coal and hay to be 
 weighed, when; inspections — weights, measures; enforce proper measures 
 and weights; auctioneers — scales — lumber yards, etc. — The city coun- 
 cil and board of trustees in towns shall have the following 
 powers: * * * 
 
 Twenty-first. To regulate the sale of meats, poultry, fish, butter, 
 cheese, lard, vegetables and all other provisions, and to provide for 
 place and manner of selling the same. 
 
 Twenty-second. To regulate the sale of bread in the city or town, 
 prescribe the weight and quality of the bread in the loaf. 
 
 Twenty-fourth. To provide for and regulate public scales and 
 to require the vendors of coal, hay, and like articles of merchandise, 
 when requested so to do by the purchaser of such articles, [to] 
 weigh the same upon the public scales before delivering the same 
 to their customer or vendees. 
 
 Twenty-fifth. To provide for the inspection and sealing of 
 weights and measures. 
 
 Twenty-sixth. To enforce the keeping and use of proper weights 
 
 and measures by vendors. 
 
 Sixty-first. To tax, license and regulate * * * public scales, 
 * * * 
 
 Sec. 9005°. Cities, first class, 15,000; second, 10,000; towns, 2,000 or 
 less. — Every municipal corporation having a population of fifteen 
 thousand and upwards shall be a city of the first class ; every munici- 
 pal corporation having a population exceeding two thousand, and 
 less than fifteen thousand, shall be a city of the second class; and 
 every municipal corporation having a population of two thousand 
 or less shall be deemed an incorporated town. 
 
 Sec. 9028 (al893). Additional powers of cities of the first class. — That 
 the city council in cities of the first class shall have the following 
 additional powers, to wit: * * * 
 
 Fifth. To provide for the inspection, weighing and measuring 
 of lumber and other building material and for the measuring of 
 all kinds of mechanical work. 
 
 Ninth. To provide for and to regulate public sales and to require 
 the vendors of coal, hay, and like articles of merchandise, when 
 requested so to do by the purchasers of such articles, to weigh the 
 same upon such public scales before delivering the same to their 
 customers or vendees. 
 
 Comp. Laws, 1921, ch. 55, p. 1082. 
 
 Sec. 3628 (1915). Inspection and sealing of measuring devices; unlaw- 
 ful to tamper with seal ; incorrect device prima facie evidence. — No per- 
 son, firm or corporation, or agent or employee of any person, firm 
 or corporation, shall use any mechanical device for the measure- 
 ment of oil or gasoline, unless the same has been sealed as correct 
 and the sealing approved by the State oil inspector or his deputies 
 in writing. Any person, firm or corporation, or agent or employee 
 of any person, firm or corporation, who shall change or in any way 
 tamper with the said seal shall be subject to the penalties herein- 
 
130 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 after provided. The having in one's possession an incorrect meas- 
 uring device shall be deemed to be prima facie evidence of a viola- 
 tion of the laws. 
 
 Sec. 3629. Unlawful to mislabel paints, etc. — Whoever shall expose 
 for sale, or sell within this State, any paint, varnish, filler or stain 
 which is labelled or marked in any manner so as to tend to deceive 
 the purchaser as to its nature or composition, or which is not accu- 
 lately labelled, shall be guilty of a misdemeanor and shall be subject 
 to tne fines and penalties as hereinafter provided. 
 
 Sec. 3630. "What label on paints shall state. — The label required by 
 this act shall clearly and distinctly state the name and residence of 
 the manufacturer of the point, varnish, filler or stain, or the dis- 
 tributor thereof, or of the party for whom the same is manufactured, 
 said label to clearly state in addition to the before-mentioned matter, 
 the quantity contained in the package; this in the case of liquid or 
 mixed paints, varnishes, fillers, or stains to be designated in United 
 States standard gallons or fractions thereof. In case of paste or 
 semipaste paints, such as are commonly sold by weight, to be shown 
 by weight avoirdupois. Said label shall be printed in the English 
 language in plain, legible type. 
 
 Comp. laws, 1921, ch. 30, p. 436. 
 
 Sec. 1002 (1907). Misbranded denned — article deemed misbranded. — 
 * * * Yov the purposes of this act an article shall also be deemed 
 to be misbranded : * * * 
 
 In case of food ; * * * 
 
 Third. If in package form and the contents are stated in terms of 
 weight or measure, they are not plainly and correctly stated on the 
 outside of the package. * * * 
 
 Comp. Laws, 1921, ch. 50, p. 963. 
 
 Sec. 3082 (1913). Bricks, prints, rolls — size; wrapped and sealed; 
 stamped; manner of fixing seals; original packages; retailer's package 
 branded; brands must be plainly visible at time sale; color of ink for 
 trand; violations; fines. — No such substance [oleomargarine] shall 
 hereafter be sold, offered for sale, or exposed for sale unless it be put 
 up by manufacturers in bricks, prints, or rolls or one-half of one 
 pound, one, two, or three or five pounds, and in no other larger or 
 smaller sub-divisions. Such bricks, prints or rolls shall be wrapped 
 and sealed and upon such seal shall be plainly printed the name and 
 address of the manufacturer of said oleomargarine, and the said 
 package shall be plainly and conspicuously labeled with the word 
 " Oleomargarine " in Gothic or equally conspicuous letters at least 
 three-eighths of an inch high. Said seals shall be so affixed to the 
 one-half of one pound, one, two, three and five pound bricks, prints 
 or rolls as to seal the wrappers thereof so that such wrappers or 
 cover may not be opened without destroying the seal affixed thereto. 
 Said bricks, prints or rolls may be packed by the manufacturer there- 
 of in wooden or other packages or containers, each containing not 
 less than ten pounds. All sales made by manufacturers of oleomar- 
 garine and wholesale dealers in oleomargarine shall be in the original 
 manufacturer's packages, as described above, in quantities of ten 
 pounds or more at one time. Retail dealers in oleomargarine shall 
 sell only from the manufacturer's original packages and in the manu- 
 
COLORADO 131 
 
 facturer's sealed, subdivided packages, to-wit, one-half of one pound, 
 one, two, three or five pound bricks, prints or rolls, and in quantities 
 of ten pounds, or less, at one time. 
 
 Each retailer's wooden or paper package must have the name and 
 address of the dealer printed or branded thereon, likewise the words 
 " Pound " and " Oleomargarine," in letters not less than one-quarter 
 of an inch square, and the quantity written, printed, or branded 
 thereon in figures of the same size (one-quarter of an inch square) , 
 substantially as follows: 
 
 1 
 
 2 
 
 3 
 
 POUNDS 
 
 OLEOMARGARINE. 
 
 1. Here give dealer's name. 2. Here give street number. 3. Here 
 give name of city or town. 
 
 The words " Oleomargarine " and " Pound," which are required 
 to be printed or branded on retailers' wooden or paper packages, in 
 letters not less than one-quarter of an inch square, and the quantity 
 which is required to be written, printed, or branded thereon in fig- 
 ures of like size, must so be placed as to be plainly visible to the pur- 
 chaser at the time of delivery to him. Illegible or concealed marks 
 and brands are not those contemplated and required by the law and 
 regulations. It will not be deemed a compliance with this regula- 
 tion if the word " Oleomargarine " and the other required words and 
 figures shall be illegibly branded or printed, or so placed as to be con- 
 cealed from view, by being on the inside of the package, or by fold- 
 ing in the stamped portion of the paper sheet used for wrapping or 
 otherwise. The required words and figures must be placed, and no 
 other word or business card should be placed in such juxtaposition 
 thereto as to divert attention from the fact that the contents of the 
 package are wholly oleomargarine. 
 
 The color of the ink in which the words are printed must be in the 
 strongest contrast to the color of the package. Every person, com- 
 pany or corporation, or any agent of any company or corporation, 
 who violates any provision of this act or who sells or offers for sale, 
 or delivers, or offers to deliver any oleomargine in any other form 
 of package than as above described, or who packs in any package any 
 oleomargarine in any manner contrary to law, or who falsely brands 
 any package, or affixes a stamp or brand on any package, denoting 
 that it contains other than oleomargarine, shall be fined for the first 
 offense not more than five hundred ($500) dollars and shall be im- 
 prisoned for not more than thirty (30) days in the county jail, and 
 for a second, or other offense, shall be fined not more than one thou- 
 sand ($1,000) dollars and imprisonment in the county jail for one 
 month to twelve months, in the discretion of the court. 
 
 Comp. Laws, 1921, ch. 50, p. 963. 
 
 Sec. 3078, as amended by Laws, 1923, H. B. No. 323. False reading of 
 test unlawful; glassware; inaccurate glassware; composite sample; Mc- 
 Kay sampler; reading temperatures; license. — It shall be unlawful for 
 
132 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 any person, or persons engaged in buying, selling, testing or 
 handling, or engaged in determining the value of milk, cream or 
 other dairy products by the use of the Babcock test, to give by him- 
 self or his agent anj^ false reading of the test or to manipulate the 
 test in any way so as to give a higher or lower per cent, of butterfat 
 than the milk, cream, or other dairy products actually contain, or to 
 cause any inaccuracy in reading the per cent of butterfat by secur- 
 ing from any quantity of milk, cream or other dairy products to be 
 tested, an inaccurate sample for the test. It shall be unlawful for 
 any persons to use any test tube, bottle, pipette, or instrument in con- 
 nection with such test, which is not perfectly clean; and for the 
 purpose of this act, any such unclean glassware is declared to be 
 inaccurate. 
 
 In the use of the Babcock test, the standard milk measure or 
 pipettes shall have a capacity of 17.6 cubic centimeters, and the 
 standard test tubes or bottles for milk shall have a graduated 
 capacity of two cubic centimeters for each 10 per cent marked on the 
 necks thereof; cream shall be tested by weight and the standard 
 unit for testing shall be 9 grams or 18 grams, and it shall be unlaw- 
 ful to use any other standards of milk or cream measure in creameries 
 or cheese factories or any other place where milk or cream is purchased 
 by or furnished to a receiver and the value of said milk or cream 
 is determined by the per cent of butterfat contained in the same. 
 
 It shall be unlawful for any manufacturer, merchant, dealer or 
 agen to offer for sale or to sell a milk pipette or measure, test tube, 
 or bottle which is inaccurate or not correctly marked or graduated 
 as herein described. 
 
 In sampling cream or mill?: from which composite tests are to be 
 made, to determine the per cent of butterfat contained therein, no 
 such sample or sampling shall be lawful unless a sample be taken 
 from each weighing and the quantity thus used shall be propor- 
 tioned to the total weight of the cream or milk sampled. 
 
 It is hereby required in making tests of milk or cream for the 
 purpose of determining the value of such milk or cream when 
 bought, or sold, that the milk shall be poured once from one vessel 
 to another, and that cream shall be poured from one vessel to 
 another at least three times before sampling, unless the said milk or 
 cream is thoroughly stirred and sampled by the " McKay " sampler, 
 or some other recognized sampler that will secure a representative 
 sample. 
 
 All tests shall be maintained in a water bath for five minutes at 
 a temperature between 120 degrees and 130 degrees F. until read. 
 * (Except when glymol or other light reading oil is used for cream 
 tests, the tests shall be held at a temperature between 135 degrees and 
 140 degrees F. in a water bath for five minutes until read.) All oils 
 used in reading tests shall be approved by the State dairy 
 commissioner. 
 
 It shall be unlawful after the passage of this act, for any person 
 to sample or test milk, cream, or other dairy products for the pur- 
 pose of determining the value of such products when bought and 
 sold or to instruct another person for such purpose without first 
 having a license granted by the State dairy commissioner and such 
 license shall be conspicuously displayed in his place of business. 
 This license shall be granted to those who phall have completed a 
 
COLORADO 133 
 
 course in milk and cream testing in any recognized college or dairy 
 school, or to those who shall pass a satisfactory examination under 
 the direction of the State dairy commissioner; and beginning July 
 1, 1923, payment of a 3 r early fee of three dollars ($3.00) shall be 
 required and the license shall be issued for the period of one year 
 dating July first next preceding actual date or issue, subject to 
 cancellation by the State dairy commissioner at any time that he 
 shall find that the person holding said permit is incompetent 
 or guilty of violating any of the provisions of this Act. All testers 
 licenses in force June 30, 1923, shall become null and void upon 
 that date. * * * 
 
 Comp. Laws, 1921, ch. 46, p. 917. 
 
 Sec. 2942 (1913). Standards for electricity, gas, and water; enter and 
 examine; test meters. — (a) The commission [the public utilities com- 
 mission] shall have power, after hearing had upon its own motion 
 or upon complaint, to ascertain and fix just and reasonable stand- 
 ards, classifications, regulations, practices, measurements or service 
 to be furnished, imposed, observed and followed by all electrical, 
 gas, and water public utilities; to ascertain and fix adequate and 
 serviceable standards for the measurement of quantity, quality, 
 pressure, initial voltage or other condition pertaining to the supply 
 of the product, commodity or service furnished or rendered by any 
 such public utility; to prescribe reasonable regulations for the ex- 
 amination and testing of such product, commodity or service and 
 for the measurement thereof; to establish reasonable rules, regula- 
 tions, specifications and standards to secure the accuracy of all 
 meters and appliances for measurement and weighing; and to pro- 
 vide for the examination and testing of any and all appliances used 
 for the measurement or weighing of any product, commodity or 
 service of any such public utility. 
 
 (&) The commissioners and their officers and employees shall have 
 power to enter upon any premises occupied by any public utility, for 
 the purpose of making the examinations and tests and exercising 
 any of the other powers provided for in this act, and to set up and 
 use on such premises any apparatus and appliances necessary there- 
 for. The agents and employees of such public utility shall have the 
 right to be present at the making of such examinations and tests. 
 
 (c) Any consumer or user of any product, commodity or service 
 of a public utility may have any appliance used in the measurement 
 thereof tested upon paying the fees fixed by the commission. The 
 commission shall establish and fix reasonable fees to be paid for test- 
 ing such appliances on the request of the consumer or user, the fee 
 to be paid by the consumer or user at the time of his request, but to 
 be paid by the public utility and repaid to the consumer or user if 
 the appliance is found defective or incorrect to the disadvantage of 
 the consumer or user, under such rules and regulations as may be 
 prescribed by the commission. 
 
 Comp. Laws, 1921, ch. 54, p. 1052. 
 
 Sec. 3549 (1913). Scales, inspection; testing weights certified. — It 
 shall be the duty of every corporation, company or person engaged 
 in the business of mining and selling bj' weight, to procure and con- 
 stantly keep on hand, at the proper place, the necessary scales and 
 
134 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 whatever else may be necessary to correctly weigh the coal mined and 
 taken out by the workmen or miners of such corporation, company 
 or person, and it shall be the duty of the inspector of weights and 
 measures of each county, in which the coal is mined and sold, to visit 
 each coal mine operated therein, once each year, unless oftener re- 
 quested by the owner or the miners, to test the correctness of the 
 scales. If in any county there is no inspector of weights and meas- 
 ures, then the deputy inspector of coal mines of the district in which 
 the mine is located, shall be required to test the correctness of such 
 scales within a reasonable time after application is made by either 
 the owner or the miners. All weights necessary for testing and ad- 
 justing scales shall be duly certified and shali be provided by the 
 owner. 
 
 Sec. 3550. Manner of weighing coal ; ton for coal mined. — All the coal 
 mined shall be weighed in the car or other receptacle in which it is 
 removed from the mine before it is screened, or before it passes 
 over, or is dumped upon any screen or any other device which may 
 let, or be capable of letting a portion of the coal drop through such 
 screen or device, and the miner shall be paid for the mining of such 
 coal according to the weight so ascertained at such price per ton of 
 two thousand pounds as may be agreed upon by and between such 
 owner and miner or miners who mine the same, except that where 
 coal is mined from pitching veins, the miners shall be paid upon a 
 yardage basis, except when otherwise agreed to between owner and 
 miner. 
 
 Sec. 3551. Check weigmnen. — Hereafter at each coal mine, at the 
 option of the majority of the miners working therein, there shall be 
 employed one or more check weighmen, whose wages shall be paid 
 by the miners therein employed; said check weighman shall run a 
 coal check and shall deduct a sufficient and equal amount from each 
 ton of coal weighed to guarantee him the wages agreed upon between 
 said check weighman and said miners ; the check weighman shall be 
 paid by the owner in the same manner and at the same rate per ton 
 as other employees running coal checks. The duties of such check 
 weighman shall be to see that all coal mined in the mine at which 
 he is employed, is correctly weighed and accredited, and for that 
 purpose every such aforesaid owner shall give to such check weigh- 
 man access to all scales and weights used for that purpose and to all 
 books wherein the weights of the coal mined by the miners of said 
 mines are recorded. The owner shall provide a convenient and suit- 
 able office on the tipple for weighing coal, which said office shall be 
 kept in a comfortable and sanitary condition. 
 
CONNECTICUT 
 
 Gen. Stats., 1918, Vol. 1, ch. 121, p. 715. 
 
 Sec. 2304 (1911). Standard of weights and measures. — The weights 
 and measures received from the United States under a resolution of 
 Congress approved June 14, 1836, and such new weights and meas- 
 ures as shall be received from the United States as standard weights 
 and measures in addition thereto or in renewal thereof, and such as 
 shall be supplied by the State in conformity therewith and certified 
 by the National Bureau of Standards, shall be the State standards, 
 by which all county and municipal standards of weights and meas- 
 ures shall be tried, proved, and sealed. 
 
 See. 2305 (al913). State police superintendent to be superintendent of 
 weights and measures — Appointment of deputy superintendent. — The 
 superintendent of State police shall be State superintendent of 
 weights and measures. There shall be a deputy superintendent of 
 weights and measures to be appointed by said superintendent to hold 
 office during the term of said superintendent unless removed by him 
 or by the commissioners of State police. The deputy superintendent 
 of weights and measures is empowered to act as assistant superin- 
 tendent of State police, with all the powers of the superintendent 
 when directed so to act by the superintendent or by the commissioners 
 of State police. Any State policeman shall act as inspector of 
 weights and measures, with all the powers incident to that office, 
 when directed so to act by the superintendent or deputy superin- 
 tendent of weights and measures. Neither the deputy superintend- 
 ent nor any State policeman shall receive any salary other than that 
 incident to his office of deputy or policeman while acting as such 
 assistant or as such inspector. The State superintendent of weights 
 and measures and his deputy shall be under the direction of the 
 commissioners of State police, and all appointments made by said 
 superintendent shall be subject to the approval of said commissioners. 
 
 Sec. 2306 (al917). Duties of superintendent of weights and measures. — 
 The superintendent of weights and measures shall take charge of the 
 standards adopted under the provisions of this chapter as the stand- 
 ards of the State, and cause them to be kept in a fireproof building 
 belonging to the State, or in a suitable place in his office, from which 
 they shall not be removed except for repairs or for certification, and 
 he shall take all other necessary precautions for their safe-keeping. 
 He shall maintain the State standards in good order and shall sub- 
 mit them at least once in ten years, to the National Bureau of Stand- 
 ards for certification. He shall, at least once in two years, test by 
 the State standards all standard weights, measures and other appa- 
 ratus which belong to any county, city or borough and shall seal 
 such apparatus as is found to be accurate, b}' stamping thereon, with 
 seals kept for that purpose, the letter " C " and the last two figures of 
 the year of certification. He shall have general supervision of the 
 
 135 
 
136 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 weights, measures and weighing and measuring devices sold, offered 
 for sale or used in the State. He, or his deputy or inspectors by his 
 direction, shall, at least once in each year, test all scales, weights and 
 measures used in checking the receipt or disbursement of supplies in 
 every institution for the maintenance of which moneys are appro- 
 priated by the general assembly, and he shall report in writing, his 
 findings to the supervisory board and to the executive officer of the 
 institution concerned, and at the request of such board or executive 
 officer, the superintendent of weights and measures shall appoint in 
 writing, one or more employees, in the service of each institution, who 
 shall act as special deputies for the purpose of checking the receipt 
 or disbursement of supplies. He shall keep a complete record of the 
 standards, balances and other apparatus belonging to the State, and 
 take a receipt for the same from his successor in office. The State 
 superintendent, or his deputy or inspectors at his direction, shall, at 
 least once in two years, inspect the work of the local sealers through- 
 out the State and shall have power to inspect and ascertain the cor- 
 rectness of all weights, scales, beams, measures, instruments or me- 
 chanical devices for measuring, and tools, appliances or accessories 
 connected with any such instruments or measures kept, offered or ex- 
 posed for sale, sold, used or employed by any proprietor, agent, lessee 
 or employee in proving the size, quantity, extent, area or measure- 
 ment of quantities, things, produce or articles for distribution or con- 
 sumption, offered or submitted by such person or persons for sale, 
 hire or reward ; and shall, from time to time, weigh or measure pack- 
 ages or amounts of commodities of any kind kept for the purpose of 
 sale, offered for sale or sold, or in the process of delivery, in order to 
 determine whether the same contain the amounts represented, and 
 whether they be offered for sale or sold in accordance with law. 
 They may, for such purpose, and in the general performance of their 
 official duties, enter without warrant, into or upon any stand, place, 
 building or premises, or stop any vendor, peddler, junk dealer, driver 
 of any coal wagon, ice wagon or delivery wagon, or any dealer and 
 require him, if necessary, to proceed to some place which they may 
 specify, for the purpose of making the proper tests. The State 
 superintendent or his deputy or inspectors may seal such weighing 
 or measuring instruments or apparatus as is found to be correct and 
 may seize and destroy incorrect weights, measures or weighing or 
 measuring instruments. The superintendent shall issue, from time 
 to time regulations for the guidance of county, city and borough 
 sealers, and such regulations shall govern the procedure to be fol- 
 lowed by said officers in the discharge of their duties. The State 
 superintendent of weights and measures shall, forthwith upon his 
 appointment, give a bond in the penal sum of five thousand dollars 
 with sureties approved by the attorney general, for the faithful per- 
 formance of the duties of his office, and for the safety of the stand- 
 ards intrusted to his care and for the surrender thereof immediately 
 to his successor in office, or to the person appointed by the governor 
 to receive the same. The deputy superintendent of weights and 
 measures shall, forthwith upon his appointment, give a bond in the 
 penal sum of one thousand dollars, with sureties approved by the 
 attorney general, for the faithful performance of the duties of his 
 office and for the safety of an}' apparatus intrusted to his care. 
 
CONNECTICUT 137 
 
 Sec. 2307 (1911). County commissioners and common council of cities 
 to procure complete set of standards. — The county commissioners of 
 each county and the common council of each city required to appoint 
 a sealer under the provisions of this chapter shall procure, at the 
 expense of the county or city, and shall, keep, at all times, a com- 
 plete set of weights and measures and other apparatus, of such ma- 
 terials and construction as said superintendent of weights and 
 measures may direct. All such weights, measures and other ap- 
 paratus, having been tried and accurately proven by him, shall be 
 sealed and certified to hj the State superintendent as hereinbefore 
 provided, and shall then be deposited with and preserved by the 
 county or city sealer as public standards for such county or city. 
 Whenever the county commissioners of any county or the common 
 council of any such city shall neglect, for six months, so to do, the 
 treasurer of the county, or the city clerk or comptroller of said city, 
 as the case may be, on notification and request by the superintendent 
 of weights and measures, shall provide such standards and cause the 
 same to be tried, sealed, and deposited, at the expense of the county 
 or city. 
 
 Sec. 2308 (al915). Appointment, powers and duties of county sealers 
 of weights and measures. — There shall be in each county a county 
 sealer of weights and measures who shall be appointed by the 
 county commissioners for a term of five years. He shall be paid 
 such compensation as shall be fixed by the senators and representa- 
 tives resident in the same county at their biennial meeting, 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, instruments or 
 mechanical devices for measuring, and tools, appliances, or accessories 
 connected with any such instrument or measures kept, offered or 
 exposed for sale, sold or used, or employed within the county by any 
 proprietor, agent, lessee or employee in proving the size, quantity, 
 extent, area or measurement of quantities, things, produce or articles 
 for distribution or consumption, offered or submitted by such person 
 or persons for sale, hire, or reward ; and he shall have power to, and 
 shall, from time to time, weigh or measure packages or amounts of 
 commodities of any kind kept for the purpose of sale, offered for sale 
 or sold or in the process of delivery, in order to determine whether 
 the same contain the amounts represented, and whether they are 
 offered for sale or sold in a manner in accordance with law. He 
 shall, at least twice each year, and as much oftener as he may deem 
 necessary, see that the weights, measures and all apparatus used in 
 the county, including those under the care of city and town sealers 
 of weights and measures, are correct. He may, for such purpose, 
 and in the general performance of his official duties, enter, without 
 warrant, into or upon any stand, place, building or premises, or stop 
 any vendor, peddler, junk dealer, driver of any coal wagon, ice 
 wagon, or delivery wagon, or a^' dealer and require him, if neces- 
 sary, to proceed to some place which said sealer may specify, for 
 the purpose of making the proper tests. The county seaier of 
 weights and measures shall cause any person violating any of the 
 
138 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 provisions of this chapter relating to weights and measures to be 
 prosecuted. Whenever said sealer compares weights, measures or 
 weighing or measuring instruments, and finds that they correspond, 
 or causes them to correspond, with the standards in his possession, 
 he shall seal or mark such weights, measures or weighing or measur- 
 ing 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 measur- 
 ing instruments which are so marked shall have the same repaired 
 or corrected within ten days, and until so repaired or corrected, such 
 owner or user shall neither use nor dispose of the same in any way, 
 but shall hold the same at the disposal of the sealer. Any apparatus 
 which has been so condemned for repairs and has not been repaired 
 as hereinbefore required shall be confiscated by the sealer. The 
 county sealer shall keep a complete record of all of his official acts 
 and shall make an annual report to the county commissioners, and 
 on or before October first in each year shall make a report, duly 
 sworn to, to the State superintendent of weights and measures, on 
 blanks to be furnished by the superintendent. The county sealer of 
 weights and measures shall, forthwith upon his appointment, give 
 a bond in the penal sum of one thousand dollars, with sureties to be 
 approved by the county treasurer, for the faithful performance of the 
 duties of his office. Nothing in the foregoing provisions shall be 
 construed to prevent two or more counties from combining the whole 
 or any part of their respective counties, as may be agreed upon by 
 the county commissioners, with one set of standards and one sealer, 
 upon the written consent of the State superintendent of weights and 
 measures. A county sealer appointed in pursuance of an agreement 
 for such combination shall, subject to the terms of his appointment, 
 have the same authority, jurisdiction and duties as if he had been 
 appointed by each of the authorities who are parties to the agree- 
 ment. 
 
 Sec. 2309 (1911). City sealer in cities of not less than 25,000 inhabit- 
 ants; powers and duties of. — There shall be a city sealer of weights 
 and measures in each city of not less than twenty-five thousand popu- 
 lation, according to the last preceding official State or United States 
 census, to be appointed by the mayor, subject to the approval of the 
 common council. He shall, in said city, perform the same duties and 
 have the same powers as the county sealer in the county. In those 
 cities in which no sealer is required by this section, the county sealer 
 of the county shall perform the same duties and have the same powers 
 as in the county. Nothing in the foregoing provisions shall be so 
 construed as to prevent any county and any of the cities situated 
 therein from combining the whole or any part of their respective 
 territories, as may be agreed upon, with one sealer, subject to the 
 written approval of the State superintendent of weights and meas- 
 ures. A sealer appointed in pursuance of any agreement for such 
 combination shall, subject to the terms of his appointment, have the 
 
CONNECTICUT 139 
 
 same jurisdiction and duties as if he had been appointed by each of 
 the authorities who are parties to the agreement. 
 
 Sec. 2310, as amended by Pub. Acts, 1925, ch. 256, p. 4077. False 
 weights or measures, use or possession of ; penalty. — Any person who, by 
 himself or by his servant or agent or as the servant or agent of 
 another, shall offer or expose for sale, sell or use in the buying or sell- 
 ing of any commodity or thing or for hire or reward or shall re- 
 tain in his possession a false weight or measure or weighing or meas- 
 uring device or any weight or measure or weighing or measuring 
 device which shall not have been sealed by the sealer of weights and 
 measures within one year; or who shall dispose of any condemned 
 weight, measure or weighing or measuring device contrary to the 
 provisions of the general statutes or shall remove any tag placed 
 thereon by a sealer of weights and measures; or who shall sell or 
 offer or expose for sale less than the quantity he shall represent; or 
 who shall buy and receive any commodity the weight or measure of 
 which is determined by weights or measures of the purchaser and 
 shall give credit or pay for a quantity of such commodity less than 
 that received by him; or who shall sell or offer or expose for sale 
 any commodity in a manner contrary to the provisions of the general 
 statutes; or who shall sell or offer for sale of have in his possession 
 for the purpose of selling any device or instrument to be used to, or 
 calculated to; falsify any weight or measure, shall, upon a first con- 
 viction, be fined not less than twenty nor more than two hundred 
 dollars or imprisoned not more than three months or both. Upon 
 any subsequent conviction any such person shall be fined not less than 
 fifty nor more than five hundred dollars or imprisoned in the county 
 jail not more than one year or both. 
 
 Sec. 2311. Authority of superintendent, deputy, and assistants to arrest 
 without warrant. — The superintendent of weights and measures, his 
 deputy and inspectors, and the county and city sealers of weights and 
 measures shall each have power to arrest, without warrant, any vio- 
 lator of the laws in relation to weights and measures, and to seize, 
 without warrant, for use as evidence, any false or unsealed weight, 
 measure or weighing or measuring device, or package or amount of 
 any commodity, found to be used, retained, offered or exposed for 
 sale, or sold in violation of law. 
 
 Sec. 2312. Penalty for interference with officials. — Any person who 
 shall hinder or obstruct the superintendent of weights and measures, 
 his deputy, or any inspector, or any county or city sealer, in the per- 
 formance of his official duties, shall be fined not less than two nor 
 more than two hundred dollars or imprisoned for not more than 
 ninety days or both. 
 
 Sec. 2313. Penalty for impersonating officials. — Any person who shall 
 impersonate the superintendent of weights and measures, his deputy, 
 or any inspector, or any county or city sealer, b} 7 use of his seal or a 
 counterfeit of his seal, or otherwise, shall be fined not less than one 
 hundred nor more than five hundred dollars, or imprisoned for not 
 more than one year or both. 
 
 Sec. 2314 (1913). Salaries to be paid by county treasurer. — The salary 
 of the county sealer of weights and measures shall be paid by the 
 county treasurer on order drawn by the county commissioners. 
 
140 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pub. Acts, 1925, ch. 55, p. 3834. 
 
 Sec. 1. Standards for towns. — The selectmen of each town shall pro- 
 vide standard weights and measures of various kinds, as may be 
 recommended and approved by the State superintendent of weights 
 and measures, and cause them to be tried and compared with the 
 State standards. 
 
 Sec. 2. Appointment of inspector of weights and measures; duties. — 
 The board of selectmen in any town may appoint an inspector of 
 weights and measures and fix his salary to be paid by the town. The 
 inspector of weights and measures in each town shall have the 
 custody of its weights and measures. He shall annually try, by the 
 town standards, the weights and measures used in trade in such 
 town; destroy such as he shall be unable to make correspond with 
 the standards and stamp such as shall be found or made true, with 
 the capital initial letter or letters of the name of the town, and the 
 year of such inspection. 
 
 Sec. 3. Repeal. — Sections 2315 and 2316 of the general statutes are 
 repealed. 
 
 Gen. Stats., 1918, Vol. 1, ch. 121, p. 715. 
 
 Sec. 2317 (1800). Penalty for using unstamped weights and meas- 
 ures. — Every person who shall, for the purpose of buying or selling, 
 use any weight or measure not legally stamped shall forfeit two 
 dollars, half to the town in which such offense shall be committed, 
 and half to the sealer of weights and measures for said town who 
 shall prosecute for such offense. 
 
 Gen. Stats., 1918, Vol. 1, ch. 119, p. 681. 
 
 Sec. 2247 (al915). County sealers of weights and measures. — The 
 county sealers of weights and measures shall receive such compen- 
 sation as shall be fixed by the senators and representatives of the 
 county at their biennial meeting, which shall be paid by the county 
 treasurer on order drawn by the county commissioners. 
 
 Pub. Acts, 1923, ch. 183, p. 3607. 
 
 Sec. 1. " Bakery " defined. — The word " bakery " is defined, for the 
 purpose of this act, as follows: A building or part of a building 
 wherein is carried on as a principal occupation the production of 
 bread, cakes, pies or other food products made either wholly or in 
 part of flour. 
 
 Sec. 2. Bread to be of standard weight. — Standard loaves of bread 
 produced in any bakery and procured or kept for the purpose of 
 sale, offered or exposed for sale, or sold, shall be of the following 
 standard avoirdupois weights: One pound or one and one-half 
 pounds or some multiple of one pound. The provisions of this act 
 shall not apply to biscuits, buns, crackers, rolls or loaves weighing 
 less than one-quarter pound per unit, or to what is commonly known 
 as " stale " bread and sold as such, provided the seller at the time 
 of sale shall expressly state to the buyer that the bread so sold is 
 stale bread. 
 
 Sec. 3. Loaves not of standard weight to be marked with weight, how.— 
 Loaves of bread produced in any bakery which shall not be of any of 
 the standard weights herein provided for, which shall be procured or 
 
CONNECTICUT 141 
 
 kept for the purpose of sale, offered or exposed for sale, or sold, shall 
 have their weight plainly and conspicuously stated in one of the 
 following ways: Bread wrapped in paper or other material prior 
 to the time of sale to have, on the outside of such wrappers, a plain 
 statement of the weight of the loaf of bread contained therein; 
 bread sold or exposed for sale without being wrapped, to have, on 
 each loaf, either a pan impression plainly setting forth its weight, 
 or a label attached to the loaf on which its weight shall be plainly 
 written or printed. The weight marks on such wrappers or labels 
 shall be printed in plain, heavy, Gothic, capital letters and figures 
 not less than five thirty-seconds of an inch in height, and shall not 
 be affixed to the loaf in a manner or with a gum or paste which is 
 unwholesome or unsanitary. 
 
 Sec. 4. Tolerance on individual loaves; tolerance on 12 loaves. — No 
 loaf of bread produced in any bakery shall, within twelve hours af- 
 ter delivery by the baker, vary more than one ounce per pound from 
 the standard or marked weight. The weight of twelve loaves of 
 bread selected at random from any one baking of bread shall not be 
 less than the total of the standard or marked weight of such loaves. 
 
 Sec. 5. Penalty. — Any person who, by himself or by his agent or 
 servant, shall violate any provision of this act shall, upon the first 
 conviction, be fined not more than two hundred dollars, and upon a 
 subsequent conviction not more than five hundred dollars or impris- 
 oned not more than six months or both. 
 
 Sec. 6. Repeal. — Chapter 261 of the public acts of 1921 is repealed. 
 
 Gen. Stats., 1918, Vol 1, ch. 123, p. 749. 
 
 Sec. 2457 (1909). Weight to be marked on print butter. — No person 
 shall, by himself, his servant or agent, sell or offer or expose for sale, 
 or have in his possession with intent to sell any print butter unless the 
 package or wrapper containing the same shall have conspicuously 
 printed thereon, in letters or figures not less than one-half inch in 
 height, in plain Gothic type, the net weight of the butter contained 
 therein. Every person who shall violate any provision of this sec- 
 tion shall be punished by a fine not exceeding twenty-five dollars. 
 
 Sec. 2474 (al911). Milk and cream to be sold by wine measure. — All 
 sales of milk or cream shall be made by wine measure. 
 
 Gen. Stats., 1918, Vol. 2, ch. 237, p. 1333. 
 
 Sec. 4782 (al895). Pound, ton, etc.; barrel; liquid gallon. — The avoir- 
 dupois pound shall bear to the troy pound the relation of seven thou- 
 sand 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 x [shall 
 contain] two hundred and thirty-one cubic inches. 
 
 Sec. 4783. Bushel measurement; heap measure; charcoal; barrel of 
 flour — of potatoes. — The bushel in struck measure shall contain 
 twenty-one hundred and fifty and forty-two hundredths cubic inches 
 and in heap measure twenty-five hundred and sixty-four cubic inches, 
 
 1 The words " The dry gallon shall contain two hundred and eighty-two cubic inches " 
 have been omitted, since this apparently conflicts with, sec. 2304 of the general statutes. 
 Which provides that " The weights and measures received from the United States « * • 
 shall be the State standards," as the National Government has never recognized nor 
 authorized the dry gallon mentioned above. 
 
142 
 
 LAWS CONCEBNING WEIGHTS AND MEASUKES 
 
 except that every bushel of charcoal shall contain twenty-seven hun- 
 dred 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 2 
 of potatoes, one hundred and seventy-two pounds. 
 
 Sec. 4784, as amended by Pub. Acts, 1923, ch. 185, p. 3609.— The bushel 
 of the following commodities shall weigh 3 — 
 
 Pounds 
 
 Apples 48 
 
 Apples, dried 25 
 
 Barley 48 
 
 Beans, dried 60 
 
 Beans, Lima (in pods) 34 
 
 Beans, string 24 
 
 Beets (table size) 50 
 
 Beet greens 12 
 
 Bran or shorts 20 
 
 Buckwheat 48 
 
 Carrots 50 
 
 Clover seed 60 
 
 Coal, hard 80 
 
 Corn, Indian 56 
 
 Corn rneal 50 
 
 Cottonseed, sea island 44 
 
 Cottonseed, upland 30 
 
 Cranberries 32 
 
 Cucumbers 48 
 
 Dandelions 12 
 
 Flaxseed 55 
 
 Grass seed, timothy, or herds 
 
 grass 45 
 
 Hickory nuts 50 
 
 Horseradish 50 
 
 Kale, commercially dry 12 
 
 Pounds 
 
 Lime 70 
 
 Mangelwurzel 60 
 
 Oats 32 
 
 Onions 52 
 
 Parsely 8 
 
 Parsnips 45 
 
 Peaches 52 
 
 Peaches, dried 33 
 
 Pears 52 
 
 Peas, dried 60 
 
 Peas (in pod) 26 
 
 Peppers 24 
 
 Plums 48 
 
 Potatoes 60 
 
 Potatoes, sweet 54 
 
 Quinces 48 
 
 Rice, rough 45 
 
 Rye 56 
 
 Rye meal 50 
 
 Salt, fine 70 
 
 Salt, coarse 70 
 
 Spinach, commercially dry 12 
 
 Tomatoes 56 
 
 Turnips, English 50 
 
 Turnips, rutabaga 60 
 
 Wheat 60 
 
 Any person who, himself or by his servant or agent, or as the 
 servant or agent of another, shall sell or offer for sale any of the 
 above-mentioned commodities at a less weight per bushel than 
 therein specified shall be fined or imprisoned or both as provided in 
 section 2310 of the general statutes. 
 
 Sec. 4785 (1917). Weight of sand and gravel. — A cubic yard of sand 
 shall contain twenty-six hundred pounds, and a cubic yard of gravel 
 twenty-eight hundred pounds. 
 
 Sec. 4789 (1911). Coal to be sold by weight; ticket to be delivered with 
 coal, stating weight; penalty. — All coal sold, except in accordance with 
 a written agreement with the purchaser otherwise, or offered for sale, 
 in this State, shall be sold or offered for sale by weight. No person, 
 firm or corporation shall deliver any coal unless such delivery is 
 accompanied by a delivery ticket and a duplicate thereof, on which 
 shall be distinctly expressed, in ink or other indelible substance, in 
 pounds, the weight of the coal contained in such vehicle or recepta- 
 cle, together with the name of the seller and the name of the pur- 
 chaser of such coal. One of such tickets shall be surrendered, upon 
 demand, to the sealer of weights and measures, for his inspection, 
 and such ticket or, when the sealer desires to retain the original 
 ticket, a weight slip issued by the seller, shall be delivered to the 
 
 2 See footnote, p. 20, relative to the Federal standard barrel. 
 
 s A slight change has been made in the arrangement for convenience of reference. 
 
CONNECTICUT 143 
 
 purchaser, or his agent or representative, at the time of the delivery 
 of such coal, and the other ticket shall be retained by the seller. 
 If the purchaser or his agent, takes such coal from the place of 
 purchase, a delivery ticket, showing the actual number of pounds 
 delivered, shall be given to the purchaser or his agent, at the time 
 of delivery. Any person who shall violate any provision of this 
 section shall be fined not more than two hundred dollars or impris- 
 oned not more than six months, or both. 
 
 Gen. Stats., 1918, Vol. 2, ch. 238, p. 1336. 
 
 Sec. 4794 (1911). Sale of food in package form; weight; marking. — 
 Every person who shall sell or offer for sale food in package form, 
 unless the net quantity of the contents be plainly and conspicuously 
 marked on the outside of the package in terms of weight, measure 
 or numerical count, shall be subject to the penalties provided in 
 section 2446: Provided, Reasonable variations shall be permitted, 
 and allowances shall be established by rules and regulations made 
 from time to time by the dairy and food commissioner and the 
 director of the Connecticut Agricultural Experiment Station. The 
 definitions of the terms "food" and "person" as given in sections 
 2437 and 2448 respectively, shall apply to the provisions of this 
 section: Provided, The term "food" as used herein, shall not in- 
 clude confectionery and shelled nuts when offered for sale in pack- 
 ages at a price not exceeding ten cents each. 
 
 Pub. Acts, 1921, ch. 142, p. 3137. 
 
 Sec. 1. Clinical standard thermometer established. — A clinical stand- 
 ard thermometer supplied by the State and certified by the Na- 
 tional Bureau of Standards for use by the State, shall be the State 
 clinical standard thermometer. 
 
 Sec. 2. Additional standard thermometers may be supplied. — In addi- 
 tion to the State clinical standard thermometer, there shall be sup- 
 plied by the State such additional clinical standard thermometers 
 as may be necessary to carry out the provisions of this act, to be 
 known as official clinical standards. Such thermometers shall be 
 verified by the director of the bureau of laboratories of the State 
 department of health upon their initial receipt and at least once in 
 each six months thereafter, by direct comparison with the State 
 clinical standard thermometer. The official clinical standard ther- 
 mometers may be used in making all comparisons of clinical ther- 
 mometers under test. 
 
 Sec. 3. Correct clinical thermometer defined. — The commissioner of 
 health shall promulgate tolerances and specifications for clinical 
 thermometers. A correct clinical thermometer shall be one which 
 conforms to the standard thereby established and to the specifica- 
 tions promulgated under the provisions of this act, within the 
 tolerances established as aforesaid. 
 
 Sec. 4. Correct thermometers to be sealed by the State department of 
 health. — Whenever the State department of health inspects and tests 
 a clinical thermometer which is offered for sale and finds it to be cor- 
 rect it shall seal or mark it or otherwise certify it as correct. When- 
 ever it inspects and tests such a clinical thermometer and finds it 
 to be incorrect it may condemn, seize and destroy it; or it may 
 
 517—26 10 
 
144 LAWS CONCEKNING WEIGHTS AND MEASUBES 
 
 return it to the owner upon a satisfactory guarantee that it will not 
 be sold or used within the State. 
 
 Sec. 5. Thermometers submitted to and approved by the State depart- 
 ment of health to be marked. — When a representative sample of a 
 clinical thermometer has been submitted by the manufacturer 
 thereof to the State department of health and is approved, it shall 
 assign a designating mark or number which shall thereafter be 
 permanently affixed by the manufacturer to all clinical thermome- 
 ters of that particular kind made by him. Such clinical ther- 
 mometers as are sealed by the manufacturer shall be marked with 
 the name, initials or trade-mark of the manufacturer, and by such 
 other marks as the department may require. The commissioner of 
 health shall have power to revoke the authority given by him to 
 any manufacturer under the provisions of this section upon proof 
 that the authorized seal or designating mark has been affixed to a 
 thermometer which does not conform to the sample approved by 
 him. 
 
 Sec. 6. Penalty. — Any person, who, by himself or by his servant or 
 agent, or as the servant or agent of another person, shall keep for 
 the purpose of sale, offer or expose for sale, or sell any clinical 
 thermometer which has not been sealed, marked or certified as cor- 
 rect by the State department of health or by the manufacturer as 
 aforesaid shall be fined not more than fifty dollars. 
 
 Gen. Stats., 1918, Vol. 2, ch. 191, p. 1057. 
 
 Sec. 3630 (1911). Inspection of meters. — Upon petition of any person, 
 and the payment by such person of a fee of one dollar for each 
 meter, the commission [public utilities commission] shall cause to 
 be inspected any electric, gas or water meter used in measuring elec- 
 tricity, gas or water supplied to such petitioner. The company 
 supplying electricity, gas or water through such meter shall reim- 
 burse the petitioner for said fee if such meter be found to be more 
 than two per centum fast, in the case of a gas meter, or four per 
 centum fast, in the case of an electric or water meter, and shall not 
 again use such meter until corrected and approved by the commis- 
 sion. The commission shall cause to be approved every electric, gas 
 or water meter in which the error does not exceed two per centum 
 for gas meters or four per centum for electric or water meters, and 
 shall cause the same to be stamped with some suitable device and 
 the date of approval. 
 
 Gen. Stats., 1918, Vol. 2, ch. 235, p. 1327. 
 
 Sec. 4755 (al822). Shad intended for market; weight per barrel and 
 half barrel; number of fish per barrel and half barrel. — All pickled shad, 
 intended for market, shall be split and well-cleansed, pickled in 
 strong brine, and shall remain in such brine at least fifteen days 
 before they shall be put up for market, and shall be put in barrels 
 or half barrels, the barrels containing two hundred pounds each and 
 the half barrels one hundred pounds each of fish well packed, with 
 a sufficient quantity of salt and filled with strong brine ; shad so put 
 up shall be of three classes, to wit: Class number one, to consist 
 wholly of shad well saved, free from rust or any defect, with the 
 head and tail cut off, and backbone taken out, each barrel to con- 
 tain not more than eighty shad, and each half barrel not more than 
 
CONNECTICUT 145 
 
 forty; class number two, to consist wholly of those well saved, 
 trimmed, pickled and prepared for packing, in the same manner as 
 class number one, each barrel to contain not more than ninety shad, 
 and each half barrel not more than forty-five; class number three, 
 to consist of such as will not answer for either of the former classes, 
 well saved, with the heads taken off. Every inspector, who shall 
 inspect and brand the same, shall designate by each brand the 
 quality, weight and kind of fish contained in each barrel and half 
 barrel branded by him, the year in figures when it shall have been 
 inspected, the word " Conn.," his own name and the name of the 
 town where said fish was put up. Every inspector of fish, who shall 
 inspect or brand any package of shad imported into this State, shall 
 be fined five dollars. 
 
 Sec. 4756 (1820). Regulations concerning barrels for fish. — All barrels 
 and half barrels, containing fish, shall be well made of seasoned 
 red oak, white oak or chestnut timber ; each tierce shall be made with 
 twelve hoops; each barrel shall be of the capacity of from twenty- 
 eight to thirty gallons, and each half barrel of the capacity of fifteen 
 gallons and a half. 
 
 Sec. 4758 (1822). Fraudulent altering of contents of cask; penalty. — 
 Every person who, after the inspection and branding of a cask con- 
 taining fish shall fraudulently take out or change any part of the 
 contents thereof or put into it any fish not inspected, shall be fined 
 twenty dollars. 
 
 Gen. Stats., 1918, Vol. 2, ch. 236, p. 1329. 
 
 Sec. 4764 (al893). Fertilizers, weights to be marked. — Every person 
 who shall sell, offer or expose for sale, any commercial fertilizer 
 or manure, except stable manure, and the products of local manu- 
 facturers of less value than ten dollars a ton, shall affix conspicuously 
 to every package thereof a plainly printed statement, clearly and 
 truly certifying the number of net pounds of fertilizer in the pack- 
 age, the name, brand or trade-mark under which the fertilizer is 
 sold, the name and address of the manufacturer, the place of manu- 
 facture, and the chemical composition of the fertilizer, expressed 
 in the terms and manner approved and usually employed by the 
 Connecticut Agricultural Experiment Station. If any such fertil- 
 izer be sold in bulk, such printed statement shall accompany every 
 lot and parcel sold, offered, or exposed for sale. 
 
 Pub. Acts, 1925, ch. 196, p. 3982. 
 
 Sec. 2. Commercial feeding stuff, net weight to be marked. — Each lot 
 or parcel of concentrated commercial feeding stuff sold, offered or 
 exposed for sale shall have conspicuously affixed thereto a plainly 
 printed statement certifying (1) the number of net pounds of feed- 
 ing stuff contained therein, (2) the name, brand or trade-mark under 
 which the article is sold, (3) the name and address of the manu- 
 facturer or importer, * * * 
 
 Gen. Stats., 1918, Vol. 2, ch. 237, p. 1333. 
 
 Sec. 4786 (1869). Cotton thread, quantity of, to be designated.— 
 Every manufacturer of cotton sewing thread, and every person en- 
 gaged in putting up such thread on spools or in packages of one pound 
 weight or less, intended for sale, shall, before the same is offered for 
 
146 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 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 im- 
 press upon, each spool or package such a label or stamp, or shall, 
 with intent to deceive, affix to or impress upon, or suffer to be affixed 
 to or impressed upon, any such spool or package, a label or stamp 
 specifying that it contains a greater number of yards, or a greater 
 quantity of thread by five per centum than it does contain, shall 
 be fined five dollars for each of such spools or packages; and every 
 trader who shall offer for sale such thread, knowing or having reason 
 to believe that it is falsely labeled 01 stamped as regards length or 
 quality, shall be subject to the same fine. 
 
 S53. 4787 (1813). Sale of domestic sewing silk by skein. — Every per- 
 son who shall sell or offer for sale, by the skein, any sewing silk manu- 
 factured in this country, unless each skein shall consist of twenty 
 threads, each two yards long, shall be fine seven dollars. 
 
 Sec. 4788, as amended by Pub. Acts, 1923, ch. 128, p. 3566. Babcock 
 milk-test bottles not to be used unless stamped by the Connecticut Agri- 
 cultural Experiment Station; penalty. — No person or corporation buy- 
 ing milk or cream and making payments therefor based on the 
 results of the Babcock test shall use any bottle or pipette for the 
 purpose of determining the relative or proportional amount of 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 at New Haven. Any person violating any pro- 
 vision of this act shall be fined not less than seven nor more than 
 two hundred dollars or imprisoned not more than six months or both. 
 The dairy and food commissioner shall be charged with the enforce- 
 ment of this act. 
 
 Gen. Stats., 1918, Vol. 1, ch. 22, p. 169. 
 
 Sec. 358 (1842). Duties of public weighers. — Every public weigher, 
 upon payment of his lawful fees, shall accurately weigh any heavy 
 or bulky article of merchandise brought to him for that purpose, and 
 sign and give a certificate of its weight to the person bringing the 
 same. 
 
 Sec. 359. Scales and fees. — Towns in which public weighers are 
 appointed shall make such regulations relative to the scales and other 
 apparatus to be used by such weighers as they may deem necessary 
 for the public protection and convenience, and prescribe the fees, 
 not exceeding twenty cents for each weighing, to be paid to said 
 weighers, half by the seller and half by the purchaser, or may dele- 
 gate to the selectmen the powers and duties specified in this section ; 
 and the rate of fees so established shall be recorded in the town 
 records, and shall not be changed during the time for which such 
 weighers are appointed. 
 
 Sec. 360 (al854). Penalties. — Any public weigher who wilfully neg- 
 lects to weigh any article legally brought to him for that purpose, 
 and to give a certificate of the weight thereof according to law, 
 except in a matter in which he has an interest, or who shall give a 
 certificate of the weight of any article in which he has an interest and 
 every person selling any heavy or bulky article of merchandise, 
 usually sold by weight, who shall, upon the request of any purchaser 
 
CONNECTICUT 147 
 
 thereof who shall offer to pay for the weighing of the same, refuse 
 or decline to have the same weighed by a public weigher in the town 
 where said purchaser resides, shall be fined five dollars. 
 
 Sec. 361 (al889). Duties of measurers of wood. — The selectmen of each 
 town may appoint annually, and oftener if necessary, two or more 
 of its inhabitants to be measurers of wood offered for sale within 
 the town, who shall be duly sworn, and receive such compensation 
 for their services as the town may prescribe; and any of them, on 
 request of the owner of any wood so offered for sale, shall, without 
 delay, measure it and sign and give him a certificate of its quantity. 
 
 Pub. Acts, 1919, ch. 295, p. 2961. 
 
 Sec. 1. Standard barrel to be used for apples. — The standard barrel 4 
 for apples shall be of the following dimensions when measured 
 without distention of its parts: Length of stave twenty-eight and 
 one-half inches; diameter of head seventeen and one-eighth inches; 
 distance between heads twenty-six inches; circumference of bulge 
 sixty-four inches, outside measurement; and the thickness of staves 
 not greater than four-tenths of an inch; provided any barrel of 
 a different form having a capacity of seven thousand and fifty- 
 six cubic inches shall be a standard barrel. The standard box for 
 apples shall be of the following dimensions, by inside measure- 
 ment: Eighteen inches by eleven and one-half inches by ten and 
 one-half inches, without distention of its parts, and shall have a 
 capacity of not less than two thousand one hundred and seventy- 
 three and one-half cubic inches. 
 
 Sec. 3. Packages containing' apples to be marked. — Every closed pack- 
 age of apples packed or repacked in the State and intended for 
 sale, either within or without the State, shall have marked in a 
 conspicuous place on the outside of the package in plain letters 
 the following statements in the order named: (1) The name of 
 the State where grown; (2) the name of the grade as specified in 
 section two of this act; (3) the minimum size of the apples con- 
 tained therein; (4) a true statement of the quantity of the con- 
 tents; (5) the name of the variety; (6) the name and address of 
 the person by whose authority the apples were packed. If the 
 true name of the variety shall not be known to the person by 
 whose authority the apples were packed, then such statement shall 
 include the words "Variety unknown." Every closed package of 
 apples which is repacked shall bear the name and address of the 
 person by whose authority the apples are repacked in place of that 
 of the original owner. 
 
 Sec. 6. Marking on barrels to be in block letters. — The branding or 
 marking of barrels under the provisions of this act shall be in 
 block letters and figures of a size not less than one-half inch in 
 height. 
 
 Sec. 8. Adulterated packages, defined. — For the purposes of this act, 
 apples packed in a closed package shall be deemed to be adulterated 
 if their measure, quality or grade does not conform in every par- 
 ticular to the brand or mark upon or affixed to the package, or if 
 the faced or shown surface gives a false representation of the con- 
 tents of the package. 
 
 * See footnote, p. 20, relative to the Federal standard barrel. 
 
148 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 13. Terms " person " and " closed package," defined. — The word 
 " person " as used in this act shall include persons, firms, corporations, 
 societies and associations, and the acts of agents and employees shall 
 be construed to be the acts of their principals and employers as well 
 as of the agents and employees. The words " closed package " shall 
 mean a barrel, box or other container the contents of which cannot 
 be sufficiently seen for the purposes of inspection without opening 
 the container. 
 
 Gen. Stats., 1918, Vol. 2, ch. 346, p. 1825. 
 
 Sec. 6720, as amended by Pub. Acts, 1921, ch. 37, p. 3061. Providing 
 standard time for State and municipalities. — The standard of time for 
 the seventh-fifth meridian west of Greenwich shall be the standard 
 of time for this State, and no department of the State government 
 and no municipality or subdivision of the State, shall employ any 
 other time or adopt any ordinance, by-law or order providing for 
 the use of any other than the standard of time. 
 
DELAWARE 
 
 Rev. Code, 1915, ch. 82, p. 1361. 
 
 Sec. 2914 (al909). State chemist custodian of weights and measures; 
 duties of. — The State chemist is made the custodian of the standard 
 weights and measures of the United States, belonging to this State, 
 together with balances for adjusting duplicate standards. 
 
 The State chemist is required to keep the same in good order, and 
 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. 
 
 Sec. 2915. Standard. — The standard weights and measures of the 
 United States, now deposited in the custody and office of the State 
 chemist, are the true and legal standards for this State; and the 
 duplicate thereof, deposited with the several prothonotaries, are true 
 duplicate standards by which all weights and measures, used within 
 this State, shall be tried and regulated. 
 
 Sec. 2916 (1893). County regulators, term and oath; bond. — A. regu- 
 lator of weights and measures for each county shall be appointed by 
 the governor for the term of four years. The said regulator shall be 
 sworn, or affirmed, to perform the duties of his office faithfully and 
 impartially. He shall within thirty days, from his appointment, 
 give bond to the State, with sufficient surety, to be approved by the 
 governor, in 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 com- 
 mission shall be void. 
 
 Sec. 2917, as amended by laws, 1915, ch. 216, p. 635. Duties of regu- 
 lator of weights and measures in Kent and Sussex Counties; without 
 charge. — In Kent and Sussex Counties he shall visit, at least once 
 during the year ? every incorporated town in his county, for the pur- 
 pose of regulating, by and with the duplicate standards aforesaid, 
 without charge, any weights and measures, scales, balances, or other 
 weighing apparatus, that may be in use; and shall stamp the same 
 plainly with the letter " S," and the initial of his county should the 
 same be correct. 
 
 Sec. 2918, as amended by laws, 1919, ch. 196, p. 522. Further duties of 
 regulator; powers of regulator; to hold as evidence. — He shall, in like 
 manner, at all other times, regulate such weights and measures, scales, 
 or balances, as may be brought to him, or of which he may have 
 knowledge. And he shall diligently inquire for all unstamped 
 weights and measures, scales and balances, which are used within 
 his county for buying or selling. 
 
 Each regulator shall have power, within his respective jurisdiction, 
 to test all instruments and devices used in weighing or measuring 
 anything sold or to be sold. Such test shall include all appliances 
 
 149 
 
150 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 connected or used with such instruments or devices. For the pur- 
 pose of making such test, each regulator, at any reasonable time and 
 without formal warrant, may enter upon any premises ; and may, on 
 any public highway, stop any vendor or dealer, or the agent or 
 servant of such vendor or dealer, or stop any vehicle used in deliv- 
 ering any commodity which is weighed or measured as delivered. He 
 may condemn and mark as condemned, or may seize, any false or il- 
 legal instrument or device used, or intended to be used, in weighing 
 or measuring. If he shall seize any such instrument or device, he 
 shall retain possession thereof until it shall have been used as evi- 
 dence in any prosecution under the laws of this Commonwealth 
 relating to weights and measures. After the determination of such 
 prosecution the false or illegal instrument or device shall be de- 
 stroyed, unless otherwise ordered by the proper court. 
 
 Whenever he shall see fit so to do, or whenever he shall be so re- 
 quested the regulator of weights and measures in Kent or Sussex 
 County shall weigh any quantity of coal or ice on its way to or in 
 process of delivery and the expense of weighing same shall be paid 
 to him by the levy court of the county upon presentation of a re- 
 ceipted bill therefor, showing the payment thereof by him. 
 
 Sec. 2919, as amended by Laws, 1915, eh. 216, p. 635. Misdemeanor, 
 when. — If any person in Kent or Sussex Counties, shall buy, sell, or 
 barter, by any weight or measure, scale, balance, or other weighing 
 apparatus, that has not been duly regulated and stamped, or if any 
 person shall make, or use, a false stamp, or brand, for stamping 
 weights, or measures, he or she shall be fined twenty-five dollars 
 and pay in addition thereto the costs in the case. One-half of said 
 fine when recovered shall be paid to the informer. 
 
 Sec. 2920, as amended by laws, 1915, ch. 216, p. 635. Compensation of 
 the regulators. — The regulators shall be paid for their services, an- 
 nually, six hundred dollars in New Castle County and fees as here- 
 after provided, six hundred dollars in Kent and Sussex Counties, 
 said stated salaries to be allowed by the levy court of the respective 
 counties and paid as other county charges. 
 
 Sec. 2921, as amended by laws, 1915, ch. 216, p. 635. Duties of regu- 
 lator in New Castle County; powers. — He shall, as often as he may deem 
 necessary, go to all stores, offices, booths, stalls or other places of 
 business in his county, where any beams, scales, weights and meas- 
 ures are used for the purpose of buying or selling any goods, chattels 
 or other things, and test and adjust or cause to be tested and adjusted 
 (if possible) all such beams, scales, weights and measures, and 
 stamp the same plainly with the letter " S " and the initial of his 
 county and the current year. He shall also, in like manner, at all 
 other times, test and adjust such beams, scales, weights and measures 
 as may be brought to him for that purpose. The said regulator 
 shall have the same powers prescribed in 2918, section 5 of this 
 chapter. 
 
 Sec. 2922 (1893). Fees for trying and adjusting weights and measures; 
 fees ; collection of fees. — For which trial and adjustment the said regu- 
 lator for New Castle County, in addition to the salary already 
 allowed by law, shall demand and receive from the proprietors or 
 owners of all such weights, and beams, and scales, and measures, the 
 following fees, to wit: For the trial and balancing of every set ot 
 
DELAWARE 151 
 
 scales, eight cents ; for every patent balance, fifteen cents ; for every 
 set of coal or hay scales, one dollar each; for every set of platform 
 scales which draws five hundred 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 additional charge or fee for labor 
 or materials furnished for adjusting said beams, scales, weights and 
 measures to be fixed by agreement between the regulator and the 
 owner or user thereof; provided, always, that the said regulator 
 shall only be entitled to one-half of the above fees for stamping 
 such beams, scales, weights and measures as he shall find to be 
 correct after testing the same. The said regulator may collect by 
 suit, before any justice of the peace, all fees prescribed by this section 
 from the proprietors or owners of such scales, beams, weights or 
 measures, which he has adjusted. 
 
 Sec. 2922a, as enacted by Laws, 1915, ch. 216, p. 635. Annual fees. — 
 For every fee collected under the provisions of 2922, section 9 of 
 this chapter, the said regulator shall give a receipt therefor and no 
 person, copartnership, firm or company shall be required to pay more 
 than one fee in any one year, provided, however, the provisions of 
 this section shall in no way be deemed to restrict the number of 
 visits which the said regulator shall deem necessary to make during 
 any one year. 
 
 Sec. 2923 (al909). Seizure of false measures, etc. — The said regulator 
 of weights and measures for New Castle County is required to 
 immediately seize and deliver to the attorney general all false 
 beams, scales, weights and measures that he may find within the 
 county, which he is unable to adjust, together with a written report 
 giving such information in regard thereto as may be required of 
 him by the attorney general; and the regulator of weights and 
 measures 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 9 [sec. 2922] of this chapter ; and all the pro- 
 visions of this chapter relating to the inspection of beams, scales, 
 weights and measures in New Castle County 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 in said county for ascertaining 
 weights and measures for the purpose of charging for freight, ton- 
 nage, transportation, commission and all other charges, when such 
 charges are regulated by weight or measure. 
 
 Sec. 2924. Penalty; disposition of fines. — In case any user or owner 
 of such beams, scales, weights and measures, within the county 
 of New Castle, in this State, shall refuse or neglect to comply with 
 any of the requisitions which the said regulator is by this chapter 
 authorized or directed to make or shall knowingly sell or buy any 
 false beams, scales, weights, or measures; or shall purposely alter 
 
152 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 any beam, scale, weight, or measure, so that the capacity is dim- 
 inished or increased after the same shall have been adjusted and 
 stamped; or shall, in buying or selling, knowingly use any beam, 
 scale, weight, or measure, so altered, or shall purposely alter, any 
 beam, scale, weight or measure so as to impair the adjustment 
 thereof after the same shall have been adjusted and stamped; or 
 shall knowingly have in his possession any beam, scale, weight or 
 measure so altered as aforesaid ; or shall knowingly buy, sell, use, or 
 barter by any beam, scale, weight or measure, or other weighing 
 or measuring apparatus that has not been duly adjusted and stamped 
 as aforesaid; or shall knowingly make, use or have in possession 
 any false stamp or brand for stamping any beams, scales, weights, 
 or measures, he or they shall be guilty of a misdemeanor and upon 
 conviction thereof shall, for the first offense, be fined not less than 
 ten nor more than twenty dollars or imprisoned for a term not ex- 
 ceeding ten days, and, for every subsequent offense, be fined not less 
 than twenty or more than fifty dollars or imprisoned for a term not 
 exceeding thirty days. One half of all fines recovered for violations 
 of any of the provisions of section 8 to 13 [sections 2921 to 2926] 
 inclusive, of this chapter shall be paid by the officer receiving the 
 same to the informer and the other half to the treasurer of New 
 Castle County. 
 
 Sec. 2925 (1883). Weights in public markets; penalty. — All beams, 
 scales, weights and measures tested, adjusted and stamped under the 
 provisions of sections 8 to 13 [sections 2921 to 2926] inclusive, of 
 this chapter, which shall be used in the public markets and market 
 houses of any city or incorporated town in said county, shall be liable 
 to be tested and adjusted by the regulator of weights and measures 
 of such city or town, but no fee shall be charged therefor : Provided, 
 however, That if, upon such testing and adjustment, such beams, 
 scales, weights, or measures shall be found to be false, the person 
 or persons in whose possession the same shall be found shall, in addi- 
 tion to the fees prescribed by section 9 [section 2922] of this chapter, 
 pay to the regulator of weights and measures of such city or town 
 the fees allowed to such regulator for like services under the ordi- 
 nances and regulations of said city or town. 
 
 Sec. 2926. New Castle County; regulator authorized to administer 
 oaths. — The said regulator of weights and measures for New Castle 
 County is authorized and empowered to administer an oath or 
 affirmation to any or all proprietors or owners of any beams, scales, 
 weights or measures, named in sections 8 to 12 [sections 2921 to 
 2925], inclusive, of this chapter, to ascertain whether they are used 
 for the purpose of buying or selling, as is contemplated by said 
 sections. 
 
 Sec. 2927, as amended by laws, 1915, ch. 216, p. 635. Milk-can inspec- 
 tion ; fees. — It shall be the duty of the regulator of weights and meas- 
 ures in each county to inspect all bottles or cans used for the ship- 
 ment of milk or cream, and to stamp or mark each bottle or can so 
 inspected by him, with a stamp of inspection showing that the same 
 has been inspected and that the capacity is correct, according to the 
 standard measure for milk and cream in this State at the time of 
 such inspection. For inspecting each can and stamping, as pro- 
 vided in this section, the said regulator of weights and measures shall 
 
DELAWARE 153 
 
 be paid by the owner or owners thereof at the time of such inspection, 
 the sum of ten cents: Provided, however, The provisions of 2922a, 
 section 9a, of this chapter, shall extend to the inspection provided 
 by this section. 
 
 Sec. 2928 (1883). Regulators generally; keeping duplicate standards 
 and balances in good order; attending State chemist for regulating 
 same. — Each regulator of weights and measures shall preserve and 
 keep, in good order, the duplicate standards belonging to the county, 
 and the balances furnished him for regulating weights; and he shall 
 attend, with said duplicate standards, at the office of the State 
 chemist, when required by him in writing so to do, for the purpose 
 of having them regulated by the originals. 
 
 Sec. 2929 (1909). Standard gallon for milk; penalty.— It shall be 
 unlawful for any person, firm or corporation to sell or offer for sale, 
 or to demand from any person, firm or corporation offering for sale, 
 either wholesale or retail, any milk, skim milk or cream according 
 to any other standard of measurement than that known as the liquid 
 or wine measure containing two hundred and thirty-one cubic inches 
 to the gallon: Provided, That nothing in this section will prevent 
 the sale of milk, skim milk or cream by weight or percentage of 
 butterfat. 
 
 Every person, firm or corporation and every officer, agent, servant 
 or employee of such person, firm or corporation, who shall violate 
 any of the provisions of this section, shall be guilty of a misde- 
 meanor, and upon conviction thereof shall be fined not less than 
 twenty-five or more than one hundred dollars, or shall be imprisoned 
 for a term of not less than ten or more than thirty days, or both, at 
 the discretion of the court. 
 
 Sec. 2930. Standard bushel for charcoal; standard measures by weight 
 of charcoal. — The standard measure of charcoal in this State shall be 
 two thousand seven hundred and forty-eight cubic inches for each 
 and every bushel thereof, and when sold by weight, a bushel shall 
 be twenty pounds, commercially dry. 
 
 Laws, 1921, ch. 190, p. 622. 
 
 Sec. 4. Food, misbranding. — * * * That, for the purposes of this 
 act, an article shall also be deemed to be misbranded : * * * 
 
 In the case of food: * * * 
 
 3. If in package form, the quantity of the contents be not plainly 
 and conspicuously marked on the outside of the package in terms of 
 weight, measure, or numerical count. 
 
 Revised Code, 1915, ch. 82, p. 1361. 
 
 Sec. 2931°. Mason work; rules for measurement of. — The following 
 shall be the rules for the measurement of mason work in this State : 
 
 The units of measurement shall be as follows : 
 
 1. For excavation, the cubic yard; for concrete foundation, the 
 cubic yard; for concrete floors, the superficial foot; for dimension 
 stone footings, the superficial foot; for dimension stone bridge 
 masonry, the cubic foot; for dimension stone surface dressing, the 
 superficial foot, extra price; for rubble work, the perch of twenty- 
 four and three-quarters cubic feet ; for rubble work surface dressing, 
 the superficial foot, extra price; for brick work, the thousand brick; 
 
154 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 for plastering plain surfaces, the superficial yard; for plastering 
 cornices, the running and superficial foot. 
 
 2. A perch of stone shall contain, when measured in the wall, 
 twenty-four and three-quarters cubic feet; when measured in square 
 piles on the ground, twenty-seven cubic feet; when measured in 
 boats, thirty cubic feet; when measured in cars, thirty-one and one- 
 half cubic feet. All stone to be measured in the wall when prac- 
 ticable. 
 
 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 gov- 
 erning the measurement of mason work, i. e., mason measure shall 
 be the basis of settlement. 
 
 3. Excavation. — All excavation to be measured and computed by 
 the actual amount of material displaced. No allowance for re- 
 handling. Walls to be measured by the lineal foot in depth. 
 
 4. Concrete. — Foundation, measure actual contents. Floor, meas- 
 ure actual surface laid, except that no deduction be made for open 
 tile drains. 
 
 5. Dimension Stone. — Footings to be measured each course sepa- 
 rately. No deductions for drain or other openings under walls two 
 feet, or less, in width. Bridge masonry, compute actual cubic con- 
 tents. Surface dressing of all kinds extra. 
 
 6. Rubble Work. — Footings to be measured by actual cubic con- 
 tents. Footings are all such foundation courses not exceeding six- 
 teen inches in height as are wider than the body of wall above. 
 
 7. Walls. — Compute actual contents and for each angle or cor- 
 ner of ninety degrees in a vertical wall, add two cubic feet for each 
 foot in height of the wall, if the wall is battered add two and one- 
 half cubic feet for each foot in height. For each angle of more 
 or less than ninety degrees in any wall, add two feet in length of 
 wall. 
 
 8. Partition Walls. — Intersections of walls, measure actual con- 
 tents of the walls and add one cubic foot for each foot in height 
 for each angle made by the faces of the intersecting walls. 
 
 9. Circular Walls. — For round walls, for length of walls, take 
 one and one-fourth times the girt measure. 
 
 10. Pilasters and Projections. — All projections, such as chim- 
 ney breasts, piers connected with walls and pilasters, to be meas- 
 ured actual cubic contents and add thereto one cubic foot for each 
 intersection of the sides of such projection with the wall, and two 
 cubic feet for each outer corner for each foot in height. If such pro- 
 jections are battered on the outer face, add two and one-half cubic 
 feet instead of two cubic feet for each outer corner for each foot in 
 height. 
 
 11. Piers. — Square or polygon piers, to be measured actual cubic 
 contents ; if vertical, two cubic feet to be added for each corner for 
 each foot in height. If battered, add instead two and one-half 
 cubic feet for each corner for each foot in height. 
 
 12. Round piers, add three feet to the measured diameter of the 
 pier, and compute the contents, with this sum used as the diameter, 
 the height to be taken as measured. 
 
 13. Stepped piers or piers with vertical off-sets. 
 
DELAWARE 155 
 
 Stepped piers or piers diminishing from the bottom by off-sets 
 shall Toe computed by the above rule No. 10. And also add the 
 sum of the areas of the level surface of the several steps (excepting 
 the top of the pier) multiply by one foot in height. 
 
 Provided, however, That all such parts of independent piers as 
 are six inches or more below the surface of the ground are to be 
 computed actual contents, and one cubic foot added for each foot 
 in height or depth. 
 
 14. Recesses and Slots. — All recesses and slots to be measured 
 solid, and in addition thereto allow one cubic foot for each foot 
 in height. 
 
 15. Arches. — Stone arches are classed as cut stone work. 
 
 16. Openings. — Deduct contents of windows, doors and other 
 openings, measuring from top of sill to spring of arch, and add 
 three cubic feet for each jamb for each foot in height of opening. 
 No deduction to be made for cut stone trimmings and lintels. 
 
 17. Jambs. — For any jamb, caused by differences in heights in 
 parts of the same wall, or in adjacent walls, except in junctions of 
 partition walls, add two cubic feet for each foot in height. 
 
 18. Change in Height of Walls After Having Been Leveled. — 
 Compute the additional amount of masonry and add thereto one 
 foot in height of wall. 
 
 19. Gables. — Gables to be computed one and one-half times the 
 actual contents. 
 
 20. Beam Filling. — For beam filling, on level walls, add one foot 
 in height of wall; on gable add one foot in height of wall by the 
 extreme width of gable at its base. 
 
 21. Minimum Height and Thickness of Wall. — No wall to be 
 computed at less than eighteen inches in thickness, nor one foot in 
 height. 
 
 22. Brickwork. — Compute the actual number of bricks laid. 
 When in the wall and practicable, the number of bricks to be esti- 
 mated by actual count; when not practicable to so count them the 
 following rule to be taken as a basis for estimating the number, viz : 
 Every superficial foot of one-half brick (four and one-half inches) 
 wall to be estimated at six and one-half bricks; of one brick (nine 
 inches) wall at thirteen bricks, etc. Increase the number of bricks 
 by six and one-half bricks for every additional half brick in thickness 
 of wall. 
 
 23. Measurement of Partt Walls. — Party walls to be measured 
 according to the above rules, and joist holes to be charged at the rate 
 of fifteen cents each. 
 
 24. Plastering and Lathing. — To be measured by the superficial 
 yard from floor to ceiling for walls, and from wall to wall of ceiling. 
 
 25. Corners, Beads, Etc. — All corners, angles, beads, quinks, rule 
 joints and mouldings to be measured by the lineal foot on their 
 longest extension. Add one foot for each stop or mitre. 
 
 26. Cornices. — Length of cornices to be measured on walls. 
 Plain cornices, of two feet girt, or less, to be measured on walls by 
 the lineal foot. Plain cornices exceeding two feet girt to be meas- 
 ured by the superficial foot. Add one lineal foot by girt for each 
 stop or mitre. Enriched cornices (cast work) by the lineal foot for 
 each enrichment. 
 
156 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 27. Arches, Corbels, etc. — Arches, corbels, brackets, rings, center 
 pieces, pilasters, capitals, vases, rosettes, basses, pendants, and niches 
 by the piece. 
 
 28. Openings. — Openings in plastering to be measured between 
 grounds. No deduction to be made for opening of nine feet or less. 
 For openings of more than nine feet square, deduct contents of open- 
 ings. 
 
 Sec. 2932 (1898). Standard loaf of bread; short loaves. — All loaves of 
 bread manufactured from wheat flour in whole or in part, sold or 
 offered for sale in this State by the baker or manufacturers thereof 
 or by any other person whether wholesale or retail shall weigh at 
 least one pound avoirdupois weight. 
 
 If any baker or manufacturer of bread into loaves from wheat 
 flour in whole or in part, or any other person shall in this State sell 
 or offer to sell to any person any such loaf of said bread that shall 
 weigh less than one pound avoirdupois weight he, she or they, or 
 it shall be guilty of a misdemeanor, and upon conviction thereof 
 shall forfeit and pay to the county wherein such sale or offer to sell 
 is made, a fine of not less than five dollars, and not more than 
 twenty-five dollars and upon default of the payment of said fine 
 shall be imprisoned in the county jail not exceeding thirty days. 
 
 Sec. 2933, as amended by Laws, 1921, ch. 180, p. 575. Berry cups; 
 hampers; barrels; peach and summer apple baskets; standards of, use of; 
 measures, how marked; when standards not used; as a misdemeanor, 
 penalty. — The standard pint basket or cup for fruit and berries in 
 this State shall contain a full pint. The standard quart basket or 
 cup for fruit and berries in this State shall contain a full quart. 
 The standard hamper in this State shall hold a full bushel. The 
 standard barrel for fruit and produce shall hold eleven pecks. 1 The 
 standard peach basket shall hold one-half of a bushel. For the 
 summer apple the standard basket shall hold one bushel. The stand- 
 ard basket for all potatoes, tomatoes, turnips, onions and cabbage 
 shall hold five-eighths of a bushel. 
 
 In measuring all forms of fruit and produce dry measure shall 
 be used. 
 
 Every person or corporation in this State handling, shipping or 
 selling fruit or produce in cups or baskets, hampers, barrels, peach 
 baskets, summer apple baskets, and all potato, tomato, turnip, onion 
 and cabbage baskets shall use the standard cup or basket, hamper, 
 barrel, peach basket, summer apple basket, or potato, tomato, turnip, 
 onion or cabbage basket, or if he or it shall use a different size from 
 that herein designated as standard for any of these fruits or produce, 
 he shall clearly mark upon the outside of such cup or basket, hamper, 
 barrel, peach basket, summer apple basket or potato, tomato, turnip, 
 onion or cabbage basket, in figures not less than one inch in height 
 the exact amount which such cup or basket, hamper, barrel, peach 
 basket, summer apple basket or potato, tomato, turnip, onion or 
 cabbage basket does hold. 
 
 Whoever shall violate the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof, shall be fined 
 a sum not less than ten dollars for each offense. 
 
 1 See footnote, p. 20, relative to Federal standard barrel law. 
 
DELAWARE 157 
 
 Sec. 2934, as amended by Laws, 1919, ch. 196, p. 522. Standard ton of 
 coal to contain 2,240 pounds avoirdupois ; violation a misdemeanor ; fraud 
 in sale of coal and ice. — The legal standard ton for coal in this State 
 shall be two thousand two hundred and forty pounds avoirdupois 
 weight; any coal dealer or other person selling or sending out into 
 the highways, lanes, or streets of this State, or any city or town of 
 this State, or otherwise disposing of a load of coal containing less 
 than two thousand two hundred and forty pounds avoirdupois for 
 a ton, except when delivering fractions of a ton, or if delivering 
 a fraction of a ton and said fraction of a ton contains less relatively 
 than the legal standard of two thousand two hundred and forty 
 pounds avoirdupois, the dealer or other person so acting shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof shall 
 be compelled to pay a fine of fifty dollars. 
 
 And every person, firm or corporation delivering or attempting 
 to deliver in the way of sale in Kent or Sussex County of this State 
 any quantity of coal or ice purporting to be of a greater net weight 
 than the same shall actually be at the time of delivery shall be guilty 
 of a misdemeanor and upon conviction thereof shall be punished 
 by a fine of one hundred dollars for the first offense, which fine shall 
 be doubled for any second offense and doubled progressively for each 
 subsequent offense thereafter, which penalty shall in Kent and 
 Sussex Counties be in lieu of the penalty prescribed by the fore- 
 going paragraph of this section. 
 
 Sec. 2935°. Measure for oysters sold in shell. — The measure for oysters 
 sold in the shell by the bushel, shall be as provided by section 129 
 [section 2486] of chapter seventy-four. 
 
 Rev. Code, 1915, ch. 74, p. 1146. 
 
 Sec. 2486 (1899). Measures for oysters sold in shell; violation; misde- 
 meanor; penalty. — All oysters sold in the shell by the bushel measure 
 in this State, shall be measured in a circular bushel tub with straight 
 sides and straight solid bottom, and said tub shall have the following 
 dimensions, viz: Fifteen inches in diameter across the top from in- 
 side to inside, and thirteen inches and three-quarters across the bot- 
 tom from inside to inside, and twenty inches diagonal from inside 
 chime to top. Any person or persons engaged in buying or selling 
 oysters in this State and measuring the same in any measure con- 
 trary to the provisions of this section shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof, shall be fined ten dol- 
 lars and costs. The person or persons upon failure to pay said fine 
 shall be imprisoned for a term of not less than twenty days nor more 
 than thirty days in the county jail. The proceeds to go one-half to 
 the informer and one-half to be paid over to the collector of oyster 
 revenue, for the use of the State. Any justice of the peace in any 
 county of this State shall have jurisdiction to hear and determine all 
 violations of this section with the power to enforce its provisions. 
 
 Rev. Code, 1915, ch. 113, p. 1721. 
 
 Sec. 3782°. Standard weights; custody, etc. — The prothonotary shall 
 preserve and keep in good order the duplicate standards of weights 
 and measures deposited in his office; but he shall allow the regula- 
 tor of weights and measures of his county free access to, and use of, 
 the said duplicates, and the occasional custody of them, as may be 
 required for the discharge of his duties. 
 
158 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Revised Code, 1915, ch. 83, p. 1372. 
 
 Sec. 2936°. Wheat, Indian corn, and Indian meal; weight of bnshel. — 
 When wheat, or Indian corn, is sold by the bushel, and there is 
 no special agreement as to the measurement, or weight thereof, the 
 bushel shall consist of sixty pounds of wheat, and fifty-six pounds 
 of corn. Whenever Indian-corn meal shall be sold by the bushel, 
 and no special agreement as to the measurement or weight thereof 
 shall be made by the parties, the bushel, if sifted, shall consist 
 of forty-four pounds, and if unsifted the bushel shall consist of 
 forty-eight pounds. 
 
 Sec. 2937. Regulation and size of casks for exportation; packages of 
 meal ; hogshead. — All casks for the exportation of breadstuffs shall be 
 made of good seasoned materials, well hooped and nailed, and shall 
 be of the following sizes, viz: No. 1, 27 inches long, I6V2 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 exporta- 
 tion 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, 16y 2 inches diameter and 
 to contain 196 pounds, or in half barrels 22 inches long, 12y 2 
 inches diameter, and to contain 98 pounds, under the same penalty 
 herein provided for flour; except that wheat flour, or kiln-dried 
 Indian-corn meal, may be exported in sacks, or packages, if in- 
 spected and passed, and the same fees paid for inspection as in 
 proportion for barrels. 
 
 Sec. 2938. Brands to be used. — Each miller shall brand, or mark, 
 with his own name, or some name by which it may be distinguished 
 as his, every cask, or hogshead, of breadstuffs manufactured by him 
 for exportation, and mark the kind and quality, and weight, tare 
 and net, under penalty of twenty cents for each cask, or hogshead, 
 not branded, to anyone who will sue for the same; and if any per- 
 son shall mark a false weight, or wrong tare, to the disadvantage 
 of the purchaser, he shall forfeit and pay to the inspector one dollar 
 for each cask, or hogshead, so falsely branded. 
 
 Sec. 2940 (1899). Weight of flour or meal to be marked; penalty; mis- 
 branding. — Each and every bag, package, parcel or box of flour or 
 grain meal of any kind exposed or offered for sale to consumers in 
 this State shall have marked or printed prominently, distinctly and 
 conspicuously thereon the correct and exact weight in avoirdupois 
 
DELAWARE 159 
 
 of the flour or other grain meal contained in such bag, package, 
 parcel or box. 
 
 It shall be unlawful for any person or persons, firm or firms, 
 corporation or corporations to offer or expose for sale, any bag, 
 package, parcel or box of flour or any kind of grain meal, unless 
 the same has printed or marked thereon as aforesaid the exact and 
 correct weight as aforesaid. Every person or firm or firms violat- 
 ing the provisions of this section shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof, shall forfeit and pay a fine 
 of twenty-five dollars, besides the costs of suit. 
 
 If 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. 
 
 Revised Code, 1915, ch. 21, p. 313. 
 
 Sec. 697, as amended by Laws, 1921, ch. 33, p. 142. Commercial feeding 
 stuffs, how marked. — 48J. Every lot or parcel of commercial feeding 
 stuffs sold, offered or exposed for sale, or distributed within this 
 State shall have affixed thereto a tag or label, in a conspicuous 
 place on the outside, containing a legible and plainly written state- 
 ment in the English language, clearly and truly certifying: 
 
 (a) The net weight of the contents of the package, lot or parcel ; 
 
 (b) The name, brand or trade-mark; 
 
 (c) The name and principal address of the manufacturer or 
 person responsible for placing the commodity on the market ; * * * 
 
 Revised Code, 1915, ch. 22, p. 333. 
 
 Sec. 699, as amended by Laws, 1917, ch. 48, p. 127. Commercial fer- 
 tilizer; net weight to be marked. — Every person who shall sell, offer or 
 expose for sale, or have in his possession with intent to sell, in this 
 State, any commercial fertilizer or manure, shall affix conspicuously 
 to every package thereof a plainly printed statement, clearly and 
 truly certifying the number of net pounds of fertilizer in the pack- 
 age, the name, brand or trade-mark under which the fertilizer is 
 sold, the name and address of the manufacturer, the place of manu- 
 facture * * *. 
 
 Laws, 1923, ch. 54, p. 123. 
 
 Sec. 2. All liming materials to be labeled; net weight. — Any person, 
 manufacturer, corporation, dealer, agent or importer that shall 
 sell, offer or expose for sale any liming material to be used in agri- 
 culture in this State shall affix or cause to be affixed to every pack- 
 age or sample or lot of such liming material in a conspicuous place 
 on the outside thereof a tag, label, stencil or certificate, which shall 
 be accepted as a guarantee of the person, importer, manufacturer, 
 corporation or agent, and Avhich shall have plainly printed thereon 
 in the English language the following information : 
 
 1. The "net weight of the package or sample, excluding goods 
 shipped in bulk. 
 
 ******* 
 
 517—26 11 
 
160 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Laws of 1919, ch. 125, p. 281. 
 
 Sec. 1. Wilmington coal-weighing stations; penalty for short weigh- 
 ing. — That the council of the mayor and council of the city of 
 Wilmington be and it is hereby empowered to establish and main- 
 tain coal weighing stations in the city of Wilmington and pre- 
 scribe and collect a penalty for short- weight selling thereof. 
 
 Laws, 1903, ch. 400, p. 831. 
 
 Sec. 1. Inspector of plumbing in Wilmington to be also gas inspector. — 
 From and after the first day of May, A. D. 1903, the inspector of 
 plumbing, of the city of Wilmington, shall assume the duties of gas 
 inspector in and for the said city, and shall perform the duties 
 hereinafter provided for. 
 
 Sec. 8. Inspection of meter upon application of consumer. — Any con- 
 sumer of gas can have his meter tested under the supervision of the 
 gas inspector upon filing 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. 
 
 Sec. 9. Fees to be paid to city treasurer. — All fees so collected shall 
 be paid monthly into the treasury of the city of Wilmington. 
 
 Laws, 1921, ch. 36, p. 155. 
 
 Sec. 2. Babcock test. — It shall be unlawful for any person, associa- 
 tion, copartnership, or corporation, their agents or servants, en- 
 gaged in the business of buying milk or cream on the basis of, or in 
 any manner with reference to, the amount or percentage of butter- 
 fat contained therein, to underread, overread, or otherwise fraud- 
 ulently manipulate the test, commonly known as the " Babcock test," 
 used for determining the percentage of such fat in said milk or 
 cream, or to falsify the record thereof, or to make the "Babcock" 
 reading except when the fat has a temperature of one hundred thirty 
 degrees to one hundred forty-five degrees Fahrenheit, or to use for 
 such test quantities other than seventeen and six-tenths (17.6) cubic 
 centimeters in the case of milk, and nine (9) grams or eighteen (18) 
 grams in the case of cream. In all tests of cream, the cream shall 
 be weighed and not measured into the test bottle. 
 
 Sec. 3. Standard Babcock test glassware. — No person, association, co- 
 partnership, or corporation, purchasing milk or cream, and paying 
 for the same, on the basis of the percentage of butterfat contained 
 therein, shall, if the percentage of butterfat is ascertained by the said 
 " Babcock test," use any test glassware except standard Babcock test 
 glassware. If the proportion of butterfat is determined by any 
 method other than the " Babcock test," no utensil or instrument shall 
 be used in such determination until the same has been inspected and 
 approved by the State board of agriculture. 
 
 Sec. 7. True weight of milk or cream. — No person, association, co- 
 partnership, or corporation, purchasing or selling milk or cream, or 
 both, by weight, and no agent or servant of any such person, associa- 
 tion, copartnership, or corporation, shall fraudulently use, as the 
 basis of payment for such purchase, any weight other than the true 
 weight of the milk or cream so purchased or sold. 
 
DELAWAKE 161 
 
 Sec. 10. Penalty. — Any person violating any of the provisions of 
 this act shall be guilty of a misdemeanor, and, upon conviction 
 thereof, shall be sentenced to pay a fine of not more than one hundred 
 dollars ($100), or imprisonment in the county jail for not more than 
 thirty days, or both, in the discretion of the court. 
 
 laws, 1923, ch. 197, p. 586. 
 
 Sec. 1. Eastern standard time for legal purposes. — That from and 
 after the passage of this act, eastern standard time shall be the 
 standard time for all official and legal purposes in this State. All 
 State officials, county officials, courts, justices of the peace, schools 
 and banks shall conduct their respective offices and duties in accord- 
 ance with this provision. 
 
DISTRICT OF COLUMBIA 
 
 41 Stat., eh. 118, p. 1217. 
 
 Sec. 1 (1921), Department of Weights, Measures, and Markets created, 
 superintendent, appointment, and salary; custody of United States 
 standard weights and measures; assistants, etc., authorized. — That there 
 is hereby created an executive department in the government of the 
 District of Columbia which shall be known as the department of 
 weights, measures, and markets. Such department shall be in charge 
 of a superintendent of weights, measures, and markets, who shall be 
 appointed by and be under the direction and control of the Commis- 
 sioners of the District of Columbia and shall receive a salary of 
 $2,500 per annum. He shall have the custody and control of such 
 standard weights and measures of the United States as are now or 
 shall hereafter be provided by the District of Columbia, which shall 
 be the only standards for weights and measures in said District. 
 
 The commissioners are also authorized to appoint, on the recom- 
 mendation of the superintendent, such assistants, inspectors, and 
 other employees for which Congress may, from time to time, provide. 
 
 Sec. 2. Bond and oath. — That the superintendent shall, before enter- 
 ing upon the performance of his duties, give bond to the District of 
 Columbia in the penal sum of $5,000, signed by two sureties or by a 
 bonding .company, to be approved by the commissioners, conditioned 
 on the faithful discharge of the duties of his office, and shall take and 
 subscribe an oath or affirmation before the commissioners that he 
 will faithfully and impartially discharge the duties of his office, 
 which bond and oath shall be deposited with the commissioners. 
 
 Sec. 3. Powers conferred; inspection of weights, measures, etc., every 
 six months ; approval or condemnation to be marked, etc. ; unsuitable, etc., 
 devices to be condemned; use of scales, etc., forbidden, unless approved 
 within six months ; notice for inspection of unapproved scales, etc. ; port- 
 able measures to be inspected ; peddlers, etc., to have weights tested, etc., 
 semiannually ; not applicable to Government devices. — That the superin- 
 tendent and, under his direction, his assistants and inspectors, shall 
 have exclusive power to perform all the duties provided in this act. 
 They shall, at least every six months, and oftener when the superin- 
 tendent thinks proper inspect, test, try, and ascertain whether or not 
 they are correct, all weights, scales, beams, measures of every kind, 
 instruments or mechanical devices for weighing or measuring, and 
 all tools, appliances, or accessories connected with any or all such 
 instruments or mechanical devices for weighing or measuing used 
 or employed in the District of Columbia by any owner, agent, lessee, 
 or employee in determining the weight, size, quantity, extent, area, or 
 measurement of quantities, things, produce, or articles of any kind 
 offered for transportation, sale, barter, exchange, hire, or award, or 
 the weight of persons for a charge or compensation, and shall ap- 
 prove and seal, stamp or mark, in the manner prescribed by the com- 
 
 162 
 
DISTBICT OF COLUMBIA 16,3 
 
 missioners, such devices or appliances as conform to the standards 
 kept in the office of the superintendent, and shall seize and destroy 
 or mark, stamp, or tag with the word "condemned " such as do not 
 conform to the standards, and shall also mark the date of such con- 
 demnation upon the same. Any weight, scale, beam, measure, weigh- 
 ing or measuring device of any kind which shall be found to be un- 
 suitable for the purpose for which it is intended to be used or of 
 defective construction or material shall be condemned. No person 
 shall use or, having the same under his control, shall permit to be 
 used for any of the purposes enumerated in this act any weight, scale, 
 beam, measure, weighing or measuring device whatsoever unless the 
 same has been approved in accordance with the provisions of this 
 act within six months prior to such use, or that does not conform to 
 the standards kept in the office of the superintendent of weights, 
 measures, and markets, or which, having been condemned, has not 
 thereafter been approved as provided in this act. 
 
 Any person who shall acquire or have in his possession after the 
 passage of this act any unapproved scale, weighing instrument, or 
 nonportable measure or measuring device, subject to inspection or 
 test under the provisions of this act, shall notify the superintendent 
 in writing at his office, giving a general description thereof, and the 
 street and number or other location where same may be found, and 
 it shall be the duty of the superintendent to cause the same to be 
 inspected and tested within a reasonable time after receipt of such 
 notice. Any person who shall acquire or have in his possession after 
 the passage of this act any unapproved portable measure or meas- 
 uring device subject to inspection or test shall cause the same to be 
 taken to the office of the superintendent for inspection and test. 
 
 Every peddler, hawker, huckster, transient merchant, or other 
 person with no fixed or established place of business shall, before 
 using any weight, scale, measure, weighing or measuring device for 
 any of the purposes enumerated in this act, cause the same to be 
 taken to the office of the superintendent for inspection and test semi- 
 annually, and shall not use for the purposes herein mentioned any 
 weight, scale, measure, weighing or measuring device which has not 
 been approved within six months prior to the time of such use. 
 
 Nothing herein shall be construed to require the superintendent to 
 test any weighing or measuring device belonging to the United States. 
 
 Sec. 4. Use of altered or repaired scales, etc., without inspection, for- 
 bidden; inspection seals, etc., not to be altered, etc. — That no person 
 shall use or, having the same under his control, permit to be used, 
 any weight, scale, measure, weighing or measuring device, or any 
 attachment or part thereof after the same has been altered or re- 
 paired without the same having been inspected and approved as 
 provided herein after such alterations or repairs have been made, and 
 no persons shall alter, obliterate, detach, obscure, or conceal any 
 condemnation seal, stamp, mark, tag, or label, attached or impressed 
 by the superintendent or any of his assistants or inspectors, without 
 written permission of the superintendent. 
 
 Sec. 5. Refusing, obstructing, etc., tests, forbidden. — That no person 
 shall neglect, fail, or refuse to exhibit any weight, scale, beam, meas- 
 ure, weighing or measuring device, subject to inspection or test under 
 the provisions of this act, to the superintendent or any of his assist- 
 
1^4 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ants or inspectors for the purpose of inspection and test, and no 
 person shall in any manner obstruct, hinder, or molest the superin- 
 tendent or any of his assistants, inspectors, or other employees in the 
 performance of their duties. 
 
 Sec. 6. Detailed record of inspections to be kept. — That the superin- 
 tendent shall keep in his office a record of weighing and measuring 
 devices inspected, which record shall show the type of device, the 
 name and address of the owner, the date of inspection, and whether 
 the same was approved or condemned. Such record shall be open to 
 the public during regular office hours. 
 
 Sec. 7. True weight, etc., required of commodities sold; buyer to take 
 only actual weight, etc. — That no person shall sell, offer for sale, keep, 
 or expose for sale anywhere in the District of Columbia any com- 
 modity of any kind as a weight, measure, or numerical count greater 
 than the actual or true weight, measure, or numerical count thereof, 
 and no person shall take or attempt to take more than the actual and 
 true weight, measure, or numerical count of any commodity, when, as 
 buyer, he is permitted by the seller to determine the weight, measure, 
 or numerical count thereof. 
 
 Sec. 8. Sales by net weight ; ton ; coal. — That when any commodity is 
 sold by weight it shall be net weight. When any commodity, except 
 coal, is sold by the ton, it shall be understood to mean two thousand 
 pounds avoirdupois. Coal shall be sold by the long ton, consisting of 
 two thousand two hundred and forty pounds avoirdupois. 
 
 Sec. 9. Slot vending machines; regulations governing; name and ad- 
 dress of owner, etc. ; refunds if service, etc., not received. — That no per- 
 son, firm, or corporation shall erect, operate, or maintain, or cause to 
 be erected, operated, or maintained within the District of Columbia 
 any coin-in-the-slot machine or automatic vending device without 
 placing in charge thereof some responsible person. No such machine 
 shall be maintained for use when the same is not in perfect working 
 order, and the person in charge as well as the owner of such machine 
 or device shall be held responsible for operating or maintaining any 
 such machine or device which is not in perfect working order. A 
 sign or placard shall be placed on every such machine or device in a 
 conspicuous place and shall contain the name and business address 
 of the owner and of the person in charge of such machine or device, 
 and shall state that the person in charge of such machine or device 
 will refund to any person money deposited by him for which the 
 commodity or service promised expressly or impliedly has not been 
 received, and such person shall so refund such money. 
 
 Sec. 10. Sales tickets; requirements for use of. — That every person, 
 firm, or corporation shall, when a sales ticket is given with a purchase, 
 cause such sales ticket to show the correct name and address of such 
 person, firm, or corporation and the weight, measure, or numerical 
 count, as the case may be, of each commodity sold to the purchaser, 
 and every such person, firm, or corporation is hereby required to de- 
 liver such sales ticket to such purchaser when requested to do so by 
 such purchaser at the time of the sale. 
 
 Sec. 11. Coal, charcoal, and coke to be sold by weight; delivery receipts, 
 etc. ; verifying weight by inspectors ; provisos ; delivery of smaller quan- 
 tities; package sales; moisture limit; name of vendor, etc., on vehicle. — 
 That it shall be unlawful to sell or offer for sale in the District of 
 
DISTRICT OF COLUMBIA 165 
 
 Columbia any coal, charcoal, or coke in any other manner than by 
 weight. No person shall deliver or attempt to deliver any coal, 
 charcoal, or coke without accompanying same by a delivery ticket 
 and a duplicate thereof, the original of which shall be in ink or 
 other indelible substance, on each of which shall be expressed dis- 
 tinctly in pounds, avoirdupois, the gross weight of the load, the 
 tare of the delivery vehicle or receptacle, and the net weight of coal, 
 charcoal, or coke contained in the vehicle or receptacle used in mak- 
 ing delivery, with the name and address of the purchaser and the 
 name and address of the person, firm, or corporation from whom or 
 which purchased. Upon demand of the superintendent or any of 
 his assistants or inspectors upon the person in charge of the vehicle 
 of delivery, the original of these tickets shall be surrendered to the 
 official making such demand. The duplicate ticket shall be delivered 
 to the purchaser of said coal, charcoal, or coke, or to his agent or 
 representative, at the time of delivery of such coal, charcoal, or 
 coke. Upon demand of the superintendent or any of his assistants 
 or inspectors, or of the purchaser or intended purchaser, his agent 
 or representative, the person delivering such coal, charcoal, or coke 
 shall convey the same forthwith to some public scale, or to any legally 
 approved private scale in the District of Columbia, the owner of 
 which may consent to its use, and shall permit the verifying of the 
 weight, and after the delivery of such coal, charcoal, or coke shall 
 return forthwith with the wagon or other conveyance used to the 
 same scale and permit to be verified the weight of the wagon or 
 other conveyance: Provided, That when coal, charcoal, or coke is 
 sold in a quantity less than two hundred and eighty pounds and is 
 not weighed in a wagon, cart, or other vehicle, it shall be sufficient 
 for the seller to deliver to the purchaser, his agent or representative, 
 a ticket showing the name and address of the vendor, the name or 
 the purchaser, and the true net weight of the coal, charcoal, or coke 
 so sold or delivered : Provided further, That when coal, charcoal, or 
 coke is sold in packages of fifty pounds or less, it shall be sufficient to 
 plainly mark each package with the name of the person, firm, or 
 corporation making such package and the true net weight of the 
 coal, charcoal, or coke contained therein. 
 
 No coal, charcoal, or coke shall be sold which contains at the 
 time the weight is taken more water or other liquid substance than 
 is due to the natural condition of the coal, charcoal, or coke. 
 
 Every vendor of coal, charcoal, or coke shall cause his name and 
 address to be conspicuously displayed on both sides of every vehicle 
 used by or for him for the sale or delivery of coal, charcoal, or coke. 
 
 Sec. 12. Ice; regulations for sale by weight; scale requirements. — That 
 it shall be unlawful to sell, within the District of Columbia, any 
 ice in any manner other than by weight, such weight to be ascer- 
 tained at the time of delivery of such ice, and every person, or in 
 case of a firm, copartnership, or corporation, the person in charge 
 of its business in the District of Columbia, engaged in the sale of 
 ice shall keep on each of his or its wagons or other vehicles used 
 in the sale or delivery of ice, while in use, a scale suitable for weigh- 
 ing ice which has been tested and approved in accordance with the 
 provisions of this act. Every scale used for weighing ice in making 
 sales in quantities of one hundred pounds or less shall have gradua- 
 tions of one pound or less. Scales used for weighing ice in making 
 
166 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 sales in quantities of more than one hundred pounds may have 
 graduations of five pounds or less. 
 
 Sec. 13, as amended by act of Aug. 24, 1921. Bread; standard loaf 
 adopted; other sizes; labels required; details; scales at bakeries, etc.; 
 crackers, pretzels, etc.; proviso; variance allowed. — That the standard 
 loaf of bread manufactured for sale, sold, offered, or exposed for sale 
 in the District of Columbia shall weigh one pound avoirdupois, but 
 bread may also be manufactured for sale, sold, offered, or exposed for 
 sale in loaves of one-half pound, one pound and a half, or multiples 
 of one pound, but shall not be manufactured for sale, sold, offered, or 
 exposed for sale in other than the aforesaid weights. Every loaf of 
 bread manufactured for sale, sold, offered, or exposed for sale in the 
 District of Columbia shall have affixed thereon, in a conspicuous 
 place, a label at least one inch square, or, if round, at least one inch 
 in diameter, upon which label there shall be printed in plain bold- 
 face Gothic type, not smaller than twelve point, the weight of the 
 loaf in pound, pounds, or fraction of a pound, as the case may be, 
 whether the loaf be a standard loaf or not, the letters and figures of 
 which shall be printed in black ink upon white paper. The business 
 name and address of the maker, baker, or manufacturer of the loaf 
 shall also be plainly printed on each such label. Every seller of 
 bread in the District of Columbia shall keep a suitable scale which 
 shall have been inspected and approved in accordance with the pro- 
 visions of this act in a conspicuous place in his bakery, bakeshop, or 
 store, or other place where he is engaged in the sale of bread, and 
 shall, whenever requested by the buyer, and in the presence of the 
 buyer, weigh the loaf or loaves of bread sold or offered for sale. 
 Nothing herein shall apply to crackers, pretzels, buns, rolls, scones, 
 or to loaves of fancy bread weighing less than one-fourth of one 
 pound avoidupois, or to what is commonly known as stale bread, 
 provided the seller shall, at the time the sale is made, expressly state 
 to the buyer that the bread so sold is stale bread : Provided, That any 
 loaf of bread weighing within 10 per centum in excess or within 4 per 
 centum less than standard weight shall be deemed of legal weight. 
 
 Sec. 14. Milk; capacity of bottles, etc. — That bottles or jars used for 
 the sale of milk or cream shall be of the capacity of one gallon, half- 
 gallon, three pints, one quart, one pint, half-pint, or one gill when 
 filled to the bottom of the cap seat, stopple, or other designating 
 mark. Such bottles or jars shall have clearly blown or otherwise per- 
 manently marked in the side of each such bottle or jar or printed on 
 the cap or stopple the name and address of the person, firm, or cor- 
 poration who or which shall have bottled such milk or cream. Any 
 person who uses, for the purpose of selling milk or cream, bottles or 
 iars which do not comply with the requirements of this section shall 
 be deemed guilty of using false measure. 
 
 Sec. 15. Standard dry commodities containers established; barrel for 
 fruits, vegetables, etc.; dimensions; proviso; varying form; barrel for 
 cranberries; sales in less capacities unlawful; Climax baskets for grapes, 
 etc.; dimensions; two-quart baskets; four-quart basket; twelve-quart 
 basket; six-basket carrier crate; four-basket flat crate; container for 
 berries, cherries, beans, etc.; lug boxes; hampers; round-stave baskets; 
 apple box ; pear box ; onion crate ; sales of fruits, etc., except in standard 
 containers, or weight or count, forbidden; full quantity required; pro- 
 
DISTRICT OF COLUMBIA 167 
 
 viso; bunch vegetables; kale, spinach, etc. — That standard containers 
 for the sale of fruits, vegetables, and other dry commodities in the 
 District of Columbia shall be as follows : 
 
 (a) That standard barrel for fruits, vegetables, and other dry 
 commodities other than cranberries, shall be of the following dimen- 
 sions when measured without distention of its parts: Length of 
 stave, twenty-eight and one-half inches; diameter of heads, seven- 
 teen and one-eighth inches; distance between heads, twenty-six 
 inches; circumference of bulge, sixty-four inches, outside measure- 
 ment; and the thickness of staves not greater than four-tenths of an 
 inch : Provided, That any barrel of a different form having a capacity 
 of seven thousand and fifty-six cubic inches shall be a standard 
 barrel. The standard barrel for cranberries shall be of the following 
 dimensions when measured without distention of its parts: Length 
 of staves, twenty-eight and one-half inches ; diameter of head, sixteen 
 and one- fourth inches; distance between heads, twenty-five and one- 
 fourth inches ; circumference of bulge, fifty-eight and one-half inches, 
 outside measurement; and the thickness of staves not greater than 
 four-tenths of an inch. It shall be unlawful to sell, offer, or expose 
 for sale in the District of Columbia a barrel containing fruits or 
 vegetables or any other dry commodity of less capacity than the 
 standard barrels defined in this act, or subdivisions thereof known 
 as the third, half, and three-quarter barrel. 
 
 (b) Standards for Climax baskets for grapes and other fruits and 
 vegetables shall be the two-quart basket, four-quart basket, and 
 twelve-quart basket, respectively. 
 
 The standard two-quart Climax basket shall be of the following 
 dimensions: Length of bottom piece, nine and one-half inches; 
 width of bottom piece, three and one-half inches ; thickness of bottom 
 piece, three-eighths of an inch; height of basket, three and seven- 
 eighths inches, outside measurement; top of basket, length eleven 
 inches and width five inches, outside measurement. Basket to have 
 a cover five by eleven inches, when a cover is used. 
 
 The standard four-quart Climax basket shall be of the following 
 dimensions : Length of bottom piece, twelve inches ; width of bottom 
 piece, four and one-half inches; thickness of bottom piece, three- 
 eighths of an inch; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches; 
 width six and one- fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used. 
 
 The standard twelve-quart Climax basket shall be of the following 
 dimensions : Length of bottom piece, sixteen inches ; width of bottom 
 piece, six and one-half inches; thickness of bottom piece, seven- 
 sixteenths of an inch; height of basket, seven and one-sixteenth 
 inches, outside measurement; top of basket, length nineteen inches, 
 width nine inches, outside measurement. Basket to have cover nine 
 inches by nineteen inches, when cover is used. 
 
 (c) The six-basket carrier crate for fruits and vegetables shall 
 contain six four-quart baskets, each basket having a capacity of two 
 hundred and sixty-eight and eight-tenths cubic inches. 
 
 (d) The four-basket flat crate for fruits and vegetables shall con- 
 tain four three-quart baskets, each basket having a capacity of two 
 hundred and one and six-tenths cubic inches. 
 
168 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 (e) The standard box, basket, or other container for berries, 
 cherries, shelled peas, shelled beans, and other fruits and vegetables 
 of similar size shall be of the following capacities standard dry meas- 
 ure : One-half pint, pint, and quart. The one-half pint shall contain 
 sixteen and eight-tenths cubic inches; the pint shall contain thirty- 
 three and six-tenths cubic inches; the quart shall contain sixty-seven 
 and two-tenths cubic inches. 
 
 (/) Standard lug boxes for fruits and vegetables shall be the one- 
 half bushel box and the one-bushel box. 
 
 The one-half bushel lug box shall be of the following inside di- 
 mensions: Length, seventeen inches; width, ten and five-tenths 
 inches; depth, six inches. 
 
 The one-bushel lug box shall be of the following inside dimensions : 
 Length, twenty and three-fourths inches; width, thirteen inches; 
 depth, eight inches; and no lug box of other than the foregoing 
 dimensions shall be used in the District of Columbia. 
 
 (g) The standard hampers for fruits and vegetables shall be the 
 one-peck hamper, one-half bushel hamper, one-bushel hamper, and 
 one and one-half bushel hamper. 
 
 The one-peck hamper shall contain five hundred and thirty-seven 
 and six-tenths cubic inches; the one-half -bushel hamper shall con- 
 tain one thousand and seventy-five and twenty-one one-hundredths 
 cubic inches. The one-bushel hamper shall contain two thousand one 
 hundred and fifty and forty-two one-hundredths cubic inches, and 
 the one and one-half bushel hamper shall contain three thousand 
 two hundred and twenty-five and sixty-three one-hundredths cubic 
 inches. 
 
 (A) The standard round-stave baskets for fruits and vegetables 
 shall be the one-half bushel basket, one-bushel basket, one and one- 
 half bushel basket, and two-bushel basket. 
 
 The one-half -bushel basket shall contain one thousand and seventy- 
 five and twenty-one one-hundredths cubic inches. The one-bushel 
 basket shall contain two thousand one hundred and fifty and forty- 
 two one-hundredths cubic inches. The one-and-one-half-bushel 
 basket shall contain three thousand two hundred and twenty-five 
 and sixty-three one-hundredths cubic inches, and the two-bushel 
 basket shall contain four thousand three hundred and eighty-four 
 one-hundredths cubic inches. 
 
 (i) The standard apple box shall contain two thousand one hun- 
 dred and seventy-three and five-tenths cubic inches and be of the 
 following inside dimensions: Length, eighteen inches; width, eleven 
 and one-half inches; depth, ten and one-half inches. 
 
 (j) The standard pear box shall be of the following inside dimen- 
 sions: Length, eighteen inchese; width, eleven and one-half inches; 
 depth, eight and one-half inches. 
 
 (k) The standard onion crate shall be of the following inside di- 
 mensions: Length, nineteen and five-eighths inches; width, eleven 
 and three-sixteenths inches; depth, nine and thirteen-sixteenths 
 inches. 
 
 (I) No person shall sell, offer, or expose for sale in the District of 
 Columbia any fruits, vegetables, grain, or similar commodities in 
 any manner except in the standard containers herein prescribed or 
 by weight or numerical count; and no person shall sell, offer, or ex- 
 
DISTRICT OF COLUMBIA 169 
 
 pose for sale, except by weight or numerical count, in the District of 
 Columbia any commodity in any container herein prescribed which 
 does not contain, at the time of such offer, exposure, or sale, the full 
 capacity of such commodity compactly filled : Provided, That fresh 
 beets, onions, turnips, rhubarb, and other similar vegetables, usually 
 and customarily sold by the bunch, may be sold by the bunch. 
 
 All kale, spinach, and other similar leaf vegetables shall be sold 
 at retail by net weight. 
 
 Sec. 16. Containers not permitted as substitutes for dry measure. — 
 That nothing in this act contained shall be construed as permitting 
 the use as a dry measure or substituting for a dry measure any of 
 the following containers : Barrels, boxes, lug boxes, crates, hampers, 
 baskets, or climax baskets; and the use of any such container as a 
 measure is hereby expressly prohibited, and the user shall be fined 
 or imprisoned as herein provided for other violations of this act. 
 
 Sec. 16y 2 . Package form food; marking required; tolerances per- 
 mitted. — That no person shall sell, offer, or expose for sale in the 
 District of Columbia any food in package form unless the quantity 
 of contents is plainly and conspicuously marked on the outside of 
 each package in terms of weight, measure, or numerical count. The 
 commissioners are authorized to establish and allow reasonable vari- 
 ations, tolerances, and exemptions as to small packages. 
 
 Sec. 17. Firewood. — That a cord of wood shall contain one hundred 
 and twenty-eight cubic feet. Wood more than eight inches in 
 length shall be sold by the cord or fractional part thereof, and 
 when delivered shall contain one hundred and twenty-eight cubic 
 feet per cord when evenly and compactly stacked. Split wood, 
 eight inches or less in length, may be sold by such standard loads 
 as shall be fixed by the commissioners. 
 
 Sec. 18. Liquid measures; standard contents; no other deemed legal. — 
 That the standard liquid gallon shall contain two hundred and 
 thirty-one cubic inches; the half gallon, one hundred and fifteen 
 and five-tenths cubic inches; the quart, fifty-seven and seventy-five 
 hundredths cubic inches; the pint, twenty-eight and eight hundred 
 and seventy-five thousands cubic inches; the half pint, fourteen and 
 four hundred and thirty-seven thousandths cubic inches; the gill, 
 seven and two hundred eighteen thousandths cubic inches; the fluid 
 ounce, one and eight-tenths cubic inches; and no liquid measure of 
 other than the foregoing capacities, except multiples of the gallon, 
 shall be deemed legal liquid measure in the District of Columbia. 
 
 Sec. 19. Oysters; fish. — That shucked oysters shall be sold only by 
 liquid measure or numerical count, and whenever there is included 
 in the sale b,y measure of shucked oysters more than 10 per centum 
 of oyster liquid or other liquid substance, the vendor shall be deemed 
 guilty of selling short measure. 
 
 All fish shall be sold by avoirdupois weight. 
 
 Sec. 20. Automatic measuring pumps; regulations governing use, etc.; 
 inspection. — That every user of an automatic measuring pump or 
 similar device, shall, when the supply of the commodity which he is 
 measuring for sale with such pump or similar device, is insufficient 
 to deliver correct measure of such commodity by the usual or cus- 
 tomary method of operating such pump or device or when, for any 
 cause whatever, such pump or device does not, by the usual or cus- 
 tomary method of operating same, deliver correct measure, place a 
 
170 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 sign with the words, " Out of use " in a conspicuous place on such 
 pump or device where it may readily be seen, and shall forthwith 
 cease to use the same until his supply of such commodity is replen- 
 ished or until such pump or device is repaired, adjusted, or other- 
 wise put in condition to deliver correct measure. All automatic 
 measuring pumps or other similar measuring devices in use shall be 
 subject to inspection, and approval or condemnation, whether used 
 for measuring or not. 
 
 Sec. 21. Stated prices; pro rata for smaller quantities. — That whenever 
 any commodity is offered for sale at a stated price for a stated 
 quantity, a smaller quantity shall be sold at a pro rata price unless 
 the purchaser is informed to the contrary at the time of sale. 
 
 Sec. 22. Right to inspect packages, etc., declared. — That the superin- 
 tendent, or under his direction, his assistants and inspectors, shall 
 from time to time weigh or measure and inspect packages or 
 amounts of commodities of whatever kind kept for sale, offered or 
 exposed for sale, sold, or in the process of delivery, in order to 
 determine whether or not the same are kept for sale, offered for 
 sale, or sold in accordance with the provisions of this act, and no 
 person shall refuse to permit such weighing, measuring, or inspec- 
 tion whenever demanded by the superintendent or any of his assist- 
 ants or inspectors. 
 
 Sec. 23. Dealing in weights etc., by employees, unlawful. — That it 
 shall be unlawful for the superintendent or any employee of his 
 office to vend any weights, measures, weighing or measuring device, 
 or to offer or expose the same for sale, or to be interested, directly 
 or indirectly, in the sale of same. 
 
 Sec. 24. Police powers conferred ; right to enter premises except private 
 residences. — That there is hereby conferred upon the superintendent, 
 his assistants and inspectors, police power, and in the exercise of 
 their duties they shall, upon demand, exhibit their badges to any 
 person questioning their authority; and they are authorized and 
 empowered to make arrests of any person violating any of the pro- 
 visions of this act. The superintendent, his assistants, and inspec- 
 tors may, for the purpose of carrying out and enforcing the provis- 
 ions of this act and in the performance of their official duties, with 
 or without formal warrant, enter or go into or upon any stand, place, 
 building, or premises, except a private residence, and may stop any 
 vendor, peddler, dealer, vehicle, or person in charge thereof for the 
 purpose of making inspections or tests. 
 
 Sec. 25. Tolerances to be established; Federal statutes to govern. — 
 That the commissioners are hereby authorized and empowered to 
 establish tolerances and specifications for scales, weights, measures, 
 weighing or measuring instruments or devices, and containers used in 
 the District of Columbia. The commissioners shall prescribe and 
 allow for barrels, containers, and packages, provided for in this act, 
 the same specifications, variations, or tolerances that have been pre- 
 scribed or established, or that may hereafter be prescribed or estab- 
 lished for like barrels, containers, or packages by any officer of the 
 United States in accordance with any requirement of an act of 
 Congress. 
 
 Sec. 28. Public scales, regulations governing. — That the commission- 
 ers are authorized to appoint public weighmasters and grant licenses 
 
DISTRICT OP COLUMBIA 171 
 
 for the location of public scales in the District of Columbia under 
 such regulations as they may prescribe, and authorize such weigh- 
 masters to charge such fees as the commissioners may approve and 
 fix in advance, and they may grant permits, revocable on thirty days' 
 notice, for the location of such public scales on public space under 
 their control. No person other than a duly appointed and qualified 
 public weighmaster shall do public weighing or make any charge or 
 accept any compensation therefor. 
 
 Sec. 27. Authority of inspectors, etc. — That the powers and duties 
 granted to and imposed on the superintendent by this act are also 
 hereby granted to and imposed on his assistants and inspectors when 
 acting under his instructions. 
 
 Sec. 28. Supervision of public markets. — That the superintendent, 
 under the direction of the commissioners, shall have supervision of 
 all produce and other markets owned by the District of Columbia, 
 shall enforce such regulations regarding the operation of the same as 
 the commissioners may make, shall make such investigations regard- 
 ing the sale, distribution, or prices of commodities in the District of 
 Columbia as the commissioners may direct, and shall make reports 
 and recommendations in connection therewith. 
 
 Sec. 29. Words construed, " commissioners," " superintendent." — That 
 wherever the word " commissioners " is used in this act, it shall be 
 construed to mean the Commissioners of the District of Columbia. 
 Wherever the word " superintendent " is used in this act, it shall be 
 construed to mean the superintendent of weights and measures, and 
 markets. 
 
 Sec. 30. " Person," singular or plural, interchangeable. — That the word 
 "person," as used in this act, shall be construed to include copart- 
 nerships, companies, corporations, societies, and associations. Wher- 
 ever any word in this act is used in the singular, it shall be con- 
 strued to mean either singular or plural, and wherever any word in 
 this act is vised in the plural, it shall be construed to mean either 
 plural or singular, as the circumstances demand. 
 
 Sec. 31. Each section and provision declared independent; invalidity of 
 one not to affect others. — That each section of this act, and every pro- 
 vision of each section, is hereby declared to be an independent sec- 
 tion or provision, and the holding of any section or provision of any 
 section to be void, ineffective, or unconstitutional for any cause what- 
 ever shall not be deemed to affect any other section or provision 
 thereof. 
 
 Sec. 32. Punishment for violations; jurisdiction of police court. — That 
 any person violating any of the provisions of this act shall be pun- 
 ished by a fine not to exceed $500, or by both such fine and imprison- 
 ment not to exceed six months. All prosecutions under this act shall 
 be instituted by the corporation counsel or one of his assistants in 
 the police court of the District of Columbia. 
 
 Sec. 33. Operative in 90 days; former laws repealed; Vol. 28, p. 811; 
 Vol. 29, p. 192. — That this act shall become operative ninety days after 
 its passage. The act entitled "An act for the appointment of a 
 sealer and assistant sealer of weights and measures in the District of 
 Columbia, and for other purposes," approved March 2, 1895, as 
 amended, and the act entitled "An act defining the standard shape 
 and size of dry measures in use in the District of Columbia, and for 
 
172 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 other purposes," approved May 30, 1896, are hereby repealed, such 
 repeal to be effective when this act becomes operative. 
 
 30 Stat., ch. 30, p. 765. 
 
 Sec. 3 (1898). Barrels for flour; dimensions and weight of.- — That all 
 barrels and half barrels containing flour, manufactured within the 
 District of Columbia, or brought to the same for sale, shall be well 
 made, of good, clean material, and tightened with ten or twelve hoops, 
 sufficiently nailed with four nails in each chime hoop, and of the fol- 
 lowing dimensions, namely : The staves of all barrels to be in length 
 not less than twenty-seven inches; the diameter at the head to be 
 seventeen inches; and the staves of all half barrels to be twenty 
 inches in length, and the diameter of the head thirteen inches. 
 Flour barrels weighing not less than sixteen pounds tared or marked 
 on the branded head shall be deemed merchantable. 
 
 Sec. 5. Weight of barrels of flour; packing less quantity, penalty for; 
 barrel falsely tared, penalty for. — That every miller or bolter of flour 
 shall put into barrels the quantity of one hundred and ninety-six 
 pounds, and into half barrels the quantity of ninety-eight pounds; 
 and if any miller or bolter of flour shall pack any barrel or half bar- 
 rel with a less quantity of flour than by this act is required, he 
 shall forfeit, if the deficiency be one pound, a sum not exceeding 
 ten cents, and for every pound above one deficient, twenty-five cents ; 
 and said inspectors are hereby required, whenever they, or either 
 of them, have reason to suspect that any barrel or half barrel con- 
 taining flour is falsely tared, to cause the flour to be started and the 
 barrel or half barrel weighed ; and whenever it shall appear that the 
 barrel and half barrel weigh more than they are marked by the mil- 
 ler or owner, the said miller or owner shall forfeit and pay to the 
 said District for each such offense at the rate of ten cents for every 
 pound after the first that the barrel or half barrel may weigh short, 
 and shall moreover pay twenty-five cents for each and every barrel 
 or half barrel, unless on examination the tare should prove correct, 
 then in that case the cost and charges shall be paid by the inspector. 
 
Pounds avoirdupois 
 per bushel 
 
 Onions 56 
 
 Salt 60 
 
 Peanuts 22 
 
 Chufas 54 
 
 Eye 56 
 
 Apples, dried 24 
 
 Apples, green 48 
 
 Quinces 48 
 
 Peaches, dried 24 
 
 Peaches, green 54 
 
 Cottonseed 32 
 
 Cottonseed, sea island 44 
 
 Plums 40 
 
 Pears 55 
 
 Guavas 54 
 
 FLORIDA 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 38, p. 1207. 
 
 Sec. 2372 (al917). Standard weights and measures. — The following 
 standards of weights and measures shall be the standard of weights 
 and measures throughout the State of Florida : One standard liquid 
 gallon shall contain 231 solid inches. 
 
 The weights and measures shall be as follows : * 
 
 Pounds avoirdupois 
 per bushel 
 
 Wheat 60 
 
 Corn, shelled 56 
 
 Corn on cob with shuck 70 
 
 Sorghum seed 56 
 
 Barley seed 48 
 
 Oats 32 
 
 Bran 20 
 
 Corn meal 48 
 
 Beans, shelled 60 
 
 Beans, velvet, in hulls 78 
 
 Beans, castor, shelled 48 
 
 Millet seed 50 
 
 Beggar weed seed 62 
 
 Irish potatoes 60 
 
 Sweet potatoes 56 
 
 Turnips 54 
 
 Sec. 2373 (1901). Standard weights and measures to be used in con- 
 tracts. — All contracts hereafter made within this State for work to 
 be done or anything to be sold or delivered by weight or measure 
 shall be taken and construed according to the standard of weights 
 and measures hereby adopted as the standard of this State. 
 
 Sec. 2374. Weight to be marked on sacks of grain, etc. — All mer- 
 chants, commission merchants, grocers, provision dealers, store- 
 keepers and other persons, before selling or offering for sale any 
 grain, flour, meal, grits, corn, wheat, rye, oats, bran, beans, Irish 
 potatoes, sweet potatoes or peanuts, already put up, packed or placed 
 in any sack, bag or barrel, in original packages shall have marked 
 or stamped or stenciled upon such sack, bag or barrel, so sold or 
 offered for sale, with its contents in figures, at least one inch in 
 length, the exact weight in pounds avoirdupois of such bag, sack 
 or barrel, with its contents. If the bag, sack or barrel is of a dark 
 or black color such figures shall be marked, stamped or stenciled in 
 light colored ink or pencil; if the bag, sack or barrel is of a light 
 color, then the marking, stamping or stenciling shall be in black or 
 dark pencil, but in all cases the stamping, marking or stenciling 
 shall be plain, legible, and placed conspicuously on such bag, sack 
 or barrel. 
 
 Sec. 2375 (1905). Standard box or crate for oranges. — That hereafter 
 the legal and standard box or crate for oranges shall measure twelve 
 
 1 A slight change has been made In the arrangement for convenience of reference. 
 
 173 
 
174 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 inches in width and twelve inches in depth on the inside, making 
 each end or compartment of said box or crate, whenever the same 
 contains a middle partition, twelve inches in length, twelve inches 
 in depth, and twelve inches in width. No crate or box intended for 
 the sale or shipment, or delivery for sale or shipment of oranges, 
 except of the standard measure herein specified, shall be manu- 
 factured or sold. 
 
 Sec. 2376. Sale of oranges in boxes other than standard size; shipping 
 in half boxes; barrels and crates other size. — Every box or crate used 
 for the sale or delivery of oranges shall be of the Florida standard 
 measure, as above provided. No person shall use any crate or box 
 for such sale, shipment or delivery, except the same be of such stand- 
 ard measure : Provided, That nothing herein contained shall prevent 
 the shipment or delivery of oranges for sale in half boxes as herein 
 described : Provided, That nothing in this section shall prevent any 
 person shipping oranges in barrels or other crates over standard size. 
 
 Sec. 2377 (1915). Specifications for field boxes for oranges. — That all 
 field boxes to be used in the sale of oranges, grape fruit and lemons 
 by growers to packer or buyer shall be of the uniform size of twelve 
 inches wide, thirteen inches high, and thirty-three inches long, and 
 shall contain a middle partition not less than three-fourths of one 
 inch thick. 
 
 Sec. 2378 (1917). Standard crate for tomatoes. — That hereafter the 
 legal and standard crate for tomatoes shall measure ten inches in 
 depth, eleven inches in width, and twenty-four inches in length, on 
 the outside. 
 
 Sec. 2379. Basket, standard for tomatoes. — That hereafter the legal 
 and standard basket for use in tomato crates shall measure nine and 
 one-half inches long in the bottom, five inches wide in the bottom and 
 four and one-half inches deep, all of the last aforementioned meas- 
 urements being inside measurements. The length of the inside of 
 the top hoop of each basket shall be thirty-two and one-half inches. 
 
 Sec. 2380. Other container prohibited. — No crate or basket intended 
 for the sale or shipment or delivery for sale or shipment of to- 
 matoes, except of the standard measure herein specified, shall be 
 manufactured or sold. 
 
 laws, 1925, ch. 10134, p. 255. 
 
 Sec. 7. Inspection and test of self -measuring pumps. — That it shall be 
 the duty of the inspectors [oil inspectors] herein provided to famil- 
 iarize themselves with the accuracy adjusting devices on the various 
 makes of self-measuring pumps in use in the territory assigned to 
 them by the commissioner of agriculture. That they shall carefully 
 inspect all of such pumps located in the territory assigned to them 
 at least once every thirty days, that on all such pumps found to be 
 giving accurate measure with a variation of not to exceed four 
 ounces from the actual measures on a measure of five gallons, he 
 shall place a lead and wire seal, * * * on the adjusting device 
 or devices in such a way that the adjustment cannot be altered with- 
 out breaking the seal, any pump that is found to be giving inaccurate 
 measure in excess of four ounces, the inspector shall then and there 
 notify the operator of the pump, whether owner or lessee, to make 
 the necessary adjustments, the inspector to lend his assistance with 
 
FLORIDA 175 
 
 the standard measure provided for testing such pumps, * * * on 
 all pumps that have apparently been altered for the purpose of giving 
 short measure in excess of eight ounces on a measure of five gallons 
 or that can not be adjusted within a range of eight ounces, either 
 over or under, on a measure of five gallons, the inspector shall notify 
 the operator of such pump, whether he be owner or lessee, that it 
 must be immediately adjusted, the inspector to lend his assistance 
 with the standard measure for testing such pumps, should the opera- 
 tor fail or refuse to then and there make such adjustments as are 
 necessary to bring the measure within the allowed variation, the same 
 shall be condemned and dismantled immediately by the inspector 
 examining the same, and such pump shall not again be allowed oper- 
 ated in this State without the written consent of the commissioner 
 of agriculture. * * * Any person, company, firm, or corpora- 
 tion who shall reinstall and operate any pump, without the written 
 consent of the commissioner of agriculture, that has been condemned 
 by a duly authorized inspector herein provided because of giving 
 short measure in excess of eight ounces to a measurement of five 
 gallons, shall, upon conviction, be punished by a fine of five hundred 
 ($500) dollars, and such condemned pump shall be adjudged for- 
 feited to the State of Florida. * * * That on and after the 
 passage of this act, it shall be unlawful for any self -measuring pump 
 which can be secretly manipulated in such manner as to give short 
 measure to be installed or operated in this State. Any person, com- 
 pany, firm or corporation who shall install or operate a self-measur- 
 ing pump in any of the counties of this State, which has devices or 
 other mechanical means used for the purpose of giving short measure, 
 shall, upon conviction thereof, be punished by a fine of five hundred 
 ($500) dollars. * * * 
 
 Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, ch. 4, p. 2539. 
 
 Sec. 5198 (1901). Merchant offering to sell grain, etc., without marking 
 sack. — Any merchant, commission merchant, grocer, provision dealer, 
 storekeeper or other person, or any officer, agent, clerk or employee 
 of any merchant, commission merchant, grocer, provision dealer 
 or storekeeper who shall offer for sale, attempt to sell or sell any 
 of the articles mentioned in section 2374, already put up, placed 
 or packed in any sack, bag or barrel, in original packages, without 
 having such sack, bag or barrel marked, stamped or stenciled as 
 in the manner herein prescribed before offering for sale, attempting 
 to sell or selling the same, shall be punished by fine not exceeding 
 two hundred dollars for each offense, or by imprisonment not more 
 than three months. 
 
 Sec. 5199. Merchant selling by short weight. — Any merchant, com- 
 mission merchant, grocer, provision dealer, storekeeper, or other 
 person, or any officer, agent, clerk or employee of any merchant, 
 commission merchant, grocer, provision dealer or storekeeper, who 
 shall sell or dispose of any sack, bag or barrel with its contents, 
 containing any of the articles mentioned in the preceding section 
 upon which the weight in avoirdupois of such sack, bag or barrel 
 with its contents has been marked, stamped or stenciled as provided, 
 and the weights so stamped, marked or stenciled shall not be the 
 true and correct weight or such sack, bag or barrel with its contents, 
 
 617—26 12 
 
176 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 but the weight so marked, stamped or stenciled shall be a greater 
 weight than the true and correct weight of such sack, bag or barrel 
 with its contents, shall be punished for each offense by a fine not ex- 
 ceeding two hundred dollars or by imprisonment not more than three 
 months. 
 Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, ch. 10, p. 2717. 
 
 Sec. 5694 (1832). Selling by false weights or measures. — Whoever 
 knowingly sells by false weight or measure, shall be punished by 
 imprisonment not exceeding six months, or by fine not exceeding one 
 thousand dollars. 
 
 Sec. 5695. Selling by untested weights and measures. — Whoever re- 
 fuses to have his weights and measures tested, or refuses to pay the 
 fees for the same, or whoever, after his weights and measures have 
 been tested, fails to make them conform to the standard, and keep 
 them conformed, shall be punished by imprisonment not exceeding 
 sixty days or by fine not exceeding one hundred dollars. 
 
 Sec. 5696 (1917). Selling tomatoes in crates or baskets. — Every crate 
 of basket used for the sale or delivery of tomatoes shall be of the 
 Florida standard measure as provided by law, and no person shall 
 use any crate or basket for such sale, shipment or delivery, except 
 the same be of such standard measure. This shall not apply to local 
 persons, dealers in or growers of tomatoes, or shipments within the 
 State. Any person violating any of the provisions of this section 
 shall be deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine not exceeding one hundred dollars or 
 by imprisonment in the county jail not exceeding thirty days, or by 
 both such fine and imprisonment. 
 
 Sec. 5697. Selling certain commodities other than by the pound. — It 
 shall be unlawful for any dealer to sell, offer for sale, barter, ex- 
 change, or otherwise dispose of, any of the different commodities 
 named in section 2372 except by the pound, and any person, firm 
 or corporation violating this section shall be guilty of a misdemeanor. 
 
 Sec. 5698 (1905). Selling oranges in boxes not of standard measure. — 
 Every box or crate used for the sale or delivery of oranges shall be 
 of the Florida standard measure, as provided by law. No person 
 shall use any crate or box for such sale, shipment or delivery, except 
 the same be of such standard measure. Any person violating any 
 of the provisions of this section shall be deemed guilty of a misde- 
 meanor, and on conviction thereof shall be punished by a fine not 
 exceeding one hundred dollars, or by imprisonment in the county 
 jail not exceeding thirty days, or by both such fine and imprison- 
 ment: Provided, That nothing herein contained shall prevent the 
 shipment or delivery of oranges for sale in half boxes as herein 
 described : Provided, That nothing in this section shall prevent any 
 person shipping oranges in barrels or other crates over standard 
 size. 
 
 Sec. 5699 (1915). Standard field box for sale of oranges, grapefruit, 
 and lemons; penalty for violation. — That all field boxes to be used in 
 the sale of oranges, grapefruit and lemons by grower to packer or 
 buyer shall be of the uniform size of twelve inches wide, thirteen 
 inches high and thirty-three inches long, and shall contain a middle 
 partition not less than three-fourths of one inch thick ; and any per- 
 
FLORIDA 177 
 
 son, firm or corporation violating the provisions of this section shall 
 be punished by a fine not exceeding one hundred dollars, or by im- 
 prisonment not exceeding six months. 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 10, ch. 1, p. 1003. 
 
 Sec. 1870 (1877). Provisions, bread, liquors, weights and measures, 
 gunpowder, etc. — The city or town council shall have the power 
 
 * * * to establish and regulate the weight and assize of bread, 
 
 * * * the gauging of liquors, the measurement and weighing or 
 any produce or merchandise * * *. 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 6, ch. 3, p. 625. 
 
 Sec. 1023, as amended by Laws, 1921, ch. 8410, p. 47.— * * * 
 Provided, That boards of county commissioners may themselves 
 or in conjunction with municipalities, provide and install scales 
 or weighing machines for the purpose of weighing motor vehicles, 
 trailers or semitrailers and their loads. 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 7, ch. 5, p. 758. 
 
 Sec. 1254, as amended by Laws, 1921, ch. 8588, p. 411. Standard meas- 
 ure for oysters and clams; stamping measures; fees. — As a standard 
 measure, a half barrel of oysters shall consist of a tub or other 
 round vessel of the following dimensions, or the cubical equivalent 
 thereof, to wit : It shall measure eighteen and one-half inches inside 
 at the top, and seventeen inches from the bottom to top, and twenty- 
 five and one-half inches diagonal, the unit of such tub or measure 
 may be in the shape of an inverted frustum of a cone. Two of these 
 measures filled, rounded and banked shall make one barrel, and all 
 oysters or clams bought and sold in this State in the shell shall be 
 measured in a measure of this equivalent, or measure holding a 
 fraction or multiple thereof; and it shall be unlawful for any person 
 to have in his possession any measure for oj^sters or clams in the shell 
 [which] shall differ in equivalent size from the measure herein pro- 
 vided for; or demand or require a cargo of less or greater measure 
 in buying or selling ; and no vessel or measure shall be used in buy- 
 ing or selling oysters or clams until it has been measured and stamped 
 by the shell fish commissioner, his agents or deputies, with a metal 
 tag or stamp, showing the quantity of oysters or clams such measure 
 will hold. * * * 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 4, p. 1081. 
 
 Sec. 2039 (al913). Net contents to be stated. — * * * That for the 
 purpose of this chapter an article shall also be deemed to be mis- 
 branded : 
 
 In the case of food : * * * 
 
 Third. If in package form, the net contents of the package are 
 not correctly stated in terms of weight, measure or numerical count, 
 conspicuously, legibly or correctly, on the outside of the package : 
 Provided, however, That reasonable variations shall be permitted 
 and tolerations established by rules and regulations made in accord- 
 ance with the provisions of section 2046. 
 
178 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 6, p. 1089. 
 
 Sec. 2050 (1911). Misbranding citrus-fruit packages — It shall be 
 unlawful for any one to misbrand any package or any wrapper con- 
 taining citrus fruits ; and all citrus fruits shall be deemed misbranded 
 if the package or the wrapper shall bear any statement, design or 
 device regarding the fruit therein contained which is false or mis- 
 leading either as to the name, size, quality or brand of such fruit 
 or as to the locality in which it was grown. 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 7, p. 1091. 
 
 Sec. 2057 (al907). Weight to be marked on packages of feeding stuff; 
 sheriff authorized to seize and sell when not so tagged. — Every bag, 
 barrel, or other package of commercial feeding stuff, manufactured, 
 sold in or imported into this State, shall have securely attached a tag 
 or label, and plainly printed thereon, the number of net pounds 
 of commercial feeding stuffs in the package, the name, brand, or 
 trade-mark under which the commercial feeding stuff is sold : the 
 name and address of the manufacturer * * *. 
 
 Gen. Stats., 1920, Div. 1, Title 11, ch. 39, p. 1210. 
 
 Sec. 2384 (1889). Doyle's rule for measurement of logs. — Doyle's rule 
 and log book for the measurement of saw logs is adopted as the stand- 
 ard rule for the measurement of saw logs, whether round or square, 
 which are required to be scaled or measured within the limits of 
 this State. 
 
 Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 41, p. 1213. 
 
 Sec. 2398, as amended by Laws, 1925, ch. 10128, p. 228. Commercial 
 fertilizers, net contents to be marked. — Every package of commercial 
 fertilizer or fertilizer materials manufactured, imported, transported, 
 distributed, stored, kept or offered for sale or sold in or into the 
 State of Florida shall have securely attached a tag on which shall be 
 plainly and legibly printed the name or brand of the commercial 
 fertilizer or fertilizer materials ; the name and address of the manu- 
 facturer or jobber; the net contents of the package in pounds; 
 
 Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, ch. 10, p. 2717. 
 
 Sec. 5661 (1889). Penalty. — Whoever buys or sells any logs or 
 square [timber by any other measure or scale than Doyle's rule and 
 log book, or if any timber inspector wilfully makes return of] 2 any 
 inspection scale or measurement of timber except according to said, 
 book, shall be punished by fine not exceeding two hundred dollars 
 for each offense, or by imprisonment not exceeding six months. 
 When it is mutually agreed between the buyer and seller, another 
 than Doyle's rule book may be adopted and a survey can be made 
 by a party other than a commissioned inspector. 
 
 * The portion in brackets was evidently inadvertently omitted from the statutes. 
 
GEORGIA 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 4, p. 801. 
 
 Sec. 1880 (al906). Weight per bushel; cord.— The legal weight of the 
 following articles or commodities per bushel shall be as follows : x 
 
 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 
 00 
 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 80 
 
 Unslacked lime 80 
 
 Turnips 55 
 
 Corn meal, bolted or unbolted 48 
 
 Wheat bran 20 
 
 Cotton seed 30 
 
 Ground peas 25 
 
 Plastering hair 8 
 
 Rough rice 43 
 
 Tan bark per cord • 2, 250 
 
 Sec. 1881 (al893). Seal. — The ordinaries must procure for their re- 
 spective counties a marking instrument, seal or stamp, for the pur- 
 pose of marking all weights and measures which they may find not 
 to weigh or measure less than the standard established by the Con- 
 gress of the United States, which is the standard of this State. 
 
 Sec. 1882. Penalty. — All persons engaged in selling by weights and 
 measures shall apply to the ordinaries of their respective counties 
 and have their weights and measures so marked, and in default 
 thereof shall not collect more than three-fourths of any account, 
 note, or other writing, the consideration of which is any commodity 
 sold by their Aveights 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. 
 
 Sec. 1883 (1853-54). Selling by deficient weights and measures. — Any 
 citizen may complain to the ordinary of the deficiency of any 
 weights and measures, whether marked or not, and when done it is 
 the duty of said ordinary to notify the person complained of, and 
 give him the name of the complainant, and specify a day, not more 
 than ten days distant, when he shall submit his weights and meas- 
 ures, 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 sell- 
 ing by false weights and measures, and shall be presented by the 
 grand jury as such, if no person appears and indicts. 
 
 Sec. 1884. Standards to be procured. — The governor shall procure 
 standards of weights and measures for each county which does not 
 
 1 A slight change has been made In the arrangement for convenience of reference. 
 
 170 
 
180 LAW'S CONCERNING WEIGHTS AND MEASURES 
 
 have them, and they, together with the marks provided by the ordi- 
 nary, shall be kept in his office for the inspection of the citizens. 
 
 Sec. 1885. Ordinary to give notice. — When such standards are ob- 
 tained, it is the duty of such ordinary to give sixty days written 
 notice thereof at the door of the courthouse, and in the public 
 gazette where the sheriff of the county advertises his sales. 
 
 Park's Ann. Code, 1914, Vol. 4, ch. 4, p. 2995. 
 
 Sec. 4827 (al870). Fees. — The ordinaries are entitled to the follow- 
 ing fees, to wit: 
 
 ******* 
 
 For comparing and testing weights and measures, and stamping and 
 marking each, $0.10 * * *. 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 2, p. 784. 
 
 Sec. 1819 (1903). Barrel of turpentine; barrel of rosin. — He [super- 
 vising inspector of naval stores] shall receive as compensation 
 for his services one-fourth of a cent for each barrel of rosin or spirits 
 of turpentine which may be inspected under the laws of this State ; 
 for a basis of said fee a barrel when applied to spirits of turpentine 
 shall be fifty gallons, and the term spirits of turpentine shall include 
 all spirits of turpentine mentioned in this article. A barrel, when 
 applied to rosin, shall be 280 pounds, and said fee shall be reckoned 
 on this basis. Said fee shall be paid equally by the buyer and seller 
 of such naval stores. In case of naval stores snipped in packages or 
 receptacles other than barrels, his compensation shall be reckoned 
 upon the basis of barrels or fractions thereof, in the same manner as 
 is provided for the payment of fees of inspectors under like condi- 
 tions. He shall have the right to recover from any person or corpora- 
 tion the fees allowed him, in appropriate proceedings in any court 
 having jurisdiction thereof. 
 
 Sec. 1840. Barrels for turpentine, quality of, etc. — Every barrel of 
 soft turpentine shall be formed of good and sufficient staves, three- 
 quarters of an inch thick, not exceeding five inches wide, not less 
 than thirty nor more than thirty-two inches long; the head not less 
 than one nor more than one and a half inches thick, and the barrel 
 secured with twelve good hoops. 
 
 Sec. 1842°. Powers of corporate authorities. — The corporate authori- 
 ties of any seaport town may make such further regulations for the 
 inspection of rosin, pitch, tar, and turpentine, and for the discovery 
 of fraud in making and vending said articles, as to said authorities 
 respectively shall seem proper. 
 
 Sec. 1843. Inspectors may be appointed for any article. — Inspectors 
 may be appointed, their duties prescribed, their fees fixed, and 
 inspection and marking regulations adopted, by the corporate 
 authorities of any city, for the inspection of guano and other 
 fertilizers, tobacco, salt, pitch, tar, turpentine, rosin, fish, oil, staves, 
 shingles, timber, wood, lumber, and liquor, and such other articles 
 and things as are usually the subject of inspection and measure- 
 ments, and for measuring and gauging the said articles, or any of 
 them, within the limits of said cities; and the same power may be 
 exercised by the ordinary of every county, outside the limits of such 
 town, and within the limits of such county : Provided, Such regula- 
 tions be not inconsistent with the following provisions: 
 
GEORGIA 181 
 
 1. No person shall be permitted to inspect, measure, or gauge, 
 except such as may be regularly appointed, under a penalty of five 
 hundred dollars for every offense, one half to go to the informer, 
 and the other half to the incorporation or court having the appoint- 
 ment of inspectors. Every person so appointed shall be required 
 to take an oath or affirmation faithfully to perform the duties of the 
 office to the best of his skill and ability, and shall moreover give 
 bond and security for the faithful discharge of the duties thereof. 
 All vacancies may be filled by the appointing power. 
 
 2. In all seaport towns where timber or lumber is brought for 
 exportation, or otherwise, the same shall be inspected and measured, 
 and bills for such measurement shall be made out in superficial meas- 
 urement. 
 
 3. All square timbers shall be measured as follows: The length 
 shall be counted from pinhole and (lie size from the middle of the 
 stick, taking the smallest side and the face, throwing off fractions, 
 and allowing one-half of the wane-edge on the side and face; and 
 other flatted timber, usually known as saw or mill logs, shall be 
 measured one-half from the smallest end. 
 
 4. All sticks winch are rotten, hollow, split, or broken shall be 
 declared refuse by the inspector, and the seller shall only be allowed 
 one-half the measurement; but if the defect be at or near the end, 
 only so much as is defective shall be declared refuse. 
 
 5. The hook to the dip-rod shall not be less than one inch and 
 three-quarters long. * * * 
 
 7. Heading shall be two and a half feet long, six inches broad, 
 one inch thick on one edge, and not less than three-quarters of an 
 inch on the other edge, round and free from decay, worm or knot 
 holes ; shingles to be twenty-two inches long, not less than three and 
 a half inches wide, a half inch thick at the thick end, not decayed, 
 and free from worm or knot holes. 
 
 8. Pipe, hogshead, and barrel-staves shall be considered mer- 
 chantable only when conditioned as follows : Pipe-staves to be at 
 least fifty-four inches in length, three inches in breadth, and one 
 inch thick on the thin edge, sound and free from worm or knot 
 holes; hogshead-staves to be forty-two inches long, three inches 
 broad, and not less than three-quarters of an inch thick on the 
 edges, sound and free from worm or knot holes; barrel-staves to be 
 two and a half feet long, three inches wide, and not less than three 
 quarters of an inch on their edges, sound and free from worm or 
 knot holes. 
 
 9. Every cord of firewood shall measure eight feet in length, four 
 in breadth, and four in height. Any person to whom such wood is 
 offered for sale, who may suspect any deficiency, shall have the right 
 to have the same measured and corded by any sworn inspector or 
 measurer of the place, and in case of any deficiency appearing, the 
 seller shall, besides paying the fees of the inspector, make good the 
 deficiency without delay, or forfeit, before any court having juris- 
 diction, 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. 
 

 182 LAWS CONCERNING WEIGHffS AND MEASURES 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 3, p. 792. 
 
 Sec. 1844 (al889). Scalesmen, weighers of cotton, and others to be 
 sworn. — It shall not be lawful for any scalesmen, salesmen, or other 
 person, in any of the cities, towns, or villages of this State, to weigh 
 any bale, bag, or package of cotton, tierce or half tierce of rice, or 
 any other article of produce disposed of by weight, without first 
 taking and subscribing an oath, before some person authorized by 
 law to administer it, that he will justly, impartially, and without 
 deduction, weigh all such cotton and all other articles of produce 
 disposed of by weight that may be shown to him for that purpose, 
 and tender a true account thereof to the party or parties concerned, 
 if so required. 
 
 Sec. 1845 (1875). Deductions for wet cotton; for bagging. — The 
 weigher may, nevertheless, make such deduction for wet, or other 
 cause, as may be reasonable, when the seller or his agent shall thereto 
 consent : Provided, That if the weigher, with the consent of the seller 
 or his agent, makes a deduction from the gross weight of any bale, 
 bag, or package of cotton because of the bagging and fastenings on 
 said bale, bag, or package, the deduction shall be not more than 
 twenty-four pounds if it is covered with jute bagging, and not more 
 than sixteen pounds if it is covered with cotton bagging, except in 
 the case of any bale, bag, or package of cotton not fastened with iron 
 ties nor with ropes, in which case the deduction shall be not more 
 than ten pounds if it is covered with jute bagging, and not more than 
 five pounds if it is covered with cotton bagging. And in every case 
 in which a deduction is made from the gross weight of any bale, bag, 
 or package of cotton because of the bagging and fastenings on said 
 bale, bag, or package, the weigher, in tendering the true 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 de- 
 ducted for bagging and fastenings, and the net weight. 
 
 Sec. 1846 (a) (1912). Public weigher and grader of cotton; oath and 
 bond. — Upon the application or petition of at least fifty citizens or 
 producers of cotton in any county within the State of Georgia, made 
 to the county commissioners of a county when they administer the 
 affairs of a county, or to the ordinary of the county when he admin- 
 isters the affairs of the county, he or they shall appoint one com- 
 petent and discreet person who shall be known as the public weigher 
 and grader of cotton in such county. Upon his appointment by 
 them, they shall issue to him a commission authorizing him to weigh 
 and grade all cotton that may be brought to him for such purpose by 
 the citizens of said county; provided he shall first take an oath to 
 faithfully perform the duties of such weigher and grader, and give 
 bond conditioned upon the accurate and faithful performance of his 
 duty subject to be enforced by any person that shall be damaged on 
 account of a failure in the performance of his duty, said recovery to 
 be had in any court of this State having jurisdiction of the parties 
 and subject matter. 
 
 Sec. 1846 (b). Deputies. — Said weigher and grader shall be author- 
 ized when it becomes necessary to appoint a deputy or deputies to 
 act within said county to assist him in weighing and grading of 
 cotton. In the appointment of such deputies he shall not appoint any 
 one who is not of good character and competent to perform such 
 duties. 
 
GEORGIA 183 
 
 Sec. 1846 (c). Compensation; duties; scales tested. — As compensa- 
 tion for the weighing, grading, issuing certificates, as to weights and 
 grades, and stamping same upon the bale of cotton, such weigher 
 and grader shall have for such service, and be allowed to charge the 
 party desiring to have said cotton weighed and graded the sum of 
 twenty cents per bale. It shall be the duty of the weigher and grader 
 or his deputy, upon their appointment, to provide a platform and 
 scales with ample facilities for handling cotton with speed and at a 
 minimum cost, at which platform or platforms, all cotton sold in 
 said market or shipped may first be weighed, graded and stamped, 
 if so desired by the seller, producer, or buyer, and upon the applica- 
 tion by the parties, it shall be the weigher's duty to immediately 
 weigh, grade and stamp upon the cotton weights, grade, and issue 
 to the applicant a certificate showing the same and enter the same in 
 a book to be kept by him. The appointed public weigher and grader 
 shall be responsible, on his bond, for the official act of his deputy, 
 and each weigher or deputy shall have his scales tested at least once 
 every thirty days by the standard weights in the office of the ordinary 
 as provided by law. 
 
 Sec. 1846 (d). Removal of weigher and grader. — The county commis- 
 missioner or ordinary, whichever has the appointing power, upon 
 good and sufficient cause shown, after ten days' notice, in writing, 
 personally served upon the public weigher and grader, shall inquire 
 mto his conduct and if they find sufficient reason, remove any such 
 officer from office, and appoint another in his stead, and in the same 
 manner may remove any deputy by such public weigher appointed. 
 
 Sec. 1847 (1873). Tare on rice. — The tare to be allowed on rice shall 
 be the actual tare, as nearly as can be determined, except in cases of 
 the sale of a single tierce, half tierce, or barrel, where a tare of ten 
 per centum shall be allowed, unless otherwise agreed on between the 
 buyer and seller. 
 
 Sec. 1848. Tare on other articles. — In other cases where tare is 
 usually allowed, the actual tare, as nearly as the same can be ascer- 
 tained, shall be allowed, except where the seller and purchaser may 
 expressly agree upon a different rule. 
 
 Sec. 1849. No deduction to be made for turn of scales, etc. — It shall not 
 be lawful for any purchaser or weigher to make any deduction from 
 the weight of any article for or on account of the draft or turn of 
 the scales or steelyard, under the penalty, for every such offense, of 
 five hundred dollars, to be recovered in any court having jurisdic- 
 tion, one-half to go to the informer by whom the suit may be brought, 
 and the other half to the use of the county where the offense may 
 be committed. 
 
 Sec. 1850. Corporate authorities may make further rules. — The cor- 
 porate authorities of all cities and towns may make such further 
 regulations for the weighing of produce of all descriptions, includ- 
 ing fees for weighing, as in their judgment may tend to effect the 
 objects of the foregoing provisions, and the ordinaries of the respec- 
 tive counties shall have the same power, to be exercised outside the 
 jurisdiction of said incorporated cities or towns; but until altered 
 by such authorities or ordinaries, fees for weighing shall be such as 
 are now fixed by law. 
 
 Sec. 1865 (1890-91). Number of pounds stamped on each sack of flour 
 or corn meal. — It shall be the duty of each and every miller or manu- 
 
184 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 factiirer of flour or corn meal (and every merchant or dealer), offer- 
 ing for sale said articles, to stamp or have printed on each sack 
 in which either of said articles are packed, in plain figures not less 
 than one and one-half inches in length, the exact number of pounds 
 of flour or corn meal contained therein ; provided, the provisions of 
 this section shall not apply to grist ground for toll. 
 
 Sec. 1867 (1906). Flour, grits and corn meal, how packed and 
 marked. — All flour, grits and corn meal packed in barrels or half- 
 barrels made of any material, or any package made of wood or metal 
 in which flour, grits, or corn meal are or may be offered for sale, shall 
 be well made and of good material; shall have the net weight of 
 flour, grits, or meal plainly marked in the head, top, or side of the 
 barrel or package with a stencil, or paper label or pencil, with let- 
 ters and figures not less than one inch in length, and the tare marked 
 on the reverse end or side of the barrel or package in like manner. 
 
 Sec. 1868. Weight in barrels and sacks. — Every miller, bolter, 
 blender, or mixer, or other person who manufactures or who buy' 
 flour, grits, or corn meal for the purpose of repacking, shall put into 
 each barrel the full quantity and weight of one 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 one hundred and forty 
 pounds, sacks containing two hundred and eighty pounds, half- 
 barrel sacks ninety-six pounds, quarter-barrel sacks forty-eight 
 pounds, eighth-barrel sacks twenty-four pounds, sixteenth-barrel 
 sacks twelve pounds, thirtj^-second-barrel sacks six pounds. 
 
 Sec. 1869. Variations in weight. — From the weights above specified 
 variations for inaccuracies will be allowed as follows: On all pack- 
 ages weighing ninety pounds or over, an allowance of one-fourth of 
 one per cent., and on all packages smaller than ninety pounds an 
 allowance of one-half of one per cent., less than the weight specified 
 in the preceding section. 
 
 Sec. 1870. Packages, how marked. — It shall be unlawful for any per- 
 son to pack for sale, sell, or offer for sale any corn meal except 
 in bags or packages containing by standard weight two bushels, or 
 one bushel, or one-half bushel, or one-fourth, or one-eighth, bushel, 
 respectively. Each bag or package of corn meal shall have plainly 
 printed or marked thereon, whether the meal is " bolted " or " un- 
 bolted," the amount it contains 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 
 
 Sec. 1872°. Fraudulently packing flour. — If any person shall pack 
 flour in an old barrel which may have been marked and branded as 
 aforesaid, and which shall still have the brand of the inspector 
 thereon, or shall otherwise fraudulently pack flour for sale, such per- 
 son or persons shall forfeit and pay the sum of twenty dollars for 
 every barrel so packed, to be recovered by an informer before any 
 justice of the peace, or other court having jurisdiction thereof — one- 
 half of such penalty to go to the informer, and the other half to the 
 miller or manufacturer injured by such false packing, 
 
GEORGIA 185 
 
 Park's Ann. Code, 1914, Vol. 6, p. 338. 
 
 Sec. 557 (al895). Illegal charge for weighing cotton. — If any scales- 
 man, salesman, or other person engaged in the business of weighing 
 cotton bales shall charge or receive more than ten cents per bale for 
 Aveighing the same, or charge or receive for reweighing any bale 
 of cotton which has once been taxed ten cents for weighing, more 
 than five cents for such reweighing, he shall be guilty of a mis- 
 demeanor. 
 
 Sec. 558a (1911). Deduction of weight of bagging and ties prohibited, 
 when. — It shall be unlawful for any person, firm or corporation en- 
 gaged in the business of buying cotton in this State, as principal or 
 agent, to deduct any sum for bagging and ties from the weight or 
 price of any bale of cotton when the weight of the bagging and 
 ties does not exceed six per cent of the gross weight of such bale 
 of cotton. In the event that the weight of the bagging and ties 
 exceeds six per cent of the gross weight of such bale of cotton, only 
 the excess over the said six per cent may be deducted. 
 
 Sec. 558b. Penalty; what bales not included. — For each and every 
 violation of the preceding section the offender shall be guilty of 
 a misdemeanor and shall be fined in the sum of not less than twenty- 
 five dollars, nor more than fifty dollars, or imprisoned not less than 
 fifteen days, nor more than thirty days : Provided, This law shall not 
 apply to what is known in the trade as round bales, and bales of 
 cotton which weigh less than three hundred pounds. 
 
 Sec. 562 (al890-91). "Weights to be stamped on sacks of flour and meal, 
 etc. — If any miller or manufacturer of flour or corn meal, or any mer- 
 chant or dealer offering said articles for sale, shall fail to stamp or 
 have printed on each sack in which either of said articles is packed, 
 in plain figures, not less than one and one-half inches in length, the 
 exact weight of the contents thereof, he shall be guilty of a mis- 
 demeanor. 
 
 Sec. 563. Exceptions. — The preceding section shall not apply to grist 
 ground for toll, nor to millers, merchants, or dealers, selling flour 
 or meal in quantities less than a full sack, or in any quantities when 
 sold by weight. 
 
 Sec. 564 (1906). Corn meal, weight of packages. — Any person who 
 shall violate section 1870 of the civil code, relating to corn meal, 
 shall be guilty of a misdemeanor. 
 
 Sec. 565. Flour, grits, and corn meal, how marked and weighed. — Any 
 person who shall violate sections 1867, 1868 and 1869 of the civil 
 code, relating to packing, marking, and weighing flour, grits, and 
 corn meal, shall be guilty of a misdemeanor. 
 
 Sec. 566 (1901). Cottonseed hulls, weight to be stamped. — Any per- 
 son, firm, or corporation who shall sell cottonseed hulls in bales 
 or packages, without having the weight thereof plainly stamped or 
 branded on each bale or package, shall be guilty of a misdemeanor. 
 
 Park's Ann. Code, 1914, Vol. 6, p. 382. 
 
 Sec. 705 (1865-66). Bakers and others selling under assize. — Any 
 baker or other person selling bread under the assize established by 
 the corporation of any city, town, or village, or the rules laid down 
 by law, shall be deemed a cheat, and shall be punished as for a mis- 
 demeanor, 
 
186 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 Sec. 706 (al865-66). Selling by false weights and measures. — If 
 any person shall knowingly buy or sell by false weights or 
 measures, he shall be deemed a common cheat, and shall be punished 
 as for a misdemeanor. 
 
 Sec. 709 (1874). Putting dirt or rubbish into cotton, rice, etc. — Any 
 person who shall put or cause to be put into any bale of cot- 
 ton, vessel of sugar, rice, pork, beef, or other provisions, wool, or 
 other article, prepared for market, any dirt, rubbish, or other thing, 
 for the purpose of adding to and increasing the weight of bulk of 
 said cotton, sugar, rice, beef, pork, or other provisions or things, shall 
 be deemed a common cheat, and shall be punished by a fine equal to 
 the value of the thing thus fraudulently packed or put up, and im- 
 prisonment and labor in the penitentiary for not less than one year 
 nor more than five years. The bare possession or ownership of such 
 commodities, so fraudulently packed or put up, shall not of itself 
 authorize a conviction, where sufficient evidence of knowledge or 
 privity on the part of the owner, or the person in possession may not 
 be produced on trial. 
 
 Laws, 1920, Act No. 739, p. 225. 
 
 Sec. 1. Paint, marking. — Whoever shall expose for sale, or sell 
 within this State, any paint which is labeled or marked in any man- 
 ner so as to tend to deceive the purchaser as to its nature, or com- 
 position, or which is not accurately labeled as hereinafter required, 
 shall be guilty of a misdemeanor, and for each offense shall, upon 
 conviction thereof, be punished by a fine of not less than twenty- 
 five dollars and not more than one hundred dollars, or by imprison- 
 ment in the county jail not exceeding sixty days. 
 
 Sec. 2. Labels; what required. — The label required by this act shall 
 clearly and distinctly state the name and residence of the manu- 
 facturer of the paint, or the distributor thereof, or of the party for 
 whom the same is manufactured. Said label to clearly state, in addi- 
 tion to the before-mentioned matter, the quantity contained in the 
 package ; this in the case of liquid or mixed paints, to be designated 
 in United States standard gallons or fraction thereof, and in the 
 case of paint or semipaste paints, such as commonly sold by weight, 
 to be shown by weight avoirdupois. Said label shall be printed in 
 the English language in plain, legible type. 
 
 Sec. 7. Enforcement. — The State pure food and drug inspector is 
 charged with the proper enforcement of all the provisions of this 
 act, and empowered to formulate and promulgate such rules and 
 regulations as may be necessary in carrying out the purposes of 
 this act. 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 1, p. 354. 
 
 Sec. 855(b) (1872). Existing towns, by what law governed; new 
 towns and villages, how incorporated. — The towns and villages here- 
 tofore established in this State, shall remain subject to the laws now 
 in force, applicable thereto, respectively; and the provisions here- 
 inafter set forth shall be deemed applicable only to towns and 
 villages established after August 26th, 1872. 
 
 Sec. 855 (n). Powers of council. — The council of such town or vil- 
 lage shall have power therein * * *; to regulate and provide 
 
GEORGIA 187 
 
 for the weighing of hay, coal, and other articles sold or for sale in 
 the town * * *. 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 3, p. 862. 
 
 Sec. 2104 (al914). Marking of contents of packages. — For the pur- 
 pose of this chapter, an article shall be deemed to be misbranded — 
 
 In the case of food : 
 
 3. If in package form, the quantity of the contents be not plainly 
 and conspicuously marked on the outside of the package in terms of 
 weight, measure, or numerical count: Provided, however, That 
 reasonable variations shall be permitted, and tolerances and also 
 exemptions as to small packages shall be established by rules and 
 regulations made in accordance with the provisions of section 
 2115, * * * 
 
 Laws, 1924, No. 386, p. 101. 
 
 Sec. 17. Packages to be stamped with quantity; occupation tax 
 stamps. — * * * Each package containing oysters canned in this 
 State, or raw shucked oysters, or oysters in the shell, gathered in 
 this State shall be stamped by the manufacturer or dealer, or dis- 
 tributor, with quantity of oysters contained in each can, barrel or 
 other package in which the same are offered for sale within the 
 State or shipped. Each distributor or dealer, including the manu- 
 facturers who are distributors or dealers shall place stamps in the 
 amount necessary upon each of said packages, to comply with the 
 requirements of the payment of the occupation taxes hereinbefore 
 set out. 
 
 Sec. 22. Oysters sold in shell, how measured ; dimensions of bushel tub ; 
 brand to be stamped on measure; punishment for violating this section.— 
 That all oysters sold in the shell in this State in tidewater Georgia 
 shall be measured in circular tubs, with straight sides, straight and 
 solid bottoms, with holes in the bottom not more than one-half inch 
 in diameter. A bushel tub shall measure eighteen inches from the 
 inside across the bottom, and twenty-one inches from the bottom to 
 the top of chime. All measures used for buying or selling oysters 
 shall have a brand, to be adopted by the State board of game and 
 fish, stamped thereon by the tidewater commissioner or his lawful 
 inspectors or patrolmen. Any person or persons violating this sec- 
 tion shall be guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not less than ten dollars, nor more than fifty dollars, 
 or imprisoned for not less than ten days nor more than thirty days, 
 in the discretion of the court ; and all measures found in the posses- 
 sion of such person not meeting the requirements of this section 
 shall be destroyed by the tidewater commissioner of game and 
 fish. 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 1, p. 762. 
 
 Sec. 1772, as amended by Laws, 1924, No. 490, p. 99. Fertilizers, how 
 branded. — All persons, companies, manufacturers, dealers, or agents, 
 before selling or offering for sale in this State any commercial fer- 
 tilizer or fertilizer material, shall brand or attach to each bag, 
 barrel or package, the weight of the package, the name and address 
 
188 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of the manufacturer, and the guaranteed analysis of the fertilizer, 
 giving the valuable constituents of the fertilizer in minimum per- 
 centages only. These items only shall be branded or printed on the 
 sacks or packages in the following order: 
 
 1. Weight of package in pounds. 
 
 2. Brand name, or trade-mark. 
 ******* 
 
 Park's Ann. Code, 1914, Vol. 1, ch. 3, p. 838. 
 
 Sec. 2107 (1906). Feeding stuff and condimental feed; branding; net 
 weight to be stated. — Every lot or parcel of concentrated, commercial 
 feeding-stuff and condimental feed used for feeding domestic ani- 
 mals 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 pack- 
 age, in a conspicuous place on the outside thereof, a legible and 
 plainly printed statement, clearly and truly certifying the number 
 of net pounds of feeding-stuff contained therein : Provided, That all 
 concentrated commercial feeding-stuffs shall be in standard-weight 
 bags or packages of fifty, seventy-five, one hundred, one hundred and 
 twenty-five, one hundred and fifty, one hundred and seventy-five, or 
 two hundred pounds each ; also the name, brand or trade-mark under 
 which the article is sold, the name and address of the manufacturer, 
 importer or jobber * * *. 
 
 Park's Ann. Code, 1914, Vol. 2, ch. 2, p. 966. 
 
 Sec. 2762 (1889). Facilities for weighing freight furnished by trans- 
 portation company. — Every railroad or transportation company in 
 this State shall furnish suitable and adequate facilities tor cor- 
 rectly weighing all freight offered for shipment in car-load lots in 
 this State at points where the volume of business offered is sufficient 
 to warrant the expense; and if any officer or agent of a railroad or 
 transportation company, or person acting for or employed by such 
 railroad or transportation company, shall, by reason of overweights 
 or false billing, cause such railroad or transportation company to 
 charge on any shipment for more than the actual weight of such 
 shipment, the said railroad or transportation company shall be liable 
 to the owner of such shipment in damages for an amount equal to 
 twice the charges on the excess weight so charged. 
 
 Sec. 2763 (1882-83). Sworn weighers to weigh freight. — Whenever 
 any railroad company in this State shall weigh any cars loaded with 
 freight to be shipped and charged for by the car-load, such weighing 
 shall be done by a sworn weigher, as provided for the weighing of 
 cotton, rice, and other produce. 
 
 Sec. 2764. Cars to be uncoupled. — When such cars are weighed singly, 
 they shall be uncoupled at both ends and weighed one at a time. 
 
 Sec. 2765 (1890-91). Lumber cars weighed three together. — When any 
 railroad company shall transport timber, lumber, or other like articles 
 of freight, which, from length, laps over from one car to another, 
 such company may cause as many as two or three such cars so loaded 
 to be weighed together, after uncoupling them at both ends from 
 other cars, and in all such instances the aggregate weight of the 
 freight upon said two or three cars shall be averaged so that each of 
 the cars shall be charged with an equal amount of the total weight, 
 
GEORGIA 189 
 
 and the shipper be made to pay freight as if each of the cars so 
 weighed together did actually contain an equal portion of the whole 
 load : Provided, That in such cases the shipper shall not pay less than 
 the amount of freight due on full car-loads. 
 
 Sec. 2766. Penalty. — Any railroad company failing to comply with 
 any of the provisions of the three preceding sections shall be held 
 liable in an action for damages, to be brought in the county where 
 such weighing is done, at the instance of any person aggrieved, and 
 the recovery shall be in a sum not less than one hundred dollars nor 
 more than two hundred dollars for each offense. 
 
HAWAII 
 
 Rev. Laws, 1925, ch. 129, p. 794. 
 
 Sec. 2148 (1921). Title of act.— The short title of this chapter shall 
 be " The weights and measures law of Hawaii." 
 
 Sec. 2149. Definitions. — Wherever the word " sheriff " is used in this 
 chapter it shall include and mean the sheriff of the city and county 
 of Honolulu and the sheriff of, in and for the other counties of the 
 Territory. 
 
 Wherever the words " scales," " weights," " beams," " weighing 
 machines," " devices," " appliances," " measures," or " instruments " 
 are used in this chapter they shall be held to include all mechanical 
 means for the weighing or measuring of any article or commodity 
 whatsoever. 
 
 Sec. 2150. Standards; tests. — It shall be the duty of the sheriff to 
 procure and keep a standard set of scales, beams, weights and meas- 
 ures; and he shall semiannually, or oftener in his discretion, cause 
 all scales, beams, weighing machines, measures — liquid or dry — 
 devices and appliances used in the ascertainment of weight or of 
 measure, used by any person, firm or corporation in the buying or 
 selling or the transportation, or the receiving for shipment, or in 
 the ascertainment of weight or measure, of goods, wares, merchan- 
 dise, oils, gasoline, fruits, vegetables or any other commodity, to be 
 tested by such standard scales, beams, weights and measures, and to 
 seal such as shall be found true with the capital letters " T. H." 
 
 Sec. 2151. Sealing, record of scales. — All weighing appliances and 
 measures as mentioned and included in section 2150 shall be so sealed 
 within two days of the date of purchase and of the acceptance and 
 delivery of such appliance or measure, and notice thereof, by both 
 the buyer and the seller shall, within such two days, be given to 
 the sheriff upon forms as he may provide and which shall be 
 recorded by him. 
 
 Sec. 2152. Marking unsealed or imperfect weights and measures. — If 
 any of the weighing appliances or measures as mentioned and in- 
 cluded in this chapter are found to be imperfect and not according 
 to standard, the sheriff shall cause them to be tagged, marked and 
 identified with the words "Faulty, not to be used until adjusted by 
 sheriff," and, thereafter, such weighing appliances or measures shall 
 not be used until adjusted, repaired and made correct to said 
 standard. 
 
 Sec. 2153. Identification of owner. — Any person presenting any 
 weighing appliance or measure to the sheriff for verification and 
 testing shall give his full name, address, and description of occupa- 
 tion and business and the purpose for which such weighing appli- 
 ance or measure is to be used; such information shall be recorded 
 by the sheriff. 
 
 Sec. 2154. Errors permissible in excess or deficiency. — The following 
 shall be permissible error, either in excess or in deficiency : Platform 
 190 
 
HAWAII 191 
 
 or counter scales, one ounce in each hundred pounds ; wagon or track 
 scales, one pound in each ton; all liquid or dry measure shall be in 
 accordance with standard. 
 
 Sec. 2155. Inspectors. — The sheriff may deputize any one of the em- 
 ployees in his department to aid him in the performance of his 
 duties under this chapter. 
 
 Sec. 2156. Standards. — The standards of weights and measures shall 
 be those adopted, and now used, or that may be adopted and used 
 by the United States of America. 
 
 Sec. 2157. Bushel. — Whenever any wheat, rye, Indian corn, barley 
 or oats shall be sold by the bushel, and no special agreement as to 
 the measurement shall be made by the parties, the bushel shall con- 
 sist of sixty pounds of wheat, and fifty pounds of rye, of fifty-six 
 pounds of Indian corn, or [of] forty-eight pounds of barley and 
 of thirty-two pounds of oats. 
 
 Sec. 2158. Fees. — The charges for testing and certification shall be 
 as follows: Beam, fifty cents; scale, fifty cents; measures of exten- 
 sion, twenty-five cents; weight, ten cents; springless or automatic 
 weighing machine or device, twenty-five cents; platform, dead- 
 weight or track scales, two dollars; pump or pumping measure or 
 appliance, one dollar ; for every other appliance as used for weighing 
 or measuring and not specifically mentioned herein, twenty-five 
 cents: Provided, however, That no charge shall be made for more 
 than two inspections in any one year; all fees collected under the 
 provisions of this chapter shall be paid into the treasury of the city 
 and county, or county for which the inspection, testing and sealing 
 is made, as municipal realizations. 
 
 Sec. 2159. Using unsealed weights and measures. — If any person, firm, 
 or corporation shall use or cause to be used any weighing or measur- 
 ing machine or appliance as mentioned or necessarily included in 
 the meaning of this chapter, for any of the purposes mentioned in 
 section 2150, and which weighing machines or appliances have not 
 been duly sealed, he, or it, shall be fined for each such offense a sum 
 not exceeding one hundred dollars, and the court may in its dis- 
 cretion order the confiscation and destruction of such weighing or 
 measuring machine or appliance, and any person who shall be in- 
 jured or defrauded by the use of any such weighing or measuring 
 machine or appliance may maintain an action against such offender ; 
 and, if judgment be rendered for the plaintiff he shall recover double 
 damages and costs of suit. 
 
 Sec. 2160. Changing, removal of marks, etc. — Any person, firm or cor- 
 poration who shall willfully or shall fraudulently change any weigh- 
 ing machine, measure or appliance as mentioned herein after the 
 same has been inspected, tested and sealed by the sheriff, or who 
 shall change, remove or destroy any tag, mark or seal which may 
 have been placed in or thereon by the sheriff for the purpose of 
 this chapter, shall be liable, upon conviction, to pay a fine of not to 
 exceed one hundred dollars. 
 
 Rev. laws, 1925, ch. 204, p. 1277. 
 
 Sec. 3583°. Weights, measures; inspection. — It shall be the duty of 
 every clerk of a market once in every month, and whenever re- 
 quested so to do by any purchaser in the market, to inspect all the 
 
 517—26 13 
 
192 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 weights, measures and beams used in weighing and measuring in 
 such market ; and, at the expense of the owners, to make them con- 
 form to the standard weights and measures of the Territory; and 
 if any person shall refuse to exhibit his weights and measures, or 
 to make them conform to those established by law, he shall be fined 
 twenty-five dollars. 
 
 Sec. 3584°. Using unapproved weights, etc. — Any person using any 
 weights or measures in a public market, not approved by the clerk 
 of the market, shall be fined ten dollars, and he shall besides be 
 liable in tenfold damages to any person injured by his conduct. 
 
 Rev. Laws, 1925, ch. 249, p. 1426. 
 
 Sec. 4248°. False weight or measure. — Whoever, in the sale or pur- 
 chase of any merchandise or other property, shall use any false 
 weight or measure; or cheat another by the fraudulent use of any 
 legal weight or measure; as for example, by dexterously sliding a 
 yard stick, or by putting some other thing into a measure partly 
 to fill the same, even though the vendee and vendor be present, is 
 guilty of a gross cheat. 
 
 Sec. 4251 (al901). Punishment. — Whoever is convicted of a gross 
 cheat shall be punished by imprisonment of not more than one year, 
 or by a fine not exceeding one thousand dollars. 
 
 Sec. 4252°. Civil remedy not a bar. — No person shall be exempted 
 from criminal prosecution for gross cheating, by reason of the party 
 cheated having a remedy against him by civil action. 
 
 Rev. Laws, 1925, ch. 250, p. 1431. 
 
 Sec. 4259 (1919). Bread, weight of loaf; variations; twin loaves; pen- 
 alty. — A loaf of bread for sale shall be one pound in weight. Bread, 
 unless chiefly composed of rye or maize, shall not be manufactured 
 for sale or sold except in the following net weights twelve hours 
 after baking: Three-quarters pound; one pound; one and a half 
 pounds ; two pounds or other pound weights. 
 
 Variations at the rate of one ounce per pound over and one ounce 
 per pound under the above specified weights are permitted in indi- 
 vidual loaves, but the average weight of not less than twenty-five 
 loaves of any one unit of any one kind shall be not less than the 
 weight prescribed by this chapter. 
 
 Twin or multiple loaves may be sold, provided they conform to the 
 above weight requirements. 
 
 Whoever violates any provision of this chapter shall be guilty of a 
 misdemeanor and punished by a fine of not more than twenty-five 
 dollars for each offense. 
 
 Eev. Laws, 1925, ch. 76, p. 455. 
 
 Sec. 994 (al915) . Net contents to be marked. — * * * Any drug or 
 article of food shall also be deemed to be misbranded within the 
 meaning of this chapter when in package form, if the quantity of the 
 contents be not plainly and conspicuously marked on the outside of 
 the package in terms of weight, measure or numerical count: Pro- 
 vided, however, That reasonable exemptions shall be permitted, and 
 tolerances and also exemptions as to small packages shall be estab- 
 lished by rules and regulations made by the board of health. 
 
IDAHO 
 
 Comp. Stats., 1919, Vol. 1, eh. 17, p. 83. 
 
 Sec. 276 (1919). Department of agriculture, powers and duties. — The 
 department of agriculture shall have power : * * * 
 
 9. To exercise the rights, powers and duties vested by law in 
 the State sealer of weights and measures and his deputies and as- 
 sistants. 
 
 15. To establish and promulgate standards for open and closed 
 receptacles for farm products and standards for the grade and other 
 classification of farm products. 
 
 16. To prescribe and promulgate rules and regulations govern- 
 ing the marks, brands, and labels which may be required upon recep- 
 tacles for farm products. 
 
 36. To establish standards of weights and measures and enforce 
 compliance therewith. 
 
 Comp. Stats., 1919, Vol. 1, ch. 118, p. 734. 
 
 Sec. 2555 (al919). State standards, care and custody; county and 
 municipal standards. — The department of agriculture shall have the 
 care and custody of the authorized public standards of weight and 
 measures and of balances and other apparatus of all kinds owned by 
 the State. It shall maintain the State standards in good order and 
 submit them at least once in every ten years to the National Bureau 
 of Standards for verification. It shall compare and adjust by the 
 State standards all county, municipal, and other official standard 
 weights, measures, balances and measuring devices which may be 
 sent or brought to it for that purpose, and shall seal the same when 
 found or made to conform to the State standards, by stamping upon 
 each the letter " I " and the last two figures of the year in which the 
 said comparison and adjustment have been made, with seals which 
 it will have and keep for that purpose: Provided, That it may re- 
 fuse to compare and seal any weights, measures, balances or measur- 
 ing devices as standards for any county, municipality or public of- 
 fices which do not conform to the type approved by the National 
 Bureau of Standards for such use. It shall enforce all laws now 
 existing or which may hereafter be enacted in any manner whatever 
 relating to weights and measures and false weights. 
 
 Sec. 2556. Inspection of weights and measures. — The department of 
 agriculture may try and prove weights, measures, balances and other 
 measuring devices on request, for any person, corporation or insti- 
 tution, and when the same are found or made to conform to the 
 State standards, and otherwise fulfill such reasonable requirements 
 as it shall make, the department may seal the same with a seal which 
 it shall have and keep for that purpose. 
 
 Sec. 2557. Eecord and report; regulations. — The department of agri- 
 culture shall keep a record of all of the weights, measures, balances 
 
 193 
 
194 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or other measuring devices, sealed or condemned by it, and shall make 
 an annual report to the governor on or before January first, of each 
 year, a copy of which shall be filed with the National Bureau of 
 Standards. It shall issue, from time to time, regulations for the 
 guidance of county, municipal and all other inspectors or sealers 
 of weights and measures, and the said regulations shall govern 
 the procedure to be followed by the aforesaid officers in the 
 discharge of their duties. 
 
 Sec. 2558. Record of apparatus to be kept; biennial report. — The de- 
 partment of agriculture shall keep records of all weights and 
 measures, balances and measuring devices inspected, sealed or con- 
 demned by it, giving the name of the owner or agent, the place of 
 business, the date of inspection, and kind of apparatus so inspected, 
 sealed or condemned, and shall make a biennial report of the same 
 to the governor on or before the first day of December, giving in 
 addition to the above, an inventory of the standards and apparatus 
 in its possession, and such other information as the department 
 may deem important. 
 
 Sec. 2559. Free testing service ; disposal of condemned apparatus. — The 
 department of agriculture shall try and prove all weights, measures, 
 balances and measuring devices used in the State of Idaho without 
 charge, and when the same are found or made to conform to the 
 authorized standards, it shall seal and mark such weights, measures, 
 balances and measuring devices with a seal to be kept by it for that 
 purpose. Where any weight, measure, balance or measuring device 
 is found to be false or untrue, or which does not conform to the 
 standards, or which can not be made to conform to the standards 
 by such means as the department may have at its disposal, it shall 
 condemn the same and mark it condemned in a conspicuous manner, 
 and such condemnation mark shall not be removed or defaced, except 
 by authorization of the said department. 
 
 Sec. 2560. Authority to enter premises. — The department of agricul- 
 ture through its officers, shall have full power to enter any premises 
 in or on which any weights, measures, balances or measuring devices 
 may be located or used for the purpose of trade, for the purpose 
 of inspecting, adjusting and sealing or condemning the same. 
 
 Sec. 2561. State standards. — Such standard weights and measures 
 as have been furnished to this State by the government of the 
 United States, in accordance with a joint resolution of Congress, 
 approved June 17 [14], 1836, and such weights, measures, balances 
 and measuring devices as may be received from the United States 
 as standard weights, measures, balances and measuring devices, in 
 addition thereto or in renewal thereof, shall be the authorized stand- 
 ards of the State of Idaho. 
 
 Sec. 2562. Units of measures of length and surface. — The units of 
 standard measures of length and surface from which all other meas- 
 ures of extension, whether linear, superficial or solid, shall be 
 derived and ascertained, are the standard of length designated in 
 this chapter. The yard is divided into three equal parts called feet, 
 and each foot into 12 equal parts called inches. For measures of 
 cloth and other commodities commonly sold by the yard, the yard 
 may be divided into halves, quarters, eighths and sixteenths. The 
 rod pole or perch contains 5% yards; the mile, 1,760 yards; the chain 
 
IDAHO 
 
 195 
 
 for measuring land is 22 yards long and is divided into 100 equal 
 parts called links. The acre of land measure shall be measured 
 horizontally and contain 10 square chains, equivalent in area to a 
 rectangle 16 rods in length and 10 rods in breadth; 640 acres being 
 contained in a square mile. 
 
 Sec. 2563. Standards of weight. — The units of standards of weight, 
 from which all other weights shall be derived and ascertained, shall 
 be the standard weights designated in this chapter. The hundred- 
 weight consists of 100 avoirdupois pounds, and a ton contains 20 
 hundredweight. Whenever, hereafter in this chapter the word 
 " pound " is used, it shall mean the avoirdupois pound, unless other- 
 wise distinctly specified. 
 
 Sec. 2564. Units of capacity for dry commodities. — The units of stand- 
 ards of measure of capacity for commodities, not liquids, from which 
 all other measures shall be derived and ascertained, shall be the 
 standards for such commodities designated in this chapter. The 
 peck, half-peck, quarter-peck, quart, pint and half -pint measures for 
 measuring commodities which are not liquids shall be derived from 
 the half -bushel by successively dividing that measure by two. 
 
 Sec. 2565. Units of capacity for liquids. — The units of standards of 
 measures of capacity for liquids, from which all other measures shall 
 be derived and ascertained, shall be the standard liquid measures 
 designated in this chapter. The liquid gallon shall be divided by 
 continual division by the number 2 so as to make half-gallons, quarts, 
 pints, half -pints and gills. 
 
 Sec. 2566. Standard electrical measures. — The standards of electrical 
 measures recognized by the National Bureau of Standards, when 
 procured by the State, shall be the standard of electrical measures 
 in the State of Idaho. 
 
 Sec. 2567. Metric system legal. — The weights and measures of the 
 metric system shall be legal weights and measures in the State of 
 Idaho. 
 
 Sec. 2568, as amended by Laws, 1921, ch. 167, p. 362. Standard weights 
 established. — Whenever any of the following articles shall be con- 
 tracted for, or sold, or delivered, and no special contract or agree- 
 ment shall be made to the contrary, such sale and all computations 
 for payment or settlement therefor shall be by weight. 
 
 The net weight per barrel or bushel, or divisible merchantable 
 quantities of a barrel or bushel, shall be as follows: 
 
 Wheat flour, per barrel, 196 pounds; per half -barrel, 98 pounds; 
 per quarter-barrel sack, 49 pounds; per one-eighth barrel sack, 24 
 pounds; per one-sixteenth barrel sack, 12 pounds. 
 
 Corn meal, per bushel sack, 48 pounds; per half -bushel sack, 24 
 pounds; per quarter-bushel sack, 12 pounds. 
 
 Of the following articles per bushel : 
 
 Pounds 
 
 Wheat 60 
 
 Rye 56 
 
 Indian corn, in the ear 70 
 
 Kaffir corn 56 
 
 Rice corn 56 
 
 Corn, shelled 56 
 
 Sorghum seed 50 
 
 Buckwheat 50 
 
 Sweet potatoes 50 
 
 Pounds 
 
 Turnips 55 
 
 Flaxseed 56 
 
 Onions 57 
 
 Salt 80 
 
 Castor beans 46 
 
 Hemp seed 44 
 
 Native blue-grass seed 14 
 
 English blue-grass seed 22 
 
 Timothy seed 45 
 
196 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 
 Dried peaches 33 
 
 Dried apples 24 
 
 Barley 48 
 
 Malt 32 
 
 32 
 
 Pounds 
 
 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 
 
 Oats 
 
 Bran 20 
 
 Beans 60 
 
 Clover seed 60 
 
 Hungarian and millet seed 50 
 
 Potatoes 60 
 
 Green apples 48 
 
 Sec. 2569 (1883). Standard of measurement for stone masonry. — The 
 perch is the standard of measurement of stone masonry and con- 
 tains 16!/2 solid feet. 
 
 Sec. 2570 (al913). Standard cord. — Unless otherwise especially agreed 
 upon, a cord of wood shall contain 128 cubic feet, 8 feet long, 4 
 feet high and 4 feet wide. 
 
 Sec. 2571 (1913). Contracts, sales or purchases, how construed.— All 
 contracts, sales or purchases hereafter made for work to be done, 
 or for anything to be sold or delivered or done, by weight or meas- 
 ure, within this State, shall be taken and construed in terms of, and 
 according to, the standards of weights and measures adopted by 
 this chapter, except where parties have agreed upon any other 
 calculations or measurements; and all statements and representa- 
 tions of any kind referring to the weights or measures of commod- 
 ities sold or purchased, or exposed for sale, shall be understood in 
 terms of the standards of weights or measures aforesaid. 
 
 Sec. 2572. Dry commodities; how sold. — All dry commodities, not 
 otherwise specified in this chapter, shall be sold only by standard 
 and dry measure, standard weight, or numerical count, except where 
 parties otherwise agree. 
 
 Sec. 2573 (1905). Apple boxes. — A box or packet of apples shall con- 
 tain 2,150.42 cubic inches. 
 
 Sec. 2574 (al913). Berry boxes. — Berries and small fruits, whenever 
 sold in boxes, shall be sold in boxes containing a standard dry quart 
 or dry pint, and if said boxes contain less than this amount, the 
 information must be given to the purchaser, and such packages 
 must be labeled with a statement of the net contents. 
 
 Sec. 2575. Milk and cream. — All milk or cream that shall be sold in 
 bottles shall be sold only in bottles containing half-pints, pints, 
 quarts, half -gallons or gallons. All other liquid commodities shall 
 be sold only by standard liquid measure or standard weight, except 
 where parties otherwise agree. 
 
 Sec. 2576. Lard pails. — Each pail or bucket of lard, lard-compound, 
 or lard substitute offered or exposed for sale in the State of Idaho, 
 shall have the net weight plainly stamped upon the label in letters 
 not less than a quarter-inch high. 
 
 Sec. 2577. Bread, standard loaf; loaves not full weight. — A whole loaf 
 of bread for sale shall not be less than 16 ounces in weight, 24 hours 
 after baking. Bread, unless composed in chief parts of rye or maize, 
 shall be sold only in whole and half loaves, and not otherwise. 
 Bread, when sold, shall, upon the request of the 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 
 
IDAHO 197 
 
 one-quarter of a pound. Every loaf or half loaf of bread which 
 does not weigh the full weight required by this section shall be 
 plainly labeled with the exact weight. 
 
 Sec. 2578. 1 Butter, weight; how marked. — A print or package of but- 
 ter shall contain 16 ounces avoirdupois, and when a print or pack- 
 age of butter containing less than 16 ounces avoirdupois shall be 
 sold, its net weight shall be disclosed by the seller to the buyer 
 and a statement of the net weight be distinctly printed on the 
 wrapper thereof. 
 
 See. 2579. Sale and delivery prima facie representation; variations, or 
 tolerances, how ascertained; not applicable to packed meats. — The sell- 
 ing and delivery of any commodity or article of merchandise shall 
 be prima facie evidence of representations on the part of the vendor 
 that the quantity sold and delivered was the quantity bought by 
 the vendee. There shall be taken into consideration the usual and 
 ordinary leakage, evaporation or waste that may take place from 
 the time the package is filled by the vendor until the selling of the 
 same; a slight variation from the stated weight, measure or quan- 
 tity for individual packages is permissible, provided this variation 
 is as often above as below the weight, measure or quantity stated or 
 represented, except that this section shall not apply to meats packed 
 in sacks, crates or boxes. 
 
 Sec. 2580. Penalty for interference. — Whoever hinders, obstructs, or 
 in any way 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 au- 
 thorized sealer or inspector, all weights and measuring devices in 
 or upon his place of business or in his possession for use in manu- 
 facture or trade, shall be guilty of a misdemeanor, and, upon con- 
 viction thereof, shall be subject to a fine of not less than $5 nor 
 more than $100. 
 
 Sec. 2581. Using false apparatus or marking false weight or measure, 
 penalty. — Any person, persons, firm or corporation, who shall use any 
 false scales, beam, weight or measure, or who shall mark or stamp 
 false weight or measure on any container, package or cask, or who 
 shall sell, offer for sale, or have in his possession for sale, any article 
 which does not conform to the United States standards or the stand- 
 ards designated in this chapter, or neglects, fails to conform with, 
 or violates any of the provisions of this chapter, shall be guilty of 
 a misdemeanor, and upon conviction, shall be fined not to exceed 
 $300 for each offense, or imprisoned in the county jail not exceeding 
 90 days. 
 
 Comp. Stats., 1919, Vol. 1, ch. 163, p. 1115. 
 
 Sec. 3939 (al915). Powers of municipal corporations. — In addition to 
 the powers hereinbefore granted under the provisions of this chap- 
 ter, any municipal corporation may, by ordinance or by-laws, exercise 
 the powers prescribed in the following sections, 3940 to 3973, 
 inclusive. 
 
 Sec. 3958. Regulation of weights and measures. — Establish standard 
 weights and measures, and regulate the weights and measures to be 
 used in the municipality, and to regulate the weighing and measur- 
 
 1 See also see. 1736 infra, p. 201. 
 

 198 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ing of every commodity sold in the municipality, in all cases not 
 otherwise provided by law. 
 
 Sec. 3959. Inspection of hay, grain, and fuel. — Provide for the in- 
 spection of hay, grain and coal, and the measuring of wood and fuel 
 to be used in the municipality, and to determine the place or places 
 of the same, and to regulate and prescribe the place or places of 
 exposing for sale, hay, coal and wood; to fix the fees and duties of 
 persons authorized to perform the duties named in this section. 
 
 Sec. 3995 (al919). Municipality may establish inspection department; 
 verification of standards. — Any municipality in the State may estab- 
 lish a department of public inspection of weights and measures, and 
 shall have power to appoint a sealer and deputies and fix their com- 
 pensation, and to pass such ordinances not in conflict with the State 
 laws as may be deemed necessary ; and if a city or municipality, shall 
 establish such a department it shall provide the sealer with suitable 
 quarters, a set of standards to be specified by the department of agri- 
 culture, and all other equipment for the proper performance of his 
 duties. All municipal standards shall be tried, proved, and sealed 
 under the direction of the department of agriculture, and shall be 
 returned to him [it] for verification at least once every five years. 
 They shall make reports to the department of agriculture on blanks 
 to be furnished by it on or before the 1st day of September of each 
 year. 
 
 Sec. 3996 (1917). Municipal wagon scales; establishment. — The city 
 council of any city or the board of trustees of any village of the 
 State of Idaho are authorized and empowered to buy, establish 
 and maintain public wagon scales in such municipality, and the 
 said city council or board of trustees are authorized and empowered 
 to buy and maintain scales already in use in the said municipality, 
 the same to be used and maintained as a public wagon scale in such 
 municipality for the public use therein. 
 
 Sec. 3997. Same; maintenance; weighmaster. — The city council of any 
 city or the board of trustees of any village or any such municipality 
 wherein such public wagon scales are maintained shall have control 
 of such scales and shall make such rules or regulations in regard to 
 the maintenance and use of the same as they shall deem proper, and 
 the said city council or board of trustees shall biennially appoint a 
 public weighmaster, whose duty it shall be to have charge of such 
 scales and properly weigh all articles and commodities thereof 
 [thereon] as hereafter provided and give a statement to such person 
 applying to have such articles weighed, and such statement shall be 
 prima facie evidence of the correct weight of such articles or com- 
 modities; and the citjr council or board of trustees shall fix the 
 compensation of said weighmaster, which compensation shall be 
 paid out of the treasury of such municipality, and shall, from time 
 to time, fix the price to be charged for weighing any article or com- 
 modity thereon, and the weighmaster shall collect such charge at 
 the time of weighing such articles or commodities and shall, at the 
 end of each month, pay all moneys collected by him for such charge 
 into the treasury of the municipality and file with the clerk of such 
 municipality a statement of the amount of all such moneys collected. 
 
TDAHO 199 
 
 Comp. Stats., 1919, Vol. 1, ch. 150, p. 971. 
 
 Sec. 3470 (al917). Public wagon scales. — The county commissioners 
 of any county outside of any incorporated city or village may, upon 
 petition of ten freeholders in any county within the State of Idaho, 
 establish and maintain public wagon scales at such point within such 
 county as may be designated in said petition: Provided}, That the 
 persons signing the petiton shall certify that the petitioners regularly 
 deliver their produce to the point designated in said petition. 
 
 Sec. 3471. Regulation of wagon scales; weighmaster. — The county 
 commissioners of such county wherein such public scales are main- 
 tained shall have control of such scales and shall make such rules 
 and regulations in regard to the maintenance and use of the same 
 as they shall deem proper, and the said county commissioners shall 
 appoint as many public weighmasters as they may deem necessary 
 and fix their compensation. Such weighmasters shall have charge of 
 such scales and properly weigh all articles and commodities thereon 
 and give a statement to such persons applying to have such article 
 or commodity weighed, and such statement shall be prima facie evi- 
 dence of the correct weight of such articles or commodities. They 
 shall collect such charge at the time of weighing such article or 
 commodity as shall be fixed by the board of county commissioners, 
 and at the end of each month make a written report of all moneys 
 collected by them for such charge and pay to the treasurer of such 
 county all of such funds: Provided, however, such weighmaster 
 shall retain as his compensation such portions of the above moneys 
 which he has collected as may have been fixed by the board of county 
 commissioners. 
 
 Sec. 3472. Establishment by individuals; maintenance by county. — If 
 the aforesaid petitioners or a less number desire to establish a pub- 
 lic wagon scale and dedicate the same to the public use, they may 
 do so at their own expense, and such public scale shall be subject to 
 the same rules and regulations and all of the provisions of this article 
 as though originally established by and at the expense of the board of 
 county commissioners, or the board of county commissioners may 
 contribute any parts of the expense of erecting such public wagon 
 scale, and the persons desiring the same shall pay the balance of such 
 purchase price: Provided, That in case either method hereinbefore 
 mentioned is adopted in establishing the wagon scale, the said scale 
 shall become the property of the county in which it is situated and be 
 subject to the rules and regulations of the boards of county commis- 
 sioners and all of the provisions of this article relating to county pub- 
 lic wagon scales. 
 
 Sec. 3473. Expenses paid from and receipts credited to current expense 
 fund. — Any expense incurred under the provisions of this article re- 
 lating to county public wagon scales, except compensation to weigh- 
 masters, which, in all cases, shall be paid as provided in section 3471, 
 shall be paid out of the current expense fund of the said county, and 
 all moneys received from weighing charges as herein provided shall 
 be credited to the current expense fund of the county in which such 
 scale is situated. 
 
 Sec. 3474. Weighmaster's statement.— All statements issued by any 
 weighmaster under the provisions of this article shall be made in 
 triplicate, one copy of which shall be retained by the weighmaster. 
 
200 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 one copy shall accompany the report to the county commissioners, 
 and the original statement shall be given to the person for whom 
 such weighing was done. Such statement shall be in substantially 
 the following term : 
 
 County public weighing scale No. Receipt No. 
 
 Location Date 
 
 Weighed for 
 
 Quality of article or commodity r _ 
 
 Gross weight Tare 
 
 Net weight Weighing charge 
 
 Signed 
 
 Weighmaster. 
 Comp. Stats., 1919, Vol. 2, ch. 308, p. 2350. 
 
 Sec. 8491°. False weights and measures. — A false weight or measure 
 is one which does not conform to the standard established by the 
 laws of the United States of America. 
 
 Sec. 8492. Selling by. — Every person who knowingly sells any goods, 
 wares or merchandise, or any valuable thing, by false weight or 
 measure, or knowingly uses false measures at any mill in taking toll 
 for grinding corn, wheat, rye or other grain, is guilty of a misde- 
 meanor. 
 
 Sec. 8493. Using false weights or measures. — Every person who uses 
 any weight or measure, knowing it to be false, by which use another 
 is defrauded or otherwise injured, is guilty of a misdemeanor. 
 
 Sec. 8494. Stamping false weight on packages. — Every person who 
 knowingly marks or stamps false or short weight or measure, or 
 false tare, on any cask or package, or knowingly sells or offers for 
 sale any cask or package so marked, is guilty of a misdemeanor. 
 
 Sec. 8495. Sales by ton or pound; full weight must be given. — In all 
 sales of coal, hay and other commodities, usually sold by the ton or 
 fractional parts thereof, the seller must give to the purchaser full 
 weight, at the rate of two thousand pounds to the ton ; and in all 
 sales of articles which are sold in commerce by avoirdupois weight 
 the seller must give to the purchaser full weight, at the rate of six- 
 teen ounces to the pound. Any person violating this section is 
 guilty of a misdemeanor. 
 
 Sec. 8496 (1885). Fraudulent scales for weighing or assaying ores. — 
 Every person, association or corporation, or the agent of any person, 
 association or corporation, engaged in the business of milling, sam- 
 pling, concentrating, reducing, shipping or purchasing ores, who 
 keeps or uses any false or fraudulent scales or weights for weighing 
 ores, who keeps or uses any false or fraudulent assay scales or 
 weights for ascertaining the assay value of ore, knowing them to be 
 false, is guilty of a misdemeanor and is punishable by a fine in any 
 sum not exceeding one thousand dollars, or by imprisonment in the 
 county jail for a term of not more than one year nor less than one 
 month, or by both such fine and imprisonment. 
 
 Sec. 8497. Fraudulent alteration of value of ores ; fraud in sale of ore. — 
 Every person, corporation or association, or the agent of any person, 
 corporation or association, engaged in milling, sampling, concentrat- 
 ing, reducing, shipping or purchasing ores in this State, who in any 
 manner knowingly alters or changes the true value of any ores de- 
 livered to him or them, so as to deprive the seller of the result of the 
 
IDAHO 201 
 
 correct value of the same, or who issues any bill of sale or certificate 
 of purchase that does not exactly and truthfully state the actual 
 weight, assay value and total amount paid for any lot or lots of ore 
 purchased, or who, by any secret understanding or agreement with 
 another, issues a bill of sale or certificate of purchase that does not 
 exactly and truthfully state the actual weight, assay value and total 
 amount paid for any lot or lots of ore purchased, or who, by any 
 secret understanding or agreement 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. 
 
 Comp. Stats., 1919, Vol. 1, eh. 70, p. 464. 
 
 Sec. 1692 (1911). " Misbranded " defined. — For the purpose of this 
 
 article food shall be deemed to be misbranded — 
 
 ******* 
 
 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. 
 
 ******* 
 
 Sec. 1727. Weight of milk. — A pint of milk shall weigh one pound 
 strong and a quart of milk shall weigh two pounds strong and shall 
 not be sold otherwise. 
 
 Sec. 1728. Penalties. — Any person, or persons, corporation or cor- 
 porations violating, or who shall fail to comply with the preceding 
 sections, numbered 1705 to 1727 inclusive, or any part, provision 
 or section thereof, shall be guilty of a misdemeanor, and upon con- 
 viction thereof, shall be punished by a fine not less than $10 and 
 not exceeding $300, or by imprisonment in the county jail for a 
 period not exceeding six months, or both such fine and imprison- 
 ment. 
 
 Sec. 1729 (al909). Milk cans to have tag showing capacity; violation; 
 punishment. — * * * Every person or corporation who shall en- 
 gage in the business of purchasing or dealing in milk shall attach 
 in a permanent manner to each can furnished by him or the pro- 
 ducer, a tag containing in plain figures a correct statement of the 
 capacity thereof. Any neglect or failure or false statement on the 
 part of the proprietor or manager of such creamery, cheese factory, 
 dairy or milk vendor or milk peddler, shall be considered a misde- 
 meanor, and upon conviction thereof the person guilty shall be pun- 
 ished as provided in section 167f> : * * * 
 
 Sec. 1736 (1905). Weight of butter.— Each package of butter of- 
 fered or exposed for sale shall have stamped upon the wrapper or 
 package, the actual number of ounces contained in said package. 
 Each square or roll of butter kept, exposed or offered for sale in 
 the State of Idaho, which is represented to contain one pound in 
 weight, shall contain full sixteen ounces; and each square or roll of 
 butter kept or offered for sale in the State of Idaho, which shall be 
 represented to contain two pounds in weight shall contain full thirty- 
 two ounces. 2 
 
 7 See sec. 2578 supra, p. 197. 
 
202 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 1738 (al915). Method of testing cream. — All cream sold in the 
 State of Idaho for manufacturing purposes shall be tested for butter 
 fat by the following prescribed method: The Babcock test shall 
 be employed, and samples used in testing shall be weighed on a 
 suitable scale or balance, and where 18 grams are used as a sample 
 the same shall be tested in a 9-inch bottle graduated to at least 
 0.5 per cent, or where 9 grams are used as a sample the same shall 
 be tested in a 6-inch bottle graduated to at least 0.5 per cent, also 
 graduated to give full reading of the test, and in all tests the column 
 of butter fat shall be read at a temperature of not less than 120 
 degrees Fahrenheit. 
 
 Sec. 1740. Check to show number of pounds purchased. — Every person, 
 corporation or company operating a creamery, when using the Bab- 
 cock test as a standard to determine the value of any milk or cream 
 received or bought by such person, corporation or company to be 
 manufactured into butter, shall, when paying for such milk or 
 cream, include in every statement or check issued to any patron in 
 payment therefor a statement of the number of pounds of butter fat 
 for which payment is made. 
 
 Sec. 1741. Apparatus to be correct. — Any manufacturer, merchant, 
 dealer or agent in this State who shall offer for sale or sell a milk 
 pipette or measure, test tube or bottle which is not correctly marked 
 or graduated, as herein provided, shall be guilty of a misdemeanor. 
 
 Sec. 1744. Penalties. — Whoever shall violate any of the provisions of 
 sections 1738 and 1743, inclusive, shall be guilty of a misdemeanor 
 and upon conviction thereof shall be punished by a fine of not less 
 than $25 nor more than $200, for each and every offense, or be 
 imprisoned in the county jail not less than 30 days nor more than 
 60 days, or both such fine and imprisonment. 
 
 Laws, 1925, ch. 224, p. 435. 
 
 Sec. 6. Babcock test. — Every person testing milk or cream to deter- 
 mine the milkf at as a basis of fixing the purchase price shall secure 
 a tester's license from the department and shall make such tests only 
 by such process as has been approved by the department, and no per- 
 son shall make such tests without such license, and other than by such 
 process. Each applicant for such license shall be required to submit 
 to examination or by actual demonstration show that he is competent 
 to test cream and milk according to the regulations prescribed by the 
 department. The department shall furnish at cost to each licensee one 
 standard test bottle and one standard pipette adapted to the use of 
 the testing machine approved for the licensee. Said bottle and pipette 
 shall be certified to by the department as a standard and shall bear 
 the official stamp of the department. Any person not a licensee may 
 secure test bottles and pipettes from the department at cost. The 
 fee for each license shall be $2.50 per year. With the approval of 
 the department any licensee may appoint a person to act for him not 
 to exceed a period of fourteen days. 
 
 Sec. 7. Unlawful to falsely manipulate test. — No person shall falsely 
 manipulate or misread the Babcock test or any other milk or cream 
 testing apparatus. The writing of a check or payment of money by 
 such person for cream or milk shall constitute prima facie evidence 
 that such test was made. 
 
IDAHO 203 
 
 Sec. 16. Repeal. — Sections 1739 and 1743 of the Idaho Compiled 
 Statutes, and all other acts or parts of acts in conflict herewith, are 
 hereby repealed. 
 
 Comp. Stats., 1919, Vol. 1, ch. 86, p. 568. 
 
 Sec. 2032 (1917). Standards for farm products and receptacles. — After 
 investigation and public hearing the department of agriculture may, 
 from time to time, as far as practicable, establish and promulgate 
 standards for open and closed receptacles for farm products and 
 standards for the grade and other classification of farm products, 
 by which their quantity, quality or value may be determined, and 
 prescribe and promulgate rules and regulations governing the marks, 
 brands and labels which may be required upon receptacles for farm 
 products for the purpose of showing the name and address of the 
 producer or packer, the quantity, nature and quality of the product, 
 or any of them, and for the purpose of preventing deception in ref- 
 erence thereto : Provided, That any standard for any farm product 
 or receptacle therefor or any requirement for making receptacles for 
 farm products now or hereafter established under authority of the 
 Congress of the United States, shall forthwith, as far as applicable 
 and practicable, be established or prescribed and promulgated by 
 the department as the official standard or requirement in this State: 
 Provided, further, That no standard established or requirement for 
 marking prescribed under this article shall become effective until 
 the expiration of six months after it shall have been promulgated. 
 
 Sec. 2038 (1919). Fruit boxes, how marked; misuse of labels. — It shall 
 be the duty of every pei'son growing or packing and selling, offering 
 for sale [or] shipping in closed boxes or packages, any fruit grown 
 in this State, to plainly mark the same on the outside of the box or 
 package with the name of the variety contained therein or with the 
 words " variety unknown," the name of the place or locality where 
 grown and the name of the grower, or, in case of sale or shipment 
 through an association or organization of growers, the name of such 
 association, and the lot number of the grower, and, in case of apples, 
 pears or peaches, the net weight or the number contained in the 
 package, * * * Provided, That nothing in this section shall be 
 construed to apply to canned or dried fruit. 
 
 Sec. 2057 (1917). Sacked products to be sold by weight. — The buyer 
 of grains, vegetables or other farm products sold by weight in sacks 
 shall have the right to deduct the net weight of the sacks from the 
 total weight before settling for the same : Provided, That when the 
 weight of the said sacks are so deducted said sacks shall belong to 
 the seller, and the buyer shall so mark the said sacks as to identify 
 them properly and return them to the seller within sixty days there- 
 after upon the seller paying the return freight charges on the same 
 from the point of unsacking : Provided, further, That this law shall 
 not apply where no deduction is made for the weight of the sacks. 
 
 Sec. 2058. Violation, penalty. — Any buyer, as mentioned in the pre- 
 ceding section, who violates the provisions thereof shall pay to the 
 seller named therein the retail price of all sacks not returned within 
 the sixty days, as provided, and if suit shall be started to recover the 
 same he shall pay ten per cent in addition as liquidated damages and 
 also a reasonable attorney's fee and costs. 
 
204 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Comp. Stats., 1919, Vol. 1, ch. 115, p. 663. 
 
 Sec. 2468 (1913). Service of electric, gas, and water corporations; 
 determination of standards. — The commission [public utilities commis- 
 sion] shall have power, after hearing had upon its own motion or 
 upon complaint, to ascertain and fix just and reasonable standards, 
 classifications, regulations, practices, measurements or service to be 
 furnished, imposed, observed and followed by all electrical, gas and 
 water corporations; to ascertain and fix adequate and serviceable 
 standards for the measurement of quantity, quality, pressure, initial 
 voltage or other condition pertaining to the supply of the product, 
 commodity or service furnished or rendered by any such public 
 utility; to prescribe reasonable regulations for the examination and 
 testing of such product, commodity or service and for the measure- 
 ment thereof ; to establish reasonable rules, regulations, specifications 
 and standards to secure the accuracy of all meters and appliances for 
 measurements; and to provide for the examination and testing of 
 any and all appliances used for the measurement of any product, 
 commodity or service of any such public utility. 
 
 Sec. 2470. Consumer may have commodity or appliance tested. — Any 
 consumer or user of any product, commodity or service of a public 
 utility may have any appliance used in the measurement thereof 
 tested upon paying the fees fixed by the commission. The com- 
 mission shall establish and fix reasonable fees to be paid for test- 
 ing such appliances on the request of the consumer or user, the 
 fee to be paid by the consumer or user at the time of his request, 
 but to be paid by the public utility and repaid to the consumer or 
 user if the appliance is found defective or incorrect to the disad- 
 vantage of the consumer or user under such rules and regulations as 
 may be prescribed by the commission. 
 
 Comp. Stats., 1919, Vol. 2, ch. 217, p. 1579. 
 
 Sec. 5557 (1899). Measurement of water. — A cubic feet of water per 
 second of time shall be the legal standard for the measurement of 
 water in this State, and it shall be the duty of the department of 
 reclamation to devise a simple, uniform system for the measurement 
 and distribution of water. 
 
 Comp. Stats., 1919, Vol. 1, ch. 112, p. 656. 
 
 Sec. 2344 (1903). Official seats of inspectors.— The inspector of lum- 
 ber district number one shall keep his office at Sandpoint, Idaho ; of 
 district number two, at Harrison, Idaho ; of district number three, at 
 Princeton, Idaho; of district number four, at Emmett, Idaho; of 
 district number five, at Lewiston, Idaho. 
 
 Sec. 2346. Measuring lumber. — Each lumber inspector shall, in per- 
 son or by deputy, at the request of any owner of logs, timber or lum- 
 ber, after a scalement or measurement thereof, make a bill stating 
 therein the number of logs, the number of feet, board measure, con- 
 tained in such logs and 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 pro- 
 vided by him and kept for that purpose, with the marks as they 
 occurred upon the logs. A correct bill of the same shall be given to 
 
IDAHO 205 
 
 such owner, with a certificate thereto attached that it is a true and 
 correct bill, which bill so certified shall be presumptive evidence of 
 the facts therein contained and of the correctness of such scalement 
 or measurement in all courts, except in favor of the inspector who 
 made the same. 
 
 Sec. 2347. Allowance for rotten logs ; accounts of deputies. — Each lum- 
 ber inspector and his deputies shall, in surveying or measuring logs, 
 make such allowance for hollow, rotten or crooked logs as would 
 make them equal to good, sound, straight, merchantable logs ; and all 
 logs that are straight and sound are to be measured at their full size, 
 inside the bark at the small end. Each lumber inspector shall re- 
 quire of each of his deputies, at the end of each month, a correct ac- 
 count of all the logs, lumber or timber measured by him during the 
 month next preceding, and he shall immediately enter such account 
 upon the books of his office. 
 
 Sec. 2348 (al919). Standard of log measurement. — Unless otherwise 
 agreed upon, the Scribner decimal C rule shall be the standard rule 
 for scaling or measuring logs in the said districts; but in all cases 
 the bill of the inspector shall state by what rule the logs were scaled 
 or measured. 
 
ILLINOIS 
 
 Smith's Revised Stats., 1921, ch. 147, p. 2002. 
 
 Sec. 1 (al921). State standard of weights and measures.— The weights 
 and measures received from the United States under joint resolu- 
 tions of Congress approved June 14, 1836, and July 27, 1866, to wit, 
 one yard measure, one standard half bushel containing one thousand 
 and seventy-five and twenty-one hundredths standard cubic inches, 
 one standard wine gallon containing two hundred and thirty-one 
 standard cubic inches, one-half gallon, one wine quart, one wine pint, 
 one wine half pint, one set of avoirdupois weights, consisting of 
 fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, 
 and from eight ounces down to one dram; one set of troy weights, 
 from five thousand pennyweights down to half a grain and from one 
 pound down to the ten-thousandth part of an ounce, and such new 
 weights and measures as shall be received from the United States as 
 standard weights and measures in addition thereto or in renewal 
 thereof, and such as shall be supplied by the State in conformity 
 therewith and certified by the National Bureau of Standards, shall 
 be the State standards of weights and measures. 
 
 Sec. 2. Office standard to be kept in office of director of trade and com- 
 merce; verification.— In addition to the State standards of weights 
 and measures, provided for above, there shall be supplied by the 
 State at least one complete set of copies of these, to be kept at all 
 times in the office of the director of trade and commerce, and to be 
 known as office standards; and such other weights, measures and 
 apparatus as may be found necessary to carry out the provisions of 
 this act, to be known as working standards. Such weights, meas- 
 ures, and apparatus shall be verified by the director of trade and 
 commerce upon their initial receipt, and at least once in each 
 year thereafter the office standards shall be verified by direct com- 
 parison with the State standards, the working standards by com- 
 parison with the office standards. When found accurate upon these 
 tests, the office and working standards shall be sealed by stamping 
 on them the letter " ILL " and the last two figures of the year with 
 seals which the director of trade and commerce shall have and 
 keep for that purpose. The office standards shall be used in mak- 
 ing all comparisons of weights, measures, and weighing or meas- 
 uring devices submitted for test in the office of the director of trade 
 and commerce, and the State standards shall be used only in veri- 
 fying the office standards and for scientific purposes. 
 
 Sec. 3. Safekeeping 1 of standards. — The director of trade and com- 
 merce shall take charge of the standards adopted by this act as the 
 standards of the State, and caut»e them to be kept in a fireproof build- 
 ing belonging to the State (or in a safe and suitable place in the office 
 of the director of trade and commerce), from which they shall not 
 be removed except for repairs or for certification, and he shall take 
 
 206 
 
ILLINOIS 207 
 
 all other necessary precautions for their safekeeping. He shall 
 maintain the State standards in good order and shall submit them 
 at least once in ten years to the National Bureau of Standards for 
 certification. He shall keep a complete record of the standards, bal- 
 ances and other apparatus belonging to the State and shall take a 
 receipt for the same from his successor in office. 
 
 Sec. 4. Weights, etc., of cities to be tried and proved; inspection. — It 
 shall be the duty of all cities in this State required to appoint in- 
 spectors as provided for herein, at least once in five years, to for- 
 ward to the office of standards at Springfield, Illinois, all stand- 
 ard weights, measures, and apparatus which may belong to said 
 cities, for the purpose of having the same tried and proved by the 
 office standards"bf this State, and upon receipt of same, the director 
 of trade and commerce shall try and prove said apparatus as herein 
 required, and he shall seal said weights, measures and apparatus 
 when found to be accurate by stamping on them the letters " ILL " 
 and the last two figures of the year with seals which he shall have 
 and keep for that purpose. 
 
 The director of trade and commerce shall inspect all standard 
 weights, measures, and other apparatus used by such cities, at least 
 once in two years, and shall keep a record of the same. He shall, 
 at least once in two years, visit the cities for the purpose and in order 
 to inspect the work of the city inspectors, and in the performance of 
 such duties he may inspect the weights, measures, balances, or any 
 other weighing or measuring devices of any citizen, firm or corpora- 
 tion, and shall have the same power as the city inspectors of weights 
 and measures. 
 
 The director of trade and commerce shall issue from time to time 
 regulations for the guidance of city inspectors, and the said regula- 
 tions shall govern the procedure to be followed by the aforesaid in- 
 spectors in the discharge of their duties. 
 
 Sec. 5. Supervision over weights, etc., sold; tests on request; State insti- 
 tution tests. — The director of trade and commerce shall have and 
 keep a general supervision of the weights and measures and weigh- 
 ing or measuring devices offered for sale, sold, or in use in the 
 State. He shall, upon the written request of any citizen, firm, or 
 corporation, or educational institution in the State, test or calibrate 
 weights, measures, and weighing or measuring devices used as stand- 
 ards in the State. He shall at least once annually test all scales, 
 weights, and measures used in checking the receipts or disburse- 
 ments of supplies in every institution for the maintenance of which 
 moneys are appropriated by the legislature, and he shall report in 
 writing his findings to the director having jurisdiction over the in- 
 stitution whose measuring devices are tested, and, at the request of 
 such director, the director of trade and commerce shall appoint in 
 writing one or more employees then in the actual service of the in- 
 stitution who shall act as special deputies for the purpose of check- 
 ing the receipts or disbursements of supplies. 
 
 Sec. 6. Who shall pay inspection fees. — No person shall be required to 
 pay more than two inspection fees for any one scale in any one year 
 when found to be accurate. Whenever such inspection shall be made 
 upon the complaint of any person, other than the owner of the 
 
 517—26 14 
 
208 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 scale, and upon examination the scale is found by the inspector to 
 be accurate for weighing, the inspection fee for such inspection shall; 
 be paid by the person making complaint. Whenever a special re- 
 quest is made for an inspection of a scale, the actual expenses of the 
 same shall be paid by the owner of said scale, or by the person mak- 
 ing the complaint, as herein provided. 
 
 Sec. 7. Power and duty of director of trade and commerce to inspect 
 weights, etc. — When not otherwise provided by law, the director of 
 trade and commerce shall have the power, and it shall be his duty, 
 in those parts of the State in which a city sealer is not required to 
 be appointed by the provisions of this act, to inspect, test, try, and 
 ascertain if they are correct all weights, measures, and weighing or 
 measuring devices kept, offered, or exposed for sale, sold, or used 
 or employed by any proprietor, agent, lessee, or employee in proving 
 the size, quantity, extent, area, or measurement of quantities, things, 
 produce, or articles for distribution or consumption purchased or 
 offered or submitted by such person or persons for sale, hire, or 
 award; and he shall have the power to and shall from time to time 
 weigh or measure and inspect packages or amounts of commodities 
 of whatsoever kind for the purpose of sale, offered or exposed for 
 sale, or sold or in the process of delivery, in order to determine 
 whether the same contain the amounts represented, and whether they 
 are offered for sale or sold in a manner in accordance with law. He 
 shall, at least once each year and as much oftener as he may deem 
 necessary, see that all weights, measures, and weighing or measur- 
 ing devices used are correct. He may, for the purpose above men- 
 tioned, and in the general performance of his official duties, enter 
 and go into or upon, and without formal warrant, any stand, place, 
 building or premises, or stop any vendor, peddler, junk dealer, coal 
 wagon, ice wagon, delivery wagon, or any person whatsoever, and 
 require him, if necessary, to proceed to some place which the direc- 
 tor of trade and commerce may specify, for the purpose of making 
 the proper tests. AVhenever the director of trade and commerce 
 finds a violation of the statutes relating to weights and measures, 
 he shall cause the violator to be prosecuted. 
 
 Sec. 8. Sealing and marking of measures. — Whenever the director of 
 trade and commerce compares weights, measures, or weighing or 
 measuring devices and finds that they correspond, or causes them to 
 correspond, with the standards in his possession, he shall seal or 
 mark such weights, measures, or weighing or measuring devices with 
 appropriate devices. 
 
 Sec. 9. Inspection upon complaint. — Whenever complaint shall be 
 made to the director of trade and commerce that any false or in- 
 correct scales, weights or measures are being made use of by any 
 person, firm or corporation in the purchase or sale of merchandise 
 or other commodities or in weighing any article or commodity, the 
 piece price paid for producing which is determined by weight or 
 measure, it shall be his duty to cause the same to be inspected as 
 soon as the duties of his office will permit, and he shall make such 
 other inspection of weights and measures as in his judgment is 
 necessary or proper to be made. 
 
 Sec. 10. Seizure and destruction of incorrect weights. — The director of 
 trade and commerce shall condemn and seize, and may destroy. 
 
ILLINOIS 209 
 
 incorrect weights, measures, or weighing or measuring devices which, 
 in his best judgment, are not susceptible of satisfactory repair; but 
 such as are incorrect and yet, in his best judgment, may be repaired, 
 he shall mark or tag as " Condemned for repairs." The owners or 
 users of any weights, measures, or weighing or measuring devices 
 of which such disposition is made shall have the same repaired and 
 corrected within ten days; and they may neither use nor dispose of 
 the same in any way, but shall hold the same at the disposal of the 
 director of trade and commerce. Any weights, measures, or weigh- 
 ing or measuring devices which have been " condemned for repairs " 
 and have not been repaired as required above, shall be confiscated 
 by the director of trade and commerce. 
 
 Sec. 11. Superintendent of standards; powers and duties. — The powers 
 and duties given to and imposed upon the director of trade and 
 commerce herein are hereby also given to and imposed upon the 
 superintendent of standards and assistants, when acting under his 
 instructions and at his direction. 
 
 Sec. 12. Inspector of weights and measures. — There shall be an in- 
 spector of weights and measures in each city of this State having 
 a population of 25,000 or more inhabitants, according to the last 
 official Federal census, who shall be appointed by the council of 
 said city in the manner in which other city officers or employees are 
 appointed; and power is hereby conferred upon such council to pass 
 such ordinance relative thereto and the duties to be performed by 
 such inspector as it may deem proper, the provisions of which 
 ordinance shall not be in conflict with the provisions of this act: 
 Provided, That nothing in this section contained shall be construed 
 to minimize the powers or curtail the duties of any city inspector 
 of weights and measures in any city of more than two hundred 
 thousand inhabitants, as provided by ordinances or regulations of 
 such city, nor to modify or repeal any such ordinances. 
 
 Sec. 13. City councils to procure weights and measures. — The council 
 of each city of this State required hereunder to appoint an inspector 
 of weights and measures shall procure, at the expense of the city, 
 and shall keep at all times, a set of weights and measures, and other 
 apparatus, as complete and of such materials and construction as 
 the director of trade and commerce may from time to time direct. 
 All such weights, measures, and other apparatus, having been tried 
 and accurately proved by the director of trade and commerce, shall 
 be sealed and certified to by him as hereinbefore provided, and shall 
 then be deposited with and preserved by the city inspector of weights 
 and measures as public standards for such city. Whenever the council 
 of such city shall neglect to procure such standards for six months, 
 the city clerk of said city, on notification and request by the director 
 of trade and commerce, shall provide such standards and cause the 
 same to be tried, sealed and deposited at the expense of the city. 
 
 Sec. 14. Powers and duties of city inspector. — Where not otherwise 
 provided by law, the city inspector of weights and measures shall 
 have the same powers and shall perform the same duties within his 
 city as are granted to and imposed upon the director of trade and 
 commerce by sections 7, 8, 9 and 10 of this act. 
 
 Sec. 15. Annual report of city inspector. — The city inspector of 
 weights and measures shall keep a complete record of all of his 
 
210 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 official acts and shall make an annual report to the council of the 
 city, and an annual report, duly sworn to, on the first day of July, 
 to the director of trade and commerce, on blanks furnished by him, 
 and also any special reports that the director of trade and commerce 
 may request. 
 
 Sec. 16. Power to arrest; seize property. — The director of trade and 
 commerce, his representatives, and the city inspectors of weights and 
 measures are hereby made special policemen and are authorized and 
 empowered to arrest, without formal warrant, any violator of the 
 statute in relation to weights and measures, and to seize and hold 
 for use as evidence in any action brought under the statute of this 
 State, or under any ordinances of a municipality, any short measure 
 or faulty and incorrect weight, scale or other instrument used for 
 weighing or measuring, or any commodity or article of merchandise 
 sold, offered or exposed for sale which is of less weight or measure 
 than it is represented to be by the vendor, his agent, or employee. 
 Such short measure, faulty or incorrect weight, scale or other instru- 
 ment used for weighing or measuring, or such commodity or article 
 of merchandise (except perishable commodities or articles which 
 shall have become of no value) shall be released and returned to 
 the owner thereof if no suit is commenced against such owner within 
 fifteen days of the date of such seizure. 
 
 Any person herein authorized, who shall make any such seizure, 
 shall not be liable to the owner of the property seized for damages 
 caused by such seizure in any case where in fact any such measure 
 seized is short, or reasonable grounds exists for believing it so to be ; 
 or any weight, scale or other instrument used for weighing is faulty 
 or incorrect, or reasonable grounds exists for believing it so to be; 
 or any such scale, weight or measure, or any commodity or article 
 of merchandise, is of less weight or measure than it is represented, 
 or reasonable grounds exists for believing it so to be. 
 
 Upon the conviction of the defendant the court shall cause any 
 scale, weight or measure in respect whereof the defendant stands 
 convicted, and which remains in the possession or under the control 
 of the prosecutor or other person duly authorized, to be destroyed. 
 
 Sec. 17. Obstructing performance of official duties ; penalty. — Any per- 
 son who shall hinder or obstruct in any way the director of trade and 
 commerce, or any city inspector of weights and measures, in the per- 
 formance of his official duties shall be guilty of a misdemeanor, and, 
 upon conviction thereof in any court of competent jurisdiction, shall 
 be punished by a fine of not less than twenty dollars nor more than 
 two hundred dollars, or by imprisonment in the county jail for not 
 more than three months, or by both such fine and imprisonment. 
 
 Sec. 18. Impersonating an official by use of seal, etc.; penalty. — Any 
 person who shall impersonate in any way the director of trade and 
 commerce, or any city inspector of weights and measures, by the use 
 of his seal or counterfeit of his seal, or otherwise, shall be guilty of 
 a misdemeanor, and upon conviction thereof in any court of compe- 
 tent jurisdiction, shall be punished by a fine of not less than one hun- 
 dred dollars nor more than five hundred dollars, or by imprisonment 
 for not more than one year, or by both such fine and imprisonment. 
 
 Sec. 19. Unlawful to sell commodities unless by weight or measure; 
 meaning of terms. — It shall be unlawful to sell, except for immediate 
 
ILLINOIS 211 
 
 consumption on the premises, liquid commodities in any other man- 
 ner than by Aveight or liquid measure, or commodities not liquid in 
 any other manner than by measure of length, by weight, or by nu- 
 merical count, unless otherwise agreed in writing by the mutual con- 
 sent of the buyer and seller : Provided, however, That nothing in this 
 section shall be construed to prevent the sale of fruits, vegetables, and 
 other dry commodities in the standard barrel provided for in section 
 26 ; or of berries and small fruits in boxes as provided for in section 
 27; or of vegetables or fruits usually sold by the head or bunch in 
 this manner : Provided, further, That nothing in this section shall be 
 construed to apply to foodstuffs put up in original packages, nor to 
 proprietary or package medicines which are not sold or offered for 
 sale as of any specific quantity of the commodity. 
 
 For the purposes of this section, the term " original package " shall 
 be construed to include a commodity in a package, carton, case, can 
 barrel, bottle, box, phial, or other receptacle, or in coverings or wrap- 
 pings of any kind, put up by the manufacturer, which may be labeled 
 branded, or stenciled, or otherwise marked, or which may be suitable 
 for labeling, branding, or stenciling, or marking otherwise, making 
 one complete package of the commodity. The words " original pack- 
 age " shall be construed to include both the wholesale and the retail 
 package. 
 
 For the purposes of this section the term," commodities not liquid " 
 shall be construed to include goods, wares, and merchandise, which 
 are not in liquid form and which have heretofore been sold by meas- 
 ure of length, by weight, by measures of capacity, or by numerical 
 count, or which are susceptible of sale in any of these ways. 
 
 Sec. 20. Coal, etc., to be sold by weight; delivery tickets. — It shall be 
 unlawful to sell or offer to sell any coal, coke, or charcoal in any other 
 manner than by weight. It shall be unlawful for any person to de- 
 liver any coal, coke, or charcoal unless each such delivery is accom- 
 panied by a delivery ticket and a duplicate thereof, on each of which 
 shall be, in ink or other indelible substance, distinctly expressed in 
 pounds, the gross weight of the load, the tare of the delivery vehicle, 
 [and the quantity or quantities of coal, coke, or] 1 charcoal contained 
 in the vehicle used in such deliveries, with the name of the purchaser 
 thereof, and the name of the dealer from whom purchased. One of 
 these tickets shall be surrendered to the director of trade and com- 
 merce, or any city inspector of weights and measures, upon his de- 
 mand, for his inspection, and this ticket, or a weight slip issued by 
 him when he desires to retain the original, shall be delivered to the 
 said purchaser of said coal, coke, or charcoal, or his agent or repre- 
 sentative at the time of the delivery of the fuel ; and the other ticket 
 shall be retained by the seller of the fuel. When the buyer carries 
 away the purchase, a delivery ticket showing the actual number of 
 pounds delivered to him must be given to him at the time the sale 
 is made. 
 
 Sec. 21. Weight of contents of package to appear thereon; exemptions; 
 meaning of terms. — It shall be unlawful to keep for the purpose of 
 sale, offer or expose for sale, or sell, any commodity in package 
 
 1 Tbe words contained within the brackets are not given in the Statutes, but since they 
 are contained in the original act they were apparently inadvertently omitted from the 
 Statutes. 
 
212 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 form unless the net quantity of the contents be plainly and con- 
 spicuously marked on the outside of the package, in terms of weight, 
 measure, or numerical count: Provided, however, That reasonable 
 variations or tolerances shall be permitted, and that these reason- 
 able variations or tolerances and exemptions shall be established by 
 rules and regulations made and promulgated by the director of 
 trade and commerce : And, provided, further, That this section 
 shall not be construed to apply to those commodities in package 
 form, the manner of sale of which is specifically regulated by the 
 provisions of other sections of this act. 
 
 The words " in package form " as used in this section shall be 
 construed to include a commodity in a package, carton, case, can, 
 box, barrel, bottle, phial, or other receptacle, or in coverings or 
 wrappings of any kind, put up by the manufacturer, or, when put 
 up prior to the order of the commodity, by the vendor, which may 
 be labeled, branded, or stenciled, or otherwise marked, or which may 
 be suitable for labeling, branding, or stenciling, or marking other- 
 wise, making one complete package of the commodity. The words 
 " in package form " shall be construed to include both the wholesale 
 and the retail package. " Package " as used in this section, does 
 not include any container in which are packed or contained pack- 
 ages of a smaller size of a commodity, but the provisions of this 
 section apply only to the container directly enclosing the commodity. 
 
 Sec. 22. Net amount of commodity must be marked on label. — It shall 
 be unlawful to keep for the purpose of sale, offer or expose for sale, 
 or sell, any commodity composed in whole or in part of cotton, wool, 
 linen, or silk, or any other textile material on a spool or similar 
 holder, or in a container or band, or in a bolt or roll, or in a ball, 
 coil, or skein, or in any similar manner, unless the net amount of 
 the commodity in terms of weight or measure shall be definitely, 
 plainly and conspicuously marked on the principal label, if there 
 be such a label ; otherwise on a wrapping, band, or tag attached 
 thereto. 
 
 The words " spool or similar holder, container or band, bolt or 
 roll, or ball, coil or skein " shall be construed to include the spool 
 or similar holder, container or band, bolt or roll, or ball, coil, or 
 skein put up by the manufacturer; or when put up prior to the 
 order of the commodity, by the vendor. It shall be held to include 
 both the wholesale and the retail package. 
 
 Sec. 23. Butter, etc., to be sold by weight; sizes of print; statement of 
 weight. — It shall be unlawful for any person to sell, or offer to sell, 
 any butter or renovated or process butter or oleomargarine in any 
 other manner than by weight. It shall be unlawful for any person 
 to put up, pack, or keep for the purpose of sale, offer or expose for 
 sale, or sell any butter or renovated or process butter, or oleomar- 
 garine, in the form of prints, bricks, or rolls in any other than the 
 following sizes, to wit: One-quarter pound, one-half pound, one 
 pound, one and one-half pounds, or multiples of one pound. Each 
 print, brick, or roll shall bear a definite, plain, and conspicuous 
 statement of its true net weight, on the principal label, where there 
 be such a label, otherwise on the outside wrapper thereof; such 
 statement shall be in Gothic type not less than one-quarter inch 
 square. 
 
ILLINOIS 213 
 
 The prints, bricks, or rolls referred to in this section shall be 
 construed to include those prints, bricks, or rolls put up by the 
 manufacturer or producer; or, when put up prior to the order of 
 the commodity, by the vendor. 
 
 Sec. 24. Bread, shall be sold by weight. — All bread kept for the pur- 
 pose of sale, offered or exposed for sale, or sold, shall be sold by 
 weight, and cities required by this act to appoint inspectors of 
 weights and measures may enact and enforce ordinances regulating 
 the same. 
 
 Sec. 25. Capacity of milk bottles; capacity to appear on bottle; designat- 
 ing number ; bond ; penalty. — Bottles used for the sale of milk or cream 
 shall be of the capacity of one-half gallon, three pints, one quart, 
 one pint, one-third quart, one-half pint, and one gill when filled 
 to the bottom of the cap, ring or stopple. The following variations 
 on individual bottle or jars may be allowed, to wit : Six drams above 
 and six drams below on the half gallon, five drams above and five 
 drams below on the thi'ee-pint, four drams above and four drams 
 below on the quart, three drams above and three drams below on the 
 pint, two and one-half drams above and two and one-half drams 
 below on the one-third quart, two drams above and two drams below 
 on the one-half pint, and two drams above and two drams below 
 on the* gill. Bottles or jars used for the sale of milk or cream 
 shall have clearly blown or otherwise permanently marked in the 
 side of the bottle the capacity of the bottle and the word "sealed;" 
 and in the side or bottom of the bottle the name, initials, or trade- 
 mark of the manufacturer and a designating number, which desig- 
 nating number shall be different for each manufacturer and may 
 be used in identifying the bottles. The designating number shall 
 be furnished by the director of trade and commerce upon applica- 
 tion by the manufacturer, and upon the filing by the manufacturer 
 of a bond in the sum of one thousand dollars, with sureties, to be 
 approved by the director of trade and commerce, conditioned upon 
 their conformance with the requirements of this section. A record 
 of the bond- furnished and the designating numbers and to whom 
 furnished shall be kept in the office of the director of trade and 
 commerce. 
 
 Provided, The requirement that the word " sealed " and the desig- 
 nating number to be placed upon the bottle shall not be enforced 
 as to any such bottles in use at the time of the passage of this act 
 until the first day of January, A. D. 1923 : And provided further, 
 .Such requirement for the marking of bottles shall not be construed 
 as modifying or repealing any other laws of this State with refer- 
 ence to this subject. 
 
 Any manufacturer who sells or offers to sell milk or cream bottles 
 to be used in this State that do not comply, as to size and markings, 
 with the provisions of this section shall suffer a penalty of five 
 hundred dollars, to be recovered by the attorney general in an action 
 against the offender's bondsmen to be brought in the name of the 
 people of the State. Any dealer who uses, for the purpose of sell- 
 ing milk or cream, jars or bottles purchased after this law takes 
 effect that do not comply with the requirements of this section as 
 to markings and capacity, shall be deemed guilty of using a false or 
 insufficient measure. 
 
214 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 City inspectors of weights and measures are not required to seal 
 bottles or jars for milk or cream marked as in this section provided, 
 but they shall have the power to, and shall from time to time, make 
 tests on individual bottles used by the various persons, firms, or 
 corporations, in the territory over which they have jurisdiction in 
 order to ascertain if the above provisions are being complied with, 
 and they shall immediately report violations found to the director 
 of trade and commerce. 
 
 Sec. 28. Dimensions of standard barrel for fruits, etc. — The standard 
 barrel for fruits, vegetables and dry commodities other than cran- 
 berries shall be of the following dimensions when measured without 
 distention of its parts; length of staves, twenty-eight and one-half 
 inches ; diameter of heads, seventeen and one-eighth inches ; distance 
 between heads, twenty-six inches; circumference of bulge, sixty-four 
 inches, outside measurement; and the thickness of staves not greater 
 than four-tenths of an inch : Provided, That any barrel of a dif- 
 ferent form having a capacity of seven thousand and fifty-six cubic 
 inches shall be a standard barrel. The standard barrel for cran- 
 berries shall be of the following dimensions when measured without 
 distention of its parts; length of staves, twenty-eight and one-half 
 inches; diameter of heads, sixteen and one-fourth inches; distance 
 between heads, twenty-five and one-fourth inches, circumference of 
 bulge, fifty-eight and one-half inches, outside measurement ; and the 
 thickness of staves not greater than four-tenths of an inch. 
 
 It shall be unlawful for any person to offer or expose for sale, sell, 
 or ship any other barrels for fruits, vegetables, or other dry commodi- 
 ties, or to oiler or expose for sale, sell, or ship any fruits, vegetables, 
 or other dry commodities in other barrels than the standard barrels 
 as defined in this section, or subdivisions thereof known as the third, 
 half, or three-quarters barrel : Provided, however, That nothing in 
 this section shall apply to barrels used in packing or shipping com- 
 modities sold exclusively by weight or numerical count: And, Pro- 
 vided, further, That no barrel shall be deemed below standard within 
 the meaning of this section when shipped to any foreign country 
 and constructed according to the specifications or directions of the 
 foreign country to which the same is intended to be shipped. 
 
 Sec. 27. Containers holding one quart or less. — It shall be unlawful t« 
 procure or keep for the purpose of sale, offer or expose for sale, sell, 
 or give away baskets or other open containers for berries or small 
 fruits, holding one quart or less, or to procure or keep for the pur- 
 pose of sale, offer or expose for sale, or sell berries or small fruits 
 in baskets or other open containers, holding one quart or less, of 
 any other than the following capacities, when level full; one quart, 
 one pint, or one-half pint, standard dry measure. 
 
 Sec. 28. !Net weight of commodity. — Whenever any commodity is sold 
 on a basis of weight, it shall be unlawful to employ any other 
 weight in such sale than the net weight of the commodity; and all 
 contracts concerning goods sold on a basis of weight shall be under- 
 stood and construed accordingly. Whenever the weight of a com- 
 modity is mentioned in this act, it shall be understood and construed 
 to mean the net weight of the commodity. 
 
 Sec. 29. Standard of length and surface. — The unit or standard of 
 length and surface, from which all the other measures of extension, 
 whether lineal, superficial or solid, shall be derived and ascertained, is 
 
ILLINOIS 215 
 
 the standard yard designated in this act, which is divided into three 
 equal parts called feet, and each foot into twelve equal parts called 
 inches. For measures of cloth and other commodities commonly 
 sold by the yard, it may be divided into halves, quarters, eighths 
 and sixteenths. The rod, pole or perch, contains five and one-half 
 yards; the mile one thousand seven hundred and sixty yards. The 
 chain for measuring land is twenty-two yards long and is divided 
 into one hundred equal parts called links. The acre for land meas- 
 urement shall be measured horizontally and contain ten square 
 chains, equivalent in area to a rectangle sixteen rods in length and 
 ten in breadth, six hundred and forty acres being contained in a 
 square mile. 
 
 Sec. 30. Avoirdupois and troy weights ; ratio. — The units or standards 
 of weight from which all the other weights shall be derived and 
 ascertained shall be the standard avoirdupois and troy weights 
 designated in this act, an avoirdupois pound to bear to the troy 
 pound the ratio of seven thousand to five thousand seven hundred 
 and sixty grains. Therefore, the avoirdupois pound bears to the 
 troy pound the ratio of seven thousand to five thousand seven hun- 
 dred and sixty, and is divided into sixteen equal parts called ounces. 
 The hundredweight consists of one hundred avoirdupois pounds, and 
 twenty hundredweight are a ton. The troy ounce is equal to a 
 twelfth part of a troy ppund. 
 
 Sec. 31. Standards of measure of capacity, barrel, hogshead. — The units 
 or standards of measure of capacity for liquids from which all other 
 measures shall be derived and ascertained shall be the standard 
 gallon and its parts designated in this act. The barrel is equal to 
 thirty-one and one-half gallons, and two barrels shall constitute a 
 hogshead. All other measures of capacity for liquids shall be derived 
 from the liquid gallon by continual division by the number two, so as 
 to make half gallons, quarts, pints, half pints and gills. The unit or 
 standard measure of capacity for substances not liquids, from which 
 all measures of such substances shall be derived and ascertained, is the 
 standard half bushel mentioned in this act. The peck, half peck, 
 quarter peck, quart and pint measure for measuring commodities 
 which are not liquids shall be derived from the half bushel by suc- 
 cessively dividing that measure by two. 
 
 Sec. 32. Heaped measures; dry commodities not heaped. — All commodi- 
 ties sold by heaped measure shall be duly heaped up in the form of a 
 cone, the outside of the measure by which the same shall be measured 
 to be the limit of the base of such cone, and such cone to be as high 
 as the article to be measured will admit. 
 
 The measures used for measuring dry commodities not heaped 
 shall be stricken with a straight stick or roller. 
 
 Sec. 33. Contracts to be construed according to standard. — Contracts 
 hereafter to be executed, made within the State, for any work to 
 be done, or for anything to be sold, delivered, done or agreed for, by 
 weight or measure, shall be taken and construed to be made accord- 
 ing to the standard weight and measure ascertained as herein- 
 before provided unless there is an express provision to the contrary. 
 
 Sec. 34. Weight per bushel or barrel. — Whenever any of the follow- 
 ing articles shall be contracted for, or sold, or delivered, and when 
 no special contract or agreement shall be made to the contrary, the 
 
216 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 weight per bushel or barrel or divisible merchantable quantities of a 
 bushel or barrel shall be as follows : 2 
 
 or maize, per 
 
 Pounds 
 
 Wheat flour, per barrel 196 
 
 Wheat flour, per half barrel 98 
 
 Wheat flour, per quarter barrel 
 
 sack 49 
 
 Wheat flour, per eighth barrel 
 
 ; sack 24% 
 
 Corn meal, per bushel sack 48 
 
 Corn meal, per half bushel sack. 24 
 Corn meal, per quarter bushel 
 
 sack 12 
 
 Alfalfa seed, per bushel 60 
 
 Apples, green, per bushel 47 
 
 Apples, dried, per bushel 24 
 
 Barley, per bushel 48 
 
 Beans, green or string, per 
 
 bushel 24 
 
 Beans, wax, per bushel 24 
 
 Beans, white, per bushel 60 
 
 Beans, castor, per bushel 46 
 
 Beets, per bushel 60 
 
 Blue grass seed, per bushel 14 
 
 Bran, per bushel 20 
 
 Buckwheat, per bushel 52 
 
 Carrots, per bushel 50 
 
 Charcoal, per bushel 20 
 
 Clover seed, per bushel 60 
 
 Coal, per bushel 80 
 
 Coke, per bushel 40 
 
 Corn, seed, broom, per bushel 48 
 
 Corn meal, unbolted, per bushel- 48 
 
 Corn, in the ear, per bushel 70 
 
 Corn, kafflr, per bushel 56 
 
 Corn, shelled, per bushel 56 
 
 Cotton seed, per bushel 32 
 
 Cranberries, per bushel 33 
 
 Cucumbers, per bushel 48 
 
 Emmer, per bushel 40 
 
 Flax seed, per bushel 56 
 
 Gooseberries, per bushel 40 
 
 Hair, plastering, unwashed, per 
 
 bushel 8 
 
 Hair, plastering, washed, per 
 
 bushel , 4 
 
 Hemp seed, per bushel 44 
 
 Hickory nuts, per bushel 50 
 
 Hungarian grass seed, per 
 
 bushel 50 
 
 Whenever any of the following named articles are sold by the 
 cubic yard and the same are weighed, the following weights shall 
 govern : 
 
 Pounds 
 
 Indian corn 
 
 bushel 
 
 Lime, per bushel 
 
 Malt, per bushel 
 
 Millet, per bushel 
 
 Millet, Japanese barnyard, per 
 
 bushel 
 
 Oats, per bushel 
 
 Onions, per bushel 
 
 Onion sets, top, per bushel 
 
 Onion sets, bottom, per bushel 
 
 Orchard grass seed, per bushel- 
 
 Osage orange seed, per bushel 
 
 Parsnips, per bushel 
 
 Peaches, per bushel 
 
 Peaches, dried, per bushel 
 
 Peanuts, green, per bushel 
 
 Peanuts, roasted, per bushel 
 
 Pears, per bushel 
 
 Peas, dried, per bushel 
 
 Peas, green in pod, per bushel- 
 Popcorn, in the ear, per bushel- 
 Popcorn, shelled, per bushel 
 
 Potatoes, Irish, per bushel 
 
 Potatoes,, sweet, per bushel 
 
 Quinces, per bushel 
 
 Rape seed, per bushel 
 
 Kep top seed, per bushel 
 
 Rough rice, per bushel 
 
 Rutabagas, per bushel 
 
 Rye meal, per bushel 
 
 Rye, per bushel 
 
 Salt, coarse, per bushel 
 
 Salt, fine, per bushel 
 
 Shorts, per bushel 
 
 Sorghum seed, per bushel 
 
 Spelt, per bushel 
 
 Spinach, per bushel 
 
 Sweet clover seed, unhulled, per 
 
 bushel 
 
 Timothy seed, per bushel 
 
 Tomatoes, per bushel 
 
 Turnips, per bushel 
 
 Walnuts, per bushel 
 
 Wheat, per bushel 
 
 Pounds 
 
 56 
 
 80 
 38 
 50 
 
 35 
 32 
 57 
 30 
 32 
 14 
 33 
 50 
 48 
 33 
 22 
 20 
 58 
 60 
 32 
 70 
 56 
 60 
 50 
 48 
 50 
 14 
 45 
 50 
 50 
 56 
 55 
 50 
 20 
 50 
 40 
 12 
 
 33 
 45 
 56 
 55 
 50 
 60 
 
 Pounds 
 
 Crushed stone (1 cubic yard) 2,500 
 
 Bank sand (1 cubic yard) 2,500 
 
 Torpedo sand (1 cubic yard)___ 3,000 
 Gravel (1 cubic yard) 3,000 
 
 Sec. 35. Penalties. — Whoever, in buying any of the articles of prop- 
 erty mentioned in the preceding section, shall take any oreater 
 number of pounds thereof to the bushel, barrel, or cubic yard or 
 divisible merchantable quantity of a bushel, barrel or cubic yard, 
 or in selling any of said articles, shall give any less number of 
 
 - A slight change has been made in the arrangement for convenience of reference. 
 
ILLINOIS 217 
 
 pounds thereof to the bushel, barrel or cubic yard or divisible mer- 
 chantable quantity of a bushel, barrel or cubic yard than is allowed 
 by said section, with intent to gain an advantage thereby, except ex- 
 pressly 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 ad- 
 dition thereto, to be recovered in any form of action in any court 
 of competent jurisdiction. 
 
 Sec. 36. Firewood; cord; penalty. — Whenever any firewood shall be 
 contracted for or sold or delivered, and when no special contract or 
 agreement shall be made to the contrary, one hundred and twenty- 
 eight cubic feet shall constitute a cord. 
 
 Whoever, in buying same, shall take any greater number of cubic 
 feet thereof to the cord, or divisible merchantable quantity of a cord, 
 or in selling same, shall give any less number of cubic feet to the cord 
 or divisible merchantable quantity of a cord; with intent to gain an 
 advantage thereby, except expressly authorized so to do by special 
 contract or agreement to that effect, shall be liable to the party in- 
 jured in the same manner as is provided in section 35 hereof. 
 
 Sec. 37. Fees. — The director of trade and commerce and each city 
 inspector of weights and measures shall be entitled to receive and 
 collect fees for the use of the State or city as the case may be for 
 service at the following rates : 
 
 For inspecting and sealing scales of the capacity of 40,000 pounds and 
 upward, each $5. 00 
 
 For inspecting and sealing scales of the capacity of 24.000 pounds up to 
 40,000 pounds, each 2.50 
 
 For inspecting and sealing scales of the capacity of 6,000 pounds up to 
 24,000 pounds, each 1. 50 
 
 For inspecting and sealing scales of the capacity of 2,500 pounds up to 
 6,000 pounds, each . 75 
 
 For inspecting and sealing scales of the capacity of 240 pounds up to 
 2,500 pounds, each .50 
 
 For inspecting and sealing scales of the capacity of 2 pounds up to 
 240 pounds, each .30 
 
 For inspecting and sealing Hopper scales, each 2. 00 
 
 For inspecting and sealing two-bushel, one-bushel and one-half bushel 
 
 measures, each . 10 
 
 For inspecting and sealing any other dry measure, each . 10 
 
 For inspecting and sealing every automatic weighing machine, or every 
 instrument or device of a capacity of less than three tons used for 
 weighing or measuring any person or animal, for hire or reward, each. . 75 
 For inspecting and sealing liquid measures of the capacity of one gallon 
 
 and upward, each . 15 
 
 For inspecting and sealing any other liquid measures not used for com- 
 pounding and manufacturing purposes, each . 10 
 
 For inspecting and sealing yard measures, each . 10 
 
 For inspecting and sealing any linear measure, for each three feet . 10 
 
 For inspecting and sealing any tape line exceeding 50 feet in length, 
 
 each . 75 
 
 For inspecting and sealing any automatic machine used for lineal 
 
 measuring, each . 75 
 
 For inspecting and sealing any automatic pump used for measuring gaso- 
 line, oils, etc., each 1.00 
 
 They shall also be entitled to, for the use of the State or city, as 
 the case may be, a reasonable compensation for making such weights 
 and measures conform to the standards established by this act: Pro- 
 vided, hoviever, That no charge shall be made by the department of 
 trade and commerce for inspecting and scaling any weights, meas- 
 
218 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ures, scales or beams which may belong to any city and which may 
 be sent or brought to the department of trade and commerce for 
 that purpose by the inspector of weights and measures of such city. 
 
 Sec. 38. Unlawful to sell gasoline, etc., by any other measure than that 
 provided in section 31; automatic or mechanical pump to be approved; 
 penalty. — It shall be unlawful to sell or offer to sell any gasoline, 
 naphtha, kerosene, wood alcohol or other oils or liquids used in pro- 
 ducing light or heat or generating gas or power by any measure 
 other than that provided in section 31 hereof for liquids. 
 
 It shall be unlawful for any person, firm or corporation to use 
 any automatic or mechanical pump or device for the purpose of 
 measuring any liquid commodity to be sold or offered for sale un- 
 less such automatic or mechanical pump or device shall have been 
 inspected and approved by the proper authority under this law. 
 The owner or user of every automatic or mechanical pump or de- 
 vice shall provide proper tested standard measures, and shall at 
 least once each day, and always before commencing to use a new 
 supply of liquid, test the accuracy of the pump or device in use. 
 The director of trade and commerce is authorized to examine and 
 inspect all automatic or mechanical devices used for the purpose of 
 measuring any liquid commodity to be sold or offered for sale, 
 and condemn for repairs or seize any such devices found to be inac- 
 curate or incorrect. 
 
 Any person, firm or corporation using any such automatic or 
 mechanical device without having obtained the certificate of ap- 
 proval as hereinbefore provided for, or any person using such auto- 
 matic or mechanical device knowing the same to be incorrect or 
 defective, shall, upon conviction, be fined not less than five dollars 
 nor more than five hundred dollars. 
 
 Sec. 39. Penalties. — Any person who, by himself or by his servant 
 or agent, or as the servant or agent of another person, shall offer 
 or expose for sale, sell, use in buying or selling of any commodity 
 or thing or for hire or award, or retain in his possession a false 
 weight or measure or weighing or measuring device or any weight or 
 measure or weighing or measuring device which has not been sealed 
 by the director of trade and commerce, or by a city inspector of 
 weights and measures, within one year, or shall dispose of any 
 condemned weight, measure, or weighing or measuring device con- 
 trary to law, or remove any tag placed thereon by the director of 
 trade and commerce or by a city inspector of weights and measures; 
 or who shall sell or offer or expose for sale less than the quantity 
 he represents, or shall take or attempt to take more than the quan- 
 tity he represents, when, as a buyer, he furnishes the weight, measure, 
 or weighing or measuring device by means of which the amount 
 of commodity is determined ; or who shall keep for the purpose of 
 sale, offer or expose for sale, or sell any commodity in a manner 
 contrary to law; or who shall violate any provision of this act 
 for which a specific penalty has not been provided ; or who shall sell 
 or offer for sale, or use or have in his possession for the purpose of 
 selling or using any device or instrument to be used to or calculated 
 to falsify any weight or measure, shall be guilty of a misdemeanor, 
 and shall be punished by a fine of not less than twenty dollars nor 
 more than two hundred dollars, or by imprisonment for not more 
 
iixinois 219 
 
 than three months, or by both such fine and imprisonment, upon a 
 first Conviction, in any court of competent jurisdiction; and. upon 
 a second or subsequent conviction in any court of competent jurisdic- 
 tion he shall be punished by a fine of not less than fifty dollars nor 
 more than five hundred dollars, or by imprisonment in the county 
 jail for not more than one year, or by both such fine and imprison- 
 ment. 
 
 Sec. 40. Meaning of terms used in act. — The word " person " as used 
 in this act shall be construed to import both the plural and singular, 
 as the case demands, and shall include corporations, companies, 
 societies, and associations. 
 
 The words >k weights, measures, or (and) weighing or (and) 
 measuring devices," as used in this act, shall be construed to include 
 all weights, scales, beams, measures of every kind, instruments and 
 mechanical devices for weighing or measuring, and any appliances 
 and accessories connected with any or all such instruments. 
 
 The words " sell " or " sale " as used in this act, shall be construed 
 to include barter and exchange. 
 
 Sec. 41. Inspectors not to be interested in sale of weights, etc. — No 
 person authorized by this act to inspect weights, measures, scales, 
 beams or other measuring devices shall vend any weights, measures, 
 scales, weighing or measuring devices of any kind whatsoever to 
 be used for weighing or measuring, or offer or expose the same 
 for sale, or be interested, directly or indirectly, in the sale of the 
 same. 
 
 Sec. 42. Tables of specifications and tolerances. — The department of 
 trade and commerce shall promulgate tables of specifications and 
 tolerances, for the guidance of the local sealers, or inspectors of 
 weights and measures, in conformity with those approved by the 
 National Bureau of Standards, to which all weights, scales, measures, 
 and weighing and measuring devices, used within the State shall 
 conform. 
 
 Smith's Revised Stats., 1921, ch. 127, p. 1874. 
 
 Sec. 56 (al921). Rights, powers, and duties of department of trade and 
 commerce. — The department of trade and commerce shall have 
 power: * * * 
 
 3. To exercise the rights, powers and duties vested by law 
 in the chief inspector of grain, deputy grain inspectors, deputy 
 chief grain inspector, and the warehouse registrar, the assistant 
 warehouse registrars, State weighmasters, assistant State weigh- 
 masters and other officers and employes of the grain inspection 
 service; * * * 
 
 6. To execute and administer all laws and regulations now or 
 hereafter enacted, relating to weights and measures; 
 
 7. To execute and adminster all laws and regulations now or 
 hereafter enacted, relating to standards of quantity and quality of 
 and for commodities ; * * * 
 
 Smith's Rev. Stats., 1921, ch. 56'/.., p. 998. 
 
 Sec. 9 (al917). Misbranded defined.— The term " misbranded," as 
 used herein, shall apply to all articles of food or drink, or articles 
 which enter into the composition of food or drink, the packages or 
 
220 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 labels of which bear any statement, design or device regarding such 
 article, or the ingredients or substance contained therein which* shall 
 be false or misleading in any particular; and to any such products 
 which are falsely branded as to manufacture, packer or dealer who 
 sells the same or as to the State, Territory or country in which it is 
 manufactured or produced. That for the purpose of this act an 
 article shall also be deemed to be misbrancled — 
 
 In case of food : * * * 
 
 Third. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure, or numerical count: Provided, however. 
 That reasonable variation shall be permitted and tolerances and also 
 exemptions as to small packages shall be established by rules and 
 regulations made in accordance with the provisions of section 38 of 
 this act. * * * 
 
 Smith's Rev. Stats., 1921, ch. 24, p. 194. 
 
 Sec. 65 (al921). — 1. The city council in cities, and the president and 
 
 the board of trustees in villages, shall have the following powers: 
 * * * 
 
 52. To regulate the sale of bread in the city or village; prescribe 
 the weight and quality of bread in the loaf. * * * 
 
 54. To regulate the inspection, weighing and .measuring of brick, 
 lumber, firewood, coal, hay, and any article of merchandise. 
 
 55. To provide for the inspection and sealing of weights and 
 measures. 
 
 56. To enforce the keeping and use of proper weights and measures 
 by vendors. * * * 
 
 91. To tax, license and regulate * * * public scales * * *. 
 
 Smith's Rev. Stats., 1921, ch. 147, p. 2002. 
 
 Sec. 44 (1909). Power of municipal authorities to require sales by 
 weight or count. — That the city council in cities, and the president and 
 board of trustees in villages and incorporated towns, shall have power 
 to require all grain, flour, meal, hay, feed, seeds, fruits, nuts, vege- 
 tables, and nonliquid vegetable products, meats and non-liquid 
 animal products, fish, butter, cheese and other similar dairy products, 
 dry groceries and all other similar articles of merchandise, or any 
 particular class or classes of such merchandise, in the absence of a 
 contract or agreement in writing to the contrary, to be sold by 
 standard avoirdupois weight or by numerical count. 
 
 Laws, 1923, p. 1. 
 
 Sec. 1. Standards for agricultural products. — As used in this act, the 
 word " director " means the director of the department of agricul- 
 ture, and the term " agricultural products " includes all farm, dairy, 
 bee, viticuLtural and horticultural products. Nothing in this act 
 shall be construed as repealing or in any way modifying any pro- 
 vision of " an act to regulate the grading, packing, branding and 
 sale of apples in closed packages," approved June 27, 1921: Pro- 
 vided, however, That apples may be inspected and certificates issued 
 under the provisions of this act in accordance with the standards 
 established by said act. 
 
ILLINOIS 221 
 
 Sec. 2. Standard containers, hearing on; regulations and tolerances. — 
 In order to promote, protect, further and develop the agricultural 
 interests of this State, the director is hereby authorized, after investi- 
 gation and public hearing, to fix and promulgate official standards 
 for grading and classifying any or all agricultural products grown 
 or produced in this State, and fix and promulgate official standards 
 for containers of farm products, and to change any of them from 
 time to time. The director shall promulgate regulations prescribing 
 such tolerances as may be deemed necessary permitting such varia- 
 tions from the standards fixed under this act, as are reasonably inci- 
 dent to the proper grading of agricultural products, or to the manu- 
 facture of containers for such products. 
 
 Sec. 3. Standards to be effective, when. — In promulgating the stand- 
 ards or any alterations or modifications of such standards, the di- 
 rector shall specify the date or dates when the same shall become 
 effective, and shall give public notice not less than thirty days in 
 advance of the date when the standard for any agricultural product 
 shall become effective and one year in advance of the date when a 
 standard for any container shall become effective by such means as 
 he deems proper, and he is hereby authorized to employ reasonable 
 methods for diffusing information concerning the standard that may 
 be fixed by him for any agricultural product or container. 
 
 Sec. 4. Fixing standard containers for agricultural products. — The di- 
 rector is authorized to fix and promulgate as the official standard 
 for this State for any agricultural product or container the standard 
 for such product or container which may have been promulgated or 
 announced therefor under the authority of the Congress of the 
 United States, and in carrying out the provisions of this act, the 
 director is authorized to cooperate with the United States or any 
 department thereof in accomplishing the matters and things pro- 
 vided for herein. 
 
 Sec. 11. Penalty in re containers not standard. — * * * Whenever 
 an}' standard for a container for an agricultural product becomes ef- 
 fective under this act, no person thereafter shall manufacture for 
 commerce within the jurisdiction of this State, or sell, ship, or offer 
 for sale in such commerce any container, either filled or unfilled, to 
 which the standard is applicable, which does not comply with such 
 standard subject to such tolerances as may be permitted under this 
 act. 
 
 Any person violating this section shall be guilty of a misdemeanor 
 and upon conviction thereof shall be fined not more than five hun- 
 dred dollars or be imprisoned not more than one year, or both. 
 
 Smith's Rev. Stats., 1921, ch. 147, p. 2002. 
 
 Sec. 45 (1917). Cotton duck. — That for the purpose of this act cot- 
 ton duck or canvas shall be deemed to include all cotton duck, or 
 canvas, whether single filling, double filling, army, roll or wide 
 duck. 
 
 Sec. 46. " Yard " and "ounce " defined. — That for the purpose of this 
 act, the equivalent of thirty-six (36) inches in length by twenty- 
 nine (29) inches in width, or seven and one-fourth (7V4) square feet 
 of cotton duck or canvas shall constitute a yard, and an ounce shall 
 be one-sixteenth part of a pound avoirdupois. 
 
222 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 47. Weight to be marked. — Any person, firm or corporation who 
 shall manufacture for sale or who may offer or expose for sale any 
 cotton duck or canvas or any article other than clothing and wear- 
 ing apparel composed or made in whole or in part of cotton duck 
 or canvas, shall distinctly and durably stamp, brand or mark there- 
 on the true and correct weight of such cotton duck or canvas, by 
 ounces per yard, together with a description by name of any filler 
 or other preparations placed in or on said cotton duck or canvas 
 since its manufacture. 
 
 Sec. 48. Sale without brand or misrepresenting weight prohibited. — 
 It shall be unlawful for any person, firm or corporation either 
 individually or in any representative capacity, to carry for sale, 
 sell or endeavor to sell any cotton duck or canvas as herein defined, 
 or any articles other than clothing and wearing apparel composed 
 or made in whole or in part of any cotton duck or canvas without 
 having marked thereon the true and correct weight of said canvas, 
 or cotton cluck by ounces per yard, together with a description by 
 name of any filler or other preparations placed in or on said cotton 
 duck or canvas since its manufacture, or to misstate, misrepresent or 
 conceal the true weight of said canvas or cotton duck by ounces 
 per yard, or to misstate, misrepresent or conceal the existence of 
 any filler or other preparation placed in or on said cotton duck or 
 canvas since its manufacture. 
 
 Sec. 49. Awnings, etc.; misrepresenting dimensions prohibited. — It 
 shall be unlawful for any person, firm or corporation either in- 
 dividually or in representative capacity selling, carrying for sale or 
 endeavoring to sell any awnings, paulins, wagon covers, tent, grain 
 and hay covers, stable or tent tops, to misstate or misrepresent or 
 conceal the true and correct size and dimensions thereof. 
 
 Sec. 50. Effacing mark prohibited. — It shall be unlawful for any per- 
 son to deface, mutilate, obscure, conceal, efface, cancel or remove 
 and mark provided for by this act, or cause or permit the same to be 
 done with the intent to mislead, deceive or to violate any of the 
 provisions of this act. 
 
 Sec. 51. Penalty. — Any person, firm or corporation violating any of 
 the provisions of this act shall be deemed guilty of a misdemeanor 
 and on conviction thereof shall for the first offense be punished by 
 a fine of not less than twenty-five dollars ($25) nor more than fifty 
 dollars ($50) and for each subsequent offense by a fine of not less 
 than fifty dollars ($50) nor more than one hundred dollars ($100). 
 
 Smith's Eev. Stats., 1921, ch. 121%, p. 1742. 
 
 Sec. 82 (1917). Term " paint " defined.— The term " paint," as used in 
 this act, shall include white lead in oil or any compound intended for 
 the same use, paste or semipaste, and liquid or mixed paint of any 
 kind ready for use, or any compound intended for the same use. 
 
 Sec. 83. Weight or measure to be marked. — * * * The label shall 
 also state, in case of liquid paints, and other compounds, on pack- 
 ages holding one quart or more, the net measure of contents of 
 each can, package or container. In case of white lead and other 
 paints and compounds, the label shall show on packages weighing 
 four pounds or more the net weight of each can, package or 
 container. 
 
ILLINOIS 223 
 
 Smith's Rev. Stats., 1921, eh. 114, p. 1559. 
 
 Sec. Ill (1871). Weighing in — receipt; weighing out — shrinkage; 
 damages ; evidence — shortage. — * * * And at the time such grain is 
 received by it for transportation, such corporation [railroad] shall 
 carefully and correctly weigh, the same, and issue to the shipper 
 thereof a receipt or bill of lading for such grain, in which shall be 
 stated the true and correct weight. 
 
 And such corporation shall weigh out and deliver to such 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. 
 
 In default of such delivery, the corporation so failing to deliver 
 the full amount of such grain shall pay to the person entitled 
 thereto the full market value of any such grain not delivered at 
 the time and place when and where the same should have been 
 delivered. 
 
 If any such corporation shall, upon the receipt by it of any grain 
 for transportation, neglect or refuse to weigh and receipt for the 
 same, as aforesaid, the sworn statement of the shipper, or his agent 
 having personal knowledge of the amount of grain so shipped, 
 shall be taken as true, as to the amount so shipped; and in case 
 of the neglect or refusal of any such corporation, upon the delivery 
 by them of any grain, to weigh the same, as aforesaid, the sworn 
 statement of the person to whom the same was delivered, or his agent 
 having personal knowledge of the weight thereof, shall be taken 
 as true, as to the amount delivered. And if, by such statements, it 
 shall appear that such corporation has failed to deliver the amount 
 so shown to be shipped, such corporation shall be liable for the 
 shortage, and shall pay to the person entitled thereto the full market 
 value of such shortage, at the time and place when and where the 
 same should have been delivered. 
 
 Sec. 205. Examination of grain and scales; incorrect scales. — All per- 
 sons owning property, or who may be interested in the same, in 
 any public warehouse, and all duly authorized inspectors of such 
 property, shall at all times, during ordinary business hours, be at 
 full liberty to examine any and all property stored in any public 
 warehouse in this State, and all proper facilities shall be extended 
 to such person by the warehouseman, his agents and servants, for 
 an examination; and all parts of public warehouses shall be free 
 for the inspection and examination of any person interested in 
 property stored therein, or of any authorized inspector of such 
 property. And all scales used for the weighing of property in 
 public warehouses shall be subject to examination and test by any 
 duly authorized inspector or sealer of weights and measures, at 
 any time when required by any person or persons, agent or agents, 
 whose property has been or is to be weighed on such scales — the 
 expense of such test by an inspector or sealer to be paid by the 
 warehouse proprietor if the scales are found incorrect, but not other- 
 
 517—26 15 
 
224 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 wise. Any warehouseman who may be guilty of continuing to use 
 scales found to be in an imperfect or incorrect condition by such 
 examination and test, until the same shall have been pronounced 
 correct and properly sealed, shall be liable to be proceeded against 
 as hereinafter provided. 
 
 Sec. 223 (1883). Weighmaster, appointment of. — That there shall be 
 appointed by the railroad and warehouse commissioners in all cities 
 where there is State inspection of grain, a State weighmaster 3 and 
 such assistance as shall be necessary. 
 
 Sec. 224. Duties of. — Said State weighmaster and assistants shall, at 
 the places aforesaid supervise and have exclusive control of the 
 weighing of grain and other property which may be subject to 
 inspection, and the inspection of scales and the action and certificate 
 of such weighmaster and assistants in the discharge of their afore- 
 said duties shall be conclusive upon all parties in interest. 
 
 Sec. 225. Fix fees. — The board of railroad and warehouse commis- 
 sioners shall fix the fees to be paid for the weighing of grain or 
 other property, which fees shall be paid equally by all parties 
 interested in the purchase and sale of the property weighed, or scales 
 inspected and tested. 
 
 Sec. 226. Weighmaster — qualifications, bond, compensation. — Said 
 State weighmaster and assistants shall not be a member of any board 
 of trade or association of like character; they shall give bonds in 
 the sum of five thousand dollars ($5,000) conditioned for the faith- 
 ful discharge of their duties, and shall receive such compensation 
 as the board of railroad and warehouse commissioners shall deter- 
 mine. 
 
 Sec. 227. Rules and regulations for weighing grain. — The railroad 
 and warehouse commissioners shall adopt such rules and regulations 
 for the weighing of grain and other property as they shall deem 
 proper. 
 
 Sec. 228. Neglect of duty; penalty. — In case any person, warehouse- 
 man or railroad corporation, or any of their agents or employees, 
 shall refuse or prevent the aforesaid State weighmaster or either 
 of his assistants from having access to their scales, in the regular 
 performance of their duties in supervising the weighing of any grain 
 or other property in accordance with the tenor and meaning of this 
 act they shall forfeit the sum of one hundred dollars ($100) for each 
 offense, to be recovered in an action of debt, before any justice of 
 the peace, in the name of the people of the State of Illinois; such 
 penalty or forfeiture to be paid to the county in which the suit is 
 brought, and shall also be required to pay all costs of prosecution. 
 
 Sec. 229 (1887). Weighing grain at transfer points. — That in all 
 counties of the third class, and in all cities having not less than 
 50,000 inhabitants, where bulk grain, millstuffs or seeds are deliv- 
 ered by any railroad transporting the same from initial points to 
 another road for transportation to other points, such road or roads 
 receiving the same for transportation to said points or other con- 
 nections leading thereto, shall provide suitable appliances for un- 
 loading, weighing and transferring such property from one car to 
 another without mixing or in any way changing the identity of 
 
 3 Offices of State weighmasters and assistant State weighmasters abolished. Rights, 
 powers, etc., transferred to department of trade and commerce. 
 
ILLINOIS 225 
 
 the property so transferred, and such property shall be accurately 
 weighed in suitably covered hopper scales, which will determine 
 the actual net weight of the entire contents of any carload of grain, 
 millstuffs or seeds at a single draft, without gross or tare, and 
 which weights shall always be given in the receipts or bills of lading 
 and used as the basis of any freight contracts affecting such ship- 
 ments between such railroad companies and the owners, agents or 
 shippers of such grain, millstuffs or seeds so transported and trans- 
 ferred. 
 
 Sec. 230. Weighing and transferring in transit. — The practice of 
 loading grain, millstuffs or seeds into foreign or connecting-line cars 
 at the initial point from which the grain, millstuffs or seeds are 
 originally shipped, or the running of the original car through with- 
 out transfer, shall not relieve the railroad making the contract to 
 transport the same to its destination or connection leading thereto, 
 from weighing and transferring such property in the manner afore- 
 said, unless the shipper, owner or agent of such grain, millstuffs 
 or seeds shall otherwise order or direct. 
 
 Smith's Rev. Stats., 1921, ch. 38, p. 612. 
 
 Sec. 259 (1845). False weights and measures. — If any person shall 
 knowingly sell by false weights or measures, or shall knowingly use 
 false measures at any mill, in taking toll for grinding corn, wheat, rye, 
 or other grain, he shall be deemed a common cheat, and, on convic- 
 tion, shall be fined not less than $200, and imprisoned not exceeding 
 three months. 
 
 Smith's Rev. Stats., 1921, ch. 111%, p. 1522. 
 
 Sec. 52 (al921). Weighing of cars and freight; testing railroad weights 
 and scales. — * * * The commission [Illinois Commerce Commis- 
 sion] shall have power to enforce reasonable regulations for the 
 weighing of cars, and of freight offered for shipment over any line 
 of railroad, and to test the weights made by any railroad and scales 
 used in weighing freight on cars. 
 
 Sec. 54. Standards of service; examinations and tests. — The commis- 
 sion shall have power to ascertain, determine and fix for each kind 
 of public utility suitable and convenient standard commercial units 
 of service, product or commodity, which units shall be lawful units 
 for the purposes of this act; to ascertain, determine and fix adequate 
 and serviceable standards for the measurements of quantity, quality, 
 pressure, initial voltage or other condition pertaining to the perform- 
 ing of its service or to the furnishing of its product or commodity, 
 by any public utility, and to prescribe reasonable regulation for ex- 
 amining, measuring and testing such service, product or commodity, 
 and to establish reasonable rules, regulations, specifications and 
 standards to secure the accuracy of all meters and appliances for 
 examining, measuring, or testing such service, product or commodity. 
 The commission may purchase such materials, apparatus and stand- 
 ard measuring instruments as it deems necessary to carry out the 
 provisions of this section. 
 
 The commission shall provide for the inspection of the manner in 
 which every public utility conforms to the reasonable regulations 
 prescribed by the commission for examining, measuring and testing 
 its service, product or commodity, and the commission may supple- 
 
226 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ment such inspections by examining, measuring and testing the serv- 
 ice, product or commodity of any public utility. Any consumer or 
 user may have tested any appliance for examining, measuring or 
 testing any such service, product or commodity upon payment of 
 the fees fixed by the commission. The commission shall declare and 
 establish reasonable fees to be paid for examining and testing such 
 appliances on the request of consumers or users, the fee to be paid 
 by the consumer or user at the time of his request, but to be paid 
 by the public utility and repaid to the consumer or user if the 
 measuring appliance be found unreasonably defective or incorrect 
 to the disadvantage of the consumer or user. 
 
 The commission, its officers, agents, experts or inspectors and em- 
 ployees shall have power to enter upon any premises occupied by any 
 public utility for the purpose of making the examinations and tests 
 provided in this act, and to set up and use on such premises, any 
 apparatus and appliances and occupy reasonable space therefor. 
 
 Sec. 55. Reading of meters. — The commission shall require that every 
 public utility furnishing natural or artificial gas, electricity or 
 water to the public, Avhere the individual consumption is measured 
 by meter, shall, upon written request of any consumer, cause the 
 meter reader at the time of reading such consumer's meter to leave 
 at such meter a card showing the present reading of the meter, 
 the last previous reading, and the dates of such two readings. 
 
 Smith's Rev. Stats., 1921, ch. 56%, p. 998. 
 
 Sec. 56 (al915). Concentrated commercial feeding stuffs, net weight to 
 be marked. — Every lot or parcel of concentrated commercial feeding 
 stuffs, as defined in section 2 of this act, used for feeding livestock 
 or poultry, sold or offered or exposed for sale within this State, 
 shall have affixed thereto, in a conspicuous place on the outside 
 thereof, a plainly printed statement in the English language clearly 
 and truly certifying — 
 
 (a) The net weight of the contents of the package, lot or parcel ; 
 
 (b) The name, brand or trade-mark; 
 
 (c) The name and principal address of the manufacturer, or 
 the person or persons responsible for placing the commodity on 
 the market; * * * 
 
 Smith's Rev. Stats., 1921, ch. 5, p. 27. 
 
 Sec. 47 (1885). Fertilizer, net weight to be marked. — That any per- 
 son or company who shall offer, sell or expose for sale in this State, 
 any commercial fertilizer, the price of which exceeds five dollars 
 a ton, shall affix to every package, in a conspicuous place on the 
 outside thereof, a plainly printed certificate, stating the number 
 of net pounds in the packages sold or offered for sale, * * * 
 
 Smith's Rev. Stats., 1921 ch. 56y 2 , p. 998. 
 
 Sec. 20 (al9 11). Instruments for measuring milk and cream stand- 
 ards. — The State standard milk measure or pipettes shall have for 
 milk a capacity of seventeen and six-tenths cubic centimeters, and 
 the State standard test tube or bottles for milk shall have a capacity 
 of two cubic centimeters at a temperature of sixty degrees Fahren- 
 heit between " zero " and ten on the graduated scale marked on the 
 necks thereof. For cream nine or eighteen grams shall be used, 
 
ILLINOIS 227 
 
 and the standard test tubes or bottles for cream shall have a capacity 
 of three or six cubic centimeters respectively at a temperature of 
 sixty degrees Fahrenheit between " zero " and thirty on the gradu- 
 ated scale marked on the necks thereof, and it is hereby made a mis- 
 demeanor to use any other measure, pipette, test tube or bottle to 
 determine the per cent of butter fat where milk or cream is pur- 
 chased by, or furnished to creameries or cheese factories, and where 
 the value of said milk is determined by the per cent of butter fat 
 contained in the same. Any manufacturer, merchant, dealer, or 
 agent in this State who shall offer for sale or sell a cream or milk 
 pipette or measure, test tube or bottle which is not correctly marked 
 or graduated as herein provided, shall be guilty of a misdemeanor 
 and upon conviction thereof shall be punished as provided in this 
 act. 
 
 Sec. 21. License for using milk tester. — No person shall operate a 
 milk or cream testing apparatus to determine the percentage of 
 butter fat in milk or cream for the purpose of purchasing the same 
 either for himself or for another without first securing a license 
 from the dairy and food commissioners of this State, authorizing 
 such person to operate such tester. Any person desiring to secure 
 such license shall make application therefor on a blank to be pre- 
 pared and provided by the dairy and food commissioner, and such 
 applicant, before being issued such license, shall pass a satisfactory 
 examination in person and prove by actual demonstration that he 
 is competent and qualified to properly use such tester and make an 
 accurate test with the same. 
 
 Such license shall be issued for a period of two (2) years from 
 and after the date of its issuance and a fee of one ($1.00) dollar shall 
 be paid for such license by the licensee upon the issuance thereof. 
 The dairy and food commissioner for just cause shall have authority 
 to revoke any license issued under the provisions of this act. 
 
 The fees collected under the provisions of this section shall be 
 paid into the State treasury monthly by the dairy and food com- 
 missioner. 
 
 Sec. 22 (al917). Testing milk and cream by department of agricul- 
 ture. — A buyer of milk or cream buying of the producer on a butter- 
 fat basis, shall, in the presence of the producer or his agent, after 
 having been petitioned in writing by one or more of its patrons so 
 to do, take a fair sample of the producer's milk, of not less than two 
 (2) ounces, and immediately deliver the same to the producer or 
 his agent in a sealed receptacle to be furnished by the department 
 of agriculture suitable for mailing or expressing. The receptacle 
 shall be plainly marked with the producer's factory number and 
 the name of the producer, and may be mailed or expressed by the 
 producer or his agent to the department of agriculture for test. 
 
 The departmend [department] of agriculture shall receive and 
 make prompt analysis of all such samples of milk or cream, wash 
 and sterilize the containers, and return to the plant or person from 
 whom received, the producer to pay the transportation charges. 
 
 The department of agriculture shall, not later than the fifth day 
 of each month, mail to the buyer a tabulated sheet, showing the 
 result of each individual producer's test, for the preceding month, 
 the average of which shall be the basis of settlement between the 
 buyer and individual producer. 
 
228 LAWS CONCERNING "WEIGHTS AND MEASURES 
 
 The department of agriculture shall, not later than the eighth 
 day of each month, mail to the individual producer at his post office 
 address, the result of each of his tests for the preceding month. 
 
 Samples of milk or cream, for the purpose of this act, shall be 
 taken out not less than two (2), or more than four (4) times during 
 each monthly period at the option of the buyer. 
 
 It shall be unlawful for the owner, manager, agent or any em- 
 ployee of a creamery or cheese factory, to manipulate, underread 
 or overread the Babcock test, or any other contrivance used for 
 determining the quality or value of milk or cream, or to falsify 
 the record thereof, or to pay for such milk or cream on the basis of 
 any measurement except the true measurement as thereby 
 determined. 
 
 Smith's Rev. Stats., 1921, ch. 92, p. 1260. 
 
 Sec. 6 (1872). Duty of miller; toll. — The owner or occupier of every 
 public grist mill within this State shall grind the grain brought to 
 his mill as well as the nature and condition of his mill will permit, 
 and in due turn as the same shall be brought, and may take for the 
 toll, if a water mill or steam mill, for grinding and bolting wheat, 
 rye, or other grain, one-eighth part ; for grinding Indian corn, oats, 
 barley and buckwheat, or other grain not required to be bolted, one- 
 seventh part; for grinding malt, and chopping all kinds of grain, 
 one-eighth part. 
 
 Sec 7. Miller to keep measures and toll dishes or scales. — It shall be the 
 duty of each and every owner and occupier of every public mill, to 
 give due and punctual attendance, when his mill shall not be out of 
 repair, and to aid and assist in loading and unloading all grain 
 which shall be brought to him to be ground. And he shall keep in 
 his mill an accurate half -bushel measure, and an accurate set of toll 
 dishes or scales for weighing the grain.- And for a failure to per- 
 form any of the duties required by this act every occupier of a 
 public mill shall forfeit and pay the sum of five dollars to the use 
 of any person who shall sue for the same. 
 
 Smith's Rev, Stats,, 1921, ch. 93, p. 1262, 
 
 Sec. 5, as amended by laws, 1925, H. B. 478, p. 488. Sealer of weights ; 
 test weights. — (j) State inspectors [of mines] are hereby made ex 
 officio sealer of weights and measures in their respective district, and 
 as such are empowered to test all scales used to weigh coal at coal 
 mines. Upon the written request of any mine owner or operator, or 
 of ten coal miners employed at any one mine, it shall be the duty of 
 the inspector to test any scale or scales at such mine against which 
 complaint is directed, and if he shall find that they or any of them 
 do not weigh correctly, he shall call the attention of the mine owner 
 or operator to the fact, and direct that said scale or scales be at once 
 overhauled and readjusted so as to indicate only true and exact 
 weights, and he shall forbid the further operation of such mine 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 complete set 
 
ILLINOIS 229 
 
 of standard weights suitable for testing the accuracy of tract [track] 
 scales and of all smaller scales at mines, said test weights to be paid 
 for on bills of particulars, certified by the secretary of state and ap- 
 proved by the governor. Such test weights shall remain in the cus- 
 tody of the inspector for use at any point within his district, and for 
 any amounts expended by him for the storage, transportation or 
 handling of the same, he shall be fully reimbursed upon making 
 entry of the proper items in his expense voucher. 
 
 Sec. 26 (al919). Operator to provide scales; weighman; check weigh- 
 man. — (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 inter- 
 ested in the product of said mine. The operator shall provide at 
 such mine not less than one thousand (1,000) pounds of Uniter 
 [United] States standard weights. 
 
 (b) The person authorized to weigh the coal and keep the record 
 as aforesaid shall be a citizen of the United States, and shall, before 
 entering upon his duties, make and subscribe to an oath before some 
 persons duly authorized to administer oaths, that he will accurately 
 weigh and carefully keep a true record of all coal weighed, and such 
 affidavit shall be kept conspicuously posted at the place of weighing. 
 
 (c) The miners at work in any coal mine may employ a check 
 weighman at their option and at their own expense, whose duty it 
 shall be to balance the scales and see that the coal is properly 
 weighed, and that a correct account of the same is kept, and for this 
 purpose he shall have access at all times to the beam box of said 
 scales, and be afforded every facility for verifying the weights while 
 the weighing is being done. The check weighman so employed by 
 the miners shall be a citizen of the United States, and, before enter- 
 ing upon his duties, shall make and subscribe to an oath before some 
 person duly authorized to administer oaths, that he will faithfully 
 discharge his duties as check weighman, and such oath shall be kept 
 conspicuously posted at the place of weighing. 
 
 
INDIANA 
 
 Acts 1925, ch. 86, p. 247. 
 
 Sec. 1. Standard weights and measures. — That the standard weights 
 and measures furnished by the Government of the United States in 
 accordance with the joint resolution of Congress, approved June 14, 
 
 .*> 1836, and any additions thereto and renewals thereof certified to 
 by the United States Bureau of Standards, and such weights, meas- 
 ures, balances and apparatus as may be added by the State com- 
 missioner 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. 
 
 Sec. 2. Commissioner of weights and measures; duties; regulations and 
 tolerances. — The State food and drug commissioner shall be the State 
 commissioner of weights and measures. The State commissioner of 
 weights and measures shall take charge of the standards adopted 
 by this act as the standards of the State; cause them to be kept in 
 a fireproof building belonging to the State, from which they shall not 
 be removed except for repairs or for certification, and take all other 
 necessary precautions for their safe keeping. He shall maintain 
 the State standards in good order and shall submit them once in ten 
 years to the National Bureau of Standards for certification. He, 
 or his deputies or inspectors by his direction, shall correct the stand- 
 ards of the several cities and counties, and as often as once in two 
 
 ■ years compare the same with those in his possession, and where not 
 otherwise provided by law he shall have the general supervision 
 of the weights, measures and measuring and weighing devices of 
 the State, and in use in the State. The State commissioner of 
 weights and measures is also authorized to adopt rules, specifications 
 and tolerances necessary for the enforcement of the provisions of 
 this act, and the violation of such rules, specifications and tolerances 
 shall be punished, upon conviction, as set forth in section 15 of this 
 act. He, or his deputies shall, upon the written request of any citi- 
 zen, firm, corporation or institution of the State, test or calibrate 
 weights, measures, weighing or measuring devices and instruments 
 or apparatus used as standards in this State. He, or his deputies or 
 inspectors by his direction, shall at least once annually test all scales 
 weights and measures and devices used in checking the receipt or 
 disbursement of supplies in every institution under the jurisdiction 
 of the State board of charities and he shall report in writing his 
 findings to the executive officer of the institution concerned. The 
 State commissioner of weights and measures shall keep a complete 
 record of the standards, balances and other apparatus belonging to 
 the State and take a receipt for the same from his successor in office; 
 he shall, annually, on or before the first day of December, make to 
 the governor a report of the work done by his office; he, or his dep- 
 uties or inspectors at his direction, shall at least once in two years 
 230 
 
INDIANA 231 
 
 visit the various cities and counties of the State which have ap- 
 pointed sealers of weights and measures in order to inspect the work 
 of the local sealers, and in the performance of such duties he may 
 inspect the weights, measures, balances or any other weighing or 
 measuring appliances of any person, firm or corporation. The State 
 commissioner of weights and measures shall issue from time to time 
 regulations for the guidance of State, county and city sealers or in- 
 spectors and the said regulations shall govern the procedure to be 
 followed by the aforesaid officers in the discharge of their duties. 
 
 Sec. 3. County inspector of weights and measures; appointment, re- 
 moval, compensation; district inspectors. — The board of commissioners 
 of every county of thirty thousand population or more shall, and 
 the board of commissioners of any county of less than thirty thou : 
 sand population may appoint a county inspector of weights and 
 measures. No person shall be appointed as a county inspector of 
 weights and measures in any county unless such person shall have 
 been approved by the State commissioner of weights and measures, 
 and no county inspector of weights and measures in any county 
 shall be removed by the board of commissioners without the ap- 
 proval and consent of the State commissioner of weights and meas- 
 ures. The compensation of a county inspector of weights and 
 measures in counties of thirty thousand population or more shall 
 be not less than twelve hundred dollars ($1,200) per year, and 
 in counties having a population of less than thirty thousand, the 
 compensation of the county inspector of weights and measures shall 
 be not to exceed five dollars per day, to be determined by the 
 board and to be paid out of the county treasury : Provided, however, 
 That is shall not be obligatory upon the board of county commis- 
 sioners of such counties containing a city or cities of the first, 
 second or third class which are already provided with an inspector 
 of weights and measures or city sealers, to make such appoint- 
 ments. The board shall provide the necessary apparatus and sup- 
 plies for the said inspector of weights and measures and the county 
 councils of such counties shall appropriate such sums of money 
 as are necessary for the salary and maintenance of the office. Two 
 or more adjoining counties, by appropriate action of the boards 
 of commissioners of such counties, may form an inspection dis- 
 trict, and provide by mutual agreement, for the appointment of 
 a district inspector of weights and measures. The compensation 
 of such inspector shall not exceed .five dollars per day and expenses, 
 and the salary and expenses so paid and incurred shall be appor- 
 tioned among the counties forming the district in proportion to the 
 population thereof. 
 
 Sec. 4. City inspector of weights and measures ; appointment, removal, 
 and compensation. — The common council of every city of the first, sec- 
 ond and third class shall provide for the appointment by the 
 commissioners of the public safety, commonly known as the board 
 of public safety, of an inspector of weights and measures and 
 provide for his compensation and for the necessary apparatus and 
 expenses to be paid out of the city treasury. The said inspector 
 of weights and measures shall serve continuously during good be- 
 havior under the provisions of section 160 of an act concerning 
 municipal corporations, approved March 6, 1905, governing the fire 
 and police force, and said inspector of weights and measures shall 
 
232 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 not be removed for any political reason and only for good and 
 sufficient cause after an opportunity for hearing is given by the 
 said commissioner of public safety: Provided, however, That" such 
 provision shall not affect the power of the State commissioner of 
 weights and measures to discharge county or city inspectors of 
 weights and measures as set forth in section 6 of this act. No 
 person shall be appointed as a city inspector of weights and meas- 
 ures in any city unless such person shall have been approved by 
 the State commissioner of weights and measures and no such city 
 inspector of weights and measures shall be removed without the 
 approval and consent of the State commissioner of weights and 
 measures. If deemed desirable or advantageous, the same person 
 may be employed as a city and county inspector of weights and 
 measures, and if the same person be so employed the compensa- 
 tion and expenses of such inspector shall be divided between the 
 city and the county, as agreed upon. The compensation of such 
 an inspector of weights and measures shall not be less than fifteen 
 hundred dollars ($1,500) per annum in the case of cities of the 
 first class, and not less than twelve hundred dollars ($1,200) per 
 annum in case of cities of the second and third class. 
 
 Sec. 5. Inspectors; duties; bond. — The county or city inspector of 
 weights and measures when appointed shall be a deputy inspector 
 under the direction of the State commissioner of weights and meas- 
 ures. He shall take charge of and safely keep the county or. city 
 standards. When not otherwise provided by law, the county or 
 city inspector of weights and measures shall have the power within 
 his county or city to inspect, test, try and ascertain if they are 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 county or city by any pro- 
 prietor, agent, lessee or employee in determining the size, quantity, 
 extent or measurement of quantities, things, produce, articles for 
 distribution or consumption offered or submitted by such person 
 or persons for sale, for hire or award. He shall at least once in 
 each year and as much oftener as he may deem necessary see that 
 the weights, measures and all apparatus used in the county or city 
 are correct. The county or city inspector of weights and measures 
 shall keep a complete record of the work done by him and shall 
 make a monthly and annual report to the State commissioner and 
 his board of county commissioners or to the mayor; the annual 
 report shall be duly sworn and submitted to the State commis- 
 sioner of weights and measures, not later than the fifteenth of Octo- 
 ber. The county or city inspector of weights and measures shall 
 forthwith on his appointment give a bond with sureties to be ap- 
 proved by the appointing power for the faithful performance of 
 the duties of his office for the safety of the local standards and such 
 appliances for verification as are committed to his charge and for 
 the surrender thereof immediately to his successor in office or to 
 the person appointed by the proper authority to receive them. The 
 county inspector of weights and measures shall have jurisdiction 
 over the whole county except as to incorporated cities which have 
 provided for a city inspector of weights and measures under the 
 
INDIANA 233 
 
 provisions of this act. This act shall apply to the sealers or in- 
 spectors of weights and measures heretofore appointed under any 
 State law or city ordinance, and such sealer or inspector shall be 
 continued in office as inspector of weights and measures under the 
 provisions of this act for the respective county, counties, city or 
 cities. 
 
 Sec. 6. Inspectors ; qualifications ; removal ; appeal. — Only those per- 
 sons shall be eligible to appointment to the position of county or 
 city inspectors of weights and measures who at the time of the pas- 
 sage of this act are county or city sealers or inspectors of weights 
 and measures or who have passed an examination which shall be 
 given by the State commissioner of weights and measures to test 
 the ability of the person so examined to perform satisfactorily the 
 duties of a county or city inspector of weights and measures. If 
 it is evident to the State commissioner of weights and measures 
 that any county or city inspector of weights and measures is not 
 properly and faithfully performing the duties of his office, the State 
 commissioner of weights and measures shall have power to discharge 
 such county or city inspector of weights and measures. Such re- 
 moval, however, shall not be made until five days' notice of the 
 charge or charges shall have been mailed to him by said commis- 
 sioner, naming a time and place for a hearing, not less than two 
 weeks later than the time of mailing such notice to said county or 
 city inspector of weights and measures: Provided, however, That 
 any county or city inspector of weights and measures so removed 
 by the State commissioner of weights and measures, shall have the 
 right to appeal from the action of said commissioner to the circuit 
 or superior court of the county in which such county or city inspec- 
 tor of weights and measures resides, and during the pendency of 
 such appeal, such county or city inspector of weights and measures 
 may serve in his official capacity. Any county or city inspector of 
 weights and measures discharged as herein provided, shall be in- 
 eligible to hold the position of county or city inspector of weights 
 and measures for four years, and the vacancy shall be filled by the 
 proper authorities, as provided in this act. 
 
 Sec. 7. Scales and measures. — Whenever the inspector of the city or 
 county or the State commissioner or his deputies or inspectors tests 
 and compares scales, weights, measures or weighing or measuring de- 
 vices and finds that they correspond with the standards in his posses- 
 sion he shall seal and mark such scales, weights, measures or weigh- 
 ing and measuring devices by stamping upon them the letters " Ind. 
 S.," meaning Indiana standard, and the last two figures of the year 
 in which the same is done ; if any scales, weights, measures, or weigh- 
 ing or measuring devices, or parts thereof, be found not to conform 
 to the legal standard the same may be tagged by the inspector " con- 
 demned until repaired " which ta£- shall not be removed until said 
 apparatus is properly repaired; if said scales, weights, measures, or 
 weighing or measuring devices, or parts thereof are found to be false 
 and fraudulent, or cannot be made to conform to the legal standard, 
 the same shall be condemned and confiscated by said inspector. 
 
 Sec. 8. Police powers; seizure of scales and measures. — The commis- 
 sioner of weights and measures, his deputies and inspectors, and the 
 county and city inspectors of weights and measures, are hereby made 
 
234 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 special policemen and are authorized and empowered to arrest with- 
 out formal warrant for any violation of the statutes in relation to 
 scales, weights and measures, and to seize and use for evidence and 
 without formal warrant any false weight, scales, measure, or weigh- 
 ing 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. 
 
 Sec. 9. Right of entry ; penalties. — The State commissioner of 
 weights and measures, his agents, deputies or inspectors, and the 
 county and city inspectors of weights and measures may for the 
 purpose of enforcing this act, and in the general performance of 
 their official duties, enter or go into or upon without formal warrant, 
 any stand, place, building or premises, or may stop any vender, ped- 
 dler, junk dealer, coal wagon, ice wagon, or any dealer whatsoever, 
 for the purpose of making the proper test and for the purpose 
 of ascertaining the proper weights and measures of all commodities 
 found therein or thereon. Whenever the State commissioner of 
 weights and measures, his agents, deputies or inspectors, or the 
 county and city inspectors of weights and measures find a violation 
 of the statutes relating to weights and measures, he shall cause the 
 violator to be prosecuted. 
 
 Any person who shall molest, hinder or obstruct in any way the 
 State commissioner of weights and measures, his agents, deputies or 
 inspectors, or any county or city inspector of weights and measures 
 in the performance of his official duties hereunder, shall be guilty of 
 a misdemeanor, and shall be punished upon conviction thereof in any 
 court of competent jurisdiction by a fine of not less than ten dollars 
 ($10) nor more than two hundred dollars ($200) to which may be 
 added imprisonment in the county jail for not more than ninety days. 
 
 Sec. 10. Commodities; standard weight and measure. — All commodi- 
 ties shall be sold by standard weight or measure except as otherwise 
 provided in this act : Provided, however, That the provisions of this 
 section shall not apply to commodities which are usually and cus- 
 tomarily sold by numerical count, or in gross, or are sold in pack- 
 ages prepared and put up for sale : Provided, That all commodities 
 packed in such packages shall be so marked as to plainly indicate the 
 net contents in terms of weight, measure or numerical count: Pro- 
 vided, also, That two thousand pounds net avoirdupois shall con- 
 stitute a ton. 
 
 Sec. 11. False scales and measuring devices. — No person, firm or cor- 
 poration shall use or retain in his possession any false scales, weights, 
 or measures or measuring device or any weight or measure or weigh- 
 ing or measuring device in the buying or selling of any commodity 
 or thing or in calculating or measuring service, or dispose of any 
 condemned scales, weights, measure or weighing or measuring de- 
 vice, except in accordance with such rules, specifications and toler- 
 ances as may be adopted by the State commissioner of weights and 
 measures, as provided in section 2 of this act, or remove any tag, 
 stamp or mark placed thereon by the inspector ; and no person, firm 
 or corporation shall sell or offer or expose for safe or deliver less than 
 the quantity he represent ; or sell, offer for sale or have in his posses- 
 sion for the purpose of selling any false scales, weight or measure or 
 any device or instrument to be used or calculated to falsify any 
 weight or measure. 
 
INDIANA 235 
 
 Sec. 12. Sale by weight or numerical count; standard containers. — All 
 commodities shall be offered for sale or sold upon the basis of avoir- 
 dupois net weight or by numerical count only, and it shall be unlaw- 
 ful for anyone to use or employ any dry capacity measure, basket, 
 barrel or container of any kind as a means of determining the 
 amounts or quantities of any commodities offered for sale, or sold : 
 Provided, however, That the provisions of this act shall not be 
 construed to apply to fruits and vegetables sold in the original 
 standard container, nor to vegetables which by common custom are 
 offered for sale, or sold by the bunch ; nor shall the provisions of this 
 act be construed to apply to fresh berries and to other small fruits 
 which are customarily offered for sale, and sold by the box, basket 
 or other receptacle, except, however, when such fresh berries or such 
 other small fruits are offered for sale, or sold in bulk, in which case 
 the provisions of this act shall apply to the extent that such fresh 
 berries and such other small fruits shall be offered for sale, and sold 
 by avoirdupois net weight only: Provided, further, however, That 
 all fresh berries and such other small fruits when offered for sale or 
 sold shall be so offered or sold in boxes, baskets or receptacles of 
 uniform size to hold one quart or one pint dry measure only, which 
 said boxes, baskets or other receptacles shall be uniformly and evenly 
 tilled throughout. 
 
 The term "' commodities " as used in this section shall be construed 
 to mean commodities or articles other than liquids, which are capa- 
 ble of being measured by dry capacity measure. 
 
 The term " original standard container " as used in this section 
 shall be construed to mean and include only barrels, boxes, baskets, 
 hampers, or similar containers the dimensions or capacity of which 
 is established by law of this State or by act of Congress, the contents 
 of which have not been removed o* repacked, and upon which is 
 plainly and conspicuously marked the net quantity of contents 
 thereof in terms of weight, measure or numerical count. 
 
 Sec. 13. Weighmasters ; appointment and duties. — The State commis- 
 sioner of weights and measures upon application of any county, 
 city, town, corporation, individual, firm, association or institution 
 may designate one or more employees or some other suitable person 
 or persons, to act as weighmaster for such county, city, town, cor- 
 poration, individual, firm, association or institution. Such weigh- 
 master shall be appointed for a specified term and shall, before 
 entering upon his duties, make oath faithfully to execute his trust 
 as weighmaster. Said commissioner of weights and measures shall 
 issue and keep record of a certificate of appointment which shall 
 designate the location of said scale or scales or measuring devices 
 to be operated by said weighmaster. The rights and duties of 
 weighmasters shall be prescribed by said State commissioner and 
 such weighmasters shall not receive compensation from the State 
 for duties so performed. Any weighmaster who misrepresents the 
 quantity of commodities weighed or measured by him, or otherwise 
 misconducts himself in the execution of his duties of weighmaster 
 shall be guilty of a misdemeanor and upon conviction, shall be 
 punished as set forth in section 15 of this act and shall forfeit his 
 certificate as weighmaster. 
 
 Sec. 14. Definition of terms. — The word " person " as used in this 
 act shall be considered to include also firm, copartnerships, or cor- 
 
236 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 porations. The term " device " or " devices " as used in this act 
 shall be construed to include all weights, scales, beams, mechanical 
 devices or other instruments. The word " sell," " sale " or " buy " 
 as used in this act shall be construed to include barter and exchange. 
 
 Sec. 15. Penalties. — Except where a specific penalty is otherwise 
 provided, any person, firm, copartnership or corporation who shall 
 violate any of the provisions of this act shall be deemed guilty of a 
 misdemeanor and upon conviction thereof shall, for a first offense, 
 be fined in any sum not less than ten dollars ($10) and not more than 
 one hundred dollars ($100), to which may be added imprisonment 
 for a term of not to exceed three months, and for a second or other 
 subsequent offense shall be punished by a fine of not less than 
 twenty dollars ($20) and not more than five hundred dollars ($500), 
 to which may be added imprisonment for a term of not more than 
 six months. 
 
 Sec. 17. Constitutionality. — That if any clause, sentence, paragraph, 
 or part of this act shall for any reason be adjudged by any court 
 of competent jurisdiction to be invalid, such judgment shall not 
 affect, impair, or invalidate the remainder of this act, but shall be 
 confined in its operation to the clause, sentence, paragraph, or part 
 thereof directly involved in the controversy in which such judg- 
 ment has been rendered. 
 
 Burns' Ann. Stats., Suppl. 1921, ch. 133, p. 2257. 
 
 Sec. 10525k (1917). Articles to be sold by weight. — That all articles 
 hereinafter mentioned when sold shall be sold by avoirdupois 
 weight or numerical count, to wit: Apples, grapes, peaches, pears, 
 plums, quinces, cranberries, prunes, raisins, dates, figs, dried apples, 
 dried peaches, apricots, rice, beans, green beans, carrots, onions, 
 parsnips, potatoes, sweet potatoes, tomatoes, turnips, beets, peas, 
 green peas, cabbage, cauliflower, endive, lettuce, spinach, sauer- 
 kraut, barley, bran, buckwheat, corn in ear, shelled corn, corn meal, 
 flour, wheat, rye, oats, sweet corn in ear, shelled sweet corn, hominy, 
 dried sweet corn, popcorn in ear, shelled popcorn, bluegrass seed, 
 broom corn seed, canary seed, cotton seed, clover seed, timothy 
 seed, hemp seed, malt, millet, onion sets, orchard grass seed, rape 
 seed, red top seed, English walnuts, black walnuts, hickory nuts, 
 Brazil nuts, pecans, almonds, filberts, ice, coal, coke, lime, salt, 
 sugar, tea, coffee, bulk spices, cheese, butter, oleomargarine, lard, 
 fresh and salt meats, fish, game, fowls, chopped feed, candy and 
 other commodities usually and customarily sold by weight: Pro- 
 vided, That nothing in this section shall apply to seeds in sealed 
 packages : And further provided, That the provisions of this section 
 shall not apply to the sale of articles where both buyer and seller 
 in writing agree to other methods of sale : And provided further, 
 That nothing in this act shall be construed to apply to the original 
 producer of foodstuffs delivering from house to house direct from 
 the source of production, or delivering at the source of production. 
 
 Sec. 105251. Exceptions. — Fresh vegetables which are customarily 
 sold by the bunch, such as young onions, radishes, celery and 
 watercress; fresh berries, customarily sold by the box as hereinafter 
 provided, such as strawberries, raspberries, blackberries and cur- 
 rants, shall not be included in the provisions of this law. All fresh 
 berries, such as strawberries, raspberries and currants sold or offered 
 
INDIANA 237 
 
 for sale by any person, firm or corporation, shall be sold by avoir- 
 dupois net weight, or in uniform sized baskets, boxes or other recep- 
 tacles containing one quart, or one pint standard dry measure and 
 in no other way and the said receptacles shall be uniformly and 
 evenly filled throughout. 
 
 Sec. 10525m. Penalty. — That whoever by himself, his servant, or 
 agent, or as the servant or agent of another person sells or offers 
 for sale any article enumerated in this act in any other manner 
 than provided by this act shall be deemed guilty of a misdemeanor 
 and upon conviction thereof, shall for the first offense be punished 
 by a fine of not less than ten dollars ($10.00) nor more than thirty 
 dollars ($30.00) ; for the second offense, by a fine of not less than 
 twenty-five dollars ($25.00) nor more than one hundred ($100.00) ; 
 and for the third and subsequent offenses, by a fine of one hundred 
 dollars ($100.00) and imprisonment in the county jail for not less 
 than thirty (30) nor more than ninety (90) days. 
 
 Sec. 10525n. Exemptions from act. — Apples sold by the standard 
 United States apple barrel x of seven thousand fifty-six (7,056) 
 cubic inches, or by the standard apple box of the following dimen- 
 sions, to wit: Sixteen and one-half inches deep (16%), eleven and 
 one-half inches wide (11%) and eighteen inches long (18), inside 
 measurement; and cranberries sold by the United States standard 
 cranberries [cranberry] barrel shall be exempted from the provisions 
 of this act. 
 
 Sec. 10525o (1921). Use of false scales, weights, and measuring devices; 
 penalty. — Any person, firm or corporation engaged in the business of 
 buying grain, livestock, feed, junk, or other commodity, who shall 
 have in his or their possession for use in such business, or shall use, 
 any false scales, weights or measuring devices or weighing devices, 
 or any person, firm or corporation who by himself or themselves, 
 or by his agent or their agent, shall buy or offer to buy or accept 
 any livestock, grain, feed, junk or other commodity weighed or 
 measured by such false weighing or measuring device, or any grain, 
 livestock, feed, junk or other commodity which has been made 
 subject to any false representation or manipulation of its true weight 
 or measure, shall be guilty of a misdemeanor and upon conviction 
 in any court of competent jurisdiction shall be punished by a fine of 
 not less than ten dollars nor more than one hundred dollars, to which 
 may be added imprisonment in the county jail for not more than 
 three months, upon first conviction; and upon second or subsequent 
 conviction shall be punished by a fine of not less than twenty dollars 
 nor more than five hundred dollars to which may be added imprison- 
 ment in the county jail for not more than six months. 
 
 Sec. 10525p. Enforcement of act. — It shall be the duty of the State 
 commissioner of weights and measures, his deputies, State, city and 
 county sealers, and inspectors of weights and measures to enforce 
 the provisions of this act ; and said commissioner, his deputies, 
 State [,] city and county sealers and inspectors of weights and meas- 
 ures are hereby authorized to exercise all police powers already con- 
 ferred upon them by existing State laws pertaining to weights and 
 measures for the purpose of such enforcement. 
 
 Sec. 10525q. Act supplemental. — This act shall be construed to sup- 
 plement existing laws pertaining to and governing weights and 
 
 1 See p. 19. 
 
238 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 measures in the State of Indiana and shall not be construed as 
 repealing any such laws. 
 
 Burns' Ann. Stats., 1914, Vol. 4, ch. 133, p. 1106. 
 
 Sec. 10518 (1852). County board to procure standards. — Each board 
 of county commissioners shall procure a set of the following meas- 
 ures and weights : One measure of one foot, or twelve inches, English 
 measure, so-called ; also one measure of three feet, or thirty-six inches, 
 as aforesaid; also one half-bushel measure (which shall contain one 
 thousand and seventy-five and one-fifth solid inches), and one gallon 
 measure (which shall contain two hundred and thirty-one solid 
 inches), which measures are to be of wood or of any metal the court 
 may think proper ; also one set of weights commonly called avoirdu- 
 pois weights; which weights and measures shall be sealed with the 
 name or initial letters of the county, and shall be kept by the county 
 auditor, for the purpose of trying and sealing the weights and meas- 
 ures used in his county. 
 
 Sec. 10519. Notice; auditor's duty; sealing. — As soon as such board 
 of county commissioners shall have furnished the set of weights 
 and measures as aforesaid, it shall cause notice thereof to be given, 
 at the courthouse door, for one month; and any person desirous 
 of having his weights and measures tried by the county standard 
 shall apply to the county auditor of the county in which he shall 
 live, and if they correspond with the standard, the county auditor 
 shall seal them with the seal provided for that purpose. 2 
 
 Sec. 10522 (1885). Standard bushel to be a legal tender. — All the 
 different kinds of grain, seeds and articles specified in this act 3 shall 
 hereafter be given and taken at the several weights affixed to each 
 as a standard bushel, and as such shall be considered a legal tender to 
 fulfill any contract made for the delivery of either of the kinds of 
 grain, seeds or articles specified in this act. 
 
 * Sec. 10523 (1897). Wheat, how measured.— That it shall be unlawful 
 for any person, commission merchant, miller, dealer, grain inspector, 
 corporation, company, firm or association, either by himself, itself, 
 officer, agent or employe, when purchasing wheat or receiving it in 
 barter or exchange for flour or otherwise, from the owner, his agent 
 or employe, to use for the purpose of testing or determining the 
 weight, grade, milling or market value of wheat any measure other 
 than the standard half-bushel measure furnished this State by the 
 United States, and the use of any fractional part of said standard 
 half-bushel measure for such purpose will be a violation of this 
 section. 
 
 Sec. 10524. Manner of measuring. — It shall be unlawful to use any- 
 thing 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 in- 
 spected or graded by the car load under the regulations of any board 
 of trade. 
 
 Sec. 10525. Violation of act ; penalty.— Any person violating the pro- 
 visions of this act shall be guilty of a misdemeanor, and upon con- 
 
 8 Sees. 10520 and 10521 are the same as sec. 2609, which see. 
 3 See sec. 2609 for weights specified for grain. 
 
INDIANA 239 
 
 viction, shall be fined in any sum not more than one hundred dollars 
 nor less than ten dollars, to which can be added imprisonment in the 
 county jail for a period not exceeding six months, in the discretion 
 of the judge or jury trying the same. 
 
 Burns' Ann. Stats., Suppl. 1921, ch. 81, p. 1117. 
 
 Sec. 7637s (1919). Standard weight of loaf of bread. — Bread to be 
 sold by the loaf made by bakers engaged in the business of whole- 
 saling and retailing bread, shall be sold based upon any of the fol- 
 lowing standard weights and no other; namely, a loaf weighing 
 three-quarters of a pound, a loaf weighing one pound, a loaf weigh- 
 ing one and one-half pounds and loaves weighing two pounds, or 
 some other multiple of one pound. These shall be the standard 
 weights for bread to be sold by the loaf and such bread shall not 
 be sold of other weights. The State commissioner of weights and 
 measures shall adopt and establish by rules such reasonable toler- 
 ances or variations within which these weights of standard loaves 
 shall be kept: Provided, however, That such tolerances and varia- 
 tions shall not exceed one ounce per pound over and one ounce per 
 pound under the standard unit weight. Every loaf of bread made 
 or procured for the purpose of sale, sold or offered for sale shall 
 have affixed thereon in a conspicuous place a label upon which there 
 shall be printed in plain type the weight of the loaf, stated in pounds 
 or fractions of pounds, or both, as the case may be, together with 
 the business name of the baker or manufacturer of the loaf. In 
 the case of wrapped bread, such information shall be stated in a 
 plain position upon the wrapper of each loaf, and in the case of un- 
 wrapped bread shall be stated upon a label no larger than one by 
 one and one-half inches in size and not smaller than one inch by 
 three-quarters of an inch, and such label affixed to an unwrapped 
 loaf shall not be affixed in any manner or with any gums or pastes 
 which are unsanitary or unwholesome. It shall be the duty of the 
 commissioner of weights and measures, and of the sealers of weights 
 and measures of any city, town or county or any agent thereof re- 
 sponsible for the enforcement of weight and measure laws and ordi- 
 nances under regulations prescribed by the commissioner of weights 
 and measures to enforce the provisions of this section. 
 
 Sec. 7637t. Penalty for violation. — Any person, firm or corporation 
 who shall violate any of the provisions of this act shall be subject to 
 a fine of not less than ten dollars, nor more than one hundred dol- 
 lars, and each day's continuance of any practice, act or condition 
 prohibited herein shall constitute a separate offense within the mean- 
 ing of this act. 
 
 Sec. 7637u. No conflicting enactments. — Except as in this act pro- 
 vided, no city or town or any board or officer thereof shall have 
 power to exact or make any ordinance, law, resolution, rule or order, 
 affecting the matters covered by this act. 
 
 Burns' Ann. Stat., 1914, Vol. 4, ch. 109, p. 218. 
 
 Sec. 8655 (1905). General powers of council. — The common council 
 of every city shall have power to enact ordinances for the following 
 purposes : 
 
 517—26 10 
 
240 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Twenty-second: To regulate the selling, weighing and measuring 
 of hay, wood, coal, coke and all other articles sold by weight or 
 measure ; to require dealers to keep honest weights and measures and 
 to provide for inspection of such weights and measures. 
 
 laws, 1923, ch. 44, p. 143. 
 
 Sec. 1. Standard hampers for fruits and vegetables; specifications. — 
 That the standard hamper for fruits and vegetables shall be the one- 
 peck hamper, one-half bushel hamper, five-eighths bushel hamper, 
 one bushel hamper, and one and one-half bushel hamper, which re- 
 spectively, shall be of the capacity and conform to the specifications 
 set forth in this section. 
 
 (a) The standard one-peck hamper shall contain five hundred 
 and thirty-seven and six-tenths cubic inches, and conform to the 
 following specifications: The inside diameter between staves at the 
 upper edge of the top inside hoop shall be ten and three-eighths 
 inches; the inside diameter of the bottom shall be six and one-half 
 inches ; the inside length of the staves, shall be nine and five-eighths 
 inches; the inside hoop shall be one-tenth of an inch thick and set 
 with its upper edge even with the upper ends of the staves; each 
 stave shall be not less than one-tenth of an inch thick and ten and 
 one-eighth inches long ; and the bottom piece shall be one-half of an 
 inch thick. 
 
 (b) The standard one-half bushel hamper shall contain one thou- 
 sand and seventy-five and twenty-one hundredths cubic inches, 
 and conform to the following specifications : The inside diameter be- 
 tween staves at the upper edge of the top inside hoop shall be thir- 
 teen inches; the inside diameter of the bottom shall be eight and 
 one-half inches; the inside length of the staves shall be twelve 
 inches ; the inside top hoop shall be one-ninth of an inch thick and set 
 with its upper edge even with the upper ends of the staves; each 
 stave shall be not less than one-tenth of an inch thick and twelve 
 and five-eighths inches long; and the bottom piece shall be five- 
 eighths of an inch thick. 
 
 (c) The standard five-eighths bushel hamper shall contain one 
 thousand, three hundred forty-four cubic inches and conform to the 
 following specifications : The inside diameter between staves at the 
 upper edge of the top inside hoop shall be fourteen and one-fourth 
 inches; the inside diameter of the bottom shall be nine inches; the 
 inside length of the staves shall be twelve and seven-eighths inches; 
 the inside top hoop shall be one-eighth of an inch thick and set 
 with its upper edge even with the upper ends of the staves; each 
 stave shall be not less than one-ninth of an inch thick and thirteen 
 and one-half inches long; and the bottom piece shall be five-eighths 
 of an inch thick. 
 
 id) The standard one bushel hamper shall contain two thousand 
 one hundred and fifty and forty-two one-hundredths cubic inches, 
 and conform to the following specifications: The inside diameter 
 between staves at the upper edge of the top inside hoop shall be 
 fifteen and one-eighth inches ; the inside diameter of the bottom shall 
 be nine inches ; the inside length of the staves to the upper edge of 
 the top inside hoop shall be nineteen inches; the inside hoop shall 
 be one-eighth of an inch thick and set with its upper edge three- 
 
INDIANA 241 
 
 eighths of an inch below the upper ends of the staves; each stave 
 shall be not less than one-eighth of an inch thick and twenty inches 
 long; and the bottom piece shall be five-eighths of an inch thick. 
 
 (e) The standard one and one-half bushel hamper shall contain 
 three thousand two hundred and twenty-five and sixty-three one- 
 hundredths cubic inches, and conform to either of the following 
 specifications : 
 
 (1) The inside diameter between staves at the upper edge of 
 the top inside hoop shall be sixteen and one-fourth inches; the in- 
 side diameter of the bottom shall be nine inches ; the inside length of 
 the staves to the upper edge of the top inside hoop shall be twenty- 
 six inches; the inside top hoop shall be one-eighth of an inch thick 
 and set with its upper edge three-eighths of an inch below the 
 upper ends of the staves ; each stave shall be not less than one-sixth 
 of an inch thick and twenty-seven inches long, and the bottom piece 
 shall be five-eighths of an inch thick. 
 
 (2) The inside diameter between staves at the upper edge of 
 the top inside hoop shall be sixteen and three-fourths inches; the 
 inside diameter of the bottom shall be ten inches; the inside length 
 of the staves to the upper edge of the top inside hoop shall be 
 twenty-three inches; the inside top hoop shall be one-eighth of an 
 inch thick and set with its upper edge three-eighths of an inch 
 below the upper ends of the staves, each stave shall be not less 
 than one-eighth of an inch thick and twenty-four inches long; and 
 the bottom piece shall be five-eighths of an inch thick. 
 
 Sec. 2. Standard roand-stave baskets ; specifications. — That the stand- 
 ard round-stave basket for fruits and vegetables shall be the one- 
 fourth bushel basket, one-half bushel basket, five-eighths bushel 
 basket, one bushel basket, one and one-half bushel basket, and two- 
 bushel basket, which, respectively, shall be of the capacity and 
 conform to the specifications set forth in this section. 
 
 (a) The one-fourth bushel round-stave basket shall contain five 
 hundred thirty-seven and six-tenths cubic inches, and conform to 
 the following specifications: The inside diameter at the upper inner 
 edge of the top inside hoop shall be ten and seven-eighths inches; 
 the average inside depth shall be not less than six and three-fourths 
 inches; the web shall consist of twenty intersecting staves of such 
 length that they will conform the side and bottom of a basket which 
 shall contain eight quarts standard dry measure. 
 
 (b) The one-half bushel round-stave basket shall contain one 
 thousand and seventy-five and twenty-one one-hundredths cubic 
 inches, and conform to the following specifications : The inside 
 diameter at the upper inner edge of the top inside hoop shall be 
 thirteen and one-half inches; the average inside depth shall be not 
 less than eight and one-half inches; the web shall consist of twenty 
 intersecting staves, each not less than one-eighteenth of an inch 
 thick and of such length that they will form the sides and bottom 
 of a basket which shall contain sixteen quarts, standard dry measure. 
 
 (c) The five-eighths bushel round-stave basket shall contain one 
 thousand and three hundred and forty-four cubic inches, and con- 
 form to the following specifications: The inside diameter at the 
 upper inner edge of the top inside hoop shall be thirteen and one- 
 half inches; the average inside depth shall be not less than ten and 
 
242 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 one-fourth inches ; the web shall consist of twenty intersecting staves, 
 each not less than one-eighteenth of an inch thick and of such length 
 that they will form the sides and bottom of a basket which shall 
 contain twenty quarts, standard dry measure. 
 
 (d) The one-bushel round-stave basket shall contain two thou- 
 sand one hundred and fifty and forty-two one-hundredths cubic 
 inches, and conform to the following specifications: The inside 
 diameter at the upper inner edge of the top inside hoop shall be 
 seventeen inches; the average inside depth shall be not less than 
 ten and three-fourths inches; the web shall consist of twenty inter- 
 secting staves, each not less than one-eighteenth of an inch thick 
 and of such length that they will form the sides and bottom of a 
 basket which shall contain thirty-two quarts, standard dry measure. 
 
 (e) The one and one-half bushel round-stave basket shall contain 
 three thousand two hundred and twenty-five and sixty-three one- 
 hundredths cubic inches and conform to the following specifications : 
 The inside diameter at the upper inner edge of the top inside hoop 
 shall be nineteen and three-eighths inches ; the average inside depths 
 shall be not less than twelve and three-fourths inches ; the web shall 
 consist of twenty-four intersecting staves, each not less than one- 
 sixteenth of an inch thick and of such length that they will form 
 the sides and bottom of a basket which shall contain forty-eight 
 quarts, standard dry measure. 
 
 (/) The two-bushel round-stave basket shall contain four thou- 
 sand three hundred and eighty-four one-hundredths cubic inches 
 and conform to the following specifications: The inside diameter 
 at the upper inner edge of the top inside hoop shall be twenty-one 
 inches; the average inside depth shall be not less than fourteen 
 inches ; the web shall consist of twenty-four intersecting staves, each 
 not less than one-sixteenth of an inch thick and of such length that 
 they will form the sides and bottom of a basket which shall contain 
 sixty-four quarts, standard dry measure. 
 
 Sec. 3. Standard splint baskets ; specifications. — That the standard 
 splint basket for fruits and vegetables shall be the four-quart basket, 
 eight-quart basket, twelve-quart basket, sixteen-quart basket, and 
 twenty-four quart basket, standard dry measure. 
 
 (a) The four-quart splint basket shall contain two hundred and 
 sixty-eight and eight-tenths cubic inches and conform to the speci- 
 fications in one of the two following numbered subdivisions: 
 
 (1) The approximate inside dimensions of the top across the 
 center shall be seven inches by twelve inches. The approximate 
 inside dimensions of the bottom at the corners shall be five and three- 
 fourths inches by ten and one-half inches. The inside depth at the 
 corners shall be four inches. 
 
 (2) The inside dimensions of the square cornered splint basket 
 at the top shall be six inches by twelve inches. The inside dimen- 
 sions of the bottom shall be five and one-half inches by eleven and 
 one-half inches. The inside depth at the corners shall be four inches. 
 
 (b) The eight-quart splint basket shall contain five hundred and 
 thirty-seven and six-tenths cubic inches and conform to the speci- 
 fications in one of the three following numbered subdivisions : 
 
 (1) The approximate inside dimensions of the top across the 
 center shall be eight inches by fourteen inches. The approximate 
 
INDIANA 243 
 
 inside dimensions of the bottom at the corners shall be seven inches 
 by twelve inches. The inside depth at the corners shall be five inches. 
 
 (2) The approximate inside dimensions of the top across the 
 center shall be nine and one-half inches by sixteen and one half 
 inches. The approximate inside dimensions of the bottom at the 
 corners shall be seven and one-half inches by fourteen and one-half 
 inches. The inside depth at the corners shall be four inches. 
 
 (3) The inside dimensions of the square-cornered splint basket at 
 the top shall be seven and three-eighths inches by fifteen and one- 
 half inches. The inside dimensions of the bottom shall be seven 
 inches by fourteen and one-half inches. The inside depth at the 
 corners shall be five inches. 
 
 (<?) The twelve-quart splint basket shall contain eight hundred 
 and six and four-tenths cubic inches and conform to the specifica- 
 tions in one of the three following numbered subdivisions : 
 
 (1) The approximate inside dimensions of the top across the 
 center shall be nine and one-half inches by sixteen inches. The ap- 
 proximate inside dimensions of the bottom at the sorners shall be 
 eight and one-half inches by fourteen inches. The inside depth at 
 the corners shall be five and one-half inches. 
 
 (2) The approximate inside dimensions of the top across the 
 center shall be eleven and one-half inches by seventeen and one-half 
 inches. The approximate inside dimensions of the bottom at the cor- 
 ners shall be eight and one-half inches by fourteen and one-half 
 inches. The inside depth of the basket at the corners shall be five 
 inches. 
 
 (3) The inside dimensions of the square-cornered splint basket at 
 the top shall be eight and five-eighths inches by seventeen and one- 
 half inches. The inside dimensions of the bottom shall be eight 
 inches by sixteen and three-eighths inches. The inside depth at the 
 corners shall be five and three-fourths inches. 
 
 (d) The sixteen-quart splint basket shall contain one thousand 
 and seventy-five and twenty-one one-hundredths cubic inches, and 
 conform to the specifications in one of the three following numbered 
 subdivisions : 
 
 (1) The approximate inside dimensions of the top across the cen- 
 ter shall be fen and one-half inches by eighteen and one-half inches. 
 The approximate inside dimensions of the bottom at the corners shall 
 be eight and one-half inches by sixteen inches. The inside depth at 
 the corners shall be six and one-half inches. 
 
 (2) The approximate inside dimensions of the top across the 
 center shall be eleven and one-half inches by nineteen and one-half 
 inches. The approximate inside dimensions of the bottom at the cor- 
 ners shall be eight and one-half inches by sixteen and one-half inches. 
 The inside depth at the corners shall be six inches 
 
 (3) The inside dimensions of the square-cornered splint basket at 
 the top shall be nine inches by nineteen inches. The inside dimen- 
 sions of the bottom shall be eight and one-half by eighteen inches. 
 The inside depth at the corners shall be six and five-eighths inches. 
 
 (e) The twenty-four quart splint basket shall contain one thou- 
 sand six hundred and twelve and eighth-tenths cubic inches, and 
 conform to the specifications in one of the three following numbered 
 subdivisions : 
 
244 LAWS CONCEENING WEIGHTS AND MEASUEES 
 
 (1) The approximate inside dimensions of the top across the cen- 
 ter shall be twelve inches by twenty inches. The approximate inside 
 dimensions of the bottom at the corners shall be ten inches by sev- 
 enteen and one-half inches. The inside depth of the basket at the 
 corners shall be seven and on-half inches. 
 
 (2) The approximate inside dimensions of the top across the cen- 
 ter shall be twelve inches by twenty-three inches. The approximate 
 inside dimensions of the bottom at the corners shall be nine inches 
 by nineteen inches. The inside depth of the basket at the corners 
 shall be seven inches. 
 
 (3) The inside dimensions of the square-cornered splint basket 
 at the top shall be ten and five-eights inches by twenty-two and 
 one-fourth inches. The inside dimensions of the bottom shall be 
 nine and five-eighths inches by twenty and one-half inches. The 
 inside depth of the basket at the corners shall be seven and one-half 
 inches. 
 
 Sec. 4. Standard Climax baskets ; specifications. — That standards for 
 Climax baskets for grapes and other fruits and vegetables shall 
 be the two-quart basket, four-quart basket and twelve-quart basket 
 respectively : 
 
 (a) The standard two-quart Climax basket shall be of the fol- 
 lowing dimensions : Length of bottom piece, nine and one-half 
 inches; width of bottom piece, three and one-half inches; thick- 
 ness of bottom piece, three-eighths of an inch; height of basket, 
 three and seven-eighths inches, outside measurement; top of basket, 
 length eleven inches and width five inches outside measurement. 
 Basket to have a cover of five by eleven inches, when a cover is 
 used. 
 
 (&) The standard four-quart Climax basket shall be of the fol- 
 lowing dimensions : Length of bottom piece, twelve inches ; width 
 of bottom piece, four and one-half inches; thickness of bottom 
 piece, three-eighths of an inch; height of basket, four and eleven- 
 sixteenths inches outside measurement; top of basket, length four- 
 teen inches, width six and one-fourth inches, outside measurement. 
 Basket to have cover six and one-fourth inches by fourteen inches, 
 when cover is used. 
 
 (c) The standard twelve-quart Climax basket shall be of the 
 following dimensions: Lentgh of bottom piece, sixteen inches; 
 width of bottom piece, six and one-half inches ; thickness of bottom 
 piece, seven-sixteenths of an inch; height of basket, seven and one- 
 sixteenth inches, outside measurement; top of basket, length nine- 
 teen inches, width nine inches, outside measurement. Basket to 
 have cover nine inches by nineteen inches, when cover is used. 
 
 Sec. 5. Standard containers for small fruits ; capacities. — That stand- 
 ard basket or other container for berries and other small fruits 
 and vegetables shall be of the following capacities; namely, dry 
 one-half pint, dry pint, dry quart, or multiples of the dry quart. 
 
 (a) The dry half-pint shall contain sixteen and eight-tenths 
 cubic inches. 
 
 (&) The dry pint shall contain thirty- three and six-tenths cubic 
 inches. 
 
 (c) The dry quart shall contain sixty-seven and two-tenths cubic 
 inches. 
 
INDIANA 245 
 
 Provided, That the provisions of this section shall not be con- 
 strued to permit the manufacture, sale or use of hampers, round- 
 stave baskets, Climax baskets or splint baskets in any other mul- 
 tiples of a quart than those enumerated in sections 1, 2, 3, and 4 
 hereof. 
 
 Sec. 6. Food and drug commissioner to prescribe tolerances. — That the 
 State food and drug commissioner shall in his regulations under this 
 act prescribe such tolerances as he may find necessary to allow in the 
 capacities and specifications for hampers, round-stave baskets, 
 splint baskets, Climax baskets and baskets or other containers for 
 berries and other small fruits and vegetables, and parts thereof, set 
 forth in sections 1, 2, 3, 4 and 5 of this act, in order to provide for 
 reasonable variations occurring in the course of manufacture and 
 handling, and shall also prescribe such tolerances as he may find 
 necessary to allow for the purposes of section 8 of this act in the 
 quantities of fruits or vegetables in hampers, round-stave baskets, 
 splint baskets, Climax baskets and baskets and other containers for 
 berries and other small fruits and vegetables, in order to provide for 
 the natural shrinkage of such contents after packing. If a cover 
 be used upon any hamper or basket or other containers mentioned 
 in this act, it shall be securely fastened or attached in such a manner, 
 subject to the regulations of the State food and drug commissioner, as 
 not to reduce the capacity of such hamper, basket or other con- 
 tainer below that prescribed therefor. The provisions in sections 1, 
 2, 3, 4 and 5 of this act, covering specifications and dimensions, shall 
 apply only to hampers and baskets made of wood or of which wood 
 is the principal material; but hampers and baskets which are not 
 made of wood or of which wood is not the principal material, shall 
 not depart from the respective capacities therein prescribed. 
 
 All regulations and tolerances established by the State food and 
 drug commissioner shall be in conformity with those from time to 
 time promulgated by the United States Department of Agriculture. 
 
 Sec. 7. Authority to change specifications. — That in order to provide 
 for the more economical use of space in packing or transportation, 
 or for the greater conservation of material or labor in manufacture 
 or handling or of the contents in course of shipment, of hampers, 
 round-stave baskets, splint baskets and Climax baskets for fruits or 
 vegetables, or parts thereof, the State food and drug commissioner 
 whenever he finds it necessary, may, in his regulations, prescribe 
 specifications with respect to the material used, or the dimensions 
 thereof, for such hampers, round-stave baskets, splint baskets, Cli- 
 max baskets or baskets or other containers for berries or other small 
 fruits and vegetables or parts thereof in addition to, differing from, 
 or superseding those set forth in sections 1, 2, 3, 4 and 5 of this act, 
 but not departing from the respective capacities therein prescribed. 
 Such specifications shall not supersede any specifications set forth 
 in this act until a period of at least six months shall have elapsed 
 after public notice shall have been given following an opportunity 
 afforded the interested public for a hearing. 
 
 Sec. 8. Manufacture and use of containers contrary to this act; pen- 
 alty. — That it shall be unlawful to manufacture for sale or shipment, 
 sell, offer for sale, ship, offer for shipment in the State of Indiana, 
 hampers, round -stave baskets, Climax baskets, splint baskets for 
 
246 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 fruits or vegetables, or baskets or other containers for berries or 
 other small fruits and vegetables, either filled or unfilled, or parts 
 of such hampers, round-stave baskets, splint baskets, Climax bas- 
 kets or baskets or other containers for berries or other small fruits and 
 vegetables that do not comply with this act, and it shall be unlaw- 
 ful to sell, offer for sale, ship or offer for shipment fruits or vegetables, 
 not sold or offered for sale by standard net weight or by numerical 
 count, in hampers, round-stave baskets, splint baskets, Climax bas- 
 kets or baskets or other containers for berries or other small fruits 
 and vegetables that at the time of such sale or offer for sale, shipment 
 or offer for shipment are not filled to the full capacity thereof, 
 stricken measure, subject to such tolerances as may be prescribed -in 
 the regulations under this act. Any individual, partnership, asso- 
 ciation, or corporation that willfully violates this section shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine not exceeding one hundred dollars ($100) or 
 imprisonment not exceeding sixty days, or both : Provided, That no 
 person shall be prosecuted under the provisions of this act when he 
 can establish a guaranty signed by the manufacturer, wholesaler, 
 shipper, or other party residing within this State from whom 
 hampers, round-stave baskets, Climax baskets, splint baskets or other 
 baskets or containers, as defined in this act, were purchased to the 
 effect that said hampers, round-stave baskets, Climax baskets, splint 
 baskets or other baskets or containers are correct within the mean- 
 ing of this act. Said guaranty, to afford protection, shall contain 
 the name and address of the party or parties making the sale of 
 hampers, round-stave baskets, Climax baskets, splint baskets or other 
 baskets or containers to such person, and in such case such party or 
 parties making such sale shall be amenable to prosecution, fines, 
 and other penalties which would attach in due course to any person 
 under the provisions of this act. 
 
 See. 9. Containers not complying with this act may be confiscated. — 
 That any hamper, round-stave basket, Climax basket or splint basket 
 for fruits or vegetables, or other basket or container for berries or 
 other small fruits and vegetables, whether filled or unfilled, or parts 
 of such hampers, round-stave baskets, Climax baskets, splint baskets, 
 or other basket or container for berries or other small fruits and 
 vegetables, not complying with this act, which shall be manufac- 
 tured for sale or shipment, offered for sale, sold or shipped, may 
 be proceeded against in any court of competent jurisdiction of this 
 State and within the county where the same shall be found and may 
 be seized for confiscation by a process of libel for condemnation. 
 Upon request, the person entitled shall be permitted to retain or 
 take possession of the contents of such hampers, baskets or con- 
 tainers, but, in the absence of such request or when the perishable 
 nature of such contents makes such action immediately necessary, 
 the same shall be disposed of by destruction or sale as the court 
 or a judge thereof may direct. If such hampers, round-stave baskets, 
 splint baskets, Climax baskets or other basket or container for berries 
 or other small fruits and vegetables, or parts thereof be found in 
 such proceeding to be contrary to this act, the same shall be dis- 
 posed of by destruction, except that the court may by order direct 
 that such hampers, baskets or containers, or parts to be returned 
 
INDIANA 247 
 
 to the owner thereof, or sold, upon the payment of the costs of such 
 proceeding and the execution and delivery of a good and sufficient 
 bond to the effect that such hampers, baskets, or containers, or parts 
 thereof shall not be sold or otherwise disposed or used contrary to 
 law. The proceeds of any sale under this section, less legal costs 
 and charges, shall be paid over to the person entitled thereto. 
 
 Sec. 10. Shipment to other States. — That this act shall not prohibit 
 the manufacture for sale or shipment, offer for sale, sale or ship- 
 ment of hampers, round-stave baskets, splint baskets, Climax baskets, 
 or baskets or containers for berries or other small fruits and vege- 
 tables, or parts thereof to any other State or foreign country in ac- 
 cordance with the specifications of a consignee or customer not con- 
 trary to the law of such State or foreign country ; nor shall this act 
 prevent the manufacture or use of banana hampers of the shape 
 and character now in commercial use as shipping containers for 
 bananas. 
 
 Sec. 11. Duty of prosecuting attorney. — That it shall be the duty of 
 each prosecuting attorney to whom satisfactory evidence of any 
 violation of this act is presented to cause appropriate proceedings to 
 be commenced and prosecuted in the proper courts of the State of 
 Indiana in his circuit for the enforcement of the provisions of this 
 act. 
 
 Sec. 12. Duty of food and drug commissioner. — That it shall be the duty 
 of the State food and drug commissioner to enforce all the pro- 
 visions of this act and he shall prescribe such regulations as he may 
 find necessary for carrying into effect the provisions of this act, and 
 shall cause such examinations and tests to be made as may be neces- 
 sary in order to determine whether hampers, round-stave baskets, 
 and splint baskets, Climax baskets and baskets or containers for 
 berries or other small fruits and vegetables, or parts thereof, subject 
 to this act, meet its requirements. For said purpose the authorized 
 officers and agents of the food and drug department may visit fac- 
 tories, stock rooms, and other places of business where such hampers, 
 baskets, and containers, or parts thereof, are manufactured or held 
 for sale or shipment or offered for sale and may enter cars, vessels, 
 other vehicles, and places under the control of carriers engaged in 
 the transportation of such hampers, baskets, and containers, or parts 
 thereof, and may take samples of such hampers, baskets and boxes 
 or parts thereof or upon written request from the State food and 
 drug commissioner or his authorized agents any manufacturers, ship- 
 pers, carriers or holders of such hampers, baskets and containers or 
 parts thereof shall furnish samples of such hampers, baskets and 
 containers or parts thereof as are required for the purpose of inspec- 
 tion, as in this act provided. 
 
 Sec. 13. Cooperation with local authorities. — That for carrying out the 
 purpose of this act the food and drug commissioner is authorized to 
 cooperate with State, county, and municipal authorities, manufac- 
 turers, dealers and shippers. 
 
 Sec. 14. Application to containers made of wood. — That the provi- 
 sions of this act establishing dimensions and specifications for the 
 several baskets, hampers and containers named shall apply only to 
 baskets, hampers, and containers made of wood for fruits and vege- 
 tables, but the standard sizes established and the cubical contents 
 
248 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thereof shall apply to all baskets, hampers and other containers for 
 fruits and. vegetables of whatever material made. 
 
 Sec. 15. Construction of act. — That nothing in this act shall be con- 
 strued to permit of sales by standard hampers, baskets or containers 
 without regard to weight or numerical count now required by law to 
 be sold by weight or numerical count. 
 
 Burns' Ann. Stat., 1914, Vol. 1, ch. 5, p. 1115. 
 
 Sec. 2590d (1913). Advertisements; false statements; penalty. — That 
 if anjr person, firm, association or corporation or any employee 
 thereof, in a newspaper, circular, form letter or other publication 
 published, distributed or circulated in this State or on any billboard, 
 sign, card, label or other advertising medium displayed on, in or near 
 a street, electric car, show case, store or other place in this State, 
 knowingly makes or disseminates or causes to be made or dissemi- 
 nated any statement, or assertion of facts concerning the quantity, 
 the quality, * * * or concerning the manner or source of pur- 
 chase of such merchandise, or the possession of rewards, prizes or 
 distinctions conferred on account of such merchandise, which state- 
 ment or assertion has the appearance of an offer advantageous to 
 the purchaser and is untrue or calculated to mislead, the person or 
 corporation, or the member or members of a firm or association, 
 causing such statement or assertion to be made or disseminated, also 
 the employee making or disseminating such statement or assertion, 
 shall be guilty of a misdemeanor, and shall be liable to a fine of not 
 less than ten (10) nor more than five hundred dollars ($500) for each 
 offense. 
 
 Sec. 2806 (1905). Short weight. — Whoever knowingly sells or directs 
 or permits any person in his employ to sell any property, and makes 
 or gives any false or short weight or measure of such property, and 
 any person owning, or having charge of scales, measures or steel- 
 yards, for the purpose of weighing or measuring any property, who 
 knowingly reports any false or untrue weight or measure, whereby 
 any person may be defrauded or injured, shall, on conviction, be 
 fined not less than ten dollars nor more than one hundred dollars. 
 
 Sec. 2607. Selling coal by false weight. — Whoever knowingly sells 
 and delivers any coal except at the weight and measure prescribed by 
 law, shall, on conviction, be fined not less than five dollars nor more 
 than one hundred dollars. 
 
 Sec. 2608. Gas meters. — Whoever knowingly constructs, or uses or 
 furnishes to gas consumers to be used, any false meter provided 
 for measuring and registering the quantity of gas consumed by any 
 person under a contract with any gas company, shall, on conviction, 
 be fined not lees than ten dollars nor more than one hundred dollars. 
 
 Burns' Ann. Stats., Suppl. 1921, ch. 5, Art. 11, p. 258. 
 
 Sec. 2609 (al917). Weights and measures, standard. — The avoirdu- 
 pois weight of beef or pork in each barrel shall be two hundred 
 pounds; and of flour in each barrel, one hundred and ninety-six 
 pounds; of sorghum molasses, eleven pounds per gallon; of maple 
 molasses, eleven pound per gallon; of hay, straw, ice, coal or coke, 
 two thousand pounds shall be given and taken for a ton. 4 * * * 
 
 * So much of this section as relates to the sale of commodities by the bushel is super- 
 seded by Laws, 1925, ch. 86, p. 247. 
 
INDIANA . 249 
 
 Any person, firm or corporation who buys or sells any of the articles 
 or commodities enumerated in this section, at a measure or fraction 
 thereof differing in the Aveight from the standard herein prescribed 
 shall be guilty of a misdemeanor and shall, on conviction, for the 
 first offense, be punished by fine of not less than ten dollars nor 
 more than thirty dollars; for the second offense, by a fine of not 
 less than $25.00 nor more than $100.00, and for the third and sub- 
 sequent offense, by a fine of $100.00 and imprisonment in the country 
 jail for not less than thirty days nor more than ninety days. 
 
 Burns' Ann. Stats., 1914, Vol. 1, ch. 5, p. 1115. 
 
 Sec. 2610 (1905). Wheat; inspection; weight; grade. — It shall be 
 unlawful for any person, commission merchant, miller, dealer, grain 
 inspector, corporation, company, firm or association, either by him- 
 self, itself, officer, agent or employe, when purchasing wheat or re- 
 ceiving it in barter or exchange for flour or otherwise, from the 
 owner, his agent or employe, to use for the purpose of testing or 
 determining the weight, grade, milling or market value of wheat, 
 any measure other than the standard half-bushel measure furnished 
 this State by the United States; and the use of any fractional part 
 of said standard half -bushel measure for such purpose will be a vio- 
 lation of this section. It shall likewise be unlawful to use anything 
 other than a straight stick with the edges square for leveling the 
 wheat in said half-bushel measure, for the purpose of testing the 
 Aveight, grade, milling or market value of wheat: Provided, That 
 the provisions of this section shall not apply to wheat or grain that 
 is inspected or graded by the car load under the regulations of any 
 board of trade. Any person violating any of the provisions of this 
 section, shall, on conviction, be fined not less than ten dollars nor 
 more than one hundred dollars, to which may be added imprisonment 
 in the county jail not exceeding six months. 
 
 Burns' Ann. Stats., Suppl., 1921, ch. 5, Art. 11, p. 258. 
 
 Sec. 2813a (1915). Bags, paper; sale; fraudulent weight. — That any 
 person, firm, co-partnership or corporation engaged in the packing or 
 shipping of rags and paper stock for use in felt making and paper 
 mills, in bales, bundles, boxes or other containers, in this State, who 
 shall knowingly and wilfully pack or ship, or who, in the conduct of 
 such business shall knowingly and wilfully cause to be packed or 
 shipped with the rags in such bales, bundles, boxes or other contain- 
 ers any dead animals, stone, wood, metal, minerals, bone, glass, 
 leather, rubber or manufactured articles in which are used and at- 
 tached any of the foregoing substances, water or earth, shall be 
 guilty of a misdemeanor. 
 
 Sec. 2613b. Penalty. — Any person, firm, co-partnership or corpora- 
 tion guilty of violating any of the provisions of this act shall be 
 punished by a fine of not less than ten dollars ($10.00) for each 
 offense, or by imprisonment in the county jail for not more than two 
 (2) months, or by both such fine and imprisonment. 
 
 Burns' Ann. Stat., 1914, Vol. 1, ch. 5, p. 1115. 
 
 Sec. 2632 (al905). Short-weight packages. — Whoever packs, brands, 
 or sells, or causes to be packed, branded or sold, any salt, beef, pork, 
 flour, tobacco or hay, in barrels or packages, as full barrels or 
 
250 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 packages, when such barrels or packages do not contain the weight 
 which by law they are required to contain, shall, on conviction, be 
 fined not less than ten dollars nor more than one hundred dollars. 
 
 Sec. 2633. Altering inspector's marks ; penalty. — Whoever alters or 
 erases any brand or mark of any inspector, appointed by proper 
 authority, placed on any barrel of salt, flour, beef, pork, or hogs- 
 head 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. 
 
 Sec. 2713 (1901). Meters open for inspection. — That every person, 
 company or corporation now engaged or hereafter engaging in the 
 business of furnishing natural or artificial gas for heating, illumi- 
 nating or other purposes, to be used and paid for by patrons by 
 meter measure, shall furnish to each and every patron a meter 
 properly tested and in good order, and shall arrange such meters 
 so that the patron can, at any time, see the meter dial and ascertain 
 how much gas he is consuming, and how much he is liable to pay for. 
 
 Burns' Ann. Stats., 1914, Vol. 4, ch. 124A, p. 875. 
 
 Sec. 10052kl (1913). Accuracy of meters; rules. — The commission 
 | public service commission] shall establish reasonable rules, regula- 
 tions, specifications and standards to secure the accuracy of all 
 meters and appliances for measurements, and every public utility 
 is required to carry into effect all orders issued by the commission 
 relative thereto. Nothing contained in this section shall limit in 
 any manner any powers or authority vested in municipal corpora- 
 tions as provided in section 110 [section 10052g4]. 
 
 Sec. 10052 11. Testing of appliances. — The commission shall provide 
 for the examination and testing of any and all appliances used for 
 the measuring of any product or service of a public utility. Any 
 consumer or user may have any such appliance tested upon pay- 
 ment of the fees fixed by the commission. The commission shall 
 declare and establish reasonable fees to be paid for testing such 
 appliances on the request of the consumers or users, the fee to be 
 paid by the consumer or user at the time of his request, but to be 
 paid by the public utility and repaid to the consumer or user if 
 the appliance or rate be found unreasonably defective or incorrect, 
 to the disadvantage of the consumer or user. 
 
 Burns' Ann. Stats.. 1914, Vol. 2, ch. 22, p. 486. 
 
 Sec. 3920a (1913). Freight weights, determination of in case of 
 dispute. — That in all cases wherein there is a dispute or failure of 
 agreement between any common carrier and any consignor, con- 
 signee, or the assigns of either, concerning the actual weight of 
 any shipment over the line of such carrier, or over the line of 
 such carrier and any other carrier or carriers, or concerning the 
 means o [or] method used or to be used to determine such actual 
 weight, the same may be referred by any party to the Eailroad 
 Commission of Indiana, for settlement, and disposed of under the 
 ordinary rules governing notice and procedure by the commission 
 as in other cases, and the determination by the commission shall 
 be prima facie evidence of such actual weight in all courts and 
 proceedings in Indiana. 
 
INDIANA 251 
 
 Burns' Ann. Stats., Snppl., 1921, ch. 22, p. 419. 
 
 Sec. 3920i (1915). Watermelons, shipment and sale. — That it shall be 
 the duty of every person, or persons, firm or corporation loading 
 watermelons into cars for transportation, before loading such water- 
 melons to count and weigh the same, and upon such loading being 
 completed to make out and sign two statements of the weight of 
 such watermelons and the number thereof contained in said car. 
 One copy of such statement shall be securely attached to said car 
 and the other copy thereof shall be attached to the bill of lading 
 for said car, and delivered to the consignee or purchaser thereof 
 at his request. 
 
 Sec. 3920j. Statement of count and weight, — It shall be unlawful 
 for any person, persons, firm or corporation to ship, sell or offer 
 for sale any carload of watermelons without the statements set out 
 in the last section having been made out, and one copy thereof 
 being delivered to the purchaser or consignee of such watermelons, 
 if he shall request it. 
 
 Sec. 3920k. Penalty. — Any person, persons, firm or corporation who 
 shall fail to comply with any provisions of this act, or who shall 
 make out any false statement in reference to the contents of said 
 car or the weight thereof, shall be guilty of a misdemeanor, and 
 upon conviction shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars, to which may be added imprison- 
 ment in the county jail for not less than thirty (30) days nor more 
 than ninety (90) days. 
 
 Burns' Ann. Stats., 1914, Vol. 3, ch. 81, p. 764. 
 
 Sec. 7642 (1907). Net weight to be marked on packages containing 
 food. — That the term " misbranded," as used herein, shall apply to 
 all drugs, or articles of food, or articles which enter into the com- 
 position of food and drugs, the package or label of which shall bear 
 any statement, design or device regarding such article, or the ingre- 
 dients or substances contained therein which shall be false or mis- 
 leading in any particular, and to any food or drug product which is 
 falsely branded as to the State, Territory or country in which it is 
 manufactured or produced. For the purposes of this act an article 
 shall also be deemed to be misbranded : 
 
 ******* 
 
 In the case of food. * * * 
 
 3. If in the package form, and Jhe contents are stated in the terms 
 of weight or measure, they are not plainly and correctly stated on 
 the outside of the package. 
 
 Burns' Ann. Stats., 1914, Vol. 3, ch. 88, p. 948. 
 
 Sec. 7913 (1853). Brands on salt barrels. — An inspector of salt shall 
 brand on one end of the barrel the quality, whether first, second 
 or third rate, also the weight, specifying gross, tare and net. 
 
 Sec. 7914. Weight of flour; brand of qualities. — The weight of flour 
 in each barrel shall be one hundred and ninety-six pounds. It shall 
 be examined with a three-quarter-inch barrel auger, and shall be 
 marked of three qualities, the first to be branded " Superfine," the 
 second " Fine," and the third " Coarse." 
 
 Sec. 7915. Beef and pork. — The weight of beef or pork in each 
 barrel shall be two hundred pounds. According to the quality and 
 
252 LAWS CONCEKNING WEIGHTS AND MEASUKES 
 
 usages of trade, beef shall be branded " Mess beef " and " Prime 
 beef," and pork shall be branded " Mess pork," " Prime pork," and 
 " Cargo pork." 
 
 Sec. 7917. Hay. — The weight, in pounds, and the quality, deter- 
 mined according to the usages of trade, shall be branded on each 
 bale of hay. 
 
 Sec. 7918. County commissioners may purchase hay-scales. — Such 
 boards may authorize inspectors of hay to procure, at the expense 
 of the county, suitable hay-scales. 
 
 Burns' Ann. Stats., 1914, Vol. 3, ch. 63, p. 465. 
 
 Sec. 6866a (1913). Weights and samples of milk and cream; testing. — 
 That it shall be unlawful for any hauler of milk or cream or other 
 person, or creamery, or other milk plant or agent, receiving milk or 
 cream by weight or test or by weight and test, to fraudulently manip- 
 ulate the weights of milk or cream of any patron or to take unfair 
 samples thereof, or to fraudulently manipulate such samples. The 
 hauler shall weigh the milk or cream of each patron accurately and 
 correctly to the factory. He shall thoroughly mix the milk or 
 cream of each patron by pouring and stirring until such milk or 
 cream is uniform and homogenous in richness, before the sample is 
 taken from such milk or cream. When the weighing or sampling of 
 the milk or cream of each patron is done at the creamery, shipping 
 station or other factory, firm, corporation or individual buying and 
 paying for milk or cream on the basis of the butter fat contained 
 therein, the same rule shall apply. 
 
 Sec. 6866b. Glassware for testing milk and cream for butter fat. — 
 Every person, firm, company, association, corporation or agent 
 thereof buying and paying for milk or cream on the basis of the 
 amount of butter fat contained therein as determined by the Bab- 
 cock test shall use standard Babcock test bottles, pipettes and weights 
 and accurate scales, as defined in section 13 of this act, and all Bab- 
 cock test bottles, pipettes and weights shall have been inspected for 
 accuracy by the Purdue University agricultural experiment station, 
 or its deputy, and shall be legibly and indelibly marked by the said 
 Purdue University agricultural experiment station, or its deputy, 
 with the letters " S. (x. P." (Standard Glassware Purdue). No bot- 
 tle, pipette or weight shall be used for such test unless so examined, 
 and marked by the said Purdue University agricultural experiment 
 station. It shall be unlawful for any person, firm, companjr, associa- 
 tion, corporation, or any of their agents to use any other than stand- 
 ard test bottles, pipettes and weights which have been examined and 
 marked as provided in this section, to determine the amount of fat in 
 milk or cream, bought and paid for on the butter fat basis. 
 
 Sec. 6866c. Unlawful tests. — It shall be unlawful for any person, 
 firm or corporation, by himself or as the officer, servant, agent or em- 
 ploye of any person, firm or corporation, buying and paying for milk 
 or cream on the basis of the amount of fat contained therein to under- 
 read, over-read or otherwise fraudulently manipulate the Babcock 
 test used for determining the per cent of fat in milk or cream, or to 
 falsify the record thereof or to read the test at any temperature ex- 
 cept the correct temperature which is 135 degrees to 140 degrees 
 Fahrenheit, or to pay on the basis of any measurement or weight ex- 
 cept the true measurement or weight which is 17.6 cubic centimeter? 
 
INDIANA 253 
 
 for milk and nine (9) grams for cream. This section further pro- 
 vides that in all tests the cream shall be weighed into the test bottles. 
 Sec. 6866L Prosecuting attorney ; duties. — It shall be the duty oi 
 every prosecuting attorney to whom the Purdue University agricul- 
 tural experiment station shall report any violation of the provisions 
 of this act to cause proceedings to be commenced against the person 
 or persons so violating the provisions of this act, and to prosecute the 
 same to final termination, according to the laws of the State of 
 Indiana. 
 
 Sec. 6866J. Penalties. — Any employe of a firm, company, associa- 
 tion, corporation or person, buying and paying for milk or cream on 
 the basis of the amount of butter fat it contains, violating any of the 
 provisions of this act, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be fined not less than twenty-five 
 ($25.00) dollars, nor more than five hundred ($500.00) dollars, or be 
 imprisoned in the county jail for not less than sixty (60) days nor 
 more than twelve (12) months, or both. Any firm, company, asso- 
 ciation, corporation or person, buying or paying for milk or cream 
 on the basis of the amount of butter fat contained therein, violating 
 any of the provisions of this act, shall be guilty of misdemeanor, and 
 upon conviction thereof shall be fined in the sum of one hundred 
 ($100.00) dollars for the first offense and in the sum of not less than 
 one hundred ($100.00) dollars, nor more than one thousand ($1,000) 
 dollars for each subsequent offense. 
 
 Sec. 68661. Standard Babcock testing glassware denned; standard Bab- 
 cock pipette ; standard weights — The term " standard Babcock testing 
 glassware " shall apply to glassware and weights complying with the 
 following specifications : 
 
 (a) Standard Milk Test Bottles. — Graduation: The total per 
 cent graduation shall be 8. The graduated portion of the neck shall 
 have a length of not less than 63.5 mm (2i/> inches). The gradua- 
 tion shall represent whole per cent, five-tenths per cent, and tenths 
 per cent. The tenths per cent graduations shall not be less than 
 3 mm in length; the five-tenths per cent graduations shall be 1 mm 
 longer than the tenths per cent graduations, projecting 1 mm to 
 the left; the whole per cent graduation shall extend one-half way 
 around the neck to the right and projecting 2 mm to the left of the 
 tenths per cent graduations. Each per cent graduation shall be 
 numbered, the number being placed on the left of the scale. The 
 error at any point of the scale shall not exceed one-tenth per cent. 
 
 Neck: The neck shall be cylindrical and the cylindrical shape 
 shall extend for at least nine millimeters below the lowest and above 
 the highest graduation mark. The top of the neck shall be flared 
 to a diameter of not less than ten (10) millimeters. 
 
 Bulb: The capacity of the bulb up to the junction of the neck 
 shall not be less than 45 cubic centimeters. The shape of the bulb 
 may be either cylindrical or conical with the smallest diameter at the 
 bottom. If cylindrical, the outside diameter shall be between 34 
 and 36 mm; if conical, the outside diameter of the base shall be 
 between 31 and 33 mm, and the maximum diameter between 35 and 
 37 mm. 
 
 The charge of the bottle shall be 18 grams. 
 
 The total height of the bottle shall be between 150 and 165 mm. 
 (5% and 6y 2 inches). 
 
254 LAWS CONCERNING WEIGHTS AND MEASUBES 
 
 (&) Standard Cream Test Bottles. — Two types of bottles shall 
 be accepted as standard cream test bottles, a 50% 9-gram, short- 
 necked bottle and a 50% 9-gram long-neck bottle. 
 
 Fifty Per Cent 9-Gram Short-Neck Bottles. — Graduation : The 
 total per cent graduation shall be 50. The graduated portion of the 
 neck shall have a length of not less than 63 mm (2y 2 inches). The 
 graduation shall represent five per cent, one per cent, and five-tenths 
 per cent. The five per cent graduations shall extend at least half- 
 way around the neck (to the right). The five-tenths per cent 
 graduations shall be at least 3 mm in length, and the one per cent 
 graduations shall have a length intermediate between the five per 
 cent and the five-tenths per cent graduations. Each per cent gradu- 
 ation shall be numbered, the number being placed on the left of the 
 scale. The error at any point of the scale shall not exceed five- 
 tenths per cent. 
 
 Neck: The neck shall be cylindrical and the cylindrical shape 
 shall extend at least 9 mm below the lowest and 9 mm above the 
 highest graduation mark. The top of the neck shall be flared to a 
 diameter of not less than 10 mm. 
 
 Bulb : The capacity of the bulb up to the junction of the neck 
 shall be not less than 45 cubic centimeter. The shape of the bulb 
 may be either cylindrical or conical with the smallest diameter at 
 the bottom. If cylindrical, the outside diameter shall be between 
 34 and 36 mm; if conical, the outside diameter of the base shall 
 be between 31 and 33 mm and the maximum diameter between 35 
 and 37 mm. 
 
 The charge of the bottle shall be 9 gram. All bottles shall bear on 
 top of the neck above the graduations, in plainly legible characters, a 
 mark defining the weight of the charge to be used (9 grams). 
 
 The total height of the bottle shall be between 150 and 165 mm 
 (5% and Q x / 2 inches), same as standard test bottles. 
 
 Fifty Per Cent 9-Gram Long-Neck Bottles. — The same specifica- 
 tions in every detail as specified for the 50 per cent 9-gram short-neck 
 bottle shall apply for the long-neck bottle, with the exception, how- 
 ever, that the total height of this bottle shall be between 210 and 
 235 mm (8% and 8% inches). 
 
 Total length of pipette not more than 33 mm (1314 inches). Out- 
 side diameter of suction tube 6 to 8 mm. Length of suction tube 130 
 mm. Outside diameter of delivery tube 4.5 to 5.5 mm. Length of 
 delivery tube 100 to 120 mm. Distance of graduation mark above 
 bulb 30 to 60 mm. Nozzle straight. Delivery 17.6 cc of water at 20 
 degrees O in 5 to 8 seconds. 
 
 The standard weight shall be nine (9) grams. 
 
 Burns' Ann. Stats., 1914, Vol. 3, eh. 88, p. 941. 
 
 Sec. 7940 (al909). Commercial feeding stuffs, net weight to be 
 marked.— Any person, company, corporation or agent that shall sell 
 or offer, or expose for sale, any concentrated commercial feeding 
 stuff, in this State, shall affix, or cause to be affixed, to every package 
 or sample of such concentrated commercial feeding stuff in a con- 
 spicuous place on the outside thereof, a tag or label which shall be 
 accepted as a guarantee of the manufacturer, importer, dealer or 
 agent, and which shall have plainly printed thereon in the English 
 
INDIANA 255 
 
 language the number of net pounds of concentrated commercial 
 feeding stuff in the package, the name, brand or trade-mark under 
 which the concentrated commercial feeding stuff is sold, the name 
 of the manufacturer, the location of the principal office of the manu- 
 facturer, * * * (When concentrated commercial feeding stuff 
 is sold in bulk a tag, as hereinbefore described, and a State chemist 
 stamp shall be delivered to the consumer with each one hundred 
 pounds, or fraction thereof: Provided, That State chemist's stamps 
 shall be issued to cover twenty-five (25), fifty (50) and one hun- 
 dred (100) pounds. 
 
 Laws, 1923, ch. 177, p. 487. 
 
 Sec. 8, as amended by Laws, 1925, ch. 171, p. 412. Weighmen; scales; 
 inspection. — (A) The operator of every mine at which the miners are 
 paid by weight, shall provide suitable and accurate scales of stand- 
 ard manufacture for the weighing of coal which may be procured 
 from such mines; such operator shall be required to keep United 
 States standard weights to test said scales. 
 
 (B) At every mine where the coal mined is paid for by weight 
 in shall be the duty of the weighman and the check-weighman to 
 examine and balance the scales each morning, and in no case shall 
 any coal be weighed until such scales are tested by the United States 
 standard weights and found to be correct. Said weighman shall ac- 
 curately weigh, and he shall, together with the check-weighman, 
 record the weight of each miner's car of coal delivered, which record 
 shall be kept open at all reasonable hours for inspection of all miners 
 or other persons pecuniarly interested in the product of such mine : 
 Provided, That if the weighman and the check-weighman shall dis- 
 agree, work may continue until the State commissioner of weights 
 and measures or his deputy can be present, and any erroneous weights 
 made during such time shall be rectified. When difference shall arise 
 between the weighman and check-weighman, or operator, of any 
 mine as to the correctness of the scales, the same shall be referred to 
 the State commissioner of weights and measures or his deputy, whose 
 duty it shall be to see and regulate the same at once. 
 
 (C) The State commissioner of weights and measures or his 
 deputy and miners employed in the mine, the owner of the land and 
 others personally interested in the royalty or rental of such mine, 
 shall at all proper times have full right of access to make examina- 
 tion of scales or apparatus used for weighing coal in or about said 
 mine, including the records in which the weights of coal are kept, to 
 determine the amount of coal mined, for the purpose of attesting 
 the accuracy thereof. 
 
 Sec. 9. Check-weighman. — (A) Whenever the mining of coal is paid 
 for by weight, the miners employed in mining the same shall have 
 the right of selecting and keeping in the weigh office, or at the place 
 of weighing the coal, a check-weighman, who shall be vested with 
 the same rights as described in section " 8 " of this act, said check- 
 weighman to be paid by said miners. 
 
 Sec. 19, as amended by Acts, 1925, ch. 171, p. 412.— (E) It shall be 
 
 the duty of the State commissioner of weights and measures, or his 
 
 deputy, in addition to his other duties, to examine all scales used at 
 
 any mine for the purpose of weighing coal taken out of said mine. 
 
 517—26 17 
 
256 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 The scales shall be tested by sealed weights; the same shall be fur- 
 nished to said State commissioner of weights and measures, or his 
 deputy, by the auditor of State on requisition, the cost of which shall 
 be audited by the auditor of the State, and paid out of any money in 
 the State treasury not otherwise appropriated. And on inspection, 
 if the scales are found incorrect, and after written notice by the 
 State commissioner of weights and measures, or his deputy, it shall 
 be unlawful for any operator to use or suffer the same to be used, 
 until the scales are adjusted to weigh correctly. 
 
IOWA 
 Code, 1924, ch. 161, p. 436. 
 
 Sec. 3227 (al924) . Standard established. — The weights and measures 
 which have been presented by the department to the Federal Bureau 
 of Standards and approved, standardized, and certified by said 
 bureau in accordance with the laws of the Congress of the United 
 States shall be the standard weights and measures throughout, the 
 State. 
 
 Sec. 3228. Length and surface measure. — The unit or standard 
 measure of length and surface from which all other measures of 
 extension shall be derived and ascertained, whether they be lineal, 
 superficial, or solid, shall be the standard yard secured in accord- 
 ance with the provisions of the preceding section. It shall be divided 
 into three equal parts called feet, and each foot into twelve equal 
 parts called inches, and for the measure of cloth and other com- 
 modities commonly sold by the yard it may be divided into halves, 
 quarters, eighths, and sixteenths. The rod, pole, or perch shall 
 contain five and one-half such yards, and the mile, one thousand 
 seven hundred sixty such yards. 
 
 Sec. 3229. Land measure. — The acre for land measure shall be 
 measured horizontally and contain ten square chains and be equiva- 
 lent in area to a rectangle sixteen rods in length and ten rods in 
 breadth, six hundred and forty such acres being contained in a 
 square mile. The chain for measuring land shall be twenty-two 
 yards long, and be divided into one hundred equal parts, called links. 
 
 Sec. 3230. Weight. — The units or standards of weight from which 
 all other weights shall be derived and ascertained shall be the 
 standard avoirdupois and troy weights secured in accordance with 
 the provisions of section 3227. The avoirdupois pound, which bears 
 to the troy pound the ratio of seven thousand to five thousand 
 seven hundred sixty, shall be divided into sixteen equal parts called 
 ounces ; the hundredweight shall consist of one hundred avoirdupois 
 pounds, and twenty hundredweight shall constitute a ton. The troy 
 ounce shall be equal to the twelfth part of a troy pound. 
 
 Sec. 3231. Liquids. — The unit or standard measure of capacity for 
 liquids from which all other measures of liquid shall be derived 
 and ascertained shall be the standard gallon secured in accordance 
 with the provisions of section 3227. The gallon shall be divided 
 by continual division by the number two so as to make half-gallons, 
 quarts, pints, half-pints, and gills. The barrel shall consist of 
 thirty-one and one-half gallons, and two barrels shall constitute a 
 hogshead. 
 
 Sec. 3232. Dry measure. — The unit or standard measure of capacity 
 for substances not liquids from which all other measures of such 
 substances shall be derived and ascertained shall be the standard 
 half-bushel secured in accordance with the provisions of section 
 
 257 
 
258 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 3227. The peck, half-peck, quarter-peck, quart, pint, and half- 
 pint measures for measuring commodities which are not liquids, 
 shall be derived from the half-bushel by successively dividing the 
 cubic inch capacity of that measure by two. 
 
 Sec. 3233. Bottomless measures. — Bottomless dry measures shall not 
 be used unless they conform in shape to the United States standard 
 dry measures. 
 
 Sec. 3234. Sales of dry commodities to be by weight. — All dry com- 
 modities unless bought or sold in package or wrapped form shall 
 be bought or sold only by the standard weight or measure herein 
 established, or by numerical count, unless the parties otherwise 
 agree in writing, except as provided in the four following sections. 
 
 Sec. 3235. Drugs and section comb honey. — The requirements of the 
 preceding section shall not apply to drugs or section comb honey. 
 
 Sec. 3236. Bushel by weight. — When any of the commodities enu- 
 merated in this section shall be sold by the bushel or fractional part 
 thereof, except when sold as provided in the two following sections, 
 the measure shall be determined by avoirdupois weight and shall be 
 computed as follows: 
 
 Pounds Pounds 
 
 Apples 48 
 
 Apples, dried 24 
 
 Alfalfa seed 60 
 
 Barley 48 
 
 Beans, green, unshelled 56 
 
 Beans, dried 60 
 
 Beans, Lima 56 
 
 Beets 56 
 
 Blue grass seed 14 
 
 Bran 20 
 
 Brornus inermis 14 
 
 Broomcorn seed 50 
 
 Buckwheat 48 
 
 Carrots 50 
 
 Castor beans, shelled 50 
 
 Charcoal , 20 
 
 Cherries 40 
 
 Clover seed 60 
 
 Coal 80 
 
 Coke 40 
 
 Corn on the cob (field) 70 
 
 Corn in the ear, unhusked (field)- 75 
 
 Corn, shelled (field) 56 
 
 Corn meal 48 
 
 Cucumbers 48 
 
 Emmer 40 
 
 Flaxseed 56 
 
 Grapes, with stems 40 
 
 Hempseed 44 
 
 Hickory nuts, hulled 50 
 
 Hungarian grass seed 50 
 
 Kaffir corn 56 
 
 Lime 80 
 
 Millet seed 50 
 
 Oats 32 
 
 Onions 52 
 
 Onion top sets 28 
 
 Onion bottom sets 32 
 
 Orchard grass seed 14 
 
 Osage orange seed 32 
 
 Parsnips 45 
 
 Peaches 48 
 
 Peaches, dried 33 
 
 Peanuts ___l 22 
 
 Pears 45 
 
 Peas, green, unshelled 50 
 
 Peas, dried 60 
 
 Plums 48 
 
 Popcorn on the cob 70 
 
 Popcorn, shelled 56 
 
 Potatoes 60 
 
 Quinces 48 
 
 Rape seed 50 
 
 Red top seed 14 
 
 Rutabagas 60 
 
 Rye . 56 
 
 Salt 80 
 
 Sand 130 
 
 Shorts 20 
 
 Sorghum saccharatum seed 50 
 
 Spelt 40 
 
 Sweet corn 50 
 
 Sweet potatoes 50 
 
 Timothy seed 45 
 
 Tomatoes 50 
 
 Turnips 55 
 
 Walnuts, hulled 50 
 
 Wheat 60 
 
 All root crops not specified above- 50 
 
 Sec. 3237. Sale of certain fruits and vegetables by dry measure. — 
 Blackberries, blueberries, cranberries, currants, gooseberries, rasp- 
 berries, cherries, strawberries, and similar berries, also onion sets 
 in quantities of one peck or less, may be sold by the quart, pint, or 
 half-pint, dry measure. 
 
iowa 259 
 
 Sec. 3238. Sale of fruits and vegetables in Climax baskets. — Grapes, 
 other fruits, and vegetables may be sold in climax baskets; but 
 when said commodities are sold in such manner and the containers 
 are labeled with the net weight of the contents in accordance with 
 the provisions of section 3037, all the provisions of the chapter rela- 
 tive to labeling foods shall be deemed to have been complied with. 
 
 Sec. 3239. Berry boxes and Climax baskets. — Berry boxes sold, used, 
 or offered or exposed for sale shall have an interior capacity of one 
 quart, pint, or half-pint dry measure. Climax baskets sold, used, 
 or offered or exposed for sale shall be of the standard size fixed 
 below : 
 
 1. Two-quart basket: Length of bottom piece, nine and one-half 
 inches; width of bottom piece, three and one-half inches; thick- 
 ness of bottom piece, three-eighths of an inch; height of basket, 
 three and seven-eighths inches, outside measurement; top of basket, 
 length eleven inches, and width five inches, outside measurement; 
 basket to have a cover five by eleven inches, when a cover is used. 
 
 2. Four-quart basket: Length of bottom piece, twelve inches; 
 width of bottom piece, four and one-half inches; thickness of 
 bottom piece, three-eighths of an inch; height of basket, four and 
 eleven-sixteenths inches, outside measurement ; top of basket, length 
 fourteen inches, width six and one-fourth inches, outside measure- 
 ment; basket to have cover six and one-fourth inches by fourteen 
 inches, when cover is used. 
 
 3. Twelve quart basket : Length of bottom piece, sixteen inches ; 
 width of bottom piece, six and one-half inches ; thickness of bottom 
 piece, seven-sixteenths of an inch, outside measurements; top of 
 basket, length nineteen inches, height of basket, seven and one-six- 
 teenth inches, width nine inches, outside measurement; basket to have 
 cover nine inches by nineteen inches, when cover is used. 
 
 Sec. 3240. Hop boxes. — The standard box used in packing hops shall 
 be thirty-six inches long, eighteen inches wide, and twenty-three 
 find one-fourth inches deep, inside measurement. 
 
 Sec. 3241. Milk bottles. — The standard bottle used for the sale of 
 milk and cream shall be of a capacity of one-half gallon, three 
 pints, one quart, one pint, one-half pint, one gill, filled full to the 
 bottom of the lip. 
 
 Sec. 3242. Flour. — A barrel of flour shall consist of one hundred 
 ninety-six pounds avoirdupois and one-fourth barrel consisting of 
 fortj'-nine pounds shall be a sack of flour. 
 
 No barrel or sack of flour shall be sold which contains less than 
 the amount herein specified. 
 
 Sec. 3243. Mason work, or stone. — The perch of mason work or 
 stone shall consist of twenty-five feet, cubic measure. 
 
 Sec. 3244. Sales to be by standard weight or measure. — All commodi- 
 ties bought or sold by weight or measure shall be bought or sold 
 only by the standards established by this chapter, unless the vendor 
 and vendee otherwise agree. Sales by weight shall be by avoir- 
 dupois weight unless troy weight is agreed upon by the vendor and 
 vendee. 
 
 Code, 1924, ch. 162, p. 438. . 
 
 Sec. 3245 (al924). Sale of coal, charcoal, and coke. — No person shall 
 sell, offer or expose for sale any coal, charcoal, or coke in any other 
 
260 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 manner than by weight, or represent any of said commodities as 
 being the product of any county, State, or Territory, except that 
 in which mined or produced, or represent that said commodities 
 contain more British thermal units than are present therein. 
 
 Sec. 3246. Delivery tickets required. — No person shall deliver any of 
 said commodities without each such delivery being accompanied by 
 duplicate delivery tickets, on each of which shall be written in ink 
 or other indelible substance, distinctly expressed in pounds, the 
 gross weight of the load, the tare of the delivering vehicle, and 
 the net amount in weight of the commodity, with the names of the 
 purchaser and the dealer from whom purchased. 
 
 Sec. 3247. Disposition of delivery tickets. — One of said duplicate 
 tickets shall be delivered to the vendee and the other one shall be 
 returned to the vendor. Upon demand of the department the per- 
 son in charge of the load shall surrender one of said duplicate tickets 
 to the person making such demand. If said ticket is retained an 
 official weight slip shall be delivered by said department to the 
 vendee or his agent. 
 
 Sec. 3248. Sales without delivery. — When the vendee carries away 
 the commodity purchased, a delivery ticket, showing the actual 
 number of pounds received by him, shall be issued to him by the 
 vendor. 
 
 Sec. 3249. Sales of hay or straw by bale. — No person shall sell, offer 
 or expose for sale any bales of hay or straw without first attaching 
 thereto a plain and conspicuous statement of the minimum net weight 
 contained in such bales ; but nothing in this section shall be construed 
 to require a statement of weight on each bale where hay or straw is 
 sold by the ton and a ticket showing the gross, tare, and net weight 
 accompanies the delivery. 
 
 Sec. 3250. Inspection of loaded vehicles. — The department may stop 
 any wagon, auto truck, or other vehicle loaded with any commodity 
 being bought, offered or exposed for sale, or sold, and compel the 
 person having charge of the same to bring the load to a scale de- 
 signated by said department and weighed for the purpose of deter- 
 mining the true net weight of the commodity. 
 
 Code, 1924, ch. 163, p. 439. 
 
 Sec. 3251 (al924). State sealer. — The department shall designate one 
 of its assistants to act as State sealer of weights and measures. All 
 weights and measures sealed by him shall be impressed with the word 
 " Iowa." 
 
 Sec. 3252. Preservation of standards. — The department shall main- 
 tain the State standards in good order, shall take all necessary pre- 
 cautions for their safe-keeping, and shall submit them once in ten 
 years to the National Bureau of Standards for certification. 
 
 Sec. 3253. Testing weights and measures. — Upon written request 
 of any citizen, firm, or corporation, city, town, or country, or educa- 
 tional institution of the State made to the department, a test or 
 calibration of any weights, measures, weighing or measuring devices, 
 and instruments or apparatus to be used as standards shall be made. 
 
 Sec. 3254. Sealing milk bottles not required. — The State sealer shall 
 not be required to seal bottles for milk or cream, but they shall be 
 inspected from time to time in order to ascertain whether they are 
 standard. 
 
iowa 261 
 
 Sec. 3255. Sealer for cities and towns. — A sealer of weights and 
 measures may be appointed in any city or town by the council, who 
 shall hold his office during its pleasure, and may obtain from the de- 
 partment such standard weights and measures as the council may 
 deem necessary. 
 
 Sec. 3256. Duties of city sealer.— Each sealer in cities and towns 
 shall take charge of and provide for the safekeeping of the town or 
 city standards, and see that the weights, measures, and all apparatus 
 used for determining the quantity of commodities used throughout 
 the town or city, agree with the standards in his possession. 
 
 Sec. 3257. Expenses. — All expenses directly incurred in furnishing 
 the several cities and towns with standards, or in comparing those 
 that may be in their possession, shall be borne by said cities and 
 towns. 
 
 Code, 1924, ch. 164, p. 439. 
 
 Sec. 3258 (al924). Definitions. — For the purpose of this chapter: 
 
 1. " Public scale " shall mean any scale or weighing device for 
 the use of which a charge is made or compensation is derived. 
 
 2. " Gasoline pump " shall mean any pump, meter, or similar 
 measuring device used for measuring gasoline. 
 
 Sec. 3259. License required. — Every person who shall use or display 
 for use any public scale or gasoline pump shall secure a license for 
 said scale or pump from the department. 
 
 Sec. 3260, as amended by Acts, 1925, ch. 62, p. 53. Fee; expiration of 
 license. — The license fee shall be three dollars per annum and each 
 license for a public scale shall expire on December thirty-first and 
 for a gasoline pump on June thirtieth of each year. 
 
 Sec. 3261. Form of license. — The license shall be in the form of a 
 metal plate bearing the words " Licensed by the State of Iowa, 
 
 No. " Each plate shall be numbered consecutively and bear the 
 
 year for which the license is granted. 
 
 Sec. 3262. license to be displayed; removal. — The license plate shall 
 be displayed prominently on the front of the scale or pump, and the 
 defacing or wrongful removal of such plate shall be punished as 
 provided in chapter 147. Absence of license plate shall be prima 
 facie evidence that the weighing or measuring device is being 
 operated contrary to law. 
 
 Sec. 3263. Oath of weighmasters. — All persons keeping public scales, 
 before entering upon their duties as weighmasters, shall be sworn 
 before some person having authority to administer oaths, to keep 
 their scales correctly balanced, to make true weights, and to render 
 a correct account to the person having weighing done. 
 
 Sec. 3264. Weighmasters to keep registers. — Weighmasters are re- 
 quired to make true weights and keep a correct register of all 
 weighing done by them, giving the amount of each weight, date 
 thereof, and the name of the person or persons for whom done, 
 and give, upon demand, to any person having weighing done, a cer- 
 tificate showing the weight, date, and for whom weighed. 
 
 Sec. 3265. Penalty. — Any weighmaster violating any of the provi- 
 sions of the two preceding sections, shall be guilty of a misdemeanor, 
 and punished as provided in chapter 147 and be liable to the person 
 injured for all damages sustained. 
 
262 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Code, 1924, ch. 165, p. 440. 
 
 Sec. 3266 (al924). Duty to inspect. — The department shall make an 
 inspection of all weights and measures wherever the same are kept 
 for use in connection with the sale of any commodity sold by 
 weight or measurement, of where the price to be paid for producing 
 any commodity is based upon the weight or measurement thereof; 
 and when complaint is made to the department that any false or in- 
 correct weights or measures are being made under said conditions, 
 said department shall have the same inspected. 
 
 Sec. 3267. Inspection fees. — An inspection fee shall be charged the 
 person owning or operating the scale so inspected in accordance 
 with the following schedule : Scales with a five hundred pounds ca- 
 pacity up to and including four thousand pounds capacity, one 
 dollar each; scales over four thousand pounds capacity up to and 
 including twenty-one thousand pounds capacity, three dollars each ; 
 scales over twenty-one thousand pounds capacity not including rail- 
 road track scales, five dollars each ; railroad track scales, ten dollars 
 each ; all hopper or automatic scales, two dollars each. 
 
 Sec. 3268. Payment by party complaining. — When such inspection 
 shall be made upon the complaint of any person other than the owner 
 of the scale, and upon examination the scale is found by the depart- 
 ment to be accurate for weighing, the inspection fee for such inspec- 
 tion shall be paid by the person making complaint. 
 
 Sec. 3269. Limitation on the number of inspections. — No person shall 
 be required to pay more than two inspection fees for any one scale 
 in any one year unless additional inspections are made at the request 
 of the owner of said scales. 
 
 Sec. 3270. Confiscation and condemnation of scales. — The department 
 may seize without warrant and confiscate any incorrect scales, 
 weights, or measures, or any weighing apparatus or part thereof 
 which do not conform to the State standards or upon which the 
 license fee has not been paid. If any weighing or measuring appa- 
 ratus or part thereof be found out of order the same may be tagged 
 by the department " Condemned until repaired," which tag shall not 
 be altered or removed until said apparatus is properly repaired. 
 
 Sec. 3271. Possession of false weights or measures. — If any person 
 engaged in the purchase or sale of any commodity by weight or 
 measurement, or in the employment of labor where the price thereof 
 is to be determined by weight or measurement of the articles upon 
 which labor is bestowed, has in possession any inaccurate scales, 
 weights, or measures, or other apparatus for determining the quantity 
 of any commodity, which do not conform to the standard weights and 
 measures, he shall be punished as provided in chapter 147. 
 
 Sec. 3272. Transactions by false weights or measures. — Any person 
 shall be deemed to have violated the provisions of this chapter and 
 shall be punished as provided in chapter 147 : 
 
 1. If such person sell, trade, deliver, charge for or claim to have 
 delivered to a purchaser an amount of any commodity which is less 
 in weight or measure than that which is asked for, agreed upon, 
 claimed to have been delivered, or noted on the delivery ticket. 
 
 2. If such person make settlement for or enter credit, based upon 
 any false weight or measurement, for any commodity purchased. 
 
iowa 263 
 
 3. If such person make settlement for or enter credit, based upon 
 any false weight or measurement, for any labor where the price of 
 producing or mining is determined by weight or measure. 
 
 4. If such person record a false weight or measurement upon the 
 weight ticket or book. 
 
 Sec. 3273. Reasonable variations; small packages. — In enforcing the 
 provisions of the preceding section reasonable variations shall be 
 permitted and exemptions as to small packages shall be established 
 by rules of the department. 
 
 Sec. 3274. Powers of cities and towns limited. — Commodities weighed 
 upon any scale bearing the inspection card, issued by the department, 
 shall not be required to be reweighed by any ordinance of any city or 
 town or city under special charter or under the commission form of 
 government, nor shall their sale, at the weights so ascertained, and 
 because thereof, be, by such ordinance, prohibited or restricted. 
 
 Code, 1924, ch. 147, p. 412. 
 
 Sec. 3029 (al924). Definitions and rules of construction. — For the pur- 
 pose of this title: 
 
 1. "Article " shall include food, commercial feed, agricultural seed, 
 commercial fertilizer, drug, insecticide, fungicide, paint, linseed oil, 
 turpentine, and illuminating oil, in the sense in which they are de- 
 fined in the various provisions of this title. 
 
 2. " Department " shall mean the department of agriculture, and, 
 wherever said department is required or authorized to do an act, it 
 shall be construed as authorizing performance by a regular assistant 
 or a duly authorized agent of said department. 
 
 3. " Secretary " shall mean the secretary of agriculture. 
 
 4. " Package " or " container," unless otherwise defined, shall in- 
 clude wrapper, box, carton, case, basket, hamper, can, bottle, jar, 
 tube, cask, vessel, tub, firkin, keg, jug, barrel, tank, tank car, and 
 other receptacles of a like nature; and wherever the expression 
 "offered or exposed for sale or sold in package or wrapped form" 
 is used it shall mean the offering or exposing for sale, or selling 
 of an article which is contained in a package or container as herein 
 defined. * * * 
 
 Sec. 3037. Labeling. — All articles in package or wrapped form 
 which are required by this title to be labeled, unless otherwise pro- 
 vided, shall be conspicuously marked in the English language in 
 legible letters of not less than eight-point heavy Gothic caps on 
 the principal label with the following items : 
 
 ******* 
 
 2. The quantity of the contents in terms of weight, measure, or 
 numerical count. Under this requirement reasonable variations 
 shall be permitted, and small packages shall be excepted in accord- 
 ance with the rules of the department. 
 
 3. The name and place of business of the manufacturer, packer, 
 importer, dispenser, distributor, or dealer. * * * 
 
 Code, 1924, ch. 150, p. 419. 
 
 Sec. 3079 (al924). Testing milk or cream. — Every person testing 
 cream or milk to determine the per cent of milk-fat as a basis for 
 fixing the purchase price shall secure a milk tester's license from the 
 
264 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 department and shall make tests only by such process as has been 
 approved by said department. 
 
 Sec. 3080. Examination required. — Each applicant for such a license 
 shall be required to submit to examination and by actual demon- 
 stration show that he is competent to test cream and milk according 
 to an approved process. 
 
 Sec. 3081. Supplying standard measures for testing. — The department 
 shall furnish each licensee one standard test bottle and one standard 
 pipette adapted to the use of the testing machine approved for the 
 licensee. Said bottle and pipette shall be certified to by the depart- 
 ment as standard and shall bear the official stamp of the depart- 
 ment. Any person not a licensee may secure test bottles and 
 pipettes from the department at the legal price. 
 
 Sec. 3083. Bottles and pipettes. — The standard bottle and pipette 
 received from the department shall be used by the licensee in veri- 
 fying test tubes and pipettes used by him in making tests; and the 
 same shall be subject to inspection by the owner or vendor of the 
 cream or milk which is the subject of the test. 
 
 Sec. 3085. False tests ; evidence. — No person shall falsely manipulate 
 or misread the Babcock test or any other milk or cream testing 
 apparatus. The writing of a check or payment of money for cream 
 or milk at any given test shall constitute prima facie evidence that 
 such test was made. 
 
 Sec. 3095. Milk bottles to be marked. — Bottles or jars used for the 
 sale of milk shall have clearly blown or permanently marked in 
 the side of the bottle, the capacity of the bottle, and on the bottom 
 of the bottle the name, initials, or trade-mark of the manufacturer. 
 The designating number shall be furnished by the department on 
 request. 
 
 Code, 1924, ch. 292, p. 731. 
 
 Sec. 5768°. Markets; powers of certain cities to establish and regulate. — 
 They [special charter cities] shall have power to establish and 
 regulate markets and scales, to build market houses and establish 
 and regulate the same; to provide for the measuring or weighing of 
 merchandise offered for sale, * * * 
 
 Code, 1924, ch. 581, p. 1547. 
 
 Sec. 13061°. Penalty for altering brands, etc. — If any person falsely 
 alter any stamp, brand, or mark on any cask, package, box, or bale 
 containing merchandise or produce, made by a public officer, ap- 
 pointed for that purpose, in order to denote the quality, weight, or 
 quantity of the contents thereof, with intent to defraud, he shall be 
 fined not more than five hundred dollars and imprisoned in the 
 county jail not exceeding one year. 
 
 Sec. 13062. Penalty for counterfeiting mark of another. — If any 
 person counterfeit any mark, stamp, or brand of another, or falsely 
 mark any cask, package, box, or bale as to quality or quantity, with 
 intent to defraud, he shall be fined not exceeding two hundred 
 dollars, or be imprisoned in the county jail not more than six 
 months, or both. 
 
 Sec. 13066. Fraudulently using stamped cask, etc. — If any person, 
 with intent to defraud, use any cask, package, box, or bale, marked, 
 
iowa 265 
 
 branded, or stamped by another, for the sale of merchandise or 
 produce of an inferior quality or less in quantity or weight than is 
 denoted by such mark, stamp, or brand, he shall be imprisoned in 
 the county jail not more than one year, or fined not exceeding two 
 hundred dollars, or both. 
 
 Sec. 13067 (1907). Binder twine; label.— No binder twine shall be 
 sold, exposed, or offered for sale within this State, except the same 
 bears upon each ball a stamp or label truly stating the name of 
 the manufacturer or importer and the number of feet to the pound 
 in such ball : Provided, That a deficiency not exceeding five per 
 cent in length stated on the stamp or label shall not be a violation 
 hereof. 
 
 Code, 1924, ch. 426, p. 1217. 
 
 Sec. 9719, as amended by Acts, 1925, ch. 184, p. 170. — The term 
 " agricultural product " as used in this chapter shall mean cotton, 
 wool, grain, tobacco, flaxseed, sugar and all canned goods made from 
 agricultural products. 
 
 Sec. 9734 (1921). License to classify, grade, or weigh. — The commis- 
 sioners may, upon presentation of satisfactory proof of competency, 
 issue to any person a license to classify any agricultural product or 
 products, stored or to be stored in a warehouse licensed under this 
 chapter, according to grade or otherwise and to certificate the grade 
 or other class thereof, or to weigh the same and certificate the weight 
 thereof, or both to classify and weigh the same and to certificate the 
 grade or other class and the weight thereof, upon condition that such 
 person agree to comply with and abide by the terms of this chapter 
 and of the rules and regulations prescribed hereunder so far as the 
 same relate to him. 
 
 Code, 1924, ch. 373, p. 1012. 
 
 Sec. 8137 (1907). Track scales, where located; weight certificates. — 
 Every person, firm or corporation engaged in operating any railroad 
 within the State shall equip the line of its track and thereafter main- 
 tain thereon in good order, track scales of sufficient capacity to 
 weigh all carloads of coal that may be transported over the said 
 railroad, and shall weigh the same at the request of any owner, con- 
 signor or consignee of such commodities, and furnish written certifi- 
 cates of such weights to such owner, consignor or consignee as here- 
 inafter provided. Such track scales shall be so installed and main- 
 tained at all division stations along the line of such railroads within 
 the State, and at such other stations as the board of railroad com- 
 missioners shall from time to time direct. 
 
 Sec. 8138. Weighing of coal at point where shipment originates. — 
 Every person, firm or corporation engaged in operating any rail- 
 road within the State, over which coal, in carload lots shall be trans- 
 ported for hire, shall weigh such coal at point where such shipment 
 originates unless covered by weight agreement between consignor and 
 railway company, provided such point is equipped with track scales. 
 If not so equipped, it shall be weighed at first practicable point en 
 route where track scales are provided. Said person, firm or cor- 
 poration shall furnish to said shipper a bill of lading showing date 
 and place weighted, also the gross, tare and net weights for each car- 
 
266 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 load of coal so weighed. The tare weight shall be determined by 
 using actual weight of empty car at loading station, provided track 
 scales are maintained at such point. 
 
 Sec. 8139. Weighed at destination upon request; fee. — Such coal shall 
 be weighed at destination upon request of consignee when there are 
 track scales at such point. If not equipped with track scales at such 
 point, then at nearest practicable point en route where such scales 
 are maintained and certificate of weight showing actual gross, tare 
 and net weights, shall be furnished to consignee and settlement of 
 freight charges based on these weights. A reasonable charge of not 
 more than one dollar per car, may be made for such weighing on 
 request. 
 
 Sec. 8140. How weighed. — Gars when weighed on track scales shall 
 be uncoupled, clear and unhampered at both ends, carefully weighed 
 by competent weighmen and certificates issued upon request of con- 
 signees, showing gross, tare and net weights. 
 
 Sec. 8141. Prima facie evidence. — Certificates mentioned in this act 
 shall be prima facie evidence of the facts therein recited in any action 
 arising between consignors and consignees and common carriers. 
 
 Sec. 8142. Penalty. — Any common carrier operating in this State 
 violating any of the provisions of five preceding sections by neglect- 
 ing or refusing to weigh cars or to furnish certificates of weights as 
 therein provided shall be guilty of a misdemeanor and shall be, upon 
 conviction thereof, fined in the sum of not more than one hundred 
 and twenty-five dollars for each and every violation. 
 
 Code, 1924, ch. 68, p. 200. 
 
 Sec. 1319 (al900). Scales and weighers; duties; records. — The operator 
 shall, if the miners are paid by weight, provide the mine with suit- 
 able scales of standard make, and require the person selected to weigh 
 the coal delivered from the mine to take and subscribe an oath before 
 some person authorized to administer oaths, to the effect that he will 
 keep the scales correctly and truly balanced, and accurately weigh and 
 a true record keep of each car delivered, which oath, with that of the 
 check weighman hereinafter provided for, shall 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 pe- 
 cuniary interest in the mine. All damages sustained on account of a 
 failure to weigh and credit to the proper person any coal mined shall 
 be recoverable in an action brought within two years from the time 
 the right thereto accrued, and a knowledge of a violation of this pro- 
 vision by the miner shall not be a defense thereto. 
 
 Sec. 1320. Check weighman; duties. — The miners employed and 
 working in any mine may furnish a competent checkweighman, who, 
 before entering upon his duties, shall take and subscribe an oath to 
 the effect that he is duly qualified and will faithfully discharge his 
 duties as a checkweighman, and he shall at all proper times have ac- 
 cess to and the right to examine the scales, machinery, or apparatus 
 used in weighing, and to see all measures and weights of coal mined 
 and the accounts kept thereof ; but not more than one person on the 
 part of the miners collectively shall have this right, and such exami- 
 nation and inspection shall be so made as to create no unnecessary 
 interference with the use of such scales, machinery, or apparatus. 
 
iowa 267 
 
 Sec. 1321. When weighed; bushel; ton. — The operator shall, where 
 the miner is to be paid by the ton or other, quantity, unless otherwise 
 agreed upon in writing, weigh the coal before screening, and the 
 miner shall be credited at the rate of eighty pounds to the bushel and 
 two thousand pounds to the ton, but no payment shall be required 
 for sulphur, rock, slate, blackjack, dirt, or other impurities which 
 may be loaded or found with the coal. 
 
 Sec. 1337. Penalty. — Any owner, lessee, or operator, or any party 
 in charge of any mine, or any weighman or checkweighman violating 
 any of the provisions of this chapter relating to the correct weighing 
 and recording of the weights of coal mined at any mine shall be fined 
 not exceeding five hundred dollars or be imprisoned in the county 
 jail not exceeding sixty days. * * * 
 
KANSAS 
 
 Rev. Stats., 1923, ch. 83, p. 1415. 
 
 Sec. 83-101 (1909). State standards. — Such standard weights and 
 measures as have been furnished to this State by the Government 
 of the United States, in accordance with a joint resolution of Con- 
 gress, 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 stand- 
 ards of the State of Kansas. 
 
 Sec. 83-102. Units of length and surface measure; yard; foot; inches; 
 rod; pole; perch; mile; chain; link; acre. — The units of standard 
 measures of length and surface from which all other measures of 
 extension, whether lineal, superficial or solid, shall be derived and 
 ascertained, are the standard of lengths designated in this act. The 
 yard is divided into three equal parts called feet, and each foot into 
 twelve equal parts called inches. For measures of cloth and other 
 commodities commonly sold by the yard, the yard may be divided 
 into halves, quarters, eighths, and sixteenths. The rod, pole or perch 
 contains 5y 2 yards ; the mile, 1,760 yards. The chain for measuring 
 land is 22 yards long, and is divided into 100 equal parts called 
 links. The acre for land measure shall be measured horizontally and 
 contain 10 square chains, equivalent in area to a rectangle 16 rods in 
 length and 10 in breadth ; 640 acres being contained in a square mile. 
 
 Sec. 83-103. "Units of standards of weight. — The units of standards 
 of weight, from which all other weights shall be derived and ascer- 
 tained, shall be the standard weights designated in this act. The 
 hundredweight consists of 100 avoirdupois pounds, and a ton con- 
 tains 20 hundredweights. Wherever hereafter in this act the word 
 pound is used it shall mean the avoirdupois pound unless otherwise 
 distinctly specified. 
 
 Sec. 83-104. Units of dry measure. — The units of standards of meas- 
 ure of capacity for commodities not liquids, from which all other 
 measures shall be derived and ascertained, shall be the standards 
 for such commodities designated in this act. The peck, half peck, 
 quarter peck, quart, pint and half pint measures for measuring 
 commodities which are not liquids shall be derived from the half 
 bushel by successively dividing that measure by two. 
 
 Sec. 83-105. Units of liquid measure. — The units of standards of 
 measure of capacity for liquids, from which all other measures shall 
 be derived and ascertained, shall be the standard liquid measure 
 designated in this act. The liquid gallon shall be divided by con- 
 tinual division by the number two so as to make half gallons, quarts, 
 pints, half pints and gills. 
 
 Sec. 83-106. Electrical measures. — The standards of electrical meas- 
 ures recognized by the National Bureau of Standards when procured 
 
 268 
 
KANSAS 269 
 
 by the State shall be the standard of electrical measures in the State 
 of Kansas. 
 
 Sec. 83-107. Metric weights and measures. — The weights and meas- 
 ures of the metric system shall be legal weights and measures in 
 the State of Kansas. 
 
 Sec. 83-108 (al911). Enforcement.— That the State board of health 
 shall be charged with the duties of enforcing the provisions of this 
 act. 
 
 Sec. 83-109 (al921). Standard weights for mill products and commodi- 
 ties, how sold; weights to be marked, when; weights per barrel and 
 bushel. — That mill products and vegetable products hereinafter men- 
 tioned shall have only the following standard weights, and whenever 
 any of the following articles shall be contracted for or sold or de- 
 livered and no special contract or agreement shall be made to the 
 contrary, such sale and all computations for payment or settlement 
 therefor shall be by net weight, the net weight to be plainly marked 
 on the outside of the barrel, sack, package or bale as the case may be, 
 and the net weight, whether stated in words or otherwise, shall be as 
 follows : 
 
 Barrels of wheat and rye flour and corn meal, one hundred and ninety-six 
 pounds net. 
 One-half barrels, ninety-eight pounds net. 
 One-fourth barrels, forty-eight pounds net. 
 One-eighth barrels, twenty-four pounds net. 
 One-sixteenth barrels, twelve pounds net. 
 
 Provided, however, That corn meal may be packed and sold in 
 sacks of thirty-five pounds net, seventeen and one-half pounds net, 
 and eight and three-fourths pounds net. 
 
 When hay and straw are sold in bales, the correct weight which 
 said bale contains, when sold at retail by the bale. 
 
 Cottonseed meal in sacks, one hundred pounds net. 
 Bran in sacks, one hundred pounds net. 
 Shorts in sacks, one hundred pounds net. 
 Tankage in sacks, one hundred pounds net. 
 Oil meal in sacks, one hundred pounds net. 
 Meat meal in sacks, one hundred pounds net. 
 
 And all other feeds made from cereals of any kind, whether pure, 
 mixed, or adulterated, one hundred pounds per sack net. 
 
 The net weight per bushel of the following articles shall be as 
 follows, and any fractional part of a bushel shall be the like frac- 
 tional part of the said weight per bushel, net. 
 
 Pounds 
 
 Alfalfa seed 60 
 
 Apples 48 
 
 Apples, dried 24 
 
 Barley 48 
 
 Beans 60 
 
 Beans, unshelled green 38 
 
 Beans, castor 46 
 
 Beets 56 
 
 Bluegrass seed, native 14 
 
 Bluegrass seed, English 22 
 
 Broomcorn seed 30 
 
 Buckwheat 48 
 
 Cane seed 50 
 
 Carrots 50 
 
 Cherries, without stems 64 
 
 Pounds 
 
 Cherries, with stems 56 
 
 Clover seed 60 
 
 Corn, shelled 56 
 
 Corn in the ear, husked 70 
 
 Cucumbers 48 
 
 Flaxseed (linseed) 56 
 
 Feterita 56 
 
 Grapes, with stems 48 
 
 Grapes, without stems 60 
 
 Hemp seed 44 
 
 Kafir corn 56 
 
 Lime, unslacked 80 
 
 Malt 38 
 
 Millet seed, Hungarian 50 
 
 Milo maize 56 
 
270 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 
 Nuts, black walnut 50 
 
 Nuts, hickory 50 
 
 Oats 32 
 
 Onious 55 
 
 Parsnips 48 
 
 Peaches 48 
 
 Peaches, dried 33 
 
 Pounds 
 
 Quinces 48 
 
 Rutabagas 50 
 
 Rye - 56 
 
 Salt 80 
 
 Sorghum seed 50 
 
 Spelts or emmer 40 
 
 Spinach 14 
 
 Sudan grass seed 40 
 
 Sweet potatoes 50 
 
 Sweet potatoes, seed (sorted 1% 
 
 inches in diameter and under) _ 45 
 
 Timothy seed 45 
 
 Tomatoes 56 
 
 Turnips 55 
 
 Wheat 60 
 
 Pears 50 
 
 Peas 60 
 
 Peas, green, in pods 30 
 
 Plastering hair, washed 4 
 
 Plastering hair, unwashed 8 
 
 Plums 52 
 
 Popcorn, on cob 70 
 
 Popcorn, shelled 56 
 
 Potatoes 60 
 
 And the standard barrel for all fruits and vegetables and other dry 
 commodities shall contain 7,056 cubic inches, and for sweet potatoes 
 and apples the 2-bushel box shall contain 4,704 cubic inches and 
 1-bushel box shall contain 2,352 cubic inches. 
 
 Sec. 83-110 (1923). Climax baskets.— The standards for Climax 
 baskets for grapes and other fruits and vegetables shall be the two- 
 quart basket, four-quart basket, and twelve-quart basket, respec- 
 tively: (a) The standard two-quart Climax basket shall be of the 
 following dimensions: Length of bottom piece, nine and one-half 
 inches; width of bottom piece, three and one-half inches; thickness 
 of bottom piece, three-eighths of an inch; height of basket, three 
 and seven-eighths inches, outside measurements. Top of basket, 
 length eleven inches and width five inches, outside measurement. 
 Basket to have a cover five by eleven inches, when a cover is used. 
 (6) The standard four-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, twelve inches; width of 
 bottom piece, four and one-half inches; thickness of bottom piece, 
 three-eighths of an inch ; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches, 
 width six and one-fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used, (c) The standard twelve-quart Climax basket shall be of 
 the following dimensions: Length of bottom piece, sixteen inches, 
 width of bottom piece, six and one-half inches; thickness of bottom 
 piece, seven-sixteenths of an inch; height of basket, seven and one- 
 sixteenth inches, outside measurements; top of basket, length nine- 
 teen inches, width nine inches, outside measurement. Basket to have 
 cover nine inches by nineteen inches, when cover is used. 
 
 Sec. 83-111. Containers for small fruits or vegetables. — That the 
 standard basket or other container for small fruits, berries and 
 vegetables shall be of the following capacities, namely, dry one- 
 half pint, dry pint, dry quart or multiples of the dry quart, (a) 
 The dry half -pint shall contain sixteen and eight-tenths cubic inches. 
 (&)The dry pint shall contain thirty-three and six-tenths cubic 
 inches. (<?) The dry quart shall contain sixty-seven and two-tenths 
 cubic inches. 
 
 Sec. 83-112. Apple boxes. — That the standard apple box shall have 
 inside dimensions of ten and one-half inches by eleven and one-half 
 inches by eighteen inches and shall contain twenty-one hundred and 
 seventy-three and five-tenths cubic inches. 
 
KANSAS 271 
 
 Sec. 83-113. Baskets or boxes not complying with act. — That it shall 
 be unlawful to manufacture for sale or shipment, sell, offer for sale, 
 or ship within the State, Climax and other baskets and apple boxes, 
 either filled or unfilled, which do not comply with this act. Any indi- 
 vidual, partnership, association or corporation that willfully violates 
 this section shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be punished by a fine not to exceed $100. 
 
 Sec. 83-114. Inspection of containers; variation from standards. — 
 That the examination and test of Climax baskets, baskets or other 
 containers for small fruits, berries and vegetables for the purpose of 
 determining whether such baskets or other containers comply with 
 the provisions of this act, shall be made by the secretary of the State 
 horticultural society, and its secretary shall establish and promul- 
 gate rules and regulations allowing such reasonable tolerances and 
 variations as may be found necessary. 
 
 Sec. 83-115 (1909). Contracts, how construed. — All contracts, sales 
 or purchases hereafter made for work to be done, or for anything 
 to be sold or delivered or done, by weight or measure, within this 
 State, shall be taken and construed in terms of and according to the 
 standards of weights and measures adopted by this act, except where 
 parties have agreed upon any other calculations or measurements; 
 and all statements and representations of any kind referring to the 
 weights or measures of commodities sold or purchased, or exposed 
 for sale, shall be understood in terms of the standards of weights 
 or measures aforesaid. 
 
 Sec. 83-116. Dry commodities, how sold. — All dry commodities not 
 otherwise specified in this act shall be sold only by standard dry 
 measure, standard weight, or numerical count, except where parties 
 otherwise agree. 
 
 Sec. 83-117 1 (al911). Berry boxes, capacity; to be labeled, when. — Ber- 
 ries and small fruits whenever sold in boxes shall be sold in boxes 
 containing standard liquid quart or liquid pint, and if said boxes con- 
 tain less than this amount, the information must be given to the pur- 
 chaser by such package being labeled with a statement of the net 
 contents. 
 
 Sec. 83-118 (1909). lEilk and other liquid commodities, how sold. — 
 All milk or cream that shall be sold in bottles shall be sold only in 
 bottles containing half-pints, pints, quarts, half-gallon or gallons. 
 All other liquid commodities shall be sold only by standard liquid 
 measure or standard weight, except where parties otherwise agree. 
 
 Sec. 83-119. Bread, weight of; how sold; to be labeled, when. — A loaf 
 of bread for sale shall be two pounds in weight. Bread, unless 
 composed in chief part of rye or maize, shall be sold only in whole, 
 half and quarter loaves, and not otherwise. Bread, when sold, shall, 
 upon the request of the buyer, be weighed in his presence, and if 
 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. 
 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. 
 
 1 This section is in conflict with section 83^111, which requires the sale of berries bv 
 dry measure. J 
 
 517—26 18 
 
272 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 83-120. Butter, weight of; to be labeled, when. — A print or 
 package of butter shall contain sixteen ounces avoirdupois, and when 
 a print or package of butter containing less than sixteen ounces 
 avoirdupois shall be sold its net weight shall be disclosed by the 
 seller to the buyer, or a statement of the net weight be made upon a 
 label attached thereto. 
 
 Sec. 83-121. Use of false weight or measure; penalty for; prima facie 
 evidence; leakage, evaporation; variation; tolerances. — A person who, 
 by himself or by his servant or agent, or as the servant or the agent 
 of another, uses a weight, measure, balance or measuring device that 
 is false and does not conform to the authorized standard for deter- 
 mining the quantity of any commodity or article of merchandise, 
 or sells or exposes for sale less than the quantity which he represents, 
 or sells or offers for sale commodities in a manner contrary to law, 
 shall be deemed guilty of a misdemeanor, and shall upon conviction 
 thereof be fined in a sum of not less than five dollars nor more than 
 one hundred dollars, or by imprisonment in the county jail for not 
 more than ninety days, or by both such fine and imprisonment. He 
 shall also be liable to the injured party in double the amount of the 
 property wrongfully taken or not given, and ten dollars in addition 
 thereto, to be recovered in any court of competent jurisdiction. The 
 selling and delivery of any commodity or article of merchandise 
 shall be prima facie evidence of representations on the part of the 
 vendor that the quantity sold and delivered was the quantity bought 
 by the vendee. There shall be taken into consideration the usual 
 and ordinary leakage, evaporation or waste that there may be from 
 the time the package is filled by the vendor until the selling of the 
 same ; a slight variation from the stated weight, measure or quantity 
 for individual packages is permissible, provided this variation is as 
 often abo^e as below the weight, measure or quantity stated. 
 
 Sec. 83-122. State sealer, who is; duties of. — The chancellor of the 
 University of Kansas, at Lawrence, shall be ex officio State sealer 
 of weights and- measures (hereafter referred to in this act as the 
 State sealer) , and shall have the care and custody of the authorized 
 public standards of weights and measures and of balances and 
 other apparatus of all kinds owned by the State under section 1 [sec- 
 tions 83-101] of this act. He shall maintain the State standards 
 in good order and submit them at least once in every ten years to 
 the National Bureau of Standards for verification. He shall com- 
 pare and adjust by the State standards all county, municipal and 
 other official standard weights, measures, balances and measuring 
 devices which may be sent or brought to him for that purpose, and 
 shall seal the same when found or made to conform to the State 
 standards, by stamping upon each the letter " K " and the last two 
 figures of the year in which the said comparison and adjustment 
 has been made, with seals which he shall have and keep for that 
 purpose: Provided, That he may refuse to compare and seal any 
 weights, measures, balances or measuring devices as standards for 
 any county, municipality or public offices which do not conform 
 to the type approved by the National • Bureau of Standards for 
 such use. 
 
 Sec. 83-123. State sealer may try and approve apparatus on request. — 
 The State sealer may try and prove weights, measures, balances and 
 
KANSAS 273 
 
 other measuring devices on request for any person, corporation or 
 institution, and when the same are found or made to conform to 
 the State standards, and otherwise fulfill such reasonable require- 
 ments as he shall make, he may seal the same with a seal which he 
 shall have and keep for that purpose. 
 
 Sec. 83-124. Kecord; report, to whom made. — The State sealer shall 
 keep a record of all of the weights, measures, balances, or other 
 measuring devices sealed or condemned by him, and shall make an 
 annual report to the governor, on or before January 1, of each year, 
 a copy of which shall be filed with the National Bureau of Stand- 
 ards. He shall issue from time to time regulations for the guidance 
 of county, municipal, and all other inspectors or sealers of weights 
 and measures, and the said regulations shall govern the procedure 
 to be followed by the aforesaid officers in the discharge of their 
 duties. 
 
 Sec. 83-125. Deputy, appointment of. — The State sealer may appoint 
 a deputy State sealer, who shall perform such duties as may be 
 prescribed by the State sealer, and he shall be a member of the 
 faculty of the State University and receive no other compensation 
 than his salary as a member of the faculty. 
 
 Sec. 83-126. County clerk is county sealer; duties of. — The county 
 clerk of each, county shall be the sealer of weights and measures 
 for the county, and shall have the care and custody of the county 
 standards. He shall procure, when ordered by the board of county 
 commissioners, at the expense of the county, when not already pro- 
 vided, a full set of weights, measures, balances and measuring de- 
 vices, which he shall cause to be tried, proved and sealed by the 
 State standards under the direction of the State sealer. He shall 
 maintain the standards and other apparatus under his charge in 
 good order and repair and submit the same to the State sealer for 
 verification when in the judgment of the commissioners it seems 
 necessary. 
 
 Sec. 83-127. Standards for county and local sealers. — Sets of stand- 
 ards for county and local sealers, if procured, shall include the fol- 
 lowing weights, measures and balances, and they shall be of a type 
 approved for such use by the State sealer : One yard measure divided 
 into feet and inches, and at least one of the inches divided into 
 thirty-seconds of an inch. Dry capacity measures : One half -bushel, 
 one peck, one quart, and one pint. Liquid capacity measures: One 
 gallon, one quart, and one pint. Avoirdupois pound weights in the 
 following number and denominations : One fif ty-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 fol- 
 lowing 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. 
 
 Sec. 83-128. County and local sealers, duties of. — The several county 
 and local sealers shall try and prove all weights, measures, bal- 
 ances and measuring devices when requested so to do, and when 
 the same are found or made to conform to the authorized standards 
 
274 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 they shall seal and mark such weights, measures, balances and meas- 
 uring 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 ap- 
 proved type, or which does not conform to the standards, or which 
 cannot be made to conform to the standards by such means as the 
 said inspector or sealer may have at his disposal, he shall condemn 
 the same and mark it condemned in a conspicuous manner, and such 
 condemnation mark shall not be removed or defaced except by au- 
 thorization of the said inspector or sealer. 
 
 See. 83-129. County clerk neglecting standards; penalty for. — Any 
 county clerk who neglects to keep the standards under his charge in 
 good order or repair, or who suffers any of them through his neglect 
 to be lost, damaged or destroyed, or who fails to perform any of 
 the duties imposed upon him by this act, shall be deemed guilty of 
 a misdemeanor, and upon conviction thereof in a court of competent 
 jurisdiction shall be subject to a fine of not less than ten dollars nor 
 more than two hundred dollars. 
 
 Sec. 83-130 (al917). Fees of sealers; State sealer not to require fees 
 from county or city. — Each sealer of weights and measures, including 
 the county clerk or any deputy sealer of weights and measures, shall 
 receive fees as follows: One dollar for inspecting or sealing each 
 platform scale, if weighing five thousand pounds or more, and fifty 
 cents if weighing less than that amount; for sealing or marking every 
 beam, ten cents. For sealing or marking measures of extensions, 
 ten cents per yard or fraction thereof, not exceeding fifty cents for 
 any one measure. For sealing or marking every weight, five cents. 
 For sealing or marking liquid or dry measures, ten cents for each 
 measure. The county clerk or his deputy shall be entitled to collect 
 from the owner or custodian of such scales, dry measures, liquid 
 measures or measures of extension, all necessary expenses incurred 
 by such county clerk or his deputy in performing his duties as county 
 sealer of weights and measures. The State sealer shall not require 
 any fee from any county or city, and all fees collected by the State, 
 county or city sealer shall be paid into the State, county or city treas- 
 ury, as the case may be. 
 
 Sec. 83-131 (1909). Sealers, powers of; hindering, etc.; misdemeanor; 
 penalty for. — All State, county and local sealers, or their deputies 
 and other authorized inspectors of weights and measures, shall have 
 full power to enter any premises in or on which any weights, meas- 
 ures, balances or measuring devices may be located or used for the 
 purposes of trade, for the purpose of inspecting, adjusting and seal- 
 ing or condemning the same. Whoever hinders, obstructs, or in any 
 way interferes with any sealer or other person authorized to inspect 
 weights and measures, 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 con- 
 viction thereof shall be subject to a fine of not less than five dollars 
 nor more than one hundred dollars. 
 
 Sec. 83-132. Sealing and condemning, when misdemeanor; penalty. — 
 Any State or local sealer or deputy who shall seal any weight, meas- 
 
KANSAS 275 
 
 ure, balance or measuring device before first testing and making the 
 same conform to the authorized standard, or who shall condemn any 
 weight, measure, balance or measuring device without first testing 
 the same, shall be deemed guilty of a misdemeanor, and upon convic- 
 tion thereof shall be subject to a fine of not less than five dollars nor 
 more than one hundred dollars. 
 
 Sec. 83-133. Eecord; report. — The several county and municipal 
 sealers and other persons authorized to inspect weights and measures 
 shall keep records of all weights and measures, balances and meas- 
 uring devices inspected, sealed or condemned by them, giving the 
 name of the owner or agent, the place of business, the date of inspec- 
 tion, and kind of apparatus so inspected, sealed or condemned, and 
 shall make an annual report of the same to the State sealer on or 
 before the first day of September of each year, giving, in addition to 
 the above, an inventory of the standards and apparatus in his pos- 
 session, and such other information as he may deem important or 
 that the State sealer may require. 
 
 Sec. 83-134. Cities and municipalities may appoint sealer and deputy, 
 etc. ; city standards to be tried. — Any city or municipality in the State 
 may establish a department of public inspection of weights and meas- 
 ures, and shall have power to appoint a sealer and deputies and fix 
 their compensation, and to pass such ordinances not in conflict with 
 the State laws as may be deemed necessary ; and if a city or munici- 
 pality shall establish such a department it shall provide the sealer 
 with suitable quarters, a set of standards as hereinbefore specified in 
 this act, and all other equipment for the proper performance of his 
 duties. All city and municipal standards shall be tried, proved and 
 sealed under the direction of the State sealer, and shall be returned 
 to him for verification at least once in every five years. 
 
 Sec. 83-135. Sealers may try weights, etc., when. — The county or 
 local sealer who may have reason to believe that any weight, measure, 
 balance or measuring device used in trade is inaccurate, or not ac- 
 cording to the standard, shall have authority to make an immediate 
 examination of the same and require that the same be tried and tested 
 and conform to the standards herein required. 
 
 Sec. 83-136. State board of health to cooperate with sealers, and 
 procure sets of standards; evidence in court. — It is hereby made the 
 duty of the State board of health, and its several food and drug in- 
 spectors, to cooperate with the State and local sealers in carrying out 
 the provisions of this act and all other acts relating to weights and 
 measures, and the said food and drug inspectors are hereby authorized 
 and empowered to act as inspectors of weights and measures used in 
 trade. The State board of health shall procure, at the expense of 
 the State, a full set of standard weights, measures and balances, 
 including sets of standard apothecary's weights and measures, and 
 cause the same to be proved and sealed by the State standards under 
 the direction of the State sealer, together with the necessar}' work- 
 ing sets of weights, measures, balances and measuring devices for 
 the use of the said inspectors, which must be officially sealed, and 
 such weights and measures, balances and measuring devices provided 
 for such inspectors shall be competent evidence in all courts in this 
 State in criminal or civil actions. 
 
 Sec. 83-137 (1885). Weight of gallon of various oils. — Whenever any 
 of the following named articles shall be contracted for or sold or 
 
276 LAWS CONCEBNLNG WEIGHTS AND MEASUBES 
 
 delivered by wholesale or in the original packages within the State 
 of Kansas, and no special contract or agreement shall be made to 
 the contrary, such sale and all computations for payment and settle- 
 ment therefor shall be by weight. The weight per gallon shall be 
 as follows : 2 
 
 Pounds 
 Naphtha 5% 
 
 Kerosene oil 6% 
 
 Paraffine oil 7% 
 
 Castor oil 8 
 
 Olive oil 7% 
 
 Linseed oil, raw 7% 
 
 Linseed oil, boiled 7% 
 
 Menhaden oil 7% 
 
 Pounds 
 
 Cod-liver oil 7% 
 
 Whale oil 7% 
 
 Lard oil 7% 
 
 Neat's-foot oil 7y 2 
 
 Sperm oil 7% 
 
 Turpentine 7 
 
 Miners' oil 7% 
 
 Gasoline 7% 
 
 Sec, 83-138. Penalty. — Whoever in buying any of the articles men- 
 tioned in the preceding section shall take any greater number of 
 pounds thereof to the gallon, or in selling any of the said articles 
 shall give any less number of pounds thereof to the gallon, than is 
 allowed by said section, with intent to gain advantage thereby, ex- 
 cept when expressly authorized so to do by special contract or agree- 
 ment to that effect, shall be liable to the party injured in double the 
 amount or value of the property so wrongfully taken or not given, 
 and ten dollars in addition thereto, to be recovered in any court of 
 competent jurisdiction. 
 
 Sec. 83-139 (1905). No deduction from weight of grain, etc.; pen- 
 alty. — Every sale of grain, seed, hay or coal shall be deemed to be 
 made on the basis of the actual weight thereof, unless a different 
 basis is established by the express agreement of the parties to the 
 transaction. Any purchaser of grain, seed, hay or coal who, with- 
 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 quan- 
 tity thereof, but express authority to allow any deduction must be 
 proved. 
 
 Sec. 83-140. Penalty. — In case any purchaser of grain, seed, hay or 
 coal shall deduct any amount from the actual weight or measure 
 thereof, and shall knowingly withhold from the seller the 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 at- 
 torney's fees, to be taxed in each court in which the action may be 
 brought or to which an appeal may be taken. 
 
 Eev. Stats., 1923, ch. 13, Art. 4, p. 105. 
 
 Sec. 13-401 (1903). Powers of cities of the first class. — The govern- 
 ing body shall have the care, management and control of the city 
 
 s For convenience in printing a slight change hass been made in arrangement of these 
 articles, 
 
KANSAS 277 
 
 and its property and finances; and shall hare power to enact ordi- 
 nances for all the purposes named and provided for in this article 
 not repugnant to the constitution and laws of this State, and to 
 alter, amend, modify and repeal such ordinances. 
 
 Sec. 13-437. Weights and measures. — To prescribe rules for weigh- 
 ing and measuring every kind of commodity sold in the city, in all 
 cases not otherwise provided for by law, and may provide for the 
 inspection of grain and weighing of hay, grain, coal, and measuring 
 of wood and other fuel, and determine the place or places of weigh- 
 ing or measuring the same, and regulate and prescribe the place or 
 places of exposing for sale hay, coal, and wood, and fix the fees 
 and duties of the persons authorized to perform the duties named 
 in this section; * . * * 
 
 Sec. 13-527 (al915). Appointment of weighers. — The mayor, by and 
 with the consent of the council, or the city commission, as the case 
 may be, may appoint a city engineer, * * * weighmaster, in- 
 spector and weigher of produce, * * *. But no officer shall be 
 appointed until his term of office and salary shall have been fixed by 
 ordinance ; * * * 
 
 Rev. Stats., 1923, ch. 14, Art. 1, p. 174. 
 
 Sec. 14-101 (al889). Cities of second class. — All cities now organized 
 and acting as cities of the second class, by virtue of the authority of 
 former acts, and all cities hereafter attaining a population of over 
 two thousand and not exceeding fifteen thousand inhabitants, shall 
 be governed by the provisions of this act; and whenever any city 
 shall have hereafter attained a population exceeding two thousand 
 inhabitants, and such facts shall have been duly ascertained and cer- 
 tified by the proper authorities of such city to the governor, he shall 
 declare, by public proclamation, such city subject to the provisions 
 of this act. 
 
 Sec. 14-426 (1872). Powers of council; enforce weighing of all com- 
 modities sold; cities of the second class. — The council may prescribe rules 
 for the weighing and measuring of every commodity sold in the city 
 in all cases not otherwise provided for by law, and may provide for 
 the inspection and weighing of hay, grain and coal, the measuring of 
 wood and fuel, and determine the place or places of the same, and 
 regulate and prescribe the place or places of exposing for sale hay, 
 coal and wood, and fix the fees and duties of the persons authorized 
 to perform the duties named in this section. 
 
 Rev. Stats., 1923, ch. 15, Art. 1, p. 204. 
 
 Sec. 15-441 (1883). Additional powers, cities of third class. — In addi- 
 tion to the other powers provided by law, the governing body of 
 cities of the third class may provide by ordinance for the inspection 
 and weighing of hay, grain, coal, cattle and hogs, and for the measur- 
 ing 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 weigh- 
 ing, appoint a weighmaster, and prescribe his duties and fees. The 
 council shall require such weighmaster to give a proper bond to the 
 city, for the faithful performance of his duties: Provided, That in 
 no case shall there be any greater charge made for weighing than 
 five cents for a single draft, 
 
278 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Rev. Stats., 1923, eh. 50, p. 756. 
 
 Sec. 50-131 (1899). Fraud in weight of shipment; penalty. — If any 
 person, company or corporation doing business in Kansas shall make 
 any agreement, expressed or implied, or by any understanding or com- 
 bination with any person, company or corporation within or without 
 the State, by which any shipper of seeds, grains, hay or livestock is 
 defrauded out of any portion of the net weight of any consignment 
 of grain, seeds, hay, or livestock, all such agreements or combina- 
 tions are hereby declared to be in restraint of trade, and any such 
 person, company or corporation shall be deemed guilty of a misde- 
 meanor, 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. 
 
 Rev. Stats., 1923, ch. 65, Art. 7, p. 1018. 
 
 Sec. 65-707 (1921). Ice cream, weight of.— * * * (E) (2) Ice 
 cream offered for sale or sold shall weigh not less than four and 
 three-quarters pounds per gallon. Violation of this provision shall 
 subject the offender to the penalties of this act. 
 
 Rev. Stats., 1923, ch. 65, Art. 6, p. 1014. 
 
 Sec. 65-602 (al907). Misbranding of weight on packages of food. — 
 
 * * * That any person who shall sell, keep for sale or offer for 
 sale, * * * any article of food * * * which is adulter- 
 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 imprisoned, 
 in the discretion of the court. 
 
 Sec. 65-608 (al909). Misbranding of weight on packages of food. — 
 
 * * * That for the purpose of this act an article shall also be 
 deemed to be misbranded — * * * in the case of foods : * * * 
 third, if in package form, and the contents are stated in terms of 
 weight, measure or quantity, the net weight, measure or quantity is 
 not plainly and correctly stated on the outside of the pack- 
 age; * * * 
 
 Rev. Stats., 1923, ch. 2, Art. 10, p. 9. 
 
 Sec. 2-1002 (al923). Commercial feeding stuff, net weight to be 
 marked. — Every lot or parcel of commercial feeding stuff sold, offered 
 or exposed for sale or distributed within this State shall have affixed 
 thereto a tag or label, in a conspicuous place on the outside thereof, 
 containing a legible and plainly printed statement in the English 
 language clearly and truly certifying: (a) The net weight of the 
 contents of the package, lot, or parcel ; (5) the name, brand, or trade- 
 mark; (c) the name and principal address of the manufacturer, or 
 person responsible for placing the commodity on the market ; * * * 
 
 Rev. Stats., 1923, ch. 47, Art. 5, p. 721. 
 
 Sec. 47-503 (1913). Live stock remedy to be marked with net con- 
 tents. — Every sack, box, carton, or other package of live stock 
 remedy sold, offered or exposed for sale, or distributed within this 
 State shall have a tag or label affixed thereto in a conspicuous place 
 
KANSAS 279 
 
 on the outside thereof bearing a legible and plainly printed state- 
 ment in the English language clearly and truly certifying : First, the 
 name and principal address of the manufacturer or person responsible 
 for placing such live stock remedy on the market ; second, the name, 
 brand, or trade-mark under which the live stock remedy is sold ; third 
 the minimum net contents of the sack, box, carton, or other package. 
 
 Rev. Stats., 1923, ch. 34, p. 568. 
 
 Sec. 34-101 (al919). State grain inspection department established. — 
 That a department of record for the inspection, sampling, sampling 
 for inspection and weighing of grain is hereby established, to be 
 called the State grain inspection department. Said department shall 
 have full charge of the inspection, sampling, sampling for inspec- 
 tion and weighing of grain at all railroad terminals, public ware- 
 houses and mills, 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 
 inspection and arrange that the officer in charge accept as full com- 
 pensation for his services an amount equal to the net revenue ob- 
 tained at such a place, or a guaranteed salary by the industries at 
 such station: Provided, That the owner may direct that his grain 
 may not be inspected by writing or stamping upon the bill of lading 
 thereof " No inspection desired," or words to that effect. 
 
 Rev. Stats., 1923, ch. 75, p. 1253. 
 
 Sec. 75-1701 (1907). Appointment of chief inspector. — It shall be the 
 duty of the governor to appoint a suitable person, to be confirmed 
 by the senate, who shall be known as) the chief inspector of grain 
 for the State of Kansas, whose term of service as such shall con- 
 tinue for two years from date of his appointment, unless removed 
 for cause. Said inspector shall not, directly or indirectly, be 
 interested in buying or selling grain, either on his own account or 
 for others, nor shall he be directly or indirectly interested in han- 
 dling or storing grain as a public warehouseman or on private ac- 
 count during his term of office. 
 
 Sec. 75-1703 (al921). Chief inspector and assistants; duties. — The 
 chief inspector shall be authorized to recommend to the governor 
 suitable inspector and supervising inspector, who shall be qualified to 
 superintend the work of the inspectors and other emploj^ees and 
 assist the chief inspector in the executive duties of the department. 
 The chief inspector shall be authorized to recommend to the gov- 
 ernor a suitable person as a supervising weighmaster who shall be 
 qualified to superintend the work of the weighmasters at the various 
 inspection points within the State. The chief inspector shall be au- 
 thorized to recommend to the governor suitable and qualified persons 
 as assistant inspectors or assistant weighmasters to be acting inspec- 
 tors or weighmasters, in the absence of the chief inspector, who shall 
 not be interested in any public or private grain warehouse, or in 
 buying or selling of grain, either directly or indirectly, and also such 
 other employees as may be necessary to properly conduct the business 
 of his office; and the governor shall be authorized to make such ap- 
 pointments, if found by him to be necessary. 
 
280 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Kev. Stats., 1923, ch. 34, p. 568. 
 
 Sec. 34-102 (al921). Powers and duties of chief inspector. — It shall 
 be the duty of the chief inspector to have a general supervision of 
 the inspection, sampling, sampling for inspection and weighing of 
 grain, as required by this act or the laws of the State; to supervise 
 the handling, inspection, sampling, sampling for inspection and 
 weighing and storage of grain; to establish necessary rules and regu- 
 lations therefor, and for the management of the public warehouses of 
 the State, as such rules and regulations may be necessary to enforce 
 the provisions of this act or any law of this State in regard to the 
 same; to keep proper records of all the inspection, sampling, sam- 
 pling for inspection and weighing done into and out of warehouses 
 licensed by law to do business in this State, for which purpose 
 he shall have provided books, blanks and other material needed in 
 order to keep perfect and proper records. He shall investigate all 
 complaints of fraud or oppression in the grain trade, and correct 
 the same so far as may be in his power. It is hereby declared un- 
 lawful for boards of trade, chambers of commerce, or any civic or 
 commercial organizations of similar character, to have charge of 
 weighing or issue certificates of weight on grain at any point within 
 the State. All certificates of weight, except those issued by private 
 industries for the purpose of making settlement with their own cus- 
 tomers, shall be issued by officials or employees of the Kansas State 
 grain inspection and weighing department, on the regular form of 
 weight certificate adopted and approved by the chief inspector. All 
 scales over which official State weights of carlots of grain are taken 
 shall be equipped with type-registering beams, in order that an 
 original punched scale ticket may be taken of each draft weighed. 
 The original punched scale tickets shall become the property of the 
 Kansas State grain inspection and weighing department, and shall 
 be filed as a record of the weight. It is hereby declared unlawful 
 for any person, company or corporation to install or continue to 
 maintain at any elevator, mill or warehouse where official State 
 weights are given, any blower, suction fan, cleaner or other device 
 for the purpose of removing dirt, seeds, sticks, chaff or any like sub- 
 stance from grain unloaded into said elevator, mill or warehouse 
 before the grain has been officially weighed. It is hereby declared to 
 be unlawful for any person, persons, firm or corporation to in any 
 manner change or alter an official State inspection or weight certificate 
 after it has been issued. Where an official State weight certificate has 
 been issued on any lot of grain the purchaser must make settlement on 
 the basis of the amount of grain shown on the said weight certifi- 
 cate. Any person, persons, firm or corporation, who shall violate 
 the provisions of this act shall be deemed guilty of a misdemeanor 
 and upon conviction shall be fined a sum not less than one hundred 
 dollars or more than five hundred dollars or imprisoned in the county 
 jail for a period of not less than thirty days or more than one year 
 or both fine and imprisonment. 
 
 Sec. 34-103 (al920). Fees; collection of fees; penalty for refusing 
 officers access to scales, elevators, etc. — That the fees for services of the 
 officers of the department shall not exceed the following, but may be 
 reduced by the chief inspector when in his judgment such reduced 
 fees will pay the running expenses of this department : For inspect- 
 
KANSAS 281 
 
 ing or sampling each carload, and moisture tests, one dollar; for 
 inspecting each wagon or cart load, ten cents ; for weighing in or out 
 of elevators or warehouses, one dollar per car; duplicate certificates 
 ordered after service is performed, ten cents; extra moisture tests, 
 twenty -five cents; extra samples, twenty-five cents. The chief in- 
 spector shall have the power to fix the manner in which the fees shall 
 be collected. In case any persons, warehouse or railroad corporation 
 or any of their agents or employees shall refuse or prevent the 
 officers of the department from having access to their scales, ele- 
 vators, warehouses and other places in the regular performance of 
 their duties in inspecting, sampling, sampling for inspection and 
 weighing grain or other property in accordance with the tenor and 
 meaning of this act or any other law now in force or that may be 
 enacted in relation to the same, such persons or corporations shall be 
 guilty of a misdemeanor. 
 
 Sec. 34-104 (1915). Charges for inspection, sampling and weighing 
 of grain in transit treated as advanced charges and paid by carrier. — That 
 the charges for inspection, sampling and weighing of grain so in- 
 spected, sampled or weighed, and whenever such grain is in transit 
 the said charges shall be treated as advanced charges, shall be col- 
 lected and paid by the common carrier in whose possession the same 
 is at the time of such inspection, sampling or weighing. 
 
 Sec. 34-105. Neglect of duty; inspecting, grading or weighing grain 
 improperly; accepting money for such neglect of duty, etc.; punish- 
 ment. — That any duly authorized chief inspector, assistant inspector 
 or weighmaster of grain under this act who shall be guilty of 
 neglect of duty, or who shall knowingly or carelessly inspect, grade 
 or weigh any grain improperly, or who shall accept any money 
 or other valuable consideration, directly or indirectly, for any 
 neglect of duty as such grain inspector, assistant inspector or weigh- 
 master, shall be deemed guilty of a misdemeanor, and on convic- 
 tion shall be fined in the sum of not less than five hundred dollars 
 nor more than one thousand dollars, or shall be imprisoned in the 
 county jail not less than six months nor more than twelve months, 
 or both such fine and imprisonment, in the discretion of the court, 
 and upon conviction of any such offense, such chief inspector, assist- 
 ant inspector or weighmaster shall forfeit his office. 
 
 Sec. 34-107. Chief inspector, assistants, etc., to have exclusive control 
 of inspection, etc., where inspection established; certificate of officer 
 conclusive unless appealed from. — That the chief inspector and assist- 
 ants and officers of the grain inspection department shall have ex- 
 clusive control of the inspection, sampling, sampling for inspection 
 and weighing of grain in all places where inspection, sampling, 
 sampling for inspection or weighing is or shall be established under 
 this act; the action and certificate of such officer shall be conclusive 
 to all parties interested, unless appealed from as provided by law. 
 
 Sec. 34-113 (1905). Weight to be furnished shipper.— That any 
 shipper of grain, which grain has been weighed by the grain inspec- 
 tion department of this State, may, on request in writing to the 
 chief inspector and enclosing a stamp for reply, receive, and it shall 
 be the duty of the chief inspector to furnish such shipper, free of 
 charge, the weight of any such grain, by forwarding to him 
 promptly a statement showing such weights: Provided, That such 
 
282 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 written request shall set forth the number and initials of the cars, 
 the weights of which are so desired. 
 
 Sec. 34-114 (1921). Track and hopper scales, testing of; fees. — All 
 track and hopper scales in the State over which grains are officially 
 weighed shall be tested by a qualified scale expert in the employ of 
 the Kansas grain inspection and weighing department. The fee for 
 such test shall be fifteen dollars, which fee shall be paid by the in- 
 dustry for which the test is made, but in no case shall the fees ex- 
 ceed thirty dollars for any scale during one year: Provided, how- 
 ever, That any party interested in the weighing of grain over any 
 scale may request a test at any time and upon such request the chief 
 inspector shall cause such test to be made. If the scale is found 
 incorrect the fee for the test shall be paid by the owner otherwise 
 by the party requesting the test. The fees for the above shall be 
 paid to the chief inspector and by him remitted to the State treas- 
 urer and credited to the Kansas State grain inspection revolving 
 fund in the same manner as other fees collected : Provided, No fee 
 shall be collected from any railroad company owning and maintain- 
 ing its own scales. 
 
 Sec. 34-115. Track scale, purchase of authorized. — The chief grain 
 inspector is hereby authorized to purchase under the direction and 
 with the approval of the executive council of the State a railroad 
 scale test car, for testing track and hopper scales. The cost of said 
 scale test car shall be paid for out of the grain revolving fund in 
 the same manner as the other expenses of the grain inspection and 
 weighing department. 
 
 Sec. 34-116 (1923). Transportation of scale test-weight car and scale 
 inspector. — Whereas, it is necessary to convey by railway the scale 
 test-weight car of the Kansas State grain inspection and weighing 
 department from place to place, to correct scales of the grain indus- 
 try of the State, so as to obtain correct weights for weighing grain 
 and other commodities ; and the railroads of the State receive a good 
 and valuable consideration because of the correction of the weights 
 of the grain and commodities weighed and transferred over their 
 lines; and that no charge therefor should be made by the railroads 
 for hauling and transferring said car and that the railroads shall 
 furnish free transportation for the scale inspector or his assistant. 
 
 Sec. 34-117. Duty to make such transportation. — That all railroads 
 in the State shall be and are hereby required to haul and transfer 
 on their lines or railroads the scale test-weight car of the Kansas 
 State grain inspection and weighing department free of charge there- 
 for, and furnish free transportation to the State scale inspector of 
 scales or his assistant or deputy, from place to place, as directed by 
 the chief grain inspector of the State. 
 
 Sec. 34-118 (1921). Scale test car, free movement of. — Every rail- 
 road or common carrier shall transport, move and switch to any 
 track or hopper scale in the State over which the Kansas State 
 grain inspection and weighing department issues official weights, 
 free of charge, on application of the chief grain inspector or his 
 authorized agent, any scale test car used by the State for testing 
 track or hopper scales. 
 
 Sec. 34-213 (al921). Inspection of warehouse scales; penalty for use 
 of incorrect scales. — * * * and all scales used for weighing of prop- 
 
KANSAS 283 
 
 erty in terminal or local public warehouses shall be subject to exami- 
 nation and test by any duly authorized inspector, weighmaster or 
 sealer of weights and measures, at any time when required by any 
 person or persons, agent or agents, whose property has been or is to 
 be weighed on said scales. Any terminal public warehouseman or 
 local public warehouseman who may be guilty of continuing to use 
 scales found to be in an imperfect and incorrect condition by said 
 examination and test, until the same have been pronounced correct 
 and properly sealed, shall be liable to be proceeded against as here- 
 inafter provided. 
 
 Sec. 34-220 (1921). Grain standard bushel. — No person purchasing, 
 selling, or storing grain in any terminal public warehouse or local 
 public warehouse in this State, as the same is now or may be hereafter 
 defined by law, shall use any other measure for such grain than the 
 standard bushel, and no other number of pounds shall be used or 
 called a bushel than the number of pounds provided by law as the 
 standard weight of the kind of grain in question. 
 
 Sec. 34-315 (1917). Weighing. — That the State grain inspector shall 
 cause all hay and straw inspected under the provisions of this 
 act to be weighed by his department at such places as may be pre- 
 scribed by the rules and regulations established by the State grain 
 inspector : Provided, That the fee for such weighing shall not exceed 
 fifty cents per car. 
 
 Rev. Stats., 1923, ch. 66, p. 1037. 
 
 Sec. 66-250 (1893). Track scales. — That each and every railway 
 company operating a railway wholly or partly within this State 
 shallj on or before the first day of July, A. D. 1893, construct and 
 provide, and thereafter keep and maintain in good order, a track or 
 car scale of sufficient capacity and suitable for weighing grain in 
 carload lots and in the car, at each and every town or station upon 
 its line of railway or the line of railway operated by it, from which 
 the aggregate of grain shipments on all railways shall be one hun- 
 dred cars or more of grain and seeds during the year 1892. 
 
 Sec. 66-251. Points entitled to scales; proviso; railway may accept 
 shipper's weights. — Any town or station not now entitled to track 
 scales under this act, but from which there shall hereafter be 
 shipped in any calendar year one hundred cars or more of grain, 
 seeds or hay, shall be entitled to the benefits of this act; and any 
 railway company operating a railway upon which such town or 
 station is located shall construct, provide, keep and maintain a track 
 or car scale at such town or station, as provided by section one, 
 within six months after the expiration of such calendar year: Pro- 
 vided, however, That any railway company may elect to accept the 
 weights of any public weigher, or the weights of the shipper, and 
 shall have the right to demand that the weights of such shipper 
 shall be verified by affidavit; and in case they so elect, shall not be 
 required to put in scales, and shall not be liable to the penalties pre- 
 scribed in this act for failure to put in scales. 
 
 Sec. 66-252. Other stations. — At stations not entitled to car scales 
 by the provisions of this act it shall be the duty of such railway 
 company to weigh at one of the stations nearest to such station 
 having no such scales, and such cars before and after loading, and to 
 
284 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 give to such shipper a like receipt as provided in section 6 of this 
 act: Provided, That such weighing before loading may be on one 
 side of the point of shipment, and after loading on the other side 
 of the point of shipment. 
 
 Sec. 66-253. Manner of weighing. — Each railway company operat- 
 ing a railway at any station or town in this State entitled to track 
 scales under this act shall correctly weigh all cars immediately 
 before and immediately after being loaded with grain, seeds or hay, 
 said cars to be detached from engine and other cars when weighed, 
 and such weighing to be done in the presence of the shipper of such 
 grain or seeds, if so demanded by him. 
 
 Sec. 66-254. Fees. — Such railway company shall be entitled to collect 
 and receive from the person shipping such grain, seed or hay, the sum 
 of twenty-five cents for each car of such grain or seed so weighed, as 
 compensation for such weighing. 
 
 Sec. 66-258. Penalty. — Any railway company neglecting for six 
 months after the taking effect of this act to put in the car scales 
 heretofore provided for shall be liable to a penalty of one hundred 
 dollars per day for each station at which such neglect occurs, until 
 the same is put in as herein provided. 
 
 Sec. 66-260 (1923). Card giving weight of grain in car. — That every 
 shipper of grain from any point in the State of Kansas shall fasten 
 upon the inside of each car shipped by him a card giving car number, 
 initial, date of shipment, and the exact weight of grain in such car 
 as claimed by shipper. If he fails so to do, the official weight shall 
 be prima facie evidence of the quantity of grain shipped in the car. 
 
 See. 66-279 (1913). Railroads maintain scales for weighing live 
 stock. — It shall be the duty of every railway company or corporation 
 owning or operating a line or railway in this State, to construct 
 and maintain scales for the weighing of live stock at all stations 
 where live stock is received for shipment: Provided, This act shall 
 not apply to stations receiving for shipment less than fifty cars of 
 live stock per annum for the two years last past. 
 
 Sec. 66-2114 (1905). Railway to weigh cars of coal. — That each and 
 every railway company operating a railway wholly or partly within 
 this State shall weigh each and every car of coal intended for ship- 
 ment over their line before and after being loaded. 
 
 Sec. 66-2115. Manner and time of weighing. — The empty car or cars 
 to be loaded shall be detached from the engine and other cars and 
 weighed within twenty-four hours before loading, and after the said 
 car is loaded it shall be detached from the engine and other cars 
 and weighed within forty-eight hours after being loaded. 
 
 Sec. 66-2116. Certificate of weight. — A certificate of the weights of 
 each car so weighed, showing the date of weighing said car empty 
 and the weight of same, and the date of weighing said car loaded 
 and the weight of same, and the net weight and number of the said 
 car, shall be issued by the weighmaster and attached to the way bill 
 covering the said shipment. At the destination this certificate shall 
 be attached to the freight expense bill and shall become a part of the 
 same, and shall be delivered to the consignee on the payment of all 
 the freight charges. 
 
 Sec. 66-2117. Weighmasters ; oath, bond; penalty for violation by 
 weighmaster. — A competent weighmaster shall be employed by said 
 
KANSAS 285 
 
 railway companies, and said weighmaster shall subscribe an oath 
 or affirmation before an authorized officer and give good and suffi- 
 cient bond in the sum of one thousand dollars to his employer that 
 he will perform his duties in accordance with this act in every 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 be 
 punished by a fine of not less than one hundred nor more than five 
 hundred dollars for each offense, or by imprisonment in the county 
 jail not exceeding six months, or by both said fine and imprisonment. 
 Sec. 66-2118. Penalty for violation by railway company. — Any rail- 
 way company neglecting to weigh coal as provided by this act shall 
 be liable to a 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. 
 
 Rev. Stats., 1923, ch. 49, p. 745. 
 
 Sec. 49-241 (al913). Unlawful to sell, offer for sale, etc., at any coal 
 mine any black powder except in original twenty-five pound packages. — 
 It shall be unlawful for any individual, firm or corporation to sell, 
 offer for sale or deliver for use at any coal mine or coal mines in 
 the State of Kansas black powder in any manner except in original 
 packages containing twenty-five pounds of powder, said packages 
 to be securely sealed: Said powder to be delivered by the company 
 to the miner at his switch. 
 
 Sec. 49-301 (1893). Weighing of coal at mine.— It shall be unlawful 
 for any mine-owner, lessee or operator of coal mines in this State, 
 employing miners at bushel or ton rates or other quantity, to pass 
 the output of coal mined by said miners over any screen or other 
 device which shall take any part from the value thereof before the 
 same shall have been weighed and duly credited to the employes 
 and accounted for at the legal rate of weights as fixed by the laws 
 of Kansas. 
 
 Sec. 49-302. Weighman, oath; penalty for violation. — The weigh- 
 man employed at any mine shall subscribe an oath or affirmation, 
 before a justice of the peace or other officer authorized to administer 
 oaths, to do justice between employer and employee, and to weigh the 
 output of coal from mines in accordance with the provisions of sec- 
 tion one of this act. Said oath or affirmation shall be kept conspicu- 
 ously posted in the weigh-office, and any weigher of coal or persons 
 so employed who shall knowingly violate any of the provisions of 
 this act shall be deemed guilty of a misdemeanor, and upon convic- 
 tion 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. 
 
 Sec. 49-303. Check-weighman. — The miners employed by or en- 
 gaged in working for any mine-owner, operator or lessee in this State 
 shall have the privilege, if they so desire, of employing at their own 
 expense a check-weighman, who shall have like rights and privileges 
 in the weighing of coal as the regular weighman, and be subject to 
 the same oath and penalties as the regular weighman. 
 
 Sec. 49-304. Penalty for fraudulent use of scales. — Any person or 
 persons having or using any scale or scales for the purpose of weigh- 
 
286 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ing the output of coal at mines, so arranged or constructed that 
 fraudulent weighing may be done thereby, or who shall knowingly 
 resort to or employ any means whatever by reason of which such 
 coal is not correctly weighed, and reported in accordance with the 
 provisions of this act, shall be deemed guilty of a misdemeanor, and 
 shall upon conviction for each offense be punished by a fine of not 
 less than two hundred dollars nor more than five hundred dollars, 
 or by imprisonment in the county jail for a period not to exceed sixty 
 days or by both such fine and imprisonment. 
 
 Sec. 49-305 (1893). Contracts, agreements, etc., waiving, modifying 
 or annulling provisions of sec. 49-301, ante, void and of no effect; coal 
 sent to surface shall be accepted or rejected; weighed, etc., when 
 accepted. — Any provisions, contract or agreement between mine own- 
 ers or operators thereof and the miners employed therein whereby 
 the provisions of section 1 of this act are waived, modified, or an- 
 nulled, shall be void and of no effect ; and the coal sent to the surface 
 shall be accepted or rejected, and if accepted shall be weighed in 
 accordance with the provisions of this act; and right of action shall 
 not be invalidated by reason of any contract or agreement. 
 
 Sec. 49-306. Provisions of act apply to loaders in mines where mining 
 done by machinery; output to be weighed in accordance with provisions 
 of this act. — The provisions of this act shall also apply to the class of 
 workers in mines known as loaders, engaged in mines wherein 
 mining is done by machinery. Whenever the workmen are under 
 contract to load coal by the bushel, ton, or any quantity the settle- 
 ment of which is had by weight, the output shall be weighed in 
 accordance with the provisions of this act. 
 
 Sec. 49-307 (1903). Inspection of scales at mines; penalty. — That the 
 secretary of mine industries of the State of Kansas shall be ex officio 
 inspector of weights, measures and scales used at coal mines, and he 
 or his deputies are hereby empowered, and it shall be his or their 
 duty, to test the scales used to weigh coal mined in the mines of this 
 State at least once every six months, to ascertain whether or not 
 such scales correctly measure the weight of such coal ; and if defects 
 or irregularities are found in such scales which prevent correct 
 weights and measurements, the inspector shall call the attention of 
 the mine owner, agent or operator to said defects, and direct that 
 the same be at once properly adjusted and corrected. If the owner, 
 agent or operator of any coal mine in this State shall refuse to allow 
 such inspector or his deputies to properly test the scales used at such 
 mine or mines, or shall fail or refuse to put such scales in proper 
 adjustment and condition, so that the same shall correctly weigh the 
 coal mined, after being notified by said inspector or his deputy so to 
 do, such owner, agent or operator shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined not exceeding 
 five hundred dollars, or be confined in the county jail not exceeding 
 six months, or both, in the discretion of the court; and it shall be 
 the duty of the presecuting [prosecuting] attorneys in the respective 
 counties to prosecute any person, firm or corporation violating the 
 provisions of this section, the same as in other misdemeanor cases. 
 
KENTUCKY 
 
 Carroll's Stats., 1922, ch. 134, p. 2296. 
 
 Sec. 4815°. Standard. — The weights, measures and balances received 
 from the Government of the United States, now in the custody of 
 the secretary of state, shall continue in the custody of that officer, and 
 shall be the standard of weights and measures in this State. 
 
 Sec. 4816. Duplicates furnished counties. — The governor shall cause 
 duplicates of those weights, measures and balances to be made for 
 such counties as may not have the same; and upon his written cer- 
 tificate of the cost, the auditor shall give a warrant on the treasury 
 therefor. 
 
 Sec. 4819a (1906). Milling; standard measure required; penalty for 
 failure. — It shall be unlawful for any person, commission merchant, 
 miller, dealer, grain inspector, corporation, company, firm or asso- 
 ciation, either by himself, itself, officer, agent or employee, 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. It shall likewise be un- 
 lawful to use anything other than a straight stick with the edges 
 square for leveling the wheat in said half-bushel measure for the 
 purpose of testing the weight, grade, milling or market value of 
 wheat : Provided, That the provisions of this section shall not apply 
 to wheat or grain that is inspected or graded by the carload under 
 the regulations of any board of trade. Any person violating any of 
 the provisions of this section shall, on conviction, be fined not less 
 than ten dollars ($10.00) nor more than one hundred dollars 
 ($100.00), to which may be added imprisonment in the county jail 
 not exceeding six months. 
 
 Sec. 4820°. Hundredweight; ton. — The hundredweight shall consist 
 of one hundred pounds avoirdupois, and two thousand such pounds 
 shall constitute a ton ; and all contracts hereafter made shall be con- 
 strued accordingly, unless the contrary be stipulated. 
 
 Sec. 4821 (al894). Bushel; weight of different articles; legal weights 
 per bushel of certain produce. — The following weights shall constitute 
 a bushel of each article named, respectively. 1 
 
 Pounds 
 Wheat 60 
 
 Shelled corn 56 
 
 Corn in the ear, 70 pounds from 
 the first of November to the first 
 of May following, and from first 
 of May to the first of November 
 following 68 
 
 Pounds 
 
 Corn, 2 ear, in the shuck 75 
 
 Rye 56 
 
 Oats, shelled 32 
 
 Barley 47 
 
 Irish potatoes 60 
 
 Sweet potatoes 55 
 
 White beans 60 
 
 1 For convenience in printing a slight change has been made in arrangement of these 
 articles. 
 a See acts, 1924, ch. 5 sec. 1, Immediately following this section. 
 
 517—26 19 287 
 
288 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 
 Stone coal 3 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 
 
 Hempseed 44 
 
 Pounds 
 
 Castor beans 45 
 
 Clover seed 60 
 
 Timothy seed 45 
 
 Flaxseed 56 
 
 Millet seed 50 
 
 Peas 60 
 
 Blue-grass seed 14 
 
 Buckwheat 56 
 
 Dried apples 24 
 
 Dried peaches 39 
 
 Onions 57 
 
 Bottom onion sets 36 
 
 Salt 50 
 
 Acts, 1924, ch. 5, p. 8. 
 
 Sec. 1. Bushel of corn, weight. — The standard weight of a bushel of 
 ear corn in the shuck shall be seventy-five pounds avoirdupois. 
 
 Carroll's Stats., 1922, ch. 134, p. 2296. 
 
 Sec. 4822 (1869-70). Irish potatoes, pounds to barrel. — One hundred 
 and sixty pounds net of Irish potatoes shall constitute a merchant- 
 able barrel. 4 
 
 Sec. 4823. Coal, penalty for selling unscreened for screened. — Any per- 
 son selling unscreened coal for screened coal shall be subject to a fine 
 of not less than five ($5.00) nor more than twenty dollars ($20.00), 
 recoverable by warrant before a justice of the peace. 
 
 Sec. 4823a (1898). Hemp; hundredweight; ton. — That the 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 ($100.00) 
 nor more than five hundred dollars ($500.00) for each offense. 
 
 Sec. 4823b-l (1920). Standard weight of corn meal, grits, hominy and 
 corn flour. — That the standard weight for corn meal, grits, hominy 
 and corn flour shall be one hundred pounds avoirdupois, and the 
 standard measure for such commodities shall be packages contain- 
 ing net avoirdupois weight one pound, two pounds, three pounds, four 
 pounds, five pounds, ten pounds, twenty-five pounds, fifty pounds, 
 and one hundred pounds, or multiples of one hundred pounds. 
 
 Sec. 4823b-2. — That it shall be unlawful for any persons to pack 
 for sale, sell or offer for sale in this State, any corn meal, grits, 
 hominy or corn flour, except in bags or packages containing by 
 standard net avoirdupois weight one pound, two pounds, three pounds, 
 four pounds, five pounds, ten pounds, twenty-five pounds, fifty 
 pounds and one hundred pounds, or multiples of one hundred 
 pounds, respectively. Each bag or package shall have plainly and 
 legibly printed or marked thereon the net weight of contents thereof, 
 in pounds avoirdupois, and such weights shall be a true and correct 
 statement thereof: Provided, however, That the provisions of this 
 section shall not apply to the retailing of meal direct to consumers 
 from bulk stock when purchased and delivered by actual weight or 
 measure, or to exchange of corn for meal by mills grinding for toll, 
 and that nothing herein contained shall be held to apply to any 
 
 8 The term coal includes anthracite, cannel, bituminous, and other mined coal. 
 4 See footnote, p. 20, relative to Federal standard barrel law. 
 
KENTUCKY , 289 
 
 cereal product packed and distributed as a specialty, in identified 
 original packages, the net contents of which weigh less than five 
 pounds avoirdupois. 
 
 Sec. 4823b-3. — That any violation of this act shall be a misde- 
 meanor and, upon conviction, the offender shall be fined not less than 
 twenty-five ($25.00) nor more than five hundred dollars ($500.00) 
 for each offense. 
 
 Carroll's Stats., 1922, ch. 89, p. 1350. 
 
 Sec. 2755 (1893). Inspector of weights and measures; salary; pen- 
 alty. — The general council [of cities of the first class, Louisville] 
 shall, by ordinance, provide suitable penalties for the punishment of 
 persons who knowingly use defective or imperfect weights and meas- 
 ures, and may provide for an inspector or inspectors of weights and 
 measures. He shall have exclusive power to inspect weights and 
 measures in the city, and he shall be paid a salary by the city. No 
 fees shall be charged or received for such services. Nothing in this 
 section shall be construed so as to interfere with the term of office or 
 fees of the present sealer of weights and measures for Jefferson 
 County. 
 
 Sec. 3058 (1906). General council; ordinances and powers of council 
 generally. — The general council [of cities of the second class (Lexing- 
 ton, Covington, Newport, and Paducah)] shall have power by ordi- 
 nance — ■ 
 
 Sec. 3058-11. Weights and measures. — To establish and regulate the 
 standard of weights and measures to be used in the city, and to pro- 
 vide for the inspection of all weights and measures, and to compel 
 dealers in all kinds of coal to weigh the same on public scales, and to 
 establish, license, tax and regulate public scales, and the charges for 
 the use of the same ; to make provisions for the inspection and meas- 
 urement of lumber and other building material ¥ * *; for the 
 inspection and weighing or measuring hay, coal, charcoal, firewood, 
 and all other kinds of fuel to be used in the city ; for the inspection 
 of butter, cheese, milk, larcl and all other provisions; for regulating 
 the weight and quality of bread : Provided, That nothing herein shall 
 be so construed as to authorize an inspection of any article enumer- 
 ated in this subdivision which is to be shipped beyond the limits of 
 the city, except at the request of the owner thereof ; * * * 
 
 Sec. 3290 (1914). Council; power by ordinance; weights and measures; 
 inspection and measurement of lumber; inspection and weighing of stone, 
 coal, hay and grain. — The common council of each of said cities [of 
 the third class, Owensboro, Henderson, Frankfort, Bowling Green, 
 Middlesboro, Hopkinsville, Ashland, Maysville, and Corbin] shall, 
 within the limitations of the constitution of the State and this act, 
 have power by ordinance : * * * 
 
 17. To establish standard weights and measures to be used in the 
 city. 
 
 18. To provide for the inspection and measuring of lumber and 
 other building materials. 
 
 19. To provide for the inspection and weighing or measuring of 
 stone, coal, wood and fuel, hay, corn and other grain, and produce 
 of all kinds. 
 
 Sec. 3490 (1893). General powers of the council; public scales; public 
 weigher; weights and measures; coal weighed; oil inspected. — The board 
 
290 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of council [of cities of the fourth class — Shelbyville, Richmond, Win- 
 chester, Dayton, Paris, Catlettsburg, Danville, Mt. Sterling, George- 
 town, Versailles, Harrodsburg, Bellevue, Cynthiana, Mayfield, Leb- 
 anon, Ludlow, Nicholasville, Pineville, Madisonville, Princeton, Ful- 
 ton, Lawrenceburg, Russelville, Carrollton, Central City, Franklin, 
 Barboursville, Providence, Morganfield, Pikeville, Somerset, Mur- 
 ray, Harlan, Elizabethtown, Jackson, Hazard, Highland Park, Hick- 
 man, Scottsville, Earlington, Olive Hill, Irvine, Marion, Clifton 
 and Fort Thomas], in addition to other powers herein granted, shall 
 have power within the city : * * * 
 
 18. To erect and keep in repair accurate public scales, and to ap- 
 point a public weigher or weighers to attend to the same, and to fix 
 fees and compensation for his services; to establish standard weights 
 and measures, and to regulate the weights and measures to be used in 
 the city in all cases where the same are not provided for by law. 
 
 19. To pass ordinances requiring all coal sold and to be delivered 
 in or out of the city to be weighed by the public weigher, and to fix 
 adequate penalties for the violation of the same. * * * 
 
 Sec. 3820. City weigher. — The city council [of cities of the fifth 
 class] may appoint * * * a city weigher * * * for a term 
 of two years, but either may be removed at the pleasure of the 
 council. 
 
 Sec. 3685. Town weigher. — The board of trustees of towns [of the 
 sixth class] may appoint a * * * town weigher, and town physi- 
 cian, each of whom shall hold office for two years, but may be removed 
 at the pleasure of the board of trustees. * * * 
 
 Carroll's Stats., 1922, ch. 46a, p. 772. 
 
 Sec. 1719a-l (1906). Commercial feeding stuffs to be labeled; what 
 label shall state. — Every bag, barrel or other package of concentrated 
 commercial feeding stuff, 5 manufactured, sold, offered or exposed for 
 sale in, or imported into, this State, shall have securely attached a 
 tag or label, and plainly printed thereon the number of net pounds 
 of concentrated commercial feeding stuff in the package, the name, 
 brand or trademark under which the concentrated commercial feed- 
 ing stuff is sold ; the name and address of the manufactured * * * 
 Provided, That all concentrated commercial feeding stuffs shall be 
 in standard weight bags or packages of no other than fifty, one 
 hundred, one hundred and fifty, or two hundred pounds each, or less 
 than fifty pounds, or sold in bulk. * * * 
 
 Carroll's Stats., 1922, ch. 50, p. 807. 
 
 Sec. 1822-1 (1898). Sample to be furnished director of experiment 
 station before sale. — In each year, before any person or company shall 
 sell, offer or expose for sale in this State any commercial fertilizer, 
 said person or company shall furnish to the director of the agri- 
 cultural experiment station of the Agricultural and Mechanical Col- 
 lege of Kentucky, which station is hereby recognized as the " Ken- 
 tucky agricultural experiment station," a sealed quantity of such 
 commercial fertilizer, not less than one pound, sufficient for analysis, 
 accompanied by an affidavit that the sample so furnished is a fair 
 and true sample of a commercial fertilizer which the said person 
 
 6 See sec. 1719a-2 for definition. 
 
KENTUCKY 291 
 
 or company desires to sell in this State, and said affidavit shall also 
 state the name and address of the manufacturer, the name of the 
 fertilizer, the number of net pounds in each package * * *. 
 
 Sec. 1822-2 (al904). labels containing analysis furnished by direc- 
 tor. — The director of said experiment station, upon receipt of 
 affidavit and sample as provided for in section one, * * * shall 
 issue to said person or company a sufficient number of labels, to tag 
 not less than twenty (20) tons of said fertilizer, in which label shall 
 be printed the name and address of the manufacturer, the name of 
 the fertilizer, the number of net pounds in each package, * * * 
 
 Sec. 1822-3 (1894). Penalty for violation of law. — Every bag or 
 other package or quantity of any commercial fertilizer, in any shape 
 or form whatever, sold or offered for sale in this State, shall have 
 attached to it in a conspicuous place a label as provided in section 2. 
 
 Carroll's Stats., 1922, ch. 53a, p. 839. 
 
 Sec. 1905a-32 (1916). Unpacked apples in barrels; size of standard 
 barrel. — This act [specifying standard grades and regulating the 
 packing of apples] shall not apply to unpacked apples actually trans- 
 ported in barrels to storage within this State until the same are 
 removed from storage for the purpose of marketing, sale, trans- 
 portation or distribution. The standard barrel 6 for apples shall 
 be of the following dimensions when measured without distention 
 of its parts: Length of stave, twenty-eight and one-half inches; 
 diameter of head, seventeen and one-eighth inches ; distance between 
 heads, twenty-six inches; circumference of bulge, sixty- four inches 
 outside measurement, representing as nearly as possible seven thou 
 sand and fifty-six cubic inches: Provided, That steel barrels con- 
 taining the interior dimensions provided for in this section shall 
 be construed as a compliance therewith. 
 
 Sec. 1905ar-46 (1918). Weights and samples of milk and cream. — That 
 it shall be unlawful for any hauler of milk or cream or other person, 
 or creamery, or other milk plant or agent, receiving milk or cream 
 by weight or test or by weight and test, to fraudulently manipulate 
 the weights of milk or cream of any patron, or to take unfair samples 
 thereof, or to fraudulently manipulate such samples. The hauler 
 shall weigh the milk or cream of each patron accurately and cor- 
 rectly and shall report such weights accurately and correctly to the 
 factory. He shall thoroughly mix the milk or cream of each patron 
 by pouring and stirring until such milk or cream is aniform and 
 homogeneous in richness, before the sample is taken from such milk 
 or cream. When the weighing or sampling of the milk or cream of 
 each patron is done at the creamery, shipping station or other fac- 
 tory, firm, corporation or individual buying and paying for milk or 
 cream on the basis of the butterfat contained therein, the same rule 
 shall apply. 
 
 Sec. 1905a-47. Glassware for testing milk and cream for butterfat. — 
 Every person, firm, company, association, corporation or agent 
 thereof, buying and paying for milk or cream on the basis of amount 
 of butterfat contained therein as determined by the Babcock test, 
 shall use standard Babcock test bottles, pipettes and weights, and 
 accurate scales, as defined in section 13 [sections 1905a-57 to 1905a- 
 
 6 See note, p. 20, relative to the Federal standard barrel. 
 
292 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 59, inclusive] of this act, and all Babcock test bottles, pipettes and 
 weights shall have been inspected for accuracy by the Kentucky Ag- 
 ricultural Experiment Station, or its deputy, and shall be legibly and 
 indelibly marked by the said Kentucky Agricultural Experiment 
 Station, or its deputy, with the letters " S. G. K." (Standard Glass- 
 ware, Kentucky). No bottle, pipette or weight shall be used for such 
 test unless so examined and marked by said Kentucky Agricultural 
 Experiment Station. It shall be unlawful for any person, firm, com- 
 pany, association, corporation, or any of their agents, to use any 
 other than standard test bottles, pipettes and weights which have 
 been examined and marked as provided in this section, to determine 
 the amount of fat in the milk or cream bought and paid for on the 
 butterfat basis. 
 
 Sec. 1905a-48. Unlawful tests. — It shall be unlawful for any person, 
 firm or corporation, by himself or as the officer, servant, agent or 
 employee of any person, firm or corporation, buying and paying for 
 milk or cream on the basis of the amount of fat contained therein, 
 to underread, overread or otherwise fraudulently manipulate the Bab- 
 cock test used for determining the per cent of fat in milk or cream, 
 or to falsify the record thereof, or to read the test at any temperature 
 except the correct temperature, which is 135 degrees to 140 degrees 
 Fahrenheit, or to pay on the basis of any measurement or weight 
 except the true measurement or weight, which is seventeen and six- 
 tenths (17.6) cubic centimeters for milk and nine (9) grams for 
 cream. This section further provides that in all tests the cream shall 
 be weighed into the test bottles. 
 
 Sec. 1905a-49. License for the tester. — Every creamery, shipping 
 station or other factory, or person, or agent, receiving, buying and 
 paying for milk or cream on the basis of the amount of butter fat 
 contained therein shall have in its employ a licensed tester who shall 
 supervise and be responsible for the operation of the Babcock test 
 of milk and cream. * * * 
 
 Sec. 1905a-57. Standard Babcock testing glassware defined. — The term 
 " standard Babcock testing glassware " shall apply to glassware and 
 weights complying with the following specifications ; 
 
 (a) Standard Milk Test Bottles. — Graduation: The total per 
 cent graduation shall be 8. The graduated portion of the neck shall 
 have a length of not less than 63.5 millimeters (2y 2 inches). The 
 graduation shall represent whole per cent, five-tenths per cent, and 
 tenths per cent. The tenths per cent graduations shall not be less 
 than 3 millimeters in length, the five-tenths per cent graduations 
 shall be 1 millimeter longer than the tenths per cent graduations, 
 projecting 1 millimeter to the left; the whole per cent graduations 
 shall expend [extend] at least one-half way around the neck to the 
 right and projecting 2 millimeters to the left of the tenths per cent 
 graduations. Each per cent graduation shall be numbered, the num- 
 ber being placed on the left of the scale. The error at any point 
 of the scale shall not exceed one-tenth per cent. 
 
 Neck : The neck shall be cylindrical and the cylindrical shape ex- 
 tend for at least 9 millimeters below the lowest and above the highest 
 graduation mark. The top of the neck shall be flared to a diameter 
 of not less than 10 millimeters. 
 
KENTUCKY 293 
 
 Bulb : The capacity of the bulb up to the junction of the neck 
 shall not be less than 45 cubic centimeters. The shape of the bulb 
 may be either cylindrical or conical with the smallest diameter at 
 the bottom. If cylindrical, the outside diameter shall be between 34 
 and 36 millimeters ; if conical, the outside diameter of the base shall 
 be between 31 and 33 millimeters, and the maximum diameter between 
 35 and 37 millimeters. 
 
 The charge of the bottle shall be 18 grams. 
 
 The total height of the bottle shall be between 150 and 165 milli- 
 meters (5% and 6V2 inches). 
 
 (5) Standard Cream Test Bottles. — Two types of bottles shall 
 be accepted as standard cream test bottles, a 50 per cent, 9 gram 
 short-neck bottle, and a 50 per cent, 9 gram long-neck bottle. 
 
 Fifty Per Cent, 9-Gram Short-Neck Bottles. — Graduation: 
 The total per cent graduation shall be 50. The graduated portion of 
 the neck shall have a length of not less than 63.5 millimeters (2y 2 
 inches). The graduation shall represent five per cent, one per cent 
 and five-tenths per cent. The five per cent graduation shall extend 
 at least half way around the neck (to the right). The five-tenths 
 per cent graduations shall be at least 3 millimeters in length, and 
 the one per cent graduation shall have a length intermediate between 
 the five per cent and the five-tenths per cent graduations. Each five 
 per cent graduation shall be numbered, the number being placed on 
 the left of the scale. The error at any point of the scale shall not 
 exceed five-tenths per cent. 
 
 Neck : The neck shall be cylindrical and the cylindrical shape shall 
 extend at least 9 millimeters below the lowest and 9 millimeters above 
 the highest graduation mark. The top of the neck shall be flared 
 to a diameter of not less than 10 millimeters. 
 
 Bulb: The capacity of the bulb up to the junction of the neck 
 shall not be less than 45 cubic centimeters. The shape of the bulb 
 may be either cylindrical or conical with the smallest diameter at 
 the bottom. If cylindrical, the outside diameter shall be between 
 34 and 36 millimeters; if conical, the outside diameter of the base 
 shall be between 31 and 33 millimeters and the maximum diameter 
 between 35 and 37 millimeters. 
 
 The charge of the bottle shall be 9 grams. All bottles shall bear 
 on top of the neck above the graduation, in plain, legible characters, 
 the mark defining the weight of the charge to be used (9 grams). 
 
 The total height of the bottle shall be between 150 and 165 milli- 
 meters (5% and 6V2 inches), same as standard milk test bottles. 
 
 Fifty Per Cent, 9-Gram Long-Neck Bottles. — The same specifi- 
 cations in every detail as specified for the 50 per cent, 9-gram short- 
 neck bottles shall apply for the long-neck bottle, with the exception, 
 however, that the total height of this bottle shall be between 210 and 
 235 millimeters (8*4 and 8 7/7 7 inches) and the total length of the 
 graduation shall not be less than 120 millimeters. 
 
 Sec. 1905a-58. The standard Babcock pipette. — Total length of 
 pipette not more than 330 millimeters (13}4 inches). Outside diam- 
 eter of suction tube, 6 to 8 millimeters. Length of suction tube, 130 
 
 7 Evidently erroneous. Based on the value of 39.37 inches to the meter, 210 ran* equal 
 8.268 inches and 235 mm equal 9.252 inches. — Ed. 
 
294 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 millimeters. Outside diameter of delivery tube, 4.5 to 5.5 milli- 
 meters. Length of delivery tube, 100 to 120 millimeters. Distance 
 of graduation mark above bul^b, 30 to 60 millimeters. Nozzle 
 straight. Delivery, 17.6 cubic centimeters of water to 20 degrees C. 
 in five to eight seconds. 
 
 Sec. 1905a-59. Standard weights. — The standard weight shall be 
 nine grams. 
 
 Carroll's Stats., 1922, ch. 63, p. 928. 
 
 Sec. 2060a-l (1918). "Food" defined.— That the term food, as used 
 in this act, shall include every article used for or entering into 
 the composition of food or drink for man or domestic animals, in- 
 cluding all liquors. 
 
 Sec. 2060a-2. Food deemed misbranded, when. — For the purpose of 
 this act, an article of food shall be deemed misbranded : 
 
 4. If it be misrepresented as to weight or measure, * * *. 
 
 Carroll's Stats., 1922, ch. 71, p. 1035. 
 
 Sec. 2186°. Inspection warehouses; county court may establish upon 
 application. — An inspection warehouse outside of a city may be estab- 
 lished by the county court of the county wherein it is located, upon 
 the application of any person entitled as owner or lessee, but the 
 same shall not be established unless the warehouse be built of such 
 material and in such manner as to prevent injury to articles stored 
 therein. 
 
 Sec. 2187. Scales and balances to be provided. — Scales, steel yards, or 
 patent balance, with suitable weights sufficient to weight at least 
 one ton, shall be provided as appurtenant to the warehouse. 
 
 Sec. 2196. Selling articles under weight. — Whoever shall sell or offer 
 to sell any barrel or other package of such article [of which he is 
 appointed inspector] , knowing the article not to be of the weight or 
 quantity, after allowing for ordinary weight or loss of weight, that 
 is required by law, or that is marked or branded thereon, shall be 
 fined ten dollars for every barrel or package so sold or offered for 
 sale. 
 
 Sec. 2198. Falsely packed hogsheads, casks or barrels. — Whoever shall 
 knowingly sell, or attempt to sell, any hogshead, barrel or other 
 package of tobacco, liquor, salt, beef, pork or lard, which is falsely 
 packed or filled, or the staves or heading of which are falsely made, 
 with a view to cheat a purchaser as to weight or quantity, or shall 
 so pack, fill or prepare a hogshead, barrel or other package, with 
 such intent, shall be fined ten dollars for every such hogshead, barrel 
 or other package. 
 
 Carroll's Stat, 1922, ch. 87, p. 1305. 
 
 Sec. 2721 (1906). Sealed measures in mills. — Every owner or occupier 
 of a mill, grinding meal, flour, bread stuff, feed or otherwise, shall 
 keep therein and use sealed measures of half bushel and peck, and 
 toll dish sealed, and shall measure all grain by strike measure or 
 weight, under a penalty of five dollars for every such failure, re- 
 coverable, with costs, before a justice of the peace, for the use and 
 benefit of the common school fund in the district where the mill is 
 located. * * * 
 
KENTUCKY 295 
 
 Carroll's Stats., 1922, ch. 133, p. 2284. 
 
 Sec. 4791 (1893). Inspector, weigher and registrar; appointment; re- 
 moval; qualifications; compensation. — The commissioner of agriculture 
 shall appoint an inspector, weigher and registrar for the warehouses 
 in the city, and fix their duties, the amount and kind of bond to 
 be given by them, and their fees, which shall be paid by the seller, 
 and the board of trade shall, at least once in each year, establish 
 standard grades of the various kinds of grain by which the in- 
 spector shall be governed in their inspection; but any warehouse- 
 man, seller or buyer, or other person in interest, may, on summary 
 complaint to the circuit court of the county, obtain a reduction of 
 the fees, if, in the opinion of that court, they are exorbitant. And 
 the same court shall, upon complaint of malfeasance or neglect, re- 
 move any inspector, weigher or registrar, and declare him incompetent 
 for reappointment, the proceedings being as near as may be similar to 
 those for vacating an office. Mb member of the board of trade or per- 
 son interested in any warehouse, shall be appointed inspector, weigher 
 or registrar, nor shall any inspector, weigher or registrar have stored 
 or offer for sale, in any warehouse under his supervision, any com- 
 modity owned by him or in which he is directly or indirectly inter- 
 ested, nor shall he be a purchaser at any sale made by the warehouse 
 of any commodity inspected, weighed or registered by him. No per- 
 son shall be appointed inspector, weigher or registrar unless he be a 
 citizen of the State of Kentucky, has attained the age of twenty-five 
 years, and has been a resident of the city for which he has been 
 chosen at least one year next preceding his appointment. 
 
 Sec. 4793 (1893). Inspector and weigher at grain warehouses; bond; 
 fees; term. — In all cities and counties where there are grain ware- 
 houses, and where there is no board of trade, it shall be the duty of 
 the fiscal court of the county to appoint an inspector and weigher 
 for said warehouses who shall file a bond in the county clerk's office, 
 with good sureties, to be approved by the court, conditioned for the 
 faithful performance of his duty as such inspector and weigher, on 
 which suit may be brought by any person injured by the violation of 
 such duty. Said inspector and weigher shall have the inspection 
 and weighing of all commodities stored in said warehouses. The 
 fiscal court of the county shall fix the fees of said inspector and 
 weigher, which shall be paid by the seller. No person interested in 
 any warehouse shall be appointed an inspector, weigher or registrar ; 
 nor shall any inspector, weigher or registrar have stored or offered 
 for sale in any warehouse under his supervision any commodity owned 
 by him or in which he is directly or indirectly interested. Nor shall 
 he be a purchaser at any sale made by the warehouse of any com- 
 modity inspected, weighed or registered by him. * * * Said in- 
 spector and weigher shall be appointed for the term of two years 
 and until his successor is appointed and qualified. 
 
 Sec. 4796. Penalty for neglect of duty; misdemeanor to improperly 
 influence inspector; penalty for. — Any duly authorized inspector 
 and weigher of grain, who shall be guilty of neglect of duty, or who 
 shall knowingly or carelessly inspect or grade any grain improperly, 
 or who shall accept any money or other consideration, directly or 
 indirectly, for any neglect of duty or the improper performance of 
 any duty as such inspector of grain, and any person who shall im- 
 
296 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 properly influence any inspector of grain in the performance of his 
 duties as such inspector, shall be deemed guilty of a misdemeanor 
 and, on conviction, shall be fined in a sum not less than one hundred 
 dollars nor more than one thousand dollars, in the discretion of the 
 jury, or shall be imprisoned in the county jail not less than three 
 nor more than twelve months, or both, in the discretion of the jury. 
 
 Sec. 4797. Copy of this law to be posted. — All proprietors or man- 
 agers of public grain warehouses shall keep posted up at all times 
 in a conspicuous place in their business offices, and in each of their 
 warehouses, a printed copy of this act. 
 
 Sec. 4814a-l (1892). Tobacco warehouseman to grade and weigh, and 
 issue receipts. — That any corporation, company, partnership or indi- 
 vidual engaged in the business of warehousemen for the purpose 
 of receiving, grading, handling, prizing and storing tobacco, shall, 
 upon the receipt of such tobacco, grade it into distinct and proper 
 grades, and weigh same; and shall give warehouse receipt therefor 
 to the owner or consigner thereof, setting forth each grade and the 
 number of pounds thereof; and after so doing said corporation, 
 company, partnership or individual shall have the right to com- 
 mingle all tobacco so received into like grades and types. * * * 
 
 Sec. 4814a-4. Competent men to grade and weigh. — It shall be the 
 duty of such warehousemen to have some person or persons com- 
 petent to grade such tobacco into proper grades and to weigh same 
 in proper manner. 
 
 Carroll's Statutes, 1922, ch. 88, p. 1307. 
 
 Sec. 2738a-l (1914). Mine scales to be provided; testing same. — The 
 operator or superintendent of every coal mine in this State, to which 
 this act applies, at which miners are paid by weight, shall provide at 
 such mine suitable and accurate scales for the weighing of the coal 
 for which the miners are to be paid, and when differences arise 
 between the operator or superintendent of the mine and the miners 
 employed in the same as to the accuracy or capacity of the scales, 
 the question shall be referred to the county inspector of weights 
 and measures, 8 whose duty it shall be to inspect and test said scales 
 as early as practicable after receiving notification; and should said 
 inspector find the scales inaccurate or defective beyond the limit 
 admitted in scales of standard manufacture, he shall notify the 
 operator or superintendent of the mine and said scales shall forth- 
 with be repaired and made accurate, or accurate scales be substituted 
 therefor. 
 
 Sec. 2738a-2. Penalty. — Any operator or superintendent of a coal 
 mine who refuses or willfully fails to comply with the instructions 
 to render his mine scales accurate shall be guilty of a misdemeanor, 
 and, on conviction, shall be fined not less than five dollars nor more 
 than fifty dollars. 
 
 Sec. 2738q-l (1886). Inspector of scales at mines. — That when a 
 majority of the miners engaged in digging or mining coal at any 
 coal mine in this State, at which as many as twenty men are employed, 
 request the owner or owners or operator or operators of any of said 
 mines to allow the said miners to employ, at their own expense, a 
 
 8 The office of county inspector of weights and measures was created by acts, 1910, eh. 
 90, p. 265, and this law was repealed by acts, 1914, ch. 42, p. 129. 
 
KENTUCKY 297 
 
 person to inspect the scales at said mine and see that the coal digged 
 and mined by said miners is properly weighed and accounted for, 
 and do and perform such other duties as will insure that said 
 coal is properly weighed and correctly accounted for, said owner or 
 owners or operator or operators shall permit such person to be em- 
 ployed by said miners making the request : Provided, The person so 
 employed has the reputation of being an honest, trustworthy, dis- 
 creet and upright man. The appointment under the provisions of 
 this act of each inspector and assistant weigher shall be approved by 
 the judge of the county court of the county wherein the same is 
 made. 
 
 Sec. 2738q-2. Rights and duties of inspector. — The person appointed 
 and employed by miners to perform the duties set forth in the first 
 section of this act shall at all times have free access to the scales at 
 the mines, and the said person so employed by the miners shall not 
 be hindered or prevented from a proper performance of his duties 
 by the person who weighs coal for the operator or operators of any 
 mines, nor any of the agents or employees of said operator or 
 operator^. Said person employed by the miners shall in no way pre- 
 vent the weighman or other employees of said operator or operators 
 from performing their duties in a proper manner. 
 
 Sec. 2738q-3. Penalty for violating this law. — Any person violat- 
 ing any of the provisions of this act shall be fined not less than ten 
 dollars nor more than fifty dollars, and each day on which any of 
 the provisions of this act is violated shall constitute a separate 
 offense. 
 
LOUISIANA 
 Stats., 1920, Vol. 3, p. 2208. 
 
 Sec. 1 (1898). Offices abolished.— That the office of inspector of 
 weights and measures in all the parishes of this State, " except the 
 parish of Orleans," be and the same is hereby abolished. 
 
 Sec. 2. Authority to establish; fees That the police Jury of the 
 
 several parishes throughout the State, " the parish of Orleans ex- 
 cepted," shall have power to provide for said inspection when they 
 deem it necessary, and regulate the duties and fees for same. 
 
 Stats., 1920, Vol. 3, p. 2204. 
 
 Sec. 1 (1912). Two complete sets of weights and measures to be pro- 
 cured for New Orleans; deposited in office of secretary of state. — That 
 the governor, at the expense of the State, shall procure, or cause 
 to be procured, for the use and guidance, in the city of New Or- 
 leans, of the inspector of weights and measures hereinafter provided 
 for, two complete sets of copper weights to correspond with weights 
 of their denominations used by the revenue officers of the United 
 States in their offices, together with scales for such weights, and 
 stamps and seals, with such device as the governor may deem proper ; 
 and also two complete sets of measures, calculated for dry, liquid 
 and long measures of the same capacity and length as those of their 
 like denomination used by such revenue officers; one of which sets of 
 weights and measures, together with the scales and stamps, shall 
 be deposited in the office of the secretary of state to serve as a gen- 
 eral standard of weights and measures in this State : Provided, That 
 in the event the equipments hereinafter prescribed now in the pos- 
 session of the State is in good condition it may be used and the gover- 
 nor relieved of the necessity of providing the new equipment herein 
 authorized. 
 
 Sec. 2. Sealing weights and measures. — That on and after January 
 .1st, 1913, it shall be unlawful for any person, firm or corporation to 
 use in the conduct of any business, trade or avocation for the purpose 
 of weighing or measuring any article for purchase or sale within 
 the city of New Orleans any weight, measure, scale beam, patent 
 balance, steelyard, or other instrument or who shall maintain or 
 operate any weight, measure, scale beam, patent balance, steelyard 
 or other instrument, whether automatic or otherwise, used for the 
 purpose of weighing or measuring any person or animal for hire 
 or reward, or any commodity for sale which has not been sealed and 
 for which the certificate hereinafter provided has not been obtained 
 from the inspector of weights and measures, as required by the pro- 
 visions of this act, and it shall be the duty of all persons, firms, and 
 corporations to have any weights, measures, scale beams, patent bal- 
 ances, steelyards or other instruments, whether automatic or other- 
 wise used for the purpose of weighing or measuring any person or 
 animal for hire or reward, or any commodity for sale, inspected and 
 sealed annually. 
 
 298 
 
LOUISIANA 299 
 
 Sec. 3. Weights and measures to be inspected. — That every person, 
 firm or corporation, using weights, measures, scale beams, patent 
 balances, steelyards or any instrument, in weighing or measuring 
 any article intended to be purchased or sold in the city of New Or- 
 leans, or in weighing or measuring any person or animal, for hire 
 or reward, shall cause the same to be inspected and sealed annually 
 by the inspector of weights and measures, in accordance with the pro- 
 visions of this act. 
 
 Sec. 4. Hawkers and peddlers, etc., must have scales and measures 
 examined; failure, a violation of act. — That all itinerant peddlers and 
 hawkers using scales, balances, weights or measures or other instru- 
 ments in weighing or measuring any article for purchase or sale, or 
 intended to be purchased or sold, in the city of New Orleans, shall 
 take same to the office of the inspector of weights and measures be- 
 fore any use is made thereof, and have the same sealed and adjusted ; 
 and also to have the same sealed and adjusted annually; and every 
 day such person shall use such scales, balances, weights, and 
 measures, without having the same adjusted and sealed as herein 
 provided, shall constitute a separate and distinct violation of this 
 act. 
 
 Sec. 5. Two inspectors appointed. — That there shall be appointed by 
 the governor, by and with the consent of the senate, two inspectors 
 of weights and measures one who shall exercise the functions of his 
 office in the first, fourth, sixth and seventh municipal districts and 
 one who shall exercise the functions of his office in the second, third 
 and fifth district, who shall have their offices in the city of New 
 Orleans : Provided, however, That the governor shall have the power 
 to remove from office any inspector or assistant inspector of weights 
 and measures, or employees under said inspectors, upon satisfac- 
 tory proof made to him, of any negligence or failure to perform their 
 duties or for any official misconduct. 
 
 Sec. 6. Bond furnished. — That such appointments shall be for f our 
 years; and said inspectors shall give bond, payable to the governor, 
 or his successors in office, with good and sufficient sureties, in the 
 penal sum of five thousand dollars each, conditioned for the faithful 
 performance of the duties required of them by law. 
 
 Sec. 7. Duties.- — That it shall be the duty of each inspector to see 
 that no other weights and measures than those established by law 
 are made use of in weighing or measuring in any business, trade or 
 avocation, within the limits of the city of New Orleans. 
 
 Sec. 8. Unlawful to remove seal. — That it shall be the duty of said 
 inspectors to inspect, not less than once each year, all weights, meas- 
 ures, scale beams, patent balances, steelyards, and other instruments 
 used for weighing and measuring in the city of New Orleans, and to 
 stamp with a suitable seal, all weights and measures and scales so 
 used and which he may find accurate, and deliver to the owner thereof 
 a certificate of their accuracy. It shall be unlawful for any person 
 or persons to wilfully remove or destroy in any manner erase or 
 conceal any stamp or seal of inspection from any scale weight or 
 measure. 
 
 Sec. 9. Powers of inspectors ; inspection of apparatus and appliances ; 
 police powers. — That the inspectors of weights and measures ap- 
 pointed under this act are hereby given the power — 
 
300 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 To inspect and test the accuracy of all measures, of every kind of 
 tools and appliance connected therewith, used or employed, to deter- 
 mine the weight, size, quantity or other dimensions of any liquids, 
 solids, or other articles offered for sale, hire, or award. 
 
 To reweigh or remeasure any package put up ready for sale or 
 delivery, or any amount of any commodity whatever, commonly so 
 sold, at any time before the actual delivery of such package or 
 amount of commodity to the buyer. 
 
 To enter, without formal warrant for the purpose herein specified, 
 and in the general performance of their official duties, any stand, 
 place, building or premises, or to stop any wagon or other con- 
 veyance in or upon which any measure or measures, or weighed or 
 measured packages, or amounts of commodity are kept, maintained 
 or carried, for the purpose of testing, inspecting, correcting and 
 sealing, or condemning such measures, or reweighmg, or remeasur- 
 ing such packages or amounts of commodity, either upon his own 
 initiative or at the request of any State, municipal or parish official, 
 or upon the written request of any person. 
 
 Sec. 10. Violation. — That in the event it is found that any such 
 weights, measures, scale beams, balances, or other instruments used 
 for Weighing or measuring at the stores and places where the same 
 may be used are not conformable to the standard of this State they 
 shall be marked " condemned " and the owner thereof shall within 
 ten days thereafter have the same properly adjusted and sealed, in 
 default of which and after conviction, he shall be fined or imprisoned 
 in accordance with the provisions of this act. 
 
 Sec. 11. Refusal to exhibit weights and measures. — That it shall be 
 unlawful for any person engaged in the business of buying or selling 
 to refuse to exhibit any weight, measure, scale beam, patent balance, 
 steelyard, or other instrument to said inspectors, for the purpose of 
 being so inspected and examined. 
 
 Sec. 12. Obstructing inspector. — That it shall be unlawful for any 
 person in any way or manner to obstruct, hinder or molest the 
 inspector of weights and measures in the performance of his duties, 
 as herein imposed upon him, or refuse to weigh or measure any 
 article of merchandise or any other commodity whatever, or refuse 
 to permit said inspector to ascertain the weight or measure of any 
 article of merchandise or other commodity which may be sold or 
 offered for sale. 
 
 Sec. 13. Eestrictions upon inspectors. — That it shall be unlawful for 
 said inspectors to vend or sell any weights, measures, scale beams, 
 patent balances, steelyards, or other instruments to be used for 
 weighing or to offer or expose the same for sale or purchase, to be 
 engaged in any business, calling or occupation, where weights or 
 measures are used or required. 
 
 Sec. 14. Salary. — That the salaries of said inspectors are hereby 
 fixed at the sum of fifteen hundred dollars per annum, to be paid 
 monthly by the city of New Orleans out of the fees collected for 
 inspection under the provisions of this act : Provided however, That 
 should the inspection fund be insufficient at any time to pay said sala- 
 ries the city treasurer shall at the expiration of the following month 
 or months pay the arrears out of the said fund should a surplus 
 arise: Provided, That at the expiration of each year the city treas- 
 
LOUISIANA 301 
 
 urer shall turn over any balance of said inspection funds to the gen- 
 eral fund of the city of New Orleans for the use of said city. 
 
 Sec. 15. Refusal of certificate. — That whenever it is necessary for 
 said inspectors to employ anyone to repair defective scales or any 
 kind of weights and measures whatever 3 the cost or of [of or] ex- 
 pense thereof shall be collected from the owner of such scales, meas- 
 ures or other instruments, and upon refusal of such payment, it 
 shall be the duty of said inspector to refuse to issue the certificate 
 provided for in section 8 of this act. 
 
 Sec. 16. Yearly inspection; fees. — That the fees of the inspection 
 shall be as follows, and no more, to wit : 
 
 For each yearly visit and inspection of a full set of steel-yards, 
 or of scale with their weights, or of balances with their weights, 
 or of a bushel measure with its parts, or of a gallon measure and its 
 parts, or a set of yard sticks, they shall receive twenty cents; for 
 sealing each weight and measure four cents; for the examination of 
 each platform scale, cotton and tobacco scale and its apparatus, 
 thirty cents; and for sealing the same twenty-five cents; the fees in 
 all cases to be paid by the owner of the weights and measures in- 
 spected and sealed. The stamp shall be impressed and payment 
 required for doing the same only on such as have been stamped, 
 or such as, having once been stamped, are found so defective as to 
 require to be regulated with the standard, and payment thereof shall 
 be evidenced by a certificate from such inspector. Failure to produce 
 and exhibit such a certificate shall be deemed and treated as prima 
 facie evidence of the violation of the provisions of this act. 
 
 Sec. 17. Fees and fines to be paid to city treasurer daily. — That all 
 fees and fines collected or imposed under the provisions of this act 
 or any other act shall be paid to the city of New Orleans daily and 
 the city treasurer shall keep said collections in a separate fund from 
 which shall be paid the salaries of the inspectors in accordance with 
 the provisions of this act. 
 
 Sec. 18. Penalty. — That any person, firm, corporation or itinerant 
 peddler or hawker, convicted of violating any of the provisions of 
 this act shall be punished as follows, viz : For the first offense, by fine 
 of not less than twenty-five dollars or more than fifty dollars or im- 
 prisonment for not less than ten days nor more than thirty days in 
 the parish jail, or both in the discretion of the court; for the second 
 and subsequent offense, by a fine of not less than fifty dollars, not 
 more than one hundred dollars and imprisonment of not less than 
 ten days or more than thirty days in the parish jail; provided that 
 upon the second conviction of the violation of any of the provisions 
 of this act the inspector shall seize and destroy any and all con- 
 demned weights, measures, scale beams, patent balances, steel yards, 
 and other instruments used for weighing, found in use. 
 
 Sec. 19. Penalty. — That any inspector of weights and measures con- 
 victed of violating any of the provisions of this act shall be punished 
 by fine of not less than twenty-five dollars, or more than fifty dollars, 
 or imprisonment of not less than ten days or more than thirty days, 
 or both, in the discretion of the court, and such conviction shall 
 carry with it immediate removal from office. 
 
 Sec. 20. City attorney to be legal adviser. — That in all legal matters, 
 suits or other proceedings the city attorney of the city of New Orleans 
 
302 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 shall act for and on behalf of the aforesaid inspector of weights and 
 measures. 
 
 Stats., 1920, Vol. 3, p. 2208. 
 
 Eev. Stats., sec. 3925 x (al902). Barrel measure and subdivisions; 
 barrels for meal, flour, and pork; sack for bran or chops; baskets for 
 oysters. — There shall be in this State a dry measure to be known 
 under the name of barrel, which shall, except for the purchase and 
 sale of oysters contain three and a quarter bushels, according to the 
 American standard, and shall be divided into half and quarter bar- 
 rels, and a barrel of meal or flour shall contain not less than one 
 hundred and ninety-six pounds net, and a barrel of mess pork shall 
 contain not less than 200 pounds net, and a sack of bran or chops shall 
 contain not less than 100 pounds net. But for the sale of oysters, 
 baskets shall be used which shall contain one-half of the standard 
 barrel, which standard barrel contains three and a quarter bushels 
 according to this section, said baskets to be stamped according to law. 
 
 Eev. Stats., sec. 3926°. x Coal measure; grain; wheat, corn, oats, 
 barley, and rye. — Coal shall be sold by the barrel or bushel measure; 
 grain shall be sold by the barrel, bushel or weight ; the legal weight 
 of a bushel of wheat shall be sixty pounds ; of a bushel of corn fifty- 
 six pounds; of a bushel of oats thirty-two pounds; of a bushel of 
 barley thirty-two pounds, and of a bushel of rye thirty-two pounds. 
 
 Acts, 1924; Act No. 140, p. 232. 
 
 Sec. 12. Barrel of shrimp. — That there be and are hereby levied sev- 
 erance taxes on all salt water shrimp taken from the waters of this 
 State for drying or canning purposes, or for sale in their fresh state, 
 within the State of Louisiana, as follows: A severance tax of ten 
 cents (10^) per barrel, said barrel to contain two hundred and ten 
 (210) pounds of shrimp, is hereby levied * * *. 
 
 Stats., 1920, Vol. 3, p. 2210. 
 
 Sec. 1 (al912) . Coal and coke gauger. — That there shall be appointed 
 by the governor, by and with the advice and consent of the senate, 
 one coal and coke boat gauger, who shall have his office in the city 
 of New Orleans: Provided, however, That the governor shall have 
 the power to remove from office any coal and coke boat or barge 
 gauger upon satisfactory proof made to him of negligence or official 
 misconduct. 
 
 Sec. 2. Bond required. — That said gauger shall give bond, payable 
 to the governor or his successors in office with sufficient surety, in 
 the penal sum of three thousand dollars, conditioned for the faith- 
 ful performance of the duties required of him by law. 
 
 Sec. 3 (al904) . All boats and barges of coal must be gauged. — It shall 
 be the duty of said gaugers to gauge all boats and barges contain- 
 ing coal whether anthracite or bituminous, or coke, brought into 
 the State of Louisiana for sale or delivery under rules made out of 
 this State. 
 
 Sec. 4 (1888). Gauging; bushel; barrel. — That such gauging shall 
 consist in reducing the length, breadth and depth, inside measure- 
 ment, of boats or barges, deducting all obstructions and displace- 
 
 1 The section numbers here given are the numbers carried in the previous Revised 
 Statutes. 
 
LOUISIANA 303 
 
 ments, into cubic inches and dividing said cubic inches by twenty-six 
 hundred and eighty-eight (2,688), thus ascertaining the net measure- 
 ment in bushels. Two and six-tenths (2^) bushels shall constitute 
 a barrel. 
 
 Sec. 5 (al904). Duty of coal gaugers. — In all cases it shall be the 
 duty of the gaugers, 2 or either of them, to respond promptly to any 
 call made for their services, and to furnish a full and detailed certifi- 
 cate of gross measurement of the boat or barge gauged, and the al- 
 lowance made for obstructions and displacements: Provided, how- 
 ever, That the failure to call upon them, or either of them, shall not 
 relieve them, or either of them, of the obligation to gauge all coal 
 and coke boats and barges as provided by section one of this act. 
 
 Sec. 6 (1888). Fee. — That the fee for gauging or regauging shall 
 be ten dollars ($10), for each boat, and five dollars for each barge, 
 to be paid by the seller, except as hereinafter provided. 
 
 Sec. 7. Regauging. — That the purchaser of any boat or barge of 
 coal or coke, shall have the privilege of calling upon the said 
 gauger or gaugers to regauge boats or barges in all cases where the 
 original gauge is not satisfactory, and such regauge shall be adopted 
 as the correct measure. If the original gauge shall be found to be 
 correct, then the purchaser shall pay the fee for regauging; but if 
 the regauge shows a less measure, then the seller shall pay the fee. 
 
 Sec. 8 (al904). Inspection required; penalty. — No boatload of coal or 
 coke, nor any part thereof, shall be delivered to the purchaser 
 whether the sale thereof was made within or without the State, 
 until it has been inspected as provided for in this act. And, any 
 person partnership, firm or corporation who shall sell or deliver in 
 this State a boatload or a barge load of coal or coke, or any part 
 thereof, that has not been gauged as herein provided, or who, within 
 twenty-four (24) hours after the arrival in this State of any boat 
 or barge loaded with coal or coke, shall not have notified said coal 
 gaugers, or either of them, at their offices in the city of New Orleans, 
 of its arrival in this State requesting that the same be gauged, as 
 aforesaid, shall be liable to a penalty of fifty dollars ($50) for each 
 boat or barge of coal or coke, or part thereof, so sold or delivered, 
 and for each boat or barge so arriving in this State of which no 
 notice was given to the said coal gaugers, to be recovered with costs 
 of suit, in any court of competent jurisdiction for the benefit of the 
 charity hospital of the city of New Orleans. 
 
 Sec. 9 (1888). Tenure of office. — The term of office of said gaugers 
 shall be four years. 
 
 Stats., 1920, Vol. 3, p. 2212. 
 
 Seel (al902). Gauge of coal; fee. — That all anthracite or bitu- 
 minous coal sold in this State shall be gauged or weighed by the 
 State coal and coke gaugers in the State, whose fees, duties and re- 
 sponsibilities shall remain as now fixed by law, provided the fee for 
 weighing shall not exceed one cent per ton. 
 
 Sec. 2 (1894). Standard barrel and ton. — That the standard measures 
 for the bituminous and anthracite coal in this State shall be the 
 
 2 Act No. 45 of acts of 1912, p. 53, amended sees. 1 and 2, reducing the number of in- 
 spectors from 2 to 1, but corresponding change was not made in the remainder of the law. 
 
 517—26 20 
 
304 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 barrel containing 6,988 cubic inches and the standard ton of 2,000 
 pounds. 
 
 Sec. 3. Fine. — That whoever shall violate the provisions of this act 
 shall be adjudged guilty of a misdemeanor and shall be fined not 
 less than $50 nor more than $100, at the discretion of the court, for 
 each offense. 
 
 Acts, 1920, Act. No. 87, p. 125. 
 
 Sec. 1. Municipal corporations to provide for inspection and testing of 
 weights and measures. — That all municipal corporations shall have 
 the power to provide for inspection and testing of weights and 
 measures used within said municipalities, and to revoke the license 
 of any person using false weights and measures within said muni- 
 cipalities, and to provide penalties for the violation of any laws 
 passed under the power hereby delegated. 
 
 Acts, 1920, Act. No. 189, p. 310. 
 
 Sec. 15. Duty and power of major and board of aldermen of every city, 
 town and village; weights and measures of commodities. — That the 
 mayor and board of aldermen of every city, town and village, shall 
 have the care, management, and control of the city, town or village 
 and its property and finances, and shall have power to enact ordi- v 
 nances for the purpose hereinafter named, and such as not repug- 
 nant to the laws of the State, and such ordinance to alter, modify 
 and repeal; and they shall have power. * * * 
 
 Ninth. To prescribe rules for the weighing and measurement for 
 every commodity sold in the municipality, in all cases not otherwise 
 provided by law, and to provide for the measuring of wood and 
 fuel and the weighing of coal, and determine the place or places 
 for the sale of the same and fix fees and duties of the person author- 
 ized to perform the duties herein named; * * * 
 
 Stats., 1920, Vol. 1, p. 284. 
 
 Sec. 1 (1912). Ice wagons to be equipped with weighing devices. — 
 That dealers in ice who employ wagons, trucks, cars etc., in deliver- 
 ing ice to consumers shall equip such wagons, trucks, cars etc., with 
 scales or a mechanism for accurately weighing the ice when actually 
 delivered to the consumer, and that such weighing device shall be so 
 located as to be open to public view. 
 
 Sec. 2. Unlawful to overcharge. — That it shall be unlawful for an}' 
 dealer in ice to charge and collect for a greater amount of ice than 
 the amount actually delivered to the consumer. 
 
 Sec. 3. Penalty. — That any person, firm, association or corporation 
 found guilty of violating any of the provisions of this act shall be 
 deemed guilty of a misdemeanor and upon conviction shall pay a 
 fine not exceeding fifty dollars or be imprisoned not over thirty 
 days, or both in the discretion of the court. 
 
 Stats., 1920, Vol. 1, p. 805. 
 
 Sec. 2 (1914). Meaning of term " misbranded."— That the term " mis- 
 branded," as used herein, shall apply to articles of food in package 
 form which do not bear plainly and conspicuously marked on the 
 outside thereof the quantity of the contents in terms of weight, 
 measure or numerical count: Provided, That reasonable variations 
 
LOUISIANA 305 
 
 shall be permitted, and tolerances, and also exemptions as to small 
 packages shall be established by the State board of health by rules 
 and regulations uniform with rules and regulations established by 
 the United States Department of Agriculture. 
 
 Sec. 3. Article of food. — That the term " an article of food," as food 
 [used] herein, shall include all articles used as food, drink, con- 
 fectionery or condiment by man or other animals, whether simple, 
 mixed or compound. " In package form " shall mean any container, 
 whether glass, tin, wood or paper in which the article of food is 
 packed and, with its contents, sold, offered for sale, or in possession 
 for sale. The terms " weight or measure " shall mean the net 
 weight, or net measure, in terms in accordance with trade customs. 
 
 See. 4. Enforcement by board. — That the State board of health 
 shall be charged with the enforcement of this act as in the enforce- 
 ment of any provisions of the sanitary code; not, however, to the 
 exclusion of other authorities charged with the enforcement of the 
 laws. 
 
 Stats., 1920, Vol. 1, p. 275. 
 
 Sec. 1 (1906). Weight to be marked on packages of grain, etc. — That 
 it shall be unlawful for any corporation, firm, manufacturer, 
 merchant or other dealer, their agents or employees, to sell or offer 
 for sale, any grain, chops, bran, fertilizer, meal, flour or shorts, 
 in sacks, barrels or other original packages, unless the true weight 
 of each package of such grain, chops, bran, fertilizer, meal, flour and 
 shorts be stamped or marked upon the sacks, barrel or other packages. 
 
 Sec. 2. Penalty. — That any corporation, shipper, manufacturer, 
 merchant, or other dealer, their agents or employees, who shall vio- 
 late any of the provisions of this act shall be deemed guilty of a mis- 
 demeanor, and upon conviction in the district court shall be fined not 
 less than ten dollars nor more than twenty-five dollars. 
 
 Stats., 1920, Vol. 1, p. 17. 
 
 Sec. 1 (1906). Enforcement. — That the State board of agriculture 
 and immigration shall be charged with the duties of enforcing this 
 act for the regulation of the sale of certain mill products and cereals 
 not otherwise provided for, to prevent fraud therein. 
 
 Sec. 2. Weights of packages of flour and meal. — That mill products 
 hereinafter mentioned shall have the following standard weights, 
 viz: Barrels of flour one hundred and ninety-six pounds (196); 
 halves, whether in wood or sacks, ninety-eight pounds (98) ; quar- 
 ters, forty-eight pounds (48) ; eighths, twenty-four pounds (24) ; 
 meal, bolted or unbolted, shall be net one hundred and ninety-six 
 pounds (196) per barrel, whether in wood or sacks, and fractional 
 parts thereof shall be in the same proportion, and cereals or grains 
 of any kind shall have the net weight given upon each barrel or 
 package. 
 
 Sec. 3. Net weight to be marked on packages. — That the correct 
 names, and the true net weight of the contents of each and every 
 hogshead, barrel, cask, bale, sack or package of any of the foregoing 
 products, whether sold in single packages or lots, shall be plainly 
 marked, branded or stenciled in large letters and figures not less than 
 two inches in size upon the exterior of such hogshead, barrel, box, 
 cask, sack or package, in a conspicuous place, as the head, in case of 
 
306 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 hogshead or barrel and the front or branded side, in case of sacks, 
 bales or package, and it shall be unlawful for any person, firm or 
 corporation to sell or exchange or offer for sale or exchange any of 
 such products so packed or contained until the provisions hereof have 
 been complied with. 
 
 Sec. 4. Penalty. — That if any person shall knowingly violate the 
 provisions of this act, he shall be deemed guilty of a misdemeanor, 
 and on conviction thereof shall be fined a sum not less than twenty- 
 five dollars nor more than one thousand dollars, and each transaction 
 shall be deemed a separate offense, which fine or fines shall be 
 recoverable before any court of competent jurisdiction at the suit of 
 the commissioner of agriculture and immigration, or any citizen, 
 without bond or advance cost, and shall be disposed of as hereinafter 
 provided. 
 
 Sec. 5. Interference with inspector. — That any manufacturer, dealer 
 or other person who shall impede, obstruct, hinder or otherwise pre- 
 vent or attempt to prevent any inspector or other person in the per- 
 formance of his duty in connection with this act shall be guilty of a 
 misdemeanor and shall upon conviction be fined not less than ten 
 dollars nor more than fifty dollars. 
 
 Sec. 6. Products subject to seizure for penalties due. — That the com- 
 missioner shall have a privilege on any mill products and cereals sold 
 in this State, in violation and contravention of the provisions of this 
 act, and may proceed by writ of provisional seizure against the mill 
 products and cereals so sold in the hands of whomsoever they may be, 
 and wheresoever he may find them, regardless of the domicile of the 
 owner thereof, [to recover the fines and penalties due for the illegal 
 sale thereof], 3 by presenting a petition to a competent judge or mag- 
 istrate, within whose jurisdiction said mill products and cereals are 
 found, stating on oath at the foot of the petition the amount and 
 nature of the demand, the mill products or cereals on which the 
 privilege exists, and praying that the mill products or cereals be 
 seized to satisfy the claim and pay the costs of suits. 
 
 Stats., 1920, Vol. 3, p. 2208. 
 
 Seel (1914). Stock-yard and slaughterhouse weighers are public 
 weighers. — The weighers employed by the slaughterhouses and stock- 
 yards of this State be and they are hereby declared to be public 
 weighers, with all the duties and obligations customarily incident 
 thereto, and that their certificates of the weights of all stock, both 
 singly and in carload lots, shall be accepted by all common carriers 
 and corporations, persons, companies and individuals doing business 
 at the yards of the said company. 
 
 Stats., 1920, Vol. 2, p. 1409. 
 
 Sec. 1 (1904). Shrimp measure. — That shrimp shall be measured by 
 the basket, and that each basket shall contain seventy pounds avoir- 
 dupois of shrimp. 
 
 Stats., 1920, Vol. 1, p. 268. 
 
 Seel (1888). "Scalage" deductions; unlawful.— That it shall be 
 unlawful for any purchaser or weigher of cotton to deduct two 
 
 3 The portion in brackets is not contained in the statutes, but is given in the original 
 act. 
 
LOUISIANA 307 
 
 pounds, or any number of pounds, known as scalage, from the actual 
 weight of any bale of cotton, weighed or purchased by them. 
 
 See. 2. Damaged cotton. — That purchasers shall account to the seller 
 of cotton in all instances for the actual weight of the bale purchased 
 or weighed, except in cases of wet or damaged cotton, when the 
 amount to be deducted may be agreed upon by the parties buying 
 and selling. 
 
 Sec. 3. Penalty. — That for each violation of this act, the offender 
 shall be deemed guilty of a misdemeanor, and upon conviction, by 
 a court of competent jurisdiction, he shall be fined not less than ten 
 nor more than fifty dollars. 
 
 Stats., 1920, Vol. 2, p. 1406. 
 
 Sec. 1 (1910). Standard measure for oysters. — That there shall be in 
 this State for the purchase and sale of oysters arriving at ports 
 or cities within the State of more than fifty thousand inhabitants 
 from any other port, city or place, whether said oysters arrive in 
 barrels, sacks, bulk or otherwise, a standard measure in the form 
 of a basket, which shall contain one bushel and one-half bushel, 
 said baskets to be inspected and stamped by the inspector of weights 
 and measures or other officers exercising his functions for the respec- 
 tive districts or parishes where said oysters arrive, if there be any 
 such inspector or officer at the place of arrival, and in the Parish 
 of Orleans by the inspector of weights and measures of the munici- 
 pality or district where the oysters thus arriving are unloaded. 
 
 Sec. 2. Inspection at destination. — That each and every sack of 
 oysters arriving at the ports or cities mentioned in section 1 of 
 this act shall contain one standard basket as established by this 
 act, and each and every barrell of oysters arriving at the different 
 ports or cities mentioned in said section 1 of this act, shall contain 
 two standard baskets as established by section 1 of this act, said 
 sacks and barrels to be inspected by the inspector or officer exercis- 
 ing his functions as provided in section 1, and must contain the 
 measurements stated in this act at the time of delivery to the con- 
 signee, buyer or importer, and at the time of delivery to any sub- 
 sequent buyer of said oysters after arrival, whether in sacks, barrels 
 or baskets. 
 
 Sec. 3. Fees of inspector of weights and measures. — That the inspector 
 of weights and measures or other officer exercising his functions 
 in the district or parish where said oysters are unloaded shall 
 be entitled to charge and collect for such inspection from the buyers, 
 importers or consignees of said oysters a fee of one-fourth of 
 one cent for each basket inspected and unloaded, payable imme- 
 diately, and the inspector or other officer exercising his functions 
 may issue a certificate of inspection and measurement which shall 
 be prima facie evidence of such inspection and measurement of the 
 oysters under the provisions of this act ; provided that for the stamp- 
 ing of each basket mentioned in section 1, such inspector or officer 
 shall be entitled to charge and collect immediately after stamping, 
 from the owner or owners of the baskets so inspected or stamped, 
 a fee of thirty cents. 
 
 Sec. 4. Examination of manifest of oyster boats. — That for the 
 purpose of making the inspection and measurement provided by this 
 
308 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 act, and of ascertaining the number of sacks, barrels and baskets 
 arriving in the different ports and cities mentioned in section 1 and 
 the names and addresses of the sellers, exporters, consignors, buyers, 
 importers and consignees of such oysters to be inspected and meas- 
 ured under the provisions of this act, and the quantity consigned to 
 each buyer, imported [importer] and consignee, and such other 
 information as may be necessary to obtain in order to perform the 
 duties imposed upon him by law, such inspector or officer exercising 
 his functions shall have the right and power to go on board the boat 
 arriving with such oysters, in order to count the number of barrels, 
 sacks and baskets thus arriving and to be unloaded from said boat, 
 and shall also have the right and power to demand and obtain an 
 examination of the boat's manifest and it shall be the duty of the 
 owner, master, captain or other person in charge of said boat or of 
 said manifest to produce the manifest and allow such examination 
 by said inspector or officer. 
 
 Sec. 5. Cities of more than 50,000 inhabitants to make inspections. — 
 That any and all buyers, sellers, importers and exporters of oysters 
 arriving at the different ports and cities in the State of Louisiana, 
 of more than fifty thousand inhabitants, are charged with the 
 duty of having such oysters inspected and measured, and such bas- 
 kets inspected and stamped, in accordance with the provisions of 
 this act and any and all buyers, sellers, importers and exporters of 
 oysters arriving at the ports and cities mentioned in section 1, and 
 any and all owners, masters and captains of boats arriving with 
 oysters at said ports or cities, and any other person or persons, firm 
 or firms and corporation or corporations (through their proper 
 officer) violating any of the provisions of this act, shall be deemed 
 guilty of a misdemeanor and shall be punishable for each offense by 
 fine not exceeding twenty-five dollars, or imprisonment not exceeding 
 thirty days, or both, at the discretion of the court having jurisdiction. 
 
 Sec. 6. Inspectors to be from parishes shipping oysters. — That there 
 shall be an oyster inspector selected and appointed by the gov- 
 ernor from each parish shipping oysters under the provisions of 
 this act, whose duties and functions shall be to inspect and measure 
 every sack and barrel of oysters arriving at the different ports or 
 cities mentioned in section 1 of this act, at the same time and place 
 as the inspection might be made by the inspector of weights and 
 measures, or other officer exercising similar functions, mentioned in 
 section 2 of this act: Provided, There shall be only one inspection 
 and measurement of oysters made by each oyster inspector provided 
 for in this section. 
 
 Sec. 7. Fee and certificate of inspector. — That the said oyster in- 
 spector, mentioned in section 6 of this act, shall be entitled to collect 
 from the buyer, importer or consignee of said oysters, one-fourth of 
 one cent for each basket inspected and unloaded, payable immedi- 
 ately by the said buyer, importer or consignee of said oysters for the 
 account and at the expense of the consignor or shipper of said 
 oysters : Provided, That the oyster inspector herein mentioned shall 
 sign all certificates of inspection and measurement referred to in 
 section 3 of this act, together with the inspector of weights and 
 measures, or other [officer] exercising his functions, and no such 
 certificate shall be valid or of any effect unless signed by both said 
 
LOUISIANA 309 
 
 inspectors, nor shall any claim for shortage of measure be allowed 
 any consignee, buyer or importer of said oysters, unless he shall have 
 first secured this certificate of inspection and measurement. 
 
 Sec. 8. Disputes to be arbitrated. — That in the event the two in- 
 spectors provided for in this act fail to agree in their inspection 
 and measurement of oysters, as provided for in this act, either or 
 both shall immediately call in as arbitrator the presiding officer of 
 the board, or commission, exercising control over the oyster indus- 
 try, and, in his absence, any member of said board or commission, 
 and, in the absence of the latter, any inspector of said board or com- 
 mission, whose award shall be final and who shall make out and 
 sign the certificate of inspection and measurement herein referred to. 
 
 Stats., 1920, Vol. 1, p. 18. 
 
 Sec. 1 (1916). Establishing standards and grades of fresh farm prod- 
 ucts and providing funds for that purpose. — That the commissioner of 
 agriculture and immigration may at the request of any grower or 
 shipper or association of growers or shippers, as far as practicable, 
 establish and promulgate standards of grades and other classifica- 
 tions of fresh farm products by which their quantity, quality, or 
 value may be determined, and further prescribe and promulgate 
 rules and regulations covering the mark, brand or labels which may 
 be used upon receptacles of fresh farm products for the purpose of 
 showing the name and address of the producer or packer, the quan- 
 tity, quality and nature of the products. 
 
 Provided, further, That at the request and expense of any grower 
 or shipper, or association of growers or shippers of farm produce, 
 that the commissioner of agriculture and immigration may provide 
 an inspector or inspectors to supervise the packing and loading of 
 fresh farm products according to the standards and classifications 
 established, and mark the receptacle in a manner to show such super- 
 vision has been provided. 
 
 Stats., 1920, Vol. 2, p. 920. 
 
 Sec. 1°. Barrels; contents, brands, etc. — All barrels shall be made of 
 good seasoned oak, or ash, free from every defect; and every barrel 
 shall contain two hundred pounds of beef or pork, the barrel not to 
 measure more than eighteen inches across the head and twenty- 
 eight long, to be hooped with at least twelve good, substantial hoops : 
 the barrel to be branded on the bilge with at least the initials of the 
 cooper's name and weight which is contained in each barrel, and 
 also to be plainly branded with the first letters of the Christian name 
 and the surname at full length of the inspector. 
 
 Stats., 1920, Vol. 2, p. 926. 
 
 Sec. 1 (1910). Meters to be furnished consumers. — That every person, 
 firm, association or corporation now engaged or hereafter engaging 
 in the business of furnishing natural or artificial gas for heating, 
 illuminating or other purposes, electricity for illuminating or for 
 power or other purposes, water for domestic use or power or other 
 purposes, and paid for by patrons by meter measure, shall furnish 
 to each and every patron a meter properly tested and in good order, 
 and shall arrange such meters so that the patron can, at any time, 
 see the meter dial and ascertain how much gas, electricity or water 
 
310 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 is being consumed, and for what amount such patron is liable 
 therefor. 
 
 Sec. 2. Maximum charge for commodity.— That it shall be unlawful 
 for any person, firm, association or corporation engaged in furnish- 
 ing gas, water or electricity to consumers, to be paid for by meter 
 measure, to charge or receive, from any patron or consumer, pay for 
 more gas, electricity or water than the meter furnished by such 
 person, firm, association or corporation shall indicate has been used 
 by such consumer at the time to which payment is made and re- 
 ceived, provided the minimum charge contracted for with the munici- 
 palities shall not be affected. 
 
 Sec. 3. Furnishing- deceptive meters, etc. — That it shall be unlawful, 
 for any person, firm, association or corporation who knowingly con- 
 structs or uses or furnishes to consumers of gas, electricity or water, 
 to be used, any false meter or any false system for measuring and 
 registering the quantity of gas, electricity or water consumed by 
 any person who is connected with the service of said gas, electric or 
 water company. 
 
 Sec. 5. Penalty for violation. — That any person, firm, association 
 or corporation violating any of the provisions of this act shall be 
 deemed guilty of a misdemeanor and upon conviction thereof shall 
 be fined not less than twenty-five dollars and not more than two 
 hundred dollars for each offense. 
 
 Sec. 6. Authority of municipalities. — That the several municipalities 
 of this State are given the power and authority to appoint inspectors 
 to carry out the intent and purposes of this act, and further grant- 
 ing and giving to the several municipalities of this State the power 
 and authority to pass ordinances providing for the inspection of gas, 
 water, electric light and power meters, and fixing the expense of 
 same. 
 
 Stats., 1920, Vol. 3, p. 2210. 
 
 Sec. 1 (1918). " Scribner-Doyle " rule or scale adopted. — That what is 
 known as the " Scribner-Doyle " rule or scale shall be the standard 
 rule for the measurement of saw-logs in this State. 
 
 Sec. 2. Penalty for violation. — That any person, firm or corporation 
 who shall compute the measurement of saw-logs, sawn, delivered 
 or bought by any other rule or scale than the above in making set- 
 tlement with employee, contractor or seller, shall be deemed guilty 
 of a misdemeanor, subject to indictment by presentment by grand 
 jury or by bill of information, and on conviction on bill of infor- 
 mation or indictment before any court of competent jurisdiction, 
 shall be fined in the sum of not less than one hundred dollars ($100) 
 nor more than five hundred dollars ($500), or be imprisoned not 
 less than sixty days nor more than twelve months at the discretion 
 of the court. 
 
 Stats., 1920, Vol. 1, p. 24. 
 
 Sec. 4 (1916). Tags or labels to be affixed to all lots or parcels of 
 feeding stuffs containing ingredients. — That every lot or parcel of 
 commercial feeding stuffs sold, offered or exposed for sale or dis- 
 tributed within this State shall have affixed thereto a tag or label, 
 in a conspicuous place on the outside thereof containing a legible 
 and plainly printed statement in the English language clearly and 
 truly certifying: 
 
LOUISIANA 311 
 
 (a) The net weight of the contents of the package, lot or parcel ; 
 (&) The name, brand or trade-mark; 
 
 (c) The name and principal address of the manufacturer or 
 person responsible for placing the commodity on the market ; * * * 
 
 Stats., 1920, Vol. 1, p. 29. 
 
 Sec. 2 (1916). Fertilizers; labels must show contents, etc. — That all 
 corporations or persons, before selling or offering for sale any com- 
 mercial fertilizer for use within this State, shall brand or attach to 
 each bag, barrel or package a plainly printed statement, showing the 
 brand or name of said fertilizer, the net weight of the contents of 
 the package, the name and address of the corporation, firm or person 
 registering said fertilizer * * * 
 
 Sec. 17. Standards of weight of bags, etc. — That all fertilizers or 
 fertilizing materials sold or offered for sale for use within this State, 
 shall be in bags or packages of one hundred pounds net, or of two 
 hundred pounds net weight, except tankage, dried blood and bone 
 meal, which may be shipped in one hundred and sixty-seven pound 
 bags or packages, and except, further, that imported fertilizer in 
 original bags, barrels or other containers of weights other than one 
 hundred and two hundred pounds, shall be marketed in the original 
 containers, if the proper taggage fees are paid, and the product is 
 otherwise subject to all the provisions of this act, and as provided 
 in section 15. The weight of fertilizer shall be ascertained by in- 
 spectors before drawing the sample. 
 
 Acts, 1920, Act 200, p. 331. 
 
 Sec. 1. Providing for licensing of persons testing milk or cream by the 
 Babcock method. — That any person testing milk or cream by the 
 Babcock method where the result of such test is used as a basis for 
 payment, or for public record, or for record in any of the national 
 treed associations, shall first obtain from the director of the State 
 experimental station a license to do such testing. Such license shall 
 be granted upon satisfactory evidence of good moral character and 
 the ability to make such tests based upon satisfactorily passing an 
 examination set by the director of the State experimental station 
 and upon the payment of a license fee of two dollars and forty cents 
 ($2.40). Licenses granted under this section shall be revocable by 
 the director of the State experimental station upon evidence of 
 dishonesty, incompetency or inaccuracy. Any license so issued 
 shall be valid until the next succeeding January 1st, and no license 
 shall be issued for less than a year, except in the case of a person 
 requesting a license after January 1st of any year, in which case a fee 
 of twenty cents (20c.) for each month or fractional part thereof 
 until the next succeeding January 1st. and such license shall be paid 
 for in advance. Licenses shall be renewed at the discretion of the 
 director of the State experimental station without further examina- 
 tion, upon the payment by the applicant of a license fee of two 
 dollars and forty cents ($2.40). 
 
 Sec. 2. Bottles, pipettes or measuring glasses to be tested for accuracy 
 of measurement at Louisiana Agricultural Experiment Station. — That all 
 bottles, pipettes or measuring glasses used by a person in determining 
 by the Babcock method the value of milk or cream, where the result 
 of such test is used as a basis for payment or for public record, or 
 
312 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 for record in any of the national breed associations shall, before 
 such use, be tested for accuracy of measurement and for accuracy 
 of the per cent scale market thereon, at the Louisiana Agricultural 
 Experiment Station. Such bottles, pipettes or measuring glasses 
 as are correct shall be marked in permanent marks or characters, 
 which shall be proof that they were so tested; but in correct [in- 
 correct] bottles, pipettes or measuring glasses shall be destroyed. 
 The person owning such bottles, pipettes or glasses shall pay the 
 actual expense of testing the accuracy of same. Such mark or 
 character as the Louisiana State Experiment Station shall select 
 as its official mark for tested bottles, pipettes or glassware shall be 
 used only by the Louisiana Agricultural Experiment Station and 
 its use by any other person or persons is strictly prohibited. 
 
MAINE 
 
 Rev. Stats., 1916, ch. 48, p. 737. 
 
 Sec. 1 (al913). Commissioner of agriculture shall be sealer of weights 
 and measures ; standard weights and measures of the United States shall 
 be standards in this State. — The commissioner of agriculture shall be 
 the State sealer of weights and measures. 
 
 The standard weights and measures furnished by the Government 
 of the United States in accordance with the joint resolution of Con- 
 gress approved June fourteenth, eighteen hundred and thirty-six, 
 and any additions thereto and renewals thereof certified to by the 
 United States Bureau of Standards, and weights, measures, balances 
 and apparatus added by the State sealer of weights #nd measures 
 and verified by the United States Bureau of Standards, shall be the 
 standards of weights and measures through this State. 
 
 Sec. 2. Standards shall be kept at the statehouse ; State standards shall 
 be kept in good order; shall compare standards in cities and towns once 
 in five years. — The standards adopted by the State shall be kept at 
 the statehouse under the supervision of the State sealer and shall not 
 be removed or used except for the adjustment of a set of working 
 standards that are copies of the original standards or for scientific 
 purposes or to be verified by the National Bureau of Standards. The 
 State sealer shall maintain the State standards in good order and 
 shall submit them at least once in ten years to the National Bureau 
 of Standards for certification. He shall at least once in five years 
 cause the standards of the several cities and towns to be compared 
 and corrected to conform with the State standards. 
 
 Sec. 3. Shall establish tolerances in this State; other powers and 
 duties. — The State sealer of weights and measures shall after consul- 
 tation with, and with the advice of, the National Bureau of Stand- 
 ards, establish tolerances for use in this State, and said tolerances 
 shall be the legal tolerances of the State. He shall have general su- 
 pervision of the weights and measures, and weighing and measuring 
 devices of the cities and towns of the State, and cause the enforce- 
 ment of all laws pertaining to weights and measures in use in the 
 State and may appoint such agents as he desires to assist in the 
 enforcement. 
 
 Sec. 4, as amended by Laws, 1919, ch. 6, p. 6. State sealer shall enforce 
 provisions of law. — He shall enforce the provisions of law requiring 
 municipal officers to procure and maintain standards of weights and 
 measures, and the appointing of a sealer of weights and measures. 
 He may appoint a deputy who shall have the authority conferred by 
 the two following sections, and may appoint inspectors with au- 
 thority to perform any part or all of the duties provided in sections 
 five and six. 
 
 Sec. 5 (al913). State sealer shall visit cities and towns to inspect 
 work of local sealers. — He or his duly appointed deputy shall visit 
 
 313 
 
314 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the various cities and towns in the State in order to inspect the work 
 of the local sealers, and may at all times inspect and test the weights, 
 measures and balances of any person, firm, association or corporation 
 used, or to be used, in purchasing from or selling to the public any 
 goods, wares, merchandise or other commodities ; if any such weights, 
 measures or balances are found to be inaccurate or defective, he shall 
 forthwith cause the same to be corrected or condemned. 
 
 Sec. 6. May test commodities offered for sale for correct weight. — He 
 or his duly appointed deputy may, at irregular intervals, examine 
 commodities sold or offered for sale and test them for correct weight, 
 measure or count, and bring complaint for violations of sections eight 
 to twenty-five, both inclusive, of this chapter. He, or his duly ap- 
 pointed deputy may for the purpose stated above, and in the general 
 performance of his or their official duties, have access without formal 
 warrant to any stand, place, building or premises, or may stop any 
 -vendor, peddler, junk dealer, coal wagon, ice wagon, or any person 
 for the purpose of making the proper tests. 
 
 Sec. 7 (1911). Kecord and report. — He shall keep a record in 
 detail of the work of his office and shall annually, on or before the 
 first day of December, make a written report of the work and the ex- 
 penses of his office to the governor and council. 
 
 Laws, 1917, ch. 33, p. 27. 
 
 Powers of local sealers of weights and measures increased. — That all 
 local sealers of weights and measures and their deputy sealers in 
 cities and towns shall have the same power that is given the State 
 sealer of weights and measures and deputy State sealer by section 
 six of chapter forty-eight of the Revised Statutes. 
 
 Revised Stats., 1916, ch. 48, p. 737. 
 
 Sec. 8, as amended by Laws, 1917, ch. 61, p. 48. Municipal officers to 
 elect for indefinite term ; removable only for neglect ; State sealer to have 
 jurisdiction. — The municipal officers of each town shall elect a sealer 
 of weights and measures, also a deputy sealer if necessary, not neces- 
 sarily a resident therein, and said sealer and deputy shall hold office 
 during their efficiency and the faithful performance of their duties 
 and shall be removed by said officers only for neglect of duty. The 
 State sealer of weights and measures shall have jurisdiction over 
 said sealer or deputy sealer, and any vacancy caused by death or 
 resignation shall be filled by election by said municipal officers within 
 thirty days ; for each month that said municipal officers neglect their 
 duty they severally shall forfeit ten dollars. Within ten days after 
 each such election the clerk of each city or town shall communicate 
 the name of the person so elected to the State sealer of weights and 
 measures, and for neglect of this duty shall forfeit ten dollars. Such 
 sealer of weights and measures in any town may be Sealer for several 
 towns if such is the pleasure of the municipal officers therein, pro- 
 vided such action received the approval of the State sealer of weights 
 and measures. 
 
 Sec. 9 (al913). Treasurers of each town shall keep town standards. — 
 The treasurers of each town, at the expense thereof, or jointly with 
 the treasurers of adjacent towns, shall constantly keep as town 
 standards a set of beams and weights and measures subject to the 
 approval of the State sealer and conformable to the State standards. 
 
MAINE 315 
 
 Said treasurers shall cause all beams and weights and "measures be- 
 longing to their towns to be proved and sealed by the State stand- 
 ards once in five years, beginning the first day of January, nineteen 
 hundred thirteen, and for every neglect of said duty they forfeit one 
 hundred dollars. 
 
 Sec. 10. Cities may own scales ; appoint weighers and deputy sealers. — 
 Any city may purchase and keep for use scales for weighing hay 
 and other articles, appoint weighers and fix their fees, to be paid 
 by the purchaser. The municipal officers of cities and towns may 
 appoint a deputy sealer of weights and measures to hold office dur- 
 ing their pleasure and fix his compensation. Such deputy shall act 
 under the direction of the sealer of weights and measures in the 
 municipality, and shall have the same authority as the sealer in the 
 performance of his duties. 
 
 Sec. 11. City and town sealers shall keep records of weights and 
 measures sealed, etc.; shall make annual report. — The several city and 
 town sealers and other persons authorized to inspect weights and 
 measures shall keep records of all weights and measures, balances 
 and measuring devices inspected, sealed or condemned by them, giv- 
 ing the name of the owner or agent, the place of business, the date 
 of inspection and kind of apparatus so inspected, sealed or con- 
 demned. He shall make an annual report, duly sworn to, on or be- 
 fore the first day of November of each year, to the State sealer, 
 giving in addition to the above an inventory of the standards and 
 apparatus in his possession, and such other information as he may 
 deem important, or as the State sealer may require. 
 
 Sec. 12 (al915). Duty of sealer to receive and receipt for standards; 
 penalty for neglect. — The person appointed as provided in section 
 eight, shall receive the standards and seal from the treasurer, giving 
 a receipt therefor, describing them and their condition, and therein 
 engaging to re-deliver them at the expiration of his office in like 
 good order; and he shall be accountable for their due preservation 
 while in his possession. For every neglect of any duty prescribed by 
 this chapter he shall forfeit ten dollars. 
 
 Sec. 13 (1899). Sealers shall give notice of times and places for seal- 
 ing; weights and measures. — The sealers of weights and measures in 
 the several cities and towns shall annually give public notice by 
 advertisement, or by posting in one or more public places in their 
 respective cities and towns notices to all inhabitants or persons hav- 
 ing usual places of business therein and who use weights, measures or 
 balances for the purpose of selling any goods, wares, merchandise or 
 other commodities or for public weighing to bring in their weights, 
 measures and balances to be adjusted and sealed. Such sealers shall 
 attend in one or more convenient places and shall adjust, seal and 
 record all weights, measures and balances so brought in. 
 
 Sec. 14. Sealers shall visit persons who neglect to comply. — After giv- 
 ing said notice the said sealers shall go to the houses, stores and 
 shops of persons who neglect to comply therewith, and having en- 
 tered the same with the assent of the occupants thereof, shall adjust 
 and seal their weights, measures and balances. 
 
 Sec. 15. Shall visit once a year all having scales and test same. — Said 
 sealers shall go once a year and oftener if necessary, to every hay 
 and coal scale, to every platform balance within their respective 
 
316 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 cities and towns that can not be easily or conveniently removed, and 
 shall test the accuracj^ of and adjust and seal the same. 
 
 Sec. 16. All scales, weights, and measures may be tested any time. — All 
 persons using any scales, weights or measures for the purpose of 
 buying or selling any commodity, may, when they desire it, have the 
 same tested and sealed by the sealers of weights and measures at the 
 office of any of said sealers. 
 
 Sec. 17. If sealer can not seal any weights, etc., he may mark to show 
 inspection ; use of weights, etc., that can not be adjusted by sealers, for- 
 bidden. — In case a sealer of weights and measures can not seal any 
 weights, measures and balances in the manner before provided, he 
 may mark them with a stencil, or by other suitable means so as to 
 show that they have been inspected; but he shall in no case seal or 
 mark as correct any weights, measures or balances which do not con- 
 form to the standards. If such weights, measures or balances can be 
 readily adjusted by such means as he has at hand, he may adjust and 
 seal them; but if they cannot be readily adjusted, he shall affix to 
 such weights, measures or balances a notice, forbidding their use 
 until he is satisfied that they have been so adjusted as to conform to 
 the standards; and whoever removes said notice without consent of 
 the officer affixing the same, shall for each offense forfeit a sum not 
 less than ten dollars and not exceeding fifty dollars. 
 
 Sec. 18. Sealer shall be furnished with appliances for testing weights, 
 etc., by towns and cities. — A sealer when visiting the place of business 
 of any person for the purpose of testing any weights, measures or 
 balances, may use for that purpose such weights, measures or bal- 
 ances as he can conveniently carry with him, and each city and town 
 shall furnish its sealer with one or more duplicate sets of weights, 
 measures and balances, which shall at all times be kept to conform 
 to the standards furnished by the State, and all weights, measures 
 and balances so sealed shall be deemed to be legally sealed the same as 
 if tested and sealed with the standard weights, measures and balances. 
 
 Sec. 19. False weights and measures may be seized. — A sealer of 
 weights and measures may seize without a warrant such weights, 
 measures or balances as may be necessary to be used as evidence in 
 cases of violation of the law 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. 
 
 Sec. 20. Proceedings, when complaint is made, that incorrect weight, 
 etc., are being used ; penalty for using weight, etc., after refusal of per- 
 mission to test. — When a complaint is made to a sealer of weights 
 and measures by any person that he has reasonable cause to believe 
 or when such sealer himself has reasonable cause to believe that a 
 weight, measure or balance used in the sale of any commodity within 
 his city or town is incorrect, the said sealer shall go to the place 
 where such weight, measure or balance is and shall test the same, and 
 mark it according to the result of the test applied thereto; and if 
 the same is incorrect and can not be adjusted, the said sealer shall 
 attach a notice thereto, certifying that fact, and forbidding the 
 use thereof until it has been made to conform to the authorized 
 standard. Any person using a weight, measure or balance after a 
 sealer has demanded permission to test the same, and has been refused 
 such permission shall be liable to a penalty of not less than ten, nor 
 more than one hundred dollars. 
 
MAINE 317 
 
 Sec. 21. How incorrect weights, etc., shall be stamped. — All weights, 
 measures and balances that cannot be made to conform to the stand- 
 ard shall be stamped " Condemned " or " CD " by the sealer, and 
 no person shall thereafter use the same under the penalties provided 
 in the case of the use of false weights and measures. 
 
 Sec. 22. Scales shall be sealed before sale or use. — Before any weights, 
 measures, scales, steelyards, beams or balances are used, they shall be 
 sealed by a public sealer of weights and measures. 
 
 Sec. 23. Quarter, hundredweight, ton, decimal hundred. — Such articles 
 as are sold or exchanged in any market or town in the State by gross 
 or avoirdupois weight, shall be sold or exchanged as follows : twenty- 
 live avoirdupois pounds constitute one quarter; four quarters, one 
 hundred; and twenty hundreds, one ton; and all other articles, 
 usually sold by tale, shall be sold by decimal hundred. 
 
 Sec. 24, as amended by laws, 1917, ch. 207, p. 205. Powers of sealer 
 and deputy. Whoever by himself, or by his servant, or as the agent 
 or servant of another, shall use or retain in his possession any false 
 scales, weight or measure or weighing or measuring device in the 
 buying or selling of any commodity or thing, or whoever after a 
 weight, measure, scale, balance or beam has been adjusted and sealed, 
 shall alter it so that it does not conform to the public standard and 
 shall fraudulently make use of it, or whoever shall dispose of any 
 condemned scales, weight, measure, or weighing or measuring de- 
 vice, contrary to law, or remove any tag, stamp or mark placed 
 thereon by the sealer ; or whoever by himself, or by his agent or serv- 
 ant, or as agent or servant of another, shall sell, offer or expose for 
 sale less than the quantity he represents, or whoever by himself, or 
 by his agent or servant, or as the agent or servant of another, shall 
 sell, offer for sale, or have in his possession for the purpose of sell- 
 ing, any false scales, weight or measures, or any device or instru- 
 ment to be used or calculated to falsify any weight or measure, 
 shall be guilty of a misdemeanor and shall for the first offense be 
 punished by a fine of not more than fifty dollars; for the second 
 offense by a fine of not less than twenty, nor more than two hundred 
 dollars, and for any subsequent offense by a fine of fifty dollars 
 and by imprisonment for not less than thirty, nor more than ninety 
 days. The possession or use by any person of any false weight, 
 measure or other apparatus for determining the quantity of any 
 commodity or article of merchandise is presumptive evidence of 
 knowledge by such person of the falsity of such weight, measure or 
 other apparatus. Every sealer of weights and measures who has 
 reasonable cause to believe that a weight, measure, scale, balance or 
 beam has been altered since it was last adjusted and sealed shall 
 enter the premises in which it is kept or used and shall examine the 
 same. _ A sealer, or his duly appointed deputy may examine com- 
 modities sold or offered for sale and test them for correct weight, 
 measure or count, and bring complaint for violations of sections 
 eight to twenty-five, both inclusive, of this chapter. He, or his 
 duly appointed deputy may, for the purpose stated above, and in 
 the general performance of his or their official duties, have access 
 without formal warrant to any stand, place, building or premises, 
 or to any sales slip, record of sale, or weight slip, or may stop any 
 vendor, peddler, junk dealer, coal wagon, ice wagon, or any person 
 
318 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 for the purpose of making the proper tests. Any person refusing to 
 exhibit any sales slip, record of sale, or weight slip in his possession, 
 or to allow proper tests for correct weight, measure or count, or re- 
 fusing to proceed to a proper and convenient place for the making 
 of any such test, shall be punished by a fine not exceeding ten 
 dollars. 
 
 Sec. 25 (1899). Penalty for using weights, etc., which have not been 
 sealed. — Whoever sells by any other weights, measures, scales, beams 
 or balances than those which have been sealed as before provided, 
 shall forfeit a sum not exceeding twenty dollars for each offense, 
 and when by the custom of trade such weights, measures, scales, 
 beams or balances are provided by the buyer, he shall, if he 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. 
 
 Sec. 26 (al913). Jurisdiction of courts. — Municipal and police 
 courts and trial justices shall have original jurisdiction, concur- 
 rent with the supreme judicial court and superior courts, of prosecu- 
 tions for all offenses against the laws pertaining to weights and 
 measures. 
 
 Sec. 27 (1899). Sealer may be paid salary and fees paid into treas- 
 ury. — The city council of a city may by ordinance, and a town may 
 by by-law, provide that the sealer of weights and measures for 
 their city or town shall be paid by a salary, and that he shall 
 account for and pay into the treasury of the city or town the fees 
 received by him by virtue of his office; and where such salary is 
 paid no fees shall be charged for services rendered under section 
 thirteen. 
 
 Sec. 28. Appointments and fees of measures; size of hogshead. — The 
 municipal officers of towns annually may appoint measurers of 
 salt, corn and grain therein, who shall receive such fees from the 
 purchaser as said officers establish; and, in every contract made in 
 the State for the sale of salt by the hogshead, such hogshead shall 
 consist of eight bushels; and, when the buyer or seller requests, salt, 
 corn or grain bought or sold in places where such measures live 
 shall be measured by them. 
 
 Sec. 29 (al915). Weights per bushel; weight of barrel of flour and 
 potatoes. — Standard weights per bushel of commodities are as 
 follows : 1 
 
 Pounds 
 
 Potatoes 60 
 
 Apples 44 
 
 Apples, dried 25 
 
 Wheat 60 
 
 Corn or rye 56 
 
 Cracked corn, feed, or meal of any 
 
 kind except oatmeal 50 
 
 Barley or buckwheat 48 
 
 Carrots or English turnips 50 
 
 Onions 52 
 
 Rutabaga, sugar beets, mengel- 
 
 wurzel, turnips, and other beets. 60 
 
 Parsnips 45 
 
 Beans 60 
 
 Lima beans 56 
 
 1 For convenience of reference a change has been made in the arrangement which 
 necessitated slight changes in the wording. 
 
 Pounds 
 
 Shell beans 28 
 
 Soy beans 58 
 
 Scarlet or white runner pole beans. 50 
 
 String beans 24 
 
 Windsor (broad) beans 47 
 
 Beet greens, dandelions, kale, or 
 
 spinach 12 
 
 Parsley 8 
 
 Peas 60 
 
 Unshelled green peas 28 
 
 Wrinkled peas 56 
 
 Rough rice 44 
 
 Oats 32 
 
 Green peanuts 22 
 
 Roasted peanuts 20 
 
MAINE 
 
 319 
 
 Pounds 
 Turk's Island or other coarse 
 
 grades of salt 70 
 
 Liverpool or other fine grades of 
 
 salt 60 
 
 Lime 70 
 
 Hair used in masonry, well dried 
 
 and cleaned 11 
 
 Strawberries, raspberries, or black- 
 berries 40 
 
 Pounds 
 
 Blueberries 42 
 
 Currants 40 
 
 Cranberries 32 
 
 Peaches > 48 
 
 Pears 58 
 
 Dried peaches 33 
 
 Sweet potatoes 54 
 
 Quinces 48 
 
 Tomatoes 56 
 
 Pounds 
 
 Sorghum 50 
 
 Timothy 45 
 
 Millet 50 
 
 Japanese millet 35 
 
 Bran 20 
 
 Sea-island cotton 44 
 
 Upland cotton 30 
 
 All to be in good order and fit for shipping or for market; the 
 measure of each of these articles shall be determined as aforesaid at 
 the request of the vendor or vendee ; and if either party refuses so to 
 do he forfeits twenty cents for each bushel, to the person prosecuting 
 therefor within thirty days. 
 
 The standard weights per bushel of various seeds, when well 
 cleaned and in good condition are as follows : 
 
 Pounds 
 
 Herd's grass 45 
 
 Clover 60 
 
 Alfalfa 60 
 
 Flaxseed 56 
 
 Hemp 44 
 
 Hungarian grass 48 
 
 Orchard grass • 14 
 
 Redtop 14 
 
 The standard weight of a barrel of flour is one hundred and 
 ninety-six pounds ; of a barrel of potatoes 2 in good order and fit for 
 shipping is one hundred and sixty-five pounds ; of a barrel of sweet 
 potatoes in like condition, one hundred and fifty pounds. 
 
 Sec. 30 (1913). Sale of fruits, nuts, and vegetables, by measure, 
 regulated. — All fruits, nuts and vegetables, if sold by measure, shall 
 be sold by dry measure, United States standard, and shall be meas- 
 ured by level measure. Baskets or other receptacles holding one 
 quart or less which are to be used in the sale of strawberries, black- 
 berries, 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 fruits in any basket or other receptacle holding one quart 
 or less which does not conform to said standard, or conforming to 
 said standard is not level measure, shall be punished by a fine of 
 ten dollars for each offense. Said baskets or other receptacles shall 
 not be required to be tested and sealed as provided by this chapter, 
 but any sealer or health officer may test the capacity of any basket 
 or other receptacle in which any of the aforesaid fruit is sold or in- 
 tended to be sold; and if the same is found to contain less than the 
 standard measure, or if the quantity of such fruit is otherwise less 
 than as herein provided, he shall seize the same and make complaint 
 against the vendor. 
 
 Sec. 31. Sale of ice by weight, when requested. — A dealer in ice who 
 on request of the purchaser of ice refuses or neglects to weigh the 
 same when delivered or gives false weight shall for each offense be 
 punished as provided in section twenty-four of this chapter. Who- 
 
 2 See footnote, p. 20, relative to Federal standard barrel. 
 517—26 21 
 
320 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ever, having charge of the delivery of ice from a wagon, not being a 
 dealer in ice, refuses on the request of the purchaser of ice to weigh 
 the same when it is delivered, or gives false weight, shall be punished 
 by a fine of not more than ten dollars. 
 
 Sec. 32°. County commissioners shall erect and maintain meridian line; 
 record to be kept. — The county commissioners, at the expense of their 
 several counties, shall erect and forever maintain therein, at such 
 place or places remote from electrical disturbances as the public 
 convenience requires, a true meridian line to be perpetuated by stone 
 pillars with brass or copper points firmly fixed on the tops thereof, 
 indicating the true range of such meridian; and shall protect the 
 same and provide a book of records to be kept by the clerk of courts, 
 or by a person appointed by them nearer to such structure, and ac- 
 cessible to all persons wishing to refer thereto. 
 
 Sec. 33. Care and custody. — Such structures shall be under the 
 care and custody of such clerks; and any surveyor residing in said 
 county or engaged in surveying therein, shall have free access there- 
 to for the purpose of testing the variation of the magnetic needle. 
 
 Sec. 34. Surveyors shall annually verify compass; shall record 
 declination of needle, etc., and shall enter same in field note-book; pen- 
 alty for neglect. — When such meridian lines have been established 
 and completed every land surveyor shall, at least annually, before 
 making any survej', test and verify his compass, or other instrument 
 using the magnetic needle, by the meridian line so established in 
 the county where his surveys are to be made, and shall enter the de- 
 clination of such needle from the true meridian in the book men- 
 tioned in section thirty-two, together with the st} T le and make of 
 such instrument and its number, if any, and the date and hour of ob- 
 servation, and subscribe his name thereto for future reference; and 
 shall insert corresponding entries as to date and declination, in his 
 field note-books, which field note-books shall also show dates at which 
 his surveys are made. Neglect or refusal to comply with this section 
 shall render such surveyor liable to a penalty of twenty-five dollars 
 for each neglect, to be recovered on complaint in the county where 
 any survey is made, half to the complainant and half to the county. 
 The provisions of this section shall not apply to such surveys as are 
 made by angles from some fixed, permanent line, or by a solar instru- 
 ment and independent of the magnetic needle. 
 
 Sec. 35. County commissioners shall erect and maintain standard of 
 length; description thereof; their care and custody; duty of surveyors to 
 verify tape or chain and record result; penalty for neglect. — The 
 county commissioners at the expense of the several counties shall also 
 erect and forever maintain therein, at such place or places as the 
 public convenience may require, a standard of length of not less than 
 one hundred feet, with suitable subdivisions marked thereon. Such 
 standard may consist of stone monuments permanently fixed with 
 metal plates on the tops thereof, properly marked and protected; or 
 of a steel bar of the necessary length properly marked and suitably 
 placed and protected. All such standards shall be made to correspond 
 with the standard of the United States Bureau of Weights and Meas- 
 ures, and shall be provided with proper means for determining the 
 tension of tapes or chains during comparison. They shall be under 
 the care and custody of the clerk of courts, who shall keep a suitable 
 
MAINE 321 
 
 book for the record of comparisons, and they shall be accessible to 
 any person for comparing any tape, chain, or other linear measure. 
 Every surveyor shall before making surveys iif this State, and at 
 least annually, compare his tape or chain used in such surveys with 
 the standard in the county in which he resides or in which surveys 
 are to be made ; and shall record the result in the book provided for 
 that purpose, giving description of such tape or chain, with the dif- 
 ference, if any, between the same and such standard, together with 
 the date and temperature and the tension on such tape or chain at 
 the time of comparison. When such standard shall have been com- 
 pleted in any county, any surveyor residing or making surveys in 
 such county who shall neglect or refuse to comply with the terms of 
 this section, shall be liable to the penalties and disability set forth 
 in section thirty-four. 
 
 Sec. 36. Penalty for injuring meridian lines. — Whoever willfully dis- 
 places, alters, defaces, breaks or otherwise injures any of the pillars 
 or points, plates, enclosures, bars, locks, bolts, or any part of the 
 structure of any meridian line or standard of length shall forfeit 
 not exceeding one hundred dollars, to be recovered by indictment, 
 half to the prosecutor and half to the county, and shall also be liable 
 in an action of debt for the amount necessarily expended in repair- 
 ing damages caused by his act. 
 
 Sec. 37. Governor to appoint commissioner to verify meridians. — When 
 such meridian line or standard of length is established, repaired or 
 rebuilt in any county, the governor with the advice and consent of 
 the council shall appoint a competent commissioner, not necessarily 
 a resident of this State, to inspect and verify the same. Such com- 
 missioner shall in case of a meridian line verify the same by astronom- 
 ical observation, and in his report shall give an accurate description 
 of such structures, its latitude and longitude, and the declination of 
 the needle at the time ; and in case of a standard of length shall give 
 a description of the structure, its location and exact length as deter- 
 mined by comparison with some authentic standard from the United 
 States Bureau of Weights and Measures. All such reports shall be 
 full and accurate and be deposited in the office of the secretary of 
 state, and a certified copy shall be filed and recorded in the office of 
 the clerk of the courts in the county where such structure is situated. 
 Such commissioner shall receive from the State such just compensa- 
 tion as the governor and council shall allow. 
 
 Laws, 1919, ch. 159, p. 157. 
 
 Sec. 1. Scales and weighing devices not to be sold until standard 
 approved. — It shall be unlawful to sell, offer for sale or give away 
 any scale or other weighing or measuring device until a scale or 
 measuring device of the same manufacture, type and kind shall 
 have been approved by the National Bureau of Standards in Wash- 
 ington, D. C, and until a certificate of said approval shall have been 
 filed with the State sealer of weights and measures in Augusta, 
 which certificate shall state the name and manufacturer of said scale 
 or other measuring device, the place where manufactured and that 
 the same has been approved by said bureau of standards. This act 
 shall not apply to liquid or standard dry measures. 
 
 Sec. 2. Penalty for violation. — Whoever violates section one of this 
 act shall upon conviction be punished by a fine of not less than 
 
322 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 twenty dollars nor more than fifty dollars for each offense. Munic- 
 ipal and police counts and trial justices shall have original jurisdic 
 tion concurrent with the supreme judicial court and superior court 
 of prosecutions for all violations of this act. 
 
 Rev. Stats., 1916, ch. 118, p. 1437. 
 
 Sec. 23 (al911). Fees for testing and adjusting. — The fees of sealers 
 of weights and measures, for testing and adjusting scales, weights 
 and measures by the town standard, to be paid by the persons for 
 whom the service is rendered, are as follows: For testing railroad 
 track scales of forty thousand pounds capacity and upwards, two 
 dollars; elevator scales of twenty thousand pounds capacity and 
 upwards, one dollar and fifty cents; platform scales of five thou- 
 sand pounds capacity and upwards, one dollar ; dormant scales of less 
 than five thousand pounds capacity, fifty cents; dormant beef track 
 scales, fifty cents; platform scales of less than five thousand pounds 
 capacity, fifty cents ; beam scales of over one thousand pounds capac- 
 ity, 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 ad- 
 justing 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., 1918, ch. 46, p. 730. 
 
 Sec. 1, as amended by Laws, 1919, ch. 74, p. 69. Dimensions of a 
 cord of wood. — All cord wood offered for sale shall be four feet long 
 including half the scarf, and well and closely laid together. A cord 
 of wood or bark shall measure eight feet in length, four feet in width 
 and four feet in height, or otherwise contain one hundred and 
 twenty-eight cubic feet; the measurer shall make due allowance for 
 refuse or defective wood and bad stowage. Any person or persons 
 exposing for sale as a cord of wood anything less shall be fined not 
 less than ten dollars nor more than fifty dollars for each offense. 
 Cities and towns by ordinance may assign location for teams to 
 sell said cord wood and bark. 
 
 Sec. 2°. Penalty for selling wood or bark before survey. — If any fire- 
 wood or bark, brought into any town by land, is sold and delivered, 
 unless otherwise agreed to by the purchaser, before it is measured 
 by a sworn measurer, and a ticket signed by him and given to the 
 driver, stating the quantity that the load contains, the name of the 
 driver, and the town in which he resides, such wood or bark is for- 
 feited, and may be libeled and disposed of according to law. 
 

 MAINE 323 
 
 Sec. 3. How cordwood brought by water shall be measured. — All cord- 
 wood brought by water into any town for sale, shall be corded on 
 the wharf or land, on which it is landed in ranges making up in 
 height what is wanting in length; then it shall be so measured and 
 a ticket given to the purchaser, who shall pay the stated fees; and 
 no such wood shall be carried away by any wharfinger or carter, 
 before it has been so measured, under a penalty of one dollar for 
 every load. 
 
 Sec. 4. Ticket required, and penalty for not showing it. — Persons, 
 carrying fire-wood from a wharf or landing for sale, shall be fur- 
 nished by the owner or seller with a ticket stating the quantity, and 
 the name of the driver; and if such fire-wood is carried away with- 
 out such ticket, or any driver refuses to exhibit such ticket to any 
 sworn measurer on demand, or does not consent to have the same 
 measured, when in the opinion of the measurer the ticket certifies 
 a greater quantity of wood than the load contains, such wood shall 
 be forfeited, and may be seized and libeled by said measurer 
 according to law. 
 
 Sec. 5. Penalty for fraudulent stowage. — When any wood, bark or 
 charcoal, sold by the cord, foot or load, is so stowed as to prevent 
 the surveyors from examining the middle of the load, and it ap- 
 pears or delivery, that it was stowed with a fraudulent intent of 
 obtaining payment for a greater quantity than there was in fact, 
 the seller or owner thereof forfeits ten dollars to the county. 
 
 Sec. 6. How charcoal may be measured and sold. — Charcoal brought 
 into a town for sale, may be measured and sold by the cord or foot, 
 estimating the cord at ninety-six bushels, when the purchaser and 
 seller agree to the same; and the measurers before named shall be 
 measurers of charcoal also. 
 
 Sec. 7. Charcoal baskets to be sealed; dimensions; penalty for using 
 smaller. — AH baskets for measuring charcoal brought into a town 
 for sale, shall be sealed by the sealer of the town where the person 
 using them usually resides, and shall contain two bushels and be of 
 the following dimensions, viz: Nineteen inches in breadth in every 
 part, and seventeen inches and a half deep, measuring from the 
 top of the basket to the highest part of the bottom; and in meas- 
 uring charcoal for sale, the basket shall be well heaped. Whoever 
 measures charcoal for sale, in any basket of less dimensions, or 
 not sealed, forfeits, for each offense, five dollars. 
 
 Sec. 8. Seizure of unlawful baskets — The municipal officers of 
 towns may appoint some suitable person to seize and secure all 
 baskets used for measuring coal, not according to the provisions 
 hereof. 
 
 Sec. 9. Penalty for refusing to give certificate; how recovered and 
 appropriated. — Any measurer of wood, bark or charcoal, who neglects 
 or refuses to give to the owner or purchaser a certificate of the 
 contents of a load, forfeits five dollars for each offense.; and all 
 the penalties hereinbefore provided, may be recovered by action of 
 debt or complaint, half to the town where the offense is committed, 
 and half to the prosecutor. 
 
 Sec. 10, as amended by Laws, 1921, ch. 77, p. 85. Sale of coal and 
 coke; ton; net v/eight to be marked on bags or packages; penalty. — 
 Anthracite, bituminous and all mineral coal or coke shall be sold by 
 
324 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 weight and two thousand pounds shall constitute a ton. Coal or 
 coke put up in bags or package form shall have marked on the bag 
 in a plain and conspicuous manner the net weight. For each viola- 
 tion of this act there shall be a fine of not less than twenty-five 
 nor more than one hundred dollars. 
 
 Sec. 11, as amended by Laws, 1921, ch. 43, p. 48. Weighers of coal 
 and coke; weighers may be elected; slips given customers, what to 
 show; penalty. — The municipal officers shall annually elect or appoint 
 weighers of coal and coke. Weighers must give slips either in writ- 
 ing or printing to every purchaser of coal when not in bags or 
 packages showing the gross, tare and net weight for each and every 
 load so delivered. The slips so given must have stamped, printed 
 or written thereon the full name of the weigher. For each viola- 
 tion of this act there shall be a fine of not less than ten nor more 
 than twenty dollars. 
 
 Sec. 12°. Coal unless sold by cargo, weighed, or suit not maintained. — 
 Unless coal is sold by the cargo, the seller shall, on request of the 
 purchaser, cause it to be weighed by a sworn weigher, who shall 
 make a certificate of the weight; and he shall deliver such certificate 
 to the buyer before commencing a suit against him for the price 
 of such coal. 
 
 Sec. 13. Towns to elect surveyors of lumber. — Every town, at its 
 annual meeting, shall elect one or more surveyors of boards, plank, 
 timber and joist; one or more surveyors of shingles, clapboards, 
 staves and hoops: and every town containing a port of delivery 
 whence staves and hoops are usually exported, shall also elect two or 
 more viewers and cullers of staves and hoops; and the municipal 
 officers of a town may, if they deem it necessary, appoint not 
 exceeding seven surveyors of logs. 
 
 Sec. 14. Lumber to be surveyed before delivery. — All boards, plank, 
 timber and joist, offered for sale, shall, before delivery, be surveyed 
 by a sworn surveyor thereof, and if he has doubts of the dimensions, 
 he shall measure the same, and mark the contents thereon, making 
 reasonable allowance for rots, knots and splits, drying and shrink- 
 ing ; pine boards three-fourths of an inch thick when fully seasoned, 
 and in that proportion when partly seasoned, shall be considered 
 merchantable ; and no pine boards, except sheathing boards, shall 
 be shipped for exportation beyond the United States, but such as are 
 square edged, and not less than seven-eighths of an inch thick, nor 
 less than ten feet long, under penalty of forfeiture to the town 
 whence shipped. 
 
 Sec. 15. Dimensions and quality of shingles. — All shingles, packed 
 for exportation beyond the State, shall be sixteen inches long, free 
 from shakes and worm-holes, and at least three-eighths of an inch 
 thick at the butt end when green, and if of pine, free from sap. They 
 shall be four inches wide on an average, not less than three inches 
 wide in any part, hold their width three- fourths of the way to the 
 thin end, well shaved or sawed, and be denominated " number one " ; 
 but shingles intended for sale within the State, if of inferior quality 
 or of less dimensions, may be surveyed and classed accordingly, 
 under the denominations of " number two," and " number three." 
 
 Sec. 16. Manner of sawing and packing shingles; forfeiture. — All 
 shingles shall be split or sawed crosswise the grain ; each bundle shall 
 contain two hundred and fifty shingles, and if in square bundles, 
 
MAINE 325 
 
 twenty-five courses, and be twenty-two inches and a half at the lay ; 
 and when packed to be surveyed as " number one," or for exporta- 
 tion, if in any bundle there are five shingles deficient in the proper 
 dimensions, soundness or number, to make two hundred and fifty 
 merchantable shingles, or if any shingles are offered for sale, before 
 they are surveyed and measured by a sworn surveyor of some town 
 in the county where they were made, and the quality branded on the 
 hoop or band of the bundle, unless the parties otherwise agree, they 
 are forfeited to the town where the offense is committed. 
 
 Sec. 17. Dimensions and quality of clapboards. — All clapboards, 
 exposed for sale or packed for exportation, shall be made of good 
 sound timber, free from shakes and worm-holes, and if of pine, clear 
 of sap ; and they shall be at least five-eighths of an inch thick on the 
 back or thickest part, five inches wide, and four feet six inches long, 
 and straight and well shaved or sawed. 
 
 Sec. 18. Dimensions and quality of staves, and how enumerated. — 
 Staves packed for sale or exportation shall be well and proportion- 
 ably split, and of the following dimensions, viz : 
 
 White oak butt staves, at least five feet in length, five inches wide, 
 and one inch and a quarter thick on the heart or thinnest edge, and 
 every part thereof; 
 
 White oak pipe staves, at least four feet and eight inches in length, 
 four inches broad in the narrowest part, and not less than three-quar- 
 ters of an inch thick on the heart or thinnest edge ; 
 
 White or red oak hogshead staves, at least forty-two inches long, 
 and not less than half an inch thick on the least or thinnest edge; 
 
 White or red oak barrel staves for a market out of the United 
 States, thirty-two inches long; if for use within the United States, 
 thirty inches long; and in either case, half an inch thick on the heart 
 or thinnest edge; 
 
 All white or red oak hogshead or barrel staves, at least, one with 
 another, four inches in breadth, and no one less than three inches in 
 breadth in the narrowest part; those of the breadth last mentioned 
 shall be clear of sap; and two staves shall be sold as, one cast; fifty 
 casts, one hundred staves; and ten hundred staves, one thousand. 
 
 Sec. 19. Dimensions and quality of hogshead hoops; how packed, and 
 forfeiture for deficiency. — All hogshead hoops, exposed for sale or 
 packed for exportation, shall be from ten to thirteen feet in length, 
 and of oak, ash or walnut, and of good and sufficient substance, well 
 shaved ; if of oak or ash, at least one inch broad, and, if of walnut, 
 three-quarters of an inch at the smaller end; the different lengths 
 shall be made up in bundles by themselves ; each bundle shall contain 
 twenty-five hoops, four bundles shall make one hundred, and ten hun- 
 dred hoops, one thousand ; and every bundle, packed for sale or ex- 
 portation, found to be deficient in number or dimensions, is forfeited 
 to the town where it is exhibited. 
 
 Sec. 20. Manufactured lumber, not to be offered for sale until surveyed 
 and branded; penalty. — No person shall deliver on sale, or ship or 
 attempt to ship for exportation, any boards, plank, timber, joists, 
 shingles, clapboards, staves or hoops, before they have been sunned, 
 measured, viewed or culled, as the case may be, and branded by 
 the proper officer, and a certificate thereof given by him, specifying 
 the number, quality and quantity thereof, under a penalty of two 
 
326 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 dollars a thousand, by quantity or tale, as such article is usually 
 sold, half to the town where the offense is committed, and half to 
 the prosecutor; and in addition thereto, the master or owner of any 
 vessel, exporting any of the articles aforesaid beyond the limits 
 of the United States contrai-y to law, shall, for the first offense, for- 
 feit two hundred dollars to the town whence said articles are ex- 
 ported ; and if after conviction he commits a second offense in the 
 same vessel, he forfeits the same sum, and the vessel is also forfeited 
 to the town. 
 
 Sec. 23. Penalty, if surveyor or culler neglects duties or practices 
 fraud in his office. — If any person, duly elected a surveyor, meas- 
 urer, viewer or culler of any of said articles under this chapter, and 
 duly qualified, unnecessarily refuses or neglects to attend to the 
 duties of his office when requested, he forefeits three dollars; and 
 if he connives at or willingly allows any breach of the provisions 
 hereof, or practices any other fraud or deceit in his official duties, he 
 forfeits thirty dollars to the use aforesaid. 
 
 Sec. 24, as amended by Laws, 1919, ch. 74, p. 60. Recovery of penal- 
 ties. — All pecuniary penalties aforesaid may be recovered by action 
 of debt, indictment or complaint, and all other forfeitures, by a 
 libel filed by the treasurer or any inhabitant of the town interested. 
 Where the violation of any of the provisions of this chapter is made 
 an offense with a fine attached, the municipal courts and trial justices 
 shall have concurrent jurisdiction of such offenses with the superior 
 courts and supreme judicial courts. 
 
 Sec. 25°. Duty of surveyors of logs. — Surveyors of logs may inspect, 
 survey and measure all mill logs floated or brought to market or 
 offered for sale in their towns, and divide them into several classes, 
 corresponding to the different quality of boards and other sawed 
 lumber, which may be manufactured from them ; and they shall give 
 certificates under their hands of the quantity and quality thereof 
 to the person, at whose request they are surveyed. 
 
 Sec. 26 (1909). Unit of measure of logs and timber; how measured. — 
 Unless the parties otherwise agree, in the scaling or measurement 
 of unmanufactured logs and timber the cubic foot shall be the unit 
 of measure, to be determined by mathematical calculation or by such 
 cubic rule as the parties may agree upon. 
 
 Sec. 27 (1915). Round timber shall be scaled. — Any person measur- 
 ing round timber, the quantity of which is estimated by the thousand, 
 shall scale the same and mark upon each log surveyed by him the 
 contents thereof, unless otherwise agreed by the parties contracting. 
 
 Laws, 1919, ch. 124, p. 116. 
 
 Weighers and measurers not to give certificate of weight or measure 
 until qualified; penalty. — It shall be unlawful for any weigher of 
 coal, hay, straw, junk or other articles offered to be weighed, or for 
 any measurer of wood, bark or charcoal to give a certificate of 
 weight or measure until said weigher or measurer shall have quali- 
 fied by taking oath for the faithful performance of the duties of his 
 office. Whoever violates the provisions of this act shall be punished 
 by a fine of not less than ten dollars or more than twenty-five dollars 
 for each offense and trial justices and municipal courts shall have 
 concurrent jurisdiction with the supreme judicial court of all prosecu- 
 tions for violations of this act. 
 
MAINE 327 
 
 Rev. Stats., 1916, ch. 37, p. 648. 
 
 Sec. 14 (1909). Standard unit of measure for milk and cream. — All 
 milk and cream bought and sold by measure for consumption within 
 this State shall be bought and sold by wine measure, the standard 
 for which shall be two hundred and thirty-one cubic inches to the 
 gallon, and for subdivisions of the gallon, in the same proportion. 
 
 Sec. 15 (al911). All measures, cans, etc., snail be proved and plainly 
 marked. — All measures, cans or other vessels used in the purchase 
 or sale of milk or cream, except glass bottles and jars sealed in 
 accordance with the provisions of sections twenty and twenty-one, 
 shall be tried and proved by the standard mentioned in the preceding 
 section, by the sealer of weights and measures of the city or town in 
 which the person, firm or corporation purchasing or selling such 
 milk or cream resides or has a place of business. The sealer of 
 weights and measures shall, agreeably to such standard, plainly stamp 
 thereon the quantity which such measures, cans or other vessels 
 hold, together with the year in which such measures, cans or other 
 vessels are sealed. Whoever, by himself, clerk, servant or agent, 
 sells by measure any milk or cream by any other than the measure 
 so tried, sealed and marked, shall forfeit for each offense the sum 
 of ten dollars. Any measure, can or other vessel used in the purchase 
 or sale of milk or cream, lawfully sealed, as aforesaid, in any city or 
 town within the State shall be deemed to be lawfully sealed under 
 the provisions of this section. 
 
 Sec. 17 (1909). Penalty for mutilating cans and measures, or erasing 
 names and marks from same. — Whoever by himself or by his servant' 
 or agent, or as the servant or agent of any other person, firm or 
 corporation, having custody of a milk can, measure or other vessel 
 used as a container for milk destined for sale, shall wantonly, wil- 
 fully 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 wantonly, wilfully or maliciously erase, efface or otherwise 
 mutilate said can, measure or other vessel so that any names, figures 
 or other marks placed thereon by a sealer of weights and measures 
 shall become illegible shall be punished by a fine not exceeding fifty 
 dollars. 
 
 Sec. 20 (1913). Milk bottles shall be sealed; dealers in milk or cream 
 shall cause bottles to be sealed; sealed bottles shall not be legal measure 
 except for milk or cream. — Glass bottles and jars which are used for 
 the distribution of milk or cream to consumers and which hold, when 
 filled to a level with the bottom of the cap or stopple, not less thar 
 thirty-two ounces or more than thirty-two ounces and six drains; not 
 less than sixteen ounces or more than sixteen ounces and four drams : 
 not less than eight ounces or more than eight ounces and two drams 
 for the quart, pint and one-half pint, respectively,, shall be sealed as 
 full measure under the provisions of section thirteen of chapter 
 forty-eight, or by the manufacturer. All dealers in milk or cream 
 who use glass bottles or jars for the distribution of milk or cream 
 to consumers, which have not been sealed by the manufacturer, 
 shall bring such bottles or jars to the office of their city or town 
 sealer to be sealed as aforesaid. If a bottle or jar has once been 
 
328 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 sealed by a sealer of weights and measures, or by the manufacturer, it 
 shall not in any case be necessary to have it sealed again at any time 
 while it is used for the distribution of milk or cream to consumers. 
 Glass bottles or jars sealed under the provisions of this section shall 
 not be legal measures except for the distribution of milk or cream 
 to consumers. 
 
 Sec. 21 (al915). Marking of bottles and jars sealed by manufacturer; 
 bond of manufacturer. — Such bottles or jars as are sealed by the 
 manufacturer shall be marked with the name, initials or trade-mark 
 of the manufacturer, and designating number, which designating 
 number shall be different for each manufacturer and may be used in 
 identifying the bottles. . The designating number and the words 
 "Maine seal" shall be marked on the outside of the upper half of each 
 bottle. The designating number shall be furnished by the State 
 sealer of weights and measures upon application by the manufac- 
 turer, and upon filing by the manufacturer, with the treasurer of 
 State, of a bond payable to the State in the sum of one thousand 
 dollars, with sureties to be approved by the attorney general, con- 
 ditioned upon his conforming to the requirements of this section. A 
 record of the bonds furnished, the designating numbers and to whom 
 furnished, shall be kept in the office of the State sealer of weights and 
 measures. 
 
 Sec. 22 (1913). Penalty for violation. — Any manufacturer who sells 
 milk or cream bottles to be used in this State that do not comply as to 
 size and markings with the provisions of the two preceding sections, 
 shall forfeit five hundred dollars, to be recovered by the attorney 
 general in an action upon the bonds of such manufacturer. Any 
 dealer who uses for the purpose of selling milk or cream, jars or 
 bottles purchased after the third day of July, nineteen hundred and 
 fifteen, that do not comply with the requirements of this section as 
 to markings and capacity shall be deemed guilty of using false or 
 insufficient measures. 
 
 Sec. 25 (1905). Milk shall be weighed and tested by the Babcock 
 test ; test shall be made by owners or operators of creamery ; upon petition 
 tests may be made by commissioner of agriculture ; proviso. — All milk or 
 cream purchased by any persons, firm or corporation, for use in or to 
 be resold by any creamery in this State, shall be weighed and shall be 
 tested by the Babcock test to ascertain the amount of butterfat per 
 pound therein contained; and the value of the cream or milk thus 
 purchased shall be determined by the amount of butterfat per pound 
 as thus ascertained. The test herein provided shall be made by the 
 owners or operators of the creamery purchasing as aforesaid ; but 
 upon petition in writing, 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 shall be made by, or under the direction of said commis- 
 sioner, and the finding of said commissioner shall be conclusive upon 
 all parties therein concerned : Provided, however, that Avhen the total 
 number of patrons of any one creamery exceeds one hundred then; 
 the number of petitioners herein required by patrons need not ex- 
 ceed thirty. All samples of cream treated by said test shall be 
 weighed and the standard unit for testing shall be eighteen grams. 
 
MAINE 329 
 
 Sec. 26. Penalty. — Any person, firm or corporation, or the servant 
 or agent of any person, firm or corporation, who shall violate the pre- 
 ceding section shall be punished by a fine not exceeding fifty dollars 
 or by imprisonment not exceeding thirty days. 
 
 Sec. 28 (1915). Bottles and glasses used to measure milk or cream 
 shall be tested for accuracy, and marked. — All bottles, pipettes or other 
 measuring glasses used by any person, firm or corporation, or their 
 agents or employees, at any creamery, butter factory, cheese factory, 
 condensed milk factory or elsewhere in this State, in determining by 
 the Babcock test or any other test, the value of milk or cream received 
 from different persons at such creameries or factories, shall be tested 
 before such use, for accuracy of measurement and for accuracy of 
 the per cent scale marked thereon. Such bottles, pipettes or measur- 
 ing glasses shall bear in marks or characters ineffaceable the evidence 
 that such test has been made by the authority named in the following 
 section. No inaccurate bottles, pipettes or other glasses shall bear 
 such marks or characters. 
 
 Sec. 29. Duty of director of Maine Agricultural Experiment Station to 
 test and mark all bottles, etc. — The director of the Maine Agricultural 
 Experiment Station, or some competent person designated by him, 
 shall test the accuracy of all bottles, pipettes or other measuring 
 glasses used by persons, firms or corporations in the State buying 
 or pooling milk or cream, or apportioning butter or cheese, made 
 from the same, by the contents of butter-fat contained therein. 
 The said director,- or the person designated by him, shall mark such 
 bottles, pipettes or other measuring glasses as are found correct, with 
 marks or characters which can not be erased, and which marks or 
 characters shall stand as proof that they have been so tested. The 
 said director shall receive for such service no more than the actual 
 cost incurred, which shall be paid by the persons or corporations for 
 whom it is done. 
 
 Sec. 30. Persons who manipulate test shall be certified by superintendent 
 of dairy school. — Any person, either for himself or in the employ 
 of any other person, firm or corporation, who manipulates the Bab- 
 cock test or any other test, whether mechanical or chemical, for the 
 purpose of measuring the < ontents of butter-fat in milk or cream for 
 a basis of apportioning the value of such milk or cream, or of the 
 butter or cheese made from the same, shall secure a certificate from 
 the superintendent of the dairy school at the University of Maine 
 that he is competent and Avell qualified to perform such work. The 
 rules and l^egulations in the application for such certificate and in 
 the granting of the same shall be such as the superintendent of tha< 
 school may arrange, and the fee for issuing a certificate shall not 
 exceed one dollar, and shall be paid by the applicant. 
 
 Rev. Stats., 1916, ch. 60, p. 985. 
 
 Sec. 19 (1909). All meters furnished to consumers must be inspected 
 and sealed. — -No corporation, municipality, district or person shall 
 furnish for use any gas, electric or water meter in any city or town, 
 in which there shall be a duly appointed and qualified inspector of 
 meters, unless such meter shall have been first inspected, approved, 
 marked and sealed by such inspector. Every corporation, munici- 
 pality or district or person furnishing gas, water or electric current 
 to consumers, shall provide and keep in and upon its premises a 
 
330 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 suitable and proper apparatus, to be approved and stamped by the 
 inspector of meters for such city or town, for testing and proving the 
 accuracy of all water, gas and electric meters, by which apparatus 
 every meter furnished to a consumer shall be tested. 
 
 Sec. 20. Inspectors of meters, appointment. — The municipal officers 
 of cities and towns may. annually appoint an inspector of 
 meters who shall 'serve for one year or until another is qual- 
 ified in his stead, at such salary as the municipal officers shall deter- 
 mine. The said inspector shall have charge of the inspection of 
 all water, gas and electric meters furnished for use in the city or 
 town. 
 
 Sec. 21. Duties. — He shall, upon application in writing as provided 
 in the following section, by any consumer of gas, water or electric 
 current in said city or town, inspect, examine, prove, and ascertain 
 the accuracy of any gas, water or electric meter of which complaint 
 is made, and when the said meter shall be found, or made, to be 
 correct, the inspector shall stamp or mar}? such meter with some 
 suitable device, which device shall be recorded in the office of the 
 clerk of the city or town where he was appointed. 
 
 Sec. 22. Application for inspection; removal of faulty meter; expense 
 of inspection. — If any consumer, to whom a meter has been fur- 
 nished, shall apply in writing to the city or town clerk for the in- 
 spection of such meter, and shall deposit with the clerk the fee fixed 
 by the municipal officers for said service, the inspector shall inspect 
 and test said meter and, if said meter on being so tested, shall be 
 found to be incorrect to the extent of four per cent, if an electric 
 meter, or two per cent, if a gas or water meter, to the prejudice 
 of such consumer, the inspector shall order the corporation, district, 
 municipality or person furnishing said meter forthwith to remove 
 the same and to install in place thereof a meter which has been tested, 
 approved, marked and sealed by an inspector of meters; and the 
 inspector shall thereupon give a certificate to the consumer, showing 
 the result of said test: upon presenting said certificate to the city 
 or town clerk the consumer shall receive the fee deposited with said 
 clerk; and in such case the corporation, district, municipality, or 
 person shall bear the expense of such inspection and shall pay to 
 the treasurer of the city or town the fee required of the consumer; 
 but such consumer shall not be entitled to recover back in whole or 
 in part from such corporation, municipality, district or person any 
 sums paid for service prior to the filing of his application for in- 
 spection. All fees collected by the city or town clerk or treasurer 
 shall be placed to the credit of the city or town to be used for mu- 
 nicipal purposes. 
 Rev. Stats., 1916, ch. 36, p. 634. 
 
 Sec. 4 (1911). Every package of commercial feeding stuff shall be 
 labelled, giving net weight, brand, or trade-mark. — Every lot or pack- 
 age of commercial feeding stuff, which is manufactured, sold, distrib- 
 uted, transported, offered or exposed for sale, distribution or trans- 
 portation in the State by any person, shall have affixed in a con- 
 spicuous place on the outside thereof, a plainly printed statement, 
 clearly and truly giving the number of net pounds in the package: 
 the name, brand or trade-mark under which the article is sold; the 
 name and principal address of the manufacturer or shipper; 
 * * * 
 
MAINE 331 
 
 Sec. 6, as amended by Laws, 1919, ch. 126, p. 117. Every package of 
 commercial fertilizer shall be labelled, giving net weight, name or trade- 
 mark. — Every lot or package of commercial fertilizer, which is 
 manufactured, sold, distributed, transported, offered or exposed for 
 sale, distribution or transportation in the State by any person shall 
 have affixed in a conspicuous place on the outside thereof a plainly 
 printed statement clearly and truly giving the number of net pounds 
 in the package; the name, brand or trade-mark under which the 
 fertilizer is sold; the name and principal address of the manufac- 
 turer or importer * * *. 
 
 Sec. 7 (1913). Lime, marl or wood-ashes classed as a commercial 
 fertilizer. — Lime, marl or wood-ashes intended for fertilizing pur- 
 poses, and without regard to the price at which it is sold or offered 
 for sale, shall be classed as a commercial fertilizer within the mean- 
 ing of this chapter. All the requirements and penalties relative to 
 commercial fertilizers named in this chapter shall apply to any and 
 every lot of lime, marl or wood-ashes intended for fertilizing pur- 
 poses. * * * 
 
 Sec. 9 (1911). Every package of fungicide shall be labelled, giving 
 net weight, name or trade-mark. — Every lot or package of a fungicide 
 or an insecticide which is manufactured, sold, distributed, trans- 
 ported, offered, or exposed for sale, distribution or transportation in 
 the State by any person, shall have affixed in a conspicuous place 
 on the outside thereof a plainly printed statement clearly and truly 
 stating the number of net pounds in the package, the name or trade- 
 mark under which the article is sold, the name and address of the 
 manufacturer or shipper, * * * 
 
 Sec. 14 (1913). Misbranding of food regulated; quantity of contents 
 to be shown. — For the purpose of this act an article of food in 
 package form if sold at a greater price than five cents, shall also 
 be deemed to be misbranded if the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure, or numerical count: Provided, however, 
 That reasonable variations shall be permitted, and tolerances shall 
 be established by rules and regulations made in accordance with 
 section thirteen of this act: And further provided, That the penalties 
 of this act shall not be enforced on account of sale of food not 
 branded in terms of weight, measure, and numerical count, pur- 
 chased prior to September third, nineteen hundred and fourteen. 
 
 Sec. 25. Standard barrel for apples defined; standard bushel box 
 defined; proviso. — The standard barrel 3 for apples shall contain 
 seven thousand cubic inches: Provided, however, That a barrel of 
 the following dimensions when measured without distention of 
 parts: Length of stave, twenty-eight and one-half inches; diameter 
 of head, seventeen and one-eighth inches; distance between heads, 
 twenty-six inches; circumference of bulge not less than sixty-four 
 inches outside measurement, shall be a lawful barrel. The standard 
 bushel box for apples shall contain two thousand three hundred and 
 fifty cubic inches: Provided, however, That a box eighteen inches by 
 eleven and one-half inches by ten and one-half inches, inside meas- 
 urement, without distention of parts, shall be a lawful bushel box. 
 
 ' See p. 20 relative to the Federal standard barrel. 
 
332 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 26 (1915). Marks upon barrels and boxes used in shipping 
 apples. — Manufacturers of standard barrels and boxes to be used in 
 shipping apples shall mark, in a conspicuous place, on each barrel 
 the words " Standard barrel " and on each box the words " Standard 
 box." Whoever fails to comply with this section shall be punished 
 by fine not exceeding one hundred dollars. Municipal and police 
 courts, and trial justices shall have original jurisdiction, concurrent 
 with the supreme judicial court and the superior courts, of prosecu- 
 tions under this section. 
 
 Sec. 28, as amended by Laws, 1923, ch. 94, p. 108, sec. 2. Size of 
 package; name of owner, etc., to be on outside of package. — Every 
 closed package of apples, which is packed, sold, distributed, trans- 
 ported, offered or exposed for sale, distribution or transportation in 
 the State by any person shall have affixed in a conspicuous place on 
 the outside thereof a plainly printed statement clearly and truly 
 stating the size of the package in terms of standard bushel box or 
 standard barrel, the name and address of the owner or shij>per of the 
 apples at the time of packing, the name of the variety, the class or 
 grade of the apples contained therein, and the minimum size of the 
 fruit in the packages, and if the apples were grown in Maine, that 
 fact shall be plainly designated and the word apples must appear 
 in all instances. 
 
 Sec. 29 (1913). Misbranded or adulterated apples shall not be 
 packed. — No person shall within this State, pack, sell, distribute, 
 transport, offer or expose for sale, distribution, or transportation, 
 apples which are adulterated or misbranded within the meanings of 
 sections thirty and thirty-one of this chapter. 
 
 Sec. 30. Term " adulterated " denned. — For the purpose of sections 
 twenty-five to thirty-four, both inclusive, of this chapter, apples 
 packed in a closed package shall be deemed to be adulterated if their 
 measure, quality, grade or purity do not conform in each particular 
 to the claims made upon the affixed guaranty. 
 
 Rev. Stats., 1916, ch. 38, p. 658. 
 
 Sec. 15 (al897). Pressed hay, how to be marked; penalty; when per- 
 son receiving hay not marked may defend action for price. — All hay 
 pressed and put up in bundles, except hay pressed by farmers and 
 retailed from their own barns, shall have the first letter of the 
 Christian name and the whole of the surname of the person putting 
 up the same, written, printed or stamped on bands or boards made 
 fast thereto, with the name of the State and the place where such 
 person lives. Whoever offers for sale or shipment any pressed hay 
 not marked as aforesaid, except hay pressed by farmers and retailed 
 from their own barns, forfeits one dollar for each bale so offered, 
 to be recovered by complaint. No person who has received hay not 
 marked as provided in this section shall defend any action for the 
 price thereof upon that ground, unless he shall prove that, before 
 the delivery of said hay to him, he requested the person from whom 
 he bought the same to comply with the provisions of this section. 
 
 Rev. Stats., 1916, ch. 45, p. 703. 
 
 Sec. 9 (1901). Duty of inspector as to inspection and packing of fish. — 
 Every inspector who inspects any kind of fish that are split and 
 pickled for packing, shall see that they are, in the first instance, free 
 
MAINE 333 
 
 from taint, rust or damage, and well struck with salt or pickle ; and 
 such of said fish as are in good order and of good quality, shall be 
 pickled in barrels, half barrels, quarter barrels and tenths of barrels 
 or kits ; each barrel containing two hundred pounds, and so on in that 
 proportion ; and the same shall be packed in good, clean coarse salt, 
 sufficient for their preservation; and then each cask shall be headed 
 up and filled with clear, strong pickle, and shall be branded by the 
 inspector with the name and quality of the fish therein. 
 
 Sec. 11. Quality of casks and how made; dimensions. — All barrels and 
 casks used for packing pickled fish, shall be made of sound, well- 
 seasoned white oak, white ash, spruce, pine, chestnut or poplar staves 
 with heading of either of such kinds of wood, sound, well planed and 
 seasoned, and when of pine, free from sap, and the barrels hooped 
 with at least three strong hoops on each bilge, and three also on each 
 chime ; the barrel staves shall be twenty -eight inches in length, and 
 the heads not less than sixteen and one-half inches between the 
 chimes, and made in workmanlike manner, to hold pickle. The bar- 
 rels shall contain from twenty-eight to thirty gallons each, and the 
 aliquot parts of a barrel in the same proportion. 
 
 Sec. 12. Pickled alewives and herring, how prepared and packed. — 
 Every inspector who inspects pickled alewives or herring, or other 
 small fish, packed whole or round, shall see that they are struck with 
 salt or pickle, and then put in good casks of the size and material 
 aforesaid, packed closely therein, and well salted, and the casks 
 filled with fish and salt, putting no more salt with the fish than is 
 necessary for their preservation; and the inspector shall brand or 
 stencil all such casks with the name of the inspected fish as afore- 
 said. 
 
 Sec. 49 (1913). Boxes for smoked herring. — No person, firm or cor- 
 poration engaged in the State in buying, selling and packing of 
 smoked herring, shall sell or offer for sale smoked herring in boxes 
 of less than the following dimensions, viz : Two inches in depth, six 
 inches in width, inside measure, and twelve inches in length, outside 
 measure. Whoever packs, sells or offers for sale, smoked herring in 
 boxes in violation of this section shall forfeit twenty-five cents for 
 each box so packed, sold or offered for sale ; but this section does not 
 apply to boxes of boneless herring. 
 
 Sec. 60 (al909). Size of clam-bait barrel; penalty. — In all contracts 
 relating to the sale of clam bait, fresh or salt, by the barrel, and 
 clam bait barrels, such barrel shall be twenty-five and one-fourth 
 inches long, and fifteen and one-half inches head diameter, outside 
 measure. Whoever violates this provision shall be liable to a penalty 
 not exceeding fifty dollars for each offense. 
 
 Laws, 1925, ch. 57, p. 40. 
 
 Sec. 1. Standard time defined. — Within the State of Maine, the 
 standard time shall be based on the mean astronomical time of the 
 seventy-fifth degree of longitude west from Greenwich, known and 
 designated by the Federal statute as " United States standard eastern 
 time." It shall be unlawful for any town or other municipality to 
 vote for, or otherwise establish, any other system of time. 
 
MARYLAND 
 
 Ann. Code, 1924, Bagby, Vol. 2, Art. 97, p. 3032. 
 
 Sec. 1 (al914). State standards. — The standards for weights and 
 measures in this State, except as otherwise provided in this article, 
 shall be the same as the standards of weights and measures of the 
 United States. 
 
 Sec. 2. County inspector of standards, appointment of; duties. — The 
 county commissioners of each county, shall, on or before the first 
 day of May in each year, appoint some person, or persons, as in- 
 spector or inspectors of standards of weights and measures, who 
 shall safely keep and preserve the same, and, when required, de- 
 liver them to said county commissioners, or to such persons as they 
 may appoint to receive the same; and who shall perform the duties 
 as prescribed by this article in the territory for which they have 
 been appointed. 
 
 Sec. 3. Inspectors for Baltimore city, appointment of; duties of. — The 
 comptroller of Baltimore city shall appoint such number of in- 
 spectors of standards of weights and measures as may be required 
 for said city, said appointment to be made in the way and manner 
 now, or that may hereafter be, adopted by the mayor and city 
 council of Baltimore under and by virtue of the powers conferred by 
 the charter of said city; and said inspectors shall safely keep and 
 preserve said standards of weights and measures in and for the city 
 of Baltimore, and, when required, deliver them to said comptroller, 
 or to such persons as he may appoint to receive the same; and they 
 shall perform the several duties prescribed by this article in and 
 for the territory for which they have been appointed. 
 
 Sec. 4. Bond.- — Each person so appointed for the several counties 
 and the city of Baltimore, before entering upon the duties of his 
 office, shall give bond to the county commissioners of the county for 
 which he is appointed or to the mayor and city council of Baltimore 
 city if appointed for said city, in the penal sum of five hundred 
 dollars, conditioned for the faithful discharge of all the duties 
 appertaining to his office. 
 
 Sec. 5 (al916). All weights and measures to be inspected and 
 stamped annually; other provisions for Baltimore. — All weights and 
 measures used within this State in the vending of articles, shall be 
 inspected and stamped or branded by said inspectors, and when 
 adjusted shall be by said inspectors stamped or branded with letters 
 " Md.S.," meaning thereby " Maryland Standard," together with the 
 figures that will indicate the year of inspection, in such manner and 
 on such parts of said weights and measures as shall be most lasting 
 and effectual in preventing and detecting fraudulent practices or 
 impositions in the use of such weights and measures; and the like 
 inspection shall be repeated once in every year, and the year of in- 
 spection stamped or branded thereon: Provided, That such inspec- 
 
 334 
 
MARYLAND 335 
 
 tion and stamping or branding, as set out in this section, shall be 
 done in the city of Baltimore at such times and in the manner as is 
 now, or may hereafter be provided by the mayor and city council of 
 said city. Such weights and measures so examined and stamped or 
 branded as aforesaid, and no other, shall be used in this State in the 
 vending of such articles as are directed by law to be, or are usually 
 sold by weight or measure, firm or corporation or agent, employee or 
 officer of any person, firm or corporation; and any person violating 
 any one of the provisions of this section shall be liable to indictment 
 in any court in this State having criminal jurisdiction, and upon 
 conviction thereof shall be fined not more than fifty dollars, in the 
 discretion of the court, for the first offense, and if convicted a second 
 time for a violation of this section, the person or persons so offending 
 shall be fined not more than one hundred dollars, and be imprisoned 
 for not more than thirty days, in the discretion of the court, and his, 
 ber or their license, if any was issued for the business he, she or they 
 are engaged in, shall be declared null and void by the judge of said 
 court ; and it shall not be lawful for such person or persons to obtain 
 another license for the period of twelve months from the time of such 
 conviction, nor shall a license be obtained by any other person or 
 persons to carry on said business on the premises or elsewhere, if the 
 person, so as aforesaid convicted, has any interest whatever therein, 
 or shall derive any profit whatever therefrom; and in case of being 
 convicted more than twice for a violation of this section, such person 
 or persons on each occasion shall be imprisoned for not more than 
 sixty days, and fined not more than double that imposed on such 
 person or persons on the last preceding conviction; and his, her or 
 their license, if any was issued, may be declared null and void by the 
 court, and no new license shall be issued to such person or persons for 
 a period of two years from the time of such conviction, nor to any one 
 else to carry on said business wherein he or she is in anywise inter- 
 ested, as before provided for the second violation of the provisions 
 of this section. 
 
 Sec. 6 (al914). Inspections, when made; notice to be given. — The 
 inspectors of weights and measures for the several counties of the 
 State shall attend at the different markets, towns and villages, in 
 the county for which they shall respectively be appointed at least 
 once in each year, and at the different public inspecting warehouses 
 in said counties at least twice in each year, on some certain days to 
 be appointed by the county commissioners of which thirty days' 
 public notice 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 conspicuous place 
 in the said markets, warehouses, villages and towns, and shall inspect 
 and adjust all beams and scales, weights and measures, used or in- 
 tended to be used in said county : Provided, That such inspection and 
 adjustment of all beams, scales, weights and measures in Baltimore 
 city shall be made at the times and in the manner as is now or may 
 hereafter be provided by the mayor and city council of said city. 
 
 Sec. 7. Record to be kept and report of same made; small packages to 
 be examined and certificate issued to manufacturer, when. — Each in- 
 spector of weights and measures shall keep a record in book form, 
 
 517—26 22 
 
336 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 in which he shall register the names of the persons whose beams and 
 scales, weights and measures he has adjusted, also the names of the 
 manufacturers or persons for whom sample packages have been 
 measured, together with the day of the month and year, and number 
 and description of the same so adjusted or measured, which he shall 
 submit to the inspection of the county commissioners of the county 
 for which he is appointed, or the comptroller of Baltimore city if 
 appointed for said city, once in each year or oftener if required. It 
 shall also be the dut}*' of the inspector or inspectors of standards of 
 weights and measures to examine all sample packages submitted to 
 them for measurement, and if the submitted package or packages 
 are found to be in conformity with the standard of measurements 
 as provided for by this article, the said inspector or inspectors are 
 to issue a certificate to the party or parties submitting the sample 
 package setting forth this fact, which certificate is to be sufficient 
 authority for the manufacturer of such packages to manufacture 
 and to sell the same. 
 
 Sec. 8. Refusal to have weights or measures inspected; penalty. — If 
 any person, firm or corporation, or agent, employee, or officer, of 
 any person, firm or corporation shall refuse or neglect to have his, 
 her, their or its beams or scales, weights and measures inspected and 
 adjusted as directed in this article when required to do so by the 
 proper officer, he, she, they, or it, shall be fined five dollars for every 
 day during such delinquency. 
 
 Sec. 9 (al920) . Family scales prohibited for commercial purposes; 
 penalty; not applicable, where. — It shall be unlawful for any person, 
 firm or corporation, or agent, employee or officer of any person, firm 
 or corporation to have in his, their or its possession for commer- 
 cial purposes, any scale designated or commonly known as family 
 scales. Any person, firm or corporation, or any agent, employee 
 or officer of any person, firm or corporation having in his, her, their 
 or its possession for commercial purposes any such scale, shall on 
 conviction be subject to a fine of not less than twenty dollars nor 
 more than fifty dollars for each offense: Provided, That this shall 
 not apply to any county of which there is no inspector of weights 
 and measures or other similar official. 
 
 Sec, 10 (al914). Inspection and seizure of apparatus; how disposed 
 of. — If any inspector shall be informed or has reason to suspect that 
 any person, firm or corporation is using, or has in his, her, their or 
 its possession with fraudulent intention any false beams or scales, or 
 weights, or measures, he shall examine the same, and if he finds 
 them, or any of them to be false he shall seize the same as a for- 
 feiture, and adjust, and sell them at public auction; and shall annu- 
 ally return a statement of the money received therefor under oath 
 to the county commissioners of the county for which he is appointed, 
 or the comptroller of Baltimore city, if appointed for said city. 
 
 Sec. 11. 'Use of apparatus with broken, altered or condemned seal; 
 penalty; proviso; not applicable to berry box or standard barrel. — If 
 any weight or measure which shall have been stamped or branded as 
 required by provisions of this article, shall be broken, injured, 
 altered', or changed, or condemned by any inspector, and shall be 
 found thereafter in the use of any person, firm or corporation, or 
 agent, employee, or officer, of any person, firm, or corporation, within 
 
MARYLAND 
 
 337 
 
 this State, such person, firm, or corporation, or agent, employee, or 
 officer of such person, firm or corporation, shall be fined twenty dol- 
 lars lor each and every offense : Provided, That this section shall not 
 apply to the standard quart berry box or basket, nor to the standard 
 barrel for the measurement in this State of green peas or beans in 
 the hull. 
 
 Sec. 12 (1920). Unlawful to dispose of any condemned weight of 
 measure; penalty. — It shall be unlawful for any person, firm or cor- 
 poration, or for any agent, employee or officer of any person, fira 
 or corporation to sell, destroy or dispose in any way of any scale 
 weight or measure which has been condemned by an inspector o; 
 weights and measures in the city of Baltimore without the knowl 
 edge and consent of said inspector, or to remove any tag placed or 
 a scale, weight or measure by such inspector showing that it has 
 been condemned until such scale, weight or measure has been re- 
 inspected and approved, and the said tag shall be placed in a con- 
 spicuous place, and shall only be removed by one of the inspectors 
 of weights and measures. Any one violating the provision of this 
 section shall, upon conviction, be fined not less than twenty-five nor 
 more than one hundred dollars for each and every offense. 
 
 Sec. 13 (al914). Compensation of inspectors. — Each inspector for 
 the several counties shall receive compensation for the discharge of 
 his duties as the county commissioners of the county for which he 
 is appointed shall think proper to allow, which shall be levied on 
 the assessable property of said county, and collected as other county 
 charges. And the inspectors appointed for Baltimore city shall 
 receive compensation for the discharge of their duties as is now, or 
 may hereafter be, provided by the mayor and city council of said 
 city. 
 
 Sec. 14. Adjustment of apparatus by inspector; compensation there- 
 for. — Whenever any inspector shall be applied to [to] adjust scales, 
 weights and measures by adding to or diminishing the same, or to 
 adjust scales and beams he shall be allowed an additional reasonable 
 compensation therefor to be paid by the party so applying for his 
 services. 
 
 Sec. 15. Standard gallon and subdivisions; barrel; hogshead. — The 
 units or standards of measures of capacity for liquids designated 
 in this article shall be based on a liquid ' gallon, or two hundred 
 and thirty-one cubic inches; thirty-one and one-half gallons equal- 
 ing one barrel, and two barrels one hogshead, continual divisions of 
 the gallon by two, equaling half-gallons, quarts, pints, half-pints 
 and gills. 
 
 Sec. 16. Dry measure; standard bushel and subdivisions. — The units 
 or standards of measures of capacity for dry measure designated 
 in this article shall be based on a dry bushel of two thousand one 
 hundred and fifty and four-tenths cubic inches; continual divisions 
 of the bushel by two, equaling half-bushels, pecks, half-pecks, quar- 
 ter-pecks, quarts, pints and half-pints. 
 
 Sec. 17. Standard basket.— The standard five-eighths (%) of a 
 bushel basket shall contain not less than thirteen hundred and fortv- 
 four (1,344) cubic inches. 
 
 Sec. 18. Standard measure for shipping and selling berries, nuts, and 
 small fruits.— The standard of measure for shipping and selling 
 
338 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 strawberries, raspberries, blackberries, currants, gooseberries, cran- 
 berries, whortleberries, cherries, plums, peanuts, kernels of other 
 nuts, and all other berries and small fruits, grown and packed in this 
 State, or grown elsewhere and packed or repacked in this State, shall 
 be the quart containing sixty-seventh and two-tenths cubic inches, 
 continual division of the quart by two, equaling pints and half- 
 pints. 
 
 Sec. 19 (al920). Standard berry boxes only permitted; penalty. — Any 
 person, firm or corporation, or agent, employee or officer or any 
 person, firm or corporation, having in his, her or its possession for 
 use for the packing or repacking of the berries, fruits, nuts and other 
 articles designated in the sixteenth section of this article, grown in 
 this State or elsewhere, a berry box or basket of less capacity than 
 that designated in section sixteen, shall on conviction be fined not 
 less than twenty dollars nor more than fifty dollars for each of- 
 fense; and the possession for use, or use of each such berry box or 
 basket shall constitute a separate offense. 
 
 Sec. 20 (al914). Standard bushel box or basket for shipment or sale 
 of peaches, pears, tomatoes, other fruits and vegetables. — The standard 
 bushel box or basket for the shipment or sale by the box or basket 
 of peaches, pears, tomatoes, and all other fruits and vegetables grown 
 and packed in this State, or grown elsewhere and packed or re- 
 packed in this State, shall be of the capacity of two thousand one 
 hundred and fifty and four-tenths cubic inches when even full, a 
 half -bushel box or basket for the same shall be of the capacity of one 
 thousand and seventy-five and two-tenths cubic inches when even 
 full. 
 
 Sec. 21 (al916). Standard barrel for green peas or beans in the hull; 
 dimensions; dimensions, how stamped; penalty. — The standard barrel 1 
 for the measurement of all green peas, or beans in the hull for which 
 a heaping measure is now given, shall be of the following dimen- 
 sions, namely: Diameter of said barrel at the top shall be eighteen 
 and three-fourths inches inside the staves, the diameter at the 
 bottom inside the staves shall be sixteen and one-fourth inches, and 
 the depth of said barrel shall be twenty-six inches inside, and to con- 
 tain in all six thousand two hundred and fifty-three and three- 
 fourths cubic inches, measurement by said barrel to be struck 
 measure. The dimensions of any barrel so used shall be stamped by 
 the inspector of weights and dry measures of the city of Baltimore 
 upon the same in three conspicuous places, and any person using a 
 barrel for the measurement of peas, beans and like farm products 
 without being so stamped shall be fined not less than one hundred 
 dollars nor more than five hundred dollars, said fines to be collected 
 as other fines are now collected. 
 
 Sec. 22 (al914). Use. of standard barrel after being broken, injured 
 or altered; penalty for. — If any barrel for the measurement of green 
 peas, or beans, in the hull when sold by the bushel in this State, 
 which shall have been stamped as provided for in section 21 of this 
 article, shall be broken, injured, altered, or changed, or condemned 
 by the inspector, and shall be found thereafter in the use of any 
 person, firm, or corporation, or agent, employee, or officer of any 
 person, firm, or corporation, within the State, such person, firm, or 
 
 1 See p. 20 relative to the Federal standard barrel. 
 
MARYLAND 
 
 339 
 
 corporation, or agent, employee, or officer of such person, firm or 
 corporation, shall be fined not less than one hundred dollars for each 
 offense. 
 
 Sec. 23. Standard barrel for shipment or sale of pears, potatoes, cab- 
 bage, carrots, onion and other fruits and vegetables; dimensions of. — 
 The standard barrel for the shipment or sale by the barrel of pears, 
 quinces, Irish potatoes, sweet potatoes, turnips, green peas, beans, 
 cabbage, beets, parsnips, carrots, kale, spinach, broccoli, onions, and 
 all other fruits and vegetables grown and packed in this State, or 
 grown elsewhere and packed or repacked in this State, shall be of 
 not less than the following dimensions : Diameter of top and bottom, 
 sixteen and one-half inches, diameter of bulge, eighteen and one-half 
 inches — both inside measurements, length of stave twenty-seven and 
 one -half inches. 
 
 Sec. 24. Standard double-head barrel for shipment or sale of apples; 
 dimensions. — The standard double-head barrel for the shipment or 
 sale by the barrel of apples grown and packed in this State, or grown 
 elsewhere and packed or repacked in this State, shall be of the fol- 
 lowing dimensions: Head diameter, seventeen and one-eighth inches 
 (17%), regardless of the depth of the chine in the staves; distance 
 between heads, twenty-six inches (26) ; inside measurement; circum- 
 ference at the .bulge, sixty-four inches (64), outside measurement. 
 
 Sec. 25. Manufacture or sale of barrels of less capacity; how marked; 
 penalty; separate, offense, what constitutes. — Any person, firm or cor- 
 poration in this State who manufactures, sells, offers for sale, or has 
 in his, her, or its possession barrels, baskets, or boxes of the capaci- 
 ties defined in sections 20, 23, and 24 of this article, and if of less 
 capacities than are defined in said sections 20, 23, and 24, must 
 plainly mark in three conspicuous places on the exterior sides of 
 said barrels, baskets, or boxes, in letters not less than one and one- 
 half inches high the word " Short." Anj" person, firm, or corpora- 
 tion, or agent, employee, or officer of any person, firm, or corportion, 
 violating any of the provisions of this section shall be fined not 
 less than one dollar, nor more than five dollars for each offense; 
 and the use, sale, or manufacture of each barrel, basket, box, half- 
 box, or half-basket, not marked as designated herein shall con- 
 stitute a separate offense. 
 
 Sec. 26. Standard weights per bushel, ton and barrel.— -The standard 
 weights for grain, hay, straw, produce, and mineral coal for this 
 State shall be as follows : 2 
 
 Apples (dried) 
 
 pounds per bushel- . 28 
 
 Apples (green) do 50 
 
 Alsike clover seed do 60 
 
 Alfalfa seed do 60 
 
 Barley do 48 
 
 Barley malt do 34 
 
 Buckwheat do 48 
 
 Blue-grass seed do 14 
 
 Dried beans do 60 
 
 Bran do 20 
 
 Carrots do 50 
 
 Corn (shelled) do 56 
 
 Corn (on cob) do 70 
 
 Corn (on cob) 
 
 pounds per barrel.. 350 
 
 Corn (shelled) do 280 
 
 Corn meal .pounds per bushel.. 48 
 
 Clover seed do 60 
 
 Castor beans or seed do 50 
 
 Coal or culm do 80 
 
 Coal pounds per ton.. 2, 240 
 
 Charcoal (commercially dry) 
 
 cubic inches per "bushel.. 2, 748 
 
 Cowpeas,.. pounds per bushel. _ 60 
 
 Flour pounds per barrel. _ 196 
 
 Flaxseed-. .pounds per bushel. _ 56 
 
 Herd's grass seed do 45 
 
 - A slight change has been made in the arrangement for convenience of reference. 
 
340 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Hungarian grass seed 
 
 pounds per bushel. _ 
 
 Hemp seed do 
 
 Hay pounds per ton._ 
 
 Lime pounds per bushel. _ 
 
 Millet (German and American) 
 
 pounds per bushel.. 
 
 Oats do 
 
 Onions do 
 
 Orchard grass seed do 
 
 Peaches (peeled) do 
 
 Peaches (unpeeled) do 
 
 Dried peas do 
 
 Potatoes (sweet and Irish) 
 
 pounds per bushel.. 
 
 50 
 
 44 
 
 2,000 
 
 80 
 
 50 
 32 
 54 
 14 
 40 
 32 
 60 
 
 60 
 
 Peanuts pounds per bushel. _ 22 
 
 Rye do 56 
 
 Red top grass seed (chaff) do 14 
 
 Red top grass seed (fancy) 
 
 pounds per bushel.. 32 
 
 Rape do 50 
 
 Straw pounds per ton.. 2, 000 
 
 Salt (coarse) 
 
 pounds per bushel.. 70 
 
 Salt (fine) do 56 
 
 Sorghum do 50 
 
 Timothy grass seed do 45 
 
 Turnips do 60 
 
 Wheat do 60 
 
 Sec. 27. Grain, quantity ascertained by weight, and also charges for 
 freight, etc. — All charges for freight, measurement, weighing, inspec- 
 tion, wharfage and commission on grain shall be made on the number 
 of bushels as ascertained by weight, and not by running measure- 
 ment. Any person, firm or corporation, or agent, employee, or officer 
 of any person, firm or corporation, violating any of the provisions 
 of this section, shall be fined not less than five dollars nor more than 
 fifty dollars for each offense. 
 
 Sec. 28. Cotton, woolen or other dry goods; penalty for false marking 
 as to quanta . — No person shall sell any package or parcel of cotton, 
 woolen, or other dry goods having any mark thereon or attached 
 thereto indicating or stating a greater number or a larger quantity 
 than is actually contained in such package or parcel; and any auc- 
 tioneer, commission merchant or dealer so selling, shall in each 
 case forfeit and pay to the purchaser or purchasers of each package 
 or parcel double the value of the quantity of goods, which on actual 
 measurement shall be found there is wanting in any such package or 
 parcel to make up the number of yards or quantity marked there- 
 on. All sums not exceeding one hundred dollars forfeited and pay- 
 able under this section shall be recoverable by the purchaser or 
 purchasers before a justice of the peace as other debts; and all 
 sums exceeding one hundred dollars by appropriate action in any 
 court having jurisdiction thereof in the city of Baltimore or the 
 county where such sales were made. 
 
 Sec. 29. Tomatoes, standard weight; appointment of weigher; fee for 
 weighing ; salary of weigher. — The standard of weights of tomatoes in 
 in the State of Maryland shall be sixty pounds to the bushel; and 
 for the purpose of ascertaining the true weight thereof, there 
 shall be appointed by the governor a weigher, who shall be charge- 
 able with the duty of weighing all tomatoes and other vegetables 
 sold by weight brought to center market of Baltimore city for 
 sale by the wagon-load on the scales now located at said market 
 when applied to, to have said tomatoes or other vegetables weighed ; 
 and who shall receive therefor the sum of ten cents per wagon-load 
 for performing such services, two cents of which shall be paid by him 
 quarterly to the comptroller to whom he shall give bond in the 
 penalty of one thousand dollars, and the balance he shall retain 
 as his own compensation for the services hereby imposed and per- 
 formed; provided that besides the two cents he shall pay all excess 
 over one thousand dollars to the comptroller, it being the intent of 
 this section that he shall only receive one thousand dollars per 
 
MARYLAND 341 
 
 annum as his salary to be paid entirely from his fees, at eight cents 
 net per load. The said tomatoes and other vegetables shall be 
 weighed in the wagons, and after delivery to the purchaser the 
 wagons and empty boxes shall be returned to the said scales and 
 the weight thereof shall be deducted from the gross weight as 
 shown by the first weighing, and the said packers or purchasers 
 shall be required to pay for said vegetables at the weight certified by 
 said weigher. In case the boxes, in which the tomatoes or other 
 vegetables are contained, shall not be returned, said weigher shall 
 weigh ten empty boxes, and the average weight shall be established 
 as the weight of all boxes contained in any wagon or wagons so 
 weighed by him, and anj^ packer or purchaser who shall refuse to 
 pay for the same according to the certificate of said weigher shall 
 be deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not less than ten dollars, nor more than fifty dollars for 
 each offense ; and any driver of any wagon who shall sell, dispose of, 
 or barter any of the produce in his wagon which has been sold to 
 a packer or other purchaser between the time of the weighing of the 
 same and the delivery to said packer or purchaser, shall be deemed 
 guilty of misdemeanor, and upon conviction thereof shall be fined 
 twenty-five dollars for each offense. 
 
 Sec. 30 (al920). Giving short weight or measure; penalty. — Any 
 person, firm or corporation, or agent, employee or officer of any 
 person, firm or corporation who shall knowingly and willfully give 
 short weight or short measure to any one purchasing any article or 
 commodity shall be guilty of a misdemeanor and shall on conviction 
 be fined not less than twenty-five dollars nor more than five hundred 
 dollars. A warrant for the arrest of any person, or agent, employees 
 or officer of any person, firm or corporation may be issued at the 
 instance of the purchaser* receiving the short weight or measure or 
 at the instance of any inspector of weights and measures in the 
 State of" Maryland. 
 
 Sec. 31 (al914). Penalties, how recoverable. — All fines, forfeitures 
 and penalties imposed by the several sections of this article, except 
 as otherwise hereinbefore provided, shall be recoverable as now pro- 
 vided by the laws of the State of Maryland for the recovery of fines, 
 forfeitures and penalties; one-half of said fines, forfeitures and 
 penalties, except as otherwise hereinbefore provided, to be paid to 
 the informer, and the other half to the city of Baltimore or the 
 county in which the offense shall have been committed. 
 
 Sec. 47 (1924). Authority conferred on State board of agriculture to 
 inspect weights and measures; penalty. — In addition to the powers of 
 inspection, regulation and adjustment of scales, beams, weights and 
 measures conferred by this article upon the inspectors appointed by 
 the county commissioners of the several counties, and by the comp- 
 troller of Baltimore city, the State board of agriculture shall, 
 through its officers, agents and employees, have the authority and 
 power to inspect, regulate and adjust any or all scales, beams, weights 
 and measures used in the several counties of the State and in the 
 city of Baltimore in the vending or purchasing of agricultural prod- 
 ucts and farm supplies which are directed by law or are usually sold 
 by weight or measure. The said State board of agriculture shall 
 have and exercise, through its officers, agents and employees, all 
 
342 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the authority and power conferred by this article upon the inspec- 
 tors appointed by the county commissioners of the several counties, 
 and by the comptroller of Baltimore city, including the power to con- 
 demn any scale, beam, weight or measure which it is impossible to 
 repair, and to prohibit the use of and to remove and destroy or other- 
 wise dispose of the same. The authority and power hereby con- 
 ferred shall be exercised in such manner, by such method or methods 
 and at such time or times as shall be determined upon by the said 
 State board of agriculture, and the said board shall have power to 
 make or cause to be made an inspection or inspections of such scale, 
 beams, weights and measures as, in its discretion, the public interest 
 shall require. 
 
 Any person, firm or corporation, or any officer, agent or employee 
 of such person, firm or corporation refusing to have his, her, their 
 or its scales, beams, weights or measures inspected, regulated or ad- 
 justed by the said State board of agriculture, or its officers, agents 
 or employees, as authorized by this article, or refusing to carry out 
 the lawful orders of the said board, its officers, agents or employees, 
 or interfering in any way with the exercise of the authority con- 
 ferred by this article, shall, upon conviction, be subject to the penal- 
 ties provided therefor in this article. The provisions of this section 
 shall be construed as additional and supplemental to, and not in 
 substitution for or in conflict with, any of the other sections of this 
 article. 
 
 Ann. Code, 1924, Bagby, Art. 27, p. 954. 
 
 See. 178 (a!300). Fruit and vegetable packing. — An apple barrel 3 
 shall be of the following dimensions : Head diameter, seventeen and 
 one-eighth inches; length of stave, twenty-eight and one-half inches; 
 bulge, not less sixty-four inches, outside measurement; and every 
 person, firm or corporation buying or selling apples in this State by 
 the barrel shall be understood as referring to the quantity or size 
 of the barrel specified in this section: Provided, however, That 
 nothing in this section shall prevent any shipment of apples in the 
 regular flour barrel. 
 
 Ann. Code, 1924, Bagby, Art. 20, p. 586. 
 
 Sec. 28 (al904) . — Every constable shall, upon complaint, enter into 
 the house of any retailer, and there call for and inspect the measures 
 used by such retailer. 
 
 Ann. Code, 1924, Bagby, Art. 43, p. 1534. 
 
 Sec. 192 (al916). Food, net weight.—* * * That for the purpose 
 of sections 189 to 200 an article shall also be deemed to be 
 misbranded * * * 
 
 In case of foods: * * * 
 
 Third. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure or numerical count: Provided, however, 
 That reasonable variations shall be permitted and tolerances and 
 also exemptions as to small packages shall be established by rules 
 and regulations made in accordance with the provisions of sec- 
 tion 196. 
 
 3 See note p. 20 relative to the Federal standard barrel ; also sec. 24, p. 339. 
 
MARYLAND 343 
 
 Ann. Code, 1924, Bagby, Art. 72, p. 2236. 
 
 Sec. 88 (al900). Measure of oysters; oyster bushel; other oyster meas- 
 ures; oyster measure; penalty. — 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 diag- 
 onally 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 
 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 misdemeanor, and 
 punished upon conviction before a court of competent jurisdiction, 
 to be fined a sum of not less than fifty dollars 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 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 comp- 
 troller of the State, to be credited to the oyster fund ; one-half, how- 
 ever, 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 inspec- 
 tors 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. 
 
 Ann. Code, 1924, Bagby, Art. 48, p. 1752. 
 
 Sec. 19 (al916). Weighing of tobacco in warehouses. — It shall be the 
 duty of each inspector to cause each hogshead of tobacco before it 
 is uncased, to be weighed, and the tobacco in each hogshead and the 
 cask itself, to be separately weighed in his presence or that of his 
 weighing clerk, in scales with weights of the proper standard; and 
 
344 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the weight of each hogshead as first weighed, and the gross and net 
 weight of the tobacco therein contained after inspection, to> be entered 
 in a proper book, with sufficient reference to its numbers and marks 
 as previously recorded. 
 
 Sec. 20. Net weight to be marked on hogshead. — It shall be the 
 duty of each inspector to cause to be marked with a marking-iron on 
 the side of each hogshead of tobacco under his charge, the warehouse, 
 number and weight of said hogshead, and the net weight of tobacco 
 contained therein, and to cause the warehouse number of such hogs- 
 head to be marked with blacking on each head thereof. 
 
 Sec. 31. Tobacco, when weighed; record to be kept. — All tobacco in- 
 spected in any of the warehouses which may be condemned or stayed 
 shall be carefully cased up and weighed and the gross weight and 
 (are be entered upon a book kept for that purpose, together with the 
 number of breaks in such hogshead as may be stayed, also the cause, 
 v/hether for false packing, trash, order or wet. 
 
 Sec. 40. Hogsheads for tobacco ; size. — No tobacco of the growth of 
 this State shall be passed or accounted lawful tobacco unless the same 
 be packed in hogsheads not exceeding fifty-four inches in the length 
 of the staves, nor exceeding forty-six inches across the head ; and the 
 owner or his agent of tobacco packed in any hogshead of greater 
 dimensions shall repack the same in hogsheads of the size herein pre- 
 scribed, at his own expense before the same shall be passed. 
 
 Sec. 96 (1920). Net weight to be marked on packages of feeding 
 stuff. — Every lot or parcel of commercial feeding stuffs sold, offered 
 or exposed for sale or distributed within this State shall have printed 
 thereon or affixed thereto a tag or label, in a conspicuous place on the 
 outside thereof, containing a legible and plainly printed statement 
 in the English language, clearly and truly certifying: 
 
 (a) The net weight of the contents of the package, lot or parcel; 
 
 (b) The name, brand or trade-mark; 
 
 (<?) The name and principal address of the manufacturer or person 
 responsible for placing the commodity on the market ; * * * 
 
 Sec. 106 (1912). Agricultural lime. — Every manufacturer, company 
 or person who shall sell, offer or expose for sale or for distribution 
 in this State any agricultural lime as defined in the following sec- 
 tion of this subtitle, used as a fertilizer or land improver, shall affix 
 to every package of such agricultural lime, in a conspicuous place on 
 the outside thereof a plainly printed statement, clearly and truly 
 certifying the number of net pounds in the package sold or offered 
 for sale, the name of the manufacturer or shipper, the place of manu- 
 facture, the place of business, * * * 
 
 Ann. Code, 1924, Bagby, Art. 61, p. 2123. 
 
 Sec. 4 (al922). Fertilizer, net weight to be marked.— That every bag, 
 barrel, or package of fertilizer must bear plainly and conspicuously 
 on the outside of same, and every parcel or lot sold in bulk must be 
 accompanied by a clear and true statement in legible print, in the 
 order herein stated, the following: 
 
 The net weight of the contents of the package or lot in pounds ; 
 
 Brand name or trade mark; * * * 
 
 Name and address of manufacturer. * * * 
 
MARYLAND 345 
 
 Ann. Code, 1924, Bagby, Art. 89, p. 2761. 
 
 Sec. 150 (1922). Operators of coal mines to provide scales; main- 
 tenance of such, scales; record of coal weighed. — The operator of every 
 coal mine where miners are paid by weight, shall provide and here- 
 after maintain suitable and accurate scales, which scales shall be 
 examined, tested, and kept in thorough repair by a competent person 
 employed by such operator, at least once in every six months ; a cor- 
 rect record shall be kept of all coal so weighed, which record shall be 
 open at all reasonable hours to the inspection of miners employed 
 at such mine. Such operator shall keep at the mine weighhouse such 
 standard United States test weights as may be prescribed by the 
 bureau, for use in testing such scales. 
 
 Sec. 151. Screening of coal prohibited before weighing.— The operator 
 of every such mine, where miners are paid by weight, shall not, be- 
 fore weighing the coal, pass the same over any screen or other de- 
 vice which shall take any part from the value thereof, or otherwise 
 remove any of the coal ; and shall duly credit the just and merchant- 
 able weight thereof to the employee sending the same to the surface. 
 
 Sec. 152. Competency of persons authorized to weigh coal. — The per- 
 son authorized to take such weight and keep such record shall, before 
 entering irpon his duties, satisfy the district mine inspector that he 
 understands the operation and adjustment of mine scales; and shall 
 before entering upon his duties take and subscribe before a person 
 authorized to administer oaths, an affidavit that he has not, and will 
 not have, while so employed, any financial interest, direct or indi- 
 rect, in such mine; and that he will accurately weigh and carefully 
 keep a record of all coal weighed ; which affidavit shall be filed in the 
 office of the clerk of the circuit court for the county, and a copy 
 thereof kept conspicuously at the place of weighing : Provided, That 
 in the event that any person so authorized to take such weight and 
 keep such records shall become incapacitated, the operator may in 
 such emergency appoint some other person, who understands the 
 operation and adjustment of mine scales, who may act in the place 
 and stead of the person authorized until such emergency appointee 
 or some other person may be duly qualified : Provided, That im- 
 mediate action shall be taken to qualify such a person and an im- 
 mediate report of such emergency action shall be transmitted to the 
 district mine inspector. 
 
 Sec. 153. Check-weiglimaster may be employed; duties. — The miners 
 employed in any coal mine in this State shall have power, if they 
 desire, of employing at their own expense a check- weighmaster, who 
 shall have the right to be present and observe the weighing of coal 
 by the weighmaster, to examine and test the scales, to inspect records 
 made by such weighmaster; and be subject to the same qualifications, 
 oath and penalties as such weighmaster. 
 
 Sec. 154. Weighmaster ; duties. — The weighmaster shall balance, 
 test and examine the scales each morning before starting to weigh 
 coal; and shall accurately weigh and record the just net weight of 
 such coal, crediting the employee who has sent the same to the surface 
 in tons and hundredweights computing therefor any majority frac- 
 tion of a hundredweight as a whole hundredweight, and omitting 
 
346 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 credit of any fraction of a hundredweight less than one-half a 
 hundredweight. 
 
 Sec. 155. Bushel and ton of coal. — Seventy-six pounds avoirdupois 
 shall constitute one bushel of coal ; and two thousand pounds avoir- 
 dupois shall constitute one ton of coal. 
 
 Sec. 156. Bureau to be inspector of weights and measures at all 
 mines. — The bureau is hereby made inspector of weights and meas- 
 ures at all mines of this State, and all inspectors thereof are author- 
 ized, empowered and directed, under regulations of such bureau, to 
 conduct frequent inspections of all scales, measuring instruments, 
 cars, and containers, and to determine their condition, accuracy, cor- 
 rect branding, weight, use and operation, to assure the proper use 
 thereof and the competency of any person authorized to use them. 
 
 Sec. 157. Standard measure to be provided. — The operator of every 
 coal mine where" miners are paid by measurement, shall provide and 
 maintain at such mine a standard measure, approved by the bureau, 
 with which all cars or other containers of coal shall be checked and 
 their respective capacities be determined and plainly branded 
 thereon, subject to approval by the bureau. 
 
 Sec. 158. Use of false or incorrect scale; penalty. — Any person or 
 persons having or using any scale, measure, car, container or other 
 instrument for the purpose of determining the amount of product 
 and resulting compensation of any workman employed in or about 
 any such mine, who shall knowingly or of gross negligence so ar- 
 range, construct or operate any such instrument that an incorrect 
 determination and compensation may be reported, or shall make or 
 permit to be made an incorrect and fraudulent record and account 
 thereof, shall be guilty of a misdemeanor; and every day any such 
 instrument is so arranged, constructed, or operated to obtain such 
 incorrect determination, or such incorrect and fraudulent record and 
 account is made or permitted to be made, shall be a separate offense. 
 
MASSACHUSETTS 
 
 Gen. Laws, 1921, Vol. 1, ch. 23, p. 92. 
 
 Sec. 1, as amended by Acts, 1921, ch. 306, sec. 1. Department of labor 
 and industries. — There shall be a department of labor and industries, 
 under the supervision and control of a commissioner of labor and 
 industries, in this chapter called the commissioner, an assistant com- 
 missioner, who shall be a woman, and three associate commissioners, 
 one of whom shall be a representative of labor and one a represent- 
 ative of employers of labor. 
 
 Sec. 3, as amended by Acts, 1921, ch. 306, sec. 2. Commissioner; certain 
 duties. — The commissioner shall be the executive and administrative 
 head of the department. He shall have charge of the administration 
 and enforcement of all laws, rules and regulations which it is the 
 duty of the department to administer and enforce, and shall direct 
 all inspections and investigations except as otherwise provided. He 
 shall organize. in the department a division of standards and such 
 other divisions as he may from time to time determine, and may 
 assign the officers and employees of the department thereto. He 
 shall prepare for the consideration of the assistant commissioner 
 and the associate commissioners rules and regulations for the con- 
 duct of the department and all other rules and regulations which the 
 department is authorized by law to make, and they shall, except as 
 otherwise provided, take effect when approved by the associate com- 
 missioners and the assistant commissioner, or upon such date as 
 they determine. The commissioner may designate the assistant com- 
 missioner or an associate commissioner to discharge the duties of 
 the commissioner during his absence or disability. 
 
 Sec. 4, as amended by Acts, 1924, ch. 119, p. 78. Directors; other 
 appointees. — The commissioner, assistant commissioner and associate 
 commissioners ma}', with the approval of the governor and council, 
 appoint, and fix the salaries of, not more than five directors, and 
 may, with like approval, remove them. One of them, to be known 
 as the director of standards, shall have charge of the division of 
 standards, and each of the others shall be assigned to take charge of 
 a division. * * * 
 
 Sec. 5 (al919). Certain requirements as to officers and employees. — 
 All directors, inspectors and other permanent employees of the de- 
 partment shall devote their whole time to the affairs of the depart- 
 ment; and all directors and inspectors and such other employees 
 as may be designated by the commissioner shall, before entering upon 
 their duties, be sworn to the faithful performance thereof. The 
 number of inspectors heretofore authorized by law may be increased 
 only with the approval of the governor and council. The commis- 
 sioner, assistant commissioner and associate commissioners shall 
 determine from time to time how many of the inspectors employed 
 shall be women. 
 
 347 
 
348 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8 (1919). Duties of the director of standards. — The director of 
 standards shall, in addition to the powers and duties conferred and 
 imposed upon him by law, perform such other duties as may be 
 assigned to him by the commissioner. 
 
 Sec. 9, as amended by Acts, 1924, ch. 259, p. 242. Inspectors of stand- 
 ards. — Inspectors of standards appointed under section four shall 
 give bond for the faithful performance of their duties. 
 
 Gen. Laws, 1921, Vol. 1, ch. 98, p. 959. 
 
 Sec. 1 (al919). Definitions. — In this chapter the following words, 
 unless a different meaning is required by the context or is specifically 
 prescribed, shall have the following meanings: 
 
 " Director," director of standards of the department of labor and 
 industries. 
 
 " Deputy," deputy sealer of weights and measures. 
 
 "Inspector," inspector of standards. 
 
 " Sealer," sealer of weights and measures. 
 
 "Weighing or measuring device," all weights, measures, scales, 
 balance beams, vibrating steelyards, and weighing or measuring de- 
 vices used for weighing or measuring any commodity bought, sold 
 or exchanged or for hire or reward, computing scales and other de- 
 vices having a device for indicating or registering the price as well 
 as the weight or measure of a commodity offered for sale, taximeters 
 and other forms of measuring devices used upon vehicles for de- 
 termining the cost of transportation; and all machines and other 
 forms of measuring devices used or intended to be used for de- 
 termining the measurement of leather bought, sold or offered for 
 sale. 
 
 Sec. 2 (1894). Kelation of avoirdupois to troy pound. — The avoir- 
 dupois pound shall bear to the troy pound the relation of seven 
 thousand to five thousand seven hundred and sixty. The hundred- 
 weight shall contain one hundred avoirdupois pounds, and the ton 
 twenty hundredweight. 
 
 Sec. 3 (a!920). State standards. — The following weighing and meas- 
 uring devices now in the custody of the director shall be the sole 
 authorized standards, except as provided in sections four, nine and 
 ten of this chapter, and in section one of chapter ninety-nine, and 
 with the standards supplied under authority of said sections shall 
 be called the State standards: A set of dry measures consisting of 
 one half-bushel, eight, four, two and one quarts, one pint and one 
 half -pint ; a set of liquid measures consisting of one gallon, two and 
 one quarts, one pint, two and one gills; a set of apothecaries' liquid 
 measures consisting of one gallon, four, 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 hun- 
 dred, two hundred, one hundred, fifty, thirty, twenty, ten, five, three, 
 two and one pennyweights, ten, six, five, four, three, two and one 
 grains, one half a grain s t%*?ys, ten, six, five, four, three, two, and 
 
MASSACHUSETTS 349 
 
 one ounces, five tenths, four tenths, three tenths, two tenths, one 
 tenth, five one-hundredths, four one-hundredths, three one-hun- 
 dredths, two one-hundredths, one one-hundredth, five one-thou- 
 sandths, four one-thousandths, three one-thousandths, two one- 
 thousandths, one one-thousandth, five ten-thousandths, four ten- 
 thousandths, three ten-thousandths, two ten-thousandths, and one 
 ten-thousandth of an ounce ; a set of apothecaries' weights consisting 
 of twelve, six, two and one ounces, four, two and one drams, two 
 and one scruples, ten, five, four, three, two and one grains, one half, 
 one quarter and one tenth grains; a yard measure and three sets 
 of balances. 
 
 Such standards shall be kept by the director, and he shall, at 
 least once in five years, cause them to be compared with the stand- 
 ards of the United States Government, and, if necessary, corrected 
 to agree therewith. 
 
 See. 4. Weights, etc., to be replaced, when; additional State stand- 
 ards. — The State standards shall also include all weighing and 
 measuring devices received from the United States under the resolu- 
 tion of Congress approved June fourteenth, eighteen hundred and 
 thirty-six, and all other weighing and measuring devices received 
 from the United States as standard weights and measures, and such 
 as have been or shall be supplied by the Commonwealth and certified 
 by the National Bureau of Standards. Weighing and measuring 
 devices procured to replace the standards shall be preserved in the 
 same form and of the same dimensions as required of said standards, 
 and the denominations thereof shall be marked thereon. 
 
 Sec. 5. Municipal standards. — Towns shall keep the following stand- 
 ard weights, measures and balances : A set of avoirdupois weights 
 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, one pint and one half -pint; a set of liquid measures con- 
 sisting of one gallon, one half-gallon, one quart, one pint, one half- 
 pint and one gill; one balance; one yard measure; and each town 
 hereafter incorporated shall be furnished by the director with a 
 complete set of the foregoing standards. Each city and each shire 
 town shall keep the meter and kilogram and the standard troy 
 weights designated by the director. 
 
 Sec. 6 (al909). Safe keeping of town standards. — Town treasurers 
 shall, at the expense of the towns, provide therein accessible places 
 for the safe and suitable keeping and preservation of the standards 
 furnished by the Commonwealth, which shall be used only as stand- 
 ards. The treasurer shall have the care and oversight thereof ; shall 
 see that they are kept in good order and repair ; and if any are lost, 
 destroyed or irreparably damaged, shall, at the expense of the town, 
 replace them by similar standards. Towns may effect insurance on 
 such standards for their own benefit. 
 
 Sec. 7 (al897). Penalty for neglect of town treasurer. — Every such 
 treasurer who neglects to provide a suitable place for keeping such 
 standards, or to keep them in good order and repair, or who suffers 
 any of them through his neglect to be lost, damaged or destroyed, 
 shall forfeit two hundred dollars. 
 
350 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8 (al816). Vibrating steelyards. — Vibrating steelyards may be 
 used if each beam and the poises thereof are annually tried, proved 
 and sealed by a sealer or deputy. 
 
 Sec. 9 (1917). State clinical standard thermometer. — A clinical stand- 
 ard thermometer supplied by the Commonwealth and certified by the 
 National Bureau of Standards for use by the Commonwealth, shall 
 be the State clinical standard thermometer. Nothing in the five 
 following sections shall be construed as adopting or authorizing the 
 adoption of any particular scale as the thermometer standard for 
 this Commonwealth. 
 
 Sec. 10 (al919). Office clinical standard thermometer. — The Common- 
 wealth shall also supply additional clinical standard thermometers 
 necessary to carry out sections nine to fourteen, inclusive, to be 
 known as office clinical standards. Such thermometers shall be veri- 
 fied by the director upon their receipt and at least once in each six 
 months thereafter, by direct comparison with the State clinical 
 standard thermometer. The office clinical standards may be used in 
 making comparisons of clinical thermometers under test. 
 
 Sec. 11. Tolerances, etc., for clinical thermometers. — The director 
 shall promulgate tolerances and specifications for clinical thermom- 
 eters. A correct clinical thermometer shall be one conforming to 
 the standard established as provided in section nine and to specifica- 
 tions promulgated under this section, within such tolerances. 
 
 Sec. 12 (al921). Testing of clinical thermometers. — The director may 
 at any time inspect and test any clinical thermometer in the posses- 
 sion of any manufacturer or dealer in this Commonwealth and 
 for this purpose may remove the same to such place as he may deem 
 most convenient. Whenever he inspects and tests such a thermometer 
 and finds it to be correct he shall seal, mark or otherwise certify 
 it as correct. Whenever he inspects and tests such a thermometer 
 and finds it to be incorrect he may condemn, seize and destroy it; 
 or he may return it to the owner upon a satisfactory guarantee that 
 it will not be sold or used. The following fees for testing clinical 
 thermometers shall be paid to the director for the use of the Common- 
 wealth : (a) One to eight thermometers, inclusive, twenty-five cents 
 for the first and ten cents for each additional one; (b) any number 
 from nine to eleven, inclusive, total fee one dollar; (c) one dozen to 
 six dozen, inclusive, one dollar per dozen; (d) more than six dozen 
 and not more than twelve dozen, seventy-five cents per dozen; (e) 
 more than twelve dozen, sixty cents per dozen. 
 
 Sec. 13. Sealing by manufacturer. — The director shall prescribe rules 
 and regulations governing the manufacture and sale of clinical 
 thermometers and may authorize the sealing ol such thermometers 
 by any manufacturer thereof upon his agreement to conform to said 
 rules and regulations and the filing of a surety bond in such sum 
 and upon such terms as the director may require. When repre- 
 sentative samples of any clinical thermometer have been submitted 
 by the manufacturer to the director and approved by him, he shall 
 assign a designating mark which shall thereafter be permanently 
 engraved by the manufacturer upon all clinical thermometers which 
 are intended for sale and which conform to the samples which have 
 been so approved. Clinical thermometers sealed by the manufac- 
 turer shall be marked with the name, initials or trade mark of the 
 
MASSACHUSETTS 351 
 
 manufacturer, and with such other marks as the director may 
 authorize or require. The director may revoke the authority given 
 by him to any manufacturer under the provisions of this section upon 
 proof that the authorized seal or designating mark has been affixed 
 to a thermometer not conforming to the approved sample or that the 
 prescribed rules and regulations have not been complied with. 
 
 Sec. 14. Penalty for sale of unsealed, etc., clinical thermometers. — 
 Whoever, himself or by his servant or agent, or as the servant or 
 agent of another person, keeps for the purpose of sale, offers or 
 exposes for sale, or sells any clinical thermometer not sealed, marked 
 or certified as correct by the director, or by the manufacturer as pro- 
 vided by the preceding section, shall be punished by a fine of not 
 more than ten dollars for each thermometer so sold, or kept, offered 
 or exposed for sale, and whoever violates any rule or regulation pre- 
 scribed by the director under authority of said section shall be 
 punished by a fine of not more than fifty dollars. 
 
 Sec. 15 (al920). Sealing of glass milk bottles or jars. — Glass bottles 
 or jars used for the distribution of milk or cream to consumers, and 
 holding, when filled to a level with the bottom of the cap or stopple 
 or other definite filling point, not less than three ounces and seven 
 drams and not over four ounces and two drams ; not less than seven 
 ounces and six drams and not over eight ounces and two drams; 
 not less than fifteen ounces and five drams and not over sixteen 
 ounces and four drams; not less than thirty-one ounces and four 
 drams and not over thirty-two ounces and four drams ; not less than 
 forty-seven ounces and three drams and not over forty-eight ounces 
 and five drams ; not less than sixty-three ounces and two drams and 
 not over sixty- four ounces and six drams, shall be sealed as measures 
 under section forty-one or by the manufacturer. Dealers in milk 
 or cream using glass bottles or jars for the distribution of milk or 
 cream to consumers, not sealed by the manufacturer, shall bring 
 them into the office of the sealer in their town, to be sealed ; but no 
 fee shall be charged or received for sealing them. If a bottle or jar 
 has once been sealed by a sealer or manufacturer, it need not be 
 sealed again while used for the distribution of milk or cream to 
 consumers. Glass bottles or jars sealed hereunder shall be legal 
 measures only for the distribution of milk or cream to consumers. 
 Bottles or jars sealed by the manufacturer shall be marked with his 
 name, initials, or trade mark, and by any other mark required by the 
 director. The sealing of such bottles or jars by the manufacturer 
 shall not affect any law relating to the giving of false measure or 
 the using, or having in possession, of false measures with intent to 
 use the same. The director, on approval by the commissioner of 
 labor and industries may revoke the authority given by him to any 
 manufacturer under this section, on proof that the authorized seal 
 or designating mark has been affixed to any bottle or jar not con- 
 forming to the respective capacities provided for in this section. 
 
 Sec. 16 (1910)'. Sealing of paper or fibre milk bottles. — Paper or fibre 
 bottles and jars used for the distribution of milk or cream to con- 
 sumers, and holding, when filled to a level with the bottom of the 
 cap or stopple, not less than eight, sixteen, thirty-two, forty-eight 
 or sixty-four ounces, shall be sealed as measures under section forty- 
 
 517—26 23 
 
352 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 one or fifty-one, or by the manufacturer in the manner provided in 
 the preceding section, and when so sealed may be used as provided 
 by law for glass milk jars and bottles. Every such bottle or jar 
 shall have plainly stamped upon it by the manufacturer the words : 
 " Penalty for re-use, twenty-five dollars." 
 
 Sec. 17. Penalty for re-use of such bottles. — Whoever re-uses any 
 such paper or fibre bottle or jar for distributing milk, cream or other 
 liquid used for food after such bottle or jar has been once used there- 
 for, shall be punished by a fine of not more than twenty-five dollars. 
 
 Sec. 18 (al921). Testing of milk containers. — All cans or containers 
 sold for use in the purchase or sale of milk or cream at wholesale 
 shall have their capacity plainly, conspicuously and indelibly marked 
 thereon in terms of liquid quarts. They shall be sealed by the manu- 
 facturer thereof, as hereinafter provided, or by a sealer of the town 
 where the user resides or has a usual place of business. The director 
 shall prescribe regulations governing the sealing of such cans or 
 containers by the manufacturer and may authorize such sealing by 
 any manufacturer upon his agreement to conform to said regulations. 
 The director may at any time, for cause, revoke the authority so given 
 by him to any manufacturer. When sealed by the manufacturer, such 
 cans or containers shall be marked with his name, initials or trade- 
 mark and with any other designating marks which the director may 
 require. The sealing of such containers by the manufacturer shall 
 not exempt the user from the laws relative to giving a false or in- 
 sufficient measure, using a false measure, or having the same in pos- 
 session with intent to use. Sealers of the town where the user resides 
 or has a usual place of business shall at least annually inspect all 
 cans or containers marked and sealed in accordance with this section 
 and shall make a record of such inspections. When once sealed as 
 herein required, a can or container need not again be sealed while in 
 the same condition as when first sealed. 
 
 Sec. 19. Penalty. — Whoever, by himself or by his servant or agent, 
 or as the servant or agent of another person, sells any can or con- 
 tainer to be used in the purchase or sale of milk or cream at wholesale 
 that is not marked and sealed as required by the preceding section, 
 shall be punished by a fine not exceeding ten dollars for each can or 
 container so sold. Whoever, by himself or by his servant or agent, 
 or as the servant or agent of another person, uses any can or con- 
 tainer in the purchase or sale of milk or cream at wholesale that is 
 not marked and sealed as required by the preceding section, shall be 
 punished by a fine not exceeding ten dollars for each offence. The 
 director, inspectors and sealers shall enforce the provisions of this 
 and the preceding section. 
 
 Sec. 20 (1920). Containers for sale of ice cream to be sealed by manu- 
 facturer, etc. — All cans, moulds or other containers used in the sale 
 of ice cream by measure shall be of the capacity of Massachusetts 
 standard liquid measure. Such cans, moulds or other containers 
 shall be sealed, as hereinafter provided, by the manufacturer thereof, 
 or by a sealer, and shall not be legal measures except for ice cream. 
 When sealed by the manufacturer, such containers shall be marked 
 with his name, initials or trade mark. They may also be marked 
 with any other designating mark assigned to him by the director; 
 provided, that he has agreed to conform to the regulations made 
 by the director relative thereto. When such containers have not been 
 
MASSACHUSETTS 353 
 
 sealed by the manufacturer, they shall be sealed, before they are 
 used, by a sealer, and the dealer who intends to use them shall bring 
 such containers to the office of such sealer for that purpose, but no 
 fee shall be charged for sealing them. The sealing of such containers 
 by the manufacturer shall not be held to exempt the user from 
 the laws relating to the giving of false or insufficient measure, or the 
 using of a false measure, or having in his possession a false measure 
 with intent to use. 
 
 Sec. 21. Sealers to inspect semiannually. — Sealers shall inspect at 
 least semiannually all cans, moulds or other containers sealed in 
 accordance with the preceding section, and shall make a record of 
 such inspection. If a container has once been sealed as aforesaid, 
 it shall not be necessary to have it sealed again while it is used for 
 the sale of ice cream as long as it remains in the same condition as 
 when first sealed. 
 
 Sec. 22 (al921). Regulation of containers.— Paper or fibre cartons 
 which are used for the sale by measure of viscous or semi-solid com- 
 modities or mixtures of solids and liquids shall contain and shall 
 be sold as containing one quart, one pint, one half pint or one gill, 
 Massachusetts standard liquid measure. Such cartons shall be of 
 such shape and dimensions as may be approved by the director. 
 Whenever the shape and dimensions of any such carton have been 
 so approved, the director may authorize the manufacturer to have 
 printed thereon a statement of its capacity in terms of Massachusetts 
 standard liquid measure, with the words "Approved by the director 
 of standards for Massachusetts," and with such other marking as 
 the director may require. Such cartons shall be legal measure only 
 for such commodities as may be designated by the director and shall 
 be exempt from the laws requiring the sealing of measures. 
 
 Sec. 23 (1920). Test of containers by the director or a sealer. — A 
 sealer or deputy of any city or town or the director or an inspector 
 may, if he so desires, and shall, upon complaint, test the capacity 
 of any container which is used or intended to be used as a measure 
 under sections twenty to twenty-four, inclusive; and if the same 
 does not conform to the law, he shall seize it and enter complaint. 
 The director may, at any time, for due cause, revoke any authority 
 or permit granted by him to any manufacturer under said sections. 
 
 Sec. 24. Penalty for unauthorized marking. — Whoever violates any 
 provision of sections twenty to twenty-three, inclusive, and whoever 
 marks a container or other measure, or procures the same to be 
 marked or has printed thereon or procures to have marked or printed 
 thereon, a mark, number or designation without the approval or 
 authority of the director, except as provided in section twenty, shall 
 be punished by a fine of not more than fifty dollars. 
 
 Sec. 25 (al920) . Weighing or measuring devices to be marked " Con- 
 demned," when. — All weighing or measuring devices which can not 
 be made to conform to the standard shall be stamped, marked or 
 labelled " Condemned " or " CD " by the sealer. Weighing or 
 measuring devices in possession of a merchant or vendor not used 
 for buying or selling, or for weighing and measuring for hire or 
 reward shall be plainly marked by the sealer with a notice that such 
 articles have not been sealed under this chapter. Whoever re- 
 moves said notice without the consent of the person affixing the 
 same shall be punished by a fine of not more than fifty dollars. 
 
354 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 26. Penalty for using, etc., false weights and measures. — Whoever 
 uses, or has in possession with intent to use, a false or condemned 
 weighing or measuring device for weighing or measuring any com- 
 modity bought, sold or exchanged, or for hire or reward, shall be 
 punished by a fine of not more than fifty dollars. The possession 
 of such weighing or measuring device shall be prima facie evidence 
 of intention to use it in violation of law. 
 
 Sec. 27 (al897). Penalty for using unsealed weights. — Whoever sells 
 or, if by the custom of trade such weighing or measuring devices are 
 provided by the buyer, buys, by any weighing or measuring device 
 which has not been sealed according to law shall forfeit not more 
 than twenty dollars to the use of the person suing therefor. 
 
 Sec. 28 (al878). Value of goods sold by unsealed weights may be 
 recovered. — A seller may recover the fair market value of goods, 
 wares or merchandise sold, if they were, for the purpose of the sale, 
 weighed or measured upon weighing or measuring devices not 
 sealed according to law, or weighed or measured by a person not 
 a sworn weigher, measurer or surveyor, or by a person not author- 
 ized by law to weigh or measure the same, if such sale is made in 
 good faith and the purchaser is not injured thereby. 
 
 Sec. 29, as amended by Laws, 1925, ch. 72, p. 54. Use of weighing and 
 measuring devices ; measurement of shingles ; approval of type of weigh- 
 ing cr measuring device. — The director shall enforce the laws relating 
 to the use of weighing and measuring devices and the giving of 
 false or insufficient weight or measure and shall keep a detailed 
 record of his work in connection therewith. He shall also from 
 time to time establish units of measurement to be observed in the 
 sale of wooden shingles in the commonwealth. He may also, if 
 he deems it desirable, and shall, upon request of the manufacturer 
 of any weighing or measuring device or of any sealer of weights 
 and measures, examine such device to determine whether or not its 
 construction is such as to insure reasonably permanent accuracy 
 and whether or not it may be used to facilitate the perpetration 
 of fraud, approving or disapproving it accordingly. When any 
 weighing or measuring device has been so approved or disapproved 
 by him, he shall notify all sealers of weights and measures, who 
 shall thereafter act in accordance with such approval or disapproval 
 when devices of that type are submitted to them for test. 
 
 Sec. 30 (al919). Certain powers of inspectors. — The inspectors shall 
 aid the director in the performance of his duties and shall have all 
 necessary powers therefor. 
 
 Sec. 31. Director, etc., to have a seal, etc. — The director and town 
 and district sealers shall keep seals for their use. The seal of the di- 
 rector shall bear the letters " C. M." and those of the sealers shall be 
 of a type approved by the director. Any sealer neglecting to keep 
 such a seal shall forfeit not more than twenty dollars, and whoever, 
 without being duly authorized thereto, impersonates a sealer or 
 deputy by the use of a seal or otherwise, or has in his possession 
 an imitation or counterfeit of the seal used by a sealer or deputy 
 shall be punished by a fine of not more than fifty dollars. 
 
 Sec. 32. Director to test local standards, etc. — At least once in three 
 years, the standards of apothecaries' weights and of apothecaries' 
 liquid measures in the custody of town treasurers and at least once 
 
MASSACHUSETTS 355 
 
 in ten years, or oftener if the director deems it necessary, the other 
 standard weights, measures and balances of each town shall be tested, 
 adjusted and sealed or certified under his direction. He shall also 
 see that such standards are kept in good order and condition, and 
 may at any time, and shall on request of a town treasurer, cause an 
 inspection of the standards to be made. The director and his in- 
 spectors may also inspect any weighing or measuring devices used 
 for buying, selling or exchanging goods, wares, merchandise or other 
 commodity, or for public weighing in a town, and, if found in- 
 accurate, shall forthwith inform the mayor or selectmen, who shall 
 cause the law relating thereto to be enforced. If the director or an 
 inspector discovers a violation of law, he may make and prosecute 
 a complaint and shall have therefor the same statutory powers rela- 
 tive to the enforcement of laws pertaining to weights and measures 
 as are vested in local sealers. Whoever hinders, obstructs or in 
 any wa} T interferes with him in the performance of duty hereunder 
 shall be punished by a fine of not more than three hundred dollars, 
 or by imprisonment for not more than two months. Every treasurer 
 neglecting to have the standards in his care sealed as provided in 
 this section shall forfeit not more than fifty dollars. 
 
 Sec. 33. Testing of weighing and measuring devices used in State 
 institutions, etc. — The director or his inspectors under his direction, 
 shall at least once in each year test all weighing and measuring 
 devices used in checking the receipt or disbursements of supplies in 
 each State institution or department, and shall mark them in ac- 
 cordance with the results of such tests. He shall report in writing 
 his findings to the executive officers of the institution or department ; 
 and at their request shall appoint in writing one or more employees, 
 then in the actual service of such institution or department, as special 
 deputies to check the receipt or disbursement of supplies. 
 
 Sec. 34 (al920). Appointment of sealers and deputy sealers in cities 
 and large towns. — Subject to chapter thirty-one, the mayor of each 
 city and the selectmen of each town of over ten thousand inhabitants 
 shall appoint a sealer, and may appoint one or more deputies to 
 act under the direction of the sealer. The sealer and deputies shall 
 enforce the law pertaining to weighing and measuring devices and 
 to the giving of false or insufficient weight or measure. Sealers 
 and deputies appointed hereunder shall receive a salary to be deter- 
 mined by the board, officer or body authorized to determine salaries 
 in their respective cities and towns, and shall also receive an addi- 
 tional allowance for transportation and other necessary expenses. 
 They shall account for and pay into their city or town treasuries 
 monthly all fees received and shall make an annual report to the 
 appointing board or officer, and to the director as provided by sec- 
 tion thirty-seven. 
 
 Sec. 35. Sealer to be appointed annually in small towns. — The select- 
 men of towns of less than ten thousand inhabitants shall annually 
 appoint a sealer and may appoint one or more deputies to act under 
 his direction. Such sealers and deputies shall have the same powers 
 and duties as sealers and deputies appointed under the preceeding 
 section and shall receive such compensation as may be determined by 
 the selectmen and an additional allowance for transportation and 
 other necessary expenses. The selectmen may at any time remove 
 such sealers or deputies and appoint other in their places. 
 
356 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 36 (al919). Appointment of district sealers, etc. — Two or more 
 towns, or one city and one or more towns, may combine the whole or 
 any part of their respective territories as may be agreed upon by the 
 boards or officers having the appointing power in such cities or towns 
 into a district with one district sealer and one set of standards. He 
 shall have the powers of and perform the duties of sealers under the 
 direction of the director within the district. Each such sealer shall 
 forthwith on his appointment give bond, with sureties approved by 
 the appointing power, for the faithful performance of his duties, for 
 the safety of the standards, working equipment, records, and other 
 things committed to him, and for their surrender to his successor or 
 to any person duly appointed to receive them. He shall be paid a 
 salary determined by the appointing power and shall be provided by 
 them with necessary standards and working equipment, and shall be 
 allowed necessary sums for transportation and other expenses. Each 
 such sealer shall keep a complete record of all his official acts and 
 shall make an annual report to the director as provided by the follow- 
 ing section and to each city or town in his district. He shall account 
 for and pay into the treasury of each city or town monthly all fees 
 received by virtue of his office in such city or town. 
 
 Sec. 37 (al920). Sealers to report to director. — Each sealer shall 
 annually, between the first and tenth days of December, report to the 
 director the weighing and measuring devices tested, sealed or con- 
 demned by him, with an inventory of standards and working ap- 
 paratus in possession of his town or district, and other information 
 required by the director. 
 
 Sec. 38 (al919). Sealer to be provided with duplicate sets of apothe- 
 caries' weights, etc. — Sealers shall, upon request to the director, be 
 provided, at the expense of their towns, with duplicate sets of apoth- 
 ecaries' weights and apothecaries' liquid measures described in section 
 three, to be used as standards in the towns where they are kept. 
 
 Sec. 39 (al914) . Sealers accountable to towns for standards received. — 
 Except as otherwise provided in section thirty-six each sealer shall 
 receive from his town treasurer a set of standards and a seal, and 
 shall give a receipt therefor, stating their condition when received; 
 and shall be accountable to such town for the preservation thereof 
 in like condition until returned to the treasurer. 
 
 Sec. 40 (al920). Sealer to have duplicate sets of weights. — A sealer 
 or deputy visiting the place of business of a person to test and seal 
 weighing or measuring devices may use therefor suitable weights, 
 measures and balances; and each town and district shall furnish 
 its sealer with one or more duplicate sets of weights, measures and 
 balances, which shall at all times be kept to conform to the stand- 
 ards provided by the commonwealth ; and all weighing or measuring 
 devices so sealed shall be deemed legally sealed, as if tested and sealed 
 with the standards. 
 
 Sec. 41, as amended by Acts, 1923, ch. 32, p. 15. Annual notice of 
 sealing. — Sealers shall annually give public notice, by advertisement 
 or by posting notices in one or more public places in their towns 
 or districts, to all inhabitants, or persons having usual places of 
 business therein, using weighing or measuring devices for the pur- 
 pose of buying or selling goods, wares or merchandise, for public 
 weighing or for hire or reward, to bring them in to be tested, ad- 
 
MASSACHUSETTS 357 
 
 justed and sealed. Such sealers shall attend in one or more conveni- 
 ent places, and shall adjust, seal or condemn such devices in accord- 
 ance with the results of their tests, and shall make a record thereof. 
 
 Sec. 42, as amended by Acts, 1923, ch. 32, p. 15. Sealing at house or 
 store. — After giving said notice, said sealers shall go to the houses, 
 stores, shops and vehicles of persons not complying therewith, and 
 shall test and adjust, seal or condemn in accordance with the results 
 of their tests, the weighing or measuring devices of such persons: 
 Provided, That devices for determining the measurement of leather 
 bought, sold or offered for sale shall be tested at least semi-annually. 
 A person who neglects or refuses to exhibit his weighing or measur- 
 ing devices to a sealer or deputy, or who hinders, obstructs or in any 
 way interferes with a sealer or deputy in the performance of duty, 
 shall be punished by a fine of not more than fifty dollars. 
 
 Sec. 43 (al917). Testing of devices registering price. — A sealer ot 
 deputy shall test all weighing or measuring devices having a device 
 for indicating or registering the price as well as the weight or 
 measure of a commodity offered for sale as to the correctness of 
 both weights or measures and values indicated by them. 
 
 Sec. 44 (1913). Testing of mechanical devices for measuring leather. — 
 Devices used for determining the measurement of leather bought, 
 sold or offered for sale shall be tested as to the correctness of measures 
 indicated by them by a sealer of the town where they are used, and 
 the director may make such rules and regulations as he deems neces- 
 sary to insure the greatest possible accuracy in the use of said devices. 
 
 Sec. 45 (al919). Testing of taximeters. — All devices used upon 
 vehicles for determining the cost of transportation shall be tested as 
 to the correctness of measures and values indicated by them, and the 
 director may make rules and regulations to insure accuracy in the 
 use thereof. Any owner or operator of a taxicab or other vehicle 
 who refuses or neglects to comply with any rule or regulation 
 so made by the director shall be punished by a fine of ten dollars. 
 
 Sec. 46 (1920). Testing of devices used in standardizing production 
 and in determining wages, capacity of tanks, etc., and the accuracy of 
 automatic devices. — The director may, if he deems it desirable, and 
 shall, upon request, test any weights, measures, instruments or me- 
 chanical devices of any kind used or intended to be used in standard- 
 izing the production of any manufactured article by controlling 
 processes or by determining the dimensions, proportions or proper- 
 ties of materials or products, in determining wages or compensation 
 for labor performed, in determining the dimensions or capacity of 
 any tank, can or other container, or in determining the accuracy of 
 any automatic weighing or measuring device. When any such 
 weight, measure, instrument or mechanical device has been tested 
 and found correct by the director, he may seal the same. If he finds 
 it inaccurate, he may, in his discretion, either condemn it or he may 
 furnish the owner or user with a certificate indicating the amount 
 and direction of any errors found by him. This section shall not 
 give to the said director or to his inspectors the power to seal any 
 of the devices which, on April twenty-ninth, nineteen hundred and 
 twenty, were required by law to be sealed by the local sealers through- 
 out the Commonwealth. 
 
 Sec. 47 (al919). Annual testing of apothecaries' weights, etc.; excep- 
 tion. — Apothecaries and other persons dealing in or dispensing drugs, 
 
358 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 medicines or merchandise sold, dispensed or given away by apothe- 
 caries' weights or by apothecaries' liquid measure, shall, at least 
 annually, cause the weights and measures so used to be tested and 
 sealed by the sealer in the town where they do business: Provided, 
 That a graduated glass measure once sealed by a sealer, or by the 
 manufacturer, need not be again sealed while remaining in the same 
 condition as when first sealed. The director shall establish specifica- 
 tions for graduated glass measures. When a representative sample 
 of a graduated glass measure has been submitted to the director and 
 approved by him, as conforming to specifications, he shall assign a 
 designating mark or number to be thereafter permanently affixed to 
 such measures of the particular kind so approved. Graduated glass 
 measures sealed by the manufacturer shall be marked with his name, 
 initials or trade mark and by other marks required by the director. 
 The director may revoke the authority so given to any manufacturer 
 under this section on proof that the authorized seal or designating 
 mark has been affixed to a measure not conforming to the approved 
 sample. 
 
 Sec. 48 (al914). Penalty. — Whoever sells or dispenses drugs, medi- 
 cines or merchandise requiring the use of apothecaries' weights or 
 apothecaries' liquid measures or in the sale of which they are com- 
 monly used, and does not have such weights and measures tested 
 under this chapter shall be punished by a fine of not less than five 
 nor more than fifty dollars. 
 
 Sec. 49 (al920). Annual test of hay and coal scales. — Sealers shall go 
 once a year, and oftener if necessary, to each hay and coal scale and 
 other weighing or measuring device in their towns not easily or 
 conveniently removed, and shall test, adjust and seal or condemn 
 them. 
 
 Sec. 50 (al876) . Sealer to test upon request, etc. — Whoever uses any 
 weighing or measuring devices may have them tested by the sealer 
 at any time upon request and the sealer shall seal or condemn the 
 same in accordance with the results of his tests. 
 
 Sec. 51 (1906). Sealing of glass milk bottles, etc. — When notified by 
 a dealer in milk or cream using glass bottles or jars for the distribu- 
 tion thereof that he has in his possession not less than six gross of 
 such bottles or jars not sealed, sealers shall forthwith seal them as 
 provided in section fifteen, at a suitable place provided by the dealer. 
 
 Sec. 52 (al897). Sealer to test incorrect weights upon complaint. — If 
 a person informs a sealer that he has reasonable cause to believe, or 
 if such sealer has reasonable cause to believe, that any weighing or 
 measuring device used in the sale of a commodity in his town is in- 
 correct, said sealer shall go where it is and shall test and mark it 
 according to the result of the test ; and if it is incorrect and can not 
 be adjusted, he shall attach thereto a notice of that fact forbidding 
 its use until it conforms to the authorized standard. If a sealer has 
 reasonable cause to believe that any weighing or measuring device 
 has been altered since last adjusted and sealed, he shall enter the 
 premises where it is kept or used and examine it. Whoever uses a 
 weighing or measuring device after refusing permission to a sealer 
 to test it shall be punished by a fine of not less than ten nor more 
 than one hundred dollars. 
 
 Sec. 53 (al919). Devices to be marked with stencil; notice; penalty. — 
 If a sealer can not seal any weighing or measuring device in the 
 
MASSACHUSETTS 359 
 
 usual manner, he may mark it with a stencil or by other suitable 
 means, showing that it has been inspected; and if a weighing or 
 measuring device is so small as to render it impracticable to seal it 
 in the usual manner, he shall give a certificate in a form approved 
 by the director, specifying each such weighing or measuring device 
 so tested; but he shall in no case seal or mark as correct weighing or 
 measuring devices not conforming to the standards. If such weigh- 
 ing or measuring device can be readily adjusted by means at hand, 
 he may adjust and seal it; but if not, he shall affix thereto a notice 
 forbidding its use until he is satisfied that it conforms to the stand- 
 ards; and whoever removes said notice without the consent of such 
 officer shall forfeit not more than fifty dollars, to be equally divided 
 between the town and the complainant. 
 
 Sec. 54 (al920). Sealer may seize measuring devices for evidence. — A 
 sealer or deputy may seize without a warrant weighing or measuring 
 devices necessary to be used as evidence in cases of violation of the 
 laws relative to the sealing thereof; and they shall be returned to 
 the owners or forfeited, as the court directs. 
 
 Sec. 55 (al917). Seizure of illegal devices, etc. — A sealer or deputy 
 may seize weighing or measuring devices not conforming to legal 
 standards or not sealed as required by law ; and a person having in 
 his possession such weighing or measuring devices, with intent to 
 use them in violation of law, shall be punished by a fine of not more 
 than fifty dollars; and such devices, upon order of a court, shall 
 be destroyed. Possession thereof shall be prima facie evidence of 
 intention to use them in violation of law. 
 
 Sec. 56 (al919). Fees of sealers. — Except as otherwise provided, 
 sealers shall receive the following fees for sealing the following 
 weighing or measuring devices : 
 
 (a) Each scale with a weighing capacity of more than five thou- 
 sand pounds, one dollar. 
 
 (b) Each scale with a weighing capacity of one hundred to five 
 thousand pounds, fifty cents. 
 
 (c) All other scales, balances, and measures on pumps, ten cents 
 each. 
 
 (d) All weights and other measures, three cents each. 
 
 They shall also receive reasonable compensation for necessary re- 
 pairs, alterations and adjustments made by them. 
 
 (e) Each taximeter, or measuring device used upon vehicles for 
 determining the cost of transportation, one dollar. 
 
 (/) Each machine or other device used for determining the meas- 
 urement of leather, one dollar. 
 
 (g) Milk bottles or jars, fifty cents per gross. 
 
 Sec. 57. Report of commissioner of labor and industries. — The com- 
 missioner of labor and industries shall make an annual report of 
 the acts of the director of standards and of all facts required to be 
 reported to him under section six of chapter ninety-six. 
 
 Gen. Laws, 1921, Vol. 1, ch. 31, p. 129. 
 
 Sec. 4 (al920). Positions to be included in civil service; sealers of 
 weights and measures, etc. — The following, among others, shall be 
 included within the classified civil service by rules of the board : 
 
360 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 All sealers and deputy sealers of weights and measures in towns 
 of over ten thousand inhabitants and in cities, whether such officers 
 are heads of principal departments or not, and also the inspectors of 
 standards in the service of the Commonwealth ; * * * 
 
 Gen. Laws, 1921, Vol. 1, ch. 94, p. 880. 
 
 Sec. 1 (al915). Inspection and sale of food, drugs and various 
 articles. — The following words as used in this chapter, unless the 
 context otherwise requires, shall have the following meanings: 
 * * * " Closed packages," in section one hundred to one hundred 
 and seven, inclusive, one hundred and nine, one hundred and ten, 
 one hundred and twelve and one hundred and thirteen, a barrel, box, 
 or other container, the contents whereof can not be sufficiently in- 
 spected without opening it. * # . * " Commercial feeding stuff," 
 in sections two hundred and twenty-five to two hundred and thirty- 
 five, inclusive, includes all feeding stuff used for feeding livestock 
 and poultry and containing not more than sixty per cent of water, 
 except whole seeds or grains, and also unmixed meals made directly 
 from the entire grains of corn, wheat, rye, barley, oats, buckwheat, 
 flaxseed, kafir, and milo, whole hays, whole straws, unground cotton 
 seed hulls and unground corn stover when unmixed with other ma- 
 terials. *'*..*';" Food," in sections one hundred and fifty-four 
 to one hundred and fifty-six, inclusive, one hundred and eighty-one, 
 and one hundred and eighty-six to one hundred and ninety-six, in- 
 clusive, includes all articles, whether simple, mixed or compound, 
 used for food or drink, confectionery or condiment, by man or 
 animal. * * * "Label," in sections two hundred and twenty- 
 five to two hundred and thirty-five, inclusive, a printed label required 
 by section two hundred and twenty-five, and in sections two hundred 
 and fifty to two hundred and fifty-four, inclusive, and two hundred 
 and fifty-six to two hundred and sixty-one, inclusive, a printed label 
 required by section two hundred and fifty. * * * 
 
 Sec. 7, as amended by Acts, 1922, ch. 186, p. 214. Bread; standard 
 loaves; method of sale. — Except as provided in the following section, 
 bread shall not be manufactured for sale, sold, or offered or exposed 
 for sale otherwise than by weight, and shall be manufactured for 
 sale, sold, or offered or exposed for sale only in units of one pound, 
 one and one half pounds, or multiples of one pound. When multiple 
 loaves are baked, each unit of the loaf shall conform to the weight 
 required by this section. The weights herein specified shall mean 
 net weights not more than twelve hours after baking, or not more 
 than twelve hours after the sale and delivery of such loaves by the 
 manufacturer or by his servant or agent. Such weights shall be 
 determined by the average weight of not less than six loaves: Pro- 
 vided, That such average weights shall be determined by the weight 
 of at least twelve loaves whenever such number of loaves is available 
 at the time and place of such weighing : And provided further, That 
 bread found upon any premises occupied for the manufacture of 
 bread for sale, or any bread found in the wagons, trucks, baskets, 
 boxes, or other delivery vehicles or receptacles owned or controlled 
 by the manufacturer of such bread, and being transported or de- 
 livered for sale, shall for the purposes of this section be deemed to 
 have been baked within twelve hours unless such bread is marked, 
 
MASSACHUSETTS 361 
 
 designated or segregated as stale bread, under regulations prescribed 
 by the director of standards. 
 
 "Sec. 8, as amended by Acts, 1922, eh. 186, p. 214. Fancy bread, law not 
 applicable, when. — Unit weights, as defined in the preceding section, 
 shall not apply to rolls or to fancy bread weighing less than four 
 ounces, nor to loaves bearing in plain position a plain statement of 
 the weight of the loaf and the name of the manufacturer thereof. 
 Such information shall be stated in case of wrapped bread, upon 
 the wrapper of each loaf, and in the case of unwrapped bread by 
 means of a pan impression or other mechanical means or upon a 
 label not larger than one by one and three quarters inches nor smaller 
 than one by one and one half inches. No label, attached to an un- 
 wrapped loaf, shall be larger than provided herein, nor shall any 
 such label be affixed in any manner or with an}' gum or paste which 
 is unsanitary or unwholesome. When an inspection of bread is made 
 at any bakery by the director or any inspector of standards or sealer 
 of weights and measures, the manufacturer of such bread, or his 
 servants or agents shall, upon request of the official making such 
 inspection, inform him whether such bread is manufactured for sale 
 in any of the standard unit weights prescribed by the preceding sec- 
 tion and, if not so manufactured for sale in such standard unit 
 weights, shall furnish such official with samples of the labels or 
 wrappers intended to be used on all such loaves of other than stand- 
 ard unit weights. 
 
 Sec. 9, as amended by Acts, 1922, ch. 186, p. 214. Rules and regula- 
 tions; tolerances; seizure without warrant. — The director of standards 
 shall prescribe such rules and regulations as are necessary to en- 
 force the two preceding sections, including reasonable tolerances or 
 variations within which all weights shall be kept : Provided, That 
 such tolerances or variations shall not exceed one ounce per pound 
 under the standard unit or marked weight. The said director, 
 and under his direction the local sealers of weights and measures, 
 shall cause this section to be enforced. They may seize without 
 warrant any bread which they may deem necessary to be used as 
 evidence of violation of law, giving a receipt therefor, and such 
 bread shall be returned to the owner or forfeited as the court may 
 direct. Before any prosecution is begun under this section by any 
 inspector of standards, the parties concerned shall be notified and 
 given an opportunity to be heard before the director. Before any 
 prosecution is begun under this section by any sealer or deputy 
 sealer of weights and measures, the parties concerned shall be noti- 
 fied and given an opportune to be heard before the sealer and shall 
 have the right of appeal to the director of standards : Provided, That 
 such appeal is filed with said director in writing within five days 
 from the finding of the local sealer. When such appeal has been 
 entered no prosecution shall be begun until the charges have been 
 reviewed by said director. 
 
 Sec. 10, as amended by Acts, 1922, ch. 186, p. 214. Violation; penalty.— 
 Whoever violates any provision of sections two to nine, inclusive, 
 or of any rule or regulation adopted thereunder, or whoever fails 
 or refuses to comply with any request for information made under 
 authority of said sections, shall be punished by a fine of not more 
 than one hundred dollars. 
 
362 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 83 (1914). Sale of fresh fish at wholesale regulated; penalty. — 
 All fresh food fish sold at wholesale shall be sold by weight at the time 
 of delivery. Whoever violates this section shall be punished by a fine 
 of not less than twenty-five nor more than one hundred dollars. 
 
 Sec. 84 (1837). Quintal weight of fish.— If fish are sold by the 
 quintal, it shall mean a quintal of one hundred pounds avoirdupois, 
 and all contracts relative to fish thus sold shall be so construed. 
 
 Sec. 85 (al919). Clam bait; contents of barrel, etc. — If clam bait is 
 sold by the barrel, " barrel " shall mean a fish barrel of not less than 
 twenty-eight nor more than twenty-nine gallons, and containing 
 twenty-six gallons of clams and not more than three gallons of 
 pickle. If the purchaser and seller disagree as to the quantity in a 
 barrel, either party may have it measured by the director of stand- 
 ards or a sealer of weights and measures. If such barrel does not con- 
 tain the said number of gallons of clams, the seller shall receive 
 payment for the number of gallons of clams it does contain, but 
 shall pay the expense of measuring and coopering; otherwise the 
 purchaser shall pay such expense. 
 
 Sec. 86 (1888). Fish to be weighed on request or demand. — All fish 
 when landed from a vessel or boat shall be weighed by a public 
 weigher * of fish or his deputy, when so requested or demanded by 
 the buyer or seller of such fish or by the master, agent or a majority 
 of the crew of such vessel or boat ; and said weigher shall issue a cer- 
 tificate of weight to the seller and a duplicate to the buyer. 
 
 Sec. 87. Record of weight, etc., to be kept. — Each deputy shall report 
 to such weigher the weight of fish weighed by him, and the weigher 
 shall keep a complete record of such weight with the date of weigh- 
 ing, the name of the vessel from which the fish were taken and the 
 person for whom they were weighed. 
 
 Sec. 88. Fees for weighing. — The fees for weighing fish shall be 
 twenty cents per one thousand pounds, but in no case less than one 
 dollar, and shall be paid by the person applying to have the fish 
 weighed. Each deputy shall pay to the weigher two cents per one 
 thousand pounds for all fish weighed by him. 
 
 Sec. 96, as amended by Acts, 1922, ch. 355, p. 374. Fruits, nuts and 
 vegetables. — Except as otherwise provided in sections ninety-eight 
 and ninety-nine and in chapter ninety-nine, or except when sold in 
 the original standard container, all fruits, nuts, vegetables and grain 
 shall be sold at retail by avoirdupois weight or numerical count. 
 The words " original standard container," as used in this section shall 
 mean and include only barrels, boxes, baskets, hampers or similar 
 containers, the dimensions or capacity of which is established by 
 law of this Commonwealth or by act of Congress, the contents of 
 which have not been removed or repacked by the retailer, and upon 
 which is plainly and conspicuously marked the net quantity of the 
 contents thereof in terms of weight, measure or numerical count. 
 This section shall not apply to the sale of apples repacked under the 
 provisions of section one hundred and four nor to the sale, by the 
 bunch, of fresh beets, onions, turnips, rhubarb and other similar 
 vegetables usually and customarily sold by the bunch. Whoever 
 violates any of the provisions of this section shall be punished by a 
 fine of not more than ten dollars. 
 
 1 Appointment of public weighers of flsh, see ch. 41. 
 
MASSACHUSETTS 363 
 
 Sec. 98 (al920). Sale of certain berries regulated; penalty. — Baskets 
 or other receptacles holding one quart or less which are used or in- 
 tended to be used in the sale of strawberries, blackberries, cherries, 
 currants, blueberries, raspberries or gooseberries shall be of the ca- 
 pacity of one quart, one pint or one half pint, Massachusetts stand- 
 ard dry measure. Said baskets or other receptacles shall not be re- 
 quired to be tested and sealed as provided by chapter ninety-eight, 
 but the sealer or deputy sealer of weights and measures of any town 
 or the director of standards 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. 
 
 Whoever sells or offers for sale a basket or other receptacle hold- 
 ing one quart or less to be used in the sale of any of the aforesaid 
 fruit which does not conform to said standard, and whoever sells or 
 offers for sale any of the aforesaid fruit in any basket or other re- 
 ceptacle holding one quart or less which does not conform to said 
 standard shall be punished by a fine of not less than five nor more 
 than ten dollars. 
 
 Sec. 99, as amended by Acts, 1922, ch. 355, p. 374. Sale of certain 
 berries. — Berries, except cranberries, when sold shall, subject to the 
 preceding section, be measured by the strike or level measure. 
 
 Sec. 99A (1921). Standard box and half box for farm produce. — The 
 Massachusetts standard box for farm produce sold at wholesale, ex- 
 cept as otherwise provided, shall contain two thousand one hundred 
 fifty and forty-two one-hundredths cubic inches and shall be of the 
 following dimensions by inside measurements : Seventeen and one- 
 half inches in length by seventeen and one-half inches in width and 
 seven and one-sixteenth inches in depth. The Massachusetts stand- 
 ard half box for farm produce sold at wholesale shall contain one 
 thousand seventy-five and twenty-one one-hundredths cubic inches 
 and shall be of the following dimensions by inside measurements: 
 Twelve and three-eighths inches in length by twelve and three- 
 eighths inches in width and seven and one-sixteenth inches in depth. 
 When the above specified boxes are made of wood the ends shall be 
 not less than five-eighths inches in thickness and the sides and bottom 
 not less than three-eighths inches in thickness. All such boxes and 
 half boxes of the dimensions specified herein shall be marked on at 
 least one outer side in bold, uncondensed capital letters, not less than 
 one inch in height : — Standard Box Farm Produce, — and, — Standard 
 Half Box Farm Produce, — respectively. Whoever marks or other- 
 wise represents any box or half box to be a standard box or half box 
 for the sale of farm produce at wholesale shall, unless such box or half 
 box complies with every specification and requirement of this section, 
 be punished by a fine of not more than fifty dollars. The director 
 of standards in the department of labor and industries, his inspectors 
 and the sealers and deputy sealers of weights and measures in cities 
 and towns shall enforce the provisions of this section. 
 
 Sec. 100 (1915). Standard barrel and box for apples. — The standard 
 barrel for apples shall be of the following dimensions when meas- 
 ured without distension of its parts: Length of stave, twenty-eight 
 and one-half inches; diameter of heads ? seventeen and one-eighth 
 inches; distance between heads, twenty-six inches; circumference of 
 
364 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 bulge, sixty-four inches, outside measurement; and the thickness of 
 staves not greater than four-tenths of an inch : Provided, That any 
 barrel of a different form having a capacity of seven thousand and 
 fifty-six cubic inches shall be a standard barrel. 
 
 The standard box for apples shall be of the following dimensions 
 by inside measurement: Eighteen inches by eleven and one-half 
 inches by ten and one-half inches, without distension of its parts; 
 and shall have a capacity of not less than two thousand one hundred 
 and seventy-three and one-half cubic inches. 
 
 Sec. 104, as amended by Acts, 1924, ch. 119, p. 78. Closed packages, 
 how marked. — Each closed package of apples packed or repacked 
 within the Commonwealth and intended for sale within or without 
 the Commonwealth, shall be marked or branded at the time of pack- 
 ing, repacking or closing with a statement of the quantity of the 
 contents, except as hereinafter provided, the name and address of 
 the person by whose authority the apples were packed, * * * 
 
 Sec. 105, as amended by Acts, 1924, ch. 119, p. 78. Branding and 
 marking of barrels. — The branding or marking of barrels under sec- 
 tions one hundred and one to one hundred and seven, inclusive, and 
 one hundred and twelve shall be in block letters and figures of a size 
 not less than thirty-six point gothic. The commissioner of agricul- 
 ture shall prescribe rules and regulations as to the lettering to be 
 used in branding or marking other packages. 
 
 Sec. 115 (al911). Standard barrel and crate for cranberries. — The 
 legal and standard barrel for cranberries shall measure not less 
 than twenty-five and one- fourth inches between the heads, inside; 
 the length of the staves shall be twenty-eight and one-half inches; 
 the diameter of the head shall be not less than sixteen and one- 
 fourth inches, including the bevelled edge ; the outside bulge circum- 
 ference shall measure not less than fifty-eight and one-half inches; 
 the thickness of the staves shall be not greater than four-tenths of 
 an inch. The legal and standard crate for cranberries shall measure 
 seven and one-half inches, by twelve inches, by twenty-two inches, 
 inside, exclusive of any interior partition or support, and shall have 
 an interior capacity of one thousand nine hundred and eighty cubic 
 inches; but any square or oblong crate or box of different form, 
 but of as great interior capacity, shall be considered a legal and 
 standard crate. 
 
 Sec. 116. Provisions as to barrels and crates; penalty. — Each barrel, 
 crate, one-half crate or one-quarter crate used for the sale or deliv- 
 ery of cranberries shall be of the standard measure prescribed in 
 this or the preceding section, and shall be marked as therein required. 
 No person shall use any barrel, crate, one-half crate or one-quarter 
 crate for such sale or delivery, the capacity of which is less than that 
 of the corresponding standard package prescribed in the preceding 
 section. Sealers of weights and measures shall enforce this and 
 the preceding section. Whoever violates any provision of this or 
 the preceding section shall be punished by a fine of not more than 
 one hundred dollars. 
 
 It shall be lawful to use for the sale and delivery of cranberries, 
 square or oblong packages which contain one-half crate or one- 
 quarter crate, provided that such packages have an interior ca- 
 pacity, exclusive of any partition or support, of nine hundred and 
 
MASSACHUSETTS 365 
 
 ninety and of four hundred and ninety-five cubic inches, respec- 
 tively. No barrel, crate, one-half crate or one-quarter crate, in- 
 tended to be used for the sale or delivery of cranberries, except of 
 the standard measure specified in this section, and plainly marked 
 with the words " Massachusetts Standard Measure," shall be manu- 
 factured 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 specified for such package. 
 
 Nothing in this or the preceding section shall prohibit the use of 
 third, half and three-quarter barrels, as provided by United States 
 law. 
 
 Sec. 117. Sale of cranberries in packages. — It shall be lawful to use 
 for the sale and delivery of cranberries packages containing one, 
 two or four pounds of cranberries, net weight : Provided, That said 
 net weight is plainly stamped on the top or side of each package. 
 
 Sec. 140 (1815). Weighers of beef; appointment. — In each town 
 where beef cattle are sold for the purpose of marketing or barrel- 
 ing, the mayor or selectmen shall appoint one or more persons, con- 
 veniently situated in such town and not dealers in cattle, as weighers 
 of beef. Each such weigher shall be sworn to the faithful perform- 
 ance of his duties. 
 
 Sec. 141. Fees. — Fees for weighing cattle shall be paid by the 
 vendor and shall be twenty cents for each of the first five cattle, fif- 
 teen cents for each of the second five, ten cents each from the eleventh 
 to the twentieth, inclusive, and five cents for each above twenty; 
 also twelve and one-half cents for each certificate, which shall con- 
 tain the weight of each of the cattle weighed for one person unless 
 the vendor requests a division thereof. 
 
 Sec. 157 (al920). Sale of ice at retail regulated; penalty. — Whoever, 
 being engaged in the business of selling ice at retail, and not engaged 
 in the delivery of the same under a contract, refuses to sell from any 
 place or vehicle engaged in the regular distribution of ice at retail 
 a piece of ice at the fair value thereof to any person other than an 
 ice dealer, shall, if such person tenders in payment therefor the 
 amount of five cents or any multiple thereof not more than fifty 
 cents in legal money of the United State, be punished by a fine of 
 not more than one hundred dollars. 
 
 Sec. 158. Ice dealers to have scales and to weigh ice; penalty. — A 
 dealer in ice who refuses or neglects to provide scales for each ve- 
 hicle used by him for the delivery of ice or who, upon request of a 
 purchaser of ice, refuses or neglects to weigh the same when deliv- 
 ered, shall be punished by a fine of not more than fifty dollars. 
 
 Sec. 159 (1920). Penalty for refusal to weigh ice. — Whoever, having 
 charge of the delivery of ice from a vehicle, but not being a dealer 
 in ice, refuses upon the request of a purchaser of ice to weigh the 
 same when it is delivered, shall be punished by a fine of not more 
 than ten dollars. 
 
 Sec. 172 (al914). Definition of barrel and hogshead. — The barrel 
 shall contain thirty-one and one-half gallons and the hogshead two 
 barrels : Provided, That in barrels and fractional parts thereof con- 
 taining malt beverages a variation or tolerance of six per cent shall 
 be permitted. 
 
 Sec. 174 (1880). Cental. — A cental or hundredweight shall be one 
 hundred pounds. 
 
366 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 175 (al911). Barrel of flour. — A barrel of flour, measured by 
 weight, shall contain one hundred and ninety-six pounds. 
 
 Sec. 176 (al917). Sales by weight; definition of " weight "; penalty.— 
 "Weight" in a sale of commodities by weight shall mean the net 
 weight of all commodities so sold; and contracts concerning such 
 sales shall be so construed : Provided, That in respect to commodities 
 not intended for food or fuel reasonable tolerances or variations shall 
 be permitted in accordance with established trade customs. Viola- 
 tion hereof shall be punished by a fine of not more than one hundred 
 dollars. 
 
 Sec. 177, as amended by Acts, 1923, ch. 155, p. 147. Penalty for giving 
 false weight or measure. — Except as otherwise provided by section 
 two hundred and forty-eight, whoever, himself or by his servant or 
 agent gives or attempts to give false or insufficient weight or measure 
 shall be punished for the first offence by a fine of not more than fifty 
 dollars, for the second offence by a fine of not more than two hundred 
 dollars, and for a subsequent offence by a fine of fifty dollars and by 
 imprisonment for not less than one nor more than three months. 
 
 Sec. 178 (1826). Rules for weighing; who are public weighers. — Each 
 public weigher of goods or commodities shall weigh them according 
 to section one hundred and seventy-six, and shall certify accordingly ; 
 and for each refusal or neglect he shall forfeit not more than ten 
 dollars. Each weigher of goods appointed by a town, and each 
 weigher^ for hire or reward, shall be a public weigher hereunder. 
 
 Sec. 179 (1863). Weighers of boilers, etc. — The mayor of a city or 
 the selectment of a town where boilers and heavy machinery are sold 
 shall appoint, and may remove, one or more persons, not engaged 
 in the manufacture or sale thereof, to be weighers of boilers and 
 heavy machinery, who shall be sworn. The appointing officer or 
 board may fix their fees, which shall be paid by the seller. 
 
 Sec. 180 (1914). Certain courts to have jurisdiction over prosecutions 
 concerning false weights and measures. — Complaints and prosecutions 
 for violations of law relating to the use or giving of false or insuffi- 
 cient weight or measure may be commenced and prosecuted in a court 
 having jurisdiction of the place to which the goods are shipped. 
 
 Sec. 181 (al919). Net quantity contained in food packages to be 
 marked thereon. — Subject to the variations, tolerances and exemp- 
 tions provided for by the following section, no person shall himself 
 or by his agent or servant sell or offer for sale food in package form 
 unless the net quantity of the contents is plainly and conspicuously 
 marked on the outside of the package in terms of weight, measure or 
 numerical count. This section shall not apply to retail sales of food 
 made from bulk if the quantity is weighed, measured or counted at 
 the time of such sale by the retailer, nor to the sale of milk, cream 
 or buttermilk in glass jars, as provided by section fifteen of chapter 
 ninety-eight. 
 
 The director of standards shall enforce this and the three following 
 sections. 
 
 Sec. 182. Tolerances and exemptions. — The director of standards 
 shall adopt the variations, tolerances and exemptions established, or 
 hereafter established by rules and regulations provided for by section 
 three of the act of Congress 2 mentioned in section one hundred and 
 
 * 34 Stat., ch,. 3915, p. 768, and amendments thereof. 
 
MASSACHUSETTS 367 
 
 ninety-two, with such further reasonable variations, tolerances and 
 exemptions not covered by the rules and regulations of said section 
 as he deems expedient. 
 
 Sec. 183 (1914). Penalty. — Whoever violates any provision of sec- 
 tion one hundred and eighty-one shall for the first offence be 
 punished by a fine of not less than ten nor more than fifty dollars, 
 and for a subsequent offence by a fine of not less than twenty-five 
 nor more than one hundred dollars. 
 
 Sec. 184 (al919). Hearing before prosecution of guarantor. — Prose- 
 cutions under the preceding section shall not be commenced until the 
 party concerned is notified and given an opportunity to be heard be- 
 fore the director of standards. No dealer shall be prosecuted there- 
 under if he establishes a guaranty, signed by the wholesaler, jobber, 
 manufacturer, dealer or other person residing in the United States, 
 from whom he purchased such articles, that they are correctly 
 marked or labelled under section one hundred and eighty-one, 
 designating it, and containing the name and address of such vendor, 
 but in that case such guarantor shall be liable to prosecution and to 
 the penalties provided by section one hundred and eighty-three. If 
 section one hundred and eighty-one has been violated and the guar- 
 antor is without the Commonwealth, no action shall be brought but 
 the director of standards shall report the facts to the proper national 
 authorities. 
 
 Sec. 219, as amended by Acts, 1922, cb. 355, p. 374. Weighers to be 
 appointed. — Mayors and selectmen shall annually appoint one or 
 more weighers of grain, who shall be sworn to the faithful per- 
 formance of their duty; and if only one is appointed by them, they 
 may authorize him to appoint deputy weighers. 
 
 Sec. 221, as amended by Acts, 1922, ch. 355, p. 374. Fees of weighers. — 
 The fees of weighers of grain and their deputies, if any are author- 
 ized, shall be prescribed by the aldermen or selectmen of the several 
 towns where they are appointed. One half of such fee shall be paid 
 by the seller and one half by the purchaser. 
 
 Sec. 222, as amended by Acts, 1922, ch. 355, p. 374. Certificate of sale 
 by cental or hundredweight. — If any wheat, corn, rye, oats, barley, 
 buckwheat, cracked corn, ground corn or corn meal, ground rye or 
 rye meal, or feed, or any other meal, is sold by the cental or hun- 
 dredweight, the weigher or his deputy, on request of either party 
 to the contract, shall ascertain the weight thereof and shall give a 
 certificate of the number of centals or hundredweight of the same; 
 and whoever sells and delivers a quantity of either of said articles 
 exceeding one cental or hundredweight, if it has not been weighed 
 by such weigher or his deputy, shall forfeit to the purchaser ten 
 dollars for each lot purporting to be a cental or hundredweight which 
 contains less than one hundred pounds. 
 
 Sec. 224, as amended by Acts, 1922, ch. 355, p. 374. Penalty for false 
 weights or collusion. — If a weigher or deputy weigher uses, or has 
 in his possession with intent to use, for the purposes provided in sec- 
 tions two hundred and nineteen to two hundred and twenty-two, in- 
 clusive, any false weight, scale, balance or other instrument for 
 weighing, or colludes with the purchaser or seller with intent to 
 defraud the other party, or makes and utters a false and fraudulent 
 certificate under sections two hundred and nineteen to two hundred 
 
 517—26 24 
 
368 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and twenty-two, inclusive, he may be removed from office by the 
 aldermen or selectmen, and shall also on conviction thereof be 
 punished by a fine of not more than five hundred dollars or by 
 imprisonment for not more than six months. 
 
 Sec. 225 (al912). Tag or label affixed to commercial feeding stuff; 
 form and contents. — Each package, lot or parcel of commercial feed- 
 ing stuff sold or offered, exposed or kept for sale or distributed shall 
 have affixed thereto in a conspicuous place, as provided in the follow- 
 ing section, a tag or label containing a legible and plainly printed 
 statement in the English language clearly and truly certifying : 
 
 (a) The weight of the contents of the package, lot or parcel; 
 
 (b) The name, brand or trade mark; 
 
 (e) The name and principal address of the manufacturer or person 
 responsible for placing the commodity on the market ; * * * 
 
 Sec. 236 (1824). Weighers of hay. — If a town or the city council of 
 a city accepts this section or has accepted corresponding provisions 
 of earlier laws, the mayor or selectmen may from time to time ap- 
 point, for a term not exceeding one year, and may at any time re- 
 move, weighers of hay, who shall be sworn to the faithful perform- 
 ance of their duty and who shall have the superintendence of the 
 hay scales belonging to such city or town, and shall weigh hay of- 
 fered for sale therein and any other article offered to be weighed. 
 Cities and towns may establish ordinances and by-laws for the regu- 
 lation of hay scales and of the compensation of weighers of hay. 
 Whoever, not having been so appointed, sets up hay scales in a city 
 or town for the purpose of weighing hay or other articles offered to 
 be weighed shall forfeit to the use of such city or town twenty dollars 
 a month, so long as such scales are maintained. 
 
 Sec. 237 (1862). Sale of timothy, etc., seed, regulated; penalty.. — 
 Except as otherwise provided in chapter ninety-nine, all contracts for 
 the sale and delivery of timothy or herdsgrass seed shall be made by 
 avoirdupois weight. Whoever violates this section shall be punished 
 by a fine of not more than twenty dollars. 
 
 Sec. 238 (al920). Weighers of coal. — The mayor or selectmen shall 
 annually appoint, and may remove, weighers of coal, one of whom 
 at least shall not be engaged in the business of selling coal, who shall 
 be sworn to the faithful performance of their duty, and by whom 
 all coal shall be weighed. No person shall be ineligible for appoint- 
 ment in a town because of the fact that he is not a resident thereof, 
 notwithstanding any provisions to the contrary in any city charter. 
 Women shall be eligible for appointment as weighers of coal. 
 
 Sec. 239 (al830). Inspection, etc., of coal; ordinances and by-laws. — 
 Towns may establish ordinances and by-laws, with suitable penalties, 
 for the inspection, survey, measurement and sale of coal brought 
 therein for sale, and may also provide for the appointment of the 
 proper officers therefor and may establish their fees. 
 
 Sec. 240, as amended by Acts, 1923, ch. 196, p. 170. Coal and coke sold 
 by weight, when. — Coal shall be sold by weight, and, except when sold 
 by cargo, two thousand pounds avoirdupois shall be the standard for 
 the ton. Coke and charcoal in any quantities shall be sold only by 
 weight or measure. 
 
 Sec. 241, as amended by Acts, 1923, ch. 196, p. 170. Sale of coal, coke 
 and charcoal in bags and baskets. — Coal in quantities of one hundred 
 
MASSACHUSETTS 369 
 
 pounds or less shall be sold by weight, and coke and charcoal in 
 quantities of one hundred pounds or less shall be sold by weight or 
 measure, in bags, sacks or baskets, and until delivered shall be kept 
 in the same bags, sacks or baskets in which they were weighed or 
 measured; and coal, coke and charcoal thus sold shall be exempt 
 from section two hundred and forty- four. When sold by weight, 
 such bags, sacks or baskets shall be plainly marked with the name of 
 the person who puts up the same and with the weight of the coal, coke 
 or charcoal therein in letters and numerals, respectively, of bold un- 
 condensed type at least one inch in height. Paper bags or sacks used 
 in the sale of coal shall contain and shall be sold as containing 
 twenty-five pounds, avoirdupois weight. 
 
 Sec. 242 (al919). Baskets, etc., used in selling coke, etc., regulated.— 
 Baskets or similar receptacles used in selling coke, charcoal or un- 
 packed kindling wood by measure shall be of one bushel or multiple 
 thereof, Massachusetts standard dry measure, shall have their capac- 
 ity plainly marked thereon, shall be sealed by a sealer of weights 
 and measures of the town or district where the vendor resides or 
 conducts his business, and shall be filled at least level full when well 
 shaken. 
 
 Sec. 243 (al921). Paper bags, etc., used in sale of coke, etc., regu- 
 lated. — Paper bags or sacks used or intended to be used in the sale 
 of coke, charcoal or kindling wood by measure shall be not less than 
 twenty-five inches in height, not less than thirteen and one-half inches 
 in width, and the bottoms shall not be less than four and three- 
 quarters inches wide. They shall be filled to a point not more than 
 six inches from the upper end. Bags of unpacked kindling wood 
 or of coke or charcoal sold or offered for sale by measure shall con- 
 tain, and shall be sold as containing, one-half bushel, Massachusetts 
 standard dry measure. Bags and sacks shall be plainly marked with 
 the name and business address of the person putting up the same, 
 and the words " one half bushel " in bold, uncondensed, capital letters 
 at least one inch in height. Whoever himself or by his servant or 
 agent or as the servant or agent of another sells or offers for sale 
 a paper bag or sack to be used in the sale of coke, charcoal or kindling 
 wood by measure which does not conform in every particular to the 
 requirements of this section shall be punished by a fine of not more 
 than one hundred dollars. 
 
 Sec. 244 (al910). Certificate of weight, etc. — Whoever, except as 
 provided in section two hundred and forty-one, sells coke, charcoal 
 or coal by weight shall without cost to the purchaser cause the goods 
 to be weighed by a sworn weigher of the town where they are 
 weighed, and shall cause to be signed by the weigher a certificate 
 stating the name and place of business of the seller, and either the 
 identifying number, of which a permanent record shall be kept, or 
 the name of the person taking charge of the goods after the weighing 
 as given to the weigher on his request, the tare weight, and the quan- 
 tity of the goods. Such certificate shall be given to said person and 
 shall be given by him only to the owner of the goods or his agent 
 when he unloads the same; and each such person, on request and 
 without charge therefor, shall permit any sealer of weights and 
 measures of any town to examine the certificate and to make a copy 
 thereof. 
 
370 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 245. Sealer may direct goods to be weighed. — A sealer of weights 
 and measures of a town where any quantity of coke, charcoal or coal 
 for delivery is found may direct the person in charge of the goods 
 to convey the same without delay or charge to scales designated by 
 such sealer, who shall there determine the quantity of the goods, and, 
 if they are not in baskets or bags as required by section two hun- 
 dred and forty-one, shall determine their weight together with the 
 tare weight, and shall direct said person to return to such scales 
 immediately after unloading the goods; and upon such return, the 
 sealer shall determine the tare weight. The scales designated by the 
 sealer as aforesaid may be the public scales of the town or any other 
 scales therein which have been duly tested and sealed, and shall be 
 such scales as in his judgment are most convenient. 
 
 Sec. 246 (1901). Record to be kept of weights and measures. — Each 
 sealer of weights and measures of a town and each sworn weigher 
 shall keep in a book used by him solely for that purpose a record of 
 all baskets sealed by him as aforesaid, and of all weighings and de- 
 terminations of quantities of coke, charcoal or coal made by him as 
 aforesaid. Such record shall be made at the time of measuring or 
 weighing, and shall state the day and hour of the measuring or 
 weighing, the name and place of business of the vendor, the name 
 of the owner of the baskets or of the purchaser of the goods as given 
 to him on his request by the person taking charge of the baskets or 
 goods after weighing or measuring, the capacity of the baskets 
 measured or quantity of goods determined, and the name of said 
 person; and, in the case of a reweighing as provided in the preced- 
 ing section, shall state the weight as given in the certificate and as 
 determined by him. No charge shall be made by any such sealer for 
 anything done under this and the two preceding sections. 
 
 Sec. 247 (al919). Edgings and kindling wood, sale of. — Edgings or 
 kindling wood shall not be sold in bundles unless the same are closely 
 packed and are not less than twenty-seven inches in circumference. 
 Kindling wood may be sold in bulk by the load ; but if unpacked shall 
 not be sold unless by measure and, if exceeding six inches in length, 
 shall not be sold in bags or sacks. 
 
 Sec. 248, as amended by Acts, 1923, ch. 155, p. 147. Penalties; enforce- 
 ment of law. — Whoever violates any provision of sections two hun- 
 dred and forty to two hundred and forty-seven, inclusive, except as 
 otherwise provided therein, or fails to comply with any request for 
 information or direction made under authority of sections two hun- 
 dred and forty, two hundred and forty-one, two hundred and forty- 
 four to two hundred and forty-six, inclusive, or gives a false answer 
 to any such request, shall be punished by a fine of not more than fifty 
 dollars ; and whoever is guilty of fraud or deceit as to the weighing, 
 selling or delivering of coke, charcoal or coal, or whoever, by him- 
 self, or by his servant, agent or employee, sells or delivers coal which 
 is short in weight or measure or which contains an unreasonable 
 amount of shale, slate, rock or other foreign substance, shall be 
 punished by a fine of not more than one thousand dollars or by im- 
 prisonment for not more than one year, or both. The director of 
 standards and local sealers of weights and measures shall cause sec- 
 tions two hundred and forty to two hundred and forty-nine, inclu- 
 sive, to be enforced. 
 
MASSACHUSETTS 371 
 
 Sec. 249 (al920). Penalty for having illegal coal, etc., measures. — 
 A vendor of coal, coke, charcoal or kindling wood, who has in his pos- 
 session a basket, bag, sack or other measure which does not conform in 
 every particular to the requirements respecting such measure, with 
 intent to use or permit it to be used in measuring coal, coke, charcoal 
 or kindling wood sold or offered for sale, shall be punished by a fine of 
 not more than twenty dollars, and such basket, bag, sack or measure 
 shall be destroyed. 
 
 Sec. 249A, as enacted by Acts, 1923, ch. 155, p. 147. Inspection of 
 coal. — The department of public health, local boards of health, the 
 director of standards and local sealers of weights and measures, by 
 themselves or by their authorized agents, may enter each place where 
 coal is stored or kept for sale and each railroad train or car or any 
 vehicle used for its conveyance and may inspect said coal or take there- 
 from samples for analysis or inspection. Said department or board 
 shall cause each sample taken to be analyzed, inspected or otherwise 
 satisfactorily tested and shall record and preserve as evidence the 
 results thereof. If, in the opinion of said department or board, upon 
 inspection, analysis or other satisfactory test, said coal is unfit for 
 ordinary use, said department, or said board with the approval of said 
 department, may condemn, seize and cause the same to be destroyed 
 forthwith or disposed of otherwise than for ordinary use. All money 
 received by said department or board for coal disposed of as afore- 
 said, after deducting the expenses of said seizure and disposal, shall 
 be paid to the owner of such coal. 
 
 See. 249B, as enacted by Acts, 1923, ch. 155, p. 147. Hindering or 
 
 obstructing an official ; penalty Any person who hinders, obstructs or 
 
 interferes with the department of public health, local boards of health, 
 the director of standards, local sealers of weights and measures, or 
 their authorized agents, in the performance of their duty under the 
 preceding section, shall be pumshed by a fine of not less than one 
 hundred nor more than one thousand dollars or by imprisonment for 
 not less than one month nor more than one year, or both. 
 
 Sec. 249C, as enacted by Acts, 1923, ch. "155, p. 147. Offering con- 
 demned coal for sale ; penalty. — Whoever, by himself, or by his servant, 
 agent or employee, sells, exposes or offers for sale, or has in his cus- 
 tody or possession with intent to sell, coal condemned under the pro- 
 visions of section two hundred and forty-nine A shall be punished by 
 a fine of not less than one hundred nor more than one thousand dol- 
 lars or by imprisonment for not less than one month nor more than 
 one year, or both. 
 
 Sec. 249D, as enacted by Acts, 1923, ch. 155, p. 147. Offering unfit coal 
 for sale; penalty. — Whoever, by himself, or by his servant, agent or 
 employee, sells, exposes or offers for sale, or has in his custody or 
 possession with intent to sell, coal unfit for ordinary use shall be 
 punished by a fine of not more than one thousand dollars or by 
 imprisonment for not more than one year, or both. 
 
 Sec. 249E, as enacted by Acts, 1923, ch. 155, p. 147. Selling coal with 
 unreasonable amount of foreign matter ; penalty. — Whoever, by himself, 
 or by his servant, agent or employee, in placing or packing coal in 
 any basket, bag, sack or other receptacle, places or causes to be placed 
 therein any foreign substance, or sells, or exposes or offers for sale, 
 or has in his custody or possession with intent to fell, coal placed or 
 packed in a basket, bag, sack or other receptacle containing an un- 
 
372 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 reasonable amount of any foreign substance sball be punished by a 
 fine of not more than one thousand dollars or by imprisonment for 
 not more than one year, or both. 
 
 Sec. 249F, as enacted by Acts, 1923, ch. 155, p. 147. Enforcement. — 
 The department of public health, local boards of health, the director 
 of standards and local sealers of weights and measures shall cause the 
 five preceding sections to be enforced. 
 
 Sec. 250 (al911). Commercial fertilizers, weight to be marked on 
 label. — No commercial fertilizer shall be sold or offered or exposed 
 for sale without a plainly printed label accompanying it, displayed 
 in the manner hereinafter set forth, and truly stating the following 
 particulars : 
 
 1. The number of pounds of the fertilizer sold or offered or ex- 
 posed for sale. 
 
 2. The name, brand or trade mark under which the fertilizer is 
 sold, * * * 
 
 3. The name and principal address of the manufacturer, importer 
 or other person putting the fertilizer on the market in the Common- 
 wealth. * * * 
 
 Sec. 265 (al920). Quality of lime and casks. — No stone lime manu- 
 factured within the Commonwealth shall be sold or exposed for sale, 
 or shipped on board a vessel in casks, unless it is well burnt and 
 pure, in good and sufficient new casks containing either one hundred 
 and eighty or two hundred and eighty pounds each, made of well 
 seasoned heads and staves, with ten good and sufficient hoops on each 
 cask, well driven and sufficiently secured with nails or pins. 
 
 Sec. 266 (1809). Penalty for sale, etc., of certain lime. — Whoever 
 sells, exposes for sale, ships or receives on board a vessel in casks, 
 any lime manufactured in the Commonwealth, other than such as is 
 contained in casks made according to the preceding section and 
 marked or branded as provided in section two hundred and sixty- 
 three, shall be punished by a fine of one dollar and fifty cents for each 
 cask sold, exposed for sale, shipped or received on board a vessel; 
 but sections two hundred and sixty-two to two hundred and sixty- 
 eight, inclusive, shall not restrain any person from retailing lime by 
 the bushel or other quantity, when not in casks. 
 
 Sec. 269 (al862). Survey of marble, etc. — The aldermen of a city or 
 selectmen of a town may establish regulations, with suitable penalties, 
 relative to the appointment of a surveyor and the survey and meas- 
 urement of marble, soapstone and freestone of every description, 
 foreign or domestic, which is imported or brought into such city or 
 town for sale. 
 
 Sec. 278 (al892). Mails and brads, how to be made and packed. — 
 Wrought, cut or wire nails and brads of all sizes manufactured 
 in the Commonwealth shall be well made, packed free from waste 
 pieces of iron unless they are refuse nails or brads, and free from any 
 fraudulent mixture increasing the weight, in strong and sufficient 
 casks of seasoned timber, well hooped, containing not more than 
 three hundred pounds each. 
 
 Sec. 279. Casks, how to he branded. — Each cask of wrought, cut or 
 wire nails or brads shall be marked or branded on the head by the 
 manufacturer, in plain, legible letters in the English language, with 
 his name and the net weight of the contents of the cask. 
 
MASSACHUSETTS 373 
 
 Sec. 280. Penalty for selling, etc., casks, etc., of nails, etc., not 
 branded. — If a cask, package or quantity of wrought, cut or wire 
 nails or brads, manufactured in the Commonwealth or elsewhere and 
 not branded or marked as provided in the preceding section, is offered 
 or exposed for sale within the Commonwealth or put on board a ves- 
 sel or vehicle, unless to be carried out of the Commonwealth, it shall 
 be forfeited. 
 
 Sec. 281. Penalty for counterfeiting a brand, etc. — Whoever counter- 
 feits a brand used or intended to be used for the purpose of marking 
 a cask of nails or brads, or destroys or alters a mark or impression 
 made by another's brand on a cask of wrought, cut or wire nails 
 or brads, and causes a different impression by such counterfeit brand 
 to be marked or impressed thereon, or shifts any such nails or brads 
 from one branded cask to another and thereby avails himself of an- 
 other's brand, shall forfeit twenty dollars. 
 
 Sec. 282. Disposition of forfeitures. — All forfeitures recovered under 
 the two preceding sections shall be divided equally between the 
 informer and the Commonwealth. 
 
 Sec. 283 (1920). Slot machines and other automatic devices, use of, 
 regulated. — No person shall maintain any slot machine or other auto- 
 matic device, except gas meters, electric meters and telephones, 
 which, upon the deposit therein of any coin or other article of value, 
 furnishes music or other entertainment, exhibits pictures, provides 
 facilities for weighing, supplies any merchandise or other thing, 
 or renders any service, or is represented to do or perform any of the 
 above-mentioned things, unless such machine or device is of a type 
 approved by the director of standards; but no person maintaining 
 such machine or device with respect to which, or to the operation, 
 service or supplies of which, there is any element of chance shall be 
 protected or be entitled to immunity from prosecution because of 
 such approval. 
 
 Sec. 284. Penalty. — Whoever installs or maintains a machine or 
 device mentioned in the preceding section which is of a type not 
 approved as therein provided shall, if such machine or device fails 
 properly to respond to the insertion or deposit therein of a coin or 
 other article of value, be punished by a fine of not more than 
 twenty-five dollars. 
 
 Sec. 285 (al880). Sewing thread to be labelled. — Each manufacturer 
 of cotton, linen or silk sewing thread, and each person engaged in 
 putting up such thread on spools, or in packages of four ounces 
 weight or less not wound on spools, shall, before the same is offered 
 for sale, affix to or impress upon each spool of such thread, and upon 
 each package of such thread not wound on spools, a label or stamp 
 plainly and conspicuously designating the quantity of thread which 
 such spool or package contains, either by giving the length in yards 
 or by giving the weight. 
 
 Sec. 286 (al878). Penalty for neglect to affix label. — Each person 
 referred to in the preceding section who neglects to affix a correct 
 label to or to impress a correct stamp upon each spool and package 
 of thread, or who affixes to or impresses upon, or causes or suffers 
 to be affixed to or impressed upon any spool or package of thread 
 intended for sale, a label or stamp specifying that such spool or 
 package contains a greater number of yards or a greater quantity 
 
374 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of thread by five per cent than such spool or package does contain, 
 shall forfeit five dollars for each spool or package so without a label 
 or stamp or so falsely labelled or stamped which is sold or delivered 
 to any person to be sold; one half to the use of the Commonwealth 
 and one half to the use of the person who sues therefor. 
 
 Sec. 287 (al880). Penalty for selling thread falsely labelled. — A mer- 
 chant, jobber or trader who sells or offers for sale cotton, linen or 
 silk sewing thread, put up either on spools, or in packages of the 
 weight of four ounces or less not wound on spools, which is not 
 labelled or stamped, or which is falsely labelled or stamped as re- 
 gards length or quantity by an amount greater than five per cent 
 of the true length or quantity, shall be liable to the penalty provided 
 in the preceding section. 
 
 Sec. 288 (1878). Certain bobbins exempted. — The three preceding 
 sections shall not apply to ready wound bobbins of thread adapted 
 for use in sewing machine shuttles. 
 
 Sec. 296 (al796). Measurers of wood and bark. — A town and the 
 city council of a city shall annually choose one or more measurers of 
 wood and bark, who shall be sworn to the faithful performance of 
 their duties and shall hold office during the year and until others 
 are chosen and qualified in their stead. A town, by vote fixing the 
 number to be chosen, may delegate the appointment of such meas- 
 urers to the selectmen. 
 
 Sec. 297 (al920). Measurers may act in adjoining town. — Such meas- 
 urers may, in the manner prescribed for measurers of lumber in 
 section eight of chapter ninety-six, be licensed to act in a town ad- 
 joining that for which they are elected or appointed. 
 
 Sec. 298 (al921). Cord wood, dimensions of. — Cord wood exposed for 
 sale shall be four feet in length, including half the kerf. The term 
 "firewood" shall be construed to mean and include wood cut to any 
 lengths of less than four feet. The standard unit of measure for 
 cord wood or firewood shall be the "cord" of one hundred and 
 •twenty-eight cubic feet consisting of or equivalent to a pile, closely 
 stacked, eight feet in length, four feet in width and four feet in 
 height. 
 
 Sec. 299 (al921). Penalty for selling wood, etc., not measured. — Who- 
 3ver, except as otherwise provided, sells cord wood or firewood, shall 
 cause a certificate or memorandum to be issued and delivered to the 
 purchaser or his agent at the time of delivery of the wood, or as 
 soon thereafter as practicable. Such certificate or memorandum 
 shall include the names and addresses of the seller and of the pur- 
 chaser, and a statement of the quantity of wood delivered, in terms 
 of cords or of cubic feet. Whoever violates any provision of this or 
 the preceding section shall be punished by a fine of not more than 
 fifty dollars. 
 
 Sec. 300 (al796). Fees of measurers. — Measurers of wood and bark 
 shall be entitled to such fees for their services as the aldermen or 
 selectmen shall establish; and the fees shall in each case be paid to 
 the measurer by the driver and shall be repaid by the purchaser. 
 
 Sec. 301 (al830). Measurement of water-borne wood. — Cord wood 
 brought by water into a town for sale, and landed, shall be measured 
 by a public measurer ; and for that purpose the wood shall be corded 
 and piled by itself in ranges, making up in height what is wanting 
 
MASSACHUSETTS 375 
 
 in length, and, being so measured, a ticket shall be given to the pur- 
 chaser, who shall pay the stated fees for such service. Towns may 
 establish ordinances and by-laws, with suitable penalties, for the 
 inspection, survey, measurement and sale of wood and bark for fuel 
 brought therein for sale, and may also provide for the appointment 
 of inspectors, surveyors and other officers and establish their fees. 
 
 Sec. 302 (1799). Tickets showing quantity in load; certain sections 
 not to apply. — Each wharfinger, carter or driver who conveys fire- 
 wood or bark from a wharf or landing place shall be furnished by 
 the owner or seller with a ticket certifying the quantity which the 
 load contains and the name of the driver ; and if firewood or bark is 
 thus conveyed without such ticket accompanying the same, or if a 
 driver refuses to produce and show such ticket to any sworn measurer 
 on demand, or to give his consent to have the same measured, or if 
 such ticket certifies a greater quantity of wood or bark than the load 
 contains in the opinion of such measurer after measuring the same, 
 the driver and owner shall for each load thereof severally forfeit five 
 dollars. Sections two hundred and ninety-six to three hundred and 
 three, inclusive, shall not apply to a person who transports or carts 
 or causes to be transported or carted from a wharf or landing place 
 to his own dwelling house or store cord wood or bark which he has 
 purchased on a wharf or landing place, or which he has landed 
 thereon upon his own account. 
 
 Sec. 303 (al891). Inspection and sale of bark, slabs, etc. — The city 
 council of a city may establish ordinances, with suitable penalties 
 not exceeding five dollars for any one violation thereof, for the 
 regulation of the sale of prepared wood, slabs and edgings for fuel, 
 when sold by the load, and for the inspection, survey, measurement 
 and sale of bark for fuel or manufacturing purposes brought into 
 said city for sale, whether the same is exposed for sale in ranges or 
 upon a vehicle; and said city may provide for the appointment of 
 such survej^ors, inspectors and other officers as may be necessary to 
 carry into effect said ordinances and may establish their fees. 
 
 Sec. 305 (1919). Penalty for fraud in packing certain commodities. — 
 Whoever, with intent to defraud or injure, in baling or in packing 
 in any container any commodity sold by weight, including wool, 
 leather, cotton, waste, rags and paper, places therein any substance 
 foreign to the contents thereof shall be punished for the first offence 
 by a fine of not more than one hundred dollars, for the second offence 
 by a fine of not more than two hundred dollars, and for a subsequent 
 offence by a fine of fifty dollars and imprisonment for not less than 
 one nor more than three months. 
 
 Gen. Laws, 1921, Vol. 1, ch. 96, p. 955. 
 
 Sec. 7 (al920). Measurers of lumber in cities and towns. — Towns may 
 annually elect one or more measurers of lumber, who shall be sworn 
 to the faithful performance of their duties, and cities may by 
 ordinance provide for the annual appointment of such measurers. 
 
 Sec. 8. Measurers may be licensed to act in adjoining towns. — A meas- 
 urer of lumber in any town may apply to the selectmen of an ad- 
 joining town for a license to measure lumber therein, and if the 
 selectmen are of the opinion that it will be for the public convenience 
 they may, upon payment of a fee not exceeding one dollar, grant 
 such license, and may limit the territory in which such license may 
 
376 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 be exercised. Such a license shall remain in force while the licensee 
 holds the office of measurer in the town for which he was chosen, 
 but not later than the next annual town meeting of said town. 
 
 Sec. 9, as amended by Acts, 1924, cli. 258, p. 241. Penalty for fraud 
 in surveying. — A measurer of lumber for any city or town who is 
 guilty of or connives at a fraud or deceit in measuring, marking or 
 numbering the contents of any kind of wood or lumber, or who, when 
 lawfully requested, refuses without good reason to measure lumber, 
 shall be punished by a fine of not less than fifty nor more than two 
 hundred dollars. 
 
 Sec. 10, as amended by Acts, 1924, ch. 258, p. 241. Penalty for fraud 
 of purchaser or seller. — A seller or purchaser of lumber who induces 
 or attempts to induce a measurer to make a false measurement shall 
 be punished by a fine of not less than fifty nor more than two 
 hundred dollars. 
 
 Sec. 11, as amended by Acts, 1924, ch. 258, p. 241. Penalty for misrep- 
 resentation of authority.- — Whoever without authority represents him- 
 self to be an official measurer of lumber of any city or town shall be 
 punished by a fine or not less than fifty nor more than two hundred 
 dollars. 
 
 Gen. Laws, 1921, Vol. 1, ch. 41, p. 309. 
 
 Sec. 85 (1918). Weighers, measurers and surveyors of commodities; 
 appointment, qualification and term of office. — The mayor or the select- 
 men, on the written request of any person engaged in buying, selling 
 or transporting goods or commodities which require weighing, sur- 
 veying or measuring, shall appoint weighers, measurers or surveyors 
 of such goods or commodities, who shall be sworn before entering 
 upon their duties, shall serve for one year, and may be removed at 
 any time by the appointing authority. At least one such weigher, 
 measurer and surveyor in each town shall not be engaged in the bus- 
 iness of buying, selling or transporting the goods or commodities 
 weighed, measured or surveyed by him, but no person shall be in- 
 eligible for appointment because of sex or because of residence else- 
 where than in the town where appointed, notwithstanding any pro- 
 visions to the contrary in any general or special act. 
 
 Sec. 88 (al919). Duties and obligations. — All persons appointed 
 under the preceding section shall keep accurate records, in the form 
 prescribed by the director of standards, of all weighings, measure- 
 ments or surveys made by them, which shall at all reasonable times 
 be open to inspection by said director and his inspectors and by the 
 local sealer of weights and measures. If any person so appointed 
 shall wilfully misrepresent the weight, quantity or measurements of 
 any goods weighed, measured or surveyed by him, he shall be pun- 
 ished by a fine of not more than one hundred dollars. 
 
 Sec. 87 (1918). Not to affect weighers of particular commodities. — 
 The two preceding sections shall not affect the provisions of law for 
 the appointment of weighers, measurers or surveyors of particular 
 commodities. 
 
 Sec. 88 (1888). Weighers of fish. — The mayor of each city, and the 
 selectmen of each town, where salt-water fish are landed from ves- 
 sels, shall annually appoint a public weigher of fish, to hold office for 
 one year from the time of his appointment and until his successor is 
 appointed, who shall be sworn to the faithful performance of his 
 
MASSACHUSETTS 377 
 
 official duties and shall give bond, with sureties, in the sum of five 
 thousand dollars. 
 
 Sec. 89. Deputy weighers. — A public weigher of fish may appoint, 
 subject to the approval of the mayor or the chairman of the select- 
 men, deputy weighers, for whose official conduct he shall be answer- 
 able, who shall be sworn, and from each of whom such weigher shall 
 require a bond, with sureties, in the sum of one thousand dollars. 
 The weigher and his deputies shall not be interested directly or in- 
 directly in the buying or selling of fish. 
 
 Sec. 90. Penalty for violating oath of office. — A weigher or any of his 
 deputies who violates his oath of office shall be punished by a fine of 
 not less than twenty-five nor more than one hundred dollars, and 
 shall forfeit his office. 
 
 Gen. Laws, 1921, Vol. 2, ch. 142, p. 1454. 
 
 Sec. 17 (1916). Marking, sale, etc., of range boilers. — No range boiler 
 shall be sold or offered for sale unless its capacity is plainly 
 marked thereon in terms of Massachusetts standard liquid measure, 
 and with the maker's business name, in such manner as to be easily 
 identified. 
 
 Sec. 19 (al917). Penalty; inspectors of plumbing shall enforce. — 
 Whoever sells or offers or exposes for sale any range boiler not marked 
 or stamped as provided in the two preceding sections, or which is 
 falsely marked as having a capacity which is greater by seven and 
 one-half per cent than its true capacity, or who marks or causes the 
 same to be marked with such false capacity, shall be punished by a 
 fine not exceeding fifty dollars. The inspectors of plumbing within 
 their respective cities and towns shall cause this and the two preced- 
 ing sections to be enforced. 
 
 Sec. 20 (1916). Certain range boilers exempt. — This act shall not 
 apply to the sale or offering for sale of installed range boilers or 
 to the sale or offering for sale of range boilers as junk. 
 
 Gen. Laws, 1921, Vol. 1, ch. 95, p. 954. 
 
 Sec. 1 (al919). Measurers of leather, appointment, etc. — The mayor 
 of a city or the selectmen of a town, upon the request of two or more 
 voters thereof, shall annually appoint one or more measurers of 
 leather who have been certified by the director of standards as fit 
 persons for such appointment, and who shall be sworn to the faithful 
 performance of their duty. The director of standards may at any 
 time, for cause, revoke such certificate of fitness, and such revoca- 
 tion shall immediately render such appointment void. 
 
 Sec. 2 (al913). Measurers may act in any city or town. — A measurer 
 of leather for one town may measure leather in any other town. 
 
 Sec. 3. Duties of measurer. — Each measurer, upon request, shall go 
 to any place within the town for which he is appointed and there 
 ascertain the area of each skin or side or other portion of leather 
 submitted to him. For this purpose, he shall use onty such racks, 
 measures or mechanical devices as have been legally tested and sealed, 
 and shall mark or cause each skin or side or other portion of leather 
 to be marked with indelible figures giving the measurement thereof 
 in square feet, including fractions as small as one-quarter of a foot. 
 After the area of any skin or side or other portion of leather has 
 been determined as aforesaid, it shall be permissible to add one-quar- 
 
378 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ter of a foot to such measurement for any remaining fraction greater 
 than one-eighth of a foot; but no such remaining fraction of less 
 than one-eighth of a foot shall be added or included in such measure- 
 ment. 
 
 Sec. 4. Penalty for selling leather not measured, etc. — Whoever sells 
 or offers leather for sale by measure shall cause the same to be 
 measured by a sworn measurer unless such leather has previously 
 been measured by a sworn measurer of a town in the Commonwealth, 
 or by some person lawfully appointed therefor in any other State, 
 or unless the measurement thereof has been expressly waived in 
 writing by the buyer and seller thereof. Whoever violates this sec- 
 tion shall be punished by a fine of not less than ten nor more than 
 fifty dollars. 
 
 Sec. 5. Penalty for altering or counterfeiting measurers' marks. — 
 Whoever counterfeits or causes to be counterfeited, or, not being 
 a sworn measurer, alters or defaces with intent to deceive, a meas- 
 urer's marks on a skin or side or other portion of leather shall be 
 punished by a fine of twenty-five dollars. 
 
 Gen. laws, 1921, Vol. 1, ch. 97, p. 957. 
 
 Sec. 3 (1871). Annual test of surveyors' apparatus; penalty. — All 
 apparatus for linear measurements used by a land surveyor shall be 
 annually tested and proved by the sealer of weights and measures 
 in the town where such surveyor resides or has his office, and all chains, 
 tapes or other apparatus used for linear measurements which can not 
 be made to conform to the standard shall be marked " condemned," 
 or " CD," by said sealer, and any surveyor who thereafter uses for 
 measuring land any such apparatus shall be punished by a fine of 
 twenty dollars. 
 
 Sec. 4. Appointment of person other than sealer to make test. — The 
 mayor and aldermen of a city or the selectmen of a town may appoint 
 a suitable person, other than the sealer of weights and measures, to 
 test, prove and mark the measuring apparatus of land surveyors. 
 
 Sec. 5. Tests to be based on State standards. — The standards used for 
 such tests shall be based upon and shall correspond to the standards 
 furnished by the Commonwealth to sealers of weights and measures. 
 
 Sec. 6. Fees for testing. — The fees for such testing and proof of 
 each article of apparatus shall be twenty-five cents, and shall be 
 paid by the person presenting the apparatus for test. 
 
 Gen. laws, 1921, Vol. 2, ch. 253, p. 2629. 
 
 Sec. 63 (al795). Millers to keep scales, etc. — A miller occupying 
 and using a grist mill who neglects to provide himself with scales 
 and weights or a vibrating steelyard to weigh corn, grain and meal 
 to and from the mill, when required, or who refuses so to weigh corn, 
 grain or meal when required, shall for each offence forfeit to any 
 person who sues therefor not more than five dollars. 
 
 Gen. laws, 1921, Vol. 1, ch. 101, p. 975. 
 
 Sec. 1, as amended by Acts, 1923, ch. 102, p. 53. Transient vendor de- 
 fined. — "Transient vendor" for the purposes of this chapter shall 
 mean and include any person, either principal or agent, who engages 
 in a temporary or transient business in the Commonwealth, either 
 
MASSACHUSETTS 379 
 
 in one locality or in traveling from place to place selling goods, 
 wares or merchandise. 
 
 " Temporary or transient business " for the purposes of this 
 chapter shall mean and include any exhibition and sale of goods, 
 wares or merchandise which is carried on in any tent, booth, build- 
 ing or other structure, unless such place is open for business during 
 usual business hours for a period of at least nine months in each 
 year. 
 
 Sec. 2, as amended by Acts, 1923, ch. 102, p. 53. Limit of application of 
 chapter. — The provisions of this chapter relative to transient vendors 
 shall not apply to sales by commercial travelers or by selling agents 
 to dealers in the usual course of business, or to bona fide sales at 
 wholesale of goods, wares or merchandise by sample for future 
 delivery, or to sales of goods, wares or merchandise by any person, 
 whether principal or agent, who engages in temporary or transient 
 business in any town in which taxes have been assessed upon his 
 stock in trade during the current year, or to hawkers and peddlers as 
 defined in section thirteen, nor shall they affect the right of any 
 town to pass ordinances or by-laws authorized by law relative to 
 transient vendors. No transient vendor shall be relieved or ex- 
 empted from the provisions and requirements of this chapter rela- 
 tive to transient vendors by reason of associating himself tem- 
 porarily with any local dealer, trader or merchant, or by conduct- 
 ing such temporary or transient business in connection with or as 
 a part of the business of, or in the name of any local dealer, trader 
 or merchant. 
 
 Sec. 3 (al920). State license, deposit and fee. — Every person intend- 
 ing to become a transient vendor, whether as principal or agent, shall, 
 before commencing business in the Commonwealth, make written ap- 
 plication, under oath, for a State license to the director of standards, 
 in this chapter called the director, stating the names and residences 
 of the owners or parties in whose interest said business is to be con- 
 ducted, and shall make a special deposit of five hundred dollars with 
 the director or shall give a bond in the sum of five hundred dollars, 
 payable to the director and his successors, with sureties approved by 
 the director, conditioned upon (1) compliance with the provisions of 
 this chapter relative to transient vendors, (2) payment of all fines 
 or penalties incurred by him through violations of such provisions, 
 and (3) payment or satisfaction of any judgment obtained against 
 him in behalf of any creditor whose claim arises in connection with 
 the business done under the licensee's State license and who, before 
 the expiration of sixty days from the return or surrender of said 
 license or the filing of an affidavit of its loss, shall have given due 
 notice of his claim to the director. Thereupon, upon the payment 
 of a fee of twenty-five dollars, the director shall issue to him a State 
 license authorizing him to do business as a transient vendor. Such 
 license shall expire one year from the date thereof or on the day of 
 its surrender or of the filing of an affidavit of its loss, if it is earlier 
 surrendered or if such affidavit is earlier filed. Such license shall 
 contain a copy of the application therefor and of any statements 
 required under section seven, and shall not be transferable. It shall 
 not authorize more than one person to sell goods, wares or mer- 
 chandise as a transient vendor either by agent or clerk or in any 
 
380 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 other way than in his own proper person, but a licensee may have the 
 assistance of one or more persons in conducting his business who may 
 aid him but not act for or without him. 
 
 Sec. 4 (al919). Application for license to be filed. — The director shall 
 keep on file all applications for such licenses and a record of all 
 licenses issued thereon. All files and records of the director and of 
 the respective town clerks shall be in convenient form and open to 
 public inspection. 
 
 Sec. 5 (al920). Local license and fee. — Every transient vendor, before 
 making any sales of goods, wares or merchandise in a town, shall make 
 application to the aldermen or selectmen or other board authorized 
 to issue such licenses and, unless the fee therefor is fixed as herein- 
 after provided, shall file Avith them a true statement, under oath, of 
 the average quantity and value of the stock of goods, wares and mer- 
 chandise kept or intended to be kept or exposed by him for sale. 
 Said board shall submit such statement to the assessors of the town, 
 who after such examination and inquiry as they deem necessary, shall 
 determine such average quantity and value, and shall forthwith 
 transmit a certificate thereof to said board. Thereupon the board 
 shall authorize the town clerk, upon the payment by the applicant 
 of a fee equal to the taxes assessable in said town under the last pre- 
 ceding tax levy therein upon an amount of property of the same valu- 
 ation, to issue to him a license authorizing the sale of such goods, 
 wares and merchandise within the town. The board may, however, 
 authorize the issue of such license without the filing of said statement 
 as aforesaid, upon the payment of a license fee fixed by it. Upon 
 payment of such fee, said town clerk shall thereupon issue such 
 license, which shall remain in force so long as the licensee shall con- 
 tinuously keep and expose for sale in such town such stock of goods, 
 wares or merchandise, but not later than the first day of April fol- 
 lowing its date. Upon such payment and proof of payment of all 
 other license fees, if any, chargeable upon local sales, such town clerk 
 shall record the State license of such transient vendor in full, shall 
 endorse thereon " local license fees paid " and shall affix thereto his 
 official signature and the date of such endorsement. 
 
 Sec. 6. Penalty for neglect to file statement. — Any transient vendor 
 who neglects or refuses to file the statement described in the preced- 
 ing section, if required by the aldermen, selectmen or other like 
 board, or makes a false or fraudulent representation therein, shall be 
 punished by a fine of not less than five nor more than twenty dollars 
 for each day on which he keeps or exposes for sale any goods, wares 
 or merchandise. 
 
 Sec. 7. Bankrupt sales, etc., regulated. — No transient vendor shall 
 advertise, represent or hold forth any sale as an insurance, bankrupt, 
 insolvent, assignee's, trustee's, executor's, administrator's, receiver's, 
 wholesale, manufacturers' wholesale or closing-out sale, or as a sale 
 of any goods damaged by smoke, fire, water or otherwise or in any 
 similar form, without first making a sworn statement to the director, 
 either in the original application for a State license or in a supple- 
 mentary application, of all the facts relating to the reasons for and 
 character of such special sale so advertised or represented, and of 
 the names of the persons from whom the goods, wares or merchan- 
 dise were obtained, the date of delivery to the person applying for 
 
MASSACHUSETTS 381 
 
 or holding the license, the place from which said goods, wares or 
 merchandise were last taken, and all details necessary to exactly 
 locate and fully identify all such goods, wares or merchandise. 
 
 Sec. 8. Selling without license, etc., prohibited. — No transient vendor 
 shall sell or expose for sale, at public or private sale, any goods, 
 wares or merchandise without State and local licenses therefor, 
 properly endorsed, nor shall any person, either principal or agent, 
 advertise by circular, hand-bill, newspaper or in any other manner 
 any such unlicensed sales. No transient vendor shall file any appli- 
 cation, original or supplementary, containing any false statement. 
 
 Sec. 9 (al902). Penalty. — Violations of section seven or eight shall 
 be punished by a fine of not more than fifty dollars or by imprison- 
 ment for not more than two months, or both. 
 
 Sec. 10 (1890). Action for recovery of local license fee. — If a person 
 liable for the license fee required by section five refuses or neglects to 
 pay the same after demand by the clerk of the town in which he in- 
 tends to sell goods, wares and merchandise, the clerk may maintain an 
 action of contract therefor in his own name for the benefit of such 
 town. 
 
 Sec. 11 (al920). Return, surrender of license and filing certificate of 
 its loss. — Upon the expiration and return, or surrender before expira- 
 tion, of each State license, the director shall cancel the same, endorse 
 the date of return or surrender thereon, and place the same on file. 
 If a license is lost he may accept in lieu of the return or surrender 
 thereof an affidavit to that effect, which shall be so endorsed and 
 filed. He shall hold the special deposit of the licensee for sixty days 
 after the return or surrender of the license or the filing of such 
 affidavit and, after satisfying or making provision in accordance with 
 the following section for all claims made upon the same under said 
 section, shall return the surplus, if any, to said licensee; or, if said 
 licensee has given a bond in lieu of said deposit, the director shall, 
 after said sixty days and after all claims made under the following 
 section have been satisfied or settled, cancel said bond and notify 
 said licensee and the surety on said bond. 
 
 Sec. 12 (al919). Special deposit and bond attachable, when. — Each 
 deposit made with the director shall, during the term of the licensee's 
 license and for sixty days after the return or surrender thereof or the 
 filing of an affidavit of its loss, be subject to attachment and execution 
 in behalf of any creditor of the licensee whose claim arises in connec- 
 tion with the business done under his State license and who gives 
 notice of such claim to the director during such period, and the direc- 
 tor may be held to answer as trustee, under the trustee process, in any 
 civil action in contract or tort brought against said licensee for such 
 claim and shall pay over upon execution such amount of money as 
 he may be chargeable with upon his answer. Said deposit shall also 
 be subject to the payment of any fine or penalty imposed on the 
 licensee for violation of any provision of the eleven preceding sec- 
 tions; provided, that written notice of the name of said licensee 
 and of the amount of such fine or penalty is given during such period 
 to the director by the clerk of the court in which, or the trial justice 
 by whom, such fine or penalty was imposed. No payment of any 
 part of said deposit shall be made to the licensee unless so much 
 thereof is retained as is required to discharge all claims, fines and 
 
382 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 penalties of which notices have been given to the director as herein 
 provided and which remain undecided or unpaid. Upon the giving 
 of notice as herein provided, a bond given in lieu of such deposit may 
 be put in suit by any such creditor to recover the amount of such 
 claim or by any such clerk of court or trial justice to recover the 
 amount of such fine or penalty. If the licensee has made a deposit, 
 the director shall, until said deposit is exhausted, pay or make pro- 
 vision for the payment of all such claims, fines and penalties in the 
 order in which notices thereof were received by him. If the licensee 
 has given a bond, the order in which persons entitled to all such 
 claims, fines and penalties shall recover on the bond shall, until the 
 penal sum of the bond is exhausted, be determined by the order in 
 which notices thereof were received by the director. 
 
 Sec. 13 (al920). Definition of "hawker" and " peddler."— Except as 
 hereinafter expressly provided, the terms " hawker " and " peddler " as 
 used in this chapter shall mean and include any person, either princi- 
 pal or agent, who goes from town to town or from place to place in the 
 same town selling or bartering, or carrying for sale or barter or ex- 
 posing therefor, any goods, wares or merchandise, either on foot, on 
 or from any animal or vehicle. 
 
 Sec. 14. Hawker or peddler prohibited from selling, etc. — A hawker or 
 peddler who sells or barters or carries for sale or barter or exposes 
 therefor any goods, wares or merchandise, except as permitted by 
 this chapter, shall forfeit not more than two hundred dollars, to be 
 equally divided between the Commonwealth and the town in which 
 the offence was committed. 
 
 Sec. 15. Limit of application. — The provisions of this chapter relat- 
 ing to hawkers and peddlers shall not apply to wholesalers or jobbers 
 having a permanent place of business in the Commonwealth and sell- 
 ing to dealers only, nor to commercial agents or other persons selling 
 by sample, lists, catalogues or otherwise for future delivery, nor to 
 any person who peddles only fish obtained by his own labor or that of 
 his family, fruits, vegetables or other farm products raised or pro- 
 duced by himself or his family, nor to persons selling articles for 
 charitable purposes under section thirty-three. 
 
 Sec. 16 (al916). Selling of certain articles prohibited. — The sale by 
 hawkers or peddlers of jewelry, furs, wines, spirituous liquors and 
 playing cards is prohibited. 
 
 Sec. 17, as amended by Acts, 1923, ch. 285, p. 259. Selling of certain 
 articles permitted without a license, etc. — Hawkers and peddlers may 
 sell without a license books, newspapers, pamphlets, fuel except 
 coal and coke, provisions, yeast, ice, live animals, brooms, agricul- 
 tural implements, hand tools used in making boots and shoes, gas 
 or electric fixtures and appliances, flowering plants and all flowers, 
 fruits, nuts and berries that are uncultivated. The aldermen or 
 selectmen may by regulations, not inconsistent with this chapter, 
 regulate the sale or barter, and the carrying for sale or barter or 
 exposing therefor, by hawkers and peddlers, of said articles without 
 the payment of any fee; may in like manner require hawkers and 
 peddlers of fish, fruit and vegetables to be licensed except as other- 
 wise provided, and may make regulations governing the same, 
 provided that the license fee does not exceed that prescribed by 
 section twenty-two for a license embracing the same territorial 
 
MASSACHUSETTS 383 
 
 limits ; and may in like manner affix penalties for violations of such 
 regulations not to exceed the sum of twenty dollars for each such 
 violation. A hawker and peddler of fish, fruit and vegetables 
 licensed under this section need not be licensed under section twenty- 
 two. 
 
 Sec. 18 (al920). Prohibition of sale without license. — Articles other 
 than those the sale of which is licensed, or permitted without a license, 
 under the preceding section, and not prohibited by section sixteen, 
 shall not be sold by hawkers or peddlers unless duly licensed as here- 
 inafter provided. 
 
 Sec. 19. Regulation of trade of bootblack and sales by minors. — The 
 aldermen or selectmen may make regulations consistent with the 
 general laws relative to the exercise of the trade of bootblacking 
 by minors, and to the sale or barter by minors of any goods, wares or 
 merchandise the sale of which is permitted without a license by 
 section seventeen, and may prohibit such trade or such sales, or may 
 require a minor to obtain from them a permit therefor to be issued 
 on terms and conditions prescribed in such regulations: Provided, 
 That in the case of girls under the age of eighteen years and of 
 boys under the age of sixteen years the foregoing powers in cities 
 shall be vested in and exercised by the school committee. No permit 
 issued to a minor under this section nor badge issued to him under 
 sections sixty-nine to seventy-three, inclusive, of chapter one hun- 
 dred and forty-nine shall authorize the sale by a minor of any 
 article, other than those enumerated in section seventeen. A minor 
 who sells such article or exercises such trade without a permit, if 
 one is required, or who violates the conditions of his permit or 
 any provision of said regulations, shall be punished by a fine of 
 not more than ten dollars. 
 
 Sec. 20. No person to permit or aid minor in violating certain pro- 
 visions. — No person, having a minor under his control, shall know- 
 ingly permit him to violate any provision of section nineteen, nor 
 shall any person procure or employ a minor to commit any such 
 violation, nor shall any person, either for himself or as agent of any 
 other person, furnish or sell to a minor any article the sale of which 
 is permitted without a license by section seventeen, with knowledge 
 that he intends to sell it in violation of section nineteen, or after 
 having received written notice to that effect from the school com- 
 mittee or any officer charged with the enforcement of said section 
 nineteen. Violation of this section shall be punished by a fine of 
 not more than two hundred dollars or by imprisonment for not 
 more than six months. 
 
 Sec. 21. No person to permit or aid minor in violating certain other 
 provisions. — Whoever employs a minor in, or, having the care or 
 custody of a minor, permits him to engage in, hawking or peddling 
 without a permit or license, if one is required, or, for himself or as 
 agent of any other person, furnishes or sells to a minor any article 
 with knowledge that he intends to sell such article in violation of 
 the provisions of this chapter relative to hawkers and peddlers, shall 
 be punished by a fine of not more than two hundred dollars, to be 
 equally divided between the Commonwealth and the town in which 
 the offense was committed, or by imprisonment for not more than 
 six months. 
 
 517—26 25 
 
384 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 22. Hawkers' and peddlers' licenses. — The director may grant a 
 license to go about carrying for sale or barter, exposing therefor and 
 selling or bartering any goods, wares or merchandise, the sale of 
 which is not prohibited by section sixteen, to any person who files in 
 his office a certificate signed by the mayor or by a majority of the 
 selectmen, stating that to the best of his or their knowledge and 
 belief the applicant therein named is of good repute as to morals 
 and integrity, and is, or has declared his intention to become, a 
 citizen of the United States. The mayor or selectmen, before grant- 
 ing such certificate, shall require the applicant to make oath that 
 he is the person named therein, and that he is, or has declared his 
 intention to become, a citizen of the United States. The oath shall 
 be certified by an officer duly qualified to administer oaths and shall 
 accompany the certificate. The director shall cause to be inserted 
 in every such license the amount of the license fee and the name of 
 the toAvn for which it is issued. The licensee may go about carrying 
 for sale or barter, exposing therefor and selling or bartering in an}* 
 town mentioned in his license any fish, fruits, vegetables or other 
 goods, wares or merchandise, not prohibited in section sixteen, upon 
 payment to the director of the following fees : For each town con- 
 taining not more than one thousand inhabitants, according to the 
 then latest census, State or national, four dollars ; for each town con- 
 taining more than one thousand and not more than two thousand 
 inhabitants, seven dollars; for each town containing more than 
 two thousand and not more than three thousand inhabitants, nine 
 dollars; for each town containing more than three thousand and not 
 more than four thousand inhabitants, eleven dollars; and for each 
 city and each other town, eleven dollars, and one dollar for every 
 one thousand inhabitants thereof over four thousand; but the fee 
 shall in no case exceed twenty-six dollars, and the amount paid shall 
 be certified on the face of the license. The director shall retain one 
 dollar for every city and town named in each of the above described 
 licenses, and shall pay over to the respective cities and towns at 
 least semiannually the balance of said fees so received. The director 
 may grant, as aforesaid, special State licenses upon payment by the 
 applicant of fifty dollars for each license; and the licensee may go 
 about carrying for sale or barter, exposing therefor and selling or 
 bartering in any city or town in the Commonwealth any fish, fruits, 
 vegetables, or other goods, wares or merchandise, the sale of which 
 is not prohibited by statute. 
 
 Sec. 23. County licenses.— The director may also grant as aforesaid 
 special county licenses for each county mentioned therein; and the 
 licensee may go about carrying for sale or barter, exposing therefor 
 and selling or bartering within such county any goods, wares or 
 merchandise manufactured by himself or by his employer and not pro- 
 hibited by section sixteen, upon paying to the director the amounts 
 following: For Suffolk, Essex, Middlesex and Worcester, each, five 
 dollars; for Norfolk, Plymouth, Bristol, Berkshire and Hampden, 
 each, four dollars; for Franklin, Hampshire and Barnstable, each, 
 three dollars; and for Dukes County and Nantucket, each, two dol- 
 lars. The license shall describe the manufactured articles to be sold or 
 bartered under it and shall not authorize the sale or barter of any other 
 article by the licensee. The director shall retain one dollar for every 
 
MASSACHUSETTS 385 
 
 county named in each of the above described licenses, and shall pay 
 over to the treasurers of the respective counties at least semi-annu- 
 ally the balance of said fees so received. 
 
 Sec. 24 (1919). License to veterans without fees. — The director may 
 grant without fee, on proof of identity, a special State or county 
 license to act as hawker or peddler, subject otherwise to this chapter, 
 to any soldier or sailor resident in the Commonwealth who served in 
 the Army or Navy of the United States during the World War and 
 received an honorable discharge or a release therefrom, and who is 
 wholly or partly disabled by reason of wounds or injury received, 
 or disease contracted, during such service. 
 
 Sec. 25 (al919). Transfer of licenses. — A license granted under sec- 
 tion twenty-two may be transferred by the director, upon application 
 therefor and upon evidence furnished by the applicant like that re- 
 quired for granting a license. The transferee shall thereafter be 
 liable in all respects as if he were the original licensee, and no per- 
 son shall thereafter sell under such license except the person named 
 in such transfer. 
 
 Sec. 26 (al920). Records, etc., of licenses to hawkers and peddlers. — 
 The director shall keep a record of all licenses to hawkers and ped- 
 dlers granted by him, with the number of each, the name and residence 
 of the licensee,' and the counties, cities and towns, if any, mentioned 
 therein, and of all transfers of licenses; and all such records shall 
 be open to public inspection. The provisions of this chapter relating 
 to hawkers and peddlers, or a synopsis thereof, shall be printed on 
 every such license. All such licenses shall bear the date of their 
 issue and shall continue in force for one year from that date. 
 
 Sec. 27 (al919). Endorsing license, production thereof and use of 
 badges, etc. — Every person licensed as a hawker or peddler shall 
 endorse his usual signature upon his license. He shall produce his 
 license for inspection whenever demanded hy a mayor, alderman, 
 selectman, director or inspector of standards, sealer of weights and 
 measures, city or town treasurer or clerk, constable, police officer or 
 justice of the peace; and if he fails so to do, he shall be subject to the 
 same penalty as if he had no license. The director shall, at the ex- 
 pense of the licensee, provide a badge for each foot peddler and plates 
 or tags for each pack, parcel or vehicle used in hawking or peddling. 
 Such badges, plates or tags shall bear the number of the license, the 
 word " peddler," and such other information as the director may deem 
 necessary. Each foot peddler shall wear his badge in a conspicuous 
 place. Each wagon or other vehicle shall bear the name of the 
 licensee plainly inscribed or painted on the body of the vehicle, and 
 shall also have attached to the front or side of the vehicle, in a place 
 where it may readily and plainly be seen, the plate or tag provided 
 by the director with the license number attached thereto. 
 
 Sec. 28 (al916). Effect of licenses on prosecution. — No license issued 
 to a hawker or peddler shall defeat or bar a prosecution against the 
 licensee, if it is proved that he sold or bartered, carried for sale or 
 barter or exposed therefor, any articles, except such as are permitted 
 without a license by section seventeen, in a place in which he was not 
 licensed to sell. 
 
 Sec. 29 (1852). Peddlers, etc., licensed as auctioneers. — No hawker or 
 peddler, holding an auctioneer's liiense, shall sell or expose for sale 
 by public auction any goods, wares or merchandise in any town other 
 
386 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 than that from whose authorities such license was obtained, nor 
 in any place in such town not expressly described therein. 
 
 Sec. 30, as amended by Acts, 1923, ch. 154, p. 147. Revocation of 
 licenses. — Any license granted by the director to a hawker or peddler 
 may be revoked by him upon conviction of the licensee of any crime 
 which in the judgment of the director warrants such revocation, or 
 upon the submission to the director of evidence satisfactory to him 
 that the licensee has, during the term of the license, accepted or 
 solicited money otherwise than through the bona fide sale or barter 
 of goods, wares or merchandise or has in any manner during said 
 term begged or solicited alms from the public. Whenever any person 
 is convicted of a violation of any provision of this chapter, relative 
 to hawkers and peddlers, or a person holding such a license is con- 
 victed of any crime, the clerk of the court in which, or the trial 
 justice by whom, such person was convicted shall notify the director. 
 
 Sec. 31 (al920). Counterfeiting licenses, etc. — Whoever counterfeits 
 or forges a license, or has a counterfeited or forged license in his pos- 
 session with intent to utter or use the same as true, knowing it to be 
 false or counterfeit, or attempts to sell under a license which has ex- 
 pired or has been revoked or cancelled, or which has not been issued or 
 transferred to him, or has in his possession another's license with in- 
 tent to use the same, shall be punished by a fine of not more than one 
 thousand dollars. 
 
 Sec. 32 (al919). Prosecutors. — The director and inspectors of stand- 
 ards and, within their respective towns, sealers or deputy sealers of 
 weights and measures, constables and police officers shall arrest and 
 prosecute every hawker and peddler, and transient vendor, whom they 
 may have reason to believe guilty of violating any provision of this 
 chapter. 
 
 Sec. 33 (1918). Temporary licenses to sell articles for charitable 
 purposes. — The overseers of the poor in any city or the selectmen in 
 any town may, under such conditions as they may deem proper, grant 
 to any organization engaged exclusively in charitable work a special 
 license authorizing it, upon a particular day and for a charitable pur- 
 pose named in such license, to sell, through its accredited agents in the 
 streets and other public places within such city or town, or in any 
 designated part thereof, flags, badges, medals, buttons, flowers, sou- 
 venirs and similar small articles: Provided, That no person under 
 sixteen years of age shall be accredited as such agent, that each agent 
 shall wear in plain sight while engaged in selling such articles a 
 badge, provided by such organization and approved by the authority 
 issuing the license, bearing upon it the name of such organization 
 and the date on which the license is to be exercised, and that no such 
 agent shall be authorized to make or attempt to make such sales 
 in front of any private premises against the objection of the owner 
 or occupant thereof. The exercise of the licenses hereby provided 
 for shall be subject to the provisions of all statutes, ordinances, by- 
 laws, rules and regulations not inconsistent herewith. 
 Gen. Laws, 1921, Vol. 1, ch. 99, p. 971. 
 
 Sec. 1 (al919). Metric system authorized. — The weights and meas- 
 ures of the metric system may be employed and used in the Common- 
 wealth, and no contract or dealing shall be deemed invalid and no 
 pleading in any court shall be open to objection because the weights 
 
' MASSACHUSETTS 387 
 
 or measures are stated therein in terms of the metric system: Pro- 
 vided, That the carat weight of two hundred milligrams, and its mul- 
 tiples and subdivisions, shall be the sole legal standard for the buy- 
 ing and selling of diamonds and other precious stones. The metric 
 weights and measures received from the United States and now in 
 the custody of the director of standards may be used as authoi'ized 
 standards, and shall in no case be removed from his custody except 
 when necessary for their preservation or repair. 
 
 Sec. 2 (1887). Tables of measurements. — The following tables shall 
 be recognized in the construction of contracts and in legal proceed- 
 ings as establishing in terms of the metric system the equivalents of 
 the other weights and measures expressed therein and may also be 
 used for computing, determining and expressing in customary 
 weights and measures the weights and measures of the metric system. 3 
 4: % •% % # * % 
 
 Sec. 3 (al919). Duties of director of standards and town treasurers. — 
 The duties of the director of standards and the duties and responsi- 
 bilities of the treasurer of each town, with respect to the keeping, 
 care, verification and use of the standard weights and measures of 
 the metric system, shall be the same as those established by law with 
 respect to other standard weights and measures. 
 
 Sec. 4. Sealing of metric weights and measures. — The director of 
 standards may verify, adjust and seal all metric weights and measures 
 brought to him for that purpose. The sealer of weights and meas- 
 ures in each town which has received the standard metric weights and 
 measures shall verify, adjust and seal all metric weights and meas- 
 ures brought to him for that purpose from within the county in 
 which such town is situated, and he shall receive a reasonable com- 
 pensation therefor; but he shall claim no fees for any sealing, veri- 
 fication or adjustment for the performance of which he may other- 
 wise receive compensation by salary paid hy the town. 
 
 Sec. 5 (1877). Duties of persons using metric system. — Every person 
 who uses weights or measures of the metric system for the purpose 
 of selling any goods, wares, merchandise or other commodities shall 
 have them adjusted, sealed and recorded by a*n authorized sealer of 
 weights and measures, and shall thereafter be responsible for the 
 correctness and exactness of the same; and every person who illegally 
 or fraudulently uses the metric weights or measures shall be liable to 
 the same penalty to which he would have been liable if he had used 
 other weights and measures. 
 
 Gen. Laws, 1921, Vol. 1, ch. 94, p. 880. 
 
 Sec. 25 (al920). Regulating the use of utensils for testing milk and 
 cream. — No bottle, pipette or other measuring glass or utensil shall 
 be used by any inspector of milk, or by any person in any milk 
 inspection laboratory, in determining, by the Babcock or other cen- 
 trifugal machine, the composition of milk or cream for the purposes 
 of inspection, or by any person in anj place in determining, by the 
 Babcock or other centrifugal machine, the composition or value of 
 milk or cream as a basis for payment in buying or selling, until 
 such measuring glass or utensil has been tested for accuracy and 
 
 3 Here follow the conversion tables as adopted by Congress. See United State* 
 Laws, p. 8, 
 
388 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 verified by the director, or by his duly designated deputy. Each 
 such bottle, pipette or other measuring glass or utensil shall be 
 submitted to the said director by the owner or user thereof, to be 
 tested for accuracy, before the same is used for such purposes. As a 
 fee for making the test, the owner or user shall pay to. the said 
 director a sum not exceeding five cents for each bottle, pipette, or 
 other measuring glass or utensil tested. Each measuring glass or 
 utensil so tested and verified or found inaccurate shall be marked 
 accordingly by the director or by his said deputy. No such meas- 
 uring glass or utensil so marked inaccurate shall be used in deter- 
 minint>; the composition or value of milk or cream. 
 
 Sec. 26 (al912). Inspection by the director of the Massachusetts 
 Experiment Station; certificates for inspection to be issued by the 
 director. — Each Babcock or other centrifugal machine used by an 
 inspector of milk or by a person in a milk inspection laboratory for 
 determining the composition of milk or cream for purposes of in- 
 spection, or by a person in any place, for determining the composi- 
 tion or value of milk or cream as a basis for payment in buying or 
 selling, shall be inspected at least once in each year by the director 
 or by his inspector or deputy. The owner or user of any such cen- 
 trifugal machine shall pay to the director as a fee for making each 
 such annual inspection the actual cost thereof. 
 
 Each Babcock or other centrifugal machine used as aforesaid 
 which, in the opinion of the director, his inspector or deputy is not 
 in condition to give accurate results, may be condemned by him. 
 No Babcock or other centrifugal machine so condemned shall be 
 used for determining the composition or value of milk or cream as 
 aforesaid, unless such machine is corrected to the satisfaction of 
 the director, his inspector or deputy, and approved by him. 
 
 Gen. Laws, 1921, Vol. 1, ch. 25, p. 96. 
 
 Sec. 13 (al916). Inspectors, appointment, duties, etc. — The commis- 
 sion * shall appoint an inspector and one or more assistant inspectors 
 of gas and gas meters for such terms of office as it may deem proper. 
 Such inspectors shall be sworn to the faithful performance of their 
 official duties and they and the deputy inspectors provided for in the 
 following section shall not be pecuniarily interested, directly or in- 
 directly, in the manufacture or sale of gas, or gas meters, or of any 
 other article or commodity used by gas companies or used for any 
 purpose connected with the consumption of gas or with gas com- 
 panies, and they shall not give certificates or written opinions to 
 makers or vendors of any such articles or commodities. 
 
 Gen. Laws, 1921, Vol. 2, ch. 164, p. 1804. 
 
 Sec. 103 (al914). Powers and duties of inspectors. — The inspector and 
 assistant inspectors of gas and gas meters appointed under section 
 thirteen of chapter twenty-five, subject to rules and regulations pre- 
 scribed by the department, shall make the inspections of gas required 
 by section one hundred and nine 5 and inspect, examine, ascertain and 
 prove the accuracy of all meters which are to be used for measuring 
 illuminating gas and which are to be furnished to, or for the use of, 
 
 4 The department of public. utilities is under the supervision and control of a comniis ; 
 sion of five members. 
 
 5 Sec. 109 relates to standard of purity. 
 
MASSACHUSETTS 389 
 
 any consumer or company, and shall seal, stamp or mark every such 
 meter, if it be found correct, with some suitable device to be deter- 
 mined by the department and recorded in the office of the State 
 secretary. A meter shall not be stamped correct if it varies more 
 than two per cent from the standard. The department shall keep a 
 correct record of all meters examined by said inspectors with their 
 proof at the time of examination, which shall be open at all times 
 for examination by the officers of any gas company in the Common- 
 wealth. The inspectors shall also perform such other duties and 
 make such reports of their doings as the department may require. 
 
 Sec. 104 (al920). Fees for testing gas meters. — For examining, com- 
 paring and testing gas meters, with or without stamping them, the 
 department may collect a fee of twenty-five cents for each meter 
 delivering not more than a cubic foot of gas in four revolutions, 
 vibrations or complete rej^etitions of its action, and for each meter 
 so delivering more than a cubic foot, a fee of thirty cents, with 
 twenty cents added for every additional cubic foot so delivered. For 
 examining, comparing, testing or calibrating meter provers and test 
 of photometer meters, with or without sealing or certifying to the 
 same, the department may collect such fees as it may from time to 
 time prescribe. The department shall designate one of its employees 
 to receive all fees collected under this section and section one hundred 
 and twenty, and he shall give bond to the State treasurer in the sum 
 of five thousand dollars. 
 
 Sec. 108 (1916). Companies to provide calorimeter. — Every gas com- 
 pany or municipal lighting plant which distributes and sells to its 
 consumers over fifteen million cubic feet of gas in a year shall, when 
 required by the department, provide and maintain a suitable room 
 not less than a quarter of a mile from the gas works with a calori- 
 meter of a type and construction approved by the department, which 
 shall be open at all reasonable times to the inspector and assistant 
 inspectors of gas. 
 
 Sec. Ill (al918). Unit of measure for sale of gas. — The unit of 
 measure for the sale of gas by meter shall be the cubic foot, con- 
 taining sixty-two and two thousand nine hundred and ninety-three 
 ten thousandths pounds avoirdupois weight of air-free distilled water 
 at sixty degrees Fahrenheit Avhen weighed in dry air at the same 
 temperature and at a barometric pressure of thirty inches of mer- 
 cury. 
 
 Sec. 112 (al914). Companies, etc., to provide meter provers.— Every 
 gas company with a capital paid in of one hundred thousand 
 dollars or more, and every other gas company, if required by the de- 
 partment, and all makers and vendors of meters shall set up at some 
 convenient place upon their premises one or more meter provers of 
 a size and type approved, tested and calibrated by the department, 
 by means of which meters may be tested. 
 
 Sec. 113. Penalty for using meters not tested. — A gas company pro- 
 viding a meter for measuring gas supplied to a customer which, if 
 never before used, has not been duly sealed and stamped, or, if 
 opened after being sealed and stamped, has not been again tested, 
 sealed and stamped, shall be punished by a fine of five dollars for 
 every such meter in use, payable to the city or town where the meter 
 is situated, 
 
391) LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 114. Testing gas meters in nse. — Meters in use shall be tested by 
 the inspector or by one of his assistants or by a deputy, on the request 
 of the consumer or of the gas company, in the presence of the con- 
 sumer if desired, and with sealed apparatus. If he finds that the 
 meter is correct, the person requesting the inspection shall pay the 
 fees for such inspection and the expense of removing the meter for 
 the purpose of being tested, and the reinspection shall be stamped 
 on the meter. If he finds that the meter is incorrect, the gas com- 
 pany shall pay such expenses and shall furnish a new meter without 
 charge to the consumer. 
 
 Sec. 115. Gas meters to register plainly. — Meters for measuring gas 
 supplied to consumers shall register the quantity of gas passing 
 through them in cubic feet so that the number of cubic feet of gas 
 consumed may be easily ascertained by the consumer thereof. No 
 meter shall be used which may confuse or deceive the consumer in 
 ascertaining the price he pays per thousand cubic feet or the number 
 of cubic feet consumed. 
 
 Sec. 117. Customer to be given meter reading. — When a gas or elec- 
 tric meter in a building owned or used by a customer of a gas or 
 electric company is read by an employee or agent of such company, 
 he shall, upon request, deliver to the person using the gas or elec- 
 tricity measured by the meter a written statement of the amount 
 recorded by the meter at that time. 
 
 Sec. 118. Electric meters to register plainly. — Meters for measuring 
 electricity for lighting purposes supplied to consumers shall register 
 the quantity of electricity passing through them in kilowatt hours, 
 so that the number of kilowatt hours consumed may easily be ascer- 
 tained by the consumer. 
 
 Sec. 120. Testing electric meters in use. — A customer of a corpora- 
 tion subject to this chapter, or such corporation, may apply to the 
 department for an examination and test of any electric meter, de- 
 mand indicator, so called, and any other device or appliance in- 
 stalled by such corporation upon a customer's premises and used by 
 such corporation to determine the charge to the customer for its 
 service. The department shall forthwith cause such examination 
 and test as in its judgment is practicable and reasonable to be made 
 by a competent and disinterested person, and shall furnish to the 
 corporation and to the customer a certificate of the result and 
 expense thereof. If, upon such examination and test, it appears 
 that the appliance does not register correctly, the department may 
 order the corporation to correct or remove such meter, demand 
 indicator or other device or appliance and to substitute a correct 
 meter, demand indicator or other device or appliance therefor. All 
 fees for examinations and tests shall in the first instance be paid 
 by the person or corporation making application therefor; but if 
 the examination or test is made at the request of a customer, and 
 the meter is found to be incorrect because too fast, the corporation 
 shall pay such fees to the department, to be repaid by it to the 
 applicant. A meter shall be deemed correct for the purposes of 
 this section if it appears from such examination or test that it does 
 not vary more than five per cent from the standard approved by 
 the department. This section shall not authorize or prohibit differ- 
 ential prices for electricity supplied by any such company, 
 
MASSACHUSETTS 391 
 
 Sec. 121. Inspection of electric meters, expense and registration 
 thereof. — The person designated to make such examination and test 
 may at any reasonable time enter upon the premises where the meter 
 to be inspected is placed for the purpose of making the inspection. 
 He shall receive such compensation for his services as the depart- 
 ment may determine, together with his necessary travelling and 
 other expenses, which shall be audited by the department and paid 
 by the Commonwealth; but the total amount of compensation and 
 expenses shall not exceed three thousand dollars in any year; and 
 if the total amount of such compensation and expenses shall in 
 any year exceed the amount of the fees received for such examina- 
 tions and tests, the excess shall be assessed and recovered from the 
 electric companies in the manner now provided for the assessment 
 and recovery of the other expenses of the department. The depart- 
 ment may establish such rules and regulations, fix such standards, 
 prescribe such fees, and employ such means and methods in, and in 
 connection with, such examinations and tests of electric meters as 
 it deems most practicable, expedient and economical. The depart- 
 ment ma}' purchase such materials, apparatus, and standard meas- 
 uring instruments for such examinations and tests as it deems 
 necessary. 
 
 Sec. 122. Penalty for use of incorrect electric meter, etc. — Whoever, 
 being engaged in the sale of electricity, maintains upon the premises 
 of a customer for the purpose of determining the charge to be made 
 for electricity supplied to him a meter, demand indicator or other 
 mechanical device or appliance which is found upon examination 
 and test, as provided in section one hundred and twenty, to register 
 incorrectly as against such customer, shall refund to him such an 
 amount as, if not agreed upon, shall, upon application of the customer 
 and after opportunity given to the vendor to be heard, be determined 
 by the department. 
 
MICHIGAN 
 
 Acts, 1921, Act. 13, p. 17. 
 
 Sec. 2. — The State department of agriculture shall exercise the 
 powers and perform the duties now vested by law in the department 
 of animal industry, the State food and drug commissioner. * * * 
 
 Comp. Laws, 1915, Vol. 2, ch. 120, p. 2307. 
 
 Sec. 6234 (1913). State standards. — The weights and measures 
 received from the United States under a resolution of Congress 
 approved June fourteen, eighteen hundred thirty-six, and such new- 
 weights and measures as shall be received from the United States 
 as standard weights and measures in addition thereto or in renewal 
 thereof, and such as shall be supplied by the State in conformity 
 therewith and certified by the National Bureau of Standards, shall 
 be the State standards, by which all county and municipal standards 
 of weights and measures shall be tried, proved and sealed. 
 
 Sec. 6235. Superintendent of weights and measures. — The State dairy 
 and food commissioner by virtue of his office shall be State super- 
 intendent of weights and measures during his term of office. His 
 deputy shall be deputy superintendent of weights and measures and 
 all inspectors appointed by the dairy and food commissioner shall 
 be State inspectors and sealers of weights and measures. 
 
 Sec. 6236. Duties of; annual test; report to governor; inspections. — 
 The superintendent of weights and measures shall take charge of 
 the standards adopted by this article as the standards of the State, 
 and cause them to be kept in a safe and suitable place in the office 
 of the superintendent from which they shall not be removed except 
 for repairs or for certification and he shall take all other necessary 
 precautions for their safe keeping. He shall maintain the State 
 standards in good order and shall submit them at least once in ten 
 years to the National Bureau of Standards for certification. He 
 shall at least once in five years try and prove by the State stand- 
 ards all weights, measures and other apparatus which may belong 
 to any county or city, and shall seal such when found to be accu- 
 rate stamping on them the letter " C " and the last two figures of 
 the year with seals which he shall have and keep for that purpose. 
 He shall have and keep a general supervision of the weights, meas- 
 ures and weighing and measuring devices offered for sale, sold, or 
 in use in the State. He shall, upon the written request of any citi- 
 zen, firm, corporation or educational institution in the State test or 
 calibrate weights, measures, weighing or measuring devices, and 
 instruments or apparatus used as standards in the State. He, or his 
 deputy, or inspectors, by his direction, shall at least once annually 
 test all scales, weights, and measures used in checking the receipts 
 and disbursements of supplies in every institution for the main- 
 tenance of which moneys are appropriated by the legislature, and 
 he shall report in writing his finding to the supervisory board and 
 
 392 
 
MICHIGAN 393 
 
 to the executive officer of the institution. concerned, and at the request 
 of such board or executive officer the superintendent of weights 
 and measures shall appoint in writing one or more employes then 
 in the actual service of each institution, who shall act as special 
 deputies without extra compensation for the purpose of checking 
 the receipts and disbursements of supplies. He shall keep a com- 
 plete record of standards, balances and other apparatus belonging 
 to the State and take a receipt for same from his successor in office. 
 He shall annually on the first day of July make to the governor a 
 report of the work done by his office. The State superintendent 
 or his deputy, or inspectors, at his direction, shall inspect all stand- 
 ards and apparatus used by the counties and cities at least once in 
 five years and shall keep a record of the same. He, or his deputy, 
 or inspectors, at his direction shall at least once in five years visit 
 the various cities and counties of the State in order to, inspect the 
 work of the local sealers, and in the performance of such duties, 
 he may inspect the weights, measures, balances, or any other weigh- 
 ing appliance of any citizen, firm, or corporation, and shall have 
 the same power as the local sealer of weights and measures. The 
 superintendent shall issue from time to time, regulations for the 
 guidance of city and county sealers, and the said regulations shall 
 govern the procedure to be followed by the aforesaid officers in the 
 discharge of their duties. 
 
 Sec. 6237. Supervisors, etc., to appoint sealer. — The board of super- 
 visors of each county and the commissioner or common council of 
 each city who may in their discretion appoint a sealer under this 
 act, shall procure at the expense of the county or city, and shall 
 keep at all times, a complete set of weights and measures and other 
 apparatus of such material and construction as said superintendent 
 of weights and measures may direct. All such weights, measures, 
 and other apparatus having been tried and accurately proven by 
 him, shall be sealed and certified to by the State superintendent as 
 hereinbefore provided; and shall be then deposited with and pre- 
 served by the county or city sealer as public standards for such 
 county or city. 
 
 Sec. 6238. County sealer: salary; annual report; bond; proviso. — The 
 board of supervisors of each county may in its discretion appoint a 
 county sealer of weights and measures in each county for a term of 
 two years. He shall be paid a salary to be determined by said board, 
 and no fee shall be charged by him or by the county for the inspec- 
 tion, testing, or sealing of weights, measures, or weighing or measur- 
 ing devices; where not otherwise provided by law, the county sealer 
 shall have the power within his county, and the State superintend- 
 ent, his deputies and inspectors, within the State, to inspect, test, try, 
 and ascertain if they are correct, all weights, scales, beams, measures 
 of every kind, instruments or mechanical devices for measuring and 
 tools, appliances and accessories connected with any and all such 
 instruments or measures kept, offered, or exposed for sale, sold or 
 used or employed within the county by any proprietor, agent, lessee, 
 or employe in proving the size, quantity, extent, area, or measure- 
 ment of quantities, things, produce, articles for distribution or corn- 
 sumption offered or submitted by such person or persons for sale, 
 hire, or award ; and they shall have the power to and shall from time 
 
394 LAWS CONCERNING WEIGHTS AND' MEASURES 
 
 to time weigh or measure packages or amounts of commodities of 
 whatsoever kind kept for the purpose of sale, offered for sale, or 
 sold/or in the process of delivery, in order to determine whether the 
 same contains the amount represented, and whether they be offered 
 for sale or sold in a manner in accordance with law. The county 
 sealer shall at least once each year, and as much oftener as he may 
 deem necessary, see that the weights, measures, and all apparatus used 
 in the county are correct. The county and State inspectors may for 
 the purpose above mentioned and in the general performance of their 
 official duties enter or go in upon, and without formal warrant, any 
 stand, place, building, or premises, or stop any vendor, peddler, 
 junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer 
 whatsoever and require him, if necessary, to proceed to some place 
 which the sealer may specify, for the purpose of making the proper 
 tests. Whenever the county sealer or State inspectors find a viola- 
 tion of the statute relating to weights and measures, they shall cause 
 the violator to be prosecuted. Whenever any sealer or inspector com- 
 pares weights, measures, or weighing and measuring instruments 
 and finds that they correspond, or causes them to correspond, with 
 the standards in his possession, he shall seal or mark such weights, 
 measures, or weighing or measuring instruments with appropriate 
 devices to be approved by the State superintendent of weights and 
 measures. The county sealer shall keep a complete record of all 
 of his official acts and shall make an annual report to the board 
 of supervisors and an annual report duly sworn to on the first day 
 of July to the State superintendent of weights and measures on 
 blanks to be furnished by the superintendent. The county sealer 
 of weights and measures shall forthwith on his appointment give a 
 bond in the penal sum of one thousand dollars, with sureties to 
 be approved by the appointing power for the faithful performance 
 of the duties of his office : Provided, however, That nothing in the 
 above shall be construed to prevent two or more counties from com- 
 bining the whole or any part of their districts as may be agreed 
 upon by the board of supervisors with one set of standards and 
 cue Sealer, upon the written consent of the State superintendent 
 of weights and measures. A county sealer appointed in pursuance 
 of such an agreement for such combination, shall, subject to the 
 terms of his appointment, have the same authority, jurisdiction, and 
 duties as if he had been appointed by each of the authorities who 
 are party to the agreement. 
 
 Sec. 6239. City sealer; proviso. — Any incorporated cit}' in this State 
 may in its discretion appoint a city sealer of weights and measures 
 under this act. He shall be appointed by the mayor, by and with 
 the advice and consent of the common council. He shall perforin 
 in said city the duties and have like powers as the county sealer in 
 the county. In those cities in which no sealer is appointed as above, 
 the county sealer of the county, if there be one, shall perform in 
 said cities the duties and have like powers as in the county : Provided, 
 however, That nothing in the above shall be construed to prevent, any 
 county and a city situated therein from combining the whole or any 
 part of their districts as may be agreed upon with one sealer, subject 
 to the written approval of the State superintendent of weights and 
 measures. A sealer appointed in pursuance of an agreement for 
 
MICHIGAN 395 
 
 such combination shall, subject to the terms of his appointment, have 
 the same authority, jurisdiction, and duties as if had been appointed 
 by each of the authorities who are parties to the agreement. 
 
 Sec. 6240, as amended by Acts, 1923, Act 24, p. 44. False measures, 
 etc., sale, etc., of, misdemeanor; penalty. — Any person who shall offer 
 or expose for sale, sell, or use or retain in his possession, a false 
 weight or measure or weighing or measuring device or any weight 
 or measure or weighing or measuring device in the buying or selling 
 of any commodity or thing or for hire or reward ; or who shall dis- 
 pose of any condemned weight, measure or weighing or measuring 
 device contrary to law or remove any tags placed thereon by the 
 sealer of weights and measures; or any person who 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 any person 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 be 
 guilty of a misdemeanor, and shall be punished by a fine of not 
 less than twenty dollars nor more than one hundred dollars or by 
 imprisonment for not more than three months or by both such fine 
 and imprisonment upon first conviction; but upon a second or sub- 
 sequent conviction he shall be punished by a fine of not less than 
 fifty dollars nor more than five hundred dollars or by imprison- 
 ment in the county jail for not more than one year or by both such 
 fine and imprisonment. 
 
 Sec. 6241. May seize false weight, etc. — The superintendent of 
 weights and measures, his deputy, inspectors, and the county and 
 city sealers of weights and measures are hereby made special police- 
 men, and are authorized to seize, for use as evidence and without 
 formal warrant any false or unsealed weight, measure or weighing or 
 measuring device or package or amounts of commodities, found to be 
 used, retained or offered or exposed for sale or sold in violation of 
 law. 
 
 Sec. 6242. Hindering, etc.; penalty. — Any person who shall hinder 
 or obstruct in any way, the superintendent of weights and measures, 
 his deputy, or inspectors, or any county or city sealer, in the per- 
 formance of his official duties shall be guilty of a misdemeanor, and 
 shall be punished upon conviction thereof, in any court of com- 
 petent jurisdiction, by a fine of not less than two nor more than 
 two hundred dollars, or by imprisonment in the county jail for not 
 more than ninety days or by both such fine and imprisonment. 
 
 Sec. 6243. "Unlawful to impersonate. — Any person who shall imper- 
 sonate in any way the superintendent of weights and measures, his 
 deputies, inspectors or any county or city sealer, by use of his seal 
 or otherwise, shall be quilty of a misdemeanor and shall be punished 
 by a fine of not less than one hundred dollars nor more than five 
 hundred dollars, or by imprisonment in the county jail for not more 
 than ninety days or by both such fine and imprisonment. 
 
 Sec. 6244. Sections repealed. — Sections four thousand eight hundred 
 eighty-two, four thousand eight hundred eighty-three, four thou- 
 sand eight hundred eighty-four, four thousand eight hundred eighty- 
 five, four thousand eight hundred eighty-six, four thousand eight 
 hundred eighty-seven, four thousand eight hundred eighty-eight, four 
 
396 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thousand eight hundred eighty-nine, four thousand eight hundred 
 ninety, four thousand eight hundred ninety-one, four thousand eight 
 hundred ninety-two, four thousand eight hundred ninety-three, four 
 thousand eight hundred ninety-four, four thousand eight hundred 
 ninety-five, four thousand eight hundred ninety-six and four thou- 
 sand eight hundred ninety-seven of the Compiled Laws of eighteen 
 hundred ninety-seven, relative to weights and measures, are hereby 
 repealed. 
 
 Sec. 6245°. Construction of certain contracts. — When any commodity 
 shall be sold by the hundredweight, it shall be understood to mean 
 the net weight of one hundred pounds avoirdupois, and all contracts 
 concerning goods or commodities sold by weight, shall be construed 
 accordingly, unless such construction would be manifestly incon- 
 sistent with the special agreement of the parties contracting. 
 
 Sec. 6246°. Standard measure of fruits, etc.; bushel of charcoal. — The 
 half bushel and the parts thereof shall be the standard measure for 
 fruits and other commodities customarily sold by heaped measure; 
 and in measuring such commodities the half bushel or other smaller 
 measure shall be heaped as high as may be, without especial effort or 
 design; and the standard measure of charcoal shall be twenty-seven 
 hundred and forty-eight cubic inches for each and every bushel 
 t hereof. 
 
 Sec. 6247, as amended by Acts, 1925, Act No. 59, p. 78. Weight per 
 bushel of grain. — That whenever wheat, rye, shelled corn, corn on the 
 cob, corn meal, oats, buckwheat, beans, clover seed, timothy seed, flax 
 seed, hemp seed, millet seed, blue grass seed, red top seed, barley, 
 dried apples, dried peaches, potatoes, potatoes (sweet), onions, tur- 
 nips, peas, cranberries, dried plums, castor beans, salt, mineral coal, 
 Hungarian grass seed, orchard grass seed, osage orange seed, beets, 
 carrots or parsnips, shall be sold by the bushel, and no special agree- 
 ment as to the measure or weight thereof shall be made by the parties, 
 the measure thereof shall be ascertained by weight, and shall be 
 computed as follows, viz : x 
 
 Pounds per 
 bushel 
 
 Wheat 60 
 
 Rye 56 
 
 Shelled corn 56 
 
 Corn on the cob 70 
 
 Corn meal 50 
 
 Oats 32 
 
 Buckwheat 48 
 
 Beans 60 
 
 Clover seed 60 
 
 Timothy seed 45 
 
 Flax seed 56 
 
 Hemp seed 44 
 
 Millet or Hungarian grass seed 50 
 
 Blue grass seed 14 
 
 Red top seed 14 
 
 Barley 48 
 
 Apples, dried 22 
 
 Pounds per 
 bushel 
 
 Peaches, dried 28 
 
 Potatoes 60 
 
 Potatoes, sweet 56 
 
 Onions 54 
 
 Turnips 58 
 
 Peas 60 
 
 Cranberries 40 
 
 Plums, dried 28 
 
 Beans, castor 46 
 
 Salt, Michigan 56 
 
 Coal, anthracite (mineral) 80 
 
 Coal, bituminous (mineral) 60 
 
 Grass seed, orchard 14 
 
 Orange seed, osage 33 
 
 Beets 56 
 
 Carrots 50 
 
 Parsnips 50 
 
 Sec. 6249 (1871). Weight of bushel stone lime.— That whenever 
 stone-lime is sold, and no special agreement is made by the parties, 
 the bushel shall consist of seventy pounds. 
 
 - A slight change has been made in the arrangement for convenience of reference. 
 
MICHIGAN 397 
 
 Sec. 6250 (1877). Apples. — That whenever apples are bought or 
 sold by weight forty-eight pounds shall constitute a bushel. 
 
 Sec. 6251 (1881). Duty of persons weighing cattle, etc.; correct 
 weights to be given. — That every person who shall weigh for any 
 person purchasing, or selling, or offering for sale, any live stock, 
 neat cattle, sheep, swine, poultry, or other live animals, or any beef, 
 pork, mutton, fowls, or other animals when dressed, or any hay, 
 grain, or produce, shall make a true and correct weight or weights 
 thereof, and give to the purchaser and seller, or person offering the 
 same for sale, when requested, the true, full, correct, and gross 
 amount of any and all such weights. 
 
 Sec. 6252. Penalty for violation of act. — Every person who shall will- 
 fully violate any of the provisions of this act shall be deemed guilty 
 of a misdemeanor, and on conviction thereof shall be punished by a 
 fine not exceeding fifty dollars, or by imprisonment in the county 
 jail not exceeding three months, or by both such fine and imprison- 
 ment, in the discretion of the court. 
 
 Sec. 6253 (1871). Size of peach baskets. — That the quantity known 
 as a box or basket of peaches shall contain seven hundred and six- 
 teen and four-fifths cubic inches, or one-third of a bushel strict 
 measure. 
 
 Sec. 6255 (1877). Fruit, etc., not to be sold in less quantities than 
 represented. — That when any person or persons, party or parties, 
 shall offer for sale or sell in any township, village, or city, within 
 this State, any fruits or vegetables contained in drawers or cases, 
 boxes or baskets, represented to- hold one bushel or any fractional 
 part thereof, said drawers, boxes, cases, or baskets, shall be of the 
 dimensions to hold, and shall hold the quantity offered for sale or 
 "sold, whether by the bushel of thirty-two quarts or any fractional 
 part thereof. 
 
 Sec. 6256. Penalty. — Any person or persons violating the provisions 
 of the foregoing section, upon conviction before any court of com- 
 petent jurisdiction, shall be liable to a fine not less than five dollars 
 nor more than twenty dollars, and imprisonment for a term not to 
 exceed three months, or either or both, in the discretion of said 
 court. 
 
 Sec. 6257 (1895). Fruit baskets to be marked as to number of 
 pounds. — That all manufacturers of peach baskets and other fruit 
 packages designed for the shipment of peaches, grapes and plums, 
 and all shippers and dealers in the same, shall mark or cause to be 
 marked in a plain manner on the outside, otherwise than the bottom, 
 of such baskets or packages, the capacity of each basket or package 
 in pounds at the rate of one pound for each forty-three and eight- 
 thousandths cubic inches of space contained in such basket or 
 package. 
 
 Sec. 6258. Penalty. — Any manufacturer of or dealer in peach bas- 
 kets, or other fruit packages designed for the shipment of peaches, 
 grapes and plums, who shall sell or offer to sell such baskets or pack- 
 ages 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 com- 
 mitted to the county jail until such fine and costs are paid. 
 
398 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 6260 (1909). Certain mill products; standard weights per barrel; 
 weights to be placed in barrel, etc. — When mill products of wheat, 
 corn, rye or buckwheat, known as flour, grits, meal or compounds of 
 the same, are placed or packed in barrels, fractional parts of a barrel 
 or sacks to be sold or billed to any person or persons within this 
 State, the standard weight or measure of a barrel or the fractional 
 part thereof, shall be as follows, viz : 
 
 One hundred and ninety-six pounds for a barrel ; 
 
 Ninety-eight pounds for one-half barrel ; 
 
 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. 
 
 The full and correct weights as herein established shall be placed 
 in said barrel or fractional part thereof by the manufacturer, com- 
 pany, dealer, person or persons filling the same, and the weights as 
 herein established shall be the legal weights in this State for such 
 packages when they are bought or sold, offered or exposed for sale, 
 or in possession with intent to sell, or sold and delivered, ordered 
 or billed. 
 
 Sec. 6261. Short weights. — No person or persons shall sell, offer or 
 expose for sale in this State by the barrel, or by the fractional parts 
 of a barrel as herein established, any of the mill products specified 
 in section one hereof [sec. 6260] , unless the barrel or fractional part 
 of such barrel shall contain the full weight of such mill product as is 
 provided for in section one hereof. 
 
 Sec. 6262. Weight to be marked on* package. — Before any package 
 containing the mill products or compounds of such mill products 
 specified in section one of this act shall be sold or offered or exposed 
 for sale in this State, the number of pounds contained therein shall 
 be plainly printed or stamped on the face label in plain English let- 
 ters and numbers not less than one-half inch high. When such pack- 
 ages are sold as one-half, one-quarter, one-eighth, one-sixteenth or 
 one-thirty-second of a barrel they shall be so marked in addition to 
 the number of pounds marked thereon as herein provided. 
 
 Sec. 6263. Abstraction of contents unlawful.— No manufacturer, com- 
 pany, dealer or person shall abstract any part of the mill products 
 from the standard packages or fractional parts named in section 
 one, and sell such package as a barrel or fractional part of a barrel as 
 defined in section one. 
 
 Sec. 6264. Penalty. — Any manufacturer, company, dealer, person 
 or persons who shall knowingly sell, offer or expose for sale or for 
 distribution in this State any package containing mill products of 
 the cereals enumerated in section one [section six thousand two hun- 
 dred sixty] which are stamped or labeled with a greater number of 
 pounds than such package actually contains, or who shall put up or 
 sell in this State any of the mill products of the above named cereals 
 in a manner contrary to the provisions of this act, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be pun- 
 ished by a fine of not less than twenty-five dollars nor more than five 
 hundred dollars and the costs of prosecution, or by imprisonment in 
 the common jail or the Michigan Reformatory at Ionia for not less 
 than ninety days nor more than one year or by both such fine and 
 
MICHIGAN 399 
 
 imprisonment in the discretion of the court for each and every 
 offense: Provided, however, That nothing in this act shall be con- 
 strued to cover or affect sales or shipments made to any manufac- 
 turer, company, dealer, person or persons outside of this State and 
 not intended for sale or shipment back into this State. 
 
 Sec. 6265. Dairy and food commissioner; duties of. — It shall be the 
 duty of the dairy and food commissioner to investigate all complaints 
 of violations of this act, and to take all steps necessary to its enforce- 
 ment. It shall be the duty of all prosecuting officers of this State to 
 prosecute to completion all suits brought under the provisions of this 
 act upon complaint of said commissioner or any person. 
 
 Sec. 6267. Binder twine; stamp, tag or label, what to state; toler- 
 ance. — No binder twine shall be sold, exposed or offered for sale 
 within this State, except the same bear upon each ball a stamp, tag 
 or label truly stating the name of the manufacturer, importer or 
 jobber of such twine, the kind or kinds of material it contains, and 
 the number of feet to the pound in such ball: Provided, That a 
 deficiency not exceeding five per cent in the length or tensile strength 
 stated on the stamp, tag or label shall not be a violation hereof. 
 
 Sec. 6268. Penalty for violation. — Any person, firm or corporation 
 violating any of the provisions of this act shall be deemed guilty of 
 a misdemeanor and shall upon conviction thereof be punished by a 
 fine not exceeding five hundred dollars : Provided, That the selling 
 or exposing for sale of any ball of twine which does not conform to 
 the requirements of this act shall constitute a separate and distinct 
 offense. 
 
 Sec. 6279 (1915). Capacity of milk bottles. — On and after Janu- 
 ary one, nineteen hundred sixteen, bottles used for the sale of milk 
 and cream in this State shall be of the capacity of half gallon, three 
 pints, one quart, one pint, ten ounce, half pint, one gill filled full to 
 the bottom of the lip. The following variations on individual bottles 
 or jars may be allowed: Six drams above and six drams below on 
 the half-gallon; five drams above and five drams below on the 
 three-pint; four drams above and four drams below on the quart; 
 three drams above and three drams below on the pint; two and one- 
 half drams above and two and one-half drams below on the ten 
 ounce; two drams above and two drams below on the half -pint; 
 two drams above and two drams below on the gill. But the average 
 contents of not less than twenty- five bottles selected at random from 
 at least four times the number tested must not be in error by more 
 than one-quarter of the tolerances : One and five-tenths drams above 
 and one and five-tenths drams below on the half gallon; one and 
 twenty-five hundredths drams above and one and twenty-five hun- 
 dredths drams below on the three pint; one dram above and one 
 dram below on the quart; seventy-five hundredths drams above and 
 seventy-five hundredths drams below on the pint; seventy-five hun- 
 dredths drams above and seventy-five hundreds drams below on the 
 ten ounce; five-tenths drams above and five-tenths drams below on 
 the half pint ; five-tenths drams above and five-tenths drams below on 
 the gill. Bottles or jars used for the sale of milk shall have clearly 
 blown or otherwise permanently marked in the side of the bottle, the 
 capacity of the bottle and the word " sealed " and in the side or 
 517—26 26 
 
400 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 bottom of the bottle the name, initials or trade-mark of the manu- 
 facturer and designating number, which designating number shall 
 be different for each manufacturer and may be used in identifying 
 the bottles. The designating number shall be furnished by the State 
 superintendent of weights and "measures upon application by the 
 manufacturer, and upon filing by the manufacturer of a bond in the 
 sum of one thousand dollars with sureties to be approved by the 
 Attorney General, conditioned upon their performance of the re- 
 quirements of this section. A record of the bonds furnished, the 
 designating numbers, and to whom furnished, shall be kept in the 
 office of the superintendent of weights and measures. 
 
 Sec. 6280. Unlawful sales. — On and after January one, nineteen 
 hundred sixteen, any manufacturer who sells milk or cream bottles 
 to be used in this State, which do not comply as to size and mark- 
 ings with the provisions of this act, shall suffer the penalty of five 
 hundred dollars, to be recovered b} ? the attorney general in an ac- 
 tion against the offender's bondsmen, to be brought in the name 
 of the people of the State. Any dealer who uses, for the pur- 
 pose of selling milk or cream, jars or bottles purchased after this 
 Jaw takes effect, which do not comply with the requirements of 
 this act as to markings and capacity, shall be deemed guilty of using 
 false or insufficient measure. 
 
 Sec. 6281. Bottles not to be sealed. — Sealers of weights and meas- 
 ures are not required to seal bottles or jars for milk or cream marked 
 as in this act provided, but they shall from time to time make tests 
 on individual bottles used by the various firms in the territory over 
 which they have jurisdiction, in order to ascertain whether the 
 above provisions are being complied with, and they shall report 
 violations found immediately to the superintendent of weights and 
 measures. Any dealer who knowingly uses for the purpose of sell- 
 ing milk or cream, jars or bottles purchased after this law takes 
 effect, which do not comply with this act as to marking the capacity, 
 shall be guilty of a misdemeanor and be punished accordingly. 
 
 Comp. Laws, 1915, Vol. 2, cli. 126, p. 2412. 
 
 Sec. 6644°. Miller to keep scales and weigh grain, flour, etc.; penalty 
 for neglect or refusal. — Every miller occupying and using a grist 
 mill, shall be provided with scales and weights, or a vibrating steel- 
 yard, to weigh corn, grain, flour and meal, delivered at and taken 
 from the mill, if required; and if he shall neglect to keep himself 
 so provided, or shall refuse so to weigh corn, grain, flour, or meal, 
 when required by any person delivering or taking away the same, 
 he shall forfeit, for each neglect or refusal, not less than one dollar, 
 nor more than five dollars. 
 
 Comp. Laws, 1915, Vol. 3, ch. 257, p. 5293. 
 
 Sec. 15320 (al915). False tokens or pretenses. — Every person who, 
 with intent to defraud or cheat, shall designedly, by color of any 
 false token or writing * * * or by means of any false weights 
 or measures obtain a larger amount or quantity or property than 
 was bargained for, or by means of any false weights or measures 
 sell or dispose of a less amount or quantity of property than was 
 bargained for, if such land or interest in land, money, personal 
 property, use of such instrument, facility or article, valuable thing, 
 
MICHIGAN 401 
 
 service, larger amount obtained or less amount disposed of, shall be 
 of the value of twenty-five dollars or less, shall be punished by a fine 
 not exceeding one hundred dollars or imprisonment in the county 
 jail not exceeding three months, and if such land, interest in land, 
 money, personal property, use of such instrument, facility or article, 
 valuable thing, service, larger amount obtained or less amount dis- 
 posed of shall be of the value of more than twenty-five dollars, such 
 person shall be punished by imprisonment in the State prison not 
 more than ten years or by a fine not exceeding five hundred dollars 
 and imprisonment in the county jail not more than one year. 
 
 Comp. Laws, 1915, Vol. 1, ch. 68, p. 937. 
 
 Sec. 2231 (1915). Standard gauge for fence. — The Washburn and 
 Moen gauge is hereby declared to be the standard gauge for testing 
 galvanized wire fence within this State. 
 
 Comp. laws, 1915, Vol. 1, ch. 72, p. 1037. 
 
 Sec. 2640, as amended by Acts, 1921, Act 21, p. 31. General powers 
 of councils; villages. — Every village subject to the provisions of this 
 act, shall, in addition to such other powers as are conferred, have 
 the general power and authority granted in this chapter, and the 
 council may pass such ordinances in relation thereto as it may deem 
 proper, namely : 
 
 Twelfth. To provide for the inspection and sealing of weights 
 and measures, and to enforce the keeping and use of proper weights 
 and measures by venders; * * * 
 
 Comp. Laws, 1915, Vol. 1, ch. 73, p. 1135. 
 
 Sec. 3021°. General powers of city corporations of fourth class; inspec- 
 tion and measuring certain merchandise; inspection and sealing of 
 weights and measures. — Every city incorporated under the provisions 
 of this act [cities containing a population not exceeding ten thou- 
 sand] , shall, in addition to such other powers as are herein conferred, 
 have the general powers and authority in this chapter mentioned; 
 and the council may pass such ordinances in relation thereto, and for 
 the exercise of the same, as they may deem proper, namely : 
 
 Eighteenth. To regulate the inspection, weighing, and measur- 
 ing of brick, lumber, firewood, coal, hay, and any article of mer- 
 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. 
 
 Acts, 1917, Act 123, p. 199. 
 
 Sec. 1. Scales authorized. — It shall be lawful for the township 
 board of any township or village council of any village in this State 
 to appropriate money for the purpose of establishing township or 
 village scales for the weighing of farm produce and for other pur- 
 poses. All sums hereby authorized to be appropriated shall be as- 
 sessed, levied and collected in the same manner as other expenses 
 of such townships or villages are assessed, levied and collected. The 
 maintenance, management and control of such scales shall be under 
 the direction of the township board or village council, as the case 
 may be and the expense connected therewith shall be paid in the 
 
402 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 same manner as other expenses of such townships or villages are 
 
 paid. 
 
 Acts, 1917, Act No. 74, p. 138. 
 
 Sec. 1. Standard Climax baskets. — That standards for Climax bas- 
 kets for grapes and other fruits and vegetables shall be the two-quart 
 basket, four-quart basket, and twelve-quart basket, respectively. 
 
 (a) The standard two-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, nine and one-half inches; 
 width of bottom piece, three and one-half inches; thickness of bot- 
 tom piece, three-eighths of an inch ; height of basket, three and seven- 
 eighths inches, outside measurement; top of basket, length eleven 
 inches and width five inches, outside measurement. Basket to have 
 a cover five by eleven inches, when a cover is used ; 
 
 (b) The standard four-quart Climax basket shall be of the fol- 
 lowing dimensions : Length of bottom piece, twelve inches ; width of 
 bottom piece, four and one-half inches; thickness of bottom piece, 
 three-eighths of an inch ; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches, 
 width, six and one-fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used; 
 
 (c) The standard twelve-quart Climax basket shall be of the fol- 
 lowing dimensions: Length of bottom piece, sixteen inches; width of 
 bottom piece, six and one-half inches; thickness of bottom piece, 
 seven-sixteenths of an inch; height of basket, seven and one-six- 
 teenth inches, outside measurement; top of basket, length nineteen 
 inches, width nine inches, outside measurement. Basket to have 
 cover nine inches by nineteen inches, when cover is used. 
 
 Sec. 2. Small fruit baskets. — That the standard basket or other con- 
 tainer for small fruits, berries, and vegetables shall be of the follow- 
 ing capacities, namely, dry one-half pint, dry pint, dry quart, or 
 multiples of the dry quart. 
 
 (a) The dry half pint shall contain sixteen and eight-tenths cubic 
 inches ; 
 
 (b) The dry pint shall contain thirty-three and six-tenths cubic 
 inches ; 
 
 (c) The dry quart shall contain sixty-seven and two-tenths cubic 
 inches. 
 
 Sec. 3. Penalty for violation. — That it shall be unlawful to manu- 
 facture for shipment, or to sell within the State any Climax baskets 
 or other containers for small fruits, berries, or vegetables, whether 
 filled or unfilled, which do not conform to the provisions of this act; 
 and any person guilty of a wilful violation of any of the provisions 
 of this act shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be fined in any sum not exceeding twenty-five 
 dollars : Provided, That nothing herein contained shall apply to the 
 manufacture, sale, or shipment of Climax baskets, baskets, or other 
 containers for small fruits, berries, and vegetables when intended 
 for export to foreign countries when such Climax baskets, baskets, or 
 other containers for small fruits, berries, and vegetables accord with 
 the specifications of the foreign purchasers or comply with the law 
 of the country to which shipment is made or to be made. 
 
MICHIGAN 403 
 
 Sec. 4. Who to test, etc. — That the examination and test of Climax 
 baskets, baskets, or other containers for small fruits, berries, and 
 vegetables, for the purpose of determining whether such baskets op 
 other containers comply with the provisions of this act, shall be 
 made by the dairy and food department, and the dairy and food 
 commissioner shall establish and promulgate rules and regulations 
 allowing such reasonable tolerances and variations as may be found 
 necessary. 
 
 Sec. 5. Prosecuting attorney, duty of. — That it shall be the duty of 
 each prosecuting attorney, to Avhom satisfactory evidence of any vio- 
 lation of the act is presented, to cause appropriate proceedings to be 
 commenced and prosecuted in the proper courts of the State for the 
 enforcement of the penalties as in such case herein provided. 
 
 Sec. 6. When dealer not liable. — That no dealer shall be prose- 
 cuted under the provisions of this act when he can establish a 
 guaranty signed by the manufacturer, wholesaler, jobber, or other 
 party residing within the United States from whom such Climax 
 baskets, baskets, or other containers, as defined in this act, were pur- 
 chased, to the effect that said Climax baskets, baskets, or other con- 
 tainers are correct within the meaning of this act. Said guaranty, 
 to afford protection, shall contain the name and address of the party 
 or parties making the sale of Climax baskets, baskets, or other con- 
 tainers to such dealer, and in such case said party or parties shall 
 be amenable to the prosecutions, fines, and other penalties which 
 would attach in due course to the dealer under the provisions of this 
 act. 
 
 Acts, 1917, Act 88, p. 160. 
 
 Sec. 1. Standard barrel for fruits and vegetables; dimensions.— The 
 standard barrel 2 for fruits, vegetables, and other dry commodities 
 other than cranberries shall be of the following dimensions when 
 measured without distention of its parts: Length of staves, twenty- 
 eight and one-half inches; diameter of heads, seventeen and one- 
 eighth inches; distance between heads, twenty-six inches; circum- 
 ference of bul<re, sixty-four inches, outside measurement; and the 
 thickness of staves not greater than four-tenths of an inch: Pro- 
 vided, That any barrel of a different form having a capacity of 
 seven thousand fifty-six cubic inches shall be a standard barrel. 
 The standard barrel for cranberries shall be of the following dimen- 
 sions when measured without distention of its parts : Length of 
 staves, twenty-eight and one-half inches; diameter of heads, sixteen 
 and one-fourth inches; distance between heads, twenty-five and one- 
 fourth inches; circumference of bulge, fifty-eight and one-half 
 inches, outside measurement ; and the thickness of staves not greater 
 than four-tenths of an inch. 
 
 Sec. 2. Unlawful to sell, etc., barrel of less capacity. — It shall be 
 unlawful to sell, offer, or expose for sale in this State, or to ship from 
 this State, to any other State, Territory, or the District of Columbia 
 or to a foreign country, a barrel containing fruits or vegetables or 
 any other dry commodity of less capacity than the standard barrels 
 defined in the first section of this act, or subdivisions thereof known 
 as the third, half, and three-quarter barrel, and any person guilty 
 
 ■ See note, i>. 20, relative to Federal standard barrel. 
 
404 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of a wilful violation of any of the provisions of this act shall be 
 deemed guilty of a misdemeanor and be liable to a fine not to exceed 
 one hundred dollars, in any court of this State having jurisdiction : 
 Provided, however, That no barrel shall be deemed below standard 
 within the meaning of this act when shipped to any foreign country 
 and constructed according to the specifications or directions of the 
 foreign purchase]- if not constructed in conflict with the laws of the 
 foreign country to which the same is intended to be shipped. 
 
 Sec. 3. Variations. — Reasonable variations shall be permitted and 
 tolerance established by rules and regulations made by the Director 
 of the Bureau of Standards and approved by the Secretary of Com- 
 merce. Prosecutions for offenses under this act may be begun upon 
 complaint of local sealers of weights and measures or other officer of 
 the State appointed to enforce the laws of the said State, relating 
 to weights and measures: Provided, ho'ioever, That nothing in this 
 act shall apply to barrels used in packing or shipping commodities 
 sold exclusively by weight or numerical count. 
 
 Sec. 5. Repealing clause.— An act entitled "An act to regulate the 
 size of dry or packing barrels for fruits, roots and vegetables," 
 being section six thousand two hundred fifty-four of the compiled 
 laws of nineteen hundred fifteen, be and the same is hereby repealed. 
 
 Acts, 1925, Act No. 145, p. 186. 
 
 Sec. 1. " Fancy table grapes," size of container. — " Fancy table 
 grapes " shall be packed in two or four quart Climax baskets or car- 
 riers of two or more small units, or any container of less than twelve- 
 quart (sixteen-pound) capacity, - * * * 
 
 Sec. 2. " No. 1 grapes." — " No. 1 grapes " shall be packed in twelve- 
 quart (sixteen-pound) capacity Climax baskets, or larger containers, 
 * * * 
 
 Sec. 3. " No. 2 grapes." — " No. 2 grapes " shall be packed in twelve- 
 quart (sixteen-pound) capacity Climax baskets, or larger capac- 
 ity, * * * 
 
 Sec. 4. " Frosted grapes." — Grapes that have been subjected to frost 
 injury prior to harvest may be packed only in twelve-quart (six- 
 teen-pound) capacity Climax baskets, or containers of larger capac- 
 ity, * * * 
 
 Sec. 5. Marking. — All containers shall be clean and in good condi- 
 tion, and shall be conspicuously and legibly marked declaring: (1) 
 The name and address of the person, firm or association under whose 
 authority the grapes were packed, sold or offered for sale. (2) The 
 name of the grade. (3) The net contents. (4) The name of the 
 variety of the grapes. If the variety of the grapes is unknown, 
 it shall be so stated. Excepting as otherwise provided in this act, 
 the labeling or marking of the containers shall be done with letters 
 not less than one-fourth inch in height before leaving the premises 
 of the person or persons responsible for the grading and packing. 
 
 Sec. 6. Small units. — * * * " Small units " means not to exceed 
 four-quart capacit.y containers. 
 
 Sec. 7. Who may inspect. — The commissioner of agriculture, his 
 inspectors or agents, for the purpose of inspection and enforcement 
 of this act, or any section or part of section thereof, are given 
 authority and power to enter into or upon any premises or property, 
 
MICHIGAN 405 
 
 without warrant, where grapes are packed, exposed, offered or con- 
 signed for sale, or held in possession for storage or delivery, and 
 inspect the same, also procure, upon market value being tended or 
 accepted, sufficient samples to present as evidence in obtaining com- 
 plaint for prosecution. 
 
 Sec. 8. Penalty. — Any person convicted of violating any of the 
 provisions of this act shall, upon conviction thereof for the first of- 
 fense, be subject to a fine of not more than fifty dollars, or imprison- 
 ment in the county jail for not to exceed thirty days, or both such fine 
 and imprisonment in the discretion of the court. Any person con- 
 victed for the second and subsequent violations shall be subject to 
 a fine of not more than two hundred dollars, or thirty clays in jail, 
 or both such fine and imprisonment in the discretion of the court 
 or magistrate before whom such conviction may be had. 
 
 Sec. 9. Act repealed. — Act number fifty-four of the public acts of 
 nineteen hundred twenty-three is hereby repealed. 
 
 Comp. Laws, 1915, Vol. 2, ch. 124, p. 2342. 
 
 Sec. 6476 (al915). When article misbranded; package must hear net 
 weight, count or measure. — (a) An article shall be deemed to be 
 misbranded within the meaning of this act : * * * ; 
 
 Third. If in package form every package, box, bottle, basket or 
 other container does not bear the true net weight, excluding the 
 wrapper or container, which shall be stated in terms of pounds, 
 ounces and grains avoirdupois weight or the true net measure, which 
 measure, in case of liquids, shall be in terms of gallons of two hun- 
 dred and thirty-one cubic inches or fractions thereof, as quarts, 
 pints and ounces or the true numerical count, as the case may be, 
 expressed on the face of the principal label in plain English words 
 or numerals, so that it can be plainly read : Provided, however, That 
 reasonable variations shall be permitted and tolerances therefor and 
 also exemptions as to small packages shall be established and promul- 
 gated by the dairy and food commissioner; Provided, however, That 
 no penalty of fine, imprisonment or confiscation shall be enforced for 
 any violation of subdivision third of this section prior to September 
 first, nineteen hundred fourteen, as to goods in the hands of whole- 
 salers or retailers when this act takes effect or received prior to 
 January one, nineteen hundred fourteen. The provisions of this 
 subdivision shall not apply to beverages in glass containers ; 
 
 Fourth. * * * Every article of food as defined in the statutes 
 of this State shall be sold by weight, measure or numerical count and 
 as now generally recognized by trade custom, except where the 
 parties otherwise agree, and shall be labeled in accordance with the 
 provisions of the food and beverage laws of this State. Only those 
 products shall be sold by numerical count which can not well be sold 
 by weight or measure. All foods not liquid, if sold by measure, 
 shall be sold by standard dry measure, the quart of which contains 
 sixty-seven twenty one-hundredths cubic inches, providing that the 
 provisions of this section shall not apply to fresh fruit and vegetables. 
 
 Comp. laws, 1915, Vol. 2, ch. 120, p. 2307. 
 
 Sec. 6299 (1913). "Commercial fertilizer," what to include.— The 
 term " commercial fertilizer " shall be held to include any and every 
 substance, limestone or lime rock, imported, manufactured, prepared 
 
406 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or sold for fertilizing or manurial purposes, the retail price of which 
 is ten dollars or more per ton. Every lot or parcel of commercial 
 fertilizer sold, offered or exposed for sale, or distributed within this 
 State shall have on each bag or sack, in a conspicuous place on the 
 outside, a legibile and plainly printed statement in the English lan- 
 guage clearly and truly certifying : 
 
 (a) The net weight of the contents of the package, lot or parcel; 
 
 (&) The name, brand or trade-mark; 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market; * * * 
 
 Acts, 1917, Act. No. 91, p. 163. 
 
 Sec. 2. Commercial feeding stuffs ; net weight to be marked. — Every lot 
 or parcel of commercial feeding stuffs sold, offered or exposed for 
 sale, or distributed within this State shall have affixed thereto a tag 
 or label, in a conspicuous place on the outside, containing a legible 
 and plainly written statement in the English language, clearly and 
 truly certifying: 
 
 (a) The net weight of the contents of the package, lot or parcel; 
 
 (b) The name, brand or trade-mark ; 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market ; * * * 
 
 Comp. laws, 1915, Vol. 2, ch. 124, p. 2342. 
 
 Sec. 6426 (1907). Representative average sample. — In taking samples 
 of milk or cream from any milk can, cream can or any container of 
 milk or cream, the contents of such milk can, cream can, or container 
 of milk and cream shall first be thoroughly mixed either by stirring 
 or otherwise and the sample shall be taken immediately after mixing, 
 or by any other method which gives a representative average sample 
 of the contents, and it is hereby made a misdemeanor to take samples 
 by any method which does not give a representative average sample 
 where milk or cream is bought or sold, and where the value of said 
 milk of cream is determined by the butter fat contained in the same 
 by the Babcock test. 
 
 Sec. 6427. Standard testing glassware. — In the use of the Babcock 
 test the term " standard Babcock testing glassware " shall apply to 
 glassware complying with the following specifications: 
 
 (a) Standard Milk Test Bottles. — Graduation: The total per 
 cent graduation shall be eight per cent. The graduated portion of 
 the neck shall have a length of not less than sixty-three five-tenths 
 millimeters (two and one-half inches). The graduation shall repre- 
 sent whole per cent, five-tenths per cent, and tenths per cent. The 
 tenth per cent graduations shall not be less than three millimeters in 
 length; the five-tenths per cent graduations shall be one millimeter 
 longer than the tenths per cent graduations, projecting one millimeter 
 to the left ; the whole per cent graduations shall extend at least one- 
 half way around the neck to the right and projecting two millimeters 
 to the left of the tenths per cent graduations. Each per cent gradu- 
 ation shall be numbered, the number being placed on the left of the 
 scale. The arrow [error] at any point of the scale shall not exceed 
 one-tenth per cent. 
 
 Neck : The neck shall be cylindrical and the cylindrical shape shall 
 extend for at least nine millimeters below the lowest and above 
 
MICHIGAN 407 
 
 the highest graduation mark. The top of the neck shall be flared 
 to a diameter of not less than ten millimeters. 
 
 Bulb : The capacity of the bulb up to the junction of the neck shall 
 not be less than forty-five cubic centimeters. The shape of the bulb 
 may be either cylindrical or conical with the smallest diameter at 
 the bottom. If cylindrical, the outside diameter shall be between 
 thirty-four and thirty-six millimeters; if conical, the outside diam- 
 eter of the base shall be between thirty-one and thirty-three milli- 
 meters, and the maximum diameter between thirty-five and thirty- 
 seven millimeters. 
 The charge of the bottle shall be eighteen grams. 
 
 The total height of the bottle shall be between one hundred fifty 
 and one hundred sixty-five millimeters (five and seven-eighths and 
 six and one-half inches). 
 
 (b) Standard Cream Test Bottles. — Two types of bottles shall 
 be accepted as standard cream test bottles, a fifty per cent nine-gram 
 short-neck bottle and a fifty per cent nine-gram long-neck bottle. 
 
 Fifty per cent nine-gram-short-neck bottles — Graduation : The 
 total per cent graduation shall be fifty. The graduated portion 
 of the neck shall have a length of not less than sixty-three five- 
 tenths millimeters (two and one-half inches). The graduation 
 shall represent five per cent, one per cent and five-tenths per cent. 
 The five per cent graduations shall extend at least one-half way 
 around the neck of the bottle (to the right). The five per cent 
 graduations shall have a length intermediate between the five per 
 cent and the five-tenths per cent graduations. Each five per cent 
 graduation shall be numbered, the number being placed on the left 
 of the scale. The arrow [error] at any point of the scale shall not 
 exceed five-tenths per cent. 
 
 Neck: The neck shall be cylindrical and the cylindrical shape 
 shall extend at least nine millimeters below the lowest and nine 
 millimeters above the highest graduation mark. The top of the 
 neck shall be flared to a diameter of not less than ten millimeters. 
 
 Bulb: The capacity of the bulk [bulb] up to the junction of the 
 neck shall not be less than forty-five cubic centimeters. The shape of 
 the bulb may be either cylindrical or conical with the smallest diame- 
 ter at the bottom. If cylindrical, the outside diameter of the base 
 shall be between thirty-one and thirty-three millimeters and the maxi- 
 mum diameter between thirty-five and thirty-seven millimeters. 
 
 Charge of bottles: The charge of the bottle shall be nine grams. 
 All bottles shall bear on top of the neck above the graduations, 
 in plainly legible characters, a mark defining the weight of the 
 charge to be used (nine grams). 
 
 Height of bottle : The total height of the bottle shall be one hun- 
 dred fifty and one hundred sixty-five millimeters (five and seven- 
 eights and six and one-half inches), same as standard milk test 
 bottles. 
 
 Fifty per cent nine-gram long-neck bottles: The same specifica- 
 tions in every detail as specified for the fifty per cent nine gram 
 short-neck bottle shall apply for the long-neck bottle with the ex- 
 ception, however, that the total height of this bottle shall be between 
 two hundred ten and two hundred thirty-five millimeters (eight and 
 one-half and eight and seven-eighths inches) and that the total 
 
408 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 length of the graduation shall be not less than one hundred twenty 
 millimeters. 
 
 The Standard Babcock Pipette. — Total length of pipette shall 
 be not more than three hundred thirty millimeters (thirteen and one- 
 fourth inches). Outside diameter of suction tube six to eight milli- 
 meters. Length of suction tube one hundred twenty millimeters. 
 Outside diameter tube one hundred to one hundred twenty milli- 
 meters. Distance of graduation mark above bulb thirty to sixty 
 millimeters. Nozzle straight. Delivery seventeen six-tenths cubic 
 centimeters of water at twenty degrees O, in five to eight seconds. 
 
 Butter-fat and cream scales: All butter-fat and cream scales used 
 for the purpose of determining the value or per cent of butter- fat 
 content of milk or cream by the Babcock test shall be subject to the 
 following specifications : 
 
 Graduated face: 1. The scale shall be provided with a graduated 
 face of at least ten divisions over which the pointer shall play. 
 
 Pointer : 2. The pointer must reach to the graduated divisions and 
 shall terminate in a fine point to enable the readings to be made 
 clearly and distinctly. 
 
 Interval : 3. The clear interval between the divisions on the grad- 
 uated face shall not be less than five one-hundredths inch. 
 
 Leveling screws required when : 4. All scales whose weight indica- 
 tions are changed by an amount greater than one-half the tolerance 
 allowed, when set in any position on a surface making an angle of 
 three degrees or approximately five per cent with the horizontal, 
 shall be equipped with leveling screws and a device which will indi- 
 cate when the scale is level: Pnovided, however, That the scale shall 
 be rebalanced at zero each time its postion is altered during the test. 
 
 Sensibility under load : 5. The addition of one-half grain to the 
 scale when loaded to capacity shall cause a movement of the pointer 
 at least equal to one division on the graduated face. 
 
 Sensibility reciprocate : 6. The sensibility reciprocal and toler 
 ance of cream test and butter-fat test scales shall be one-half grain 
 (thirty milligrams). Every person, firm, company, association, cor- 
 poration or agent thereof buying and paying for milk or (Team 
 on the basis of the amount of butter fat contained therein as deter- 
 mined by the Babcock test shall use standard Babcock test bottles, 
 pipettes an daccurate weights and scales as defined in this act. 
 
 Sec. 6428. "Unlawful reading of test. — It shall be unlawful for the 
 •owner, manager, agent, or any employee of a cheese factory, cream- 
 ery, condensed milk factory or milk depot or other place where milk 
 or cream is tested for quality or value to falsely manipulate or under- 
 read or overread the Babcock test, or make settlements on any other 
 bases that the correct reading of the Babcock test or any other 
 contrivance used for determining the quality or value of milk or 
 cream where the value of said milk or cream is determined by the 
 per cent of butter fat contained in the same or to make any false 
 determination by the Babcock test or otherwise. 
 
 Sec. 6429. Penalty. — Whoever shall violate any of the provisions 
 of this act shall be guilty of a misdemeanor and upon conviction 
 thereof shall be punished by a fine of not less than ten dollars nor 
 more than fifty dollars for each and every offense or be imprisoned 
 in the county jail not less than ten days nor more than thirty days. 
 
MICHIGAN 409 
 
 Comp. Laws, 1915, Vol. 2, ch. 156, p. 2939. 
 
 See. 8231 (1913). False description or weights of freight; penalty. — 
 Any person, firm or corporation who shall knowingly offer 
 any goods, property or effects to an}' common carrier for transpor- 
 tation within this State with a false description of the same, or 
 who shall offer any such goods, property or effects under a false 
 billing, false classification or false weight and thereby procure or 
 attempt to procure the transportation of any such goods, property 
 or effects at a less cost than would be due under a true description, 
 true billing, true classification or true weight, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof by any court 
 of competent jurisdiction shall be punished by a fine of not to exceed 
 two hundred dollars or by imprisonment in the county jail for a 
 term not to exceed ninety days, or by both such fine and imprison- 
 ment in the discretion of the court. 
 
 Comp. Laws, 1915, Vol. 2, ch. 103, p. 2080. 
 
 Sec. 5521 (1913). Inspector of weights at coal mines. — The State 
 coal mine inspector shall be ex officio inspector of weights, measures 
 and scales used at coal mines, and he is hereby empowered and it 
 shall be his duty to test all the scales, correctly measure the weight 
 of such coal, and if defects or irregularities are found in such scales, 
 which prevent correct weights and measurements, the inspector shall 
 call the attention of the mine owner, agent or operator to such defects, 
 and shall direct the same to be at once properly adjusted and cor- 
 rected. 
 
 Sec. 5522. Test weights. — For the purpose of carrying out the pro- 
 visions of this act, the State inspector shall be furnished by the State 
 with a complete set of standard weights, suitable for testing the 
 accuracy of track scales and of all smaller scales at mines. Such 
 test weights shall remain in the custody of the inspector for use at 
 any point within the State, and for any amounts expended by him 
 for storage, transportation or handling of the same, he shall be fully 
 reimbursed upon making entry of the proper items in his expense 
 voucher. 
 
 Sec. 5523. Weighmen to make oath. — All weighmen who shall per- 
 form the duty of weighing coal shall be sworn by some one compe- 
 tent to administer a legal oath, that they will perform their duty 
 accurately and impartially as between employers and employes, and 
 that they will honestly report and record all weights of coal with 
 which they are entrusted. The coal mine employes shall have the 
 right to name a competent and fair check weighman, who shall be 
 paid by the employes and be sworn by one authorized to administer 
 oaths. 
 
MINNESOTA 
 
 Gen. Stats., 1923, ch. 28A, p. 729. 
 
 Sec. 5270 (1911). Department created, under jurisdiction railroad and 
 warehouse commission. — There is hereby created a department to be 
 known as the department of " weights and measures," hereafter re- 
 ferred to as the department, and it shall be under the jurisdiction of 
 the railroad and warehouse commission, hereafter referred io as the 
 commission, which shall have supervision and control over all 
 weights, weighing devices and measures in the State. 
 
 Sec. 5271. Commission to appoint commissioner and deputies; bond. — 
 The commission shall appoint a commissioner of weights and meas- 
 ures and such deputies and other employees as may be necessary to 
 cany out the provisions of this chapter and fix their compensation. 
 The commissioner of weights and measures and the deputies shall 
 give a bond in a sum to be fixed and approved by the commission. 
 The commission shall provide for such examinations as it may deem 
 necessary to determine the qualifications and fitness of appointees. 
 
 Sec. 5272 (1919). Commissioner of weights and measures salary and 
 deputies. — The salary of the commissioner of weights and measures 
 shall be twenty-five hundred dollars per annum, and all deputies 
 not to exceed fifteen hundred dollars per annum. 
 
 Sec. 5273. Fees to be paid into State treasury. — All moneys collected 
 by the department for special services, fees and penalties shall be 
 paid into the State treasury, and credited to a fund known as the 
 weights and measures fund, and available for the use of the depart- 
 ment of weights and measures. 
 
 Sec. 5275 (1911). Rules, authority of commission to adopt and change: 
 force of. — The commission shall prescribe and adopt such rules and 
 regulations as it may deem necessary to carry out the provisions of 
 this chapter, and it may change, modify or amend any or all rules 
 whenever deemed necessary, and the rules so made shall have the 
 force and effect of law. 
 
 Sec. 5276. Duties of the department; care of State standards; test other 
 standards; to have general supervision of weights and measures, etc.; to 
 keep record; annual report. — The department shall take charge of, 
 keep and maintain in good order the standard of weights and meas- 
 ures of the State and submit them to the Bureau of Standards of 
 Washington, D. C, for certification when it is deemed necessary; 
 and shall keep a seal so formed as to impress the letters " MINN " 
 and the date of sealing upon the weights and measures that are 
 sealed; it shall test, correct and seal, when found to be accurate, at 
 least once every year and as much oftener as may be necessary, all 
 the copies of the standards used throughout the State for the pur- 
 pose of testing the weighing or measuring apparatus used in the 
 State, and keep a record thereof ; it shall have general supervision of 
 the weights, measures and weighing or measuring devices offered for 
 
 410 
 
MINNESOTA 411 
 
 sale, sold or in use in the State ; and shall, upon the written request of 
 any person, test or calibrate weights, measures, weighing or meas- 
 uring devices and instruments or apparatus used as standards in the 
 State ; it shall keep a complete record of the standards, balances and 
 all testing and sealing apparatus owned by the State, and shall 
 annually during the first fifteen (15) days of January, make a 
 report of its actions to the governor of the State. 
 
 Sec. 5277. Authority of department; weights, measures, etc., may be 
 condemned, seized, or destroyed, when. — The department or any of its 
 employees shall have power to inspect and test all weights, scales, 
 beams and measures of every kind, instruments and mechanical 
 devices for measurement, and tools, appliances or accessories con- 
 nected with any or all such instruments for measurement that are 
 kept, offered or exposed for sale, or sold, or used or employed within 
 this State by any person in determining the size, quantity, extent, 
 area or measurement of -quantities, things, produce, articles for dis- 
 tribution or consumption, offered or submitted by any person for 
 sale, hire or reward; and it shall, at least once in each year, and as 
 much oftener as may be deemed necessary, see that the weights, 
 measures and all apparatus used in the State are correct. In the 
 general performance of this duty the department, or any of its 
 employees, may enter or go into and upon any stand, place, building 
 or premises to stop any vendor, peddler, junk dealer, coal wagon, 
 ice wagon, delivery wagon or any dealer whatsoever and require him, 
 if necessary, to proceed to some place which the scaler [sealer] may 
 specify for the purpose of making proper tests. Scales, weights, 
 measures or weighing or measuring instruments that are found, 
 upon inspection, to correspond with the standards in the possession 
 of the department shall be sealed with proper devices to be approved 
 by the commission. Any employee shall condemn, seize and destroy 
 incorrect weights, measures or weighing or measuring devices which, 
 in the judgment of the department can not be satisfactorily repaired, 
 and such as are incorrect and yet may be repaired, shall be marked 
 as " Condemned for repair," in the manner to be prescribed by the 
 department. The owners or users of any scales, weights, measures or 
 weighing or measuring instrument which have been so disposed of 
 shall have the same repaired or corrected within thirty (30) days 
 and the same shall not be used or disposed of in any way without 
 the consent of the department. 
 
 Sec. 5278. False scale, weight, measures, etc., sale or use of; misde- 
 meanor; penalty. — Any person who shall offer or expose for sale, sell 
 or use, or have in his possession a false scale, weight or measure, or 
 weighing or measuring device, or any weight or measure or weigh- 
 ing or measuring device which has not been sealed within one year, 
 as provided by this law, or use the same in the buying or selling of 
 any commodity or thing; or who shall dispose of any condemned 
 weight, measure or weighing or measuring device, or remove any 
 tag placed thereon by an authorized employee of the department, 
 or shall sell or offer or expose for sale less than the quantity he 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 toTe used to, or calculated to, falsify any weight or measure, 
 
412 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or shall refuse to pay any fee charged for testing and sealing or 
 condemning any scale, weight or measure, or weighing or measuring 
 device, shall be guilty of a misdemeanor and shall, upon conviction, 
 be fined a sum not less than twenty dollars ($20) nor more than one 
 hundred dollars ($100) or by imprisonment for not less than ten (10) 
 days nor more than ninety (90) days, and the costs of such proceed- 
 ings. 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. 
 
 Sec. 5279. Hindering or restricting any employee; misdemeanor; pen- 
 alty. — Any person hindering, impeding or restricting in any way 
 any employee of the department while in the performance of his 
 official duty shall be guilty of a misdemeanor, and, upon conviction, 
 be punished by a fine of not less than twenty dollars ($20) nor more 
 than one hundred dollars ($100) or by imprisonment for not less 
 than ten (10) days nor more than ninety (90) days for each offense. 
 
 Sec. 5280. Police power. — The said department and all authorized 
 employees under the provisions of this act are hereby made special 
 policemen and are authorized and empowered to arrest, without 
 formal warrant, any violator of the statute in relation to weights 
 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 law. 
 
 Sec. 5281. State and county treasurers to deliver standards to the 
 department. — The State treasurer and the county treasurers of the 
 various counties shall deliver to the department all standards of 
 weights and measures, balances, testing apparatus and sealing equip- 
 ment now in their possession within ninety (90) days after the 
 passage of this act. 
 
 Sec. 5282 (al915). No fees for annual inspection; cost of inspection 
 at other times; fees for special service, etc. — No fee shall be charged 
 for the regular annual inspection of scales, weights, measures and 
 weighing or measuring devices. At all other times, the cost of the 
 inspection shall be paid by the owner when the same is performed 
 at his request; and when made at the request of some other person 
 the cost shall be paid by the owner, if the scale, weight, measure 
 and weighing or measuring device is found to be incorrect ; otherwise 
 by the person making the request. The commission shall have power 
 to fix the fees and expenses for all special services. The sum of 
 ten thousand dollars ($10,000), together with the sum in the weights 
 and measures fund, is hereby appropriated for the payment of sal- 
 aries of employees and expenses of said department for the fiscal 
 year ending July 31st, 1915, and thirty thousand dollars ($30,000) 
 annually for the fiscal years ending July 31st, 1916 and 1917, and 
 the same or so much thereof as may be necessary, shall be allowed 
 and paid by the State, upon the approval of a member of the rail- 
 road and warehouse commission, and the State auditor. All monies 
 collected by the department for special services, fees and penalties 
 shall be paid into the State treasury, and credited to the State rev- 
 enue fund. 
 
 Sec. 5283 (1911). Definition.— The word "person" shall be con- 
 strued to mean person or persons, corporation, partnership, stock 
 company, or the agent or employee thereof. 
 
MINNESOTA 
 
 413 
 
 Gen. Stats., 1923, ch. 50, p. 986. 
 
 Sec. 7021 (al913). Dry measure The standard measure of capacity 
 
 for commodities sold by dry measure, shall be the bushel containing 
 2,150.42 cubic inches. The half bushel, peck, half peck, quarter 
 peck, quart and pint shall be derived by successively dividing that 
 measure by two. 
 
 Sec. 7022. Liquid measure. — The standard measure of capacity for 
 liquids, shall be the wine gallon, containing 231 cubic inches; and 
 31.50 gallons shall constitute a barrel, except for fermented malt 
 liquors, which shall be a barrel of 31 gallons, and 63 gallons a 
 hogshead. 
 
 Sec. 7023. Lineal measure. — The standard measure of length, from 
 which all other measures of extension, lineal, superficial, or solid, 
 shall be derived, is the yard, of 3 feet, or 36 inches. 
 
 Sec. 7024. Hundredweight. — In contracts for the sale of goods or 
 commodities, the term " hundredweight " shall mean 100 pounds 
 avoirdupois. 
 
 Sec. 7025. Standard weights of bushel. — In contracts for the sale of 
 any of the following articles, the term " bushel " shall mean the num- 
 ber of pounds avoirdupois herein stated. 1 
 
 Pounds 
 ._ 70 
 
 Corn in ear 1 
 
 Beans (except lima beans, scarlet 
 
 runner pole beans, and white 
 
 runner pole beans, and broad 
 
 Windsor beans) ... 60 
 
 Smooth peas 60 
 
 Wheat 60 
 
 Clover seed 60 
 
 Irish potatoes 60 
 
 Alfalfa 60 
 
 Broomcorn seed 57 
 
 Sorghum seed 57 
 
 Shelled corn (except sweet corn).. 56 
 
 Rye 56 
 
 Lima beans 56 
 
 Flaxseed 56 
 
 Wrinkled peas 56 
 
 Sweet potatoes 55 
 
 Turnips 55 
 
 Onions 52 
 
 Rutabagas 52 
 
 Buckwheat 50 
 
 Hempseed 50 
 
 Rapeseed 50 
 
 Beets 50 
 
 Green apples 50 
 
 Walnuts 50 
 
 Rhubarb 50 
 
 Hickory nuts 50 
 
 Chestnuts 50 
 
 Sec. 7026 (1913). Standard measurement of wood. — In all contracts 
 for sale of wood the term " cord " shall mean 128 cubic feet of wood, 
 in four-foot lengths; and if the sale is of " sawed wood," a cord shall 
 mean 110 cubic feet when ranked, or 160 cubic feet when thrown 
 
 irregularly or loosely into a conveyance for delivery to the pur- 
 chaser; and if the sale is of "sawed and split wood," a cord shall 
 
 Pounds 
 
 Tomatoes 50 
 
 Scarlet runner pole beans 50 
 
 White runner pole beans 50 
 
 Barley 48 
 
 MiUet 48 
 
 Hungarian-grass seed 48 
 
 Sweet corn 48 
 
 Cucumbers 48 
 
 Peaches 48 
 
 Broad Windsor beans 47 
 
 Carrots 45 
 
 Timothy seed 45 
 
 Pears 45 
 
 Parsnips 42 
 
 Spelt or spilts 40 
 
 Cranberries 36 
 
 Oats 32 
 
 Bottom onion sets 32 
 
 Dried apples 28 
 
 Dried peaches 28 
 
 Top onion sets 28 
 
 Peanuts 22 
 
 Blue grass 14 
 
 Orchard grass 14 
 
 Red-top seed 14 
 
 Plastering hair, unwashed 8 
 
 Plastering hair, washed 4 
 
 Lime (but if sold by the barrel the 
 
 weight shall be 200 pounds) 80 
 
 > For convenience in printing a slight change has been made in arrangement of these articles. 
 
414 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 mean 120 feet, when ranked, and 175 cubic feet when thrown irregu- 
 larly and loosely into a conveyance for delivery. 
 
 Sec. 7027. Standard weight of coal, charcoal and ice. — In all contracts 
 for the sale of coal, charcoal, and ice, the term "ton" shall mean 
 2,000 pounds. A sale of coal, charcoal and ice, except by weight, is 
 hereby prohibited. 
 
 Sec. 7028. Standard weight of flour. — In all contracts for the sale 
 of flour, the term " barrel " shall mean 196 net pounds avoirdupois. 
 
 Sec. 7029. Fractional parts. — All contracts for the sale of a frac- 
 tional part of a bushel, barrel, ton or cord of any article or com- 
 modity on which the legal weight or measurement per bushel, bar- 
 rel, ton or cord has been established, shall require and mean a like 
 fractional part of the legal and established weight or measurement 
 per bushel, barrel, ton or cord. 
 
 Sec. 7030. Penalty for violation. — Whoever, in buying, shall take 
 any greater number of pounds or cubic feet to the bushel, barrel, 
 ton or cord, as the case may be, than is herein allowed and provided, 
 or in selling, shall give any less number, shall be guilty of a "mis- 
 demeanor, and upon conviction thereof, shall be punished by a fine 
 of not less than ten dollars ($10) nor more than one hundred dol- 
 lars ($100), or by imprisonment for not less than ten (10) days nor 
 more than ninety (90) days in the county jail, and the cost of such 
 proceeding. 
 
 Sec. 7031. Variations; duty of railroad and warehouse commission. — 
 The railroad and warehouse commission shall establish uniform tol- 
 erances or reasonable variation to take care of unavoidable shrinkage, 
 and of scale variations in handling and weighing of any of the arti- 
 cles mentioned in this act. 
 
 Gen. Stats., 1923, ch. 9, p. 146. 
 
 Sec. 1186 (al909). Powers of council; markets; public scales. — -The 
 village council * * * shall have power to adopt, amend, or 
 repeal all such ordinances, rules, and by-laws as it shall deem expe- 
 dient for the following purposes: * * * 
 
 10. To establish and regulate markets, provide public scales, 
 appoint a weighmaster, and restrain sales in the streets. 
 
 Sec. 1861 (1907). Inspectors of meters. — That in addition to the 
 powers heretofore granted by law to the cities and villages in this 
 State, which power shall not be limited or abridged by the pro- 
 visions of this act, there is hereby granted to the council or govern- 
 ing board of any such city or village the power and authority to 
 appoint inspectors of gas, electric light, heat and water meters. 
 
 Sec. 1862. Duties, etc. — Such inspector shall have power and 
 authority to, at all reasonable hours, inspect and read any gas, 
 electric light, heat or water meters, whether the same be connected 
 with a plant owned by such 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 coun- 
 cil or governing board of any such city or village, or at the request 
 of any private owner or patron of any such gas, electric light, heat 
 or water plant, and such inspector — when requested or required so 
 to do — shall report upon the condition of any such meter and in 
 reference to such other matters concerning the same as shall be re- 
 quired of such inspector, that the term of office of such inspector 
 
MINNESOTA 415 
 
 shall not be for a longer period than two years and that the said 
 inspector's salary shall not exceed fifteen hundred dollars annually. 
 
 Sec. 1863. Salary. — The council or governing board of any such 
 city or village shall have the power and authority to fix and deter- 
 mine the compensation to be paid to or received by such inspector, 
 and his term of office. 
 
 Sec. 1921 (1905). Public wagon scales. — That any city containing 
 not to exceed ten thousand inhabitants, or any village or borough in 
 this State, is hereby authorized and empowered to maintain a public 
 wagon scales therein as hereinafter provided. 
 
 Sec. 1922. Acquisition and maintenance. — The common council of 
 any such municipality is hereby authorized and empowered to buy, 
 establish and maintain public wagon scales in such municipality, and 
 said council is hereby authorized and empowered to hire, buy and 
 maintain scales already in use in said municipality, the same to be 
 used and maintained as a public wagon scale in such municipality 
 for the public use therein. 
 
 Sec. 1923. Rules and regulations; duty of weighmaster ; compensa- 
 tion. — The common council of such municipality wherein such public 
 scales are maintained shall have control of such scales and shall 
 make such rules or regulations in regard to the maintenance and 
 use of the same as they shall deem proper, and said council shall 
 annually appoint a public weighmaster, whose duty it shall be to 
 have charge of such scales and properly weigh all articles and com- 
 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 arti- 
 cles 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 
 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. 1924. Scales to be tested; who may use. — Such scales shall be 
 tested, stamped and sealed by the sealer of weights and measures, 
 before being used, and as often thereafter as may be necessary. Any 
 person either buying or selling any article or commodity by weight 
 to be delivered in such municipality wherein such public scales are 
 maintained may have the same weighed upon such public scales by 
 paying the fee charged for weighing thereon. 
 
 Sec. 1925. Where not to apply. — Provided, That this act shall not 
 apply to any city having a charter which provides for a city weigh- 
 master. 
 
 Gen. Stats., 1923, ch. 21, p. 554. 
 
 Sec. 3792 (1921). When food is deemed to be misbranded.— The term 
 " misbranded " as used herein shall apply to all articles of food, or 
 articles which enter into the composition of food, the package or label 
 517—26 27 
 
416 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of which shall bear any statement, design or device regarding such 
 article, or the ingredients or substances contained therein which shall 
 be false or misleading in any particular, and to any food product 
 which is falsely branded as to the State, Territory or country in 
 which it is manufactured or produced. 
 
 For the purposes of this act an article shall also be deemed to be 
 misbranded — 
 
 In the case of food : * * * 
 
 Third. If in package form the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of net weight, measure or numerical count : Provided, however, 
 That reasonable variations may be permitted, and tolerances and 
 also exemptions as to small packages may be established, by rules 
 and regulations made in accordance with the provisions of sections 
 15, 16 and 17 of this act [3804, 3805, and 3806] : And provided fur- 
 ther, That the dairy and food commissioner shall have full authority 
 to determine when food is in package form. 
 
 Gen. Stats., 1923, ch. 28, p. 659. 
 
 Sec. 4668 (1907). Inspection of track scales. — The railroad and ware- 
 house commission shall have power to enforce reasonable regulations 
 for the weighing of cars and of freight offered for shipment in carload 
 lots. All track scales used by common carriers for the purpose of 
 weighing carload freight shall be under the control and jurisdiction 
 of the commission and subject to inspection, exempt from the juris- 
 diction of sealers of weights and measures. The entire cost of such 
 supervision and inspection shall be a proper charge against the com- 
 mon carriers interested in or owning the several scales, the same to 
 be paid upon a statement rendered by the commission. All moneys 
 collected shall be credited to the grain inspection fund. 
 
 Sec. 4669 (1909). Sealing device for scales. — The railroad and ware- 
 house commission, hereafter called the commission, is hereby au- 
 thorized and directed to inspect all sealing devices made for the pur- 
 pose of sealing scales known to be on the market, and to officially 
 approve any device considered by the commission to be a proper and 
 safe device to be used in the sealing of scales. 
 
 Sec. 4670. Sealing device, when required. — When directed to do so 
 by the commission, any person or company owning and operating a 
 scale under the jurisdiction of the commission is hereby required to 
 install such scale with some sealing device which has the official ap- 
 proval of the commission. 
 
 Sec. 4671. Penalty for failing to install; for tampering with. — Any 
 person or company failing within thirty days after notice to install 
 such sealing device when directed to do so by the commission, 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 tamper with, or cause 
 to be changed, broken or tampered with, the sealing device or sealing 
 thereof after the same has been properly installed and inspected by 
 some authorized agent of the commission. 
 
 Sec. 4672 (1921). Railroad and warehouse commission may require 
 scales installed. — After an investigation and hearing, upon its own 
 motion, the railroad and warehouse commission is hereby authorized 
 to require the installation of track scales at terminal warehouses 
 
MINNESOTA 417 
 
 where it shall find such installation to be practicable and to be 
 necessary for the prompt and economical weighing of grain and 
 grain products at such warehouses, provided that the expense of 
 such installation shall be borne by the owner of such warehouse. 
 
 Sec. 4673 (al913). Track scales may be ordered by commission, and 
 to be under its control. — The railroad and warehouse commission shall 
 have power to order in and require the installation of track scales 
 used by common carriers at all points in the State where the same 
 are deemed to be necessary, and enforce reasonable regulations for 
 the weighing of cars and of freight. 
 
 All track scales used by common carriers for the purpose of weigh- 
 ing carload freight shall be under the control and jurisdiction of 
 the commission and subject to Inspection, exempt from the jurisdic- 
 tion of sealers of weights and measures. The entire cost of such 
 supervision and inspection shall be a proper charge against the com- 
 mon carriers interested in or owning the several scales, the same to 
 be paid upon a statement rendered by the commission. All moneys 
 collected shall be credited to the grain inspection fund. 
 
 Sec. 4674. Carrier to move test car used by State free of charge. — 
 Every carrier shall transport, move, and switch to any track scale 
 in this State free of charge on the application of the commission or 
 its authorized agent, any test car used by the State in testing track 
 scales. 
 
 Sec. 4675 (1913). Test cars ordered purchased and master scale 
 ordered located. — The railroad and warehouse commission, herein- 
 after called the commission, is hereby authorized to purchase two test 
 cars, to be used in testing track scales, at a cost of not to exceed five 
 thousand dollars each; also erect on some railroad track in or near 
 Minneapolis, St. Paul, or Minnesota Transfer, where a permanent 
 free site can be procured, a master track scale with a building for 
 the same, to be used in testing and verifying the weights of test cars ; 
 scales and building not to cost to exceed seven thousand five hundred 
 dollars. 
 
 Sec. 4676 (1923). Track scales to be installed. — The railroad and 
 warehouse commission, hereinafter called the commission, is hereby 
 authorized to purchase and install a two-section master railroad 
 track scale, to be used in proving the correctness of railroad track 
 scale test cars, the commission also is authorized to repair and 
 extend the present master track scale house and railroad track, and 
 to alter and repair its railroad track scale test cars, at a total cost 
 for all such betterments of not to exceed twenty thousand dollars. 
 
 Sec. 4677. The commisison is hereby authorized to pay the cost of 
 the foregoing betterments from the grain inspection fund. 
 
 Sec. 4678 (1911). Weighing coal; track scales; powers of commis- 
 sion. — The railroad and warehouse commission shall have power to 
 enforce reasonable regulations for the weighing of cars of coal 
 offered for shipments in carload lots in this State, except coal 
 shipped by any person, company or corporation for their own use 
 or consumption. 
 
 All track scales now or hereafter used by common carriers or by 
 shippers of coal for the purpose of weighing carload lots of coal 
 shall be under the control and jurisdiction of and subject to inspec- 
 tion by such commission, and such scales over which the said com- 
 
418 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 mission assumes control and jurisdiction, shall be exempt from the 
 jurisdiction of sealers of weights and measures. 
 
 Sec. 4679. Same; duty of commission. — Such commission shall cause 
 to be weighed all coal shipped in carload lots from any coal dock or 
 coal distributing point in the State of Minnesota, except coal 
 shipped therefrom by any person, company or corporation for their 
 own use or consumption. 
 
 Sec. 4680. Same ; weighmasters and weighers. — The commission shall 
 appoint such weighmasters and weighers as may be necessary to 
 carry the provisions of this act into effect. Such weighmasters and 
 weighers shall each give bond to the State of Minnesota in the 
 sum of five thousand ($5,000) dollars, conditioned for the faithful 
 discharge of his duty, and such we'ighmaster and weighers shall 
 have authority to carry out and perform their duties hereunder, 
 pursuant to such rules and regulations as shall be prescribed by such 
 commission and shall pursuant thereto control and supervise the 
 weighing of all coal herein required to be weighed by such com- 
 mission. 
 
 Sec. 4681. Same; fees. — The fees for such weighing shall be fixed 
 by the commission and shall be paid by the person, firm or corpora- 
 tion making such shipment. 
 
 Sec. 4682. Same; other sections applicable. — All of the provisions of 
 sections numbered 5047-5052, 5054, 5057, 5058, 5060, and all acts and 
 parts of acts amendatory thereof and supplementary thereto, as re- 
 lating to grain, shall be construed as a part of this act and as relat- 
 ing to coal and coal shipments in carload lots, required to be weighed 
 in accordance with the provisions of this act, so far as applicable 
 hereto. 
 
 Sec. 4683 (1913). Stock scales in stock yards; powers of commission. — 
 The railroad and warehouse commission shall have the power to order 
 in and require the installation and maintenance of stock scales at all 
 stock yards in the State where the same are deemed to be necessary, 
 and to fix the capacity of said scales, which said scales shall be for 
 the free use of all patrons of such stockyards, shipping livestock 
 from, into or through such stockyards. 
 
 Sec. 4684. Private scales prohibited. — All railroad companies main- 
 taining stockyards at railroad stations within this State shall within 
 ninety (90) days after the passage of this act and thereafter pro- 
 hibit the installation or maintenance of scales of any kind belonging 
 to any person, corporation or firm other than railroad companies as 
 provided in section one [4683] of this act, and the installation, use 
 and maintenance of such private scales in such stockyards is hereby 
 prohibited. 
 
 Sec. 4685 (1919). Appointment of weighers; bond. — The railroad and 
 warehouse commission shall appoint at public stockyards such 
 weighers as may be necessary for the purpose of weighing livestock. 
 Every such weigher shall give to the State a bond in the sum of five 
 thousand dollars ($5,000) conditioned for the faithful discharge of 
 his duty. 
 
 Sec. 4686. Reports; certificates. — Such weighers shall report daily 
 to the supervisor of stockyards all weights taken by them in such 
 form as he may prescribe. The supervisor of stockyards shall fur- 
 nish to interested parties a certificate setting forth the number of 
 
MINNESOTA 419 
 
 animals weighed, for whose account weighed, and the actual weight 
 of such animal or animals. Such certificate shall be prima facie 
 evidence of the facts therein certified. 
 
 Sec. 4687 (al921). Fees; where deposited. — The commission shall 
 prescribe the fee necessary to cover the cost of supervision and 
 weighing to be assessed and collected in such manner as the com- 
 mission may prescribe. All moneys so collected shall be deposited 
 in the State treasury and known as the " livestock weighing fund," 
 and paid out only on order of the commission and the auditor's war- 
 rant. The interest from such deposits of said moneys shall be 
 credited on the 1st day of each month of such fund, and notice of 
 the amount of such interest shall be sent to the commission. 
 
 Sec. 4688 (1919). Weighers' qualifications. — No such weigher shall 
 during his term of service be in any manner interested in the han- 
 dling, shipping, purchasing or selling of live stock, nor in the em- 
 ployment of any person or corporation engaged therein, nor shall he 
 be a member of any live stock exchange or organization of like 
 character. 
 
 Sec. 4690. Appointment may be revoked. — Upon written complaint 
 filed with the commission, charging any such weigher with official 
 misconduct, inefficiency, incompetency, or neglect of duty, the com- 
 mission shall investigate such charge, and if it be sustained, shall 
 remove such officer. 
 
 Sec. 4691. Penalty. — Any person not duly appointed and qualified, 
 who shall assume to act as such weigher, shall be guilty of misde- 
 meanor and be punished by a fine of not less than fifty dollars nor 
 more than one hundred dollars. 
 
 Sec. 4692. False weights or certificates; penalties. — Any weigher who 
 shall knowingly or carelessly weigh any live stock improperly, or 
 give any false certificates of weight, or accept money or other con- 
 sideration, directly or indirectly, for an}' neglect or improper per- 
 formance of duty, or who shall be guilty of any neglect of duty, and 
 any person who shall improperly influence, or attempt to influence, 
 any such officer in the performance of his official duty, shall be guilty 
 of a gross misdemeanor and shall be punished by a fine of not less 
 than one hundred dollars nor more than one thousand dollars, or 
 imprisonment in the county jail for not less than thirty days nor 
 more than one year, or by both such fine and imprisonment. 
 
 Sec. 4693. Terms prohibited. — Any person who is not connected with 
 the State weighing department is hereby prohibited from using the 
 term " supervisor of weights " or " State weigher," any representa- 
 tion of the seal of the State, or any other words or device calculated 
 or tending to indicate that the certificate or receipt is issued under 
 State authority, or to otherwise deceive or mislead the public or any 
 person interested, when issuing certificates or receipts purporting to 
 show the weight of live stock. 
 
 Any person found guilty of violating any of the provisions of 
 this section shall be guilty of a misdemeanor.' 
 
 Sec. 4694. Interference with supervisor or weigher. — Any person or 
 corporation who shall obstruct any State supervisor or weigher in 
 the performance of his official duties by preventing his proper access 
 to the scales used in the weighing of live stock or otherwise, shall 
 forfeit to the State one hundred dollars for each offense. 
 
420 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 5028 (al923). Inspection of scales. — All scales in such terminal 
 warehouses, or used for weighing grain in railroad yards at terminal 
 points, shall be under the control of the State weighmasters and 
 subject to inspection by them, exempt from the jurisdiction of sealers 
 of weights and measures. They shall be inspected at the request 
 of any person interested in any grain weighed or to be weighed 
 thereon. If found incorrect, the cost of inspection shall be paid by 
 the owner thereof; otherwise by the person requesting inspection. 
 No scales found incorrect shall be used until reexamined and found 
 correct. 
 
 Sec. 5045 (1895). Weighmasters and weighers. — The commission 
 shall appoint at each terminal point a State weighmaster and such 
 weighers as may be necessary, who shall have the control of the 
 weighing of all grain subject to State inspection, except when other- 
 wise ordered by the party shipping the same. Every such weigh- 
 master and weigher shall give bond to the State in the sum of five 
 thousand dollars, conditioned for the faithful discharge of his duty. 
 
 Sec. 5046. Weighmaster's records and certificates. — All weighmasters 
 and weighers shall keep such records as may be prescribed by the 
 commission, and shall furnish to any person for whom weighing is 
 done a certificate under his hand, showing the amount of each weight, 
 the number and initial letter or other distinctive mark of each car 
 weighed, place and date of weighing, and contents of car. Such 
 certificate shall be prima facie evidence of the facts therein certified. 
 
 Sec. 5047. Fees. — The fees for inspection and weighing shall be 
 fixed by the commission, and shall be a lien upon the grain. If the 
 grain is in transit, such fees shall be paid by the carrier and treated 
 as advance charges, and, if received i'or storage, by the warehouse- 
 man, and added to the storage charges. * * * 
 
 Sec. 5048 (1907). Qualifications of inspectors and weighmasters. — No 
 member of a board of appeals, chief or deputy inspector, weigh- 
 master, or weigher shall during his term of service be in any way 
 interested in the handling, storing, shipping, purchasing or selling 
 of grain, or any of its products, nor in the employment of any person 
 or corporation engaged therein, nor shall he be a member of any 
 board of trade or organization of like character. 
 
 Sec. 5050. Removal of inspectors and weighmasters. — Upon written 
 complaint filed with the commission, charging any inspector, deputy 
 inspector, weighmaster, or weigher with official misconduct, ineffi- 
 ciency, incompetency, or neglect of duty, the commission shall in- 
 vestigate such charge, and, if it be sustained, shall remove such 
 officer. 
 
 Sec. 5051. Penalties; personating inspector. — Any person not duly- 
 appointed and qualified, who shall assume to act as a State inspector 
 or deputy inspector of grain, shall be guilty of a misdemeanor and 
 be punished by a fine of not less than fifty dollars nor more than 
 one hundred dollars. 
 
 Sec. 5052. Misconduct of inspectors and weighmasters. — Any in- 
 spector or deputy inspector, weighmaster or weigher, who shall 
 knowingly or carelessty inspect or weigh any grain improperly, or 
 give any false certificate of inspection or weight, or accept money 
 or other consideration, directly or indirectly, for any neglect or im- 
 proper performance of duty, or who shall be guilty of any neglect of 
 
MINNESOTA 421 
 
 duty, and any person who shall improperly influence, or attempt to 
 influence, any such officer in the performance of his official duty, 
 shall be guilty of a gross misdemeanor and shall be punished by a 
 fine of not less than one hundred dollars nor more than one thousand 
 dollars, or imprisonment in the county jail for not less than thirty 
 days nor more than one year, or by both such fine and imprisonment. 
 
 Sec. 5053. Certificates not issued under State authority; use of certain 
 words prohibited. — Any person who is not connected with the State 
 weighing department is hereby prohibited from using the term 
 " weighmaster," " State weighmaster," any representation of the 
 seal of the State, or any other words or device calculated or tending 
 to indicate that the certificate or receipt is issued under State au- 
 thority, or to otherwise deceive or mislead the public or any person 
 interested, when issuing certificates or receipts purporting to show 
 the weight of grain, hay or straw : Provided, That where weighing 
 is done under the authority of the charter or an ordinance of any 
 city or village, or under the auspices of any incorporated chamber 
 of commerce, board of trade or exchange, any certificate or receipt 
 issued therefor shall on its face plainly show its source and the signa- 
 ture of the person signing the same shall be followed by a designa- 
 tion plainly showing the capacity in which the said signer is acting, 
 and the term " weighmaster " may be a part of such designation : 
 Provided, further, That every such certificate or receipt issued by 
 anyone other than the duly authorized representatives of the State 
 weighing department, shall have plainly stamped or printed across 
 its face in red ink in letters not less than one-quarter of an inch 
 high, the words, "This Certificate is Not Issued Under State Au- 
 thority." 
 
 Sec. 5054. Same; penalty for violation. — Any person found guilty 
 of violating section 1 [section 5053] of this act shall be guilty of a 
 misdemeanor. 
 
 Sec. 5055. Obstructing weighmaster. — Any person or corporation 
 who shall obstruct any State weighmaster or weigher in the per- 
 formance of his official duties, by preventing his proper access to the 
 scales used in the weighing of grain or otherwise, shall forfeit to the 
 State one hundred dollars for each offence. 
 
 Sec. 5066 (1923). Warehouseman shall keep record. — Every public 
 local grain warehouseman shall keep in proper books a record of all 
 grain received, stored or shipped, stating the weight, grade, dockage 
 for dirt or other cause, and the name of the owner. 
 
 Sec. 5067. Standard weights to be used. — No person purchasing, sell- 
 ing, or storing grain in any public local grain warehouse in this 
 State, as the same is now or may be hereafter defined by law, shall 
 use any other measure for such grain than the standard bushel, and 
 no other number of pounds shall be used or called a bushel than the 
 number of pounds provided by law as the standard weight of the 
 kind of grain in question: Provided, Tiotoever, That during the 
 months of October and November not exceeding eighty pounds and 
 during the months of December and January not exceeding seventy- 
 two pounds may be so used as the standard bushel of new ear corn. 
 
 Sec. 5093 (1909). Inspection and weighmaster's certificates. — Every 
 elevator company, corporation, copartnership, association, or indi- 
 vidual, operating any elevator, building, or place in this State for 
 
 
422 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the purchase, storage or deposit of any grain or other farm com- 
 modity, shall be entitled to receive from, and shall demand of, the 
 officer whose duty it is to issue the same, the official certificate of in- 
 spection in duplicate, together with the weighmaster's certificate 
 in duplicate for any grain or other farm commodity shipped from 
 any such elevator, building or place and inspected and weighed as 
 provided by the laws of this State. 
 
 Sec. 5106, as amended by Laws, 1925, ch. 177, p. 172. Live-stock 
 scales.— Any person, firm or corporation shall have the right to use 
 as a site for a public elevator, warehouse, coal shed, ice house, buying 
 station, selling station, or weighing scales or other instrumentalities 
 for weighing livestock, or use ground space, for receiving, storing or 
 distributing any article of commerce, transported or to be trans- 
 ported, a proper portion of the right of way of any railroad within 
 the outside switches at any station or siding upon the payment of 
 reasonable compensation therefor. 
 
 Sec. 5107, as amended by Laws, 1925, ch. 177, p. 172. Procurement of 
 site. — Any such person, firm or corporation desiring to construct, 
 operate or use a public elevator, warehouse, coal shed, ice house, 
 buying station, selling station, or weighing scales or other instru- 
 mentalities for weighing livestock, or use ground space for receiving, 
 storing or distributing any article of commerce transported or to be 
 transported, or to continue the use and operation of any such build- 
 ings, structures, instrumentalities or ground space where the same 
 are already constructed or used, upon such right of way of any rail- 
 road, if unable to agree with the person, firm or corporation operat- 
 ing such railroad upon the site for such buildings, structures, instru- 
 mentalities and ground space, or the compensation to be paid 
 therefor, may file a verified complaint with the railroad and ware- 
 house commission setting forth the facts and requesting the commis- 
 sion to establish the location of the site for such buildings, structure, 
 instrumentalities and ground space or the compensation to be paid 
 therefor, or both, as the case may be. Such complaint shall be served 
 upon such railroad company and twenty days, exclusive of the day 
 of such service, shall be allowed for answer. After the time for 
 answering has expired the commission shall fix the time and place 
 for hearing and give at least ten days' notice thereof to both parties. 
 
 Sec. 5210 (1905). Terminal points; weighing and inspection of hay, 
 etc. — Terminal points as designated by this act shall mean the cities 
 of St. Paul, Minneapolis, Duluth and South St. Paul. 
 
 Sec. 5211. Public hay tracks. — The railroad and warehouse commis- 
 sion, hereinafter designated " the commission," shall designate at con- 
 venient places, on the several lines of railway entering terminal 
 points in this State, tracks to be known as public hay tracks. The 
 different railway companies either separately or jointly are hereby 
 required to provide suitable tracks to meet the requirements of this 
 act. Such public hay tracks may be established on each individual 
 line of railway, or they may be so established as to serve for two 
 or more railways. 
 
 Sec. 5212. Delivery at tracks. — All hay and straw shipped to ter- 
 minal points unless otherwise directed by the consignor shall, by 
 the common carrier transporting the same, be brought to and de- 
 livered at one or another of such public hay tracks, for the purpose 
 of being weighed and inspected as hereinafter provided. 
 
MINNESOTA 423 
 
 Sec. 5213 (al911). Weighing; weighing empty, no charge for. — All 
 hay and straw so received shall be weighed and inspected by duly 
 appointed weighers and inspectors of hay and straw under such 
 rules and regulations as the commission shall establish. 
 
 All carriers shall return, free of switching charge for weighing 
 empty, all cars not reconsigned that have been weighed loaded 
 with hay or straw, to the scale on which the same was weighed, or 
 some other scale under the charge of the State, used for weighing 
 hay and straw. Weight on reconsigned cars may be had by the 
 use of the weight of the loaded car and the marked stencilled 
 weight on the car. Any carrier failing to comply with any ©f the 
 provisions of this act shall be subjected to a penalty of twenty-five 
 dollars ($25) to be recovered by the aggrieved shipper. 
 
 Sec. 5214 (1905). Track scales; control of State weighmasters. — It 
 shall be the duty of all common carriers transporting hay to such 
 terminal points to construct and maintain at such public hay tracks 
 as may be established by the commission, suitable track scales of 
 such size and capacity as the 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. All scales 
 at such hay tracks shall be under the control of State weighmasters 
 and subject to inspection by them, exempt from the jurisdiction of 
 sealers of weights and measures. They shall be inspected at the 
 request of any person interested in any hay or straw to be weighed 
 thereon. If found incorrect the cost of inspection shall be paid 
 by the owner thereof; otherwise by the person requesting inspection. 
 No scales found incorrect shall be used until re-examined and found 
 correct : Provided, That nothing in this act shall be so construed as 
 to prevent the use of such scales by the owner for the purpose of 
 weighing any other commodities in carload lots. 
 
 Sec. 5215. Appointment of weighers and inspectors; reinspecting ; 
 board of final review.— The commission shall appoint a suitable 
 number of persons to perform such weighing and inspecting of hay 
 and straw. Such weighers and inspectors shall be under the imme- 
 diate supervision of the chief inspector of grain. In case of dis- 
 satisfaction of any interested person with the official acts of any 
 inspector reinspecting may be had upon application to the afore- 
 said chief inspector of grain or either of his chief deputies. A final 
 appeal from the decision of said chief inspector of grain or his 
 deputy inspectors may be made to the board of final review, to be 
 provided for by the commission under the rules it shall establish. 
 The decision 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 final review when it appears that owing to the manner in 
 which cars of hay or straw were loaded it was impossible for the 
 inspector to obtain a fair sample. 
 
 Sec. 5216. Rules and regulations. — The commission shall adopt all 
 necessary rules and regulations for the Aveighing and inspecting of 
 hay and straw at such terminal points. 
 
 Sec. 5217. Penalty for interfering with weighers or inspectors. — In 
 case any person or railway corporation or any of their agents or 
 employes shall refuse or prevent the aforesaid weighers and inspectors 
 
424 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of hay and straw from having free access to their scales and tracks 
 in the regular performance of their duties as such weighers or in- 
 spectors of hay and straw, they shall forfeit to the State of Minne- 
 sota the sum of one hundred dollars for each offense, such penalty 
 or forfeiture to be paid to the State treasurer for the benefit of the 
 hay inspection fund hereinafter created, and shall also be required to 
 paj' all costs of prosecution. * * * 
 
 Sec. 5218. Removal of weighers. — The chief inspector of grain shall 
 have the power to remove any of said weighers or inspectors of 
 hay and straw at pleasure. 
 
 Sec. 5219. Fee; compensation. — Such weighers and inspectors of 
 hay and straw shall be governed in the performance of their duties 
 by such rules and regulations as may be provided by the commis- 
 sion; the commission shall have power to fix the rate of charges for 
 the weighing and inspecting of hay and straw and the manner in 
 which the same shall be collected, which charges shall be regulated 
 in such manner as will in the judgment of the commission produce 
 sufficient revenue to meet the necessary expenses of the weighing 
 and inspecting service, and no more; the commission shall fix the 
 amount of compensation to be paid to the weighers and inspectors 
 of hay and straw and prescribe the time and manner of payment 
 thereof, which compensation shall be paid out of a hay inspection 
 fund, hereinafter created, on the order of the commission. 
 
 Sec. 5220. Disqualifications. — No weigher nor inspector of hay or 
 straw nor any of the sureties on their bond, or bonds .as the case 
 may be, shall during his term of service be in any way interested in 
 the handling, storing, shipping, purchasing or selling of hay or 
 straw, or any of their products, nor in the employment of any per- 
 son or corporation engaged therein, nor shall they be members of 
 any board of trade or organization of like character. 
 
 Sec. 5221. Removal of weighers. — Upon complaint in writing of any 
 person to the commission, supported by reasonable and satisfactory 
 proof that any weigher or inspector of hay and straw has violated 
 any of the rules prescribed for his government, or has been guilty 
 of any improper official act, or has been found inefficient or incompe- 
 tent for the duties of this position, such person shall be by the com- 
 mission immediately removed from office. 
 
 Sec. 5222. Penalty for impersonation. — Any person not duly ap- 
 pointed and qualified, who shall assume to act as a weigher or in- 
 spector of hay and straw, shall be guilty of a misdemeanor and be 
 punished by a fine of not less than fifty nor more than one hundred 
 dollars. 
 
 Sec. 5223. Penalty for neglect and bribery. — Any duly authorized 
 weigher or inspector of hay and straw who shall be guilty of any 
 neglect of duty or who shall knowingly or carelessly weigh or in- 
 spect any hay or straw improperly, or who shall accept any money or 
 other consideration, directly or indirectly, for any neglect of duty 
 or any improper performance of duty as such weigher or inspector 
 of hay and straw, or any person who shall improperly influence or 
 attempt to influence any weigher or inspector of hay and straw in the 
 performance of his duties as such weigher or inspector, as the case 
 may be, shall be deemed guilty of a misdemeanor and on conviction 
 thereof shall be fined not less than one hundred dollars nor more than 
 one thousand dollars or shall be imprisoned in the county jail not 
 
MINNESOTA 425 
 
 less than thirty days nor more than one year, or both, in the discre- 
 tion of the court. 
 
 Sec. 5227. Weighers to keep record. — All weighers of hay and straw 
 provided for by this act shall be required to make true weights un- 
 der 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 accu- 
 rate 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. 
 
 Sec. 5228. Certificates. — Said weighers and inspectors of hay and 
 straw shall give upon request of any person interested certificates 
 under their hand and seal showing the amount of each weight, or if 
 inspected, the grade, number of car or cars weighed or inspected, if 
 any, the initial of said car or cars, hay yard where weighed or in- 
 spected, date of weighing or inspecting and contents of car: Pro- 
 vided, That such certificate of weights shall be admitted in all actions 
 either at law or in equity as prima facie evidence of the facts therein 
 contained, and as prima facie evidence that any contract of sale and 
 purchase of such hay was made upon such weights and grades, but 
 the effect of such evidence may be rebutted by other competent 
 testimony. 
 
 Sec. 5230. Supervision. — It shall be the duty of the commission to 
 assume and exercise a constant supervision over the hay and straw 
 interests of this State; to supervise the handling, weighing, inspect- 
 ing 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 regidations 
 ma,y be necessary to enforce the provisions of this act, or any law 
 in this State in regard to the same; to investigate all complaints of 
 fraud or oppression in the hay and straw trade, and to correct the 
 same as far as may be in their power. 
 
 Sec. 5263 (1919). Weight of hay and corn. — It shall be unlawful 
 for any public stockyards operator to sell and deliver at the rate 
 of less than two thousand pounds for a ton of hay or any part 
 thereof, or to sell and deliver less than seventy pounds 2 of corn 
 in the ear for a bushel or less than fifty-six pounds of shelled corn 
 for a bushel. 
 
 Gen. Stats., 1923, ch. 21, p. 554. 
 
 Sec. 3815 (1921). Standard measure for milk and cream. — All milk or 
 cream received or purchased for the purpose of manufacturing the 
 same into butter or cheese, or condensing or drying the same, shall be 
 received or purchased by weight, and payment therefor shall be 
 upon the basis of the butter fat contained therein. The standard 
 pipette for measurement of milk shall have a capacity of seventeen 
 and six-tenths cubic centimeters and the standard for the measurement 
 of cream shall be eighteen grams by weight. The standard test tube 
 or bottle for testing milk shall have a capacity between zero and 
 
 i See also sec. 5087, 
 
426 LAWS CONCERNING WEIGHTS AND MEASUBES 
 
 ten on the graduated scale, marked on the neck thereof, of two cubic 
 centimeters of mercury, at a temperature of 60 degrees Fahren- 
 heit, and the standard test tube or bottle for testing cream shall 
 have a capacity of six cubic centimeters of mercury, at the same 
 temperature, between zero and thirty on the scale. Any person 
 who shall use any other measuring pipette, test tube or bottle for 
 measuring or testing milk or cream sold or purchased at prices 
 determined by the portion of butterfat contained therein; any per- 
 son who shall manufacture or sell a cream or milk pipette, test 
 tube or bottle which is not correctly marked or graduated as herein 
 provided; any person who shall use or employ any other appliance 
 than the Babcock test for ascertaining the butterfat content of 
 milk or cream ; any person who shall underread, overread, or other- 
 wise falsify or manipulate the reading of such test, or who shall 
 falsely state, certify or use in the purchase or sale of milk or cream 
 a misreading of such test, whether the test or actual reading shall 
 have been made by such person or by any other person, shall be 
 deemed guilty of a misdemeanor. 
 
 Sec. 3875 (1919). Feeding stuffs, net weight to be shown. — Any person, 
 company, corporation or agent who shall sell, offer, or expose for 
 sale or distribution in this State, any concentrated commercial feed- 
 ing stuffs shall affix, or cause to be affixed, to every package or sample 
 of such concentrated commercial feeding stuffs, in a conspicuous 
 place on the outside thereof, a tag or label which shall be accepted 
 as a guarantee of the manufacturer, importer, dealer, or agent, and 
 which shall have plainly printed thereon in the English language, 
 the number of net pounds of concentrated commercial feeding stuffs 
 in the package, the name, brand or trade-mark under which the 
 concentrated commercial feeding stuffs are sold, the name of the 
 manufacturer, the location of the principal office of the manu- 
 facturer, * * * 
 
 Sec. 3896 (1915). Commercial fertilizers; weight to be marked. — 
 That any person, firm or corporation who shall offer, sell or expose 
 for sale, in the State of Minnesota, any commercial fertilizer the 
 price of which exceeds five dollars ($5) per ton, shall affix to every 
 package, in a conspicuous place on the outside thereof, or furnish 
 to the purchasers of goods sold in bulk, a plainly printed certificate, 
 naming the materials, including the filler, if any, of which the fer- 
 tilizer is made, stating the number of pounds in the package sold, the 
 name or trade-mark under which the article is sold, the name of the 
 manufacturer and the place of manufacture ; * * * 
 
 Gen. Stats., 1923, ch. 21A, p. 573. 
 
 Sec. 3966 (1913). Construction of term " cotton duck."— That for the 
 purpose of this act cotton duck or canvas shall be deemed to include 
 all cotton duck or canvas, whether single filling, double filling, army 
 roll or wide duck. 
 
 Sec. 3967. What shall constitute one yard. — That for the purposes 
 of this act, the equivalent of thirty-six (36) inches in length by 
 twenty-nine (29) inches in width, or seven and one-fourth (7*4) 
 square feet of cotton duck or canvas shall constitute a yard, and 
 an ounce shall be one-sixteenth part of a pound avoirdupois. 
 
 Sec. 3968. Correct weight and contents to be branded on article sold. — 
 Any person, company or corporation who shall manufacture for sale 
 
MINNESOTA 427 
 
 or who may offer or expose for sale any cotton duck or canvas or 
 any article other than clothing and wearing apparel composed or 
 made in whole or in part of cotton duck or canvas, shall distinctly 
 and durably stamp, brand or mark thereon the true and correct 
 weight of such cotton duck or canvas, by ounces per yard, together 
 with a description by name of any filler or other preparation placed 
 in or on said cotton duck or canvas since its manufacture. 
 
 Sec. 3969. Unlawful to sell same unless branded as above. — It shall be 
 unlawful for any person or corporation either individually or in 
 any representative capacity, to carry for sale, sell or endeavor to 
 sell any cotton duck or canvas as herein defined, or any articles other 
 than clothing and wearing apparel, composed or made in whole 
 or in part of any cotton duck or canvas without having marked 
 thereon the true and correct weight of said canvas or cotton duck by 
 ounces per yard, together with a description by name of any filler or 
 other preparation placed in or on said cotton duck or canvas since its 
 manufacture, or to misstate, misrepresent or conceal the true weight 
 of said canvas or cotton duck by ounces per yard, or to misstate, 
 misrepresent or conceal the existence of any filler or other prepara- 
 tion placed in or on said cotton duck or canvas since its manufac- 
 ture. 
 
 Sec. 3970. Concealing or misstating correct size unlawful. — It shall be 
 unlawful for any person or corporation either individually or in 
 representative capacity, selling, carrying for sale or endeavoring 
 to sell any awnings, paulins, wagon covers, tents, grain and hay 
 covers, stable or tent tops, to misstate or misrepresent or conceal 
 the true and correct size and dimensions thereof. 
 
 Sec. 3971. Unlawful to deface mark. — It shall be unlawful for any 
 person to deface, mutilate, obscure, conceal, efface, cancel or remove 
 any mark provided for by this act, or cause or permit the same to 
 be done with intent to mislead, deceive or to violate any of the provi- 
 sions of this act. 
 
 Sec. 3972. Penalty for violation. — Any person, company or corpora- 
 tion violating any of the provisions of this act shall be deemed 
 guilty of a misdemeanor and on conviction thereof shall for the first 
 offense be punished by a fine of not less than twenty-five dollars 
 ($25.00) nor more than fifty dollars ($50.00) and for each subse- 
 quent offense by a fine of not less than fifty dollars ($50.00) nor 
 more than one hundred dollars ($100.00). 
 
 Gen. Stats., 1923, ch. 101, p. 1413. 
 
 Sec. 10401°. Use of false weights a misdemeanor. — Every person 
 who shall injure or defraud another by using, with knowledge that 
 the same is false, a false weight, measure, or other apparatus for de- 
 termining 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 viola- 
 tion of the foregoing provisions of this section; or who shall know- 
 ingly mark or stamp false or short weights or false tare on any cask 
 or package, or knowingly sell or offer for sale any cask or package 
 so marked — shall be guilty of a misdemeanor. 
 
428 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 10402 (1913). Containers for small fruits to be of legal size. — It 
 shall be unlawful for any person to sell, offer for sale, or give away, 
 any containers for the distribution of berries or small fruits in less 
 quantities than one bushel, unless said containers are of the capacity 
 of one quart, one pint, or one-half pint, or multiples of a quart 
 standard dry measure, and all sales of raspberries, blackberries, blue- 
 berries, currants, gooseberries, strawberries, and similar berries, and 
 all plums, cherries and similar small fruit, in less quantities than one 
 bushel shall be by dry measure, or in containers as above specified. 
 The possession of containers for berries or small fruit shall be pre- 
 sumptive evidence that they were to be used for distribution. 
 
 Sec. 10403. Not to be refilled; violation a misdemeanor. — In no case 
 shall said containers be refilled for use in the sale of berries or small 
 fruits of any kind whatsoever. 
 
 Sec. 10404. Penalty. — Any person violating the provisions of this 
 law shall be guilty of a misdemeanor and punished by a penalty of 
 not less than ten dollars nor more than one hundred dollars, or by 
 imprisonment in the county jail for not less than ten days nor more 
 than ninety days. 
 
MISSISSIPPI 
 
 Hemingway's Ann. Code, 1917, ch. 72, p. 1605. 
 
 Sec. 3346 (1914). That the standards of the weights and measures 
 of this State as given below shall be deposited with the secretary of 
 state and also at the different State institutions of learning, and the 
 secretary of state and the proctors of those institutions are author- 
 ized to confirm and seal all weights and measures brought to them, 
 and to receive the fees therefor. And on all sales by weight of the 
 agricultural products hereinafter named the number of pounds per 
 bushel or the number of pounds per gallon as stated in the following 
 schedule shall be the true and legal standard weight, viz : 1 
 
 Pounds 
 
 Wheat, per bushel 60 
 
 Corn, in the ear 2 72 
 
 Corn, shelled, per bushel 56 
 
 Rye, per bushel 56 
 
 Buckwheat, per bushel 48 
 
 Barley, per bushel 48 
 
 Oats, per bushel 32 
 
 Peas, per bushel 60 
 
 White beans, per bushel 60 
 
 Castor beans, per bushel 46 
 
 Irish potatoes, per bushel 60 
 
 Sweet potatoes, per bushel 54 
 
 Onions, per bushel 57 
 
 Turnips, per bushel 55 
 
 Dried peaches, per bushel 33 
 
 Dried apples, per bushel 26 
 
 Clover seed, per bushel 60 
 
 Flax seed, per bushel 56 
 
 Millet seed, per bushel 50 
 
 Hungarian grass seed, per bushel. 50 
 
 Timothy seed, per bushel 45 
 
 Blue grass seed, per bushel 14 
 
 Sec. 3347. Penalty for using short weights or measures. — That it is 
 hereby made a misdemeanor for any person or corporation to sell or 
 buy any of the foregoing commodities on short weights in violation 
 of the above schedule of rates and any such person or corporation 
 upon conviction shall be punished by a fine of not less than five nor 
 more than fifty dollars. 
 
 Sec. 3348°. Contracts. — All contracts for work or labor done, or 
 anything to be sold and delivered, will be construed to have been 
 made according to the standards, unless the parties stipulate to the 
 contrary. 
 
 Sec. 3349. Standard for counties and cities. — The board of super- 
 visors of every county, and the mayor and board of aldermen of 
 every city, may procure the standards of weights and measures, duly 
 
 Pounds 
 
 Hemp seed, per bushel 44 
 
 Salt, per bushel 50 
 
 Corn meal, per bushel 48 
 
 Ground peas, per bushel 24 
 
 Malt, per bushel 38 
 
 Bran, per bushel 20 
 
 Stone coal, per bushel 80 
 
 Lime, unslacked, per bushel 80 
 
 Sorghum seed, per bushel 42 
 
 Corn meal, bolted, per bushel 44 
 
 Corn meal, unbolted, per bushel- _ 
 Flour, in barrels, per barrel, net__ 
 
 Flour, in half barrels, net 
 
 Flour, in one-fourth barrel sacks, 
 
 net 
 
 Flour, in one-eighth barrel sacks, 
 
 net 
 
 Meal, in barrels, net 200 
 
 Sorghum, per gallon 11 
 
 Louisiana cane molasses, per 
 
 gallon 11 
 
 Cotton seed 3 32 
 
 196 
 98 
 
 48 
 
 24 
 
 1 For convenience In printing a slight ch8nge has heen made in arrangement of these 
 articles. 
 
 »See Laws, 1923, ch. 114, p. 108, infra. 
 •See sec. 3352. 
 
 429 
 
430 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 sealed by the secretary of state or some proctor, and consisting of 
 one weight of fifty pounds, one of twenty-five pounds, one of four- 
 teen pounds and one of seven pounds; two of four pounds, two of 
 two pounds, and two of one pound, avoirdupois; one measure of 
 one yard, and one of one foot, cloth measure; one measure of half a 
 bushel, one of one peck, and one of one-half peck, dry measure ; one 
 measure of one gallon, one of a half gallon, one of one quart, one of 
 one pint, and one of one gill, wine measure. 
 
 Sec. 3350. Inspector of provisions to be keeper of standards; sealing 
 and fees. — The inspector of provisions appointed for the county or 
 city shall be the keeper of the standards of weights and measures, 
 and shall seal by such standards all measures brought to him; but 
 if there be no such officer, the clerk of the circuit court and the 
 clerk of the city shall be respectively keepers of the standards for 
 the county and city, and shall seal weights and measures brought 
 to them, and receive the fees allowed. 
 
 Sec. 3351. Stamps for sealing measures. — The boards of supervisors 
 and mayors and boards of aldermen shall respectively provide the 
 proper stamps or brands with which to seal weights and measures. 
 
 Sec. 3352. Cotton seed. — Unless otherwise agreed upon, a bushel of 
 cotton-seed shall be thirty-two pounds avoirdupois. 
 
 Sec. 3353 (1908). Coal" ton of; box or barrel of.— The standard 
 weight of coal shall and is hereby established at two thousand 
 (2,000) pounds to the ton, or two hundred (200) pounds to the box 
 or barrel, and unless otherwise agreed upon, coal shall be sold by 
 the ton of two thousand pounds, or the box or barrel of two hundred 
 pounds. 
 
 Sec. 3354°. Measures of charcoal. — Unless otherwise agreed upon, 
 charcoal shall be sold by measure, and the measure of charcoal shall 
 be a barrel of the capacity of three and one-quarter bushels. 
 
 Sec. 3355. Measure of saw logs, etc. — The table known as " Scribner's 
 lumber and log book by Doyle's rule " is the standard rule of measure- 
 ment by which sawlogs and square timber shall be measured. The 
 use of any other rule of measurement is unlawful; and any person 
 who shall use any other rule which gives a less number of feet in a 
 given log, shall be guilty of a misdemeanor, and punished accord- 
 ingly, and be liable to any person injured for triple damages. 
 
 Sec. 3356. Dealers to have none but sealed measures. — When ' the 
 county or city is supplied with the standards of weights and meas- 
 ures, 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, more- 
 over, forfeit ten dollars for every day he may have any unsealed 
 weight or measure. 
 
 Sec. 3357. Selling by false weights or measures. — If any person shall 
 sell anything by any false weight or measure, whereby another shall 
 be cheated ; or if any person shall sell any light-weight loaf or pack- 
 age, calling the same a pound or other quantity, or if any person 
 shall sell any under-capacity bottle or other vessel, calling it a pint, 
 quart, or other quantity, he shall be guilty of a misdemeanor and 
 fined not less than ten dollars, and imprisoned not less than ten days. 
 
Mississippi 431 
 
 Sec. 3358. Food packages to be labeled. — The correct name and the 
 true net weight of the contents of each and every hogshead, barrel, 
 box, cask, bale, sack or package of flour, corn meal, cotton-seed meal 
 and of any and all other kinds of feeding 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 letters and figures, upon the exterior of 
 such hogsheads, barrel, box, cask, bale or package, and it shall be 
 unlawful for any person, firm or corporation or the agent, employe 
 or representative of any person, firm or corporation to sell or ex- 
 change or offer for sale or exchange any of such mill products, so 
 packed or contained, until the provisions hereof have been complied 
 with. 
 
 Sec. 3360. Penalty. — If any person shall violate the provisions of 
 the two preceding sections [Sections 3358 and 3359] he shall be 
 deemed guilty of a misdemeanor, and, on conviction thereof, shall 
 be fined in the sum of not less than twenty-five dollars nor more 
 than one hundred dollars. 
 
 Hemingway's Ann. Code, 1917, ch. 107, p. 2199. 
 
 Sec. 4658°. Inspectors liable as other officers. — Every inspector of 
 foods shall be liable, civilly and criminally, as other officers are, for 
 fraud and any malfeasance or misfeasance in office, and shall be 
 liable on his bond for the safe-keeping and accounting for the stand- 
 ards of weights and measures. 
 
 Sec. 4663. Underweight barrels of flour, meal, pork and beef for- 
 feited. — If any person shall sell, keep, or offer for sale, any barrel 
 of flour, meal, pork, or beef, as a barrel thereof, containing less 
 than the standard weight net, he shall forfeit to the county all of 
 such underweight flour, meal, pork, or beef which he may have in 
 his possession. 
 
 Sec. 4669 (1910). Articles deemed mislabeled. — That for the purpose 
 of this act an article shall be deemed to be mislabeled or misbranded : 
 
 If in package form, and the contents are stated in terms of weight 
 or measure, they are not plainly and correctly stated on the outside 
 of the package. 
 
 Hemingway's Ann. Code, 1917, ch. 138, p. 2471. 
 
 Sec. 5681°. Millers to keep sealed measitres and toll dishes. — Every 
 owner or occupier of a mill grinding for toll shall keep and use 
 therein sealed measures of half-bushel and peck, and a sealed toll 
 dish, and shall measure all grain by strike measure, under penalty 
 of paying five dollars for every such failure, recoverable, with costs, 
 before a justice of the peace, to the use of the informer; but this 
 shall not apply to plantation mills. 
 
 Hemingway's Ann. Code, 1917, ch. 144, p. 2501. 
 
 Sec. 5812°. Powers, how exercised. — The powers hereby granted shall 
 be exercised by the mayor and board of aldermen of the respective 
 cities, towns, and villages, as hereinafter set forth. 
 
 Sec. 5813. Powers of mayor and board of aldermen. — The mayor and 
 board of aldermen of every city, town, and village shall have the care, 
 517—26 28 
 
432 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 management, and control of the city, town, or village, and its prop- 
 erty and finances, and shall have the power to enact ordinances for 
 the purposes hereinafter named, and such as are not repugnant to the 
 laws of the State, and such ordinances to alter, modify, and repeal; 
 and they shall have power. 
 
 Sec. 5822. Weighing, measuring and inspecting. — (Ninth) To pre- 
 scribe rules for the weighing and measurement of every commodity 
 sold in the municipality, in all cases not otherwise provided by law, 
 and provide for the measuring of wood and fuel and the weighing of 
 coal, and determine the place or places for the sale of the same, and fix 
 the fees and duties of the person authorized to perform the duties 
 herein named; and to provide for the inspection and condemnation 
 of coal-oil, gasoline, naphtha, and all other inflammable and com- 
 bustible oils, fluids, or gases used for heating or lighting purposes, 
 when the same shall not be of the quality and standard prescribed 
 by ordinance. 
 
 Sec. 5850. May test water, electric light and gas meters. — If, upon 
 complaint of any citizen or citizens interested, the board of mayor and 
 aldermen of any municipality finds that there is reasonable ground 
 for believing that any meter or meters intended to measure or register 
 the quantity of water, or electric light or power', or gas supplied or 
 furnished by any individual, company or corporation to the munici- 
 pality or its inhabitants is or are of a less candle power or degree 
 of brilliancy than required by contract, said mayor and board of 
 aldermen may employ an expert, who shall examine and test said 
 meter or meters and said light or lights, as the case may be, and 
 report back to said board, notice of the time and place of the pro- 
 posed test or tests being first given to all parties interested; and if 
 such examination or test shall show the fact that said meter or meters 
 measure or register incorrectly or excessively, or that said light or 
 lights are of a less candle power or brilliancy than required by 
 contract, then all expenses of such examination and test incurred by 
 said municipal authorities shall be charged against and collected 
 back from said individual, company or corporation supplying or 
 furnishing said water, electric light or power, or gas, as the case 
 may be, and such penalties may be imposed as the municipal ordi- 
 nances may provide. This section shall apply to all municipalities 
 whether the same have elected to come under this chapter or not. 
 
 Hemingway's Ann. Code, 1917, ch. 15, p. 617. 
 
 Sec. 1106 (1888). Scalage. — If any purchaser or weigher of cotton 
 shall deduct from the true weight of any bale or package thereof 
 any amount whatever, as scalage, with intent to diminish the sum to 
 be paid or credited to the seller, he shall be guilty of a misdemeanor, 
 and, on conviction, shall be fined not less than ten dollars nor more 
 than twenty. 
 
 Sec. 1107. Actual weight. — If any purchaser of cotton shall fail to 
 account to the seller for the actual weight of the cotton bought, 
 except where the amount of the deduction is agreed upon between 
 them, or adjudged by a disinterested person for them, he shall be 
 guilty of a misdemeanor, and, on conviction, shall be punished as 
 prescribed in the last section. 
 
Mississippi 433 
 
 Hemingway's Ann. Code, 1917, ch. 147, p. 2615. 
 
 Sec. 6159°. Standard measure for oysters. — That a standard measure 
 for oysters is hereby established, which said measure shall consist 
 of a tub or other round vessel of the following dimensions, to wit: 
 It shall measure seventeen inches in diameter inside at the bottom and 
 twenty-one and one-half inches inside at the top, and fourteen and 
 one-half inches inside from bottom to top, the unit of such tub or 
 measure to be in the shape of inverted frustum of a cone. Two of 
 these measures filled to the top shall make one barrel, and all 
 oysters bought or sold in this State in the shell shall be measured 
 in a measure of this dimension or measure holding a fraction or 
 multiple thereof, and it shall be unlawful for any person to have 
 in his possession any measure for oysters in the shell which shall 
 differ in size from the measure herein provided for, or to demand 
 or require a greater or less measure in buying or selling; and no 
 vessel or measure shall be used in buying or selling oysters until it 
 has been measured and stamped by the oyster inspector with a metal 
 tag or stamp, showing the quantity of oysters such measure will hold. 
 It shall be the duty of the oyster inspector to make such measure- 
 ments and to visit for that purpose each place where oysters are 
 bought and sold as required, not to exceed once in each month 
 during the canning season, and shall keep a book in which shall 
 be recorded the dimensions of all vessels so measured. And for 
 each stamp the chief inspector shall receive the sum of 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 inspec- 
 tion 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 con- 
 viction, be fined the sum of fifty dollars, one-half of which shall be 
 paid to the person or persons informing on the chief inspector. 
 
 Hemingway's Ann. Code, Suppl., 1921, ch. 147A, p. 542. 
 
 Sec. 6166a (1920). Paint, varnish, etc., unlabeled. — It shall be 
 unlawful for any person, firm or corporation within this State to 
 manufacture for sale, sell, or exchange, or to offer or to keep for 
 sale or exchange any paint, putty, linseed oil or other paint oils, 
 turpentine or varnish that is not labeled in accordance with the 
 provisions of this act, or which is adulterated or misbranded or 
 insufficiently labeled or branded; and any person, firm, or corpora- 
 tion violating any provision of this act shall be guilty of a mis- 
 demeanor and, upon conviction, shall be fined not less than twenty- 
 five dollars, and not more than one hundred dollars for the first 
 offense, and not less than fifty dollars and not more than two 
 hundred dollars for each subsequent offense. 
 
 Sec. 6166b. Term " paint " defined. — The term paint as used herein 
 shall include all substances, whether dry or ground in oil, used 
 or intended for use as paint or as components of paint. It shall 
 include paste and semi-paste paints, house, carriage, wagon, barn, 
 
434 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 floor, roof, and implement paints and enamels, and all kinds of liquid 
 and ready mixed paints. It shall not include artists' colors, liquid 
 bronzes, colors intended to be mixed with water for decorative pur- 
 poses, wood fillers, stove polishes or stove enamels, and shingle and 
 roof stains. 
 
 Sec. 6166c. Receptacles to bear labels. — Every container or receptacle 
 of paint, putty, linseed oil, or other paint oils, turpentine, and var- 
 nish sold, exchanged, or offered or kept for sale or exchange shall 
 bear a label printed in legible type in English stating : 
 
 (a) The kind of paint or material in the container, and the name 
 and residence of the manufacturer by whom made and the name and 
 residence of the distributor, person or firm for whom made. 
 
 (&) The volume, if sold by volume; and the net weight if sold by 
 weight. 
 
 * ***** * 
 
 Sec. 6166e- State chemist to enforce this act. — The State chemist 
 is hereby charged with the enforcement of the provisions of this 
 act. He shall also prepare such rules and regulations as are neces- 
 sary to carry its intent and purpose into effect; and the collection, 
 examination, and analysis of specimens of paint, putty, linseed oil 
 and other paint oils, turpentine, and varnish shall be carried out 
 under his direction by duly authorized inspectors and analysis. 
 
 Laws, 1923, ch. 114, p. 108. 
 
 Sec. 9. Standard weights to be U3ed. — No person purchasing, selling 
 or storing grain in any public local grain warehouse in this State, 
 as the same is now or may be hereafter defined by law, shall use 
 any other measure for such grain than the standard bushel, and no 
 other number of pounds shall be used or called a bushel than the 
 number of pounds provided by law as the standard weight of the 
 kind of grain in question: Provided, however, That during the 
 months of October and November not exceeding eighty pounds and 
 during the months of December and January not exceeding seventy- 
 two pounds may be so used as the standard bushel of new ear 
 corn. 
 
 laws, 1918, ch. 191, p. 224. 
 
 Sec. 5. Milk or cream testing apparatus. — That it shall be unlawful 
 for any person to operate a milk or cream testing apparatus to de- 
 termine the percentage of milk fat in milk or cream for the purpose 
 of purchasing same, either for himself or another, without first se- 
 curing a license from the State commissioner of agriculture, who 
 shall issue such license, upon a form prepared by him, upon pay- 
 ment of a fee of one dollar for a period of twelve months : Provided, 
 The applicant for license shall pass a satisfactory personal examina- 
 tion that shall satisfy said commissioner that he is competent and 
 qualified to operate and use such apparatus and make an accurate 
 test with same, which license may be revoked by the commissioner 
 when it shall be shown that such licensed person is incompetent or 
 unreliable. The testing of each lot of milk or cream by any un- 
 licensed person shall constitute a separate offense under this act: 
 Provided, That any licensed person may for a valid reason satisfac- 
 tory to said commissioner, appoint a substitute for a period not to ex- 
 
Mississippi 435 
 
 ceed fifteen days, and subject to the approval of said commissioner. 
 Any person violating the requirement of this section shall be guilty 
 of a misdemeanor, and upon conviction, shall be punished as pro- 
 vided in section 2 of this act. 
 
 Sec. 6, as amended by Laws, 1922, ch. 253, p. 339. Babcock test. — It 
 shall be unlawful for any person, either for himself or another, to 
 falsely manipulate, or under-read or over-read, take inaccurate sam- 
 ples or make any false determinations by Babcock test or any other 
 contrivance used to determine the quantity of fat in milk or cream 
 or value of milk or cream delivered to a creamery, cheese factory, 
 condensory, ice cream plant, milk plant or milk depot, or when sold 
 or purchased. The test shall be clear oil, free from sediment, solids, 
 or other foreign substance, and must be read at a temperature of 
 125°-140° F. Cream tests must be weighed. The scales must be 
 sensitive and accurate. The tester and owner or owners are jointly 
 responsible for their accuracy. For the purpose of providing official 
 supervision of the operation of the Babcock test in all licensed re- 
 ceiving stations conducted for the purchase of butter fat either in 
 the form of cream or milk, to promote fair competition, and to pro- 
 tect the producer of butterfat, thereby giving more confidence to the 
 producer in the system of determining the per cent of butterfat in 
 cream or milk, the following regulation is hereby promulgated : 
 
 That all individuals, corporations and partnerships authorized by 
 license or permit to conduct the Babcock test in the State of Missis- 
 sippi shall retain in a cool, clean, sanitary place and in tightly 
 stopped bottles or tightly covered jars the exact, properly labeled 
 samples of cream or milk from which the butterfat test has been 
 conducted, until 6 p. m. of the day following the application of the 
 test where daily testing is practiced, and until 6 p. m. of the second 
 day following the application of the test where composite testing of 
 individual deliveries is practiced. In case of Sundays and legal holi- 
 days intervening the samples shall be held one additional day. 
 
 Upon such occasions as may be determined wise, this department 
 or its inspectors may order any sample or samples held for a longer 
 period than provided for by these regulations. 
 
 Any person violating the provisions of this section shall be guilty 
 of a misdemeanor, and upon conviction, shall be punished as pro- 
 vided in section 2 of this act. 
 
 Sec. 7. Bottles and pipettes used in measuring milk or cream. — All 
 bottles and pipettes used in measuring milk or milk products for 
 making determination of the per cent of fat in said milk or milk 
 products, shall have clearly blown or otherwise permanently marked 
 in the side of the bottle or pipette the word " sealed," and in the side 
 of the pipette or the side or bottom of the bottle the name, initials 
 or trade-mark of the manufacturer and his designating number, 
 which designating number shall be furnished by the State commis- 
 sioner of agriculture upon application by the manufacturer and 
 upon the filing by the manufacturer of a bond in the sum of one 
 thousand dollars with sureties to be approved by said commissioner, 
 conditioned upon conformance with the requirements of this section. 
 A record of the bonds furnished, the designating number, and to 
 whom furnished, shall be kept in the office of said commissioner. 
 Any manufacturer who sells Babcock, or other, milk, cream or 
 
436 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 butter test bottles or milk pipettes, to be used in this State, that do 
 not comply with the provisions of this section shall suffer a penalty 
 of five hundred dollars, to be recovered by the attorney general of 
 the State in action in the name of the State upon the bond of such 
 manufacturer and any dealer who uses, for the purpose of deter- 
 mining the per cent or milk fat in milk or milk products, any bottles 
 or pipettes purchased after six months from the date of this act 
 shall take effect, that do not comply with the provisions of this sec- 
 tion relating thereto, shall be guilty of a misdemeanor, and upon 
 conviction, shall be punished as provided in section 2 of this act. 
 
MISSOURI 
 
 Eev. Stats., 1919, Vol. 3, ch. 127, p. 4203. 
 
 Sec. 13577°. County clerk to procure weights and measures; length; ca- 
 pacity; weight. — The clerk of each county court shall provide, at the 
 expense of the county, one measure of one foot, or twelve inches, 
 English measure; one measure of three feet, or thirty-six inches, 
 English measure, denominated one yard; one-half bushel measure, 
 which shall contain one thousand seventy-five and one-fifth cubic 
 inches, denominated dry measure; one gallon measure, which shall 
 contain two hundred and thirty-one cubic inches; one-half gallon 
 measure, which shall contain one hundred and fifteen and one-half 
 cubic inches ; one quart measure, which shall contain fifty-seven and 
 three-fourts cubic inches. Also, one set of weights, called avoirdupois 
 weights, and one seal, with initials of the county inscribed thereon; 
 which measures, weights and seal shall be kept by the clerk of the 
 county court of each county. 
 
 Sec. 13578. Notice. — So soon as the weights and measures are pro- 
 vided, the clerks of the county court shall cause notice thereof to be 
 given at the courthouse door, for two months; and any person who 
 shall knowingly keep any measure or weights, and buy or sell any 
 commodity whatsoever by such weights or measures as shall not 
 correspond with the weights and measures deposited in the clerk's 
 office, shall, for every such offence, forfeit and pay to the party in- 
 jured ten dollars, to be recovered by civil action before any justice 
 of the peace of the county. 
 
 Sec. 15379. Sealing. — Clerks of the county court shall, with the seal 
 aforesaid, seal all weights and measures presented to them for that 
 purpose, that correspond with the county standard. 
 
 Sec. 13580. Ton; hundredweight. — The hundredweight shall consist 
 of one hundred pounds avoirdupois, and twenty such hundreds shall 
 constitute a ton. 
 
 Sec. 13581. Legal weights of bushel of various produce. — Whenever 
 the articles hereinafter named shall be sold by the bushel, and no 
 special agreement as to the measurement or weights thereof shall be 
 made by the parties, the bushel shall consist of the following number 
 of pounds, viz : * 
 
 Pounds per 
 bushel 
 
 Wheat 60 
 
 Beans 60 
 
 Clover-seed 60 
 
 Irish potatoes 60 
 
 Peas 60 
 
 Split peas 60 
 
 Rye 56 
 
 Dried peaches 33 
 
 Dried apples 24 
 
 Pounds per 
 bushel 
 
 Buckwheat 52 
 
 Castor beans 46 
 
 Hemp seeds 44 
 
 Blue-grass seed 14 
 
 Timothy seed 45 
 
 Cottonseed 33 
 
 Salt 50 
 
 Mineral coal 80 
 
 Coke ' 2,680 
 
 1 For convenience In printing a slight change has been made In arrangement of these 
 articles. 
 
 'Cubic inches per bushel. ,„_ 
 
 437 
 
438 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds per 
 bushel 
 
 Charcoal 2 2, 680 
 
 Sweet potatoes 
 
 Parsnips 
 
 Common turnips 
 
 Carrots 
 
 Rutabagas 
 
 Shelled corn 
 
 Flax seed 
 
 Unshelled corn 
 
 Barley 
 
 Oats 
 
 Bran 
 
 Onions 
 
 Corn meal 
 
 Millet 
 
 56 
 44 
 42 
 50 
 50 
 56 
 56 
 70 
 48 
 32 
 20 
 57 
 50 
 50 
 
 Pounds per 
 bushel 
 
 Green peas , unshelled 56 
 
 Green beans, unshelled 56 
 
 Apples 48 
 
 Peaches 48 
 
 Pears 48 
 
 Hungarian grass seeds 48 
 
 Malt 38 
 
 Top onion sets 28 
 
 Red top seed 14 
 
 Orchard grass seed 14 
 
 Sorghum seed 42 
 
 Osage orange seed 36 
 
 Cucumbers 48 
 
 Tomatoes 45 
 
 And whenever apples shall be sold by the barrel 3 and no special 
 agreement is made as to the size of the barrel by the parties, the 
 size shall be as follows: Length of barrel, twenty-eight and one- 
 half inches, with chines of three quarters of an inch at the ends ; the 
 diameter of the heads shall be seventeen and one-quarter inches, 
 and the diameter of the center of the barrel inside shall be twenty 
 and one-half inches. 
 
 Sec. 13582. Timber; beard measure. — All plank and sawed timbers 
 and lumber shall, unless otherwise agreed by special contract, be 
 sold by board measure. 
 
 Sec. 13583. Flour, weight of barrel, sack. — A barrel of flour shall 
 consist of 196 pounds net; a sack of flour shall consist of 98 pounds 
 net; a half sack of flour shall consist of 48 pounds net; a quarter 
 sack of flour shall consist of 24 pounds net; no manufacturer or 
 dealer in flour shall sell flour in barrels, sacks, half sacks or quarter 
 sacks containing a less amount of flour than the amounts above 
 specified. Before any barrel, sack, half sack or quarter sack of flour 
 shall be sold, the number of pounds therein contained shall be plainly 
 labeled or stamped thereon. Any person who shall sell any package 
 of flour which shall be stamped or labeled with a greater number of 
 pounds net than such package actually contains, or who shall put up 
 or sell flour in any manner contrary to the provisions of this sec- 
 tion, shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof, shall be fined in a sum not less than ten dollars nor more 
 than one hundred dollars. 
 
 Sec. 13584. Fraudulent weighing of ore. — Any person or persons who 
 keep any public or private scales and weigh for themselves or others, 
 mineral, lead, zinc, coal and other ores, who knowingly take more 
 than ten hundred pounds for one thousand or more than twenty 
 hundred pounds avoirdupois for one ton, or fail to correctly balance 
 his or their scales before weighing, or shall fail or neglect to account 
 for each fractional part of a thousand or ton, as the case may be, in 
 weighing any of the ores herein named, which ores are bought and 
 sold by the thousand or ton, shall, for every such offense, forfeit 
 and pay to the party injured a sum not less than twenty dollars 
 nor more than fifty dollars, to be recovered by civil action before any 
 justice of the peace in the county. 
 
 2 Cubic inches per bushel. 
 
 ' See footnote, p. 20, relative to Federal standard barrel. 
 
Missouri 439 
 
 Sec. 13585. Sale of grain, etc., to be made by actual weight; penalty for 
 deductions. — Every sale of grain, seed, hay or coal shall be made on 
 the basis of actual weight thereof, and any purchaser of grain, seed, 
 hay or coal, who shall deduct any amount from the actual weight or 
 measure thereof, under claim of right to do so by reason of any 
 custom or rule of a board of trade or any pretense whatsoever, 
 shall be deemed guilty of a misdemeanor, and shall be subject to 
 a fine of not less than ten dollars nor more than one hundred dollars 
 for each and every offense. 
 
 Sec. 13585a, as enacted by Laws, 1923, p. 381. Correct weight of coal; 
 certificate to be furnished; violation a misdemeanor. — Every person or 
 persons selling and delivering coal in wagon load or truck load 
 lots shall correctly weigh said coal and shall furnish to the driver 
 or person in charge of such load a ticket signed by the person selling 
 such coal, stating the gross, tare and net weights, and said ticket 
 shall also state the name of the purchaser of such coal and shall 
 correctly describe the quality, kind and character of such coal; and 
 the seller's driver or agent in charge of said load shall on the de- 
 livery of such load deliver such ticket to such purchaser. Any State, 
 county or township officer sworn to preserve the peace shall have 
 power to enforce the provisions of this section and in the enforce- 
 ment thereof may require any driver or person in charge of such 
 load of coal while hauling same, to exhibit the weight ticket of said 
 load, and may require such person to drive such load to any public 
 or private scale and have the same weighed thereon, and to return 
 after delivery of such load and have the empty vehicle weighed. 
 Any person or persons selling and delivering coal contrary to the 
 provisions of this section shall be deemed guilty of a misdemeanor 
 and upon conviction thereof shall be fined in a sum of not less than 
 ten dollars, nor more than one hundred dollars for each offense. 
 
 Sec. 13588. Authority of agent and broker, selling grain, etc. — No 
 agent or broker selling any grain, seed, hay or coal shall have author- 
 ity, under claim or right to do so by reason of any custom or rule of 
 board of trade, to sell any grain, seed, hay or coal only on the basis 
 of the actual weight thereof, and any contract of sale of any grain, 
 seed, hay or coal made in violation of sections 13585 and 13586 of 
 this article shall be null and void. 
 
 Rev. Stats., 1919, Vol. 2, ph. 72, p. 2357. 
 
 Sec. 7610°. Cities of first class. — All cities and towns in this State 
 containing one hundred thousand inhabitants or more shall be cities 
 of the first class. 
 
 Sec. 7621. What cities eligible to become first class. — All cities and 
 towns in this State containing more than seventy-five thousand 
 inhabitants and less than one hundred and fifty thousand inhabitants 
 may elect to become cities of the first class in the manner hereinafter 
 provided. In all cases, the population shall be determined by the 
 last census taken, whether State or National. 
 
 Sec. 7674 (al911). Powers of mayor and council of cities of the first 
 class; weights and measures used by traders, dealers and common carriers 
 to be tested ; regulation and inspection of certain articles ; inspection and 
 weighing of hay, lime, fuel, etc.; to regulate inspection of articles and 
 appoint weighers, gaugers and inspectors ; to regulate weight and quality 
 of bread. — The mayor and common council shall have power within 
 
 
440 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the city, by ordinance, not inconsistent with the constitution or any 
 law of this State or of this article : 
 
 XXIV. To require all traders or dealers in merchandise or prop- 
 erty of any description which is sold by measure or weight, and 
 all common carriers using weights and measures, to cause their 
 weights or measures to be tested and sealed, and to be subject to 
 inspection. 
 
 XXV. To regulate and provide for inspecting and measuring of 
 firewood, lumber, shingles, timber, posts, staves, headings and all 
 kinds of building materials, and for measuring all kinds of mechan- 
 ical work, * * * 
 
 XXVI. To provide for the inspection and weighing of hay, lime, 
 stone, coal, charcoal and all kinds of coal used for fuel or for heating 
 purposes, and the place and manner of weighing the same. 
 
 XXVII. To regulate the inspection of beef, pork, flour, meal and 
 other provisions, whiskey and other liquors to be sold in barrels, 
 hogsheads and other vessels or packages; to appoint weighers, 
 gaugers and inspectors, and to prescribe their duties. 
 
 XXVIII. To regulate the weight and quality of bread to be sold 
 or used in the city. 
 
 Sec. 7611°. Cities of second class. — All cities and towns in this State 
 containing thirty thousand and less than one hundred thousand in- 
 habitants shall be cities of the second class. 
 
 Sec. 7970 (1913). What cities may become cities of the second class. — 
 All cities and towns in this State containing more than 30,000 inhab- 
 itants and less than 75,000 inhabitants may elect to become cities 
 of the second class in the manner hereinafter provided. In all cases 
 the population shall be determined by the last census taken, whether 
 State or National, or by a census taken by a census supervisor ap- 
 pointed for that purpose by the governor of the State at the re- 
 quest of the mayor of any city of the third class, or upon the peti- 
 tion of not less than 100 of the registered voters of such city. 
 
 Sec. 7976 (al917). General corporate powers; to inspect food, etc.; to 
 inspect weights and measures, milk, ice cream, and to regulate weight 
 and quality of bread. — Every city of the second class shall have power, 
 by ordinance, not inconsistent with the constitution, or any law of 
 this State, or of this article : * * * 
 
 XXII. To inspect, test, measure and weigh any article of food, 
 drink, or wear for consumption or use, bought, sold, used or handled 
 in the city, and to inspect at all reasonable hours and times, all 
 buildings, lands and places of every description in the city, as to 
 their conditions for health, cleanliness and safety. 
 
 XXIII. To establish standards of weights and measures, and to 
 provide for the inspection of all weights and measures: Provided 
 however, That the standards as established by the United States 
 Government or the State of Missouri shall be used where they apply. 
 
 XLII. To provide for the inspection of milk, cream and ice cream 
 offered for sale or for use in such city, and to provide a standard for 
 such products, and to prescribe the weight and quality of bread to 
 be sold in the city, and to provide for the seizure and confiscation 
 of said products when not conforming to the regulations. 
 
 Sec. 7612 (1899). Cities of third class. — All cities and towns in this 
 State containing three thousand and less than thirty thousand in- 
 
MISSOURI 441 
 
 habitants, which shall elect to be a city of the third class, shall be 
 cities of the third class. 
 
 Sec. 8297 (1893). Inspection, weighing, etc. — The council [of cities 
 of the third class] may prescribe rules and provide methods by ordi- 
 nance for the inspection, weighing and measuring of any commodity 
 sold in the city in all cases not otherwise provided for by law, and 
 may provide for the selling, weighing and inspecting of meats, 
 poultry and vegetables, of butter, lard and other provisions and 
 articles of food ; and may provide for the inspecting and measuring 
 of wood, coal and fuel, lumber, shingles, timber and all kinds of 
 building material, and shall have power to appoint inspectors and 
 measurers; and may make provisions for the inspection of steam 
 boilers, and all steam heating apparatus, and to license engineers 
 using steam boilers in the city, and may regulate the place or places 
 where hay, lime, lumber, timber, wood, coal and all kinds of fuel 
 shall be exposed for sale, and fix the fees of the person or persons 
 appointed to perform the duties named in this section. 
 
 Rev. Stats., 1919, Vol. 2, cli. 38, p. 1791. 
 
 Sec. 5670 (al919). Food. — In the case of food as herein defined, an 
 article shall also be deemed to be misbranded; * * * 5. If in 
 package form and the quantity of the contents be not plainly and 
 conspicuously marked on the outside of the package in terms of 
 weight, measure or numerical count: Provided, however, That rea- 
 sonable variations as to small packages shall be established by rulings 
 and regulations made by the State food and drug commissioner, as 
 provided by section 5732 of the Revised Statutes, 1919. 
 
 Sec. 5723°. Mixed flour to be branded. — No person shall sell or offer 
 for sale any flour, meal, grits or hominy, made from the admixture 
 or adulteration of grains, unless there shall have been first branded 
 upon each of the barrels or packages containing the same, the kind 
 of grains composing said admixture, the quality and weight thereof, 
 and the name and place of business of the person manufacturing 
 the same : Provided, always, That the admixture of the several 
 grades or kinds of wheat shall not be construed to be mixed or adul- 
 terated grains. 
 
 laws, 1925, H. B. 84, p. 105- 
 
 Sec. 1. Definitions. — In this act the term " commissioner " means 
 the commissioner of the State marketing bureau of the Missouri 
 State board of agriculture. "Agricultural products " shall include 
 horticulture, a- iti cultural, dairy, bee, and any farm product; the word 
 
 person " shall include individuals, partnerships, corporations, as- 
 sociations, or two or more individuals having a joint or common in- 
 terest; words used import the singular or the plural as the case may 
 demand. 
 
 Sec. 2. Oflicial standards for containers of farm products. — In order 
 to promote, protect, further, and develop the agricultural interests of 
 this State the commissioner is hereby authorized and empowered 
 after investigation and public hearing to fix and promulgate official 
 standards for grading and classifying any or all agricultural prod- 
 ucts grown or produced in this State and to fix and promulgate of- 
 ficial standards for containers of farm products and change any of 
 them from time to time. 
 
442 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 3. Promulgating 1 standards. — In promulgating the standards or 
 any alterations or modifications of such standards the commissioner 
 shall specify the date or dates when the same shall become effective 
 and shall give public notice not less than 30 days in advance of such 
 date or dates by such means as he deems proper, and he is hereby au- 
 thorized and empowered to employ reasonable methods for diffusing 
 information concerning the standard that may be fixed by him for 
 any agricultural product or container. 
 
 Sec. 4. Fixing and promulgating official standards authorized by Con- 
 gress. — The commissioner is authorized to fix and promulgate as the 
 official standard for this State for any agricultural product or con- 
 tainer the standard for such product or container which may have 
 been promulgated or announced therefor under the authority of the 
 Congress of the United States, and in carrying out the provisions 
 of this act the commissioner is authorized to cooperate with the 
 United States or any department thereof in accomplishing the mat- 
 ters and things provided for herein. 
 
 Sec. 11. Use of other standards prohibited; penalty. — * * * When- 
 ever any standard for a container for an agricultural product be- 
 comes effective under this act, no person thereafter shall manufacture 
 for commerce within the jurisdiction of this State, or sell, ship, or 
 offer for sale in such commerce any container, either filled or unfilled, 
 to which the standard is applicable which does not comply with such 
 standard subject to such tolerances as may be permitted under this 
 act. Any person violating this section shall be guilty of a misde- 
 meanor and upon conviction thereof shall be fined not less than 
 twenty-five dollars or not more than one hundred dollars. 
 
 Rev. Stats., 1919, Vol. 3, ch. 90, Art. 2, p. 3020. 
 
 Sec. 9932°. Minimum weight of carload, mixed freight. — Twenty-four 
 thousand pounds shall be deemed the minimum weight for a carload 
 of such mixed stock when such car is thirty feet long, and such mini- 
 mum weight shall be more or less than twenty- four thousand pounds, 
 in proportion as such car is more or less than thirty feet long; and no 
 railway company, or agent for such company, shall charge, demand 
 or receive any greater sum for the transportation of such car or cars 
 of mixed stock or grain than is charged for the transportation of 
 such car or cars when but one species of stock or one kind of grain 
 is shipped therein: Provided, That said different species of stock 
 or different kinds of grain, or articles of commerce and trade, which 
 are loaded in said car or cars, do not exceed the maximum weight 
 allowed by law and usage when but one species of stock or kind of 
 grain is shipped in such car or cars. 
 
 Sec. 9959. No discrimination allowed in shipping grain; grain to be 
 weighed and shortage made up. — Every railroad corporation chartered 
 by or organized under the laws of this State, or doing business 
 within the limits of the same, when desired by any person wishing 
 to ship any grain over its road, shall receive and transport such 
 grain, in bulk or otherwise, within a reasonable time, and load 
 the same either upon its track, at its depot, or at any warehouse 
 adjoining its track or side track, without distinction, discrimination 
 or favor between one shipper and another, and without distinction 
 or discrimination as to the manner in which such grain is offered 
 

 Missouri 443 
 
 to it for transportation, or as to the person, warehouse or place to 
 whom or to which it may be consigned; and at all stations where 
 scales are required to be kept, at the time such grain is received 
 by it for transportation, such corporation shall carefully and cor- 
 rectly weigh the same, and issue to the shipper thereof a receipt 
 or bill of lading for such grain, in which shall be stated the true 
 and correct weight, and such, corporation shall weigh out and 
 deliver to such shipper, his consignee or other person entitled to 
 receive the same, at the place of delivery, the full amount of such 
 grain, without any deduction for leakage, shrinkage or other loss 
 in the quantity of the same, except that one-half of one per cent, 
 shall be allowed for leakage, shrinkage or other loss on bulk grain. 
 In default of such delivery, the corporation so failing to deliver 
 the full amount of such grain shall pay to the person entitled thereto 
 the full market value of any such grain not delivered at the time 
 and place when and where the same should have been delivered. 
 
 Eev. Stats., 1919, Vol. 2, ch. 49, Art. 2, p. 1876. 
 
 Sec. 6024 (1913). Scales may be examined and tested, when, by 
 whom. — * * * All scales used for the weighing of property in 
 public warehouses or public elevators shall be subject to examination 
 and test by any duly authorized State scale inspector, and no scales 
 shall be used for the weighing of grain after being found incorrect 
 until put in order and found accurate and approved for further use 
 by an authorized State scale inspector. 
 
 Sec. 6049, as amended by Laws, 1925, p. 259. — The commissioner 
 [warehouse commissioner] shall appoint suitable persons to act as 
 weighmasters at such places in this State where State grain in- 
 spection and weighing may be established in conformity with the 
 provisions of this article; said weighmasters shall at the places 
 aforesaid, supervise the weighing of all grain which may be sub- 
 ject to inspection and weighing, and at all warehouses or elevators 
 where there are no such scales as hopper scales, there shall be pro- 
 vided in such cases by the warehouseman or elevatorman or rail- 
 road company, upon the order of the commissioner, track or other 
 proper scales upon which the gross, tare and net weight of each 
 car, wagon or other package shall be taken, but at all warehouses 
 or elevators having hopper scales the net weight of grain contained 
 in each car, wagon or other package shall be taken on such scales 
 and certificate pf weight of such weighmasters in the discharge 
 of their aforesaid duties shall be prima facie the basis of settle- 
 ment between the buyer and seller. And such State weighmaster 
 shall have the entire control of such scales : Provided, That in addi- 
 tion to the weighing of grain, subject to inspection, said weigh- 
 masters are authorized to supervise the weighing, and that weight 
 certificates be issued on coal, bran, shorts, hay, seeds and any other 
 commodity of a similar nature upon which official State weights 
 are requested. 
 
 Sec. 6050 (1913). Fees. — The commissioner shall fix the fees to be 
 paid for the weighing of grain, which fees shall be paid by the ware- 
 houseman or elevatorman, but on grain not going into such warehouse 
 or elevator the fee shall be paid by the consignee, and may be 
 
444 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 added to the charges for storing, transferring, handling, mixing 
 or commission, and the said commissioner shall adopt such rules and 
 regulations for the weighing of grain as he shall deem proper. 
 
 Sec. 6051. Scales to be furnished; by whom; where located. — It shall 
 be the duty of the person or persons doing a public warehouse or 
 public elevator business under this article to provide and maintain 
 suitable scales upon which all grain tendered to him or them for 
 storage, transferring, handling or mixing shall be weighed under 
 the supervision of a State weighmaster, as provided for in this 
 article. Said scales shall be located at the most convenient point 
 upon the track of some railroad running into or adjoining such 
 warehouse or elevator. It shall further be the duty of the person 
 or persons doing a public warehouse or public elevator business 
 under this article, at some convenient time, at least once a year or 
 when the commissioner orders it, after giving fifteen days' notice, 
 and under the supervision of an authorized State weighmaster and 
 inspector of the State grain inspection department, to weigh and 
 inspect all grain at such time or times then in such warehouse or 
 elevator, and to report to the warehouse registrar the result of such 
 weighing and the actual amount of each kind and grade in such 
 warehouse or elevator. During such time as such weighing is going 
 on, the receiving and shipping or gran into and from such ware- 
 house or elevator shall be discontinued until such general weighing 
 has been completed. 
 
 Sec. 6052. Railroads to furnish scales to weigh grain handled by 
 them; wagon scales; location of scales. — At all terminal or other 
 points within this State wherever State grain inspection may be 
 established, it shall be the duty of all railroads to provide, on the 
 order of the commissioner, suitable wagon scales in their unloading 
 yards, upon which all grain handled by them subject to inspection 
 and weighing may be weighed as required by this article. Said 
 scales shall be located at places to be designated by the commis- 
 sioner and it shall be the duty of said commissioner to see that the 
 provisions of this article are strictly enforced. 
 
 Sec. 6053. Weight certificates, by whom issued ; penalties. — It shall be 
 unlawful for any person, corporation or association other than a 
 duly authorized and bonded State weigher to issue any weight 
 certificate or to issue or sign any paper or ticket purporting to be 
 the weight of any car, wagon, sack or other package of grain 
 weighed at any warehouse or elevator in this State where duly ap- 
 pointed and qualified -State weighers are stationed and in control 
 of the scales under the provisions of this article, or to make any 
 charge for such weighing, or purported weighing, or. weight certi- 
 ficates, or tickets or purported weight certificates or tickets. And 
 any person, corporation or officer, agent or servant of such corpora- 
 tion who shall do any of the acts declared by this section to be un- 
 lawful, shall be deemed guilty of a misdemeanor, and shall be 
 punished by a fine of not less than five hundred dollars, nor more 
 than one thousand dollars, or shall be imprisoned in the county 
 jail, or if in the city of St. Louis, the jail of said city, not less than 
 six months nor more than twelve months, or by both such fine and 
 imprisonment. And any weighmaster who shall knowingly falsely 
 weigh any grain or shall knowingly give any false or untrue cer- 
 
Missouri 445 
 
 tificates as to the weight of grain, or who shall knowingly violate 
 any of the provisions of this article, shall be deemed guilty of a mis- 
 demeanor, and shall be punished by a fine of not less than five hun- 
 dred dollars nor more than one thousand dollars, or shall be im- 
 prisoned in the county jail, or if in the city of St. Louis, in the jail 
 of said city, not less than six months nor more than twelve months, 
 or by both such fine and imprisonment. 
 
 Sec. 6054. Weighmasters' bond and compensation. — The weigh- 
 masters provided for in this article shall each give a bond in the 
 sum of five thousand dollars, conditioned for the faithful discharge 
 of their duties and shall receive such compensation as the commis- 
 sioner shall determine. 
 
 Sec. 6064, as reinacted by Laws, 1925, p. 260. Barrel for oils and motor 
 fuels. — The fee for the inspection of oils and motor fuels under this 
 article (except only the special fee for testing " distillate," " gas 
 oils " and " fuel oil ") shall be as follows: For each barrel, tank or 
 container of fifty gallons or less, twenty-five cents; * * *. For 
 the purpose of this act, fifty gallons shall constitute a barrel. 
 
 Sec. 6069, as reinacted by Laws, 1925, p. 260. Measuring devices to be 
 tested. — It is also made the duty of said inspector [State inspector], 
 in addition to his other duties, in person or by deputy or special 
 agent, and at least once in every six months, to carefully test and 
 inspect the measuring devices or other instrumentalities used by any 
 person, firm or corporation selling gasoline and motor vehicle fuels 
 at retail, in this State, in quantities aggregating more than two 
 hundred gallons monthly, in measuring such gasoline and motor 
 vehicle fuels so sold and when he finds that such measuring device 
 or instrumentality does not correctly and accurately register and 
 measure the amount and quantity sold, shall require the correction, 
 removal or discontinuance of the same. 
 
 Rev. Stats., 1919, Vol. 3, ch. 95, Art. 2, p. 3223. 
 
 Sec. 10448 (1913). Common carrier to furnish facilities for testing 
 track scales. — It shall be the duty of all railroad corporations and 
 common carriers operating in this State, to provide suitable facilities 
 for the testing of all track scales used by such railroad corporations 
 and common carriers. The commission is hereby authorized, after a 
 hearing upon its own motion and after notice to the railroads operat- 
 ing in this State, to order a suitable car or other device or facility to be 
 provided by the railroad corporations and common carriers operating 
 in this State, to be used in testing the track scales used by such rail- 
 roads, the expenses of providing such car device or facility to be 
 equitably and reasonably apportioned among the different railroad 
 companies by the commission. Such car, device or facility shall be 
 used by the commission to test the accuracy of all track scales, and 
 the different railroad corporations shall transport and move such 
 car, device or facility, without charge therefor, to the different places 
 designated by the commission under such reasonable rules and regu- 
 lations as the commission may prescribe. Such car, device or facility 
 may be used in adjoining States to test the scales of the railroad cor- 
 porations and for that purpose may be taken beyond the limits of 
 this State under such reasonable rules and regulations for the due 
 care and return thereof as the commission may prescribe. The com- 
 
446 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 mission is hereby authorized to prescribe and collect a reasonable fee 
 sufficient to cover the cost and expenses connected therewith for the 
 inspection and testing of all scales. 
 
 Rev. Stats., 1919, Vol. 3, ch. 109, p. 3762. 
 
 Sec. 11977 (1919). Milk or cream testing; how regulated. — It shall be 
 the duty of the State dairy commissioner to license the use or opera- 
 tion of milk or cream testing apparatus, to determine the percentage 
 of butter fat in milk or cream. And it shall be unlawful for any 
 person to operate, or use any milk or cream testing apparatus for 
 himself, or as the agent of any person, firm, association or corpora- 
 tion, to determine the percentage of butter fat in milk or cream for 
 the purpose of fixing the value of such milk or cream for the pur- 
 pose of purchasing the same, either for himself, or any other person, 
 firm, association or corporation, or who shall take samples for that 
 purpose, of milk, or cream without first securing a license from the 
 State dairy commissioner, as in this act provided, authorizing the 
 use and operation of such milk or cream testing apparatus, such 
 license to run from the first day of August to the thirty-first day 
 of July: Provided, That nothing herein contained shall be so con- 
 strued as to impose a license tax upon any person using a Babcock 
 tester in testing milk taken from his own cows for the purpose of 
 determining the milk producing value of such cows. All applications 
 for the license in this section required, shall be made to the State dairy 
 commissioner on a blank form provided by him. Every such appli- 
 cation shall be accompanied by an annual license fee of two dollars. 
 A license issued under the provisions of this section shall also 
 authorize the licensee to buy milk, cream and other dairy products 
 mentioned in section 11976 of this article without additional license 
 therefor, but not [no] person shall operate more than one station 
 under the same license. 
 
 Sec. 11983. State standards. — -Pipettes shall, for milk, have a capacity 
 of seventeen and six-tenths centimeters; and the State standard test 
 tube or bottles for milk shall have a capacity of two centimeters of 
 mercury at a temperature of sixty degrees Fahrenheit between 
 " zero " and ten on the graduated scale marked on the necks thereof ; 
 for cream, eighteen drams shall be used, and the standard test tube 
 of bottles for cream shall have a capacity of six centimeters of mer- 
 cury at a temperature of sixty degrees Fahrenheit between " zero " 
 and thirty on the graduated scale marked on the necks thereof ; and 
 it is hereby made a misdemeanor to use any other measure, pipette, 
 test tube or bottle to determine the per cent of butter [fat] where milk 
 or cream is purchased by, or furnished to, any creamery or cheese 
 factory where the value of said milk is determined by the per cent 
 of butter fat contained in the same. And it shall be unlawful for 
 any manufacturer, merchant, dealer or agent in this State who shall 
 offer for sale, or sell a milk or cream pipette, or measure or test 
 tube, or bottle which is not correctly marked or graduated as herein 
 provided for, shall be deemed guilty of a misdemeanor, and, upon 
 conviction thereof, shall be punished as provided by law. 
 
 Sec. 11984. Misdemeanor to manipulate test or falsify record thereof. — 
 It shall be unlawful for any manager, owner, agent or any employee 
 of a creamery or cheese or butter factory to manipulate or under- 
 
Missouri 447 
 
 read or overread the Babcock test, or any other contrivance used for 
 determining the quality or value of milk or cream, or to run any 
 such machine at a speed of less than six hundred revolutions per 
 minute for a period of less than eight consecutive minutes, or to 
 falsify the record thereof, or to pay for such milk on the basis of 
 any measurement except the true measurement as thereby determined. 
 Whoever shall be guilty of violating this section shall be deemed 
 guilty of a misdemeanor and punished as provided by law. 
 
 Sec. 12152 (1917). Tags and labels; to show contents. — Every lot or 
 parcel of commercial feeding stuffs sold, offered or exposed for sale 
 or distributed within this State shall have affixed thereto a tag or 
 label, in a conspicuous place on the outside thereof, containing a legi- 
 ble 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; 
 
 lb) The name, brand or trade mark ; 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market ; * * * 
 
 Rev. Stats., 1919, Vol. 3, ch. 95, Art. 4, p. 3252. 
 
 Sec. 10480 (1913). Inspection of gas, water and electric meters; gas 
 and water meters to be inspected before installation; inspectors of elec- 
 tric meters; type of electric meter to be approved; testing and proving 
 meters; inspecting and testing a meter upon request; rules and regula- 
 tions. — 1. The commission [public service commission] shall appoint 
 inspectors of gas and water meters, whose duty it shall be when 
 required by the commission to inspect, examine, prove and ascer- 
 tain the accuracy of any and all gas and water meters used or 
 intended to be used for measuring or ascertaining the quantity of 
 gas for light, heat or power, or the quantity of water, furnished by 
 any person, corporation or municipality to or for the use of any 
 person or persons, and when found to be or made to be correct, the 
 inspector shall seal all such meters and each of them with some 
 suitable device, which device shall be recorded in the office of the 
 secretary of state. 
 
 2. No corporation, person or municipality shall furnish, set or 
 put in use any gas or water meter which shall not have been in- 
 spected, proved and sealed by an inspector of the commission. 
 
 3. The commission shall appoint inspectors of electric meters, 
 whose duties it shall be, when required by the commission, to inspect, 
 examine and ascertain the accuracy of any and all electric meters 
 used or intended to be used for measuring and ascertaining the 
 quantity of electric current used for light, heat or power by any 
 person, corporation or municipality to or for the use of any person 
 or corporation, and to inspect, examine and ascertain the accuracy 
 of all apparatus for testing and proving the accuracy of electric 
 meters, and when found to be or made to be correct the inspector 
 shall stamp or mark all such meters and apparatus with some suit- 
 able device, which device shall be recorded in the office of the sec- 
 retary of state. No corporation, person or municipality shall 
 furnish, set or put in use any electric meter the type of which shall 
 not have been approved by the commission. 
 
 517—26 29 
 
448 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 4. Every gas corporation, electrical corporation, water corpora- 
 tion and municipality shall provide, repair and maintain such suit- 
 able premises and apparatus and facilities as may be required and 
 approved by the commission for testing and proving the accuracy of 
 gas, water and electric meters furnished for use by it, and by which 
 apparatus every meter may be tested. 
 
 5. If any consumer to whom a meter has been furnished shall 
 request the commission in writing to inspect such meter, the com- 
 mission shall have the same inspected and tested; if the same upon 
 being so tested shall be found to be more than four per centum 
 if an electric meter, more than two per centum if a gas meter or 
 more than five per centum if a Avater meter, defective or incorrect 
 to the prejudice of the consumer, the expense of such inspection and 
 test shall be borne by the corporation or municipality, if the same 
 on being so tested shall be found to be correct within the limits of 
 error prescribed by the provisions of this subsection, the expense 
 of such inspection and test shall be borne by the consumer. 
 
 6. The -commission may prescribe such rules and regulations to 
 carry into effect the provisions of this section as it may deem neces- 
 sary, and shall fix uniform reasonable charges for the inspection and 
 testing of meters upon complaint. 
 
 Rev. Stats., 1919, Vol. 2, eh. 68, p. 2308. 
 
 Sec. 7429 (al919). Bates of toll. — The owner or occupier of every 
 public mill or mills doing an exchange business shall be entitled 
 to toll all grain ground thereat according to the following rates: 
 First, if a water mill, one-eighth, and if a mill propelled by power 
 other than water, one-sixth, and no more : Provided, hoioever, That 
 such mills must actually grind or exchange all grain taken to their 
 mills, and take therefrom the toll by weight, as above provided, 
 and no more, as full payment for such grinding, when requested 
 to do so. 
 
 Sec. 7433°. Mills shall keep measures. — The owner or occupier of a 
 public mill * * * shall always keep at such mill a half bushel 
 and a peck measure, tried and sealed by the clerk of the county 
 court, and proper toll dishes for such measures. 
 
 Rev. Stats., 1919, Vol. 2, eh, 69, p. 2309. 
 
 Sec. 7458°. Screening coal before weighing, prohibited. — It shall be 
 unlawful for any mine owner, lessee or operator of coal mines in 
 this State, employing miners at bushel or ton rates, or other quan- 
 tity, to pass the output of coal mined by said miners over any 
 screen or any other device which shall take any part from the value 
 thereof before the same shall have been weighed and duly credited 
 to the employe sending the same to the surface, and accounted 
 for at the legal rate of Aveights as fixed by the laws of Missouri; 
 and no employe within the meaning of this section shall be deemed 
 to have waived any right accruing to him under this section by any 
 contract he may make contrary to the provisions thereof. And any 
 provision, contract or agreement betAveen mine OAvners or oper- 
 ators thereof, and the miners employed therein, whereby the pro- 
 visions of this section are waived, modified or annulled, shall be 
 void and of no effect, and the coal sent to the surface shall be ac- 
 cepted or rejected; and if accepted, shall be weighed in accordance 
 
Missouri 449 
 
 with the provisions of this article, and right of action shall not 
 be invalidated by reason of any contract or agreement; and any 
 owner, agent or operator of any coal mine in this State who shall 
 knowingly violate any of the provisions of this section shall be 
 deemed guilty of a misdemeanor, and, upon conviction, shall be 
 punished by a fine of not less than two hundred dollars nor more 
 than five hundred dollars for each offense, or by imprisonment in 
 the county jail for a period of not less than sixty days nor more 
 than six months, or by both such fine and imprisonment; proceed- 
 ings to be instituted in any court having competent jurisdiction. 
 
 Sec. 7459. Weighman and check weighman shall take oath, etc.; 
 penalty. — The weighman employed at any mine shall subscribe an 
 oath or affirmation before a justice of the peace, or other officer 
 authorized to administer oaths, to do justice between employer and 
 employe, and to truly and correctly weigh the output of coal from 
 the mines as herein provided. The miners employed by or engaged 
 in working for any mine owner, operator or lessee of any mine in 
 this State shall have the privilege, if they desire, of employing 
 at their own expense a check weighman, who shall have like equal 
 rights, powers and privileges in the weighing of coal as the regular 
 weighman, and be subject to the same oath and penalties as the 
 regular weighman. Said oath or affirmation shall be kept con- 
 spicuously posted in the weigh office, and any weigher of coal 
 or person so employed, who shall knowingly violate any of the 
 provisions of this article, or any owner, operator or agent of any 
 coal mine in this State who shall forbid or hinder miners employing 
 or using a check weighman as herein provided, or who shall prevent 
 or willfully obstruct any such check weighman in the discharge 
 of his duty, shall be deemed guilty of a misdemeanor, and upon 
 conviction shall be punished by a fine of not less than one hundred 
 dollars nor more than five hundred dollars for each offense, or by 
 imprisonment in the county jail for a period not less than thirty days 
 nor more than ninety days, or by both such fine and imprisonment 
 proceedings to be instituted in any court having competent juris- 
 diction. Whenever the coal mine inspector shall be satisfied that 
 the provisions of this section have been willfully violated, it shall 
 be his duty to forthwith inform the prosecuting attorney of any 
 such violation, together with all the facts in his knowledge, and the 
 prosecuting attorney shall thereupon investigate the charge so pre- 
 ferred, and if he be satisfied that the provisions of this section have 
 been so violated, it shall be his duty to prosecute the person or 
 persons guilty thereof. 
 
 Sec. 7460. Penalty for using false scales.— Every owner, agent or 
 operator of any coal mine in the State, employing miners at bushel 
 or ton rates, shall provide at such mine or mines accurate and suitable 
 scales of standard manufacture upon which shall be weighed all coal 
 coming out of such mine or mines; said scale or scales to be located 
 at a reasonable distance from the point where the coal is delivered 
 to the surface opening of the mine or mines, and in no case shall said 
 scale or scales be located at a greater distance from said surface 
 opening of the mine or mines than one hundred feet. Any owner, 
 agent, operator, person, or persons having or using any scales or 
 scale for the purpose of weighing the product of the miners' labor, 
 
450 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and so arranges or constructs said scale or scales, or by any con- 
 trivance therewith connected causes the fraudulent weighing of such 
 coal or said product, or who shall knowingly resort to, permit or em- 
 ploy any person or means whatsoever, by reason of which said prod- 
 uct of the mine is not correctly weighed and reported in accordance 
 with the true weight and the provisions of this article, shall be 
 deemed guilty of a misdemeanor, and shall, upon conviction for each 
 and every offense, be punished by a fine of not less than two hundred 
 dollars, nor more than five hundred dollars, or by imprisonment in 
 the county jail for a period not to exceed ninety days, or by both 
 such fine and imprisonment ; proceedings to be instituted in any court 
 of competent jurisdiction. 
 
 Sec. 7461. Shall apply to loaders in certain mines. — The manner of 
 weighing, as hereinbefore provided for, shall apply to the class of 
 workers in mines known as loaders, engaged in mines wherein the 
 mining is done by machinery, whenever the workmen are under con- 
 tract to load coal by the bushel, ton, or any quantity the settlement 
 of which is had by weight. 
 
 Sec. 7462. Inspector to test scales. — The coal mine inspector of this 
 State shall be ex officio inspector of weights, measures and scales 
 used at coal mines, and he is herebj^ empowered and it shall be his 
 duty to test the scales used to weigh coal mined in the mines of this 
 State at least every six months, to ascertain whether or not such 
 scales correctly measure the weight of such coal, and if defects or 
 irregularities are found in such scales which prevent correct weights 
 and measurements the inspector shall call the attention of the mine 
 owner, agent or operator to said defects and direct that the same be 
 at once properly adjusted and corrected. If the owner, agent or 
 operator of anjr coal mine in this State shall refuse to allow such in- 
 spector to properly test the scales used at such mine or mines, or shall 
 fail or refuse to put such scales in proper adjustment and condition, 
 so that the same shall correctly weigh the coal mined after being 
 notified by said inspector so to do, such owner, agent or operator 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof, shall be fined not exceeding five hundred dollars, or be 
 confined in the county jail not exceeding six months, or both, in the 
 discretion of the court, and it shall be the duty of the prosecuting 
 attorneys in the respective counties to prosecute any person, firm or 
 corporation violating the provisions of this section the same as in 
 other misdemeanor cases. 
 
MONTANA 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 7, p. 256. 
 
 Sec. 112°. State sealer of weights and measures. — The secretary of 
 state is ex officio State sealer of weights and measures, and his duties 
 as such officer are defined by sections 4235 to 4264 of this code. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 275, p. 1528. 
 
 Sec. 4235 (1913). State sealer, who is; deputy sealers, who are. — The 
 secretary of state is hereby declared to be and is the ex officio State 
 sealer of weights and measures. The sealers of weights and meas- 
 ures of each municipal corporation are hereby declared to be deputy 
 sealers of weights and measures of their respective municipal cor- 
 porations. All deputy sealers of weights and measures shall receive 
 no compensation other than such as may be provided by law, and 
 shall be paid by the municipal corporation of which they are such 
 officers. 
 
 Sec. 4236 (al917). Authority and duties of State sealer of weights and 
 measures; supervision of weights and measures; standards to be kept, 
 where ; correction of standards of counties, cities and towns ; county audi- 
 tors and clerks designated as inspectors. — (1) The State sealer of 
 weights and measures shall have full authority and supervision over 
 the inspectors of weights and measures, hereinafter provided for, 
 and all deputy sealers of weights and measures appointed as such 
 by any municipal corporation within the State. Said State sealer 
 of weights and measures shall have general supervision over the 
 weights and measures of the State. He shall take charge of the 
 standards of weights and measures and shall procure at the expense 
 of the State any weights and measures that may be necessary, and 
 shall cause them to be kept and in no case removed from a fire-proof 
 vault in his office, except for the purpose of certification or repairs. 
 He shall maintain said standards in good order and submit them 
 once in ten years to the National Bureau of Standards for certifica- 
 tion. He shall correct the standards of the several counties, cities, 
 and towns as often as he may deem necessary, and at least as often 
 as once in five years, and where not otherwise provided by law he 
 shall have general supervision of the weights and measures, or 
 weighing and measuring devices of the State in use in the State. 
 
 (2) The county auditors, in counties of the first, second, third, 
 fourth, and fifth class, and county clerks, in counties of the sixth, 
 seventh, and eighth class, are hereby declared to be inspectors of 
 weights and measures in their respective counties. 
 
 Sec. 4237. Secretary of state ex officio State sealer of weights and 
 measures. — The secretary of state, as ex officio State sealer of weights 
 and measures, shall be authorized to do and perform any and all 
 acts by this act authorized. All bills and accounts or expense 
 incurred by the State sealer of weights and measures shall be 
 
 451 
 
452 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 presented to and allowed by the State board of examiners, in the 
 same manner as provided for other claims contracted for and in 
 behalf of the State of Montana. 
 
 Sec. 4238 (1913). Duties of sealer of weights and measures as to in- 
 spection; annual test of apparatus in State institutions. — Said State 
 sealer of weights and measures, or his inspectors, shall visit the 
 various counties, cities, and towns in the State, and in the per- 
 formance of his duties, he, or his inspectors, may inspect weights 
 and measures and balances which are used for buying or selling 
 goods, wares, merchandise, or other commodities, and for public 
 weighing, and shall, upon a written request of any citizen, first 
 [firm] or corporation, or educational institution of the State, test or 
 calibrate weights and measures, weighing devices, or apparatus 
 used as test standards in the State. He or his inspectors shall at 
 least once annually test all scales, weights and measures used in 
 checking the receipts or disbursements of supplies of every State 
 institution, and he shall report in writing his findings to the execu- 
 tive officer of the institution concerned. 
 
 Sec. 4239. Inspection and certificates. — The State sealer of weights 
 and measures, or the State deputy sealer of weights and measures, 
 or inspectors of weights and measures, may, in the discharge of their 
 duties, inspect weights and measures. It is hereby made the duty 
 of the State sealer of weights and measures, or his inspectors, or 
 the State deputy sealer of weights and measures, to at least once 
 each year, inspect all weights and measures, balances, measuring 
 or weighing devices of different kinds throughout the State of 
 Montana. The State sealer of weights and measures shall prepare 
 a certificate of suitable size to be attached or affixed to all weights 
 or measures or measuring devices so tested. Said certificate shall 
 bear a fac simile signature of the State sealer of weights and 
 measures and shall be countersigned by the inspectors of weights 
 and measures, or the State deputy sealer of weights and measures, 
 or such inspectors of weights and measures as may be designated 
 by any municipal corporation. The certificate as prepared by the 
 State sealer of weights and measures shall be numbered inconsecu- 
 tive order, and shall have printed or stamped upon such certificate 
 the year, and shall be furnished to the inspector of weights and 
 measures and to the sealer of weights and measures of any munici- 
 pal corporation of the State, upon application therefor. The in- 
 spector of weights and measures of any municipal corporation shall 
 pay to the State sealer of weights and measures for all such cer- 
 tificates so issued to him the sum equal to the actual cost of the 
 number of certificates so received. 
 
 Sec. 4240. Apparatus must be tested before use; penalty for violation. — 
 From and after the passage and approval of this act it shall be 
 unlawful for any person or persons, firm, or co-partnership, cor- 
 poration, or association of persons engaged in the trade of buying 
 or selling, purchasing or disposing of, or dealing in any merchan- 
 dise or commodities to any person or persons in the State of Mon- 
 tana, to sell or purchase by weight or by measure, 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 
 
MONTANA 453 
 
 a certification attached thereto by the State sealer of weights and 
 measures, or by inspectors of weights and measures, or by sealers 
 of weights and measures appointed by any municipal corporation in 
 the State of Montana. Such certificate shall be attached or placed 
 in a conspicuous place upon such weighing or measuring device. 
 Any person or persons using any weight or measure, or scale or 
 other measuring device after the passage and approval of this act, 
 or annually thereafter, which has not been tested as provided by this 
 act, shall, upon conviction thereof, be deemed guilty of a misde- 
 meanor and fined in the sum of not less than twenty-five dollars nor 
 more than three hundred dollars. Any person or persons who shall 
 be deemed guilty of a second offense, as provided in this act, shall 
 be punished by a fine of not less than one hundred dollars nor more 
 than five hundred dollars and each and every successive day any 
 person or persons shall so use any weights and measures, scales, or 
 other measuring devices shall be and is hereby declared to be a sepa- 
 rate and distinct offense. 
 
 Sec. 4241. Owners of apparatus mast nave same tested and sealed. — 
 Every person or persons, firm, copartnership, or corporation en- 
 gaged in the trade of buying and selling, or as a public weigher or 
 user of weights and measures, shall, between the first day of Jan- 
 uary and the first day of March of each year, have his weights, 
 measures, balances, and scales adjusted and sealed, and it is hereby 
 made the duty of the inspector of weights and measures of the 
 various districts of the State to examine and adjust all measures, 
 balances, and scales used by persons within district engaged in 
 buying, selling, or as public weighers or users of weights and 
 measures. 
 
 Sec. 4242. Sealers to make inspection, when; hay, wagon and railroad 
 track scales to be tested. — After the first day of March of each year, 
 the sealer of weights and measures, or his inspectors, or the deputy 
 sealer of weights and measures, shall visit the places of business 
 and enter upon the carts, wagons or vehicles then in use for the 
 business of all persons engaged in the trade of buying and selling, 
 or selling who have weights, measures, or balances which have not 
 been sealed during the current year, and try, adjust, and seal the 
 same. He shall at least once every six months try, adjust, and seal 
 every hay scale, wagon scale, railroad track scale, or platform scale 
 or balances used in the trade of buying and selling or selling or for 
 public weighing. 
 
 Sec. 4243. Inspection and test of apparatus; annual test of computing- 
 scales. — The State sealer of weights and measures, the deputy State 
 sealer, or his inspectors of weights and measures, or municipal sealer 
 of weights and measures, shall have power to inspect, test, try and 
 ascertain if they are correct, all weights, scales, beams, measures of 
 any kind, instrument or mechanical devices for measurement, and 
 the tools, appliances, or accessories connected with any or all of such 
 instruments or measurements, used or employed within the State by 
 a proprietor, agent, lessee, or employe in determining the size, quan- 
 tity, extent, area, or measurement of quantities, things, produce, arti- 
 cles for distribution or consumption, offered or submitted by such 
 person or persons for sale, hire, or award : Provided, also, That the 
 State sealer of weights and measures, or his deputy, or his inspectors, 
 
454 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or any municipal sealer of weights and measures, shall, at least once 
 a year and as often as may be deemed necessary, try and prove all 
 computing scales and other devices having a device for indicating 
 or registering the price as well as the weight of the commodity 
 offered for sale. Computing devices, which may be used by any per- 
 son at any place within this State shall be tested as to the correctness 
 of both weight and arithmetical values indicated by them. 
 
 Sec. 4244. Commodities, test of at irregular intervals; police powers 
 of sealers; prosecution of offenders. — The sealer of weights and meas- 
 ures, his deputy, or his inspectors, or municipal sealer of weights 
 and measures, may, at irregular intervals, examine all commodities 
 sold and offered for sale and test them for correct weight, measure, 
 or count. He, his deputy, or his inspectors, or municipal sealers may, 
 for the purposes above mentioned, and in the general performance 
 of their official duties, enter or go into or upon, with or without 
 formal warrant, any stand, place, building, or premises, or may stop 
 any vendor, peddler, junk dealer, coal wagon, ice wagon, or any 
 dealer whatsoever, for the purpose of making the proper tests; and 
 in the exercise of such duties they shall have full police power to 
 enforce any and all reasonable measures for testing such weights and 
 measures, and also in ascertaining whether false or short weights and 
 measures are being given in any scales [sales] or transfer of articles 
 of merchandise 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 violat- 
 ing the provisions of this act, or any act relating to weights and 
 measures, they shall submit the evidence to the properly constituted 
 authority in the county in which such violation occurs, who shall 
 thereupon prosecute the persons alleged to have violated the provi- 
 sions of this act, or any act relating to weights and measures, or such 
 evidence may be submitted direct to the attorney general of the 
 State, who shall have authority to prosecute such persons in the 
 proper county. 
 
 Sec. 4245. Control of track scales; condemnation of track scales; 
 authority of official to condemn; fraud in sales. — (a) All track scales 
 used by common carriers for the purpose of weighing freight in 
 carload lots within this State shall be under the control and direc- 
 tion and jurisdiction of the State sealer of weights and measures, 
 and subject to inspection by him, his inspectors, or deputy sealers 
 of weights and measures. 
 
 (&) The State sealer of weights and measures, his inspectors, or 
 his deputy sealers of weights and measures, shall have power either 
 on their own motion or on complaint being made, to determine 
 whether any such track scales are defective or inefficient, or whether 
 the time, manner, or method of using same is unreasonable, in- 
 effective or unjust, and shall have power to condemn any such scale 
 found to be defective or inefficient, and prohibit the use of the same 
 while in that condition, and to render such decision and to make 
 such order, rule, or regulation as may be deemed necessary or ad- 
 visable. 
 
 (<?) Any person or persons who shall knowingly and willfully 
 sell, or direct or permit any person or persons in his or their employ 
 to sell any commodity or article of merchandise, and make or give 
 

 MONTANA 455 
 
 any false or short weight or measure, or any person or persons own- 
 ing or keeping, or having charge of any scales or steel-yards for 
 the purpose of weighing livestock, hay, grain, coal, or other articles, 
 who shall knowingly and willfully report any false or untrue weight, 
 Whereby any other person or persons may be defrauded or injured, 
 shall be fined in any sum not exceeding five hundred dollars, or be 
 imprisoned in the jail of the county not exceeding thirty days, at 
 the discretion of the court, and also be answerable to the party de- 
 frauded or injured in double damages. 
 
 Sec. 4246. Weight or measure of commodities sold to be marked on con- 
 tainers; proviso; commodities to be sold by net weight, measure or nu- 
 merical count; unlawful to give false or short weight or measure; viola- 
 tion; prima facie evidence; permissible variations. — From and after 
 January 1, 1914, it shall be unlawful for any person or persons, 
 association, or corporation, to sell or offer for sale in this State, any 
 commodity or article of merchandise in a package or container, 
 without having such package or container labeled in plain, in- 
 telligible words and figures, with a correct statement of the net 
 weight, measure, or numerical count of its contents : Provided, That 
 nothing in this section shall prevent the putting up of commodities 
 or articles of merchandise which have been previously sold by net 
 weight, measure, or numerical count, into packages or containers for 
 the purpose of delivering or transporting such commodities or ar- 
 ticles of merchandise : Provided, further, That nothing in this sectiou 
 shall apply to commodities or articles of merchandise, except milk 
 and cream, offered for sale or sold in packages or containers at a 
 price of ten cents or less per such package. 
 
 1. It shall be unlawful for any person to sell or offer for sale 
 in this State any commodity or article of merchandise, except by 
 true net weight, measure, or numerical count, except where the 
 parties otherwise agree. Contracts for work done, or for anything 
 to be sold by weight or measure, shall be construed according to the 
 standards hereby adopted as the standards of this State, except 
 where the parties have agreed upon any other calculations of 
 measurement, and all statements and representations of any kind 
 referring to the weight or measure of commodities or articles of 
 merchandise shall be understood in the terms of the standards of 
 weights and measures aforesaid. 
 
 2. It shall be unlawful for any person, in buying or selling any 
 commodity or article of merchandise, to make or give false or 
 short weight or measure, or to sell or offer for sale any commodity 
 or article of merchandise less in weight or measure than he repre- 
 sents, or to use a weight, measure, balance, or measuring device 
 that is false and does not conform to the authorized standard for 
 determining the quantity of any commodity or article of merchan- 
 dise, 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 mer- 
 chandise a computing scale or device indicating the weight and 
 price of such commodity or article of merchandise, upon which 
 scale or device the graduations or indications are falsely or in- 
 accurately placed either as to weight or price, or to use any com- 
 puting scale having a horizontal registering bar with a barrel com- 
 
456 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 puting device, unless such scale is adjusted to register the correct 
 weight from all angles of vision. 
 
 3. Any person who shall violate any of the provisions of this 
 act shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof in a court having jurisdiction of the 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 meas- 
 uring device which shall have been used by him in such violation 
 shall be ordered confiscated and destroyed. He shall also be liable 
 in damages to the party injured by his violation in treble the 
 amount of the property wrongfully taken or not given, and twenty 
 dollars in addition thereto, to be recovered in a court of competent 
 jurisdiction. The selling and delivery of any commodity or article 
 of merchandise shall be prima facie evidence of the representation 
 on the part of the vender that the quantity sold and delivered was 
 ihe quantity bought by the vendee. There shall be taken into con- 
 sideration the usual and ordinary leakage, evaporation, or waste 
 that there may be from the time a package or container is filled 
 by a vender until he sells the same. A slight variation from the 
 stated weight, measure, or quantity for individual packages not to 
 exceed three per cent is permissible; provided, that the variation 
 is as often above as below the weight, measure or quantity stated. 
 
 Sec. 4247. Record and report of work done by sealers and inspectors. — 
 The State sealer of weights and measures shall keep a complete 
 record of all work done under his direction, and shall make an annual 
 report not later than the first day of January of each year, pre- 
 ceding the meeting of the legislative assembly. The inspectors of 
 weights and measures, and all municipal sealers of weights and 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, all work done by them for the preceding 
 month. The State sealer of weights and measures shall provide a 
 system of records, to be kept by all inspectors of weights and meas- 
 ures and municipal sealers of weights and measures, together with 
 blank reports, upon which all reports of said inspectors and sealers 
 of weights and measures are to be made. The form of record pro- 
 vided by the State sealer of weights and measures for all inspectors 
 and municipal sealers of weights and measures shall be the form 
 to be observed and kept by them, and after the said State sealer of 
 weights and measures shall have prescribed the form of said records, 
 said records so kept by any municipal sealer shall be filed in the 
 office of the city clerk of the municipal corporation and become a 
 record of said State. 
 
 Sec. 4248. Stamping weight or measure without verifying it. — Any 
 person authorized to seal weights and measures in accordance with 
 this act who shall, without duly verifying the weights and measures 
 of any person by comparison with the standard of weights and meas- 
 ures, stamp a weight or measure, or attach thereto a certificate that 
 said weight or measure has been duly tested, is hereby declared, 
 upon conviction thereof, to be guilty of a misdemeanor, and shall 
 be subject to a penalty of a fine of not less than fifty dollars nor more 
 than three hundred dollars. 
 
MONTANA 457 
 
 Sec. 4249. Weights and measures to be marked on top; apothecaries' 
 weights and measures.- — Every weight for use in trade, except when 
 the small size of the weight renders it impracticable, shall have the 
 denomination of such weight permanently marked on the top side 
 thereof in legible figures or letters; and every measure of capactiy 
 for use in trade shall have the denomination and kind thereof per- 
 manent^ marked on the outside of such measures in legible figures 
 or letters. A weight or measure not in conformity with this section 
 shall not be stamped by the State sealer of weights and measures, or 
 inspector of weights and measures, or deputy sealers of weights and 
 measures. 
 
 (a) Apothecaries and all other persons dealing in drugs, medi- 
 cine, and merchandise commonly sold by apothecaries' weight or by 
 apothecaries' liquid measure shall at least once in two years cause 
 such weights and measures so used to be tested and sealed by officers 
 authorized under this act to inspect weights and measures. 
 
 Sec. 4250. Procedure where weight or measure can not be adjusted 
 readily. — If any weights, measures, or balances can be readily ad- 
 justed by such means as the inspector or sealer of weights and meas- 
 ures may have at hand, he may adjust and seal them, but if they can 
 not be readily, adjusted he shall affix to such weights, measures, or 
 balances, a notice forbidding their use until he is satisfied they have 
 been so adjusted as to conform with the standard. Any person or 
 persons who remove said notice, without the consent of the officer 
 affixing the same, shall upon conviction, be fined in a sum not to ex- 
 ceed fifty dollars. 
 
 Sec. 4251. Condemnation of weights or measures. — All weights, meas- 
 ures, and balances, which can not be made to conform to the stand- 
 ard weights and measures as herein provided, shall have stamped 
 " Condemned " or " C. D." by the sealer of weights and measures. 
 
 Sec. 4252. Seizure of illegal weights and measures. — The State sealer 
 of weights and measures, or inspector of weights and measures, or 
 deputy sealer of weights and measures, may seize, without a warrant, 
 such weights, measures, or balance as may be necessary to be used 
 as evidence in case of violation of any act relative to the sealing of 
 weights and measures. They shall be returned to the owners or for- 
 feited as the court may direct. 
 
 Sec. 4253. Itinerant peddlers. — All itinerant peddlers and hawkers, 
 using scales, balances, weights, or measures, shall take the same to the 
 office of the State sealer of weights and measures, or inspector of 
 weights and measures or deputy sealer of weights and measures, be- 
 fore any use is made thereof, and have the same sealed and adjusted 
 annually; and any such person failing to comply with the provisions 
 of this section shall be fined not less than five dollars nor more than 
 one hundred dollars for each offense, and every day such person 
 shall use such scales, balances, weights, or measures, without having 
 the same adjusted and sealed as hereinbefore provided for, shall con- 
 stitute a separate and distinct offense. Any itinerant peddler or 
 hawker found using any false scale shall be subject to a fine of not 
 less than ten dollars nor more than fifty dollars for each offense. 
 
 Sec. 4254. Sale of milk and cream. — All milk, cream, and skimmed 
 shall prior to being used in such scale [sale], be sealed by the 
 milk shall be sold only by standard wine measure, and by or in 
 measures, cans, jars, bottles, or other vessels or receptacles, which 
 shall prior to being used in such scale [sale], be sealed by the 
 
458 LAWS CONCERNING "WEIGHTS AND MEASURES 
 
 sealer of weights and measures of the town where the person so 
 using the same shall usually reside in this State, or of the town 
 where such milk shall be sold for use; and every person selling 
 any of the same contrary to this section, or delivering any of the 
 same sold contrary hereto, shall be fined for the first offense not 
 less than fifty dollars and not exceeding one hundred dollars and 
 for the subsequent offense not less than one hundred dollars or 
 imprisonment not to exceed ninety days, or both such fine and 
 imprisonment. Any purchaser of milk, cream, or skimmed milk, 
 having reason to believe that any measure, can, jar, bottle, or other 
 vessel or receptacle, in which milk, cream, or skimmed milk is 
 sold and delivered to him, is not of sufficient size or capacity to 
 contain, by standard wine measure, the amount thereof purchased, 
 may apply to the sealer of weights and measures, which sealer 
 shall test the capacity of the same and issue to such purchaser his 
 certificate stating the capacity thereof; and if such capacity, ac- 
 cording to such certificate, shall be less than the amount purchased, 
 such purchaser may make complaint and deliver such certificate 
 to any officer authorized to make complaint for the violation of 
 this act. 
 
 Sec. 4255. Capacity of milk receptacles and marking thereof. — No 
 person or corporation shall, after the passage of this act, sell or 
 offer for sale within the State of Montana, any milk or cream in 
 bottles or in glass jars, unless each of said bottles or glass jars in 
 which said milk or cream is sold or offered for sale shall have blown 
 into it, or otherwise indelibly and permanently indicated thereon 
 in a legible and conspicuous manner, the capacity thereof, and the 
 State sealer of weights and measures or inspector of weights 
 and measures, or deputy sealer of weights and measures, shall 
 have the right, at any time, to examine any bottle or glass 
 jar in which milk or cream is sold or offered for sale in the 
 State of Montana, or which is used by any person or corporation 
 for the purpose of containing milk or cream to be sold or offered 
 for sale, in order to ascertain whether such bottle or jar is of a 
 capacity not less than that which it purports to be ; and if any such 
 bottle or jar is of less capacity than that 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 con- 
 spicuous manner, its capacity as aforesaid, the person or corpora- 
 tion selling or offering for sale milk or cream in any such bottle or 
 jar, or having in his possession any such bottle or jar, to be used or 
 which has been used for the purpose of containing milk or cream to 
 be sold or offered for sale in said State of Montana shall, upon con- 
 viction, be fined not less than five dollars nor more than one hundred 
 dollars for each offense ; and each and every bottle or glass jar found 
 in the possession of any person or corporation used or to be used, 
 or which has been used by such person or corporation for the pur- 
 pose of containing milk or cream to be sold or offered for sale in 
 the State of Montana, which shall be found to be of a less capacity 
 than that blown into the same, or otherwise so indelibly and per- 
 manently indicated thereon, or which shall not have blown into it or 
 otherwise indelibly and permanently indicated thereon in a legible 
 and conspicuous manner the capacity as aforesaid, shall constitute 
 a separate and distinct offense on the part of such person or cor- 
 
MONTANA 459 
 
 poration, and upon conviction such person or corporation shall be 
 fined in a sum not less than ten dollars nor more than three hundred 
 dollars. 
 
 Sec. 4256. Use of false weights or measures; penalty. — A person who 
 uses, or has in his possession for use in trade, any weight, measure, 
 scale, balance, steelyard, or weighting machine, which is false or 
 incorrect, shall be fined not more than one hundred dollars, or in 
 case of a second offense, not more than two hundred dollars, and any 
 contract for gain, deal, or dealing made by the same shall be void 
 and the weight, scale, measure, balance, or steelyard shall be liable 
 to be forfeited. 
 
 Sec. 4257. What constitutes legal weights and measures. — A weight 
 or measure duly stamped by the State sealer of weights and measures, 
 or inspector of weights and measures, or deputy sealer of weights 
 and measures, or by the National Bureau of Standards, shall be a 
 legal weight or measure throughout the State, unless found to be 
 false or incorrect, and shall not be liable to be resealed because used 
 in any other place than that in which it was originally stamped. 
 
 Sec. 4258. Fraud in sale of commodities. — Whoever sells or offers for 
 sale a less quantity than represented, or sells in a manner contrary 
 to law, shall be guilty of fraud, and, shall be fined not more than 
 one hundred dollars, or, in case of a second offense, not more than 
 two hundred dollars. 
 
 Sec. 4259. Tolerances and their establishment. — The State sealer of 
 weights and measures shall, after consultation with, and with the 
 advice of the National Bureau of Standards, establish tolerances for 
 use in the State of Montana, and said tolerances shall be the legal 
 tolerances in the State of Montana. 
 
 Sec. 4260. Refusal to produce weights and measures for inspection; 
 penalty. — A person who neglects or refuses to produce for the State 
 sealer of weights and measures, or inspectors of weights and meas- 
 ures, or deputy sealer of weights and measures, all weights, measures, 
 or balance in his possession and used in trade, or on his premises, 
 or refuses to permit the said officers to examine the same, or obstructs 
 the entry of said officers, or otherwise obstructs or hinders any official 
 under this law, or violates any of the provisions of this act, shall be 
 fined not more than one hundred dollars, and in case of a second 
 offense, not more than two hundred dollars. 
 
 Sec. 4261. Rules and regulations for inspectors and sealers.— The 
 State sealer of weights and measures is hereby authorized to make 
 and promulgate such rules and regulations for the government, 
 guidance, and direction of inspectors of weights and measures, and 
 deputy city sealers of weights and measures, in conformity with 
 this act, as may be necessary to carry out the provisions of this act in a 
 uniform manner. Such rules and regulations, when promulgated 
 by the State sealer of weights and measures, with the approval of the 
 governor of the State of Montana endorsed thereon, shall have the 
 same force and effect as if provided for in this act. Such rules and 
 regulations shall be published at least once in a newspaper of general 
 circulation in each county and city of the State of Montana. 
 
 Sec. 4262. Penalty for violation of law. — Any person or persons 
 violating any of the provisions of this act where no other penalty 
 is provided shall, upon conviction thereof, be fined in a sum not less 
 
460 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 than twenty-five dollars nor more than three hundred dollars or by 
 imprisonment in the county jail not less than thirty nor more than 
 ninety days. 
 
 Sec. 4263. Authority of sealers or inspectors as deputy sheriffs. — The 
 State sealer of weights and measures, inspectors of weights and 
 measures, or sealer of weights and measures of the various cities, 
 towns, and counties throughout the State, shall be, by virtue of their 
 respective offices, deputy sheriffs, and as such shall have power to 
 arrest and detain any person violating the provisions of this act, 
 without warrant. 
 
 Sec. 4264. Collection and distribution of fines and penalties. — All fines 
 collected for violation of the provisions of this act shall be paid to 
 the State treasurer for support and maintenance of the department 
 of weights and measures. All justices of the peace and clerks of 
 district courts who may collect any fine imposed for the violation 
 of the provisions of this act "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 quarterly to the State treasurer, taking his receipt 
 therefor. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 275, p. 1528. 
 
 Sec. 4212°. Standards. — The weights and measures accepted and used 
 by the Government of the United States at the present time, except 
 as hereinafter provided, are the lawful standard weights and meas- 
 ures of the State. 
 
 Sec. 4213. Yard. — The standard yard is the unit or standard meas- 
 ure of length and surface from which all other measures of exten- 
 sion, whether lineal, superficial or solid, are derived and ascer- 
 tained. 
 
 Sec. 4214. Subdivisions of yard. — The yard is divided into three equal 
 parts, called feet, and each foot into twelve equal parts called inches ; 
 for measures of cloths and other commodities commonly sold by the 
 yard, it may be divided into halves, quarters, eighths, and six- 
 teenths. 
 
 Sec. 4215. Rod, mile; chain and link. — The rod, pole, or perch, con- 
 tains five and a half yards, and the mile one thousand, seven hun- 
 dred and sixty yards; the chain for measuring land is twenty-two 
 yards long, and divided into one hundred equal parts, called links. 
 
 Sec. 4216. Acre. — The acre for land measure must be measured 
 horizontally, and contains ten square chains, and is equivalent in 
 area to a rectangle sixteen rods in length and ten in breadth; six 
 hundred and forty acres being contained in a square mile. 
 
 Sec. 4217. Units of weight. — The standard avoirdupois and troy 
 weights are the units or standards of weight from which all other 
 weights are derived and ascertained. 
 
 Sec. 4218. Division of pound; hundredweight; ton. — The avoirdupois 
 pound, which bears to the troy pound the ratio of seven thousand 
 to five thousand, seven hundred and sixty, is divided into sixteen 
 equal parts, called ounces; the hundredweight consists of one 
 hundred avoirdupois pounds, and twenty hundredweight consti- 
 tute a ton. The troy ounce is equal to the twelfth part of the troy 
 pound. 
 
MONTANA 
 
 461 
 
 Sec. 4219. Liquid measures. — The standard gallon and its parts are 
 the units or standards of measure of capacity for liquids, from 
 which all other measures of liquids are derived and ascertained. 
 
 Sec. 4220. Barrel and hogshead. — The barrel is equal to thirty-one 
 and a half gallons, and two barrels constitute a hogshead. 
 
 Sec. 4221. Solid measure. — The standard half bushel is the unit or 
 standard measure of capacity for substances other than liquids, 
 from which all other measures of such substances are derived and 
 ascertained. 
 
 Sec. 4222. Division of half bushel. — The peck, half peck, quarter 
 peck, quart and pint measures for measuring commodities other 
 than liquid are derived from the half bushel by successively dividing 
 that measure by two. 
 
 Sec. 4223. Heaped measure; measures, shape and dimensions. — The 
 measures of capacity for charcoal, ashes, marl, manure, Indian 
 corn in the ear, fruit, and roots of every kind, and for all other 
 commodities commonly sold by heap measure, are the half bushel 
 and its multiples and subdivisions; and the measures used to meas- 
 ure such commodities must be made cylindrical, with plane and even 
 bottom, and must be of the following diameters from outside to 
 outside: The bushel, nineteen and a half inches; half bushel, fifteen 
 and a half inches; and the peck, twelve and a third inches. 
 
 Sec. 4224. Manner of heaping measure. — All commodities sold by 
 heap measure must be duly heaped up in the form of a cone; the 
 outside of the measure, by which the same are measured, to be the 
 limit of the case [base] of the cone, and said cone to be as high 
 as the article will admit. 
 
 Sec. 4225. Contracts. — Contracts made within this State for work 
 to be done, or for anything to be sold or delivered by weight or 
 measure, must be construed according to the foregoing standards. 
 
 Sec. 422S (al921). Standard ton; standard bushel. — The standard 
 ton consists of twenty hundred pounds, but a ton of mineral coal is 
 expressed by the conventional quantity of twenty-six and one-third 
 bushels of seventy-six pounds each. A bushel of the articles herein- 
 after named consists of the number of pounds affixed to each, to wit : 
 
 Apples and pears. 
 
 Beans 
 
 Bran 
 
 Carrots 
 
 Barley 
 
 Beets 
 
 Buckwheat 
 
 Coal, mineral 
 
 Corn, in the ear. . 
 
 Cornmeal 
 
 Lime, unslacked-. 
 
 Oats 
 
 Parsnips 
 
 Peas 
 
 Salt 
 
 Pound-; 
 45 
 60 
 20 
 50 
 48 
 50 
 52 
 76 
 70 
 50 
 80 
 32 
 50 
 60 
 50 
 
 Pounds 
 
 Corn, shelled 56 
 
 Hay, per ton 2,000 
 
 Malt. 
 
 Oniony 
 
 Potatoes 
 
 Rye 
 
 Seeds 
 
 Blue-grass 
 
 Timothy 
 
 Hemp 
 
 Turnips 
 
 Clover 
 
 Hungarian grass. 
 
 Flax 
 
 Wheat 
 
 0) 
 
 30 
 57 
 60 
 56 
 ) 
 
 14 
 45 
 44 
 50 
 60 
 50 
 56 
 60 
 
 Sec. 4227. Penalty for taking more than prescribed weights or 
 measures. — Any person, persons, company, or corporation who shall 
 demand, exact, or take more than the prescribed number of pounds 
 
 1 No weight Is shown here for seeds ; the space is also left blank In the session laws. 
 
462 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 per bushel or per ton as fixed by the provisions of the preceding sec- 
 tion, shall be guilty of a misdemeanor, and, upon conviction thereof, 
 shall be punished by a fine of not less than one hundred dollars nor 
 more than five hundred dollars, or by imprisonment in the county 
 jail not less than three nor more than six months, or by both such fine 
 and imprisonment, in the discretion of the court. 
 
 Sec. 4228. Measurement of hay in stack; method of measuring hay in 
 stack. — Hereafter unless otherwise agreed to between the contracting 
 parties, the following shall constitute the legal measurement for 
 hay in stack in the State of Montana: Four hundred and twenty- 
 two cubic feet shall constitute a ton of clean, native, blue joint 
 hay, after thirty days and up to three months settlement in stack; 
 when the same shall have been in the stack three months or over, 
 three hundred and forty cubic feet shall be considered a ton. Five 
 hundred and twelve cubic feet shall constitute a ton of alfalfa or 
 rough slough grass, after the same shall have been in the stack thirty 
 days or more and up to one year. Four hundred and fifty cubic 
 feet shall constitute a ton of clean timothy and clover, after the same 
 shall have been in the stack thirty days or more and up to one year. 
 As to all other kinds of hay, five hundred and twelve cubic feet shall 
 constitute a ton after the same shall have been in the stack sixty days 
 or more and up to one year. For making measurements of hay in 
 stack, the following is hereby made the legal method of measurement, 
 to wit : The width and length of the stack shall be measured, and the 
 distance from the ground against one side of the stack to the ground 
 against the other side of the stack, directly over and opposite, shall 
 be taken in linear feet and inches, and then the width shall be sub- 
 tracted 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 num- 
 ber of cubic feet by the number of cubic feet allowed under the pro- 
 visions of this act for a ton. 
 
 Sec. 4233°. Weights and measures inspected by county sealer. — All 
 vendors and traders in goods and merchandise, gold dust, and other 
 articles of traffic, must have their balances, weights, and measures 
 compared with the standard of their respective counties, and ap- 
 proved and marked by the county sealer, and if the same are found 
 to be correct to be sealed with the name or initial letters of the county 
 inscribed thereon, or condemned by him if found incorrect and 
 marked " condemned." 
 
 Sec. 4234. Penalties. — The penalties for using, marking, or stamp- 
 ing false weights and measures, or selling therewith is [are] provided 
 for in sections 11428 to 11431 of the Penal Code. 
 
 Rev. Codes, 1921, Vol. 4, Penal Code, Part 1, ch. 37, p. 154. 
 
 Sec. 11240°. False weight; penalty. — Every person who, in putting 
 up in any bag, bale, box, barrel, or other package, any hops, cotton, 
 wool, grain, hay, or other goods usually sold in bags, bales, boxes, 
 barrels, or packages, by weight, puts in or conceals therein any- 
 thing whatever, for the purpose of increasing the weight of such 
 bag, bale, box, barrel, or package, with intent thereby to sell the 
 
MONTANA 463 
 
 goods therein, or to enable another to sell the same, for an increased 
 weight, is punishable by fine of not less than twenty-five dollars for 
 each offense. 
 
 Rev. Codes, 1921, Vol. 4, Penal Code, Part 1, ch. 47, p. 204. 
 
 Sec. 11428°. False weight and measure defined. — A false weight or 
 measure is one which does not conform to the standard established 
 by the laws of the United States of America. 
 
 Sec. 11429. Using false weights or measures. — Every person who 
 uses any weight or measure, knowing it to be false, by which another 
 is defrauded or otherwise injured, is guilty of a misdemeanor. 
 
 Sec. 11430. False marking. — Every person who knowingly marks 
 or stamps false or short weight or measure, or false tare, on any cask 
 or package, or knowingly sells or offers for sale, any cask or package 
 so marked, is guilty of a misdemeanor. 
 
 Sec. 11431. Ton, pound. — In all sales of coal, hay and other com- 
 modities, usually sold by the ton or fractional part thereof, the seller 
 must give to the purchaser full weight, at the rate of two thou- 
 sand pounds to the ton ; and in all sales of articles which are sold in 
 commerce by avoirdupois weight, the seller must give to the pur- 
 chaser full weight, at the rate of sixteen ounces to the pound ; and any 
 person violating this section is guilty of a misdemeanor. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 182, p. 932. 
 
 Sec. 2336 (1921). Full weight. — In all sales of coal the person selling 
 the same must give to the purchaser full weight at the rate of two 
 thousand pounds to the ton. 
 
 Sec. 2342. Misdemeanor. — Any violation of any of the provisions 
 of this act shall be deemed a misdemeanor, and shall be punishable 
 by a fine of not more than one thousand dollars, or by imprisonment 
 in the county jail not exceeding six months, or by both such fine and 
 imprisonment. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 44, p. 1856. 
 
 Sec. 5039 (al897). Powers of city or town councils. — The city or 
 town council has power : 
 
 23. To regulate the inspection, weighing, and measuring of wood, 
 coal, stone, corn, or other grain, and hay, within the city or town. 
 
 56. To establish standard weights and measures to be used in the 
 city or town, and to provide for a sealer of standard weights and 
 measures, who has exclusive jurisdiction within the city or town. 
 
 57. To provide for the inspection and measuring of lumber and 
 other building materials. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 199, p. 1008. 
 
 Sec. 2582 (1911). Weights and measures; size of gallon and pound. — 
 In case of food sold by weight or measure, all measures shall be in 
 gallons or fractions thereof, a gallon to contain two hundred and 
 thirty-one cubic inches, and each fraction of a gallon to contain 
 its corresponding fraction of two hundred and thirty-one cubic 
 inches. Where weights or measures are stated in pounds and 
 ounces, they shall be exclusive of the wrapper or other container, and 
 each pound shall contain sixteen ounces, each ounce containing four 
 
 517—26 30 
 
464 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 hundred and thirty-seven and one-half grains. Any person, persons, 
 firm, or corporation selling or offering for sale any article of food 
 as a pound, or any multiple thereof, except by actual weight, the 
 net weight of which is less than sixteen ounces, or the proper mul- 
 tiple thereof to represent the number of pounds sold or offered for 
 sale, and any person, persons, firm, or corporation selling or offer- 
 ing for sale any quantity of food as a gallon, or any fraction thereof, 
 which does not contain two hundred and thirty-one cubic inches net 
 measure, or the fraction thereof represented by the fraction of a 
 gallon offered for sale or sold, shall be guilty of a misdemeanor. 
 
 Sec. 2587. Contents to be marked on packages, when.—* * * 
 That for the purpose of this act, an article shall be deemed to be 
 misbranded; * * * 
 
 In the case of foods : * * * 
 
 Third. If in the package form, and the contents are stated in terms 
 of weight or measure, they are not plainly and correctly stated on 
 the outside of the package. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 276, p. 1545. 
 
 Sec. 4265 (1913). Standard size apple box established. — There is 
 hereby created and established a standard size for apple boxes 
 for the State of Montana. The standard size of an apple box 
 shall be of the following dimensions, when measured without dis- 
 tention of its parts: Depth of end, ten and one-half inches; width 
 of end, eleven and one-half inches; length of box, eighteen inches 
 inside measurements; and representing as nearly as possible two 
 thousand one hundred seventy-three and one-half cubic inches. 
 
 Sec. 4266. Boxes shall be plainly marked " Short box " or by what 
 figures. — Any box in which apples shall be packed and offered for 
 sale that contains less than the required number of cubical inches, 
 as prescribed in the preceding section shall be plainly marked on 
 one side and one end with the words " Short box," or with the 
 words or figures showing the practical relation which the actual 
 capacity of the box bears to the capacity prescribed by the preceding 
 section. The marking required by this paragraph shall be in black 
 letters of the size of not less than seventy-two point black [block] 
 Gothic. 
 
 Sec. 4267. The approximate number of apples, name of grower or 
 packer, place of growth, variety of apples and grade to be plainly 
 marked on box. — The box when packed and offered for sale shall bear 
 upon it or upon the label, and in plain figures, the approximate num- 
 ber of apples in the box, which shall be within five apples of the true 
 count of the number of the style of pack used in the box; also in 
 plain letters the name of the firm, company, or organization who 
 shall have first packed, or authorized the packing of the same. 
 Also the name of the locality where the apples were grown ; also 
 the correct name of the variety of apples contained in the box; 
 also the grade adopted by the grower, firm, company, or organi- 
 zation that authorized the packing of the fruit. 
 
 Sec. 4269. Boxes may be marked " Standard." — The boxes in which 
 the apples are packed in accordance with the provisions of this 
 act may be marked " Standard." 
 
 Sec. 4272, as amended by Laws, 1925, ch. 81, p. 108. Penalty for 
 violation. — No person, firm, company, or organization shall sell or 
 
MONTANA 465 
 
 offer for sale, or shipment within or without the State of Montana, 
 apples branded or packed in boxes in violation of the provisions of 
 this act. Any person, firm, company or organization who shall 
 knowingly sell or offer for sale, or shipment within or without 
 the State of Montana, apples branded or packed in boxes in viola- 
 tion of the provisions of this act, shall be guilty of a misdemeanor 
 and on conviction thereof shall be subject to a fine of not less than 
 ten dollars or more than fifty dollars. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 277, p. 1547. 
 
 Sec. 4273 (1919). Weights for sale of bread prescribed. — From and 
 after the passage of this act it shall be unlawful for any person or 
 persons, association, copartnership or corporation to manufacture 
 for retail or wholesale trade, or to sell bread unless the same shall be 
 of the following weights, which shall be net weights eight hours after 
 baking : One pound, one and one-half pounds, two pounds, three 
 pounds, four pounds, five pounds, six pounds, or other multiple 
 pound weights; variation at the rate of one ounce per pound over 
 and one ounce per pound under the above specified unit weights are 
 to be permitted in individual loaves, but the average weight of not 
 less than twenty-five loaves of any one unit of any one kind shall be 
 not less than the weight prescribed for such unit, and if twin or 
 multiple loaves are wrapped at the place where baked or sold to 
 the consumer wrapped and undivided, the loaf must conform to the 
 above weight requirements, and if the twin or multiple loaf is un- 
 wrapped or divided before being sold to the consumer, each unit 
 of the loaf must conform to the above weight requirements : Pro- 
 vided, That this act shall not apply to persons, firms or corpora- 
 tions who do not hold themselves out to the public, and engaging in 
 a general and established business of manufacturing or selling bread 
 and bread products. 
 
 Sec. 4274. Definition of twin or multiple loaf. — In construing provi- 
 sions of the preceding section the following definitions shall be had : 
 A twin or multiple loaf is one that is made of two or more por- 
 tions of dough baked in one pan; single units weighing less than 
 one pound must not be baked; a manufacturer or seller of loaves 
 of the weights prescribed may cut and sell a portion of a loaf to a 
 consumer; bread may be sold at any time after baking, and it shall 
 not be required that bread shall remain unwrapped for any specified 
 length of time after baking. 
 
 Sec. 4275. Return or repurchase of bread prohibited. — It shall be 
 unlawful for any person or persons, association, copartnership, or 
 corporation engaged in the manufacture for sale, or the sale of bread, 
 to directly or indirectly accept return of bread theretofore sold, nor 
 repurchase the same, nor allow credit to anyone for the same ; nor 
 shall any bread previously sold be exchanged for other bread. 
 
 Sec. 4276. Penalty for violation of act. — Any such manufacturer or 
 seller violating any of the provisions herein contained shall be liable 
 to a fine of not less than ten dollars nor more than one hundred 
 dollars for each and every offense, and each separate sale or viola- 
 tion of any of the provisions of this act shall constitute a separate 
 offense. 
 
466 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 11, p. 1674. 
 
 Sec. 4471 (1905). County commissioners may establish public scales. — 
 The board of county commissioners of any county is hereby author- 
 ized, in its discretion, when petitioned by twenty-five or more resi- 
 dents and freeholders of the county, to establish and locate public 
 scales at any suitable location selected by the county commissioners 
 within the county. 
 
 Sec. 4472. Capacity of scales.— Such scales shall be purchased by 
 the county, and be not less than five tons weighing capacity, and 
 shall be provided with glass or open front which can be observed 
 by the one weighing without dismounting from wagon, and shall 
 be the property of the county, and at all times be under its control 
 and subject to the will of the county commissioners. 
 
 Sec. 4473. The board of county commissioners to appoint public 
 weigher. — The board of county commissioners shall appoint at each 
 place where public scales are established by them, a public weigher, 
 who shall have the custody and care of such property, and who shall 
 give a bond to the county in the sum of five hundred dollars, condi- 
 tioned for the safe-keeping of the same, and for the faithful and im- 
 partial discharge of the duties incident to his trust in office. 
 
 Sec. 4474. Duty of public weigher. — It shall be the duty of each 
 public weigher to keep a stub record of all weighing done by him, 
 which record and the receipt issued such public weigher shall show 
 for whom property was weighed and the character and kind thereof, 
 and shall constitute prima faeie evidence of the facts therein con- 
 tained ; and all such stub records, or other records which the county 
 commissioners may require him to keep, shall at all times be open to 
 public inspection during business hours, between 7 a. m. and 6 p. m. 
 of any day, save and except Sundays and legal holidays, and such 
 public weigher shall file a sworn statement with the county recorder 
 of the county, as prescribed by the county commissioners thereof, 
 which statement shall show the date and character or kind of prop- 
 erty weighed, for whom weighed, and a complete statement of all 
 fees collected. 
 
 Sec. 4475. Rules and regulations. — Such public weigher shall receive 
 not to exceed ten cents for each receipt issued by him, and shall be 
 governed by such rules and regulations as may be from time to time 
 prescribed or adopted by the board of county commissioners, and he 
 may be removed at any time by such board. 
 
 Sec. 4476. False receipts. — Any public weigher, under the provisions 
 of this act, who shall make 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. 
 
 Rev. Codes, 1921, Vol. 4, Penal Code, ch. 43, p. 188. 
 
 Sec. 11387 (1897). False device for measuring gas, water, or elec- 
 tricity. — Every person or persons, or officer or officers, or employee or 
 employees of any corporation or corporations who with intent to in- 
 jure, or defraud, uses or causes to be used any false registering or 
 false measuring device or meter for the measuring of any water, 
 
MONTANA 467 
 
 gas or electric current that is sold to any other person or persons, 
 corporation or corporations, or who shall alter or change the record 
 or measurement of any such meter or measuring device with intent 
 to injure or defraud, shall be guilty of a misdemeanor and on con- 
 viction thereof shall be fined in the sum of not less than one hundred 
 dollars nor more than five hundred dollars. In prosecutions for 
 offenses under this section, proof of the use of such false registering 
 meter or proof of an attempt to collect payment from any con- 
 sumer for any falsified amount or quantity of gas, water, or elec- 
 tricity, shall be prima facie evidence of the guilt of such defendant. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 254, p. 1307. 
 
 Sec. 3561 (1921). Powers and duties of department. — The department 
 of agriculture, labor and industry shall have power aftid it shall be 
 its duty : * * * 
 
 4. To establish and promulgate standards for open and closed 
 receptacles for farm products and standards for the grade and other 
 classification of farm products. 
 
 Sec. 3563. Divisions defined.^-There shall be four main divisions of 
 the department of agriculture, labor and industry, to wit : 
 
 The division of farming and dairying; the division of grain stand- 
 ards and marketing; the division of horticulture; the division of 
 labor and publicity. 
 
 The divisions hereby created are intended for the sole purpose of 
 promoting the logical and convenient classification of the work of 
 the department, and nothing herein contained shall be deemed to 
 prevent any person engaged in the work of a particular division 
 from performing the work of another division; the commissioner 
 may likewise create additional divisions at his discretion. 
 
 Sec. 3570, as amended by Laws, 1923, ch. 35, p. 67, sec. 9. Babcock 
 test adopted ; certificate ; method of test ; false determination. — The Bab- 
 cock test is hereby adopted as the official dairy test for use in the 
 State of Montana. 
 
 Any person operating the Babcock test in any creamery or cheese 
 factory, or other place where milk or cream is bought and paid for 
 on the basis of its fat content, shall be required to pass such exami- 
 nation as the commissioner of agriculture shall prescribe, upon 
 successful completion of which examination he shall receive a certifi- 
 cate signed by said commissioner, or his authorized agent, stating 
 his competency to operate said test. 
 
 ******* 
 
 The following is the method which shall be adopted as the stand- 
 ard for the operation of the Babcock test for the State of Montana 
 and shall be used by persons, firms, or corporations paying for milk 
 or cream on the basis of the butter fat content of such commodity 
 or commodities. 
 
 The milk from which the sample to be tested is taken shall be 
 thoroughly mixed by pouring from one vessel to another, three times 
 and by stirring with an instrument suitably [suitable] for the pur- 
 pose. The sample to be tested shall consist of eighteen grams by 
 weight, or seventeen and six-tenths cubic centimeters, as measured 
 in a standard pipette. The standard strength of the acid used for 
 all testing of milk or cream shall be indicated by the specific gravity, 
 
468 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 which shall be not less than one and eighty-two hundredths, nor 
 more than one and eighty-three hundredths, as determined by a stand- 
 ard hydometer [hydrometer]. After properly mixing the sample 
 of milk and acid in the test bottle, centrifuging shall be for periods 
 of five minutes, two minutes, and one minute. After the first period 
 of centrifuging, water shall be added, sufficient to fill the test bot- 
 tle up to the base of the neck and after the second centrifuging, 
 water shall be added sufficient to raise the fat in the neck of the 
 test bottle to near the top of the graduation. The water used to 
 fill the test bottles shall be at a temperature of one hundred and 
 forty degrees Fahrenheit or more. After the last period of centri- 
 fuging, the test bottle shall be immersed in a bath prepared for the 
 purpose, which shall consist of water at not less than one hundred 
 and thirty-fire degrees nor more than one hundred and forty degrees 
 Fahrenheit, and they shall remain immersed for at least ten min- 
 utes and the temperature of the bath shall be kept between the tem- 
 peratures before named for the full period of immersion. The 
 test shall be read immediately after the test bottles are taken from 
 the bath. Dividers shall be used to determine the length of the fat 
 column in the neck of the test bottles. 
 
 The reading shall be from the bottom of the lower meniscus to 
 the top of the upper meniscus of the fat column. 
 
 The method of testing cream shall be the same as for milk, except 
 that all samples of cream tested shall be eighteen grams by weight, 
 and the reading of the fat column in the neck of the test bottle shall 
 be from the bottom of the lower meniscus to the bottom of the upper 
 meniscus. If glymol is used to destroy the upper meniscus, the 
 reading shall be from the bottom of the lower meniscus to the bottom 
 of the grymol on the top of the fat column. 
 
 If the operator prefers, he may use the alternate method of test- 
 ing cream, hereinafter described. Before taking the samples of 
 cream for testing, the whole body of cream shall be thoroughly 
 mixed, as by the preceding method. All samples of cream taken for 
 testing shall be homogenous samples of the whole body of cream 
 from which they are taken and shall be eighteen grams by weight. 
 After properly mixing the acid and sample of cream to be tested, 
 the test bottle shall be filled to the base of the neck with Avater at a 
 temperature of not less than one hundred and eighty degrees Fahren- 
 heit, placed immediately in the testing machine and centrifuged for 
 not less than five minutes. The test bottle shall then be filled to near 
 the top of the graduation with water at one hundred and eighty de- 
 grees Fahrenheit replaced in the machine and centrifuged for two 
 minutes or more. The water bath shall then be used and the read- 
 ing made in the same way as in the preceding method. A standard 
 thermometer shall be used for determining temperatures in making 
 the Babcock test. 
 
 All test bottles, pipettes and other glassware used in connection 
 with the Babcock test, whether fat forms the basis for the payment 
 of the product, shall be handled and calibrated by the commissioner 
 of agriculture or his deputies, as often as the commissioner may pre- 
 scribe, such testing or calibrating to be done on the premises where 
 such glassware is used. All bottles used for the purpose of making 
 the Babcock test shall be standard bottles, and shall be designated as 
 
MONTANA 469 
 
 such by the word " standard " stamped thereon. All glassware 
 found to be not standard in capacity shall be seized and destroyed 
 by the commissioner of agriculture or his authorized agent. 
 
 No owner, manager, agent or employee of a cheese factory, cream- 
 er, or other place where the fat content of milk or cream is deter- 
 mined by test, shall falsely manipulate or under-read or over-read 
 the Babcock test or an}?- other contrivance used for determining the 
 quality of milk or cream or make any false determination of the said 
 Babcock test or other test. 
 
 Sec. 3571, as amended by laws, 1923, ch. 35, p. 67, sec. 10. Standard 
 measure for milk; butter measure; penalty; maker's name on packages; 
 pound packages so branded. — The standard measure of capacity for 
 milk shall be the gallon containing two hundred thirty-one cubic 
 inches, the half gallon shall contain one hundred fifteen and five- 
 tenths cubic inches, and the quart one-fourth as much as the gallon, 
 and the pint one-half as much as the quart. 
 
 The standard measure for the sale of butter and cheese in the State 
 of Montana shall be sixteen ounces (avoirdupois weight) to the 
 pound, when wrapped or put in container, exclusive of the wrapper 
 or container. Where weight and measure are stated in pounds or 
 ounces, they shall be exclusive of the wrapper or other container, 
 and each pound shall contain sixteen ounces, each ounce four hun- 
 dred and thirty-seven and one-half grains. All packages of butter 
 weighing less than sixteen ounces avoirdupois, shall be of a net weight 
 which is a binary submultiple of sixteen ounces, which is eight 
 ounces, four ounces, or two ounces. Any person, persons, firm or cor- 
 poration, selling or offering for sale, any article of dairy products 
 as a pound, or an}'' multiple thereof, the net weight of which is less 
 than sixteen ounces, or the proper multiple thereof, to represent the 
 number of pounds sold or offering for sale, shall be guilty of a mis- 
 demeanor; provided, a reasonable variance be permitted, and that 
 tolerance shall be established by rules and regulations made by the 
 commissioner of agriculture, in accordance with the provisions of 
 this act. 
 
 That butter sold in the State of Montana whether manufactured 
 on a farm or in a creamery, must have the maker's name clearly 
 written or printed in a conspicuous place on the outside of the pack- 
 age in which it is sold, and upon each pound package of butter so 
 sold or offered for sale the words " Net weight sixteen ounces " or 
 "Net weight one pound" shall appear. 
 
 Sec. 3573. The division of grain standards and marketing. — The de- 
 partment of agriculture, labor and industry, through the division 
 of grain standards and marketing, shall enforce all the laws of the 
 State of Montana concerning the handling, weighing, grading, in- 
 spection, storage and marketing of grain, and the management of 
 public warehouses. 
 
 Sec. 3575, as amended by Laws, 1923, ch. 41, p. 96. Testing of scales; 
 fee. — The commissioner of agriculture shall employ an expert tester 
 of scales, whose duty it shall be under such rules and regulations as 
 the commissioner may prescribe to test the scales within this State 
 where grain is weighed at elevators and public warehouses; also to 
 test all Avagon scales, coal scales and track scales in the State of Mon- 
 
470 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 tana where grain is weighed for the public. The person employed by 
 the commissioner of agriculture as an expert tester of scales shall 
 collect from such person, firm, copartnership or corporation for each 
 track scale tested ten dollars, for each wagon scale, coal scale, dump 
 scale and shipping scale five dollars, and for each portable scale and 
 grain tester one dollar. 
 
 Sec. 3576. Appointment of inspectors, samplers and weighers. — The 
 commissioner of agriculture shall appoint such number of inspectors, 
 samplers and weighers as may be necessary to properly and thor- 
 oughly enforce the provisions of this act. Such inspectors shall be 
 able to qualify under the terms and in accordance with the United 
 States Federal grain standards act; no such inspector, sampler or 
 weigher shall be interested directly or indirectly in the handling, 
 sorting, shipping, purchasing or selling of grain or grain products. 
 
 Sec. 3577. Penalty for misconduct by inspectors. — Any inspector, 
 sampler, or weigher, who shall be guilty of any neglect of duty, or 
 who shall knowingly or carelessly inspect, sample, or weigh any 
 grain, or who shall, directly or indirectly, accept any money or other 
 consideration for any neglect of duty or any improper performance 
 of duty as such inspector, sampler, or weigher, or any person, per- 
 sons, corporation, or agent, who shall improperly influence, or at- 
 tempt to improperly influence, any inspector, sampler, or weigher in 
 the performance of his duties, shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall be fined not less than one 
 hundred dollars nor more than &\e hundred dollars, or be imprisoned 
 in the county jail not less than thirty days nor more than one year, 
 or by both such fine and imprisonment, in the discretion of the 
 court. 
 
 Sec. 3578. Designation of inspection points; deputy inspectors. — Such 
 cities and towns where grain is received in carload lots may be desig- 
 nated by the commissioner of agriculture as inspection points, and be 
 provided with State inspection and weighing: Provided, That the 
 expenditures for the inspection and weighing at the points desig- 
 nated by the commissioner shall not exceed the receipts of fees at 
 such point or points. The commissioner may also assign deputy in- 
 spectors to such territory or portions of the State as it may deter- 
 mine to be necessary, and it shall be the duty of such deputy in- 
 spectors to inspect grain delivered in less than carload lots in such 
 territory or portions of the State to which they may be assigned, 
 to furnish producers within such territory or portions of the State 
 with such inspection as shall enable them to determine the grade of 
 their grain, and to perform such other duties as the commissioner 
 may prescribe. 
 
 Sec. 3581. For inspection and weighing. — The commissioner of agri- 
 culture shall fix the fees for inspection and weighing of grain, and 
 such fees shall be a lien upon such grain until paid. 
 
 Sec. 3582. Records of weighing and grading ; certificate. — The inspec- 
 tors, samplers and weighers shall, at places provided for State in- 
 spection, have exclusive control of the weighing and grading of 
 grain to be inspected, and the certificates of such officers relative to 
 such weighing and grading, shall be conclusive upon all parties in- 
 terested. Suitable books and records shall be kept, in which shall 
 
MONTANA 471 
 
 be entered a faithful and true record of every carload of grain in- 
 spected or weighed by them, and showing the number of and initial 
 or other designation of the car containing such carload, its weight, 
 the kind of grain and its grade, and if graded below standard No. 
 1 grade, the reason for such grade, if of inferior grade, the amount 
 of such dockage, the amount of fees and forfeitures and disposition 
 of the same, and for each car of grain they shall give a certificate 
 of inspection, showing the kind and grade of the same and the reason 
 for all grades below No. 1, the amount to be allowed for dockage, 
 if any. They shall also furnish the agent of the railroad company, 
 or other carrier over which such commodity was shipped or carried, 
 a certificate showing the weight thereof, if requested to do so. They 
 shall also keep a true record of all appeals, decisions, and a com- 
 plete record of every official act, which books and records shall be 
 open to inspection by any party in interest. 
 
 Sec. 3583. Removal of inspectors for misconduct. — Upon written com- 
 plaint filed with the commissioner of agriculture, charging an in- 
 spector, sampler, or weigher with official misconduct, inefficiency, in- 
 competency, or neglect of duty, the commissioner of agriculture shall 
 investigate such charges, and if it be found sustained shall remove 
 such officer. 
 
 Sec. 3592. Examination of grain cars at destination; license of grain 
 weighers. — All inspectors, samplers and weighers, before opening the 
 doors of any car containing grain, upon arrival at any of the places 
 designated by the commissioner of agriculture for inspection, shall 
 first ascertain the condition of such cars, and determine Avhether any 
 leakages have occurred while said cars were in transit, whether or 
 not the doors were projDerly secured and sealed at point of shipment, 
 and shall make a record of such facts in all cases, giving seal numbers. 
 
 After such examinations have been made, the State officials shall 
 securely close and reseal such doors as have been opened by them, 
 using the special seal of the commissioner of agriculture for the 
 purpose. 
 
 A record of all original seals broken by said officials and the date 
 when broken, and also a record number of said seals shall be made 
 by them. An inspector, weigher, or sampler shall break the seal, 
 weigh and superintend the unloading of all cars of grain subject 
 to inspection, and it shall be unlawful for any other person, or 
 persons, to break the seal or weigh such cars of grain. 
 
 The commissioner of agriculture shall have power to require all 
 persons, firms, corporations, or warehousemen engaged in weighing 
 grain within the State of Montana to obtain a license, and prescribe 
 rules and regulations governing the application for and the issuance 
 of such licenses, but no fee shall be charged therefor, and any 
 person, firm, corporation, or warehouseman, who shall weigh any 
 grain without first having obtained license, shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be punished by a 
 fine of not less than twenty-five dollars nor more than two hundred 
 dollars. 
 
 All fees, licenses, and other charges collected under the provisions 
 of this act shall be, by the person collecting the same, paid to the 
 State treasurer of the State of Montana, and by said treasurer placed 
 in the general fund. 
 
472 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 257, p. 1386. 
 
 Sec. 3822 (1913). Maintenance of loading platforms by railroad. — 
 Every railroad company doing business in this State shall, within 
 sixty days after notice from the board of railroad commissioners 
 of the State of Montana, erect one or more platforms for the trans- 
 fer of livestock, grain, and other commodities from wagons or 
 orherwise to cars at each and every station or siding designated 
 in such notice; such platforms to be erected so as not to endanger 
 life and property. * * * 
 
 Sec. 3825. Erection of scales. — Every railroad company shall allow 
 suitable scales to be erected either upon the platform or upon the 
 grounds adjacent thereto, if upon their right of way, for weighing 
 and shipping purposes. 
 
 Sec. 3826. Penalty. — Every railroad company neglecting or refus- 
 ing to comply with the requirements of this act shall be deemed 
 guilty of a misdemeanor, and be subject to a fine of not less than 
 five hundred dollars for every thirty days such failure shall con- 
 tinue after notice as aforesaid. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, ch. 260, p. 1420. 
 
 Sec. 3890 (1913). Commercial units of product or service; standard of 
 measurement; examination and testing. — The commission [public 
 service commission] shall ascertain and prescribe for each kind of 
 public utility suitable and convenient commercial units of product 
 or service. These shall be lawful units for the purposes of this 
 act. 
 
 The commission shall ascertain and fix adequate and serviceable 
 standards for the measurement of quality, pressure, initial voltage, 
 or other conditions pertaining to the supply of the product or service 
 rendered by any public utility, and prescribe reasonable regula- 
 tions for examination and testing of such product or service and 
 for the measurement thereof. 
 
 The commission shall provide for the examination and testing of 
 any and all appliances used for the measuring of any product or 
 service of a public utility. Any consumer or user may have any 
 such appliances tested upon payment of the fees fixed by the com- 
 mission. The commission shall establish and declare reasonable 
 fees to be paid for testing such appliances on the request of the 
 consumers or users, the fee to be paid by the consumer or user at 
 the time of his request, which fees, however, shall be paid by the 
 public utility and repaid to the complaining party, if the quality 
 or quantity of the product, or the character of the service, be found 
 by the commission defective or insufficient in a degree to justify 
 the demand for testing; or the commission may apportion the fees 
 between the parties as justice may require. 
 
 The commission may, in its discretion, purchase such materials, 
 apparatus and standard measuring instruments for such examina- 
 tions and tests as it may deem necessary. 
 
 The commission, its agents, experts, or examiners, shall have the 
 power to enter upon any premises occupied by any public utility 
 for the purpose of making the examinations and test provided in 
 this act, and to set up and use on such premises any apparatus 
 and appliances and occupy reasonable space therefor. Any public 
 
MONTANA 473 
 
 utility refusing to allow such examinations to be made, as herein 
 provided, shall be subject to the penalties prescribed in section 
 3888 of this code. 
 
 Rev. Codes, 1921, Vol. 2, Civil Code, Part 4, oh. 26, p. 430. 
 
 Sec. 7107 (1899). Measurement of water; cubic foot. — Hereafter a 
 cubic foot of water (7.48 gallons) per second of time shall be the 
 legal standard for the measurement of water in this State. 
 
 Sec. 7108. Miner's inch; equivalent in gallons. — Where water rights 
 expressed in miner's inches have been granted, one hundred miner's 
 inches shall be considered equivalent to a flow of two and one-half 
 cubic feet (18.7 gallons) per second; two hundred miner's inches 
 shall be considered equivalent to a flow of five cubic feet (37.4 
 gallons) per second, and this proportion shall be observed in deter- 
 mining the equivalent flow represented by any number of miner's 
 inches. 
 
 Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 252, p. 1270. 
 
 Sec. 3454 (1911). Ex officio sealer of weights and measures. — The 
 State coal mine inspector is hereby made, equally with the secre- 
 tary of state, ex officio sealer of weights and measures, in so far as 
 the same relates to coal mines and coal mining, and as such is em- 
 powered to test and compare all weights and measures used in weigh- 
 ing and measuring coal at any coal mine, or used in measuring air 
 passages or other openings in coal mines, with the standards of 
 weights and measures kept by the State sealer of weights and meas- 
 ures. 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 com- 
 plaint is directed, and if he shall find that they or any of them do 
 not weigh correctly, he shall call the attention of the mine owner, 
 lessor, or operator to the fact, and direct that said scale or scales 
 be at once overhauled and readjusted so as to indicate only true and 
 correct weights, and he shall forbid the further operation of such 
 scale until such scales are adjusted. In the event that such test 
 shall conflict with any test made by any other sealer of weights and 
 measures, or under and by virtue of any municipal ordinance or 
 regulation, then the test by such State coal mine inspector shall 
 prevail. 
 
 Sec. 3455. Standard test weights to be furnished. — For the purpose 
 of carrying out the provisions of this act, the State coal mine 
 inspector shall be furnished by the State with such sets of standard 
 weights suitable for testing the accuracy of track scales, and of all 
 smaller scales at mines, as may in the judgment of the State co;il 
 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 reim- 
 bursed upon making proper entry of the proper items in his ex- 
 pense voucher. 
 
 Sec. 3487. Check weighman. — The weighman employed at any mine 
 shall subscribe to an oath or affirmation before some officer author- 
 ized to administer oaths, to do justice between employer and em- 
 ployee, and to truly and correctly weigh the output of coal from 
 
474 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the mines as herein provided. The miners employed by or engaged 
 in working for any mine owner, operator, or lessee of any mine 
 in this State shall have the privilege, if they desire, of employ- 
 ing at their own expense a check weighman, who shall have like 
 equal rights, powers, and privileges in the weighing of coal as the 
 regular weighman, and be subject to the same oath and penalties as the 
 regular weighman. Said oath or affirmation shall be kept conspicu- 
 ously posted in the weight office, and any weigher of coal or person so 
 employed, who shall knowingly violate any of the provisions of 
 this section, or any owner, operator, or agent of any coal mine in 
 the State, who shall forbid or hinder miners employing or using 
 a check weighman as herein provided, or who shall prevent or 
 Avillfully obstruct any such check weighman in the discharge of his 
 duty, shall be deemed guilty of an offense against this act. When- 
 ever the State coal-mine inspector, or his deputy, shall be satisfied 
 that the provisions of this section have been willfully violated, it 
 shall be his duty to forthwith inform the prosecuting attorney 
 of any such violation, together with all the facts within his knowl- 
 edge, and the prosecuting attorney shall thereupon investigate the 
 charges so preferred, and if he is satisfied that the provisions of 
 this section have been violated, it shall be his duty to prosecute the 
 person or persons guilty thereof. 
 
 Sec. 3488. Must not use false weights. — Any person or persons 
 having or using any scale or scales for the purpose of weighing 
 the output of coal at mines must not arrange or construct them 
 so that fraudulent weighing may be done thereby, and must not 
 knowingly resort to or employ any means whatsoever by reason 
 of which such coal is not correctly weighed and reported in accord- 
 ance with the provisions of this act. 
 
NEBRASKA 
 
 Comp. Stats., 1922, Part 2, Title 3, Art. 18, p. 2335. 
 
 Sec. 7571 (al921). Department of agriculture to enforce. — The de- 
 partment of agriculture shall enforce the provisions of this article. 
 It shall make or cause to be made all inspections and shall have 
 authority to promulgate such rules and regulations as may be neces- 
 sary to promptly and effectively enforce the provisions of this act. 
 It shall have authority to adopt such additional standards as are not 
 specifically provided for in this act. It shall have authority to 
 establish tolerances and specifications for commercial weighing and 
 measuring apparatus for use in the State of Nebraska similar to 
 the tolerances and specifications recommended by the United States 
 Bureau of Standards, and may make reasonable regulations regard- 
 ing the varieties or kinds of devices, attachments or parts entering 
 into the construction or installation of weights and measures or 
 weighing or measuring appliances which shall have for their object 
 the tendency to secure correct results in the use of such appliances. 
 
 Sec. 7572. Standard weights and measures. — Such standard weights 
 and measures as have been furnished to this State by the Govern- 
 ment of the United States, in accordance with a joint resolution 
 of Congress, approved June 14, 1836, and such weights, measures, 
 balances and measuring devices as may be received from the United 
 States as standard weights, measures, balances, and measuring de- 
 vices, in addition thereto, or in renewal thereof, shall be author- 
 ized standards of the State of Nebraska. 
 
 Sec. 7573, as amended by Laws, 1923, ch. 10, p. 101. Bushel; subdivi- 
 sions. — A bushel shall consist of two thousand one hundred and fifty 
 and forty-two hundredths (2,150.42) cubic inches. The half bushel, 
 peck, and half peck shall consist of the proper division and sub- 
 division of the bushel. 
 
 Sec. 7574. Gallon. — A gallon shall consist of two hundred and 
 thirty-one cubic inches. 
 
 Sec. 7575. Pound. — A pound avoirdupois shall consist of seven 
 thousand grains in Troy weights. 
 
 Sec. 7576. Units of length and surface. — The units of standard, and 
 measures of length and surface from which all other measures of 
 extension, whether lineal, superficial or solid, shall be derived and 
 ascertained, are the standards of length designated in this article. 
 The yard is divided into three equal parts called feet and each foot 
 into twelve equal parts called inches. For measures of cloth and 
 other commodities commonly sold by the yard, the yard may be 
 divided into halves, quarters, eighths and sixteenths. The rod, pole 
 or perch contains five and one-half yards; the, mile seventeen hun- 
 dred and sixty yards. The chain for measuring land is twenty- 
 two yards long, and is divided into one hundred equal parts called 
 links. The acre for land measure shall be measured horizontally 
 
 475 
 
476 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and contain ten square chains, equivalent in area to a rectangle 
 sixteen rods in length and ten in breadth, six hundred and forty 
 acres being contained in a square mile. 
 
 Sec. 7577. Units of weights. — The units of standard of weight from 
 which all other weights shall be derived and ascertained, shall be the 
 standard weights designated in this article. The hundred weight 
 consists of one hundred avoirdupois pounds, and a ton contains 
 twenty hundred weights. Wherever hereafter in this article the 
 word " pound " is used it shall mean the avoirdupois pound unless 
 otherwise distinctly specified. 
 
 Sec. 7578. Units of dry measure. — The units of standards of meas- 
 ure of capacity for commodities not liquids, from which all other 
 measures shall be derived and ascertained, shall be the standards for 
 such commodities designated in this article. The peck, half peck, 
 quarter peck, quart, pint, and half pint measures for measuring com- 
 modities which are not liquids shall be derived from the half bushel 
 by successively dividing the measure by two. 
 
 Sec. 7579. Units of liquid measure. — The units of standards of 
 measure of capacity for liquids, from which all other measures shall 
 be derived and ascertained, shall be the standard liquid measures 
 designated in this article. The liquid gallon shall be divided by con- 
 tinual division by the number two so as to make half gallons, quarts, 
 pints, half pints and gills. 
 
 Sec. 7580. Electrical measures. — The standards of electrical meas- 
 ures recognized by the National Bureau of Standards, when procured 
 by the State, shall be the standard of electrical mesures in the State 
 of Nebraska. 
 
 Sec. 7581. Metric weights and measures. — The weights and measures 
 of the metric system shall be legal weights and measures in the State 
 of Nebraska. 
 
 Sec. 7582. Weights per barrel and per bushel. — Whenever any of the 
 articles or commodities mentioned in this section shall be sold by 
 the bushel or fractional part thereof, and no special agreement shall 
 be made in writing, the measure thereof shall be ascertained by avoir- 
 dupois weight, and shall be computed as follows : 
 
 Pounds 
 
 Apples 48 
 
 Apples, dried 24 
 
 Alfalfa seed 60 
 
 Barley 48 
 
 Beans, green, unshelled 56 
 
 Beans, dried 60 
 
 Beans, Lima 56 
 
 Beets 56 
 
 Blue grass seed 18 
 
 Bran 20 
 
 Bromus inermds 14 
 
 Broomcorn seed 50 
 
 Buckwheat 50 
 
 Carrots 50 
 
 Castor beans, shelled 50 
 
 Charcoal 20 
 
 Cherries 40 
 
 Clover seed 60 
 
 Pounds 
 
 Coal 80 
 
 Coke 40 
 
 Corn in ear, husked, (field) 70 
 
 Corn in ear, unhusked, (field) 75 
 
 Corn shelled (field) 56 
 
 Corn meal 48 
 
 Cucumbers 48 
 
 Emmer 48 
 
 Flax-seed 1 56 
 
 Grapes, with stems 40 
 
 Hemp seed 44 
 
 Hickory nuts, hulled 50 
 
 Kaffir corn 56 
 
 Lime 80 
 
 Millet seed 50 
 
 Oats 32 
 
 Onions 57 
 
 Onion top sets 28 
 
 1 The item, flax-seed, 56 pounds per bushel, is not given in the Comp. Stats., 1922, and 
 must have been inadvertently omitted as it is given in an act approved April 23, 1921, 
 Laws, 1919-21, ch. 10, p. 74. 
 
NEBRASKA 
 
 477 
 
 Pounds 
 
 Rutabaga 60 
 
 Rye 56 
 
 Rye grass seed 22 
 
 Salt 80 
 
 Sana. 130 
 
 Shorts 20 
 
 Sorghum saccharatum seed 50 
 
 Spelt (emmer) 48 
 
 Sweet com 50 
 
 Sweet potatoes 50 
 
 Timothy seed 45 
 
 Tomatoes 56 
 
 Turnips 55 
 
 Walnuts, hulled 50 
 
 Wheat 60 
 
 All root crops not specified above. 50 
 
 Pounds 
 
 Onion bottom sets 32 
 
 Orchard grass seed 14 
 
 Osage orange seed 32 
 
 Parsnips 50 
 
 Peaches 48 
 
 Peaches, dried 33 
 
 Peanuts - 22 
 
 Pears 45 
 
 Peas, green, unshelled 50 
 
 Peas, dried 60 
 
 Plums 48 
 
 Popcorn on the ear 70 
 
 Popcorn, shelled 56 
 
 Potatoes 60 
 
 Quinces 48 
 
 Rape seed 50 
 
 Redtop seed 14 
 
 The net weight per barrel or per hundred or divisible "merchant- 
 able quantities shall be as follows and no packages other than these 
 sizes shall be permitted for sale in the State of Nebraska : Wheat 
 flour per barrel, 196 pounds; per half barrel, 98 pounds; per quarter 
 barrel sack, 48 pounds ; per one-eighth barrel sack, 24 pounds ; per one- 
 sixteenth barrel sack, 12 pounds; per one thirty-second barrel sack, 
 6 pounds; rye flour, rye graham, wheat graham, whole wheat flour 
 and corn meal in packages of the following weights: One hundred 
 pounds, fifty pounds, twenty-five pounds, ten pounds and five 
 pounds, or in cartons of three pounds, or one pound; and per one- 
 thirty-second bushel sack or carton, iy 2 pounds. Nothing in this 
 article shall be construed to prohibit the sale in other sized pack- 
 ages, of flour prepared for special purposes. 
 
 Sec. 7583. Measurements of hay in stack. — Unless otherwise agreed 
 to between the contracting parties the following shall constitute the 
 legal method for measuring hay in the stack and determining the 
 tonnage of same : The distance from the ground against one side of 
 the stack to the ground against the other side of the stack, directly 
 over and opposite, shall be taken in feet and inches; subtract from 
 this measurement the average width of the stack and divide by two 
 to obtain the average height of the stack; multiply the width by the 
 height and the result so obtained by the average length of the stack, 
 which will give the cubic feet of hay in the stack. 
 
 Sec. 7584. Contracts; sales; construed. — All contracts, sales or pur- 
 chases hereafter made for work to be done, or for anj^thing to be 
 sold or delivered or done, by weight or by measure, within this State, 
 shall be taken and construed in terms of and according to the stand- 
 ards of weights and measures adopted by this article, except where 
 parties have agreed in writing upon any other calculations or meas- 
 urements; and all statements and representations of any kind re- 
 ferring to the weights or measures of commodities sold or purchased 
 or exposed for sale, shall be understood in terms of the standards 
 of weights or measures aforesaid. 
 
 Sec. 7585. Dry commodities; how sold. — All dry commodities not 
 otherwise specified in this article shall be sold only by standard 
 weight, numerical count or linear or surface measure, except where 
 parties shall have a written agreement specifying some other unit of 
 measure, or in the case of fruits and vegetables in containers, other 
 than as specified in section 7586, where the container is labeled or 
 
478 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 stamped designating the minimum weight, or the minimum numeri- 
 cal count. 
 
 Sec. 7586. Berries; small fruit. — All sales of blackberries, blue- 
 berries, cranberries, currants, gooseberries, raspberries, cherries, 
 strawberries, and similar berries, also onion sets in package of one 
 peck or less, may be sold by the quart, pint or half pint, dry measure ; 
 and all berry boxes sold, used, or offered for sale within the State 
 shall be of an interior capacity of one quart, pint or half pint, dry 
 measure. Any berry boxes not conforming to this section shall be 
 confiscated by the inspector. 
 
 Sec. 7587. Milk; cream; bottles; liquid commodities. — All milk or 
 cream that shall be sold in bottle shall be sold only in bottles con- 
 taining half pints, pints, quarts, half gallons or gallons. All liquid 
 commodities shall be sold only by standard liquid measure or stand- 
 ard weight, except where parties shall have a written agreement 
 specifying some other unit of measure. 
 
 Sec. 7588. Butter packages. — A print or package of butter shall con- 
 tain one pound avoirdupois. 
 
 Sec. 7589. False weights and measures. — Any person who, by him- 
 self, or by his servant or agent or as the servant or agent of another 
 person, shall offer or expose for sale, sell, use in buying or selling of 
 any commodity or thing for hire or award, or retain in his possession 
 a false weight or measure or weighing or measuring device, or any 
 weight or measure or weighing or measuring device which has not 
 been sealed by the department of agriculture within two years, or 
 who shall sell or offer or expose for sale less than the quantity he 
 represents, or shall take or attempt to take more than the quantity 
 he represents, when as the buyer, he furnishes the weight, measure, 
 or weighing or measuring device by means of which the amount of 
 the commodity is determined; or who shall keep for the purpose of 
 sale, offer or expose for sale, or sell any commodity in a manner con- 
 trary to law; or who shall sell or offer to sell or use or have in his 
 possession for the purpose of selling or using any device or instru- 
 ment to be used, or calculated to falsify any weight or measure, shall 
 be guilty of a misdemeanor. The possession of such weight, measure, 
 scale, balance or beam shall be prima facie evidence that the same was 
 intended to be used in violation of law, except as provided for in 
 section 22 [7592] of this act. 
 
 Sec. 7590. Duties of inspectors. — When not otherwise provided by 
 law the secretary of agriculture or his inspectors shall have the 
 power, and it shall be his or their duty to inspect, test, try and ascer- 
 tain if they are correct, all weights, measures and weighing and 
 measuring devices, kept, offered, or exposed for sale, sold or used or 
 employed by any proprietor, agent, lessee, or employee in proving or 
 ascertaining the size, quantity, extent, area, or measurement of quan- 
 tities, things, produce or articles of distribution or consumption pur- 
 chased or offered or submitted by such person or persons for sale, 
 hire or award ; and he shall have the power to, and shall, from time 
 to time, weigh or measure and inspect packages or amount of com- 
 modities of whatsoever kind kept for the purpose of sale, offered or 
 exposed for sale, sold or in the process of delivery, in order to de- 
 termine whether the same contain the amounts represented, and 
 whether they be offered for sale or sold in a manner in accordance 
 
NEBRASKA 479 
 
 with law. He may for the purposes above mentioned and in general 
 performance of his official duties, enter and go into or upon, without 
 formal warrant, any stand, place, building, or premises, or stop any 
 vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, 
 or any dealer whatsoever, and require him, if necessary, to proceed 
 to some place which the secretary of agriculture or his inspectors 
 may specify, for the purpose of making proper tests. Whenever the 
 secretary of agriculture or his inspectors finds a violation of the 
 statutes relating to weights and measures, he shall cause the violator 
 to be prosecuted. He shall at least once annually test all scales, 
 weights, and measures used in checking the receipts or disbursements 
 or supplies in every institution for the maintenance of which moneys 
 are appropriated by the legislature. 
 
 Sec. 7591. Sealing weights and measures. — Whenever the secretary 
 of agriculture or his inspectors compares weights, measures, or 
 weighing or measuring devices and finds that they correspond or 
 causes them to correspond with the standards in his possession, he 
 shall seal or mark such weights, measures or weighing or measuring 
 devices with the appropriate seals or marks. 
 
 Sec. 7592. Confiscation of false weights and measures. — The secre- 
 tary of agriculture or his inspectors may confiscate and seize with- 
 out warrant any incorrect weight, measure, weighing or measuring 
 device, or part thereof which does not conform to the State stand- 
 ards or specifications, and which in his or his inspector's best judg- 
 ment is not susceptible to repair. He or his inspectors may also 
 confiscate and seize any device required to be licensed by the depart- 
 ment of agriculture, upon which the license fee has not been paid 
 and said device does not bear the license tag of the current year. 
 Any such inspector who shall make any such seizure shall not be liable 
 to the owner of the property seized for damages caused by such 
 seizure. Any property so seized if not returned to the owner within 
 one year from date of seizure shall be destroyed. Such weights, 
 measures, or weighing or measuring devices as are incorrect and yet 
 may be repaired they shall mark or tag as " Condemned for re- 
 pairs." The owners or users of any weights, measures, or weighing 
 or measuring devices of which such disposition is made shall have 
 the same repaired or corrected within thirty days, and they may 
 neither use nor dispose of the same in any way, nor remove or deface 
 any such " Condemned for repairs " tag or other mark or tag affixed 
 by the secretary of agriculture or his inspectors until they shall 
 have received from the department of agriculture written permission 
 to do so. Any weights, measures, or weighing or measuring devices 
 which have been " condemned for repairs," and have not been re- 
 paired as required above, or have been used or disposed of in any 
 way shall be confiscated by the department of agriculture. The 
 removal or defacing of such tag shall be prima facie evidence that 
 the same was removed or defaced by and with the consent of the 
 owner or user of the scale. 
 
 Sec. 7593. Hindering or obstructing. — Except as in this act other- 
 wise provided any person, firm or corporation preventing, attempt- 
 ing to prevent, obstructing, hindering, or in any way interfering 
 with the secretary of agriculture or his inspectors or agents in the 
 517—26 31 
 
480 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 performance of his or their official duties, or knowingly failing or 
 neglecting to observe any reasonable rule or regulation of the said 
 secretary of agriculture adopted for the enforcement of this act, 
 shall be deemed guilty of a misdemeanor. 
 
 Sec. 7594. Police powers. — The secretary of agriculture or his in- 
 spectors are hereby made special policemen, and are authorized and 
 empowered to arrest any violator of the statutes in relation to 
 weights and measures, to enter complaint before any court of com- 
 petent jurisdiction, and to seize for use as evidence, without formal 
 warrant, any false or unsealed weight, measure, or weighing or 
 measuring device or package or amount of commodities found to be 
 used, retained, or offered or exposed for sale or sold in - violation of 
 law. 
 
 Sec. 7595. Municipal inspection. — Any city or municipality in the 
 State may establish a department of public inspection of weights 
 and measures, and shall have the poAver to appoint a sealer and 
 deputies and fix their compensation, and to pass such ordinances, 
 not in conflict with the State laws, as may be deemed necessary ; and 
 if a city or municipality shall establish such a department, it shall 
 provide the sealer with suitable quarters, a set of standards as here- 
 inafter specified in this article, and all other equipment for the 
 proper performance of his duties. All city and municipal standards 
 shall be tried, proved and sealed under the direction of the depart- 
 ment of agriculture and shall be returned to it for verification at 
 least once in every five years. 
 
 Sec. 7598. Municipal standards. — Sets of standards for municipal 
 sealers, if procured, shall include the following weights, measures, 
 and balances, and they shall be of a type approved for such use by 
 the department of agriculture : One yard measure divided into feet 
 and inches, and at least one of the inches divided into thirty-seconds 
 of an inch. Dry capacity measures : One half bushel, one peck, one 
 quart and one pint. Liquid capacity measures : One gallon, one 
 quart and one pint. Avoirdupois pound weights in the following- 
 number and denomination : One fiftj^-pound, one twenty-pound, two 
 ten-pound, one five-pound, two two-pound, and on© one-pound. 
 Avoirdupois ounce and fractional ounce weight 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 same are to be tested. One equal arm balance of 
 capacity of fifty pounds to one-sixteenth of an ounce. 
 
 Sec. 7597. Supervision of local sealer; regulations. — The secretary of 
 agriculture or his inspectors by his direction, shall at least once in 
 each two years, or oftener if he feels it is for the best interest of the 
 public, visit the various cities of the State in order to inspect the 
 work of the local sealers; and in the performance of such duties, he 
 or his inspectors by his direction may inspect the weights, measures, 
 balances, or any weight or measuring appliance of any person, firm 
 or corporation and shall have the same powers as the local sealer 
 of weights and measures. He shall require a semi-annual report of 
 the work done by the municipal sealer and shall issue from time to 
 time, regulations for the guidance of all sealers, and the said regula- 
 
NEBRASKA 481 
 
 tions shall govern the procedure to be followed by the aforesaid 
 officers in the discharge of their duties. 
 
 Sec. 7598. Immediate examinations. — Any inspector who may have 
 reason to believe that any weight, measure, balance, weighing or 
 measuring device used in trade, is inaccurate or not according to 
 the standard, shall have the authority to make an immediate exam- 
 ination of the same and require that the same be tried and tested 
 and conform to the standards herein required. 
 
 Sec. 7599. Compensation; fees; disposition. — The department of agri- 
 culture shall receive fees as follows : For inspecting and sealing ; 
 platform scales, each scale over nineteen thousand pounds capacity, 
 five dollars; each scale over four thousand pounds capacity up to 
 and including nineteen thousand pounds capacity, three dollars and 
 fifty cents; each scale over six hundred pounds capacity up to 
 and including four thousand pounds capacity, two dollars; each 
 scale over one hundred pounds capacity up to and including six 
 hundred pounds capacity, seventy-five cents; each scale over five 
 pounds capacity up to and including one hundred pounds capacity, 
 fifty cents; each scale of five pounds capacity or less, twenty-five 
 cents ; for hopper or grain shipping scales except automatic scales, each 
 scale of over ten thousand pounds capacity, ten dollars; each scale 
 over five thousand pounds capacity up to and including ten thousand 
 pounds capacity, five dollars; each scale of five thousand pounds 
 capacity or less, three dollars and fifty cents ; and for each automatic 
 scale up to and including six hundred pounds capacity, three dollars 
 and fifty cents; and each automatic scale over six hundred pounds 
 capacity, five dollars; and shall be entitled to collect from the 
 owner or custodian of such scales herein mentioned an amount suf- 
 ficient to cover the cost of transporting all necessary test weights 
 to and from the location of said scales. For sealing or marking 
 each beam, ten cents; for sealing or marking measures of extension, 
 ten cents per yard or fraction thereof, not exceeding fifty cents 
 for any one measure. For sealing or marking liquid or dry meas- 
 ures, ten cents for each measure; for measuring pumps or auto- 
 matic tanks of one gallon or less, twenty -five cents; for measuring 
 pumps or automatic tanks of over one gallon, fifty cents; and for 
 linear measuring devices, fifty cents; for sealing or marking each 
 weight, five cents; for the inspection of any weighing of measuring 
 device not listed in this section, the secretary of agriculture shall 
 have the authority and power to fix a fee. He shall have a rea- 
 sonable compensation for making weights and measures conform 
 to the standard in his possession. The secretary of agriculture 
 shall not require any fee from any county or city and all fees 
 collected by the secretary of agriculture or such part as is necessary 
 shall be used in the proper enforcement of this act, the balance 
 to be paid to the State treasurer and credited to the general fund. 
 The inspection and sealing fees herein provided for shall be and 
 constitute a lien on the weights, scales, measures, weighing or 
 measuring devices inspected until said fees are paid and the secre- 
 tary of agriculture may sue therefor in the name of the State. 
 
 Sec. 7600. Public scales. — Scales may be erected in the State of Ne- 
 braska for public use at public expense. In counties under township 
 organization, a township may at the annual meeting provide for the 
 
482 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 erection and determine the location and number of scales for the 
 township and levy a tax to pay for the same. 
 
 Sec. 7601. Weighmaster. — When such scales are provided for. the 
 township board shall appoint a weighmaster, upon petition 01 the 
 electors living in the immediate vicinity of the scales so located who 
 shall, under oath, promise to perform the duties of his office faith- 
 fully and honestly and the weighmaster so appointed shall continue 
 in office until removed by the township board or by resignation. 
 
 Sec. 7602. Scales; testing. — The township board shall from time to 
 time, as in their judgment seems necessary, test the scales as to their 
 accuracy and properly adjust same. 
 
 Sec. 7603. Disputes. — Whenever disputes arise between two parties, 
 within the limit of the township where such scales are located, over 
 the first weighing of any articles, the same shall be weighed a second 
 time on the public scales, and the weighmaster's receipt therefor 
 shall be final. 
 
 Sec. 7604. Fees for weighing. — The township board shall fix and 
 regulate the fee or salary of the weighmaster and the fees, if any, 
 for weighing. 
 
 Sec. 7605. Petitions for scales. — Townships in counties under the 
 commission organization, desiring to adopt the provisions of the five 
 next preceding sections, shall petition to the county board of such 
 county, and where a majority of the electors so petition, the same 
 shall be granted. All duties and powers imposed upon township 
 officers by said sections where counties are under township organiza- 
 tion shall be performed by the county board of counties under com- 
 mission organization. 
 
 Sec. 7606. Size of brick. — The standard size of brick sold in the 
 State of Nebraska shall be eight and one-fourth inches long, four 
 inches wide, and two and one-half inches thick. 
 
 Sec. 7607. Erick; selling. — No person shall sell any brick of any 
 size other than that specified in the next preceding section, without, 
 at the time of the sale, notifying the purchaser, in writing of the size 
 of such brick. 
 
 Sec. 7608. Coal, coke, and charcoal; rules for sale of. — It shall be un- 
 lawful to sell or offer to sell in this State any coal, charcoal, or coke 
 in any other manner than bjr weight. No person, firm or corporation 
 shall deliver any coal, charcoal or coke, without each such delivery 
 being accompanied by a delivery ticket and duplicate thereof, on 
 each of which shall be in ink or other indelible substance, distinctly 
 expressed in pounds, the gross weight of the load, the tare of the 
 delivering vehicle, and the net amount in weight of coal, charcoal 
 or coke contained in the cart, wagon or other vehicle used in such 
 deliveries, with the name of the purchaser thereof and the name of 
 the dealer from whom purchased. One of these tickets shall be 
 surrendered by the person in charge of the load to the inspector 
 upon demand, for his inspection, and a ticket or weight slip issued 
 by the inspector when the inspector desires to retain the original, 
 shall be delivered to said purchaser of said coal, charcoal or coke, 
 or his agent or representative at the time of the delivery of the fuel ; 
 and the other ticket shall be retained by the seller of the fuel. When 
 the buyer carries away the purchase, a delivery ticket, showing the 
 actual number of pounds delivered must be given to the purchaser 
 
NEBRASKA 483 
 
 at the time delivery is made. The secretary of agriculture or any 
 of his inspectors or assistants are hereby empowered to compel the 
 party or parties having charge of such coal, charcoal or coke to 
 bring same on demand to a scale designated by the said secretary of 
 agriculture or his assistant or inspector and weighed for the pur- 
 pose of proving the true net weight of the article or commodity. 
 
 Sec. 7609. Automatic pay scales; license for. — It shall be unlawful 
 for any person, firm or corporation by himself, or as the officer, 
 servant, agent, or employee of any person, firm or corporation to 
 operate or use or display for use any scale or scales, known as money 
 in the slot or automatic scale or scales or any weighing device, ap- 
 paratus or machine, which is usd or intended for use to determine 
 the weight of any person or persons, where compensation is derived, 
 or any public or custom scale for which a fee is charged or accepted 
 for weighing, unless said scale or device is licensed by the depart- 
 ment of agriculture. Upon payment of the license fee of three 
 dollars, the department of agriculture shall issue a metal license tag, 
 tags to be numbered consecutively and bear the year for which the 
 license is valid. The tag shall be displayed prominently on the 
 front of the weighing device and the defacing or wrongful removal 
 of such tag shall be deemed a misdemeanor. Absence of the license 
 tag shall be prima facie evidence that the weighing device is being 
 operated contrary to law. No license shall be issued until the annual 
 fee of three dollars is paid to the department of agriculture for 
 each scale or weighing device operated or used. Any person desiring 
 to secure said license shall make application therefor upon blank to 
 be furnished by the department of agriculture. The department of 
 agriculture may withhold or revoke any license for cause. All 
 licenses issued under this act shall expire December thirty-first of 
 each year. 
 
 Sec. 7610. Violation; penalty. — Any person, firm or corporation vio- 
 lating any of the provisions of this act, shall be punished by a fine 
 of not less than ten dollars nor more than one hundred dollars or 
 by imprisonment in the county jail for not more than thirty days: 
 Provided, however, That upon the second conviction for the violation 
 of any of the provisions of this act such offender shall be punished 
 by a fine of not less than fifty dollars nor more than one hundred 
 dollars, or by imprisonment in the county jail not less than thirty 
 days nor more than ninety days. 
 
 Sec. 7611. One clause held invalid, not invalidate another. — If any 
 clause, sentence, paragraph or part of this act shall for any reason 
 be adjudged by any court of competent jurisdiction to be invalid, 
 such judgment shall not affect, impair, or invalidate the remainder 
 thereof, but shall be confined in its operation to the clause, sentence, 
 paragraph, or part thereof directly involved in the controversy in 
 which such judgment shall have been rendered. 
 
 Sec. 7622a (1919). Marks and brands; contents specified; cotton duck 
 or canvas. — Any person or corporation who shall manufacture for 
 sale, or who may offer or expose for sale any cotton duck or canvas, 
 made in whole or in part of cotton duck or canvas, shall distinctly 
 and durably stamp, brand, or mark thereon the true and correct 
 weight of such cotton duck or canvas, by ounces per yard, also the 
 true grade (single filling, double filling, army, roll or wide duck), 
 
484 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 together with a description by name of any filler or other prepara- 
 tion placed in or on said cotton duck or canvas since is [its] manu- 
 facture. 
 
 Sec. 7622b. "Unlawful to sell unmarked goods.— It shall be unlawful 
 for any person or corporation either individually or in any repre- 
 sentative capacity to carry for sale, sell or endeavor to sell any cotton 
 duck or canvas as herein defined, or any article other than clothing 
 and wearing apparel, composed of, made in whole or in part of any 
 cotton duck or canvas without having marked thereon the true and 
 correct weight of said canvas or cotton duck by ounces per yard, also 
 the true grade (single filling, double filling, army, roll or wide 
 duck), together with a description by name of any filler or other 
 preparation placed in or on said cotton cluck or canvas since its man- 
 ufacture, or to misstate, misrepresent or conceal the true weight of 
 said canvas or cotton duck by ounce per yard, or to misstate, mis- 
 represent, or conceal the true grade (single filling, double h'lling, 
 army, roll or wide duck), or to misstate, misrepresent, or conceal the 
 existence of any filler or other preparation placed in or on said cot- 
 ton duck or canvas since its manufacture. 
 
 Sec. 7622c. Unlawful to conceal size and dimensions of goods. — It shall 
 be unlawful for any person or corporation either individually or in 
 representative capacity, selling, carrying for sale, or endeavoring to 
 sell any awnings, paulins, wagon covers, tents, grain and hay covers, 
 stable or tent tops, to misstate or misrepresent, or conceal the true 
 and correct size and dimensions thereof. 
 
 Sec. 7622d. Unlawful to deface marks. — It shall be unlawful for any 
 person to deface, mutilate, obscure, conceal, efface, cancel or remove 
 any mark provided for by this act, cause or permit the same to be 
 done with intent to mislead, deceive, or to violate any of the provi- 
 sions of this act. 
 
 Sec. 7622e. Cotton duck or canvas defined. — For the purpose of this 
 act cotton duck or canvas shall be deemed to include all cotton duck 
 or canvas, whether single filling, double filling, army, roll or wide 
 duck. 
 
 Sec. 7622f. Yard and ounce defined. — For the purpose of this act, the 
 equivalent of thirty-six inches in length by twenty-nine inches in 
 width, or seven and one-fourth square feet of cotton duck or canvas 
 shall constitute a yard, and an ounce shall be one-sixteenth part of a 
 pound avoirdupois. 
 
 Sec. 7622g. Violation; penalty. — Any person, company, or corpora- 
 tion violating any of the provisions ox this act shall be deemed guilty 
 of a misdemeanor and on conviction thereof shall for the first offense 
 be punished by fine of not less than twenty-five dollars nor more 
 than fifty dollars and for each subsequent offense by a fine not less 
 than fifty dollars nor more than one hundred dollars. 
 
 Comp. Stats., 1922, Part 2, ch. 40, Art. 1, p. 1165. 
 
 Sec. 3489 (al921). Additional powers; weights, measures, and inspec- 
 tion; bread. — In addition to the powers herein granted, cities 2 gov- 
 erned by this act shall have power by ordinance : * * * 
 
 VII. To regulate the weighing and measuring of hay, wood, and 
 other articles exposed for sale, and of all coal sold or delivered 
 
 2 Applicable to cities heretofore incorporated as cities of the metropolitan class 
 (Omaha) and all cities which shall attain a population of 100,000 inhabitants. 
 
NEBRASKA 485 
 
 within the city, and to provide for, license, and regulate the inspec- 
 tion and sale of meats, flour, poultry, fish, milk, vegetables and all 
 other provisions or articles of food exposed or offered for sale in 
 the city, and to prescribe the weight and quality of bread exposed 
 or offered for sale in the loaf. Also to provide for the inspection 
 of weights and measures or weighing apparatus. 
 
 Comp. Stats., 1922, Part 2, ch. 42, Art. 2, p. 1271. 
 
 Sec. 3799 (1901). Ordinances and powers. — In addition to the powers 
 herein granted, cities 3 governed under the provisions of this chapter 
 shall have power by ordinance : 
 
 Sec. 3811. Eegulate weighing and measuring. — To establish standard 
 weights and measures, and regulate the weights and measures to be 
 used in the city, and to regulate the measuring of every commodity 
 sold in the city, in all cases not otherwise provided by law, and to 
 prohibit the use of imperfect weights, measures and weighing ap- 
 paratus. 
 
 Sec. 3812. Inspect and regulate sale of fuel, grain, and hay. — To pro- 
 vide for the inspection and weighing of hay and grain and coal, 
 the measuring of wood and fuel to be used in the city, and to 
 determine the place or places of the same, and to regulate and pre- 
 scribe the place or places of exposing for sale hay, coal and wood; 
 to fix the fees and duties of persons authorized to perform such 
 duties. 
 
 Comp. Stats., 1922, Part 2, ch. 44, Art. 2, p. 1331. 
 
 Sec. 3988 (1901). Powers. — In addition to the powers herein 
 granted, cities 4 governed under the provisions of this chapter shall 
 have power by ordinance : 
 
 Sec. 4007. Weights and measures. — To establish standard weights 
 and measures and to regulate weights, meters and measures to be 
 used in the city, and to regulate the weighing and measuring of 
 every commodity sold in the city, including water, gas and electric 
 light, in all cases not otherwise provided by law; and to prohibit 
 and punish the use of imperfect weights, measures, weighing appa- 
 ratus and "meters. 
 
 Sec. 4008. Meter, fuel and feed inspection. — To provide for the in- 
 spection of electric light, water and gas meters, and the inspection 
 and weighing of hay, grain and coal and the measuring of wood and 
 fuel to be used in the city, and to determine the place or places of 
 the same, and to regulate and prescribe the place or places of expos- 
 ing for sale of hay, coal and wood and to provide for the appoint- 
 ment of an inspector, and to fix the fees and duties of the inspector 
 and of other persons authorized to perform such duties. 
 
 Comp. Stats., 1922, Part 2, ch. 45, p. 1389. 
 
 Sec. 4162 (al885). Classification, population required. — All cities, 
 towns and villages containing more than one thousand and less than 
 five thousand inhabitants shall be cities of the second class and be 
 governed by the provisions of this article, unless they adopt a 
 village government as hereinafter provided. 
 
 Applicable to cities having a population of more than 40,000 and less than 100,000 
 Inhabitants. 
 
 'Applicable to cities having less than 25,000 and more than 5,000 inhabitants. 
 
486 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4278 (al887). Powers granted to exercise by ordinance. — In addi- 
 tion to the powers hereinbefore granted cities and villages under 
 the provisions of this chapter each city and village may enact ordi- 
 nances for the following purposes : 
 
 Sec. 4302 (1887). Established weights and measures. — To establish 
 standard weights and measures and regulate the weights and meas- 
 ures to be used in the city or village, and to regulate the weighing 
 and measuring of every commodity sold in the city or village in 
 all cases not otherwise provided by law. 
 
 Sec. 4303. Inspection and weighing of merchandise. — To provide for 
 the inspection and weighing of hay, grain and coal, the measuring 
 of wood and fuel to be used in the city or village, and to determine 
 the place or places of the same, and to regulate and prescribe the 
 place or places of exposing for sale hay, coal and wood; to fix the 
 fees and duties of persons authorized to perform the duties named 
 in this subdivision. 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 5, p. 2297. 
 
 Sec. 7429 (al921). Misbranding of food defined; net weight, measure 
 or count ; in case of liquids ; slack filled packages. — The term " mis- 
 branded," as used herein, shall apply to all drugs, or articles of 
 food, or articles which enter into the composition of food, the 
 package or label of which shall bear any statement, design or device 
 regarding such article or the ingredients or substances contained 
 therein which shall be false or misleading in any particular, and 
 to any food or drug product, which is falsely branded as to the 
 State, Territory, place or country in which it is manufactured 
 or produced. 
 
 An article shall also be deemed to be misbranded * * * 
 
 (5) In the case of food : * * * 
 
 3. If in package form, if each package, does not have a correct 
 statement, clearly printed on the outside of the package, of the 
 contents and the quantity of the contents in terms of weight, meas- 
 ure, or numerical count; and in case of wheat flour the name of 
 the manufacturer and the place where manufactured : Provided, 
 however, That the provisions of this paragraph shall not apply to 
 packages put up by the retailer at the time of sale. 
 
 4. If the true quantity in container (in case of liquids other than 
 medicines) is not correctly stated thereon. 
 
 7. If in package form and irrespective of whether or not the 
 quantity of the contents be plainly and legibly stated on the outside 
 of the package in terms of weight, measure or numerical count, if 
 package be not filled with the food it purports to contain. 
 
 Comp. Stats., 1922, Part 2, ch. 12, Art. 3, p. 268. 
 
 Sec. 484 (al909). Label placed on binder twine. — A stamp or label 
 shall be placed on every ball of binder twine sold, exposed or offered 
 for sale in this State, giving the name of the manufacturer or im- 
 porter, the number of feet to the pound in such ball, the material 
 from which it is made, the tensile strength, and the per cent of oil 
 it contains and the date of manufacture. 
 
NEBRASKA 487 
 
 Sec. 485 (1901). Penalty for failure to label. — Every manufacturer, 
 importer or dealer, who fails to comply with the provisions of the 
 next preceding section, shall upon conviction, be liable to a fine of 
 twenty-five cents for each and every such ball sold, offered or ex- 
 posed for sale : Provided, however, The deficiency in length shall not 
 exceed five per cent of the amount as stated on the label or stamp, 
 as herein provided. 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 13, p. 2320. 
 
 Sec. 7513 (al919). Paint, weight or measure to be shown on label. — 
 The label required by this article shall be printed in the English 
 language, in clear, legible type, and shall clearly and distinctly state 
 the name and residence of the manufacturer of the paint, or the dis- 
 tributer thereof, or of the party for whom the same is manufactured, 
 
 * * *. In case of paint, * * * the label thereof shall state 
 
 * * * the quantity contained in the package, which, in the case 
 of liquid or mixed paints, shall be designated in standard gallons or 
 fractions thereof, and in the case of paste or semipaste paints, such 
 as are commonly sold by weight, the avoirdupois weight. 
 
 Sec. 7515a (1919). Possession of mislabeled paint or oil. — Possession 
 by any person dealing in said articles, of any article or substances 
 hereinbefore described not properly labeled, as provided in this 
 article, shall constitute prima facie evidence that the same is kept by 
 such person, in violation of the provisions of this article. 
 
 Sec. 7515b. Violation; penalty. — Any person violating any of the 
 provisions of this article, shall be fined in any sum not exceeding one 
 hundred dollars or imprisoned in the county jail not exceeding three 
 months. 
 
 Comp. Stats., 1922, Part 5, ch. 11, Art. 4, p. 3036. 
 
 Sec. 9905 (al893). Fraud in weighing 1 commodities. — Any person or 
 persons who shall knowingly and wilfully sell, or direct, or permit 
 any person or persons in his or their employ to sell any commodity 
 or article of merchandise, and make or give any false or short weight 
 or measure, or any person or persons owning or keeping or having 
 charge of any scales or steelyards for the purpose of weighing five- 
 stock, hay, grain, coal or other articles, who shall knowingly and 
 wilfully report any false of [or] untrue weight, whereby any other 
 person or persons may be defrauded or injured, shall be fined in any 
 sum not exceeding fifty dollars, or be imprisoned in the jail of the 
 county not exceeding thirty days, and also be answerable to the 
 party defrauded or injured in double damages. 
 
 Sec. 9906 (1893). Articles put up in casks, cases, etc., to be weighed 
 and marked. — Any person, agent, or clerk who shall put up, or shall 
 order or procure any other person to put up or pack sugar, rice, 
 tobacco, soap, starch, candles, cheese or any goods or articles sold by 
 weight, packed in kegs, barrels, tierces, casks, boxes, hogsheads, or 
 any case whatever, shall in every instance first weigh the entire 
 box or cask or whatever it may be, and plainly cut or mark upon 
 the head or most convenient part thereof, the exact number and 
 fractions of pounds it weighs, and when packed or filled shall again 
 ascertain the whole weight, and place the same immediately above 
 the cut or marked tare weights, and subtract the one from the 
 
488 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 other, showing the net weight of the contents, which calculation 
 shall not be obliterated while the bulk remains unbroken; and said 
 articles, until the bulk is broken, shall be sold by the net weight: 
 Provided, however, Nothing in this section shall be so construed as 
 to release any person from the liability of allowing the actual tare 
 at the time of sale on all kegs, barrels, tierces, casks, boxes, hogs- 
 heads or cases containing articles which by their nature are liable 
 to change their original tare. 
 
 Sec. 9907. Change of marks on lids, etc. — Any brand, mark or stamp, 
 put upon any keg, barrel, box, cask, hogshead or case by the manu- 
 facturer, indicating the articles, its quality, quantity or the manu- 
 facturer's name or either of them, shall be considered the manufac- 
 turer's certified brand, stamp or mark, and shall be put thereon in 
 such manner as to be identified by the manufacturer or his author- 
 ized agent, which shall be subject to no erasure or obliteration; 
 neither shall such box lids, keg, barrel, hogshead, tierce or cask 
 heads, be transferred from one to the other, for the purpose of tak- 
 ing advantage of said brands, stamps or marks, to sell an inferior 
 article, or repacking take place, putting an inferior article into a 
 superior branded keg, barrel, cask, hogshead, box or case, to accom- 
 plish the same design; or to mark or remark anything containing 
 pound bulk, so as to hide from view the original manufacturer's 
 mark, stamp or brand. 
 
 Sec. 9908. Penalty for violation of last two sections. — 'Whoever, 
 directly or indirectly, transgresses any of the provisions enumerated 
 in the last two preceding sections shall, in all cases, pay to the 
 party aggrieved double the value of the difference between the 
 actual quantity contained in such keg, barrel, cask, tierce, box or 
 hogshead or in whatever the same may be contained, and the net 
 quantity or weight for which the same may have been sold; and 
 for the first offense be subject to a fine not less than twenty nor 
 more than sixty dollars, or imprisonment in the county jail not less 
 than thirty days nor more than sixty days; and for the second and 
 every subsequent offense shall be subject to a fine not less than fifty 
 dollars nor more than two hundred dollars, or imprisonment in the 
 county jail not less than thirty nor more than ninety days. 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 15, p. 2326. 
 
 Sec. 7532 (1919). Feeding stuff, net weight to be marked. — Every lot, 
 barrel, bag, pail, parcel or package of concentrated commercial feed- 
 ing stuff, as defined in section 7531 shall have affixed thereto a tag 
 or label in a conspicuous place on the outside thereof, containing a 
 legible and plainly printed statement in the English language, in 
 type as large as ten point, clearly and truly certifying : 
 
 1. The net weight of the package. * * * 
 
 3. The name and address of the manufacturer, importer, dealer 
 or agent. * * * 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 18, p. 2328. 
 
 Sec. 7540 (1919). Live stock remedy, net weight to be marked. — Every 
 barrel, bag, pail, parcel or package of live stock remedy as defined 
 in section 1 [section 7539] of this article shall have affixed thereto in 
 a conspicuous place on the outside thereof, distinctly printed in the 
 
NEBRASKA 489 
 
 English language in legible type, not smaller than eight-point 
 heavy Gothic caps, or plainly written, a statement certifying: 
 1. The net weight or measure in the package. * * * 
 3. The name and address of the manufacturer, importer, dealer 
 or agent. * * * 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 19, p. 2349. 
 
 Sec. 7623 (1919). Fertilizer, net weight to be marked. — That any 
 person, firm or corporation, their agent or employe who shall 
 offer, sell or expose for sale by sample or otherwise in the State of 
 Nebraska any commercial fertilizer or fertilizer material, the sell- 
 ing price of which is more than three dollars per ton, shall attach 
 to each bag or package in a conspicous place on the outside thereof 
 or furnish to the purchasers of goods sold in bulk a plainly printed 
 certificate giving the items as listed below and in the following order : 
 
 1. Number of pounds net in the package sold. 
 
 2. Brand name or trade-mark under which the package is 
 sold. * * * 
 
 Comp. Stats., 1922, Part 2, ch. 35, Art. 2, p. 1134. 
 
 See. 3408 (1873). Same; measures and toll dishes. — He [the owner 
 or occupier of public mill] shall keep in his mill an accurate half- 
 bushel measure and an accurate set of toll dishes. 
 
 Comp. Stats., 1922, Part 3, Title 7, Art. 5, p. 2601. 
 
 See. 8440 (1919). Standard measurements of water; miner's inch. — 
 The standard of measurement for flowing water, both for deter- 
 mining the flow of water in natural streams and for the purpose of 
 distributing it therefrom when appropriations shall have been made 
 for direct flow shall be one cubic foot per second of time. The 
 standard of measurement of the volume of water shall be one acre 
 foot, equivalent to forty-three thousand five hundred sixty cubic 
 feet, and when water is stored in any natural or artificial reservoir, 
 this standard shall be used for determining the capacity of storage 
 reservoirs, the amount stored and the amount used therefrom. One 
 " miner's inch " shall be one-fiftieth of one cubic foot per second. 
 
 Sec. 8445. Headgates in measuring devices; failure to construct. — 
 Persons owning or controlling any ditch, canal or reservoir for the 
 purpose of storing or using water for any purpose shall, upon thirty 
 days' notice by the department, construct and maintain at the point 
 of diversion a substantial headgate, of a design approved by the de- 
 partment so built that it may be closed, or partially closed ami 
 fastened at any stage with lock or seal. They shall also construct a 
 device for measuring and apportioning the water appropriated, 
 which device shall be of a design approved by the department and 
 built at the most practical point to be selected and fixed by it. If 
 they shall neglect or refuse, for a period of ten days, to construct 
 such headgate and measuring device the department shall refuse 
 to allow any water to be delivered to or used by or through any such 
 ditch, canal or reservoir or any other contrivance or device for ap- 
 propriating, using or storing water, and the department may con- 
 struct bars or dams or other obstructions to prevent such delivery 
 or use. 
 
490 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8450 (al921). Measuring devices, how constructed. — Under the 
 direction of the department of public works, managers or operators 
 of interstate ditches shall construct and maintain a suitable measur- 
 ing device at or near the State line in Nebraska. Thirty days after 
 receipt of notice from the department of public works shall be the 
 time allowed for the construction and completion of said measuring 
 device, and daily gage height reports of water passing through said 
 measuring device shall be furnished to the department from the be- 
 ginning to the end of the irrigation season, in such form and manner 
 as shall be recommended by the department. ' Failure of any person 
 or persons operating or in control of said canals to comply with the 
 provisions of this section shall be deemed a misdemeanor, and such 
 person or persons, upon conviction thereof, shall each be fined in the 
 sum of not less than twenty-five dollars nor more than one hundred 
 dollars. 
 
 Comp. Stats., 1922, Part 2, ch. 2, Art. 5, p. 146. 
 
 Sec. 146 (1911). Furnish scales and yards. — Every stockyard shall 
 furnish scale facilities sufficient to weigh all livestock without un- 
 reasonable delay. It shall furnish yardage to handle all livestock 
 in yards and no charge shall be made for j^ardage where yards are 
 not furnished. 
 
 Comp. Stats., 1922, Part 2, ch. 59, Art. 5, p. 1691. 
 
 Sec. 5371 (1921). Mixed shipments defined. — "Mixed shipments" of 
 livestock as used in this act include car lots, containing two or more 
 of the following classes of livestock : Cattle, sheep, hogs and goats. 
 
 Sec. 5372. Carload, minimum weights. — Seventeen thousand pounds 
 shall be the minimum weight for a carload of such mixed stock 
 shipped in a single-deck standard car of approximately thirty-six 
 feet in length. Such minimum weight shall be more or less than 
 seventeen thousand pounds in proportion as such car is more or 
 less than thirty-six feet long. In a mixed shipment of livestock, 
 the rate of the species having the highest rate may be the rate of 
 such shipment. 
 
 Sec. 5373. Violation; penalty. — Any railroad comapny failing to 
 comply with the provisions of this act shall be subject to a penalty 
 of not less than twenty dollars, nor more than one hundred dollars, 
 for each and every violation of this act; said penalty may be re- 
 covered for the use of the county in a civil action in the name of the 
 State by the county attorney of any county through which such 
 railroad may pass. 
 
 Comp. Stats., 1922, Part 2, ch. 59, Art. 5, p. 1691. 
 
 Sec. 5346 (1911). Weighing cars, freight.— The Nebraska State rail- 
 way commission shall have power, and it shall be its duty to enforce 
 reasonable regulations for the weighing of cars and of freight offered 
 for shipment or transported within this State. 
 
 Sec. 5347. Track scales. — All track scales used by common carriers 
 for the purpose of weighing freight shipped in carload lots within 
 this State shall be under the control and direction and jurisdiction of 
 the commission and subject to inspection by it or under its direction. 
 
 Sec. 5348. Same, inefficient. — The commission shall have power 
 either on its own motion or on complaint being made to determine 
 
NEBRASKA 491 
 
 whether any such track scale is defective or inefficient, or whether 
 the time, manner or method of using same is unreasonable, ineffective 
 or unjust, and shall have power to condemn any such scale found to 
 be defective or inefficient and prohibit the use of the same while in 
 that condition, and to render such decision and to make such order, 
 rule or regulation as may be deemed necessary or advisable. 
 
 Sec. 5349. Violation of act; penalty. — Any officer, agent or repre- 
 sentative of any railway company or common carrier, who shall vio- 
 late any of the provisions of the five next preceding sections, or who 
 shall fail or refuse to obey and carry out any decision, order, rule or 
 regulation of the Nebraska State Railway Commission, duly entered 
 in conformity with the provisions of the five next preceding sections, 
 shall be guilty of a misdemeanor and upon conviction shall be fined 
 for each offense a sum of not less than one hundred dollars nor more 
 than five hundred dollars, or by imprisonment in the county jail 
 not less than ten days nor more than thirty days, or both. 
 
 Sec. 5350 (1907). Track scales. — Every person, firm or corporation 
 engaged in operating any railroad within the State of Nebraska, 
 over which coal and other commodities in carload lots shall be trans- 
 ported for hire, shall equip the line of its track and thereafter main- 
 tain 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 pro- 
 Added. 
 
 Sec. 5351. Same, where installed. — Such track scales shall be so 
 installed and maintained at all division stations along the line of 
 such railroads within the State of Nebraska, and at such other sta- 
 tions as the State railway commission shall from time to time direct. 
 
 Sec. 5352. Weighing certificates. — The owner, consignor or consignee 
 of any carload lots of grain, coal, merchandise or other property in 
 course of transportation over any railway within the State, trans- 
 porting the same for hire, may request in writing any agent of the 
 operators of such railway to weigh any such carloads of grain, coal, 
 merchandise or other property in course of transportation and, upon 
 such request being received, it shall become the duty of the operators 
 of such railroad to weigh the car or cars designated in such written 
 request, together with their contents, upon such track scale as may 
 be designated in such written request, over which such car or cars in 
 the regular course of transit will thereafter pass, and deliver to the 
 person making such request a written certificate showing the name 
 and number of the car so weighed, the date of the taking of such 
 weight and the place where weighed, with the number of pounds of 
 gross and net weights, after deducting the tare marked on the car 
 from such gross weight. The certificate so executed and delivered 
 shall be admissible evidence against such railway company in any 
 legal proceeding thereafter instituted or then pending against any 
 such carrier weighing and transporting the property contained in 
 such car or cars of all the facts stated in such certificate. 
 
 Sec. 5353. Same, where no scales. — Wherever any carload lot of mer- 
 chandise, coal, grain or other property shall be delivered for trans- 
 
492 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 portation for hire to any carrier by railroad within this State con- 
 signed to any person at a station on the line of the railroad of such 
 carrier, or upon any other railroad within this State, where no 
 track scale is located and maintained, and such car in the course 
 of transit will not pass a track scale on the line of such connecting 
 carrier, it shall immediately become the duty of such initial carrier 
 to cause the same to be weighed in the manner required by the next 
 preceding section on the track scale located nearest the station to 
 which such car is consigned, and to stamp upon the way bill for 
 such car, all of the matters required to be set out in the certificate 
 provided for in the next preceding section; but where coal, 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 desti- 
 nation. 
 
 Sec. 5354. Violation of act.— Any railroad company operating in 
 this State violating any of the provisions of the four next preceding 
 sections, by neglecting or refusing to furnish weights as herein pro- 
 vided, shall, upon conviction thereof, be fined in the sum of one 
 hundred dollars for each and every such violation to be recovered 
 by the State in an action in its name upon complaint of any owner, 
 consignor or consignee of the property which such carrier may 
 refuse to weigh made before any court of competent jurisdiction. 
 
 Comp. Stats., 1922, Part 3, Title 3, Art. 6, p. 2302. 
 
 Sec. 7450 (1919). Fraud in testing milk or cream. — No person receiv- 
 ing milk or cream by weight or test or by weight and test, shall 
 fraudulently manipulate the weights of milk or cream or take unfair 
 samples thereof, or fraudulently manipulate such samples in any 
 way. No person buying and paying for milk or cream on the basis 
 of the amount of fat contained therein shall under-read, over-read or 
 otherwise fraudulently manipulate the Babcock test used for de- 
 termining the percentage of fat in milk or cream or to falsify the 
 record thereof or to read the test at any temperature except between 
 135 degrees and 140 degrees Fahrenheit, or to pay on the basis of 
 any measurement or weight except the true measurement or weight, 
 which is seventeen and six-tenths cubic centimeters for milk and 
 nine grams for cream. In all tests made under the provisions of 
 this section the cream shall be weighed into the test bottle. 
 
 Sec. 7451 (al921). Standard glassware for testing milk and cream. — 
 Every person buying or paying for milk or cream on a basis of the 
 amount of butter fat contained therein as determined by the Babcock 
 test, shall use standard Babcock test bottles, pipettes and weights, 
 and accurate scales. All test bottles, pipettes and weights shall be 
 inspected by the department of dairy husbandry of the University of 
 Nebraska, and if found accurate shall be legibly marked by said 
 department with the letters "S. G. N." (Standard Glassware 
 Nebraska). The fee for such standardization shall be three cents for 
 each piece of glassware and each weight so tested and marked, and 
 said fee shall be paid to the department of dairy husbandry. No 
 bottle, pipette, or weight shall be used for such test unless so exam- 
 ined and marked by said department of dairy husbandry of the State 
 university. It shall be unlawful for any person to use or have in 
 
NEBRASKA 493 
 
 their [his] place of business any other than standard test bottles, 
 pipettes, and weights which have been examined and marked as 
 provided in this section. 
 
 Sec. 7452. Standards for scales and test bottles for milk and cream. — 
 For the purpose of this article the scales used in the perform- 
 ance of the Babcock test for the purchase of milk or cream on a 
 butter fat basis shall be of the one bottle type and sensitive to at 
 least twenty-five milligrams at full lead [load]. The standard 
 milk test bottle shall have a total per cent graduation of eight 
 or ten. The graduated portion of the neck of the eight per cent 
 bottle shall have a length of not less than two and one-half inches 
 and the graduated portion of the neck of the ten per cent bottle 
 shall have a length of not less than three inches and each shall 
 be graduated to tenths per cent. The error at any point of the 
 scale shall not exceed one-tenth per cent; total height of bottle 
 shall be between five and seven-eighths and six and one-half inches. 
 The standard cream test bottle shall be a fifty per cent, nine gram 
 bottle, the total per cent graduation shall be fifty. The graduated 
 portion of the neck shall have a length of not less than three inches 
 and shall be graduated to five-tenths per cent. The error at any 
 point of the scale shall not exceed five-tenths per cent. Total height 
 of the bottle shall be between five and seven-eighths and six and 
 one-half inches. 
 
 The standard Babcock milk pipette shall be graduated to deliver 
 seventeen and six-tenths cubic centimeters of water at 20 degrees C. 
 in five to eight seconds, the standard weight shall be nine grams. 
 
 Sec. 7453. Violation; penalty. — Any person violating any of the 
 provisions of this article shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof, shall be fined in a sum not less than ten 
 dollars, nor more than one hundred dollars, or be imprisoned in the 
 county jail not exceeding three months. 
 
NEVADA 
 
 Rev. Laws, 1912, Vol. 1, p. 1381. 
 
 Sec. 4792 (1911). Government standards of weights, measures, etc., 
 adopted. — The standard weights and measures as have been adopted 
 by the Government of the United States of America, and such 
 weights, measures, balances and measuring devices as heretofore 
 have been, or hereafter may be, furnished this State by the United 
 States, as standard weights, measures, balances and measuring de- 
 vices, shall be the legal standard of weights and measures through- 
 out the State of Nevada. This section shall not prevent the use of 
 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. 
 
 Sec. 4793. Defining yard and fractions. — The unit of standard meas- 
 ure of length and surface, from which all other measures of ex- 
 tension, whether lineal, superficial or solid, shall be derived and 
 ascertained, is the standard yard, adopted by the Government of the 
 United States. The yard shall be divided into three equal parts, 
 called feet, and each foot into twelve equal parts, called inches. For 
 the measure of cloth and other commodities commonly sold by the 
 yard, it may be divided into halves, quarters, eighths and sixteenths. 
 
 Sec. 4794. Defining rod, perch, and mile. — The rod, pole, or perch 
 shall contain five and a half standard yards, and the mile, one thou- 
 sand seven hundred and sixty such yards. The chain for measur- 
 ing land shall be twenty-two standard yards long, and be divided 
 into one hundred equal parts, called links. 
 
 Sec. 4795. Acre and square mile defined. — The acre for land measure 
 shall be measured horizontally, and contain ten square chains, and 
 be equivalent in area to a rectangle sixteen rods in length and ten 
 rods in breadth. Six hundred and forty acres shall be contained in 
 a square mile. 
 
 Sec. 4796. Perch. — The perch of mason work or stone shall consist 
 of twenty-five cubic feet. 
 
 Sec. 4797. Units of weight. — The units of standards of weights 
 from which all other weights shall be derived and ascertained shall 
 be the standard avoirdupois and troy weights adopted by the Gov- 
 ernment of the United States. 
 
 Sec. 4798. Pound; ton; ounce. — The avoirdupois pound which bears 
 to the troy pound the ratio of seven thousand to five thousand seven 
 hundred and sixty, shall be divided into sixteen equal parts called 
 ounces. The hundredweight, 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. Whenever hereafter in this act the 
 word pound is used it shall mean the avoirdupois pound unless other- 
 wise distinctly specified. 
 
 494 
 
NEVADA 
 
 495 
 
 Sec. 4799. Gallon; quart; pint; gill. — The unit of standard measure 
 of capacity for liquids from which all other measures of liquid shall 
 be derived and ascertained shall be the standard gallon, adopted 
 by the Government of the United States. The half -gallon, quart, 
 pint, half-pint and gill measures for measuring liquids shall be de- 
 rived from the gallon by dividing it and each successive measure 
 by two. 
 
 Sec. 4800. Barrel; hogshead. — The barrel shall contain thirty-one 
 and one-half gallons and two barrels shall constitute a hogshead. 
 
 Sec. 4801. Bushel, etc. — The unit of standard measure of capacity 
 for commodities other than liquids, from which all other measures 
 of such commodities shall be derived and ascertained, shall be the 
 standard bushel measure adopted by the Government of the United 
 States. The half-bushel, peck, half-peck, quarter-peck, quart, and 
 pint measures for measuring commodities other than liquids shall be 
 derived from the bushel by dividing it and each successive measure 
 by two. 
 
 Sec. 4802. Barrel and bushel of certain commodities. — Whenever any 
 of the following articles shall be contracted for, or sold, or de- 
 livered, and no special contract or agreement shall be made to the 
 contrary, such sale and computations for payment or settlement 
 thereof shall be by weight. The net weight per barrel or bushel, 
 or divisible merchantable quantities of a barrel or bushel, shall be 
 as follows: 1 
 
 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 
 
 And the following commodities per bushel; 
 
 Corn meal — Pounds 
 
 Per bushel sack 48 
 
 Per half -bushel sack 24 
 
 Per quarter-bushel sack 12 
 
 Pounds 
 
 Wheat 60 
 
 Rye 56 
 
 Indian corn on the ear 70 
 
 Kaffir corn 56 
 
 Rice corn 56 
 
 Corn, shelled 56 
 
 Sorghum seed ,1 50 
 
 Buckwheat 50 
 
 Barley 48 
 
 Malt 32 
 
 Bran 20 
 
 Beans 60 
 
 Clover seed 60 
 
 Hungarian and millet seed 50 
 
 Potatoes 60 
 
 Sweet potatoes 50 
 
 Turnips 56 
 
 Flaxseed 56 
 
 Pounds 
 
 Onions 57 
 
 Salt 80 
 
 Castor beans 46 
 
 Hemp seed 48 
 
 Native blue-grass seed 14 
 
 English blue-grass seed 22 
 
 Timothy seed 45 
 
 Dried peaches 33 
 
 Dried apples 24 
 
 Green apples 48 
 
 Parsnips 50 
 
 Carrots 50 
 
 Beets, __■ 56 
 
 Tomatoes 56 
 
 Peaches 48 
 
 Shelled dried peas 60 
 
 Alfalfa seed 60 
 
 Oats 32 
 
 Sec. 4803. Standard bread loaf. — A standard loaf of bread sold or 
 offered for sale in this State shall weigh one pound and a standard 
 loaf of bread need not be labeled with a statement of its weight. 
 Whenever a loaf of bread sold or offered for sale weighs more or less 
 than a pound, it shall be labeled in plain, intelligible English words 
 
 1 For convenience In printing a slight change has been made in arrangement of articles. 
 517—26 32 
 
496 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and figures with its correct weight, together with the name of its 
 manufacturer. 
 
 Sec. 4804. Butter. — Butter in a standard package or container, sold 
 or offered for sale in this State, shall weigh one pound and a standard 
 package or container of butter need have no statement of the net 
 weight of its contents thereon. Whenever butter is sold or offered 
 for sale in a package or container, the net weight of which is more 
 or less than one pound, such package or container shall be labeled 
 in plain, intelligible English words and figures with the correct net 
 weight of its contents, together with the name of the manufacturer 
 or jobber. 
 
 Sec. 4805. Milk or cream. — All milk or cream that is sold or offered 
 for sale in this State in bottles shall be sold or offered for sale only 
 in bottles containing standard gallons, half -gallons, quarts, pints or 
 half-pints. All other liquid commodities shall be sold only by 
 standard liquid measure or standard weight, except where parties 
 otherwise agree. 
 
 Sec. 4806. Berries and small fruits. — Berries and small fruits when- 
 ever 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 informa- 
 tion must be given the purchaser, or such boxes must be labeled in 
 plain, intelligible English words and figures with a correct statement 
 of the quantity of its contents. 
 
 Sec. 4807. Firewood. — A standard cord of firewood sold or offered 
 for sale in this State shall be and contain one hundred and twenty- 
 eight cubic feet, well stowed and packed. And when delivering 
 firewood to a purchaser the vender shall give, or cause to be given 
 therewith to such purchaser, a written statement of the quantity, in 
 terms of the standard cord, of the firewood so delivered. 
 
 Sec. 4808. Ton of coal; statement of weight furnished; weight by 
 sack. — A standard ton of coal sold or offered for sale in this State 
 shall weigh two thousand pounds. And when delivering coal to a 
 purchaser the vender shall give, or cause to be given, therewith to 
 such purchaser a written statement of the weight, in terms of the 
 standard ton, of the coal so delivered. When coal is sold by the sack 
 the contents of such sack shall weigh one hundred pounds. 
 
 Sec. 4809. All packages to bear correct statement of weight, number, 
 etc.; proviso. — It shall be unlawful for any person to put up any 
 commodity or article of merchandise into a package or container and 
 sell or offer for sale in this State such commodity or article of mer- 
 chandise in that form without having such package or container 
 labeled in plain, intelligible English words and figures with a cor- 
 rect statement of the net weight, measure or numerical count of its 
 contents: Provided, That nothing in this section shall prevent the 
 putting up of commodities or articles of merchandise, which have 
 been previously sold by net weight, measure or numerical count, into 
 packages or containers for the purpose of delivering or transporting 
 such commodities or articles of merchandise. 
 
 Sec. 4810. Sale by true net weight; mutual agreement, when. — It 
 shall be unlawful for any person to sell or offer for sale in this State 
 any commodity or article of merchandise, except by true net weight, 
 measure or numerical count, except where the parties otherwise agree. 
 Contracts for work to be done, or for anything to be sold by weight 
 
NEVADA 497 
 
 or measure, shall be construed according to the standards hereby 
 adopted as the standards of this State, except where the parties have 
 agreed upon any other calculations or measurement, and all state- 
 ments and representations of any kind referring to the weight or 
 measure of commodities or articles of merchandise shall be understood 
 in the terms of the standards of weights or measures aforesaid. 
 
 Sec. 4811. False or short weight or measure unlawful. — It shall be 
 unlawful for any person, in buying or selling any commodity or ar- 
 ticle of merchandise, to make or give false or short weight or measure, 
 or to sell or offer for sale any commodity or article of merchandise 
 less in weight or measure than he represents, or to use a weight, 
 measure, balance or measuring device that is false and does not con- 
 form to the authorized standard for determining the quantity of any 
 commodity or article of merchandise, or to have a weight, measure, 
 balance or measuring device adjusted for the purpose of giving false 
 or short weight or measure, or to use in buying or selling of any com- 
 modity or article of merchandise a computing scale or device indi- 
 cating the weight and price of such commodity or article of mer- 
 chandise upon which scale or device the graduations or indications 
 are falsely or inaccurately placed, either as to weight or price. 
 
 Sec. 4812. Penalties; treble damages to sufferer; proviso. — Any per- 
 son who shall violate any of the provisions of this act shall be 
 deemed guilty of a misdemeanor, and, upon conviction thereof before 
 the justice of the peace having jurisdiction of the offense, shall be 
 fined in a sum not to exceed two hundred dollars, or by imprison- 
 ment in the county jail for not more than sixty days, or by both such 
 fine and imprisonment, and any weight, measure, balance or measur- 
 ing device which shall have been used by him in such violation shall 
 be ordered confiscated and destroyed. He shall also be liable in. 
 damages to the party injured by his violation in treble the amount 
 of the property wrongfully taken or not given and twenty dollars 
 in addition thereto, to be recovered in a court of competent juris- 
 diction. The selling and delivery of any commodity or article of 
 merchandise shall be prima facie evidence of the representation on 
 the part of the vender, that the quantity sold and delivered was the 
 quantity bought by the vendee. There shall be taken into consider- 
 ation the usual and ordinary leakage, evaporation or waste that 
 there may be from the time a package or container is filled by the 
 vender until he sells the same. A slight variation from the stated 
 weight, measure or quantity for individual packages is permissible: 
 Provided, That variation is as often above as below the weight, 
 measure or quantity stated. 
 
 Sec. 4813. District attorney to prosecute. — It shall be the duty of the 
 district attorney to prosecute all violations of the provisions of this 
 act occurring within his county. 
 
 Sec. 4814, as amended by Laws, 1913, ch. 228, p. 325. Sealer of 
 weights and measures; duties; standards same as United States. — The 
 commissioner appointed by the board of control of the Nevada 
 Agricultural Experiment Station [president and board of regents 
 of the university 2 ] is hereby designated and constituted sealer of 
 weights and measures and shall be charged with the proper enforce- 
 ment of the provisions of this act, and he may appoint such deputy 
 
 •See Laws, 1915, ch. 98, sec. 5, Infra. 
 
498 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 or deputies as he may deem necessary therefor. He shall have the 
 care and custody of the authorized public standards of weights and 
 measures, and of balances and other apparatus of all kinds owned 
 by the State under section 1 of this act [section 4792]. He shall 
 maintain the State standards in good order and submit them at 
 least once in every ten years to the National Bureau of Standards 
 for verification. He shall at once, after the approval of this act, 
 obtain from the Government of the United States all standard 
 weights and measures mentioned in this act which this State does 
 not at that time own. 
 
 Sec. 4815. Duties of sealer and assistants. — It shall be the duty of 
 the sealer and his duly authorized deputy to test and prove all 
 weights, measures, balances and measuring devices when requested 
 so to do by any person, without expense to such person, and when 
 the same are found or made to conform to the authorized standards 
 he shall seal and mark such weights, measures, balances and measur- 
 ing devices with a seal to be kept by him for that purpose. It 
 shall be the duty of the sealer and his deputy to inspect and test all 
 weights, measures, balances and measuring devices and when any 
 weight, measure, balance or measuring device is found by the sealer 
 or his deputy or deputies to be false or untrue or not of the approved 
 type, or which does not conform to the standards, or which cannot 
 be made to conform to the standards by such means as the sealer or 
 his deputy may have at his disposal he shall condemn the same and 
 mark it condemned in a conspicuous manner, and such condemnation 
 mark shall not be removed or defaced except by authorization of the 
 said sealer or his deputy. It shall be the duty of the sealer and his 
 deputy to inspect packages or containers of commodities or articles 
 of merchandise, put up and sold or offered for sale in this State, 
 and he shall mark in a conspicuous manner any package or container 
 which does not have a statement of the net weight, measure or 
 numerical count of its contents on it, and such mark shall not be 
 removed or defaced except by authorization of the said sealer or 
 his deputy. Whenever the sealer or his deputy has reason to believe 
 that there has been a violation of any of the provisions of this act 
 he shall swear to, or cause to be sworn to, a complaint before the 
 justice of the 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, balance or 
 measuring device used in such suspected violation. 
 
 Sec. 4816. Powers of sealer and deputies. — The sealer and his duly 
 authorized deputy shall have full power to enter any premises in or 
 on which any weights, measures, balances or measuring devices may 
 be located or used for the purpose of trade, or any premises in or 
 on which any commodities or articles of merchandise are put up into 
 packages or containers for the purposes of trade, for the purpose 
 of inspecting, adjusting, sealing, condemning or marking such 
 weights, measures, balances or measuring devices and such packages 
 or containers. 
 
 Sec. 4817. Unlawful to obstruct sealer or deputies. — It shall be 
 unlawful for any person to hinder, obstruct or in any way interfere 
 with the sealer or his duly authorized deputy while in the perform- 
 ance of said inspection, and it shall be unlawful for any person to 
 
NEVADA 499 
 
 fail to produce upon demand by the sealer or his deputy all weights, 
 measures, balances or measuring devices and all packages or con- 
 tainers of commodities or articles of merchandise, in or upon his 
 place of business or in his possession, for use in manufacture or 
 trade. Any such person so violating the provisions of this section 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in a sum not to exceed one hundred dollars, 
 or by imprisonment in the county jail for not more than thirty days, 
 or by both such fine and imprisonment. 
 
 Sec. 4818. Sealer must test before condemning weights, etc. — If the 
 sealer or any of his deputies shall seal any weight, measure, balance 
 or measuring device before first testing and making the same con- 
 form to the authorized standard or if he shall condemn or take 
 charge of any weight, measure, balance or measuring device without 
 first testing the same, the one so doing shall be deemed guilty of a 
 misdemeanor and upon conviction 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. 4819. Neglect of duty by sealer or deputies, how punished. — If 
 the sealer or any of his deputies neglects to keep the standards under 
 his charge in good order or repair, or suffers any of them through 
 his neglect to be lost, damaged or destroyed, or fails to perform any 
 of the duties imposed upon him by this act, the one so doing shall 
 be deemed guilty of a misdemeanor and upon conviction thereof, in 
 a court of competent jurisdiction, shall be subject to a fine of not less 
 than ten dollars nor more than two hundred dollars. 
 
 Sec. 4820. Sealer to keep record. — The sealer shall keep a record of 
 all the weights, measures, balances or other measuring devices sealed, 
 and of all convictions had and confiscations made under this act and 
 shall make an annual report to the governor on or before January 
 first of each year, a copy of which shall be filed with the National 
 Bureau of Standards. He shall issue from time to time regulations 
 for the guidance of his deputies and the said regulations shall gov- 
 ern the procedure to be followed by the aforesaid deputies in the dis- 
 charge of their duties. 
 
 Sec. 4821. Terms defined. — The terms "package" and "container" 
 as used in this act shall include any carton, box, barrel, bag, keg, 
 drum, bundle, jar, jug, crock, demijohn, bottle, crate, basket, hamper, 
 pail, can, parcel, package or paper wrapper. 
 
 Sec. 4822. Person defined. — The term " person " as used in this act 
 shall be construed to impart both singular and plural as the case de- 
 mands and shall include corporation, company, society and associa- 
 tion. When construing and enforcing the provisions of this act omis- 
 sion or failure of any officer, agent or other person acting for or em- 
 ployed 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 associa- 
 tion, as well as that of the person. 
 
 Sec. 4823. Appropriation.— The sum of four thousand dollars is 
 hereby appropriated out of any money in the State treasury, not 
 otherwise appropriated, for the compensation of sealer, deputy or 
 deputies, office supplies and for apparatus necessary to carry out the 
 provisions of this act. The State controller is hereby authorized to 
 
500 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 draw his warrants for the sum herein appropriated in favor of the 
 Nevada Agricultural Experiment Station, and the State treasurer is 
 hereby directed to pay the same. 
 
 Laws, 1915, ch. 98, p. 115. 
 
 Sec. 1. " Public service division " of University of Nevada. — It is 
 hereby provided that the several public service departments of 
 the University of Nevada be consolidated into a " public service 
 division " of the University of Nevada. 
 
 Sec. 2. Departments included. — The public service division of the 
 University of Nevada shall consist of the following public service 
 departments, which have been conducted heretofore by authority 
 of statutes of the State of Nevada, enumerated as follows : * * * 
 
 4. Weights and measures, provided for in sections 4792-4823, inclu- 
 sive, of the Revised Laws of the State of Nevada, 1912, as amended 
 chapter 228, Session Laws of the State of Nevada, twenty-sixth 
 session, 1913; * * * 
 
 Sec. 3. Regents to appoint heads of departments. — The board of 
 regents of the University of Nevada, upon recommendation of the 
 president, shall designate and appoint a qualified individual to 
 conduct each of these various departments of the public service 
 division, and shall grant him such assistants as they deem necessary, 
 and the powers and duties of these individuals appointed as herein 
 provided shall be as stated in the statutes establishing each of these 
 several departments of the public service division: Provided, how- 
 ever, That in those instances wherein the statutes concerned impose 
 upon the individual appointed as herein provided any police power, 
 the appointment shall receive the approval of the governor of the 
 State. 
 
 Sec. 4. Rules and regulations. — All rules and regulations necessary 
 for the proper administration and enforcement of the statutes es- 
 tablishing the departments comprehended in this public service 
 division of the University of Nevada shall be made by the president 
 and board of regents of the University of Nevada. 
 
 Sec. 5. Words substituted. — Wherever in any of these statutes estab- 
 lishing the departments comprehended in the public service division 
 of the University of Nevada any individual, official, or department 
 of the university is mentioned, there shall be substituted the words 
 
 president and board of regents of the university." 
 
 Laws, 1923, ch. 92, p. 156. 
 
 Sec. 1. Office of public weighmaster created; bond. — Any persons, 
 firms, corporations, copartners or individuals engaged in the busi- 
 ness of public weighing for hire, or any person, firm or corporation 
 who shall weigh or measure any commodity, produce, article or 
 articles, and issue therefor a weight certificate which shall be ac- 
 cepted as the accurate weight upon which the purchase or sale of 
 such commodity, produce, article or articles is based, may, upon 
 application as hereinafter described, be known as a public weigh- 
 master, and shall file a bond with the State sealer of weights and 
 measures in the sum of one thousand dollars for the faithful per- 
 formance of his duties, and shall obtain from the State sealer of 
 weights and measures a seal for the stamping of weight certificates 
 hereinafter provided; the said seals shall be the property of the 
 
NEVADA 501 
 
 State, and shall be forfeited and returned to the State sealer of 
 weights and measures upon termination of the appointment herein 
 prescribed of the public weighmaster. Said seal shall be of a form 
 and design prescribed by the State sealer and furnished by him to the 
 weighmaster. Said seal shall be a recognized authority of accuracy 
 when applied to weight certificates. 
 
 Sec. 2. Weight certificates. — The State sealer of weights and meas- 
 ures shall prescribe a form of weight certificates to be used by all 
 public weighmasters, which certificates shall be known as the " State 
 Certificate of Weights and Measures" and shall state thereon the 
 kind of product, the owner, agent or consignee, the total weight of 
 the product, the number of units of same, the date of receipt of the 
 product, the railroad, team or other means by which the product 
 was received, any trade or other mark thereon, and such other 
 information as may be necessary to distinguish or identify the prod- 
 uct from a like kind. No certificate other than the one herein pre- 
 scribed shall be used by public weighmasters. 
 
 Sec. 3. Record of public weighings must be kept. — All public weigh- 
 masters shall keep and preserve correct and accurate records of all 
 public weighings, as provided by this act, which records shall at all 
 times be open for inspection by the State sealer of weights and 
 measures, or his deputy. 
 
 Sec. 4. Uniform rules; weighing fees. — The State sealer of weights 
 and measures shall make uniform rules for carrying out the provi- 
 sions of this act, and shall designate a reasonable fee to be charged 
 by public weighmasters for weighing, such fee to be retained by the 
 public weighmaster as compensation for his services. 
 
 Sec. 5. Penalty for false certificate. — All State certificates of weights 
 and measures, as provided by this act, shall contain the accurate 
 and correct weight of any and all commodities weighed when issued 
 by the public weighmaster. Any public weighmaster who shall 
 issue a State certificate of weights and measures giving a false 
 weight or measure of any article or commodity weighed or meas- 
 ured by him, or his representative, to any person, firm or corpora- 
 tion, shall be guilty of a misdemeanor, and the State sealer may 
 direct and compel the return to him of the State seal, or declare his 
 bond as public weighmatser forfeited, or both. 
 
 Sec. 6. Penalty for encouraging false weighing. — Any person, firm, or 
 corporation who shall request the public weighmaster, or any person 
 employed by him to weigh any product, commodity, article or arti- 
 cles falsely, or incorrectly, or who shall request a false or incorrect 
 State certificate of weights and measures, or any person issuing 
 a State certificate of weights and measures who is not a public 
 weighmaster, as provided for in this act, shall be guilty of a mis- 
 demeanor. 
 
 Sec. 7. Correctness of weight, how decided. — When doubt or differ- 
 ence arises as to the correctness of the net or gross weight of any 
 amount, or part of any commodity, produce, article or articles for 
 which a State certificate of weights and measures has been issued by 
 a public weighmaster, the owner, agent or consignee may, upon 
 complaint to the State sealer of weights and measures, or his deputy, 
 have said amount or part of the amount of any commodity, produce, 
 article or articles reweighed by the State sealer of weights and 
 measures, or a public weighmaster designated by him, upon deposit- 
 
502 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ing a sufficient sum of money to defray the actual cost of reweighing 
 with the State sealer of weights and measures. If, on reweighing, 
 a difference in the original weight is discovered as the result of 
 fraud, carelessness, or faulty apparatus, the cost of reweighing shall 
 be borne by the public weighmaster responsible for the issuance of 
 such faulty State certificate of weights and measures. All public 
 weighmasters employing or designating any person to act for them 
 as deputy public weighmaster shall be responsible for all acts per- 
 formed by such person, and the public weighmaster shall forward to 
 the State sealer of weights and measures the name and address of 
 persons so appointed. 
 
 Sec. 8. Net weight defined. — When any product is sold subject to 
 public weighmaster weights, such weight shall be the true net 
 weight of the product. Net weight, within the meaning of this 
 act, shall be the correct or actual weight of the commodity, ex- 
 cluding the weight of the container. 
 
 Sec. 9. State t sealers to appoint public weighmasters ; apparatus tested. — 
 The State sealer of weights and measures shall appoint public 
 weighmasters : Provided, That he or his deputy shall test all weigh- 
 ing apparatus to be used, inspect the premises intended for such 
 use and satisfy himself that the applicant is in every way equipped, 
 qualified, competent and of such character that he should be ap- 
 pointed a public weighmaster. The State sealer of weights and 
 measures, if satisfied with the applicant's qualifications, shall issue 
 a certificate of appointment as public weighmaster, for which there 
 shall be a charge of ten dollars, paid to the State sealer of weights 
 and measures, which amount shall be used by said State sealer of 
 weights and measures in the costs incurred under the premises of 
 this act. The State sealer of weights and measures has the right 
 to suspend or revoke the authority or appointment of any public 
 weighmaster at any time for cause or upon complaint filed. 
 
 Sec. 10. Person defined. — The term " person," as used in this act, 
 shall be construed to imply both singular and plural as the case 
 demands, and shall include corporations, company, society, and as- 
 sociation. When constructing and enforcing the provisions of this 
 act, omission or failure of any officer, agent or other person acting 
 for or employed by any corporation, company, society, or associa- 
 tion within the scope of his employment or office shall, in every case, 
 be also deemed omission or failure of such corporation, company, 
 society or association, as well as that of the person. 
 
 Sec. 11. Penalty. — Any person violating any of the provisions of 
 this act shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof before a court of competent jurisdiction shall be 
 fined in the sum not exceeding two hundred dollars or by imprison- 
 ment in the county jail for not more than thirty days, or by both 
 such fine and imprisonment. 
 
 laws, 1923, ch. 105, p. 179. 
 
 Sec. 1. Definition of certain terms. — In this act, the term " sealer " 
 means the State sealer of weights and measures. "Agricultural 
 products" shall include horticultural, viticultural, dairy, bee, and 
 any and all farm products; the word "person" shall include indi- 
 viduals, partnerships, corporations, associations, or two or more in- 
 
NEVADA 503 
 
 dividuals having a joint or common interest; words used import 
 the singular or the plural as the case may demand. 
 
 Sec. 2. Official standards for agricultural products. — In order to pro- 
 mote, protect, further and develop the agricultural interests of this 
 State the sealer is hereby authorized and empowered after investiga- 
 tion and public hearing to fix and promulgate official standards for 
 grading and classifying any or all agricultural products grown or 
 produced in this State and to fix and promulgate official standards 
 for containers of farm products and to change any of them from 
 time to time. 
 
 Sec. 3. Date to be specified when standards become effective. — In pro- 
 mulgating the standards or any alterations or modification of such 
 standards, the sealer shall specify the date or dates when the same 
 shall become effective and shall give public notice not less than 
 thirty days in advance of such date or dates by such means as he 
 deems proper, and he is hereby authorized and empowered to employ 
 reasonable methods for diffusing information concerning the stand- 
 ard that may be fixed by him for any agricultural product or con- 
 tainer. 
 
 Sec. 4. Federal standards to be adopted. — The sealer is authorized to 
 fix and promulgate as the official standard for this State for any 
 agricultural . product or container the standard for such product 
 or container which may have been promulgated or announced there- 
 for under the authority of the Congress of the United States, and in 
 carrying out the provisions of this act the sealer is authorized to 
 cooperate with the United States or any department thereof in ac- 
 complishing the matters and things provided for herein. 
 
 Sec. 5. State sealer to appoint inspector; State sealer to specify fees; 
 license revoked, when. — The sealer is hereby authorized to designate 
 any competent employee or agent of the department of weights and 
 measures, and upon satisfactory evidence of competency may license 
 any other person, and charge and collect a reasonable fee for such 
 license, to inspect or classify agricultural products in accordance 
 with such regulations as he may prescribe at such places as the 
 volume of business may be found to warrant the furnishing of such 
 inspection service, at the request of persons having an interest in 
 such products, and to ascertain and to certify to such persons the 
 grade, classification, quality or condition thereof, and such other 
 pertinent facts as the sealer may require. The sealer is authorized 
 to fix, assess, and collect, or cause to be collected, fees for such services 
 when they are performed by employees or agents of the department 
 of weights and measures. Licensed inspectors may charge and col- 
 lect as compensation for such services only such fees as may be 
 approved by the sealer. The sealer may suspend or revoke any 
 license whenever, after an opportunity for hearing has been afforded 
 to the licensee, the sealer shall determine that such licensee is incom- 
 petent or has knowingly or carelessly failed to correctly certify the 
 grade, classification, quality or condition of any agricultural prod- 
 uct, or has violated any provisions of this act or of the regulations 
 made hereunder. Pending investigations the sealer may suspend a 
 license temporarily without a hearing. 
 
 Sec. 6. Appeal to State sealer. — Whenever any quantity of any agri- 
 cultural product shall have been inspected hereunder and question 
 
504 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 arises as to whether the certificate issued therefor shows the true 
 grade, classification, quality or conditions of such product, any in- 
 terested person, subject to such regulations as the sealer may pre- 
 scribe, may appeal the question to him and he is authorized to cause 
 such investigation to be made and such tests to be applied as he may 
 deem necessary and to determine and issue a finding of the true grade 
 or classification of the product or of the quality or condition thereof. 
 Whenever an appeal shall be taken to the sealer under this act, he 
 shall charge and assess and collect, or cause to be collected, a reason- 
 able fee, to be fixed by him, which shall be refunded if the appeal is 
 sustained. 
 
 Sec. 7. Certificate prima facie evidence. — A certificate when not su- 
 perseded by a finding on appeal, or a finding on appeal of the grade, 
 classification, quality or condition of any agricultural product issued 
 under this act, and all certificates issued under authority of the 
 Congress of the United States relating to the grade, classification, 
 quality, or condition of agricultural products, shall be accepted in 
 any court of this State as prima facie evidence of the true grade, 
 classification, condition or quality of such agricultural product at 
 the time of its inspection. 
 
 Sec. 8. State sealer to promulgate regulations. — The sealer is hereby 
 authorized and empowered to promulgate regulations for carrying 
 out the purpose and provisions of this act. All fees and moneys col- 
 lected or received by employees or agents of the department of 
 weights and measures under this act and the regulations which may 
 be promulgated hereunder shall be turned into the State treasury, 
 to be there maintained in a separate fund which is hereby appro 
 priated for carrying out the provisions of this act. 
 
 Sec. 9. State sealer may appoint agents. — The sealer may appoint 
 employees and agents to assist in carrying out the provisions of this 
 act, and may fix their compensation. 
 
 Sec. 10. Incorrect certificate, penalty for. — Any employee or agent 
 employed under this act or any inspector licensed hereunder who 
 shall knowingly inspect, grade or classify improperly any agricul- 
 tural product or shall knowingly give any incorrect certificate of 
 grade, classification, quality or condition or shall accept money or 
 other consideration directly or indirectly for any incorrect or im- 
 proper performance of duty, and any person who shall improperly 
 influence or attempt to improperly influence any such agent, em- 
 ployee or licensed inspector in the performance of his duty, shall be 
 guilty of a misdemeanor, and upon conviction thereof shall be fined 
 not more than five hundred dollars or be imprisoned not more than 
 one year, or both. 
 
 Sec. 11. Official standards and containers must be used. — If any quan- 
 tity of any agricultural product shall have been inspected and a 
 certificate issued hereunder showing the grade, classification, quality 
 or condition thereof, no person shall represent that the grade, classi- 
 fication, quality or condition of such product at the time and place 
 of such inspection was other than as shown by such certificate. 
 Whenever any standard for a container for an agricultural product 
 becomes effective under this act, no person thereafter shall pack for 
 sale, offer for sale, consign for sale, or sell and deliver, in a container 
 any such agricultural product to which the standard is applicable, 
 
NEVADA 505 
 
 unless the container conforms to the standard, subject to such vari- 
 ations therefrom as may be allowed in the regulations made under 
 this act, unless such product be brought from outside the State and 
 offered for sale, consigned for sale or sold in the original package. 
 Any person violating this section shall be guilty of a misdemeanor 
 and upon conviction thereof shall be fined not more than five hundred 
 dollars, or be imprisoned not more than one year, or both. 
 
 Sec. 12. Appropriation. — There is hereby appropriated, out of any 
 moneys in the State treasury not otherwise appropriated, the sum of 
 two thousand dollars annually, or so much thereof as may be neces- 
 sary, to be expended in carrying out the provision of this act. 
 
 Sec. 13. Each, provision independent. — If any provision of this act or 
 the application thereof to any person or circumstance is held invalid, 
 the validity of the remainder of the act and of the application of such 
 provisions to other persons or circumstances shall not be affected 
 thereby. 
 
 Rev. Laws, 1912, Vol. 2, ch. 24, p. 1902. 
 
 Sec. 6708 (1911). Buying or selling by false weight. — If any person 
 or persons shall knowingly buy or sell any goods, wares, or merchan- 
 dise, or any valuable thing by false weight or measure, or shall 
 knowingly use any false measure or false weight at any mill in taking 
 toll for grinding corn, wheat, rye, or other grain, or shall knowingly 
 use any false weight or weights, or false scales, or false steelyards, 
 or false balances, or false measures for any purpose in buying or 
 selling or trading any article whatever, he or she shall be deemed a 
 common cheat, and on conviction shall be punished by fine in any 
 sum not exceeding two hundred dollars, or be imprisoned in the 
 county jail not more than six months, or both. 
 
 Sec. 6709°. Misrepresentation of merchandise. — Every person who 
 makes any misrepresentation regarding the weight, amount, meas- 
 ure, quantity, quality, or ingredients of any goods, wares or merchan- 
 dise, or personal property, for the purpose of selling the same, or 
 while selling or offering the same for sale, is guilty of a misdemeanor ; 
 and if the value of any goods, wares, merchandise, or personal prop- 
 erty sold under such misrepresentation shall exceed fifty dollars, the 
 party so making the misrepresentation is guilty of a gross misde- 
 meanor. 
 
 Laws, 1913, ch. 226, p. 316. 
 
 Sec. 9. Mislabeled or misbranded, when. — Food, liquor and drugs 
 shall be deemed mislabeled or misbranded within the meaning of 
 this act in any of the following cases : * •* * 
 
 Third. If in package form, and the contents are stated in terms of 
 weight or measure, they are not plainly and correctly stated on the 
 outside of the package. * * * 
 
 Sec. 10. " Package " denned. — The term " package," as used in this 
 act, shall be construed to include any phial, bottle, jar, demijohn, 
 carton, bag, case, can, box or barrel, or any receptacle, vessel or 
 container of whatsoever material or nature which can be used by a 
 manufacturer, producer, jobber, packer or dealer, for enclosing any 
 article of food. 
 
 Sec. 11. Possession of proscribed articles prima facie evidence. — The 
 possession of any adulterated, mislabeled or misbranded article of 
 
506 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 food, liquor or drug by any manufacturer, producer, jobber ; packer 
 or dealer in food, liquor or drugs, or by any broker, commission mer- 
 chant, agent, employee, or servant of any such manufacturer, pro- 
 ducer, jobber, packer, or dealer, shall be prima facie evidence of the 
 violation of this act. 
 
 Sec. 12. Board of control to appoint commissioner; peace officers as 
 agents. — The board of control of the Nevada Agricultural Experi- 
 ment Station shall designate and appoint for the enforcement of 
 this act a commissioner and such other agent or agents as it may 
 deem necessary, and the sheriffs of the respective counties of the 
 State are hereby appointed and constituted agents for the enforce- 
 ment of this act. 
 
 Rev. Laws, 1912, Vol. 1, p. 240. 
 
 Sec. 794 (1907). Powers of city council; weights and measures; 
 enforcements. — The city council shall have the following powers : 
 
 50. To provide for the inspection and sealing of weights and 
 measures. 
 
 51. To enforce the keeping and use of proper weights and meas- 
 ures, by vendors. 
 
 Laws, 1913, ch. 140, p. 192. 
 
 Sec. 9. Standards of measurement for water ; acre-foot ; miner's inch. — 
 A cubic foot of water per second of time shall be the legal standard 
 for the measurement of water in this State. The unit of volume 
 shall be an acre-foot defined as 43,560 cubic feet. Where necessary 
 to transpose miner's inches to cubic feet per second, one cubic foot 
 per second shall be considered equal to forty miner's inches; but 
 the term " miner's inch " shall not be used henceforth in any permit 
 or adjudicated right issuing from the office of the State engineer 
 without first naming the amount in cubic feet per second or in 
 acre-feet. 
 
 Laws, 1919, ch. 109, p. 198. 
 
 Sec. 1. Public service commission created. — The public service com- 
 mission is hereby created whose duty it shall be to supervise and 
 regulate the operation and maintenance of public utilities, as here- 
 inafter named and defined, in conformity with the provisions of this 
 act. 
 
 Sec. 13. Standards for measurement, regulation and testing of. — The 
 commission may, when necessary, ascertain and prescribe for each 
 kind of public utility adequate, convenient and serviceable standards 
 for the measurement of quality, pressure, voltage or other condi- 
 tions pertaining to the supply of the product or service rendered 
 by any public utility, and prescribe reasonable regulations for the 
 examination and testing of such products or service and for the 
 measurement thereof. Any consumer, user or party served may 
 have the quality or quantity of the product or the character of any 
 service rendered by any public utility tested upon the payment of 
 fees fixed by the commission, which fees, however, shall be paid 
 by the pubfic utility and repaid to the complaining party if the 
 quality or quantity of the product or the character of the service 
 be found by the commission defective or insufficient in a degree 
 to justify the demand for testing ; or the commission may apportion 
 
NEVADA 507 
 
 the fees between the parties as justice may require : Provided, That 
 in cities of more than ten thousand population nothing contained in 
 this act shall direct or permit the installation or the use of me- 
 chanical water meters or similar mechanical devices to measure 
 the quantity of water served or delivered to water users. 
 
 The commission may, in its discretion, purchase such materials, 
 apparatus, and standard measuring instruments for such examina- 
 tion and tests as it may deem necessary. The commission shall have 
 the right and power to enter upon any premises occupied by any 
 public utility for the purpose of making the examination and tests 
 provided for in this act and set up and use on such premises any 
 necessary apparatus and appliances and occupy reasonable space 
 therefor. Any public utility refusing to allow such examination 
 to be made as herein provided shall be subject to the penalties pre- 
 scribed in section 11 of this act. * * * 
 
 Sec. 23. Weighing of railroad cars and freight. — * * * (a) The 
 commission shall have the power to enforce reasonable regulations 
 for furnishing cars to shippers, and switching the same, and for the 
 loading and unloading thereof, and the weighing of the cars and 
 freight offered for shipment over any line of railroad. 
 
 Laws, 1920-21, ch. 167, p. 251. 
 
 Sec. 1. Regulating method of weighing and testing miik, cream, and 
 dairy products. — It shall be unlawful for any hauler of milk or cream, 
 other than a common carrier, or any person, firm or corporation 
 receiving or purchasing milk or cream by weight or test or both, 
 or by measure or test or both, to fraudulently manipulate the weight, 
 measure or test of milk or cream, or to take unfair samples thereof, 
 or to fraudulently manipulate such samples. Such hauler or other 
 agent shall weigh or measure the milk or cream of each patron ac- 
 curately and correctly and shall report such weights and measure- 
 ments accurately and correctly to the creamery or factory. He 
 shall thoroughly mix the milk or cream of each patron by pouring 
 or stirring until such milk or cream is uniform and homogeneous 
 in richness, before the sample is taken from such milk or cream. 
 When the weighing or sampling is done at the creamery, shipping 
 station or factory, the same rule shall apply. 
 
 Sec. 2. False tests declared unlawful. — It shall be unlawful for any 
 person, firm or corporation, by himself or as the agent, servant, 
 employee or officer of any person, firm or corporation, receiving or 
 purchasing milk or cream on the basis of the amount of butter fat 
 contained therein, to underread, overread or otherwise fraudulently 
 manipulate the Babcock test used for determining the per cent of 
 butter fat in milk or cream, or to falsify the records thereof, or to 
 read the test at any other temperature than the correct one, which 
 is one hundred thirty degrees to one hundred forty degrees Fahren- 
 heit, or to pay on the basis of any measurement or weight except the 
 true measurement or weight, which is seventeen and six-tenths 
 cubic centimeters for milk and nine grams or eighteen grams for 
 cream: Provided, That in all tests for cream the cream shall be 
 weighed into the test-bottle. All testing of milk or cream purchased 
 on the basis of the amount of butter fat contained therein shall be 
 done by licensed tester, who shall supervise and be responsible for 
 the operation of the Babcock test of milk or cream. A license shall 
 be issued to such person by the commissioner of food and drugs, 
 
508 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 whose duty it shall be to examine into the qualifications of the appli- 
 cant for such license, and every such applicant shall satisfy said 
 officer of his qualifications and comply with the provisions herein, 
 before any license shall be issued to him. 
 
 Sec. 8. Food and drugs commissioner to inspect measures, etc. ; to mark 
 apparatus. — The commissioner of food and drugs shall, from time to 
 time, inspect and examine as to their accuracy, or their adaptability 
 to give accurate results, all glassware, measures, scales, weights and 
 other apparatus used in creameries and factories of dairy products, 
 where milk and cream are purchased, to determine the amount 01 
 percentage of fat in milk or cream. Said commissioner of food and 
 drugs shall supply at cost, and not oftener than once a year, to every 
 creamery, or other factory of dairy products where milk and cream, 
 or either, are purchased, on application, not more than two tubes or 
 bottles and one pipette of the forms used with the Babcock test, 
 which he shall first examine as to accuracy, and if accurate, or 
 adapted to give accurate results under the usual method of operating 
 the Babcock test, said commissioner of food and drugs shall certify 
 to this by marking durably and permanently upon each and every 
 piece of apparatus supplied the letters " C. F. D." Said commis- 
 sioner of food and drugs shall also, upon payment at the rate of one 
 dollar for each dozen, test or examine into the accuracy of all test- 
 bottles or tubes and pipettes sent to it direct from any creamery, or 
 ether factory of dairy products, where milk or cream is purchased, 
 and, if found accurate, or adapted to give accurate results, the letters 
 " C. F. D." shall be marked upon each piece of apparatus examined. 
 
 Sec. 9. State's standard measure specified; Babcock test for all cream 
 sold; details of requisites. — That State's standard measure, or pipette, 
 shall have a capacity of seventeen and six-tenths cubic centimeters, 
 and the standard test-tubes or bottles for milk shall have a capacity 
 of one cubic centimeter of mercury at a temperature of sixty-five 
 degrees Fahrenheit between " zero " and " five " on the graduated 
 scale on the neck thereof ; the scale to have a length of not less than 
 six and five-tenths millimeters for each per cent, or six and five- 
 tenths centimeters between zero and ten on the graduated scale on 
 the neck thereof, said scale to be graduated to at least two-tenths of 
 one per cent. The milk fat in the neck of said bottle to be read from 
 the lower line separation between the fat and the water to the top of 
 the fat column at a temperature not lower than one hundred and 
 thirty degrees Fahrenheit and not higher than one hundred and 
 forty degrees Fahrenheit. 
 
 All cream sold in the State of Nevada on the basis of the richness 
 or the percentage of milk fat contained therein shall be tested by 
 the Babcock test, using a weighed sample of eighteen grams, or a 
 weighed sample of nine grams (results to be doubled), weighed on a 
 balance sensitive to ten milligrams, and tested in a test-bottle with 
 a scale graduated to at least five-tenths of one per cent, said scale 
 to be of a length of at least one centimeter to every five per cent where 
 an eighteen-gram sample is used. Where a nine-gram sample is 
 used in a bottle graduated for eighteen grams, the test-bottle must 
 have a scale graduated to at least two-tenths of one per cent, said 
 scale to be a length of at least two centimeters to every five per cent. 
 Where a nine-gram sample is used in a bottle graduated for nine 
 grams, the test-bottle shall have a scale graduated to five-tenths of 
 
NEVADA 509 
 
 one per cent and shall be of a length not less than seven centimeters 
 for every fifty per cent. The milk fat in the test-bottle shall be read 
 at a temperature not lower than one hundred and thirty degrees 
 Fahrenheit and not higher than one hundred and forty degrees 
 Fahrenheit. The fat column must be read from the bottom of 
 the lower meniscus to the bottom of the upper meniscus: Pro- 
 vided, however, That no test-bottles now in use in any creamery or 
 other factory or dairy products or by any private party in this State 
 shall be condemned or declared unfit for use prior to the expiration 
 of one year from the taking effect of this act, if the scale thereof is 
 correctly calibrated. 
 
 Sec. 10. Penalty. — Any person violating any provision of this act 
 shall be deemed guilty of a misdemeanor and upon conviction thereof 
 shall be fined in the sum of not less than one hundred dollars nor 
 more than five hundred dollars, or by imprisonment in the county 
 jail of not less than thirty days nor more than six months, or by 
 both such fine and imprisonment. 
 
NEW HAMPSHIRE 
 
 Public Laws, 1926, Vol. 1, ch. 161, p. 594. 
 
 Sec. 1 (1917). Standards. — The weights and measures received from 
 the United States under joint resolutions of Congress, approved 
 June 14, 1836, and July 27, 1866, and such new weights and measures 
 as shall be received from the United States as standard weights and 
 measures in addition thereto or in renewal thereof, and such as 
 shall be supplied by the State in conformity therewith and certified 
 by the National Bureau of Standards, shall be the State standards, 
 by which all municipal standards of weights and measures shall be 
 tried, proved and sealed. 
 
 Sec. 2 (al919). Commissioner. — There shall be a State commissioner 
 of weights and measures, appointed by the governor, with the advice 
 and consent of the council, for a term of five years and until his 
 successor is appointed and qualified. 
 
 Sec. 3 (1917). Inspectors. — There shall be not exceeding three in- 
 spectors of weights and measures, who shall be appointed by the 
 commissioner, with the advice and consent of the governor and 
 council. Their annual salary shall not exceed seventeen hundred 
 dollars each. 
 
 Sec. 4 (al925). Salaries. — The salary of the commissioner shall be 
 three thousand dollars a year, and he shall be allowed for salaries for 
 inspectors, clerical services, traveling and contingent expenses for 
 himself and inspectors such sums as shall be necessary to carry 
 out the provisions of this chapter, to be paid upon warrant of the 
 governor. 
 
 Sec. 5 (1917). Commissioner's bond. — The commissioner shall give a 
 bond in the sum of five thousand dollars, with sureties to be approved 
 by the governor, for the faithful performance of the duties of his 
 office and for the safety of the standards intrusted to his care, and for 
 the surrender thereof to his successor or to the person appointed by 
 the governor to receive them. 
 
 Sec. 6/ Inspector's bond. — Each inspector shall give a bond in the 
 sum of one thousand dollars, with sureties, to be approved by the 
 secretary of state, for the faithful performance of the duties of his 
 office and for the safety of any apparatus intrusted to his care. 
 
 Sec. 7. Commissioner's duties. — The commissioner shall take charge 
 of the standards of the State, and cause them to be kept in a safe 
 and suitable place in his office, from which they shall not be removed 
 except for repairs or for certification, and he shall take all other 
 necessary precautions for their safekeeping. He shall maintain 
 the State standards in good order, and shall submit them at least 
 once in ten years to the National Bureau of Standards for certi- 
 fication. He shall keep a complete record of the standards, bal- 
 ances and other apparatus belonging to the State and take a re- 
 ceipt for the same from his successor in office. 
 
 610 
 
NEW HAMPSHIRE 511 
 
 Sec. 8. Testing local standards. — He shall, at least once in five years, 
 try and prove by the State standards all standard weights, meas- 
 ures and other apparatus which may belong to any city, and shall 
 seal the same when found to be accurate, by stamping on them 
 the letters N. H. and the last two figures of the year with seals which 
 he shall have and keep for that purpose, and shall keep a record 
 of such inspections. He shall, upon the written request of any citi- 
 zen, firm, corporation or educational institution in the State, test 
 or calibrate weights, measures, weighing and measuring devices, 
 and instruments or apparatus used as standards in the State. 
 
 Sec. 9. Testing; State institutions. — He, or the inspectors by his 
 direction, shall at least once annually test all scales, weights and 
 measures used in checking the receipts or disbursements of supplies 
 in every institution for the maintenance of which moneys are ap- 
 propriated by the legislature, and he shall report in writing his 
 findings to the supervisory board and to the executive officer of the 
 institution concerned ; and, at the request of such board, or executive 
 officer, the commissioner shall appoint in writing one or more em- 
 ployees then in the actual service of such institution, who shall act 
 as special deputies for the purpose of checking the receipts or dis- 
 bursements of supplies. 
 
 Sec. 10. Inspections. — The commissioner, or his inspectors at his 
 direction, shall at least once in two years visit the various cities of 
 the State in order to inspect the work of the local sealers, and in 
 the performance of his duties he may inspect the weights, measures, 
 balances or any other weighing or measuring appliances of any citi- 
 zen, firm or corporation, and shall have the same powers as the 
 local sealer of weights and measures. 
 
 Sec. 11. Supervision. — He shall have and keep a general supervision 
 of the weights, measures and weighing and measuring devices of- 
 fered for sale, sold or in use in the State. 
 
 Sec. 12. Eegulations. — The commissioner shall issue from time to 
 time regulations for the guidance of city sealers, and the said regu- 
 lations shall govern the procedure to be followed by the aforesaid 
 officers in the discharge of their duties. 
 
 Sec. 13 (al919). Inspectors' powers. — When not otherwise provided 
 by law the inspectors shall have, the power, under the direction of the 
 commissioner, to inspect, test, try and ascertain if they are correct, 
 all weights, scales, beams, measures of any kind, weighing or meas- 
 uring instruments, or mechanical devices for measuring, and tools, 
 appliances or accessories connected with any and all such instru- 
 ments or measures kept, offered or exposed for sale, sold, used or 
 employed within the State by any proprietor, agent, lessee or em- 
 ployee in proving the size, quantity, extent, area or measurements 
 or quantities, things, produce, articles for distribution or consump- 
 tion offered or submitted by such person or persons for sale, hire or 
 reward; and they shall have like power to, and shall from time to 
 time, weigh or measure packages or amounts of commodities of 
 whatever kind kept for the purpose of sale, offered for sale or sold, 
 or in the process of delivering, in order to determine whether the 
 same contain the amounts represented, and whether they are offered 
 for sale or sold in a manner in accordance with the laws relative to 
 weights and measures. 
 
 517—26 33 
 
512 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 14. Inspectors' duties. — They shall at least once each year, and 
 as much oftener as the commissioner may deem necessary, see that 
 the weights, measures and all apparatus used in the State are correct. 
 They may for the purposes mentioned, and in the general perform- 
 ance of their official duties, stop any vendor, peddler, junk dealer, 
 or the driver of any coal wagon, ice wagon or delivery wagon, or 
 any dealer whatever, and require him to proceed to such place as 
 the inspector may specify, for the purpose of making the proper tests, 
 and for that purpose they may, without formal warrant, enter any 
 stand, place, building or premises. Whenever an inspector finds a 
 violation of the statutes relating to weights and measures he shall 
 report the same to the commissioner, who shall cause the violator 
 to be prosecuted. 
 
 Sec. 15. Sealing. — Whenever an inspector compares weights, meas- 
 ures or weighing or measuring instruments and finds that they cor- 
 respond with the standards in his possession and conform to the 
 specifications and regulations of this department, or causes them to 
 correspond with the said standards and to conform to said specifi- 
 cations and regulations, he shall seal or mark such weights, measures, 
 weighing or measuring instruments with appropriate devices to be 
 approved by the commissioner. 
 
 Sec. 16. Condemning. — He shall condemn and seize to hold as evi- 
 dence, and may, upon the order of the court, destroy, incorrect 
 weights, measures, or weighing or measuring instruments which, in 
 his judgment, are not susceptible of satisfactory repair; but such 
 as are incorrect and may be repaired he shall mark or tag as con- 
 demned for repairs in a manner prescribed by the commissioner. 
 
 Sec. 17. Correcting. — The owners or users of any weights, measures 
 or weighing or measuring instruments, of which such disposition is 
 made, shall have the same repaired or corrected within the time pre- 
 scribed by the commissioner, and they may neither use nor dispose 
 of the same, except as permitted by the commissioner, but shall hold 
 the same at his disposal. 
 
 Sec. 18. Confiscating. — Any apparatus which has been condemned 
 for repairs, and has not been repaired as herein required, shall be 
 confiscated as provided in section 16. 
 
 Sec. 19. Records; reports. — The inspectors and city sealers shall 
 keep a complete record of all their official acts, and shall make reports 
 to the commissioner of weights and measures as he may direct, on 
 blanks approved by him. 
 
 Sec. 20. City sealers. — There shall be a sealer of weights and meas- 
 ures in cities of not less than ten thousand population, according 
 to the latest United States census, to be appointed by the mayor, 
 with the consent of the city council. He shall, in said city, have 
 the same powers and duties as the State inspectors have elsewhere. 
 
 Sec. 21. Apparatus for city sealers. — The common council of each 
 city required to appoint a sealer shall procure at the expense of the 
 city, and shall keep at all times, a complete set of weights and 
 measures and other apparatus of such materials and construction 
 as the commissioner may direct. All such weights, measures and 
 other apparatus, having been tried and accurately proved by him, 
 shall be sealed and certified to by the commissioner as hereinbefore 
 
NEW HAMPSHIRE 513 
 
 provided, and shall be then deposited with and preserved by the 
 city sealer as public standards for the city. Whenever the common 
 council of such city shall neglect for six months to provide such 
 standards the city clerk of said city, on notification and request 
 by the commissioner, shall provide the same and cause them to 
 be tried, sealed and deposited at the expense of the city. 
 
 Sec. 22. Authority as police. — The commissioner of weights and 
 measures, his inspectors, and the city sealers of weights and meas- 
 ures, are special policemen, and are authorized and empowered to 
 arrest, without formal warrant, any violator of the statutes in rela- 
 tion to weights and measures, and to seize for use as evidence, and 
 without warrant, any false or unsealed weight, measure or weighing 
 or measuring device, or package or amounts of commodities found 
 to be used, retained or offered or exposed for sale or sold in violation 
 of this chapter. 
 
 Sec. 23 (1917). False weights. — Any person, who, by himself or by 
 his servant or agent, or as the servant or agent of another, shall 
 offer or expose for sale, sell, use or retain in his possession for use, 
 a false weight or measure or weighing or measuring device, or 
 any weight or measure or weighing or measuring device which has 
 not been sealed by the commissioner or inspector, or by a sealer 
 of weights and measures within one year, for the purpose or the 
 apparent purpose of buying or selling of any commodity or thing, 
 or for hire or reward; or shall dispose of any condemned weight, 
 measure or weighing or measuring device contrary to law, or remove 
 any tag placed thereon by the commissioner or inspector, or by 
 a sealer of weights and measures, without his permission; or any 
 person who, by himself or by his servant or agent, or as the servant 
 or agent of another, shall sell or offer or expose for sale less than 
 the quantity he represents, or sell or offer or expose for sale any 
 commodity in a manner contrary to the laws relative to weights 
 and measures, or, in purchasing, misrepresents the amount pur- 
 chased, shall be fined not less than twenty nor more than two 
 hundred dollars, or imprisoned not more than three months, or 
 both, upon a first conviction ; upon a second or subsequent conviction 
 he shall be fined not less than fifty nor more than five hundred 
 dollars, or imprisoned not more than one year, or both. 
 
 Sec. 24 (al919). Obstructing officials. — Any person who shall hinder 
 or obstruct in any way the commissioner, any inspector or any city 
 sealer in the performance of his official duties shall be fined not 
 less than twenty nor more than two hundred dollars, or imprisoned 
 not more than ninety days, or both. 
 
 Sec. 25. Impersonating officials. — Any person who shall impersonate 
 in any way the commissioner, any inspector or city sealer, by use of 
 his seal or counterfeit of his seal or otherwise, shall be fined not less 
 than one hundred nor more than five hundred dollars, or imprisoned 
 not more than one year, or both. 
 
 Sec. 26 (al925). Provisions governing weights and measures for certain 
 commodities. — In proceedings under section 23, for false or insufficient 
 weights or measures in connection with the sale of any article, the 
 following weights and provisions shall govern : 
 
514 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds per 
 bushel 
 
 Dried apples 25 
 
 Beets 60 
 
 Small white beans 60 
 
 Soy beans (glycine hispida) 58 
 
 Barley 48 
 
 Bran 20 
 
 Buckwheat 48 
 
 Indian corn 56 
 
 Corn meal 50 
 
 Cracked corn 50 
 
 Cranberries 32 
 
 Carrots 50 
 
 Clover seed 60 
 
 Flaxseed 56 
 
 Herds grass or timothy seed 45 
 
 Japanese barnyard millett (P. 
 
 crusgalli) 35 
 
 Lime 70 
 
 Oats 32 
 
 Onions 52 
 
 Pears 58 
 
 Peaches 48 
 
 I. Bushel by weight: Except where the parties shall expressly 
 agree to sale by some other standard than by weight, a bushel shall 
 contain the number of pounds hereinafter set forth : 1 
 
 Pounds per 
 bushel 
 
 Dried peaches 33 
 
 Peas 60 
 
 Parsnips 45 
 
 Roasted peanuts 20 
 
 Green peanuts 22 
 
 Irish potatoes 60 
 
 Sweet potatoes 54 
 
 Quinces 48 
 
 Rye 56 
 
 Rye meal 50 
 
 Coarse salt 70 
 
 Fine salt 50 
 
 Shorts 20 
 
 Tomatoes 56 
 
 Turnips 55 
 
 Wheat 60 
 
 String beans 24 
 
 Unshelled green peas 28 
 
 Beet greens 12 
 
 Dandelions 12 
 
 Parsley 8 
 
 Spinach 12 
 
 and for fractional parts of a bushel like fractional parts of the above 
 weights shall be required. 
 
 II. Dry measure : All fruits, nuts and vegetables, if sold by meas- 
 ure, shall be sold by dry measure, United States standard. 
 
 III. Heaping measures: Commodities, the individual units of 
 which are determined by the commissioner as large in size, shall be 
 measured by heaping measures ; that is : The measure shall be heaped 
 up in the form of a cone, the outside rim of the measure to be the 
 base of the cone and the cone to be as high as the commodity will 
 admit; other commodities shall be measured by struck or level 
 measure. 
 
 IV. Baskets: Baskets or other receptacles holding one quart or 
 less, which are used in the sale of berries, cherries or currants, shall 
 be of the capacity of one quart, one pint, or half -pint, United States 
 standard dry measure. Said baskets or other receptacles shall not 
 be required to be tested and sealed, but any sealer or health officer 
 may test the capacity of any baskets or other receptacle in which 
 such fruit is sold or intended to be sold; and if the same is found 
 to contain less than the standard measure, or if the quantity of such 
 fruit is otherwise less than as herein provided, he shall seize the same 
 and make complaint against the vendor. 
 
 Sec. 27 (al919). Posting notice. — The proprietor of any place 
 where articles namd in paragraph IV of the preceding section are 
 sold or kept for sale shall post conspicuously, in a place ordered by 
 the commissioner and where patrons may easily read the same, a 
 printed notice to be furnished by the commissioner, containing said 
 paragraph and such other information as the commissioner may 
 direct. 
 
 1 A slight change has been made in the arrangement of these weights for convenience 
 of reference. 
 
NEW HAMPSHIBE 515 
 
 Sec. 28. Penalty. — Whoever sells or offers for sale, or has in posses- 
 sion with intent to sell, any such fruit in any receptacle holding 
 one quart or less which does not conform to said standard, or, con- 
 forming thereto, is not at least level measure, or fails to keep posted 
 the notice hereinbefore provided, shall be punished as provided in 
 section 23. 
 
 Sec. 29. Packages. — It shall be unlawful for any person to sell or 
 offer for sale any commodity in package form unless the contents 
 thereof is expressed in terms of net weight, measure or numerical 
 count in a conspicuous place on the outside of the package, in a, 
 plainly printed statement in large type. Reasonable variations or 
 tolerances shall be permitted, and these variations or tolerances as 
 provided in section 41 and also exemptions as to small packages 
 shall be established by rules and regulations made by the com- 
 missioner. 
 
 Sec. 30 (1917). Penalty. — Any person violating the preceding sec- 
 tion shall be fined not less than twenty nor more than two hundred 
 dollars. 
 
 Sec. 31 (al919). Sale of coal. — It shall be unlawful to sell or offer 
 to sell in the State any coal or coke in any other manner than by 
 weight, except by agreement of the parties to the contrarjr. 
 
 Sec. 32. Coal, certificate of weight. — Except as provided in the pre- 
 ceding section no person shall sell or deliver any coal or coke with- 
 out such delivery being accompanied by a certificate of weight dis- 
 tinctly expressing in ink or other indelible substance the gross weight 
 of the load, the tare of the delivery vehicle, the net weight of the 
 coal or coke contained in the vehicle used in such delivery, the name 
 of the dealer from whom purchased, the name of the party to whom 
 it is to be delivered, the name of the weigher, the name of the driver 
 and the date of weighing. 
 
 Sec. 33. Coal, duplicate of weight. — Said certificate shall be made in 
 duplicate by the weigher at the time and place of weighing. One 
 copy shall be given to the purchaser or his agent or representative 
 at the time of delivery of the fuel, or shall be surrendered to the 
 inspector or sealer of weights and measures upon his demand for 
 inspection, whereupon the inspector or sealer shall issue in exchange 
 his certificate of weighing, which shall be delivered to the purchaser, 
 his agent or representative at the time of delivery of the fuel. 
 
 Sec. 34. Delivery at yard. — When the buyer takes the coal or coke 
 at the dealer's place of business a certificate showing the actual num- 
 ber of pounds delivered to the purchaser must be given to him at 
 the time the sale is made. 
 
 Sec. 35 (1919). Sale of wood. — It shall be unlawful to sell or offer to 
 sell in this State any wood for fuel purposes, except standing trees, 
 wood not exceeding sixteen inches in length, edgings, bobbin wood, 
 clippings, slabs and other waste, in any other manner than by the 
 cord or fraction thereof, unless the parties to the transaction other- 
 wise agree; but no person, firm or corporation dealing in wood, or 
 having or offering wood for sale, shall refuse to sell it by the herein- 
 after defined load or fractional part thereof, or by the cord or frac- 
 tional part thereof. 
 
516 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 36. Cord, load. — No cord of any length wood shall contain less 
 than the equivalent of 128 cubic feet of compactly piled wood. Wood 
 not exceeding sixteen inches in length, edgings, bobbin wood, clip- 
 pings, slabs and other waste may be sold by the load in the loose; 
 provided, that a load shall contain 80 cubic feet, three quarters of a 
 load 60 cubic feet, one half of a load 40 cubic feet, and one quarter 
 of a load 20 cubic feet. No wood shall be sold by the load in any 
 other dimensions. 
 
 Sec. 37. By baskets. — Wood not exceeding twelve inches in length, 
 edgings, bobbin wood, clippings, slabs and other waste may be sold 
 by the bushel: Provided, That the baskets or similar receptacles 
 used shall be of one bushel or multiple thereof, New Hampshire 
 standard dry measure, and shall be filled at least level full when well 
 shaken. 
 
 Sec. 33. Vehicles, markings. — Whoever sells or offers for sale such 
 wood by the load in the loose, shall specify upon the outside of the 
 delivery vehicle the cubic contents thereof, in figures at least one 
 inch high. 
 
 Sec. 39 (al919). Inspecting. — The commissioner shall require the 
 inspectors and sealers to measure the cart bodies or containers used 
 in the delivery of wood by the standard load, to see if they contain 
 the contents specified. 
 
 Sec. 40 (1917). Sale of bread. — It shall be unlawful for any person 
 to make for sale, sell, offer to sell or procure to be sold any bread 
 unless each loaf is enclosed in a wrapper plainly showing its weight 
 and the name of the manufacturer thereof, the size of stamp and type 
 used to be specified by the commissioner. 
 
 Sec. 41. Specifications. — The commissioner shall, after consultation 
 with and with the advice of the National Bureau of Standards, 
 establish specifications and tolerances for weights and measures and 
 weighing and measuring devices, and said specifications and toler- 
 ances shall be legal specifications and tolerances in this State, and 
 shall be observed in all inspections and tests. 
 
 Sec. 42. Hawkers, etc. — No license shall be issued to any hawker, 
 peddler or itinerant vendor unless he presents a certificate from the 
 sealer of weights and measures, showing that the weights or measures 
 used by him have been properly inspected, tested and sealed immedi- 
 ately preceding the issuance of such license. Upon conviction of any 
 hawker, peddler or itinerant vendor of any violation of the provi- 
 sions of this chapter, such license shall be revoked. 
 
 Sec. 43 (al919). Disposal of finen. — The justice or judge of any court, 
 before whom a complaint for vitiation of this chapter is prosecuted, 
 shall, within sixty days after any fine is paid, remit the amount 
 thereof to the State treasurer. 
 
 Public Laws, 1926, Vol. 1, ch. 165, p. 628. 
 
 Sec. 1 (1917). Standard barrels; boxes.— The standard barrel made 
 of wood for apples shall be of the following dimensions when meas- 
 ured without the distention of its parts: Length of stave, 28y 2 
 inches; diameter of head, 17% inches; distance between heads, 26 
 inches; circumference of bulge outside measurements, not less than 
 64 inches, representing as nearly as possible 7,056 cubic inches. A 
 
NEW HAMPSHIRE 517 
 
 barrel made of any other material must contain not less than 7,056 
 cubic inches. The standard box for apples shall be of the following 
 dimensions: Inside measurements, 18 inches x 11% inches x 10y 2 
 inches without any distention of parts, representing as nearly as pos- 
 sible 2,174 cubic inches. 
 
 Sec. 4 (al925). Size or count. — The minimum size or numerical 
 count of the fruit in all grades, including the unclassified, shall be 
 marked upon the package and may be designated by figures instead 
 of words. The minimum size shall be determined by taking the 
 transverse diameter of the smallest fruit in the package at right 
 angles to the stem and blossom end, and shall be stated in variations 
 of one-quarter of an inch, such as two inches, two and one-quarter 
 inches, and so on, in accordance with the facts. The word " mini- 
 mum " may be designated by using the abbreviation " min." 
 
 Sec. 5 (1917). Closed package. — A package whose contents can not 
 be seen or inspected shall be deemed a closed package. Every such 
 package of apples which is packed, sold, distributed, offered or ex- 
 posed for sale, within or without the State, by any person, shall have 
 marked in a conspicuous place on the outside thereof in plain letters 
 a statement clearly and truly stating the quantity of the contents, 
 the name and address of the packer, or the person by whose authority 
 the apples were packed, and shall be marked with the true name of 
 the variety, the grade and the minimum size of the apples contained 
 therein and the name of State where grown. * * * 
 
 Sec. 7. Marking. — Barrels shall be marked or branded as pre- 
 scribed herein in block letters and figures of size not less than thirty- 
 six point Gothic. The commissioner of agriculture shall prescribe 
 rules and regulations consistent herewith relative to branding other 
 closed packages. 
 
 Public laws, 1926, Vol. 1, ch. 47, p. 203. 
 
 Sec. 36 (al879). Other town officers, choice. — Any town, at the an- 
 nual meeting, may choose, by major vote, one or more * * * 
 measurers of wood and bark, surveyors of lumber, cullers of staves 
 * * *, and such other officers as it may judge necessary for man- 
 aging its affairs, who shall severally perform the duties prescribed 
 by law. 
 
 Public Laws, 1926, Vol. 1, ch. 54, p. 223. 
 
 Sec. 12 (al923). By-laws; ordinances; markets; sales. — The city 
 councils shall have power to make all such salutary and needful 
 by-laws as towns and the police officers of towns and engineers or fire 
 wards by law have power to make, and to annex penalties, not exceed- 
 ing twenty dollars, for the breach thereof ; and may make, establish, 
 publish, alter, modify, amend and repeal ordinances, rules, regula- 
 tions and by-laws for the following purposes: 
 
 XL To establish markets and market places; regulate the place 
 and manner of selling and weighing hay, selling pickled and other 
 fish, and salted and fresh provisions; selling and measuring wood, 
 lime, coal and other heavy articles; and to appoint suitable persons 
 to superintend and conduct the same; to prevent and punish fore- 
 stalling and regrating; and to restrain every kind of fraudulent 
 device and practice. 
 
518 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Public Laws, 1926, Vol. 1, ch. 139, p. 514. 
 
 Sec. 7 (al913). Foods. — Foods shall also be deemed to be mis- 
 branded in the following cases: * * * 
 
 III. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package 
 in terms of weight, measure or numerical count: Provided, That 
 reasonable A'ariations shall be permitted, and tolerances and also 
 exemptions as to small packages shall be established, by rules and 
 regulations made in accordance with the provisions of section 12. 
 
 Public laws, 1926, Vol. 1, ch. 162, p. 602. 
 
 Sec. 11 (1923). Sale and shipment of farm produce in standard boxes 
 authorized; size of boxes prescribed. — Farm produce may be sold in, 
 or shipped from, New Hampshire at either wholesale or retail in 
 standard boxes, in original or unbroken form, and such standard 
 boxes shall contain two thousand one hundred sixty-two and eighty- 
 nine one-hundredths cubic inches and shall be of the following di- 
 mensions by inside measurements: seventeen and one-half inches in 
 length by seventeen and one-half inches in width and seven and 
 one-sixteenth inches in depth. The New Hampshire standard half- 
 box for farm produce shall contain one thousand eighty-one and 
 fifty-five one-hundredths cubic inches, and shall be of the following 
 dimensions by inside measurements : Twelve and three-eighths 
 inches in length by twelve and three-eighths inches in width and 
 seven and one-sixteenth inches in depth. When the above specified 
 boxes are made of wood the ends shall be not less than five-eighths 
 of an inch, and the sides and bottom not less than three-eighths 
 of an inch in thickness. All such boxes and half boxes of the di- 
 mensions specified herein shall be marked on at least one outer 
 side in bold, uncondensed capital letters, not less than one inch in 
 height : " Standard Box Farm Produce " and " Standard Half Box 
 Farm Produce," respectively. Except as above provided, farm pro- 
 duce shall be sold at wholesale or retail by avoirdupois weight, 
 measure or numerical count. 
 
 Sec. 12. Falsely representing box to be standard box, how punished. — 
 Whoever represents, by marking or otherwise, any box or half -box 
 to be a standard box or standard half-box for the sale of farm 
 produce, unless it conforms to the foregoing requirements, shall be 
 fined not more than fifty dollars. 
 
 Sec. 13. Commissioner of weights and measures to enforce act. — The 
 commissioner and inspectors of weights and measures shall enforce 
 the provisions of this subdivision. 
 
 Sec. 16 (1873). Cord wood, how measured. — All cord wood exposed 
 for sale shall be either four feet, three feet or two feet long, includ- 
 ing half the kerf, and, being well and closely laid together, a quan- 
 tity measuring eight feet in length, four in width and four in height 
 shall constitute a cord. 
 
 Sec. 17 (1883). Measurers of wood and bark; duties and fees. — It 
 shall be the duty of measurers of wood and bark to measure any wood 
 or bark whenever requested, and to give a certificate thereof; and 
 they shall be paid for the service, by the party requesting the same, 
 forty cents for each hour or fractional part of an hour necessarily 
 spent by them, when the quantity to be measured exceeds twenty 
 cords, and four cents a cord when it is twenty cords or less. 
 
NEW HAMPSHIRE 519 
 
 Sec. 18. Refusing or neglecting; penalty. — If any measurer, upon 
 tender of his fees, shall unreasonably neglect or refuse to measure 
 or certify any wood or bark brought to him for that purpose, or 
 shall give any false certificate, he shall for each offense forfeit five 
 dollars. 
 
 Sec. 19 (1870). Contracts for purchase and sale of cotton, how con- 
 structed. — All contracts for sale and purchase of raw or unmanu- 
 factured cotton, made within this State, shall be taken and deemed 
 to be contracts for sale and purchase at actual weights, exclusive 
 of the weight of bagging, rope, iron ties or straps, or any other 
 material in which the cotton may be packed. 
 
 Sec. 20. Marking of bales. — Where there is no special agreement as 
 to the amount of tare to be allowed on 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. 
 
 Sec. 21. Tare, how ascertained. — For the purpose of ascertaining the 
 weight of the packing material upon cotton, according to the pro- 
 visions of this subdivision, and in the absence of a special agreement 
 as to tare, it shall be lawful to weigh by sample; but there shall be 
 an actual weighing of the packing materials of at least one bale 
 in ten of each lot, after the same shall have been stripped or removed 
 from the bale. 
 
 Sec. 39 (1907). Ice to be weighed on delivery; penalty. — A dealer in 
 ice who, on request of the purchaser, refuses or neglects to weigh the 
 same when delivered, or gives a false weight, shall be fined not more 
 than fifty dollars. 
 
 Sec. 40. Employee. — Whoever, having charge of the delivery of ice 
 from a wagon, not being a dealer in ice, refuses to weigh the same 
 on the request of the purchaser when it is delivered, or gives a false 
 weight, shall be fined not more than ten dollars. 
 
 Sec. 41 (1923). Coal standards. — The public service commission shall 
 fix reasonable standards with respect to the amount of bone, slate or 
 other foreign substances which may be contained in anthracite coal 
 sold as standard coal within this State. Such standards shall be set 
 forth in an order or orders, and shall take effect at such time as 
 shall be stated therein and remain in force until modified by the com- 
 mission. In fixing such standards due regard shall be had for the 
 custom of the trade as carried on by reputable dealers, and the 
 orders of the commission shall be designed to protect the public from 
 imposition. 
 
 Sec. 42. Sales. — No person shall sell or offer for sale any anthra- 
 cite coal which does not comply with the standards fixed in accord- 
 ance with section 41 without first notifying the purchaser of the 
 character and quality of the coal sold or offered for sale, and that 
 the same does not comply with such standards. 
 
 Public Laws, 1926, Vol. 1, ch. 163, p. 613. 
 
 Sec. 11 (1901). Milk inspectors to secure certificates of competency. — 
 Everjr milk_ inspector in any city or town in this State, or whoever, 
 either for himself or in the employ of another, manipulates the Bab- 
 cock test or any other test, whether mechanical or chemical, for the 
 
520 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 purpose of measuring the contents of butter fat or solids in milk 
 or cream as a basis for apportioning the value of such milk or 
 cream, or the butter or cheese made from the same, shall, except as 
 provided in section 70, procure from the superintendent of the dairy- 
 department of the New Hampshire College of Agriculture and the 
 Mechanic Arts, a certificate showing that the holder is competent 
 and well qualified to perform such work. The fee for issuing such 
 certificate shall in no case exceed one dollar, the same to be paid by 
 the applicant to said superintendent, and to be used by the superin- 
 tendent in meeting the expense incurred by him under this section. 
 
 Sec. 12. Instruments to be tested.— Every instrument or piece of 
 glassware used for testing or measuring milk or cream, at any cream- 
 ery, butter factory, cheese factory or condensed milk factory in 
 determining the value of milk or cream received from different 
 persons, or by any milk inspectors in any city or town in this State, 
 shall be tested for accuracy of measurement, and for the accuracy 
 of the per cent scale marked thereon, by said superintendent or by 
 some competent person designated by him. The superintendent or 
 person thus designated shall mark such instruments or glassware 
 with such marks or characters as cannot be erased, which marks 
 or characters shall stand as proof that they have been so tested, and 
 no incorrect instruments or glassware shall be thus marked. The 
 superintendent shall receive for such service the actual cost incurred 
 and no more, the same to be paid by the person for whom the test 
 is made. 
 
 Sec. 13. Record of certificates and tests. — He shall keep a record of 
 all persons to whom certificates are issued, with the dates thereof, 
 and of the number and description of all instruments and pieces 
 of glassware inspected and marked, and for whom each was in- 
 spected. 
 
 Sec. 14. Milk testing regulations. — Any person who tests milk or 
 cream contrary to the provisions of this subdivision, or who tests 
 milk or cream to determine or apportion its value with appliances 
 that have not been inspected and marked by the authorities herein 
 named, shall be fined not less than five dollars for each week that 
 he serves or that such unmarked and untested appliances are used. 
 
 Sec. 27 (al869). Measure of milk. — Milk shall be bought and sold 
 by wine measure, the standard for which shall be two hundred and 
 thirty-one cubic inches to the gallon, and for subdivisions of the 
 gallon in the same proportion. 
 
 Sec. 28. Measures for milk to be tried and proved by standard of wine 
 measure. — All measures or vessels used in the sale of milk shall be 
 tried and proved by the standard of wine measure, and the quantity 
 they hold agreeably to such standard shall be marked thereon. Any 
 person selling any milk by any other than measures so tried, sealed, 
 and marked, shall be fined ten dollars. 
 
 Sec. 29 (al873). Milk cans to be sealed and marked annually. — All 
 milk cans used by persons engaged in the business of purchasing 
 milk at wholesale, shall be sealed annually by the sealer of weights 
 and measures in the city or town where the purchaser resides; and 
 no milk can shall be sealed which does not contain one or more 
 quarts, and the capacity of the can shall be legibly marked upon 
 it by the sealer. 
 
NEW HAMPSHIRE 521 
 
 Sec. 30 (1873). Capacity. — When milk is purchased by the can, 
 such can shall hold eight quarts of milk and no more. 
 
 Sec. 31. Penalty. — Any person violating the provisions of the two 
 preceding sections shall be fined not more than fifty dollars. 
 
 Sec. 57 (1925). Testing samples. — The commissioner, or his deputy, 
 may enter upon the premises of a receiving station and upon any 
 place where milk or cream is received for transportation, and take 
 samples drawn for the purpose of testing butter fat content or the 
 various constituents of milk or cream, which is on the premises or 
 in the possession of an employee, or may take samples from vendors' 
 deliveries for the purpose of testing the same. 
 
 Sec. 63. Inspection cf apparatus. — The commisisoner or his deputy 
 may enter the premises of any receiving station and may inspect 
 or test all apparatus and materials used in weighing or making 
 tests of the product received, for the purpose of determining the 
 accuracy of the same, and may order any apparatus to be repaired, 
 or may condemn the same or any part thereof, or any materials used 
 in making tests. 
 
 Sec. 64. Rules. — The commissioner may give such instruction and 
 make such regulations concerning the taking of samples of milk and 
 cream, making the butter fat test and computing the results thereof, 
 as he deems proper. 
 
 Sec. 70. Testers' licenses. — Any person who manipulates the Bab- 
 cock test or any other mechanical or chemical test, for the purpose 
 of measuring the percentage of butter fat or solids in milk or cream 
 as a basis for paying for product purchased by a receiving station, 
 shall procure from the commissioner a license showing that the 
 holder is competent and qualified to perform such work, the com- 
 petency and qualification of such testers to be determined by exami- 
 nation by the State dairy inspector. 
 
 Public laws, 1926, Vol. 1, ch. 167, p. 654. 
 
 Sec. 1 (1901). Duties of surveyors of lumber. — Surveyors of lumber 
 shall survey all plank, boards, spars, slit work, shingles, clapboards 
 and timber previous to the sale thereof, and shall measure the same 
 if necessary, having due consideration for drying and shrinking, 
 making reasonable allowance for rot, knots and splits. They shall 
 mark the same anew according to the just contents thereof, if re- 
 quested by the seller or purchaser, and give a certificate of the 
 quantity and sorts, if required, on payment therefor. 
 
 Sec. 3. Standard thickness of plank. — The standard of thickness of 
 merchantable plank shall be two inches, and when any plank of a 
 different thickness shall be purchased it shall be admeasured and 
 calculated by that standard. 
 
 Sec. 4. Ship timber, how measured. — All round ship timber shall be 
 measured according to the following rule : A stick of timber sixteen 
 inches in diameter and twelve inches in length shall constitute one 
 cubic foot, and in the same ratio for any other size and quantity; 
 forty feet shall constitute one ton. 
 
 Sec. 5. Timber by thousand, how measured. — All round timber, the 
 quantity of which is estimated by the thousand, shall be measured 
 according to the following rule : A stick of timber sixteen inches in 
 diameter and twelve inches in length shall constitute one cubic 
 
522 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 foot, and the same ratio shall apply to any other size and quantity. 
 Each cubic foot shall constitute ten feet of a thousand. 
 
 Sec. 6. Measuring round timber. — Any person measuring round 
 timber, the quantity of which is estimated by the thousand, shall 
 mark upon each log surveyed by him the contents thereof, unless 
 it is otherwise agreed by the parties contracting. 
 
 Sec. 7. Shingles, sizes of. — All shingles offered for sale in this State 
 shall be straight, four inches wide, free from shakes and worm holes ; 
 shall be split or sawed in a longitudinal direction crosswise the grain, 
 and shall be designated and known according to their quality as 
 No. 1, No. 2, No. 3, or refuse. 
 
 Shaved shingles No. 1 shall be eighteen inches long, seven-six- 
 teenths of an inch thick at the butt end, shall be free from knots 
 and sap, and shall be breasted. 
 
 No. 2 shall be at least seventeen inches long, three-eighths of 
 an inch thick at the butt end, and clear of knots and sap. 
 
 No. 3 shall be at least fifteen inches long, and three-eighths of an 
 inch thick at the butt end * * * 
 
 Sec. 8. Admeasurement; number in bundle. — No shingles shall pass 
 inspection unless so packed as to contain by admeasurement one 
 quarter of a thousand in each round bunch, and either one thousand 
 or one half or one quarter of a thousand in each square bunch. Each 
 bunch or bundle shall be branded upon the butt, No. 1 No. 2 No. 3 
 refuse or O, according to the quality ; and also with the abbreviation 
 N. H., which brand last mentioned shall be furnished by the town. 
 
 Sec. 10. Staves, hoops, etc., sizes of; pipe staves; hogshead staves; 
 barrel staves; white oak staves; red oak staves; splitting; shooks; head- 
 ings; hoops; counted by decimal hundred. — All white oak butt staves 
 shall be at least five feet in length, five inches wide, and one inch 
 and a quarter thick on the heart or thinnest edge and every part 
 thereof. 
 
 All white oak hogshead staA^es shall be at least forty- two inches 
 long, four inches broad in the narrowest part and not less than one 
 inch thick on the heart or thinnest edge. 2 
 
 All white oak hogshead staves shall be at least forty-two inches 
 long, and not less than three-quarters of an inch thick on the heart 
 or thinnest edge. 
 
 All white oak barrel staves for foreign market shall be 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 none less than three inches in 
 breadth in the narrowest part, and those of the last breadth shall 
 be clear of sap. 
 
 All red oak hogshead and barrel staves shall be of the same length, 
 width and thickness with the white oak hogshead and barrel staves 
 aforesaid. 
 
 All staves shall be well and proportionately split. 
 
 2 This paragraph has apparently been changed unintentionally. It read as follows in 
 the former compilation of laws entitled, Public Statutes and Session Laws, in force 
 January 1, 1901 : " All white oak pipe staves shall be at least four feet eight inches 
 long, four inches broad in the narrowest part, and not less than one inch thick on the 
 heart or thinnest edge." 
 
NEW HAMPSHIRE 523 
 
 All shooks shall be forty inches long, and not less than two and 
 a half inches wide at the ends, and full half an inch thick when 
 dressed. 
 
 All white oak hogshead heading shall be one inch thick, thirty 
 inches long, and not more than five pieces to one head. 
 
 All hogshead hoops shall be made of white oak, brown ash or 
 walnut, of good and sufficient substance, well shaved and either 
 ten, twelve, or fourteen feet in length; the oak and ash hoops shall 
 not be less than one inch broad, and the walnut hoops not less than 
 three-quarters of an inch broad; all hoops of ten, twelve, and 
 fourteen feet respectively shall be made up in distinct bundles 
 by themselves containing twenty-five hoops each; and each bundle 
 intended for exportation shall be branded on the band thereof with 
 the brand of the town whence exported. 
 
 All hoops and staves shall hereafter be counted and sold by the 
 decimal hundred. 
 
 Public Laws, 1926, Vol. 1, ch. 184, p. 712. 
 
 Sec. 1 (al915). Feeding stuff to bear statement of weight. — Every 
 person who shall sell, offer, or expose for sale or for distribution in 
 this State any concentrated commercial feeding-stuff used for feed- 
 ing farm livestock shall furnish with each car or other quantity 
 shipped in bulk, and shall affix to every package of such feeding 
 stuff, in a conspicuous place on the outside thereof, a plainly printed 
 statement clearly and truly certifying the number of net pounds in 
 the package sold or offered for sale, the name or trade-mark under 
 which the article is sold, the name of the manufacturer or shipper, 
 the place of manufacture, the place of business, * * * 
 
 Sec. 2. When sold at retail; certificates. — Whenever any feeding- 
 stuff is sold at retail in bulk, or in containers belonging to the pur- 
 chaser, the agent or dealer, upon request of the purchaser, shall fur- 
 nish to him the certified statement named in preceding section. 
 
 Sec. 13 (1923). Vendors of corn or other foods for livestock shall fur- 
 nish printed statement showing net weight, when. — Every person who 
 shall sell, offer, or expose for sale in this State any corn, whole, 
 ground or cracked, oats, rye, barley, wheat or buckwheat, used for 
 feeding livestock or poultry, shall furnish with each car or other 
 quantity shipped in bulk a plainly printed statement showing net 
 weight and grade, as hereafter provided, and shall affix to each bag 
 of grain a plainly printed statement or tag, showing the grade of 
 goods and net weight contained therein, and the name and address 
 of the dealer selling the same if the grain be below the following 
 standards: Below No. 1 for clipped oats; below No. 2 for natural 
 oats, rye, barley or buckwheat. 
 
 Public Laws, 1926, Vol. 1, ch. 185, p. 715. 
 
 Sec. 1 (1915). Fungicides and insecticides; labeling. — Every lot or 
 package of fungicide or insecticide which is manufactured, sold, dis- 
 tributed, or offered or exposed for sale in this State shall have affixed 
 in a conspicuous place on the outside thereof a plainly printed state- 
 ment clearly and truly stating the net weight in the package or 
 container, the name or trade-mark under which the article is sold, 
 
524 LAWS CONCERNING "WEIGHTS AND MEASURES 
 
 the name and address of the manufacturer or shipper, the place of 
 manufacture, * * *. 
 
 Public Laws, 1926, Vol. 1, ch. 186, p. 718. 
 
 Sec. 1 (1901). Packages, how to be marked. — Every lot or parcel of 
 commercial fertilizer or fertilizer material sold or offered or exposed 
 for sale within this State shall be accompanied by a plainly printed 
 statement, clearly and truly certifying the number of net pounds of 
 fertilizer in the package, the name, brand or trade-mark under which 
 the fertilizer is sold, the name and address of the manufacturer or 
 importer, the location of the factory, * * * 
 
 Public Laws, 1926, Vol. 1, cb. 42, p. 179. 
 
 Sec. 76 (1923). Standard time defined; establishment of other systems 
 of time by municipality unlawful. — The standard time within the 
 State shall be based on the mean astronomical time of the seventy- 
 fifth degree of longitude west from Greenwich, known and desig- 
 nated by the Federal statute as "United States standard eastern 
 time." It shall be unlawful for any town or other municipality to 
 vote for, or otherwise establish, any other system of time. Any 
 violation of the provisions of this act shall be punishable by a fine 
 of not more than $500. 
 
NEW JERSEY 
 
 SuppL, 1911-1915, to Comp. Stats., 1910, p. 1624. 
 
 Sec. 1. (1911). Weights and measures defined; superintendent; assist- 
 ant. — The words " weight and measure " or " weights and measures " 
 as used in this act shall be deemed to mean and to include any 
 weight, measure, scale beam, patent balance, spring scale, steelyard, 
 tape, counter measure, receptacle of any kind, or any other instru- 
 ment or apparatus and accessories connected therewith used in 
 weighing or measuring any commodity, fluid, or article of mer- 
 chandise. 
 
 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 superin- 
 tendent of weights and measures. 
 
 Sec. 2. Standards. — The standards of weights and measures in this 
 State shall be those recognized or furnished by the United States. 
 
 Sec. 4. Standard ton. — The standard gross ton shall consist of two 
 thousand two hundred and forty (2,240) pounds. The standard 
 net ton shall consist of two thousand (2,000) pounds. 
 
 Sec. 5 (al914). Dimensions of cranberry barrel. — The standard 
 barrel x to be used for buying or selling cranberries in this State, or 
 for transporting the same outside of this State shall be of the 
 following size when measured without distention of its parts, to wit : 
 Head, sixteen and one-quarter (16^) inches diameter; staves 
 twenty-eight and one-half (28y 2 ) inches long; and not more than 
 four-tenths (^) of an inch thick; bilge, fifty-eight and one-half 
 (58y 2 ) inches outside circumference; distance between heads, 
 twenty-five and one-quarter (25%) inches. Such barrels shall be 
 branded or stenciled in a durable manner " standard." 
 
 Sec. 6 (1911). Cranberry bushel and crates. — The standard measure 
 for a bushel * of cranberries shall be thirty-two (32) quarts, rounded 
 measure; that crates (or boxes) to be used for buying or selling 
 cranberries in this State or for transporting the same outside of 
 this State shall be of the following size, to wit: Twenty -two (22) 
 inches in length, twelve (12) inches in depth and seven and one- 
 half (7y 2 ) inches in width inside clear measure. 
 
 Sec. 7. Use of liquid measures. — No person shall use a liquid measure 
 in the purchase or sale of other than liquid commodities. 
 
 Sec. 8. Coal and grain sold by weight; proviso; delivery tickets; pro- 
 visos. — All grain, coal, coke or charcoal, regardless of quantity, shall 
 be sold by weight. No person, firm or corporation shall deliver 
 or cause to be delivered any grain or coal in amounts exceeding 
 one hundred pounds without each sale or delivery being accom- 
 panied by a delivery ticket and duplicate thereof: Provided, That 
 
 1 See footnote, p. 20, relative to Federal standard barrel. 
 
 525 
 
526 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 there shall be a delivery ticket and duplicate thereof delivered with 
 each load of grain or coal sold and delivered. On both tickets there 
 shall be distinctly and indelibly expressed, in ink or otherwise, the 
 quantity or quantities in pounds of grain or coal, coke or charcoal 
 contained in the cart, wagon or other vehicle used in such delivery, 
 the name of the purchaser thereof, and the name of the dealer from 
 whom purchased. One of such tickets shall be delivered to the 
 person receiving such coal, and the other ticket shall be retained 
 by the seller of the grain or coal : Provided, however, That the 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 designation [destina- 
 tion] , and accepted by the purchaser on the original bill of lading or 
 invoice as proof of weight : Provided furtJier, Grain, coal, coke, or 
 charcoal in quantities less than one hundred pounds may be sold by 
 the standard dry measure. 2 
 
 Sec. 8a (1912). Capacity of bottles for milk and cream; variations per- 
 missible; vessels marked; designating number. — Bottles used for the 
 sale of milk and cream shall be of the capacity of half -gallon, three 
 pints, one quart, one pint, half-pint and one gill, filled full to the 
 bottom of the cap ring or stopple. The following variations on 
 individual bottles or jars may be allowed: Six drams above and six 
 drams below on the half -gallon; five drams above and five drams 
 below on the three pints; four drams above and 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 perma- 
 nently marked, in the sides or bottom of the bottle the name, 
 initials or trade-mark of the manufacturer and a designating num- 
 ber, which designating number shall be different for each manu- 
 facturer and may be used in identifying the bottles. The designat- 
 ing number shall be furnished by the State superintendent of 
 weights and measures upon application by the manufacturer, and a 
 record of the designating numbers and to whom furnished shall be 
 kept in the office of the superintendent of weights and measures. 
 
 Sec. 8b. Penalty for noncompliance; dealer's responsibility. — Any 
 manufacturer who sells milk and cream bottles to be used in this 
 State that do not comply as to size and marking with the provisions 
 of this act shall suffer a penalty of five hundred dollars, to be re- 
 covered in an action of debt to be brought by the State superintend- 
 ent of weights and measures, and the penalty, when recovered, shall 
 be paid into the treasury of this State. Any dealer who knowingly 
 uses for the purpose of selling milk or cream jars or bottles pur- 
 chased after this law takes effect that do not comply with this sec- 
 tion as to marking the capacity shall be guilty of a misdemeanor. 
 
 Sec. 8c (1914). Fruit, berries, and vegetables, containers for. — No per- 
 son shall sell or deliver, or have in possession with intent to sell or 
 deliver, any fruit or fruits, berries or vegetables, contained in any 
 basket, box or other container, unless such basket, box or other con- 
 tainer shall be of the capacity, in standard dry measure, of thirty- 
 
 2 So much of this law as relates to the use of dry measures for determining amounts or 
 quantities is repealed by Public Laws, 1924, ch. 59, infra. 
 
NEW JERSEY 527 
 
 two, twenty, sixteen, eight, four or two quarts, or one quart or one 
 pint: Provided, however, That nothing in this act contained shall 
 be construed to apply to the sale or delivery, or the possession, with 
 intent to sell or deliver, of any fruit or fruits, berries or vegetables 
 contained in any sealed can, jar or bottle, or which are sold by the 
 barrel, except cranberries, which may be sold in standard crates or 
 barrels, of the standard measure as provided by the act to which this 
 act is a further supplement. 
 
 Sec. 8d. Capacity of container plainly marked. — No person except as 
 hereinbefore provided shall sell or deliver or have in possession 
 with intent to sell or deliver, any fruit or fruits, berries or vege- 
 tables, contained in any basket, box or other container, unless such 
 basket, box or other container shall have legibly marked on the out- 
 side thereof, by the manufacturer thereof, in English letters or 
 Arabic numerals, the exact capacity of said basket, box or other con- 
 tainer, and unless said basket, box or other container shall also 
 contain the name and address of the manufacturer thereof, painted 
 or written thereon, legibly in the English language ; provided, how- 
 ever, that any manufacturer of any such baskets, boxes or other 
 containers may mark thereon, in lieu of his name and address, a 
 sign or symbol furnished him by the superintendent of weights 
 and measures of this State. 
 
 Sec. 8e. Penalty; collection of penalty. — Any person violating any 
 of the provisions of this act shall be liable to a penalty of not less 
 than five nor more than one hundred dollars for each offense. Such 
 penalty may be sued for and recovered by the State superintendent 
 of weights and measures or by the county or municipal superin- 
 tendent of weights and measures of the county or municipality in 
 which such violation occurred. The proceedings for the collection 
 of such penalty shall be in all respects the same as the proceedings 
 for the collection of penalties under and by virtue of the provisions 
 of the act to which this act is supplemental with the amendments 
 and supplements thereof, including any amendments and supple- 
 ments which may hereafter be passed or become effective. 
 
 Sec. 8f . " Person " defined. — The word " persons " as used herein, 
 shall include copartnerships and corporations. 
 
 Sec. 8g. Repeal. — An act entitled "A supplement to an act entitled 
 'An act to establish a uniform standard of weights and measures 
 in this State, to establish a department of weights and measures, 
 and to provide penalties for the use of other than standard or legal 
 weights and measures,' approved April twenty-fourth, nineteen hun- 
 dred and eleven," which said supplement was approved March 
 twelfth, nineteen hundred and thirteen, is hereby repealed. 
 
 Sec. 9 (1911). Superintendents and assistants; organization. — The de- 
 partment of weights and measures shall consist of a State 
 superintendent, of assistant State superintendents, of county super- 
 intendents 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 super- 
 intendent shall, before entering upon his duties, take an oath of 
 office, as provided by law. 
 517—26 34 
 
528 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 10, as amended by Laws, 1920, ch. 209, p. 404. Appointment of 
 State and county superintendents; municipal superintendents. — The gov- 
 ernor, by and with the advice and consent of the senate, shall appoint 
 a State superintendent for a term of five years. The governing bodies 
 of the respective counties shall designate the county superintendent. 
 The governing body of any municipality having a population of 
 sixty thousand or over shall by ordinance provide for the office of 
 municipal superintendent of weights and measures and shall desig- 
 nate the municipal superintendent. When such municipal body shall 
 have adopted such ordinance, and shall have designated such super- 
 intendent the clerk of such municipality shall file with the State 
 superintendent a certified copy of such ordinance and such designa- 
 tion, which shall be entered upon the records of the State super- 
 intendent. The governing body of any municipality, other than 
 municipalities above referred to, may by ordinance provide for the 
 office of municipal superintendent of weights and measures and may 
 designate the municipal superintendent. When such municipal body 
 shall have adopted such ordinance the clerk of such municipality 
 shall forthwith file with the State superintendent a certified copy, 
 and the person so designated shall forthwith be entered upon the 
 records of the State superintendent as the municipal superintendent 
 of weights and measures. Any person now holding office as a county 
 or municipal superintendent of weights and measures, and all per- 
 sons appointed as in this act provided, shall hold their said offices 
 under and by virtue of the provisions of an act entitled "A supple- 
 ment to an act entitled 'An act to establish a uniform standard of 
 weights and measures in this State, to establish a department of 
 weights and measures and to provide penalties for the use of other 
 than standard or legal weights and measures,' approved April twenty- 
 fourth, one thousand nine hundred and eleven," which said supple- 
 ment was approved March twenty-first, one thousand nine hundred 
 and twelve. 
 
 Sec. 11. Assistants; honorary superintendents. — The State superin- 
 tendent may appoint three assistant State superintendents. The 
 respective county and municipal superintendents may, upon resolu- 
 tion of the respective governing bodies of said counties or munici- 
 palities appoint assistant county or municipal superintendents. The 
 number of such superintendents and assistant superintendents for 
 such county or for such municipality shall be fixed by the governing 
 body of such county or such municipality. No other persons shall 
 be engaged within the State for compensation in the capacity of 
 superintendent, sealer or inspector of weights and measures; nor 
 shall any other person act in any official capacity as such superin- 
 tendent, sealer or inspector, provided that the State superintendent 
 may at his discretion temporarily appoint honorary or special super- 
 intendents with all the powers of the regular county or municipal 
 superintendents. Such honorary or special superintendents shall 
 serve without compensation. 
 
 Seu. 12, as amended by Laws, 1925, ch. 157, p. 397. Qualifications for 
 superintendents. — The State superintendent shall possess scientific and 
 technical knowledge of the construction and use of standards of 
 weights and measures. All county and municipal superintendents 
 and all assistant superintendents shall be persons of sufficient scien- 
 
NEW JERSEY 529 
 
 tific knowledge to properly inspect, examine and report on the tech- 
 nical condition of said standards. All county superintendents of 
 weights and measures now holding such positions, in counties which 
 have adopted the provisions of the civil service act, shall be placed 
 in the classified service thereof, and shall continue in such positions, 
 and all municipal superintendents of weights and measures, in mu- 
 nicipalities which have adopted the provisions of the civil service 
 act, shall continue in said positions, subject to the provisions of the 
 civil service law. 
 
 Sec. 12a, as amended by Laws, 1920, ch. 210, p. 406. Tenure of office of 
 superintendents and employees. — The county superintendents and mu- 
 nicipal superintendents of weights and measures appointed by the 
 governing body of the respective counties or the governing body of 
 any municipality or other governing bodies, and the secretaries and 
 assistant superintendents appointed by the respective governing 
 bodies or by the respective county or municipal superintendents of 
 weights and measures, upon resolution of said governing bodies, shall 
 hold their office during good behavior, and shall not be removed, 
 discharged or reduced in pay or position except for inefficiency, in- 
 capacity, conduct unbecoming an employe or other just cause, and 
 until the said officials shall have been furnished with the written 
 statements of the reasons for such removal, discharge or reduction, 
 and shall have been given a reasonable time to make written answer 
 thereto. Nor shall such removal, discharge or reduction be made 
 until the charge or charges shall have been examined into and found 
 true in fact by the governing board or body of such county or muni- 
 cipality appointing the said superintendent or superintendents, sec- 
 retaries or assistant superintendents at a hearing, upon reasonable 
 notice to the person charged, at which time he may be represented 
 by counsel and offer testimony of witnesses or any other evidence in 
 his own behalf. 
 
 Sec. 12b (1912). Clerical assistance. — The State superintendent of 
 weights and measures is hereby authorized to appoint not more than 
 two clerical assistants as he may deem necessary, the salary of such 
 clerical assistants to be paid out of the treasury of this State, in such 
 amounts as shall be fixed and determined upon by said State super- 
 intendent. The total amount for such services shall not exceed the 
 sum of two thousand and four hundred dollars in any one year. 
 
 Sec. 13, as amended by Laws, 1920, ch. 333, p. 595. Salaries of superin- 
 tendents and assistants. — The salary of the State superintendent of 
 weights and measures shall be forty-five hundred dollars per annum. 
 The salaries of the assistant State superintendents shall be fixed by 
 the State superintendent of weights and measures in accordance with 
 the schedules provided by the State civil service commission. The 
 salary of the county and assistant county and municipal and as- 
 sistant municipal superintendents shall be fixed by the governing 
 body of such county or municipality, as the case may be; such sal- 
 ary shall be paid in the manner and at the time now or hereafter 
 provided by law, but the salary of no county or assistant county or 
 municipal or assistant municipal superintendents, now in office, shall 
 be decreased or diminished during his incumbency of such office oi 
 position. 
 
 Sec. 13a (1912). Expenses of county superintendents. — In addition (o 
 the salary provided by law or by the governing bodies appointing a 
 
530 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 county superintendent of weights and measures, the said county 
 superintendents shall be entitled to have and receive the actual 
 expenses incurred by them personally in performing the duties of 
 their office, such as transportation, livery, telephone, telegraph and 
 postal charges, to be paid by the board of chosen freeholders of their 
 respective counties on bills itemized and properly sworn to. 
 
 Sec. 14 (1911). Authority of superintendents. — The State superin- 
 tendent and all assistant State superintendents, county and muni- 
 cipal superintendents and their assistants, shall have full power and 
 authority to weigh or have weighed grain, coal, or other commodi- 
 ties while in transit from the dealer therein to the purchaser thereof, 
 either at the request of the buyer or on the initiative of the super- 
 intendent or his assistant, either State, county, or municipal, and 
 it shall be the duty of the State superintendent to send his assistant 
 into any county of the State where county superintendent had not 
 been appointed, and said superintendent may send said assistant 
 into any county of the State, and the expenses of said assistant in- 
 spectors while making said tour of inspection shall be paid out of 
 the fund provided by law for the department of weights and 
 measures. 
 
 Sec. 15. Duties of superintendents of weights and measures; possession, 
 keeping, and certification of standards; supervising authority. — It shall 
 be the duty of each county and municipal superintendent to take 
 charge of all copies of the standards adopted by this act as the stand- 
 ards of the State, which shall be by order of the State superintendent 
 entrusted to his care as the official standard of such county or mu- 
 nicipality; and shall take all other precautions necessary for their 
 safe-keeping and for their maintenance in good order. The State 
 superintendent shall be the custodian of all standards now the prop- 
 erty 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 Stand- 
 ards for certification. He shall correct the standards of the several 
 counties and municipalities, and shall at least once in five years 
 compare the same with those in his possession. 
 
 The State superintendent shall have general supervision of the 
 administration of the provisions of this act; shall make such rules 
 for the administration of the affairs of his office and of the offices 
 of the county and municipal superintendents as may be necessary 
 for its proper enforcement. He shall have general supervision 
 over the work of the said county and municipal superintendents. 
 The assistant State superintendents shall be under the direct con- 
 trol of the State superintendent; the asssitant county and assistant 
 municipal superintendents shall be under the direct control of the 
 superintendent of their respective counties or municipalities, and 
 shall have all the powers and authority of a superintendent of 
 weights and measures in making inspections and measurements. 
 
 Sec. 16. Jurisdiction of county officers. — The jurisdiction of the 
 county superintendents of weights and measures and their as- 
 sistants shall extend throughout the county for which they were 
 appointed except there be appointed municipal superintendents as 
 above provided, in which case the jurisdiction of the county superin- 
 
NEW JEESEY 531 
 
 teridents will not extend to such municipalities. But nothing in 
 this act shall prevent any county or municipal superintendent or 
 assistant from making official inspections in any municipality in this 
 State upon the designation of the State superintendent. 
 
 Sec. 17, as amended by Laws, 1918, ch. 11, p. 68; tests; seal of correct- 
 ness; weights and measures tested and sealed annually. — Upon the re- 
 quest of any citizen, firm, corporation or other interested party 
 made to the State superintendent or any municipal or county super- 
 intendent, such superintendent shall cause test to be made of any 
 weights or measures; and if such weight or measure be found cor- 
 rect, or be made correct, such superintendent or assistant shall affix 
 thereto the seal of the department certifying to the correctness 
 thereof. 
 
 It is the purpose of this act that all the weights and measures used 
 in trade within this State shall be tested and sealed at least once in 
 each year; and it hereby becomes the duty of every county or mu- 
 nicipal superintendent to cause such inspection of the weights and 
 measures used within his jurisdiction to be made as heretofore 
 provided. 
 
 Sec. 18 (1911). Inspections and rules for sales; official badge. — When- 
 ever any weight or measure has been duly tested as herein provided 
 for, and has been found correct, the superintendent or assistant mak- 
 ing the test shall properly seal the same. If such weight or measure 
 shall not be found correct or it shall not be possible to make it cor- 
 rect, said weight or measure shall not be used, but shall be disposed 
 of as hereinafter provided. It shall be the duty of the State super- 
 intendent and his assistants to direct and assist the county and mu- 
 nicipal superintendents in making inspections, and such State super- 
 intendent may also make rules and regulations which shall govern 
 the sale of commodities. Every person so employed under any sec- 
 tion of this act shall devote all his time to the duties of the office. 
 Each superintendent and assistant superintendent shall be furnished 
 with a badge displaying his official number, and shall exhibit the 
 same when demanded at any time during the performance of his 
 duties. It shall be the duty of the State superintendent to design, 
 number, register and issue such badges. 
 
 Sec. 19, as amended by Laws, 1918, ch. 11, p. 68. Information sup- 
 plied; records; what to show; annual reports; annual tests in State de- 
 partments. — It shall also be the duty of the State superintendent to 
 disseminate such information to the citizens of this State as will 
 tend to protect them from the use of false weights and measures. 
 
 Every superintendent shall keep a complete record of all standards 
 examined by him, and every municipal and county superintendent 
 shall once in each month, not later than the fifth day thereof, send 
 to the State superintendent of weights and measures, upon blanks 
 furnished by said State superintendent, a report. 
 
 Such report shall contain : (1) The number of tests made since the 
 last preceding report; (2) the number of weights, measures and 
 balances found by such tests to be correct; (3) the number of 
 weights, measures and balances found by such tests to be false; (4) 
 the number of prosecutions instituted by such superintendents since 
 the last preceding report, together with the name and address of the 
 accused, the name of the court where proceedings were instituted, 
 
532 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and the result, of such prosecutions; (5) such other matters as the 
 State superintendent may from time to time prescribe. 
 
 Every municipal and county superintendent shall also make an 
 annual report in writing of his work to the State superintendent, 
 which annual report shall be duly subscribed and sworn to by such 
 superintendent making report and shall be forwarded to the State 
 superintendent within ten days after the last day of the State fiscal 
 year. Such annual report shall contain a transcript of the reports of 
 all inspections; and the State superintendent shall within thirty 
 days after the last day of the State fiscal year make a report to the 
 legislature, which shall contain, besides any recommendations or 
 suggestions deemed necessary or desirable, an abstract or digest of 
 the reports of the municipal and county superintendents. 
 
 The State superintendent or one of his assistants shall at least 
 once annually test 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 suc- 
 cessor in office of all such standards, balances and other apparatus. 
 
 Sec. 20 (1911). National standards procured; standards for counties 
 and inmiicipalities ; exclusive use of standards. — It shall be the duty of 
 the State superintendent to procure a set of standards properly certi- 
 fied by the National Bureau of Standards, which shall be paid for 
 out of the funds of the State. 
 
 It shall be the duty of the superintendent of each county or mu- 
 nicipality 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. 
 
 In no case shall said standards, whether furnished by the United 
 States or dxdy 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. 
 
 Sec. 21. Official seal; certificates of authority. — The State superin- 
 tendent shall provide a suitable official seal to be used by him during 
 his term of office and duly surrendered by him to his successor. 
 
 He 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. 
 
 Sec. 22. Inspection on request of owner ; deviation from standard ; notifi- 
 cation; correction. — Whenever any inspection of weights and meas- 
 ures has been made as hereinbefore provided upon the request of the 
 owner thereof, if any weights and measures so inspected shall be 
 found not to conform to the legal standard, the superintendent or 
 assistant superintendent shall notify such owner in writing that the 
 use of such weight or measure is illegal. Within fifteen days after 
 the serving of such notice the owner thereof shall have such weight 
 or measure corrected or substituted for another, and notify in writing 
 
NEW JERSEY 533 
 
 the superintendent of such county or municipality to that effect, or 
 shall deliver to such superintendent within said time the defective 
 weight or measure for confiscation ; and for his failure to so do, he 
 shall be liable to a fine of twei^-five dollars. 
 
 Sec. 23. Inspection; deviation; correction; confiscation; penalty. — 
 Upon the first official inspection of any weight or measure, except 
 where the inspection is made upon the request of the owner thereof 
 as provided for in the preceding section, if such weight or measure 
 shall be found to deviate from the legal standard, and the deviation 
 shall be of such nature as not to be easily known or ascertained by 
 the owner thereof, it shall be lawful for the owner to correct such 
 weight or measure, so that it may conform to the legal standard, and 
 upon failing to do so, within two days after such inspection it shall 
 be lawful for the superintendent to take possession of and destroy 
 such weight or measure. If the said deviation or the causes thereof 
 shall be patent or easily seen or easily capable of being known by 
 the owner thereof, it shall become the duty of the superintendent or 
 assistant superintendent to immediately take possession of and de- 
 stroy such weight or measure, and the owner thereof shall be liable to 
 a penalty of five dollars in addition to any other penalties and pun- 
 ishments herein provided. 
 
 Sec. 24. Incorrectness after sealing. — If any weights or measures 
 theretofore sealed and certified as correct shall be found thereafter 
 to be incorrect, the owner thereof shall be liable to a penalty of ten 
 dollars. 
 
 Sec. 25. All weights and measures must be tested within one year; 
 proviso. — After one year from the passage of this act it shall be un- 
 lawful for any person to buy or sell goods by the use of any weight 
 or measure which has not been tested and sealed according to the pro- 
 visions of this act, under penalty of twenty-five dollars: Provided, 
 That no contract shall be declared void unless one of the contracting 
 parties has been injured by the use of the weight or measure not 
 tested and sealed. 
 
 Sec. 26, as amended by Laws, 1918, ch. 11, p. 68. Penalties; recovery of 
 penalty. — Any person who injures or defrauds another by using, or 
 causes to be used, or has in his possession a false weight, measure or 
 other apparatus for determining the quantity of any commodity, or 
 article of merchandise, or sells or exposes for sale less than the 
 quantity he represents, shall for the first offense be liable to a penalty 
 of not less than twenty-five dollars nor more than fifty dollars, and 
 for a second offense be liable to a penalty of not less than fifty dollars 
 nor more than one hundred dollars, and for each subsequent offense 
 shall be liable to a penalty of not less than one hundred dollars nor 
 more than two hundred dollars, or imprisonment for not less than 
 thirty days nor more than ninety days, or both, the amount of said 
 penalty to be determined, as aforesaid, in the discretion of the dis- 
 trict court or police magistrate having jurisdiction, and if any per- 
 son or persons shall fail to pay the penalty or penalties as imposed, 
 together with the cost of prosecution, the said court or police magis- 
 trate shall issue execution against the goods and chattels and body 
 or bodies of the defendant or defendants as provided in section 
 thirty-nine hereof with the same force and effect: Provided, how- 
 ever, That the period of detention of ten days provided therein shall 
 in this case be extended to a period not exceeding ninety days. 
 
534 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 27 (1911). Retention of false scales a misdemeanor. — A person 
 who retains in his possession any weight or measure, knowing it to 
 be false, unless it appears beyond a reasonable doubt that it was so 
 retained without intent to use it, or permit it to be used in violation 
 of the last section, is guilty of a misdemeanor. 
 
 Sec. 28. Improper marking. — A 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. 
 
 Sec. 29. Deviation allowable. — The State superintendents of weights 
 and measures shall fix tolerances or allowable deviations from the 
 standards as herein prescribed, and he may change the same from 
 time to time, but in no case shall such allowable deviation be less 
 than one-half of one per centum. No penalty shall be imposed for 
 such an allowable deviation. It shall be the duty of the inspector, 
 however, to cause all weights and measures to conform as nearly as 
 possible to the standard, before sealing. 
 
 See. 30. Each piece a separate violation. — The use, ownership or pos- 
 session of each separate weight or measure in violation of any of the 
 provisions of this act shall be deemed as separate violations thereof. 
 Nothing herein shall be construed to create a penalty for any devia- 
 tion in weights or measures from the standard as herein set forth 
 when such deviation shall be to the disadvantage of the owner thereof. 
 
 Sec. 31. Scale of penalties; penalty doubled for second offense. — Any 
 deviations from the official standards herein prescribed, either in 
 weights or measures or in packages, crates, barrels or other receptacles 
 in which any commodity is sold or offered for sale, which shall exceed 
 the allowable error as set forth in section twenty-nine hereof by 
 more than three times the amount of such allowable error, shall be 
 punished by a penalty double that otherwise prescribed, and should 
 such deviation exceed such allowable error by more than five times 
 such allowable error, the penalty shall be three times that otherwise 
 provided. The penalty or punishment for an offense or penalty 
 incurred under any of the provisions of this act shall be double that 
 otherwise prescribed herein, upon its being shown that such person 
 has heretofore been fined, punished or convicted under the same or 
 any other section of this act, providing the act, or omission upon 
 which such second penalty or offense is based shall have occurred 
 after the conviction or recovery for such first offense. 
 
 Sec. 32. Presence of weights, etc., presumption of use. — For the pur- 
 poses of this act, proof of the existence of weights or measures in or 
 about any building, inclosure, stand or vehicle in or from which it is 
 shown buying or selling is commonly carried on, shall be presumptive 
 proof of their regular use for such purposes and of their ownership 
 by the person so using or possessing them, and such facts shall be 
 deemed to remain established until disproved beyond reasonable 
 doubt. 
 
 Sec. 33. As to authenticity of standards. — Each weight or measure 
 used by any superintendent or assistant superintendent as a standard 
 for testing the weights and measures used in buying or selling shall 
 be stamped or marked by the superintendent of such county or 
 municipality in such manner as he may determine. A certificate 
 which certifies to the correctness of such weight or measure, desig- 
 nating the same by number, and giving the date of its comparison 
 
NEW JERSEY 535 
 
 with any of the standard weights and measures deposited with 
 any State, county or municipal superintendent as in this act pro- 
 vided, shall be presumptive evidence that such weight or measure 
 has continuously since that date of such comparison conformed with 
 the said standards and the national and State standards. Such cer- 
 tificate 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 presumptive evidence, without further proof of 
 its authenticity. 
 
 Sec. 34. Penalty for hindering official. — No person shall in any way 
 or manner hinder or molest any duly authorized superintendent 
 or assistant superintendent in the performance of the duties herein 
 imposed upon him, under penalty of one hundred dollars for every 
 such offense. 
 
 Sec. 35. Penalty for refusing to exhibit weights, etc., and for altering 
 sealed weights; penalty for altering sealed weights. — No person shall 
 refuse to exhibit any weights or measures to any of said superin- 
 tendents or assistant superintendents for the 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 de- 
 livering goods, liquids or commodities from any wagon or convey- 
 ance refuse to permit such officer to examine any weights or 
 measures which may be in or about such conveyance, under the 
 penalty of twenty-five dollars for every such offense. No person 
 shall alter or change in any manner any weight or measure, or allow 
 the same to be done, after the same has been tested and sealed by any 
 officer or inspector under the authority of this act, so that the same 
 shall weigh or measure incorrectly, under penalty of one hundred 
 dollars for each such offense. 
 
 Sec. 36. General penalty. — Any person violating any of the pro- 
 visions of this act for which a specific penalty has not been provided 
 shall be liable to a penalty of ten dollars. 
 
 Sec. 37. New scales to be standard; penalty for selling false scales. — 
 Whenever any weight or measure is sold or delivered after sale 
 to any person within this State for the purpose of use in the pur- 
 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 
 knowledge that it is to be used in weighing or measuring commodi- 
 ties shall be liable to a penalty of fifty dollars. 
 
 Sec. 38. Action if scale easily arranged to defraud. — Whenever any 
 superintendent shall find that a particular weight or measure is so 
 constructed as to facilitate the perpetration of fraud, he may de- 
 cline to seal the same, and in such case shall report his act to the 
 State superintendent, who shall thereupon make an investigation, 
 and if satisfied that its use is prejudicial to the best interests of 
 the public shall make an order that such standard shall be treated 
 as an unlawful standard. Such order may be reviewable both as 
 to the law and to the fact upon application to the supreme court. 
 
 Sec. 39 (al913). Recovery of penalties. — An action to recover any 
 penalty incurred under the provisions of this act may be brought 
 
536 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 in the name of the State of New Jersey by any duly appointed 
 superintendent or any assistant superintendent by complaint in 
 writing, duly verified by such superintendent or such assistant super- 
 intendent, which verification may be upon information and belief, 
 or may be verified by the complaining witness, to be filed with the 
 police magistrate or' the district court of any municipality in this 
 State alleging the violation in said municipality of any of the pro- 
 visions of this act or acts supplementary thereto or amendatory 
 thereof, who is hereby authorized to issue a summons returnable in 
 from one to ten days from the date thereof, same to be served not 
 less than two days prior to the return thereof, or a warrant directed 
 to any superintendent or to any assistant superintendent, or to any 
 constable or police officer commanding him to cause the person or 
 persons so complained of to be summoned or arrested and brought 
 before such judge or magistrate who shall at the return of the said 
 summons or warrant forthwith in a summary way hear and de- 
 termine the guilt or innocence of such person or persons, and upon 
 conviction shall impose upon such person or persons so convicted 
 the penalty or penalties prescribed for such offense, together with 
 the costs of prosecution of the proceedings in said court, or before 
 such magistrate, and if any person or persons shall fail to pay the 
 penalty or penalties so imposed, together with the costs of prosecu- 
 tion, execution shall be issued against his or their goods and chattels, 
 body or bodies without any order of the court for that purpose first 
 had and obtained. If the officer executing any such writ shall be 
 unable to find sufficient goods and chattels of said defendant or de- 
 fendants in his bailiwick to make the amount of said judgment and 
 costs, he shall take the body of the defendant or defendants and 
 deliver him or them to the keeper of the common jail of said county 
 for a period not to exceed ten days, except as may be otherwise in 
 this act in this respect provided; or until said penalty and costs are 
 sooner paid : Provided*, however, That the defendant or defendants 
 may be released upon order of the judge or magistrate before the 
 expiration of any imprisonment prescribed in default of payment 
 of any judgment, upon the written order of the committing magis- 
 trate or a justice of the supreme court, in the discretion of said 
 judicial officer, after one day's notice of time and place of application 
 for such order to the State superintendent of weights and measures. 
 It shall be the duty of the city attorney of any municipality wherein 
 such violation shall take place to assist in the prosecution of the 
 same, unless such municipality has no such municipal superintend- 
 ent of weights and measures, as provided for in section ten hereof 
 in which case the public prosecutor of the county wherein such viola- 
 tion shall take place, shall assist in such prosecution. All fines and 
 penalties collected from persons offending against the provisions of 
 this act shall be paid by the magistrate receiving the same into the 
 county treasury of such county, unless such penalty was incurred 
 within a municipality or municipalities having a municipal super- 
 intendent, as provided in section ten, in which case such penalty 
 shall be paid into the treasury of said municipality or municipalities 
 pro rata. 
 
 Sec. 39a (1913). Arrest without warrant, summary hearing. — For vio- 
 lation of any of the provisions of the act to which this act and 
 
NEW JEKSET 537 
 
 section is supplementary, done within the view of any superin- 
 tendent or assistant superintendent of weights and measures, such 
 superintendent or assistant superintendent is authorized, without 
 warrant, to arrest the offender or offenders and to conduct him or 
 them before the judge or police magistrate having jurisdiction in 
 said municipality wherein such arrest is made and offense com- 
 mitted, and such judge or police magistrate is hereby authorized 
 and required on verified complaint in writing, setting forth the 
 nature of the offense for which said arrest was made, to be filed 
 then and there with such judge or police magistrate, before the 
 commencement of the hearing, to hear and determine in a sum- 
 mary way the guilt or innocence of such person or persons, and 
 inflict the penalties provided by law. 
 
 Sec. 39b, as amended by Laws, 1918, ch. 11, p. 68. Right of appeal. — 
 Any party to any proceeding instituted under this act may appeal 
 from the judgment or sentence of the district court or police magis- 
 trate to the court of common pleas of the county in which the said 
 proceedings take place: Provided, That the party appealing shall, 
 within ten days after the date of the said judgment, file a written 
 notice of appeal with the district court or police magistrate, pay 
 the costs of such proceedings, and deliver to such district court or 
 police magistrate a bond to the opposite party in double the amount 
 of the judgment appealed from, with at least one sufficient surety, 
 conditioned to prosecute the said appeal and to stand to and abide 
 by such further order or judgment as may hereinafter be made 
 against said party, which appeal shall act as a stay of execution, 
 unless said appeal shall be dismissed for want of jurisdiction in the 
 court appealed to, in which case the district court or police magis- 
 trate may issue execution as in this act provided upon the remand- 
 ing and dismissal of the appeal papers to said district court or 
 magistrate with certified copy of the order of dismissal as afore- 
 said. 
 
 Sec. 39c (1913). Transcript sent to court of common pleas. — When- 
 ever an appeal shall be taken as aforesaid, it shall be the duty of the 
 district court or police magistrate to send all papers, together with 
 a transcript of the proceedings in the case to the next term of the 
 court of common pleas of the said county, if at least five days shall 
 intervene between the rendition of said judgment and the commence- 
 ment of said term of court; but, if otherwise, then said proceeding 
 shall be brought on and heard at the next subsequent term of said 
 court, which court shall hear and determine such appeal in the same 
 way and manner as said case was heard and determined by such 
 district court or police magistrate, who shall render final judgment 
 therein, upon which judgment in case of affirmance of conviction, 
 execution directed to the sheriff as provided in the first instance in 
 sections twenty-six and thirty-nine hereof may issue: Provided, 
 however, That if the defendant shall be committed to jail under 
 any execution provided for in this act, on failure to pay the amount 
 due of penalty and costs, such commitment shall be construed as a 
 waiver and release of any appeal bond previously given in the 
 proceeding. 
 
 Sec. 40 (1911). Act, how construed. — This act shall be deemed a 
 public act, and shall be liberally construed. Should any section or 
 
538 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 provision thereof be held unconstitutional or invalid, it shall not be 
 held to affect any other section or provision hereof. 
 
 Sec. 42 (1912). Fruits, vegetables, not to be sold in baskets containing 
 less than one-half bushel.— Hereafter it shall be unlawful for any 
 person or corporation in this State to sell any fruit, vegetables and 
 the like by the basket, which basket shall contain less than half of a 
 bushel. 
 
 Sec. 43. Penalty. — Any person or corporation violating any of the 
 provisions of this act shall be liable to a penalty of twenty-five 
 dollars for each offense, to be recovered in an action of debt by the 
 board of health of the State of New Jersey, in the name of the 
 State : Provided, however, Nothing in this act shall prevent the sell- 
 ing of a larger or smaller measure than that denominated in this act. 
 
 Comp. Stats., 1910, Vol. 2, p. 2586. 
 
 Sec. 94 (1896). Bread to be sold by weight.— That hereafter all 
 bread sold in this State shall be sold by weight, and the weight of all 
 loaves of bread offered for sale shall be specified by the baker or 
 dealer to the consumer, if said consumer require it; all bread sold 
 shall be free from all impure or foreign substances or anjr material 
 injurious to health. 
 
 Sec. 95. Penalty. — Any person offending against the provisions of 
 this act by refusing to specify the weight when so required, or by 
 falsely specifying said weight intentionally or by wilfully inserting 
 in bread made or sold by him any impure or foreign substance or 
 material injurious to health, shall, upon conviction therefor, be 
 punished by a fine not exceeding the sum of twenty-five dollars for 
 each offense, in the discretion of the court. 
 
 Sec. 96. Jurisdiction. — Any offenses under this act shall be cog- 
 nizable in cities before recorders or police magistrates exclusively 
 where there are such magistrates, and in towns, cities and other 
 places where there is no such magistrate, before a justice of the 
 peace. 
 
 Laws, 1924, ch. 59, p. 110. 
 
 Sec. 1. Commodities sold by weight instead of dry measure; proviso. — 
 From and after the taking effect of this act, all commodities here- 
 tofore commonly offered for sale, or sold by dry measure or by 
 basket, barrel or container of any kind, except as hereinafter pro- 
 vided, shall be offered for sale or sold upon the basis of avoirdupois 
 net weight or by numerical count only, and it shall thereafter be 
 unlawful for anyone to use or employ any dry capacity measure, 
 basket, barrel or container of any kind as a means of determining 
 the amounts or quantities of any such commodities offered for sale, 
 or sold: Provided, however, That the provisions of this act shall 
 not be construed to apply to fruits and vegetables sold in the original 
 standard container, nor to vegetables which by common custom are 
 offered for sale, or sold by the bunch; nor shall the provisions of 
 this act be construed to apply to fresh berries and to other small 
 fruits which are customarily offered for sale, and sold by the box, 
 basket or other receptacle, except, however, when such fresh berries 
 or such other small fruits are offered for sale, or sold in bulk, in 
 which case the provisions of this act shall apply to the extent that 
 such fresh berries and such other small fruits shall be offered for 
 
NEW JERSEY 539 
 
 sale, and sold by avoirdupois net weight only: Provided further, 
 however, That all fresh berries and such other small fruits when 
 offered for sale, or sold shall be so offered or sold in boxes, baskets 
 or receptacles of uniform size to hold one quart or one pint dry 
 measure only, which said boxes, baskets or other receptacles shall 
 be uniformly and evenly filled throughout. 
 
 Sec. 2. Enforcement of act. — The State superintendent of weights 
 and measures, his duly authorized assistants and all county and mu- 
 nicipal superintendents of weights and measures are hereby charged 
 with the enforcement of the provisions of this act. 
 
 Sec. 3. Penalty for violation; recovery of penalty; jurisdiction. — Any 
 person, firm, copartnership, corporation or association violating any 
 of the provisions of this act shall, for the first offense, be liable to a 
 penalty of not less than twenty-five dollars nor more than fifty dol- 
 lars, and for a second offense be liable to a penalty of not less than 
 fifty dollars nor more than one hundred dollars and for each sub- 
 sequent offense shall be liable to a penalty of not less than one hun- 
 dred dollars nor more than two hundred dollars. An action for the 
 recovery of a penalty for the violation of any of the provisions of 
 this act shall be in the nature of an action in debt and the same may 
 be instituted and the penalty recovered either in the district court of 
 any city or judicial district or in the small cause court of any county 
 or before the police magistrate or the recorder of any city, town, 
 township, borough or village. Jurisdiction is hereby conferred 
 upon the district court, and the small cause court, and on the police 
 court and the recorder's court of any city, town, township, borough 
 or village of this State to hear and determine actions instituted 
 under this act, it being the intent hereof to confer jurisdiction upon 
 the said small cause court, the police court, and the recorder's court 
 in jurisdictions where a district court exists, notwithstanding any 
 law of this State providing that no justice of the peace or small 
 cause court shall have jurisdiction over any case or proceeding cog- 
 nizable before a district court where the defendant or defendants 
 reside within any city or judicial district where a district court is 
 established and notwithstanding any law of the State prohibiting 
 any justice of the peace resident within the limits of any city or 
 judicial district where a district court is established from exercising 
 any civil jurisdiction. 
 
 Sec. 4. Official proceedings ; disposition of penalties. — County superin- 
 tendents and assistant county superintendents of weights and 
 measures, municipal and assistant municipal superintendents of 
 weights and measures, are authorized to bring proceedings 
 within their respective jurisdictions, in their official capacities, 
 for the use of the county or municipality which they rep- 
 resent. Penalties when recovered in the name of a county or assist- 
 ant county superintendent of weights and measures shall be payable 
 to the county collector of such county, and when recovered by a 
 municipal or assistant municipal superintendent of weights and 
 measures, shall be payable to the municipality which such official 
 represents. 
 
 Sec. 5. " Commodities " defined; "dry capacity measure" defined; 
 " original standard container " denned. — Tbe term " commodities " as 
 used in this act shall be construed to mean articles of food, other 
 
540 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 than liquids, which are capable of being measured by dry capacity 
 measure and which have been at any time prior to the passage of 
 this act sold by dry capacity measure in this State. 
 
 The term " dry capacity measure " within the meaning of this act 
 shall be construed to be the bushel, half-bushel, peck, half-peck, 
 quarter-peck, quart, pint, half-pint and similar measures. 
 
 The term " original standard container " as used in this act shall 
 be construed to mean and include only barrels, boxes, baskets, 
 hampers or similar containers, the dimensions or capacity of which 
 is established by law of this State or by act of Congress, the contents 
 of which have not been removed or repacked, and upon which is 
 plainly and conspicuously marked the net quantity*of contents there- 
 of in terms of weight, measure or numerical count. 
 
 Laws, 1920, ch. 223, p. 428. 
 
 Sec. 1. Fruits and vegetables in crates, baskets, and carriers, how 
 marked. — Any person who shall pack or cause to be packed fruits or 
 vegetables in crates, covered baskets and carriers, for the purpose 
 of selling, offering or exposing for sale said fruits or vegetables so 
 packed, shall plainly and conspicuously mark or stamp in lettering 
 not less than three-eighths of an inch in size, on the outside or top 
 of the said crates, baskets or carriers his name and address. 
 
 Sec. 2. Removal of old markings.— Before so marking or stamping his 
 name and address on any basket, crate or carrier, said packer shall 
 remove all other names and addresses therefrom, excepting the name 
 and address of the manufacturer of said basket, crate or carrier. 
 
 Sec. 3, as amended by Laws, 1921, cb. 93, p. 155. Penalty; recovery of 
 penalties; authority to bring proceedings; disposition of penalties. — Any 
 person, firm or corporation violating any of the provisions of this 
 act shall for the first offense be liable to a penalty of not less than 
 twenty-five dollars and not more than fifty dollars, and for the second 
 offense shall be liable to a penalty of not less than fifty dollars and 
 not more than one hundred dollars, and for each subsequent offense 
 shall be liable to a penalty of not less than one hundred dollars and 
 not more than two hundred dollars. 
 
 An action for the recovery of a penalty for violation of the pro- 
 visions of this act shall be in the nature of an action in debt, and 
 may be brought in the district court of any city, or judicial district 
 in the small cause court of any county, and before the police magis- 
 trate and recorder of any city, town, township, borough or village, 
 and jurisdiction is hereby conferred upon the district court, the 
 small cause court, the police court and the recorder's court of any 
 city, town, township, borough or village to hear and determine 
 actions brought as aforesaid. 
 
 County superintendents and assistant county superintendents of 
 weights and measures, municipal and assistant municipal superin- 
 tendents of weights and measures, are authorized to bring proceed- 
 ings within their respective jurisdictions, in their official capacities, 
 for the use of the county or municipality which they represent. 
 Penalties, when recovered in the name of a county or assistant county 
 superintendent of weights and measures, shall be payable to the 
 county collector of such county, and when recovered by a municipal 
 or assistant municipal superintendent of weights and measures shall 
 be payable to the municipality which such official represents. 
 
NEW JERSEY 541 
 
 Sec. 4. " Person " defined. — The word " person " as used in this act 
 shall include corporations, co-partnerships and associations. 
 
 Laws, 1924, ch. 20, p. 47. 
 
 Sec. 1. Standards for Climax baskets. — Standards for Climax baskets 
 for grapes and other fruits and vegetables shall be the twelve-quart 
 basket, four-quart basket and two-quart basket, respectively: 
 
 (a) The standard twelve-quart Climax basket shall be of the fol- 
 lowing dimensions: Length of bottom piece, sixteen inches; width 
 of bottom piece, six and one-half inches; thickness of bottom piece, 
 seven-sixteenths of an inch ; height of basket, seven and one-sixteenth 
 inches, outside measurement; top of basket, length, nineteen inches, 
 width nine inches, outside measurement. Basket to have cover nine 
 inches by nineteen inches, when cover is used. 
 
 (5) The standard four-quart Climax basket shall be of the fol- 
 lowing dimensions: Length of bottom piece, twelve inches; width 
 of bottom piece, four and one-half inches ; thickness of bottom piece, 
 three-eighths of an inch ; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches, 
 width six and one-fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used. 
 
 (c) The standard two-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, nine and one-half inches; 
 width of bottom piece, three and one-half inches ; thickness of bot- 
 tom piece, three-eighths of an inch; height of basket, three and 
 seven-eighths inches, outside measurement; top of basket, length 
 eleven inches and width five inches, outside measurement. Basket 
 to have a cover five by eleven inches, when a cover is used. 
 
 Sec. 2. Application of act. — No person, firm, copartnership or cor- 
 poration shall sell or deliver, or have in possession with intent to 
 sell or deliver, any fruit or fruits, berries or vegetables, contained 
 in any Climax basket or baskets unless such Climax basket or bas- 
 kets shall be of the capacities and dimensions as in this act specified : 
 Provided, ho-wever, That nothing in this act contained shall be con- 
 strued to apply to the sale or delivery, or the possession with intent 
 to sell or deliver, of any fruit or fruits, berries or vegetables con- 
 tained in any basket, box or other container the capacities of which 
 are specified in an act entitled " A further supplement to an act 
 entitled 'An act to establish a uniform standard of weights and 
 measures in this State, to establish a department of weights and 
 measures and to provide penalties for the use of other than stand- 
 ard or legal weights and measures,' approved April twenty-fourth, 
 nineteen hundred and eleven, and to repeal a certain supplement 
 thereto, approved March twelfth, nineteen hundred and thirteen," 
 as same was approved April seventeenth, one thousand nine hundred 
 and fourteen. 
 
 Sec. 3. Markings required. — No person, firm, copartnership or cor- 
 poration shall sell or deliver, or have in possession with intent to 
 sell or deliver, any fruit or fruits, berries or vegetables, contained 
 in any Climax basket or baskets unless such Climax basket or bas- 
 kets shall have legibly marked on the outside thereof, by the manu- 
 facturer thereof, in English letters or Arabic numerals, the exact 
 
542 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 capacity of said Climax basket or baskets and unless said Climax 
 basket or baskets shall also contain the name and address of the 
 manufacturer thereof, painted or written thereon, legibly in the Eng- 
 lish language: Provided, however, That any manufacturer of any 
 Climax basket or baskets as in this act specified may mark thereon, 
 in lieu of his name and address, a sign or symbol furnished him by 
 the superintendent of weights and measures of this State. 
 
 Sec. 4. Unlawful to manufacture or sell baskets not conforming to 
 act. — It shall be unlawful to manufacture for shipment, or to sell 
 for shipment any Climax basket or baskets for fruits, berries or 
 vegetables, whether filled or unfilled, which do not conform with 
 the provisions of this act. 
 
 Sec. 5. Examination and test. — The examination and test of Climax 
 baskets for fruits, berries or vegetables for the purpose of determin- 
 ing whether such baskets comply with the provisions of this act, shall 
 be made by the State department of weights and measures, and the 
 State superintendent of weights and measures shall establish and 
 promulgate rules and regulations allowing such reasonable tolerances 
 and variations as may be found necessary. 
 
 Sec. 6. Penalties for violations. — Any person, firm, copartnership, 
 corporation or association violating any of the provisions of this act 
 shall, for the first offense, be liable to a penalty of not less than 
 twenty-five dollars nor more than fifty dollars, and for a second 
 offense be liable to a penalty of not less than fifty dollars nor more 
 than one hundred dollars, and for each subsequent offense shall 
 be liable to a penalty of not less than one hundred dollars nor more 
 than two hundred dollars. An action for the recovery of a penalty 
 for the violation of any of the provisions of this act shall be in the 
 nature of an action in debt and the same may be instituted and the 
 penalty recovered either in the district court of any city or judicial 
 district or in the small cause court of any county or before the police 
 magistrate or the recorder of any city, town, township, borough or 
 village. Jurisdiction is hereby conferred upon the district court, 
 and the small cause court, and on the police court and the recorder's 
 court of any city, town, township, borough or village of this State 
 to hear and determine actions instituted under this act, it being the 
 intent hereof to confer jurisdiction upon the said small cause court, 
 the police court, and the recorder's court in jurisdictions where a 
 district court exists, notwithstanding any law of this State provid- 
 ing that no justice of the peace or small cause court shall have juris- 
 diction over any case or proceeding cognizable before a district court 
 where the defendant or defendants reside within any city or judicial 
 district where a district court is established and notwithstanding 
 any law of the State prohibiting any justice of the peace resident 
 within the limits of any city or judicial district where a district 
 court is established from exercising any civil jurisdiction. 
 
 Sec. 7. Proceedings, who may bring; disposition of penalties. — The 
 State superintendent of weights and measures or his assistants, 
 county or assistant county superintendents of weights and measures, 
 municipal or assistant municipal superintendents of weights and 
 measures, are authorized to bring proceedings within their respective 
 jurisdictions, in their official capacities, for the use of the State or of 
 the county or municipality which they represent. Penalities when re- 
 
NEW JERSEY 543 
 
 covered in the name of the State superintendent of weights and 
 measures or his assistants shall be payable to the State treasurer, 
 and when recovered by the county or assistant county superintendent 
 of weights and measures shall be payable to the county collector of 
 such county, and when recovered by a municipal or assistant muni- 
 cipal superintendent of weights and measures, shall be payable to 
 the municipality which such official represents. 
 
 Laws, 1916, ch. 268, p. 561. 
 
 Sec. 2, as amended by Laws, 1923, ch. 24, p. 54. Standards for 
 receptacles for farm products. — The State department of agriculture 
 may, from time to time, establish and promulgate standards that 
 may be used by producers and distributors under the provisions of 
 this act for the grading and other classification of farm products, 
 and in co-operation with the department of weights and measures 
 establish and promulgate standards for receptacles for farm products. 
 
 Sec. 4, as amended by Laws, 1923, ch. 24, p. 54. Investigation; fee for 
 services. — The secretary may designate any competent employee or 
 agent of the State department of agriculture to make, upon re- 
 quest, investigations, inspections and classifications of farm prod- 
 ucts in accordance with standards which have become effective under 
 this act. When any such investigations, inspection or classifica- 
 tion is made, the employee or agent shall issue a certificate of the 
 grade or other classification of the farm product involved. 
 
 The secretary of agriculture is authorized to fix, assess and col- 
 lect, or cause to be collected, fees for such services, when they are 
 performed by employees or agents of the State department of 
 agriculture. 
 
 Laws, 1919, ch. 197, p. 434. 
 
 Sec. 1. " Commodity " defined. — The term " commodity " as used in 
 this act shall, for the purpose of this act, be taken to mean and 
 include anything which is commonly sold by weight or measure 
 or other apparatus for determining quantity. 
 
 Sec. 2, as amended by Laws, 1921, ch. 91, p. 152. Penalty for selling 
 under weight; recovery of penalty. — Any person, firm, corporation or 
 association that sells or exposes for sale less than the quantity 
 represented of any commodity, as defined in this act, shall, for 
 the first offense, be liable to a penalty of not less than twenty-five 
 dollars nor more than fifty dollars, and for a second offense be 
 liable to a penalty of not less than fifty dollars nor more than one 
 hundred dollars, and for each subsequent offense shall be liable 
 to a penalty of not less than one hundred dollars nor more than 
 two hundred dollars. An action for the recovery of a penalty 
 for violation of the provisions of this act shall be in the nature 
 of an action in debt, and may be brought in the district court of 
 any city, or judicial district in the small catise court of any county, 
 and before the police magistrate and recorder of any city, town, 
 township, borough or village, and jurisdiction is hereby conferred 
 upon the district court, the small cause court, the police court and 
 recorder's court of any city, town, township, borough or village 
 to hear and determine actions brought as aforesaid. 
 517—26 -35 
 
544 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 3, as amended by Laws, 1921, ch. 91, p. 152. Bringing proceedings; 
 disposition of penalties recovered.— County superintendents and assist- 
 ant county superintendents of weights and measures, municipal 
 and assistant municipal superintendents of weights and measures, 
 are authorized to bring proceedings within their respective juris- 
 dictions, in their official capacities, for the use of the county or 
 municipality which they represent. Penalties, when recovered in 
 the name of a county or assistant county superintendent of weights 
 and measures, shall be payable to the county collector of such 
 county, and when recovered by a municipal or assistant municipal 
 superintendent of weights and measures shall be payable to the 
 municipality which such official represents. 
 
 Sec. 4, as amended by Laws, 1921, ch. 91, p. 152. Actions to have prece- 
 dence. — Actions instituted for the recovery of penalties, under the 
 provisions of this act, shall be given precedence over cases set for 
 hearing on the day when actions under this act are to be tried. 
 
 Laws, 1916, ch. 181, p. 383. 
 
 Sec. 1. Net weight to be marked on packages containing food; toler 
 ances and exemptions. — No person shall distribute or sell, or have in 
 his possession with intent to distribute or sell, any article of food in 
 package form unless the net quantity of the contents be plainly and 
 conspicuously maiked on the outside of the package in terms of 
 weight, measure or numerical count: Provided, however, That 
 reasonable variations and tolerances and exemptions as to small 
 packages shall be permitted, and that the State superintendent of 
 weights and measures shall by order fix such tolerances and exemp- 
 tions 3 as to small packages as shall have been or may hereafter be 
 fixed by the Secretary of the Treasury and the Secretary of Agri- 
 culture and the Secretary of Commerce and Labor of the United 
 States of America, and such tolerances and exemptions shall be 
 published at the end of the sessions laws of the legislature next 
 thereafter published after the making of said order, and such toler- 
 ances and exemptions as fixed in said order shall take effect when 
 so published : Provided, further, That if any such tolerance or ex- 
 emption so adopted shall be changed by the three secretaries above 
 named, it shall not continue in effect in this State after such change 
 has become effective. Any such order may be prima facie proven in 
 any court by the mere production of the volume of such laws con- 
 taining the publication thereof. 
 
 Sec. 2, as amended by Laws, 1921, ch. 95, p. 157. Penalties for viola- 
 tions; recovery of penalties; authority to bring proceedings; disposition 
 of penalties recovered. — Any person, firm, copartnership or corpora- 
 tion violating any of the provisions of this act shall, for the first 
 offense, be liable to a penalty of not less than twenty-five dollars nor 
 more than fifty dollars; and for the second offense shall be liable 
 to a penalty of not less than fifty dollars and not more than one 
 hundred dollars; and for each subsequent offense shall be liable to 
 a penalty of not less than one hundred dollars nor more than two 
 hundred dollars. An action for the recovery of a penalty for viola- 
 tion of the provisions of this act shall be in the nature of an action 
 in debt, and may be brought in the district court of any city, or 
 
 3 See p. 17 for Federal regulation. 
 
STEW JERSEY 545 
 
 judicial district in the small cause court of any county, and before 
 the police magistrate and recorder of any city, town, township, 
 borough or village, and jurisdiction is hereby conferred upon the 
 district court, the small cause court, the police court and the re- 
 corder's court of any city, town, township, borough or village to 
 hear and determine actions brought as aforesaid. County superin- 
 tendents and assistant county superintendents of weights and meas- 
 ures, municipal and assistant municipal superintendents of weights 
 and measures, are authorized to bring proceedings within their 
 respective jurisdictions, in their official capacities, for the use of the 
 county or municipality which they represent. Penalties, when re- 
 covered in the name of a county or assistant county superintendent 
 of weights and measures, shall be payable to the county collector 
 of such county, and when recovered by a municipal or assistant 
 municipal superintendent of weights and measures shall be payable 
 to the municipality which such official represents. 
 
 laws, 1918, ch. 47, p. 137. 
 
 Sec. 1. Publication with session laws. — The publication of the toler- 
 ances and exemptions provided for in the act to which this act is a 
 supplement shall be published at the end of the session laws for the 
 year one thousand nine hundred and eighteen, and when so 
 published shall have the same force and effect as if such tolerances 
 and exemptions had been published as provided in the act to which 
 this act is a supplement. 
 
 Haws, 1918, p. 1279. 
 
 Exemptions on small packages. — The following shall be the exemp- 
 tions on small packages, from the provisions of the law requiring 
 the quantity of the contents to be marked on the outside of the pack- 
 age, fixed by the State superintendent of weights and measures in 
 accordance with the tolerances and exemptions fixed by the Secre- 
 tary of the Treasury, the Secretary of Agriculture, and the Secre- 
 tary of Commerce and Labor of the United States of America, viz : 
 
 (1) A package containing two 4 (2) avoirdupois ounces of food, 
 or less, is " small " and shall be exempt from marking in terms of 
 weight. 
 
 (2) A package containing one (1) fluid ounce of food, or less, is 
 ' ; small " and shall be exempt from marking in terms of measure. 
 
 (3) A package wherein the units of food are six (6), or less, is 
 deemed " small " and shall be exempt from marking in terms of 
 numerical count. 
 
 The foregoing is prescribed in accordance with the provisions of 
 chapter 47, Laws of 1918, approved February 14, 1918, supplement- 
 ing chapter 181, P. L., 1916. 
 
 Laws, 1919, ch. 215, p. 504. 
 
 Sec. 1. Sale of ice by avoirdupois weight; scales tested. — Every per- 
 son, firm or corporation selling or offering for sale any ice, shall, at 
 the time of the delivery thereof, weigh by avoirdupois weight the 
 quantity of ice delivered, and for this purpose shall have a scale 
 
 'An anieuded regulation was issued Apr. 21, 1919. under the Federal food and drugs 
 act, by the Secretaries of the Treasury, Agriculture, and Commerce, changing the weirht 
 of a package which Is considered " small " from '1 ounces to */> ounce. See p. 19 
 
546 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 tested and sealed by the State department of weights and measures, 
 or by any county or municipal superintendent of weights and 
 measures. 
 
 Sec. 2. Weight of tongs deducted. — Each and every set of tongs used 
 for the delivery of ice shall have permanently stamped thereon the 
 exact and true avoirdupois weight thereof by the State department 
 of weights and measures or by a county or municipal superintendent 
 of weights and measures, and such weight, stamped as aforesaid, 
 shall be deducted from the total weight of ice as determined on the 
 scale by which the same is weighed. 
 
 Sec. 3. Penalties for cheating. — Any person, firm or corporation 
 engaged in the business of selling ice who shall deliver any ice with- 
 out first having weighed the same, or who sells less than the quan- 
 tity represented, shall be liable to a penalty of twenty-five dollars 
 for the first offense, fifty dollars for the second offense and to a 
 penalty of one hundred dollars for each subsequent offense. 
 
 See. 4, as amended by Laws, 1921, ch. 92, p. 154. Eecovery of penalties; 
 authority to bring proceedings. — An action for the recovery of a pen- 
 alty for violation of the provisions of this act shall be in the nature 
 of an action in debt, and may be brought in the district court of 
 any city, or judicial district, in the small cause court of any county, 
 and before the police magistrate and recorder of any city, town, 
 township, borough or village, and jurisdiction is hereby conferred 
 upon the district court, the small cause court, the police court and 
 recorder's court of any city, town, township, borough or village to 
 hear and determine actions brought as aforesaid. County superin- 
 tendents and assistant county superintendents of weights and meas- 
 ures, municipal and assistant municipal superintendents of weights 
 and measures, are authorized to bring proceedings within their respec- 
 tive jurisdictions, in their official capacities, for the use of the county 
 or municipality which they represent. Penalties, when recovered in 
 the name of a county or assistant county superintendent of weights 
 and measures, shall be payable to the county collector of such county, 
 and when recovered by a municipal or assistant municipal superin- 
 tendent of weights and measures shall be payable to the municipality 
 which such official represents. 
 
 Laws, 1924, ch. 117, p. 221. 
 
 Sec. 1. Sale of thread; net weight or length to be marked. — No person, 
 firm or corporation shall after January first, nineteen hundred and 
 twenty-five, sell or offer for sale sewing, basting, darning, crochet, 
 tatting, knitting, or embroidery thread, made of cotton, flax, silk 
 or any similar fibre, put up on spools, tubes, cones, bobbins, or in 
 balls, skeins or other similar packages, unless there is affixed to or 
 impressed upon a conspicuous part of each of such spool, tube, cone, 
 bobbin, ball, skein, or other similar package, a label or stamp which 
 shall be plain and conspicuous, and which shall plainly indicate 
 either the net weight in avoirdupois pounds and ounces, or the length 
 in yards of such thread: Provided, That when the net weight of 
 such thread on any such spool, tube, cone, bobbin, or in any such ball, 
 skein or other similar package is less than two avoirdupois ounces, 
 then such label or stamp shall indicate the length of such thread 
 in yards, before such packages or any thereof are offered for sale: 
 Provided, further, That where, from the shape, size or character 
 
NEW JERSEY 547 
 
 of the spool, tube, cone, bobbin, ball, skein or other similar package 
 it is impossible so to affix or impress such label or stamp, a label or 
 stamp shall be affixed to the box or other container in which such 
 packages are put up, stating the number of units contained therein 
 and the net weight or yardage of each such unit as hereinbefore 
 prescribed. 
 
 Sec. 2. Penalty for violation. — If any person, firm or corporation 
 shall sell or offer for sale such thread on any such spool, tube, cone, 
 bobbin, or in any such ball, skein or other similar package or box, 
 or other container, without a label or stamp specifying the net 
 weight or number of yards of thread contained thereon, as provided 
 in section one of this act, or shall sell or offer for sale such thread 
 on any such spool, tube, cone, bobbin, or in any such ball, skein or 
 other similar package, or box or other container, weighing or measur- 
 ing more than five per centum less than the net weight or number of 
 yards that the label or stamp thereon specifies, then such person, 
 firm or corporation shall, for the first offense, be liable to a penalty 
 of not less than twenty-five dollars nor more than fifty dollars, 
 and for a second offense be liable to a penalty of not less than fifty 
 dollars nor more than one hundred dollars and for each subse- 
 quent offense shall be liable to a penalty of not less than one hundred 
 dollars nor more than two hundred dollars. An action for the 
 recovery of a penalty for the violation of any of the provisions of 
 this act shall be in the nature of an action in debt and the same 
 may be instituted and the penalty recovered in the district court 
 of any city or judicial district; in the small cause court of any 
 county, and before any police magistrate or recorder of any city, 
 town, township, borough or village, and jurisdiction is hereby con- 
 ferred upon such district courts, small cause courts, police courts 
 and recorder courts to hear and determine actions brought as 
 aforesaid. 
 
 Sec. 3. Enforcement. — The State superintendent of weights and 
 measures, his duly authorized assistants and all county and munic- 
 ipal superintendents of weights and measures are hereby charged 
 with the enforcement of the provisions of this act. 
 
 Sec. 4. Proceedings for recovery of penalties. — County and assistant 
 county superintendents of weights and measures and municipal 
 and assistant municipal superintendents of weights and measures, 
 are hereby authorized and directed to bring proceedings within 
 their respective jurisdictions, in their official capacities, for the re- 
 covery of such penalties as in this act provided, for the use of the 
 county or municipality which they represent. Penalties when re- 
 covered in the name of a county or assistant county superintendent 
 of weights and measures shall be payable to the county collector of 
 such county, and when recovered by a municipal or assistant mu- 
 nicipal superintendent of weights and measures shall be payable to 
 the municipality which such official represents. 
 
 Laws, 1920, ch. 200, p. 391. 
 
 Sec. 1. Public weighmasters, who are; oath; certificate of appoint- 
 ment. — All firms, corporations, copartners or individuals engaged in 
 the business of weighing for hire, who shall weigh or measure any 
 commodity, produce or article, and issue therefor a weight certificate 
 which shall be accepted as the accurate weight upon which the pur- 
 
548 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 chase or sale of such commodity, produce or article is based, shall be 
 known as a public weighmaster, and all such weighmasters shall be 
 appointed by the State superintendent of weights and measures: 
 Provided, That any firm, corporation or individual not engaged in 
 the business of weighing for hire, but to whom the services of a 
 certified weigher are necessary for the proper conduct of any business 
 in which they may be engaged, may, upon application to the State 
 superintendent of weights and measures, have one or more of their 
 employees, or some suitable person, designated by the said State 
 superintendent of weights and measures to act as weighmaster for 
 such firm, corporation or individual. Each weighmaster shall, before 
 entering upon his duties, make oath faithfully to execute his trust as 
 a weighmaster. Said State superintendent of weights and measures 
 shall issue a certificate of such appointment or designation and shall 
 keep a record of the same. 
 
 Sec. 2. Rights and duties.— The rights and duties of all weigh- 
 masters shall be prescribed by said State superintendent of weights 
 and measures, and such weighmasters shall not receive compensation 
 from the State for the duties so performed. 
 
 Sec. 3. Form of weight certificate, "by whom prescribed; information it 
 shall contain; prima facie evidence, when. — The State superintendent 
 of weights and measures shall also prescribe the form of weight certi- 
 ficate to be used by all public weightmasters in this State. Such certi- 
 ficate shall state thereon the kind of commodity, produce or article, the 
 number of units of the same, the date of the receipt of the commodity, 
 produce or article, the owner, agent or consignee, the total weight of 
 the commodity, produce or article, the vessel, railroad, team, truck 
 or other means by which the commodity, produce or article was re- 
 ceived, and any trade or other mark thereon, and such other informa- 
 tion as may be necessary to distinguish or identify the commodity, 
 produce or article from a like kind. No certificate other than the one 
 herein prescribed shall be used by any public weighmaster in this 
 State, and such certificate, when so made and properly signed, shall 
 be prima facie evidence of such weights. 
 
 Sec. 4. Seal of weighmaster. — It shall be the duty of every weigh- 
 master in this State to provide himeslf with a seal, at his own expense, 
 which seal shall have inscribed on the outer margin thereof his name 
 and the words " New Jersey," with the words " Public weigher " in- 
 scribed in center of said seal, which seal shall be impressed upon each 
 and every weight certificate issued by such weighmaster, and said seal, 
 when applied to weight certificates, shall be a recognized authority of 
 accuracy. 
 
 Sec. 5. Records of weighings. — All public weighmasters shall keep 
 and preserve correct and accurate records of all public weighings as 
 provided by this act, which records shall be open at all times for in- 
 spection by the State superintendent of weights and measures or his 
 assistants. 
 
 Sec. 6. Certificates to contain accurate and correct weights ; false certifi- 
 cates, penalty for issuing. — All certificates of weights and measures, 
 as provided by this act, shall contain the accurate and correct weight 
 of any and all commodities weighed when issued by the public weipfh- 
 master. 
 
 Any weighmaster who shall issue a certificate of weights and meas- 
 ures, giving a false weight or measure of any article or commodity 
 
NEW JERSEY 549 
 
 weighed or measured by him. or his representative to any person, 
 firm or corporation, shall, upon being found guilty of such offense, 
 pay a fine of not less than one hundred dollars nor more than five 
 hundred dollars, and, in addition, shall forfeit his certificate as 
 weighmaster, which _ certificate, when so forfeited, shall be turned 
 over the State superintendent of weights and measures. 
 
 Sec. 7. Requesting weighmaster to issue false certificate ; unauthorized 
 person acting as weighmaster; penalty. — Any person, firm or corpora- 
 tion who shall request a weighmaster to "weigh any product, com- 
 modity or article falsely or incorrectly, or who shall request a false or 
 incorrect certificate of weight or measure, or any person issuing a 
 certificate of weights and measures who is not a weighmaster as 
 provided for in this act, shall, upon being found guilty, pay a fine 
 of not less than one hundred dollars nor more than five hundred 
 dollars. 
 
 Sec. 8. Reweighing of article by State superintendent, when. — When 
 doubt or differences arise as to the correctness of the net or gross 
 weight of any amount or part of any commodity, produce or article 
 for which a certificate of weights and measures has been issued by 
 a public weighmaster, the owner, agent or consignee may, upon com- 
 plaint to the State superintendent of weights and measures, or his 
 assistants, have said amount or part of the amount of any com- 
 modity, produce or article reweighed by the State superintendent 
 of weights and measures or his assistants, or a public weighmaster 
 designated by him, the services for which reweigh, when performed 
 by the said State superintendent of weights and measures or his 
 assistants, shall be gratis. 
 
 Sec. 9. Term of appointment of weighmaster. — The term of appoint- 
 ment for weighmasters shall be for three years, and a fee of five 
 dollars shall be paid by each person appointed or designated as 
 weighmaster to the State superintendent of weights and measures, 
 which fee shall be turned over to the treasurer of the State by the 
 said State superintendent of weights and measures: Provided, That 
 a similar fee as provided in this section shall be required for all 
 renewals of appointments or designations as weighmasters, which fee 
 shall also be turned into the treasury of the State by the State super- 
 intendent of weights and measures. 
 
 Comp. Stats., 1910, Vol. 2, p. 1483. 
 
 Sec. 152 (1897). Oyster bushel measure; penalty. — All oysters meas- 
 ured in this State shall be measured in a circular bushel tub, with 
 straight sides and straight solid bottom, and said tub shall have 
 the following dimensions, viz: Fifteen inches in diameter across 
 the top from inside to inside, and thirteen inches and three-quarters 
 across the bottom from inside to inside, and twenty inches diagonal 
 from inside chime to top; any person or persons engaged in buying 
 or selling oysters in the shell in this State and measuring the same 
 in any measure contrary to the provisions of this section of this act, 
 shall be deemed guilty of a misdemeanor, and upon conviction there- 
 of shall be punished by a fine of not exceeding one hundred dollars 
 or imprisonment in the county jail not exceeding ninety days, or 
 both, at the discretion of the court; the proceeds of said fine to go, 
 one-half to the Delaware Bay Oyster Tongers' Association and one- 
 half to the informer. 
 
550 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Laws, 1924, ch. 234, p. 520. 
 
 Sec. 2. Condensed, evaporated or concentrated skimmed milk to be put 
 up in containers holding five pounds, net weight. — No person shall dis- 
 tribute or sell or manufacture for distribution or sale or have in his 
 possession with intent to distribute or sell, any condensed, evaporated 
 or concentrated skimmed milk, whether with or without the addition 
 of sugar, and whether as such or compounded with any other sub- 
 stance, in hermetically sealed cans or receptacles, unless each said 
 can or container shall contain at least five (5) pounds net weight 
 and bear the name and address of the manufacturer or distributor 
 distinctly branded, indented, labeled or printed thereon, * * *. 
 
 Comp. Stats., 1910, Vol. 4, p. 5854. 
 
 Sec. 32 (1877). Brands for packages of butter or cheese; name of 
 manufacturer and weight of vessel; penalties. — That every cooper or 
 manufacturer of firkins, tubs or other vessels for the package of 
 butter or cheese, shall brand in legible letters and characters, upon 
 every such firkin, tub or vessel by him manufactured, his name, 
 together with the actual and true weight of such firkin, tub or 
 vessel, and if any cooper or manufacturer shall dispose of any such 
 firkin, tub or vessel without such brand, or shall falsely brand the 
 same, he shall forfeit and pay to such person as shall prosecute for 
 the same, the sum of twenty-five dollars; to be recovered by action 
 of debt in any court of competent jurisdiction. 
 
 Sec. 33. Brands; penalties for defacing; alteration. — That it shall not 
 be lawful for any person to sell and dispose of any butter or cheese 
 packed or placed in any firkin, tub or vessel manufactured or made 
 for such purpose in this State, unless such firkin, tub or vessel shall 
 be branded in the manner provided in the first section of this act, 
 and if any person shall disregard this provision or shall alter or 
 purposely deface the brand which may be made under the direction 
 of this act, every such person shall forfeit and pay the sum of 
 twenty-five dollars to such person as shall sue for the same, to be 
 recovered in an action of debt, in any court of competent jurisdiction. 
 
 Sec. 34 (1907). Standard measure for sale of milk. — No person or 
 corporation shall hereafter sell, offer for sale, or receive for the 
 purpose of sale, any milk, skimmed milk or cream, except such sale, 
 offer or receipt for sale, shall as to quantity be based upon the liquid 
 gallon, containing two hundred and thirty-one cubic inches, or the 
 liquid quart, containing fifty-seven and seventy-five one hundredths 
 cubic inches, or the proper and complete liquid subdivisions thereof. 
 
 Sec. 35. Marking of milk cans. — Any cans originally containing 
 more or less than forty quarts of milk or cream shall be labeled or 
 tagged, naming in quarts the original capacity of liquid measure 
 of such cans of milk or cream, but no can originally containing 
 forty quarts liquid measure shall be labeled or tagged. 
 
 Sec. 36. May be sold by weight.— Nothing in this act shall be con- 
 strued as prohibiting the buying or selling of milk or cream either 
 by weight or on the butter fat basis. 
 
 Sec. 37. Penalty. — Any person violating any of the provisions of 
 this act shall be liable to a penalty of fifty dollars, to be recovered 
 in an action of debt, before the small cause court, or district court, 
 by any person who may desire to sue therefor, who shall be desig- 
 nated in the state of demand and summons as plaintiff, and when 
 
NEW JERSEY 551 
 
 recovery is had such penalty shall be paid to the county collector of 
 the county in which the said violation occurred. * * * 
 
 Laws, 1913, ch. 263, p. 500. 
 
 Sec. 1. Regulation of meters. — The board of street and water com- 
 missioners in the cities of the first class shall have power and author- 
 ity, to regulate by ordinance, in such city, the use of meters for 
 measuring water; and also for measuring gas or electricity, when 
 used for heat, light or power; and to prescribe the method of in- 
 stallation; and for the supervision of the testing of the same; and 
 also to impose penalties for violation of such ordinance. 
 
 Comp. Stats., 1910, Vol. 4, p. 5848. 
 
 Sec. 9 (1908). Chain. — The standard chain for the measurement 
 of land shall consist of four (4) rods of sixty-six (66) feet. 
 
 Sec. 10. State geologist to keep standard steel tape, etc. — The State 
 geologist is hereby directed and required to preserve in his office a 
 surveyor's hardened steel tape, fifty feet in length, of United States 
 standard measurement, graduated to feet and hundredths, with 
 proper adjustment for temperature, and with a spring balance at- 
 tachment to pull not less than six nor more than seven pounds. The 
 said tape shall be the standard of measurement for the surveying of 
 all land in the State of New Jersey. The said standard shall be 
 subject to the use, in the office of the State geologist, or under his 
 supervision, of any surveyor of this State for the purpose of test- 
 ing chains or tapes used by any such surveyor. 
 
 Suppl., 1911-1915, to Comp. Stats., 1910, p. 602. 
 
 Sec. 1 (1912). Fertilizers, how marked. — All corporations, firms or 
 persons, before selling or offering for sale any commercial fertilizer, 
 in the State of New Jersey, shall brand or attach to each bag, barrel 
 or package in a conspicuous place on the outside thereof a plainly 
 printed statement giving the following particulars and no others : 
 
 (1) The number of pounds of fertilizer contained in the package* 
 
 (2) The name, brand or trade-mark under which the fertilizer is 
 sold. 
 
 (3) The name and principal address of the manufacturer, im- 
 porter or other person putting the fertilizer on the market in this 
 State. * * * 
 
 Sec. 11 (1913). Definition. — The term "agricultural lime" shall be 
 held to include all of the various forms of lime used for agricultural 
 purposes. 
 
 Sec. 12. Conditions of sale; information supplied. — No agricultural 
 lime shall be sold or offered for sale in this State without a plainly 
 printed statement printed or attached to each package, or if it is sold 
 or offered for sale in bulk the statement to accompany the shipment, 
 giving the following information: 
 
 (a) The number of pounds of agricultural lime contained in each 
 package. If the shipment is in bulk, the number of pounds in the 
 shipment. 
 
 (b) The name of the particular form- of the lime. 
 
 (c) The name and principal address of the manufacturer or other 
 person responsible for putting the material on the market in this 
 State. * * * 
 
552 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Suppl., 1911-1915, to Comp. Stats., 1910, p. 732. 
 
 Sec. 53 (1912). Parcels labeled statement. — Every lot or parcel of 
 commercial feeding stuffs sold, offered or exposed for sale or dis- 
 tribution in this State shall have affixed thereto a tag or label, in a 
 conspicuous place on the outside thereof, containing a legible and 
 plainly printed statement in the English language, clearly and truly 
 certifying : 
 
 (a) The net weight of the contents of the package, lot or parcel; 
 
 (b) The name, brand, or trade-mark ; 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market. * * * 
 
NEW MEXICO 
 
 Stats., 1915, ch. 116, p. 1647. 
 
 Sec. 5819 (1913). Standard weights and measures. — All the weights 
 and measures accepted and used try the Government of the United 
 States at the present time, except as herein provided, shall be deemed 
 the lawful standard weights and measures of the people of this State. 
 
 Sec. 5820 (1867). Yard substituted for vara. — The vara measure is 
 suppressed, substituting in lieu thereof as the legal measure in this 
 State, the yard, this being the measure generally approved in the 
 United States. 
 
 Sec. 5821 (1913). Office of public weighmaster created; deputies; ap- 
 pointment; oath. — The office of public weighmaster is hereby estab- 
 lished, and the sheriffs are hereby declared 1o be ex-officio public 
 weighmasters for their respective counties. 
 
 The public weighmaster shall appoint one or more deputy weigh- 
 masters for his county, who may be regular deputy sheriffs, which 
 deputies shall have all the powers conferred upon the public weigh- 
 master, and shall be liable to all the penalties to the same extent 
 as the public weighmaster for violation of the provisions of this 
 chapter. All such deputies shall keep a record of their transactions 
 as herein prescribed for the public weighmaster, which record 
 shall be open at all times to public inspection, and all deputy 
 weighmasters appointed under the provisions of this chapter shall, 
 before entering upon the duties of their offices, take and subscribe 
 lo an oath for the faithful performance of their duties. 
 
 Sec. 5822. Weighmaster's office at county seat; records; expenses. — The 
 public weighmaster shall keep his office at the county seat of his 
 county, and the county shall provide record books and blanks, and 
 actual expenses incurred in connection with his office shall be paid 
 out of the county current expense fund, upon warrants drawn by the 
 county commissioners, supported by verified itemized statements of 
 the weighmaster. All books, reports or other records in the office 
 of such public weighmaster shall be delivered to his successor in 
 office. 
 
 Sec. 5823. Record of inspection of scales; certificate. — It shall be the 
 duty of the public weighmaster to procure a record book for his 
 office and a record book for each deputy weighmaster, such book to 
 contain blank certificates, and upon the inspection of any scales 
 berein required to be inspected, it shall be the duty of the weigh- 
 master or the deputy, in case said scales be found to conform to the 
 standard of weights for this State, to deliver to the owner thereof 
 a certificate to that effect. A copy of such certificate shall be pre- 
 served as a permanent record in the office of the public weighmaster. 
 
 Sec. 5824. Duty of weighmaster and deputies. — It shall be the duty 
 of the public weighmaster of each county, in person or by his deputy, 
 
 553 
 
554 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 to inspect and test all scales used by any and all merchants or per- 
 sons engaged in the business of buying and selling commodities, and 
 such scales shall be tested with the standard weights of this State. 
 Such test shall be made once each six months upon all scales so used, 
 and said public weighmaster or deputy shall make a report in writ- 
 ing, setting forth the date of such test, the result thereof, and spec- 
 ifying the scales so tested. Such report shall be filed in the office 
 of the public weighmaster within thirty days after such inspection. 
 Said public weighmaster or the deputy making such test shall verify 
 each report so filed, stating that the same is a correct, true and exact 
 report of the condition of the scales mentioned therein. 
 
 Sec. 5825. Petition for inspection. — Whenever as many as five citi- 
 zens sign a written request to the public weighmaster for an official 
 inspection of any such scales, such public weighmaster shall forth- 
 with comply with such request and make or have made such in- 
 spection and test, not oftener however than once each thirty days; 
 or, if the public weighmaster has reasonable cause to believe that 
 any such scales have been altered after inspection, he shall thereupon 
 inspect the same, but if found unaltered no charge for such inspec- 
 tion shall be made. 
 
 Sec. 5826. Misstatement by weighmasters ; penalty. — Any public 
 weighmaster or deputy making a misstatement of facts, or who 
 reports any scale to be in a condition other than its true condition, 
 or who knowingly omits from inspection any scale or violates any 
 of the provisions of this chapter, shall be deemed guilty of a misde- 
 meanor, and upon conviction shall be punished by fine of not less 
 than fifty dollars nor more than five hundred dollars or by im- 
 prisonment for not less than thirty days nor more than ninety days 
 or both such fine and imprisonment. 
 
 Sec. 5827. Secretary of state to keep standards of weights and meas- 
 ures. — The secretary of state shall procure and keep in his office the 
 following standards of weights, which shall conform in every par- 
 ticular to the United States standards of weights: One fifty pound 
 weight, one twenty-five pound weight, one ten pound weight, one 
 five pound weight, one one pound weight, one one-half pound 
 weight, one one-quarter pound weight, one one-eighth pound weight, 
 one one-sixteenth pound or one ounce weight, one set of apothecaries 
 weights from one pound to one grain, which weights are hereby de- 
 clared to be the legal standards of weights for this State. Said 
 secretary of state shall be charged with the custody and be account- 
 able to the State for the proper use and care of the same. Such 
 standards shall be used only for testing the standards provided for 
 in this chapter. 
 
 Sec. 5828. Secretary of state to furnish duplicate standards. — The sec- 
 retary of state shall procure, test, and deliver to each county dupli- 
 cates of said standard weights. 
 
 Sec. 5829. County commissioners shall procure duplicate weights; 
 penalty. — The board of county commissioners of each county shall 
 procure from the secretary of state a sufficient number of such dupli- 
 cates of weights as may be necessary for the use of the public weigh- 
 master and deputies in such county, which duplicate weights shall be 
 paid for by the county, and be delivered to the public weighmaster. 
 Any failure upon the part of the county commissioners to comply 
 
NEW MEXICO 555 
 
 with the provisions of this section shall be deemed a misdemeanor, 
 and upon conviction shall subject any such offending official to a fine 
 of not less than twenty dollars nor more than two hundred dollars. 
 
 Sec. 5830. Duplicate weights furnished deputies. — The public weigh- 
 master is hereby required to deliver to each deputy such duplicate 
 weights as may be necessary for making the tests required by this 
 act, and shall be responsible under his bond as sheriff for their 
 delivery to his successor in office. 
 
 Sec. 5831. Fees to deputy weighmaster. — The deputy public weigh- 
 master shall be entitled to demand and receive to his own use for the 
 inspection provided for in this act the following fees : 
 
 For inspecting railroad and track scales of capacity of 20 tons and 
 
 upwards, each $1. 50 
 
 For inspecting scales of from 3 to 20 tons capacity each 1. 00 
 
 For inspecting dormant scales, each 1. 00 
 
 For inspecting movable platform scales, each . 25 
 
 For inspecting beams weighing 100 lbs. and upwards, each .25 
 
 For inspecting hopper scales, each 1. 00 
 
 For inspecting counter scales, each . 25 
 
 For inspecting each balance, beam, steelyard or other instrument used for 
 
 weighing other than those above enumerated . 25 
 
 Sec. 5832. Public scales; sale of hay and v/ood; regulations. — The 
 council of every incorporated city, town or village shall prescribe 
 rules for the weighing of commodities upon any scales operated 
 therein by any person, firm or corporation for the use of the public, 
 and shall regulate the charges therefor, and shall designate the place 
 or places where hay and wood may be exposed for sale by persons 
 having no fixed place of business in such city, town or village. And 
 any failure upon the part of the council to comply with the pro- 
 visions of this section shall be deemed a misdemeanor and upon con- 
 viction shall subject any such offending official to a fine of not less 
 than fifty dollars nor more than five hundred dollars. 
 
 Sec. 5833. Sale of bread. — The council of any city, town or village 
 shall have power to regulate the sale of bread and prescribe the 
 weight and quality in the loaf. 
 
 Sec. 5834. Bushel measure defined. — Whenever the articles herein- 
 after named shall be sold by the bushel, and no special contract or 
 agreement shall be made to the contrary, the bushel shall consist of 
 the following number of pounds, viz : 
 
 Pounds 
 
 Com in the ear, unhusked 72 
 
 Corn meal 50 
 
 Corn, shelled 56 
 
 Cucumbers 48 
 
 Cotton seed 32 
 
 Flax seed 56 
 
 Hemp seed 44 
 
 Hungarian grass seed 50 
 
 Indian corn 56 
 
 Kaffir corn 56 
 
 Lime, unslacked 80 
 
 Millet seed 50 
 
 Oats 32 
 
 Onions 57 
 
 Onion bottom sets 32 
 
 Onion top sets 30 
 
 Orchard grass seed 14 
 
 Parsnips 42 
 
 Pounds 
 
 Alfalfa seed 60 
 
 Apples 45 
 
 Apples, dried 24 
 
 Barley 48 
 
 Beans 60 
 
 Beets 56 
 
 Bermuda grass seed 40 
 
 Blue grass seed 14 
 
 Bran 20 
 
 Buckwheat 52 
 
 Carrots 50 
 
 Castor beans 46 
 
 Cement 80 
 
 Charcoal 20 
 
 Clover seed 60 
 
 Coal, mineral 80 
 
 Coke -- 40 
 
 Com in the cob - 70 
 
556 
 
 T,AWS CONCERNING WETGHTS AND MEASURES 
 
 Pounds 
 
 Rape . 50 
 
 Rutabagas 50 
 
 Rye 56 
 
 Sand 130 
 
 Sorghum seed 50 
 
 Timothy seed 45 
 
 Tomatoes 50 
 
 Turnips 56 
 
 Wheat 60 
 
 Pounds 
 
 Peaches 48 
 
 Peaches, dried 33 
 
 Peanuts 22 
 
 Pears 48 
 
 Peas 60 
 
 Pop corn in the ear 70 
 
 Pop corn, shelled 56 
 
 Potatoes 60 
 
 Potatoes, sweet 50 
 
 Quinces 48 
 
 Sec. 5835. Perch of masonry defined. — A perch of mason work, or 
 stone, is hereby declared to consist of sixteen and one-half feet cubic 
 measure. 
 
 Sec. 5836. Ton of hay defined. — Unless otherwise agreed upon, a ton 
 of hay, when sold by weight, shall consist of two thousand pounds; 
 or, when sold b}' measurement, when loose upon a wagon or freshly 
 stacked, five hundred twelve cubic feet; when stacked thirty days 
 and less than sixty days four hundred twenty-two cubic feet; and 
 when stacked over sixty days three hundred and eighty cubic feet. 
 
 Sec. 5837 (1901). Rule established for measuring hay. — The follow- 
 ing rule and method of measuring loose hay in the stack, and specify- 
 ing the cubical contents of a ton of loose hay, is hereby established. 
 
 Sec. 5838. Measuring a stack of hay; tonnage of hay stacked twenty 
 days and for hay stacked sixty days. — Measure the stack for length, 
 width, and the " over," to get the " over," throw a tape line over the 
 stack at an average place, from ground to ground, drawing it tightly. 
 
 Multiply the width by the over and divide this result by four. 
 
 Multiply result of division 7 by the length, for approximate cubical 
 contents of stack. 
 
 To reduce to tons, for hay that has stood in stack less than 20 days, 
 divide cubical contents by 512, for more than 20 and and less than 
 60 days divide cubical contents by 422, for more than 60 days divide 
 cubical contents by 380. 
 
 Example. Stack measures 17 feet wide, 58 feet long, and 36 feet 
 over. Stack has stood 15 days. 
 
 Multiply 17 by 36 equals 612. 
 
 Divide 612 by 4 equals 153. 
 
 Multiply 153 by length 58 equals 8874 which gives the cubical 
 contents in feet. 
 
 Divide 8874 by 512 equals 17 T % tons in stack. 
 
 Sec. 5839 (1913). Definition of ton; short weight; penalty. — When 
 any commodity is sold by the ton, unless otherwise agreed upon, a 
 ton shall consist of two thousand pounds. 
 
 Whoever shall sell or deliver a less quantity than prescribed in the 
 foregoing sections of this act for a ton shall be deemed guilty of a 
 misdemeanor. 
 
 Sec. 5840. Gallon measure defined; short measure; penalty; test sam- 
 ples of gasoline. — Whenever any of the following-named articles shall 
 be sold or delivered by wholesale or in the original package within 
 the State of New Mexico, unless otherwise provided by contract, 
 such sale and all compilations for payment and settlement there- 
 for shall be by weight. The weight per gallon shall be not less 
 than as follows: 
 
NEW MEXICO 557 
 
 Pounds 
 
 Naphtha 6}4 
 
 Kerosene oil 6J^ 
 
 Paraffine oil 7J-£ 
 
 Castor oil 8 
 
 Olive oil 7% 
 
 Linseed oil, raw 73^ 
 
 Linseed oil, boiled 7J^ 
 
 Menhaden oil 7H 
 
 Pounds 
 
 Cod liver oil 7J-6 
 
 Whale oil L__ 7J^ 
 
 Lard oil 7M 
 
 Neat's foot oil 7J^ 
 
 Sperm oil 7J4 
 
 Turpentine 7 
 
 Miner's oil 7J^ 
 
 Gasoline G-fe 
 
 Whoever in selling by retail or wholesale any of the said articles 
 shall sell or deliver any less number of pounds to the gallon than 
 is prescribed in this section shall be deemed guilty of a misdemeanor 
 and upon conviction shall be fined not less than fifty dollars and not 
 more than five hundred dollars for each offense, and shall be liable 
 to the injured party in double the amount of the damages sustained 
 to be recovered in any court of competent jurisdiction. 
 
 The public weighmaster of each county shall procure by pur- 
 chase, in the open market of his county, once each year, a sample 
 of gasoline, not less than four ounces, which he shall immediately 
 transmit to one of the public inspectors. The expense of the pur- 
 chase and transmission of said sample shall be paid by the county 
 wherein they are procured. 
 
 See. 5841. Sale of dry commodities. — All dry commodities not other- 
 wise specified in this chapter shall be sold only by standard dry 
 measure, standard weight, or numerical count, except where parties 
 otherwise agree. 
 
 Sec. 5842. Size of fruit boxes. — The standard size of an apple box 
 shall be eighteen inches long, eleven and one-half inches wide, ten 
 and one-half inches deep, inside measurement. 
 
 The standard size of a pear box shall be eighteen inches long, 
 eleven and one-half inches wide, and eight inches deep, inside 
 measurement. 
 
 Sec. 5843. Size of boxes for small fruits. — Berries and small fruits 
 whenever sold in boxes shall be sold in boxes each containing a stand- 
 ard liquid quart or liquid pint, and, if any such box contains less 
 than this quantity, the information must be given to the purchaser 
 by such package being labeled with a statement of the net contents. 
 
 Sec. 5844. Milk measures; other liquid measures. — All milk or cream 
 that shall be sold in bottles shall be sold only in bottles containing 
 quarter pints, half pints, pints, quarts, half-gallons or gallons. All 
 other liquid commodities shall be sold only by standard liquid meas- 
 ure or standard weight, except where parties otherwise agree. 
 
 Sec. 5845. Butter weight. — A print or package of butter shall con- 
 tain sixteen ounces avoirdupois, and when a print or package of but- 
 ter containing less than sixteen ounces avoirdupois shall be sold, its 
 net weight shall be disclosed by the seller to the buyer, by such 
 package being labeled with a statement of the net weight. 
 
 Sec. 5846. Violation of act; misdemeanor; penalty. — Any violation of 
 the five preceding sections shall be deemed a misdemeanor, and upon 
 conviction shall subject any such offender to a fine of not less than 
 ten dollars nor more than one hundred dollars for each offense, or 
 by imprisonment of not less than thirty days nor more than ninety 
 days or both such fine and imprisonment. 
 
 Sec. 5847. Ice weights. — Any dealer in ice who neglects to provide 
 scales for each wagon used by him for the delivery of ice, or who 
 
558 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 refuses or neglects to weigh the same when delivering to purchaser, 
 or gives false weight, shall for each such offense be punished by a 
 fine of not more than fifty dollars. 
 
 Sec. 5848. Coal weight. — All retail dealers of coal shall furnish to 
 the person to whom any sale of coal has been made a ticket or cer- 
 tificate stating the exact nulnber of pounds of coal so sold and, in 
 the event that the number of pounds of coal delivered by said retail 
 dealer to the purchaser thereof is less than the amount stated in 
 said ticket or certificate, said retail dealer shall be punished for each 
 such offense by a fine of not more than fifty dollars. 
 
 Sec. 5849. Hay sold in bales; weights. — Hay and straw sold in 
 bundles or bales shall be sold by weight, and any person who shall 
 charge or receive pay for a greater number of pounds than is con- 
 tained in any such bundle or bale at the time of delivery thereof shall 
 be deemed guilty of a misdemeanor, and upon conviction shall be 
 fined not less than ten dollars nor more than fifty dollars. 
 
 Sec. 5850. False weights and adulterated goods; penalty. — Every per- 
 son selling any hops, cotton, hay or other goods sold in bags, bales, 
 boxes, barrels or packages, by weight, who puts into or conceals 
 therein anything whatever for the purpose of increasing the weight 
 or adulterating the contents of such bag, bale, box, barrel or package, 
 is punishable by a fine or not less than twenty-five dollars nor more 
 than one hundred dollars for each such offense. 
 
 Sec. 5851. Warehouse scales to be tested; false weights; penalty. — All 
 scales used for the weighing of property in public warehouses shall 
 be subject to examination and test by any duly authorized public 
 weighmaster, the expense of such tests to be paid by such warehouse 
 man, and no scales shall be used for the weighing of grain or any 
 other article after having been found incorrect, until put in order and 
 found accurate and approved for further use by an authorized public 
 weighmaster, and any person violating any of the provisions of this 
 section shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined not less than fifty dollars nor more than five 
 hundred dollars. 
 
 Sec. 5852. Marking packages; failure to comply; penalty. — The cor- 
 rect name and true weight of the contents of each and every barrel, 
 sack, bale, cask, box or package of any and all mill products, whether 
 sold in single packages or lots, shall be plainly marked, branded or 
 stenciled in letters and figures not less than one inch in length and 
 not less than one-sixteenth of an inch in width, upon the exterior of 
 such barrel, box, sack, bale, cask or package, in a conspicuous place 
 on the head in case of barrel, and the front or branded side in case of 
 sacks, bales, boxes or packages, and it shall be unlawful for any per- 
 son, to sell or exchange any such product so packed or contained un- 
 til the provisions hereof have been complied, with. 
 
 If any person shall violate the provisions of this section, he shall 
 be guilty of a misdemeanor, and upon conviction shall be punished 
 by a fine of not less than twenty-five dollars, nor more than one 
 hundred dollars, and each violation shall be deemed a separate 
 offense. 
 
 Sec. 5853. Interfering with weighmaster ; using false scales, etc. ; false 
 marks on packages; penalty. — Any person who shall impede, obstruct, 
 hinder or interfere with any public weighmaster or other person in 
 the performance of his duties as prescribed by this chapter; who sh*J! 
 
NEW MEXICO 559 
 
 conceal from the public "weighmaster any scales in his possession; 
 who shall knowingly mark or stamp false or short weight or false 
 tare on any cask or package, or knowingly sell or offer for sale any 
 cask or package so falsely marked or which contains less than the 
 quantity which he represented to contain; or who shall knowingly 
 use any false balance or weight or measure in the weighing or measur- 
 ing of anything whatever that is purchased, sold, bartered, shipped 
 or delivered for sale or barter, or that is pledged or given in pay- 
 ment shall be deemed guilty of a misdemeanor, and upon conviction 
 shall be punished by a fine not less than twenty-five dollars, nor 
 more than five hundred dollars or by imprisonment for not less than 
 thirty days nor more than ninety days, or by both such fine and 
 imprisonment. 
 
 Sec. 5854. Owners notify weighmaster of uninspected scales. — Any 
 person owning or having in his possession any scale used for weigh- 
 ing, which scale has not been inspected as provided in this chapter, 
 shall immediately notify the public weighmaster that he owns or has 
 in his possession such a scale which has not been inspected as herein 
 provided. Should any person fail to so notify the public weigh- 
 master when owning or having in his possession such a scale, he 
 shall be deemed guilty of a misdemeanor, and upon conviction shall 
 be punished by a fine of not less than twenty dollars nor more than 
 two hundred dollars or by imprisonment for not less than thirty 
 days nor more than ninety days, or by both such fine and imprison- 
 ment. 
 
 Sec. 5855. " Person " denned. — The word " person " as used in this 
 chapter shall be construed to include a person, firm, company, cor- 
 poration or association, whether acting as principal, agent or em- 
 ploye. 
 
 Sec. 5856. Weighmasters may make arrests; seizure of false scales. — 
 Every public weighmaster or his deputy is authorized and required 
 to arrest any person violating any or the provisions of this chapter, 
 and to seize any false scales, weights or measures being used by any 
 such person and to deliver the same to the magistrate before whom 
 the person so arrested is taken. 
 
 The magistrate to whom any scale, weight or measure is delivered 
 pursuant to this section shall cause the same to be tested by com- 
 parison with standards required by this chapter ; and, if he finds it to 
 be false, he shall cause it to be destroyed, if the case against the person 
 accused of using the same has been disposed of, otherwise to be 
 delivered to the district attorney of the county in which the accused 
 is liable to indictment or trial. 
 
 Upon conviction of the accused, such district attorney shall cause 
 any scale, weight or measure in respect whereof the accused stands 
 convicted, and which remains in the possession or under the control 
 of such district attorney, to be destroyed. 
 
 Laws 1921, ch. 158, p. 335. 
 
 Sec. 1. Office of public weigher. — The office treated of in this title 
 shall be styled the " office of public weigher." 
 
 Sec. 2. Board of county commissioners may appoint weigher, when. — 
 The board of county commissioners of any county in the State of New 
 Mexico, when presented by a petition signed by twenty per cent of 
 517—26 36 
 
560 LAWS CONCEBNING WEIGHTS AND MEASUEES 
 
 the qualified voters of any justice precinct in the county praying for 
 the appointment of a public weigher or public weighers for said pre- 
 cinct, shall appoint one or more suitable persons for public weighers 
 for said justice precinct ; the number of public weighers shall be de- 
 termined by said board. 
 
 Sec. 3. Public weighers must be qualified electors. — No person shall 
 be appointed a public weigher, unless he shall be a qualified elector in 
 the justice precinct for which he is appointed. 
 
 Sec. 4. Must not be interested in purchase or sale of things weighed. — 
 No person shall be appointed public weigher, or deputy weigher, who 
 is interested in the purchase or sale of livestock, cotton, wool, grain, 
 or coal to be weighed, either as principal, agent, factor, commission 
 merchant or employe. 
 
 Sec. 5. Office may be abolished, when. — After the office of public 
 weigher has been established for two years, the board of county com- 
 missioners of said coimty shall upon petition to abolish said office 
 signed by qualified voters at least one-half in number of the whole 
 vote cast for governor at the last preceding election in the public 
 weigher's precinct, declare such office abolished to be effective within 
 thirty days after presentation of such petition ; and no public weigher 
 shall be appointed in such precinct for two years thereafter. 
 
 Sec. 6. Oath and bond. — Every person appointed public weigher, 
 shall take the oath of office prescribed by the constitution for other 
 officers, and shall execute a bond with good and sufficient sureties in 
 the sum of two thousand dollars, to be approved by the board of 
 county commissioners of such county, and payable to the State of 
 New Mexico, conditioned upon the faithful and impartial perform- 
 ance of the duties of the office. 
 
 Sec. 7. Duties of public weighers. — When a person is appointed pub- 
 lic weigher and shall have qualified as provided in section 3, he shall 
 enter upon the duties of his office and weigh, without unnecessary 
 delay, all grain, cotton, wool, hay, coal, livestock or other commodi- 
 ties required to be weighed by him. He shall provide suitable and 
 convenient place or places of easy access to the public in which to 
 perform his duties. He shall deliver to the owner, a certificate or 
 statement, written in ink or indelible pencil, setting forth the gross 
 and net weight of such grain, hay, wool, livestock or other commodi- 
 ties weighted by him, over his official signature. He shall keep in a 
 well-bound book a record of all articles weighed by him, giving the 
 name of owner and weight of article or load, which book shall be 
 open at all reasonable hours for the inspection of the public ; and he 
 shall, upon application therefor by anyone, issue certified copies of 
 such certificates, for which he may charge the sum of ten cents, in- 
 cluding certificate thereto. The provisions of this article shall also 
 apply to private weighers who are engaged in weighing for the 
 public, as well as public weighers- 
 Sec. 8. Appointment of deputies. — The public weigher shall have the 
 power and authority to appoint as many deputies for his weighers 
 precinct as may be necessary to enable them to expeditiously weigh 
 all grain, wool, livestock, coal or other commodities offered to be 
 weighed in the weigher's or justice precinct, for which they are 
 appointed. The public weigher shall be responsible to the county 
 for the faithful performance of the duties of deputies appointed by 
 him. He may require of them a bond with good and sufficient surety 
 
NEW MEXICO 561 
 
 in the sum of one thousand dollars, and conditioned for the faithful 
 performance of their duties; and the public weigher shall have the 
 right to recover in any court having jurisdiction satisfaction on 
 said bonds for any damage sustained by reason of said deputy or 
 deputies for any failure to properly perform the duties of the office. 
 
 See. 9. Duties and responsibilities. — All public weighers appointed 
 under the provisions of this chapter shall keep accurate and well 
 adjusted scales and balances and give accurate weights, and shall 
 keep the same tested and certified to as provided by law. Each 
 public weigher shall be held responsible for the official acts of the 
 deputies, and shall be liable to suits for all damages that may be 
 accrued to any person or persons by reason of the failure to perform 
 the official duties, or the violation of any of the provisions of this 
 chapter; and the bonds shall not be void upon the first recovery, 
 but may be sued on from time to time, in the name of the person 
 or persons injured until the whole thereof is recovered. 
 
 Sec. 10. Unlawful to employ other public weighers, when.— It shall 
 not be lawful for any factor, commission merchant, or other person 
 or persons, to employ any other public weigher or his deputies, to 
 weigh any hay, grain, wool or any other product sold or offered for 
 sale in any city or justice precinct having a public weigher duly 
 qualified ; and any person or persons violating the provisions of this 
 section shall be liable to the suit of the public weigher of such city 
 or justice precinct, to damages in any sum not less than five dollars 
 for each ton of hay, grain, coal, sack of wool, bale of cotton, so 
 unlawfully weighed to be recovered in any court having jurisdic- 
 tion thereof. 
 
 See. 11. Any person may weigh own products; may weigh for others, 
 when. — Nothing in this chapter shall prevent any person, firm, or 
 corporation from weighing his own produce in person, provided, 
 that in places where there are no public weighers appointed any 
 
 ?>erson who shall weigh cotton, wool, grain, hay and other products 
 or compensation shall be required before weighing such product 
 to enter into a bond with at least two good and sufficient sureties 
 in the sum of two thousand dollars, approved and payable as in 
 the case of the public weigher referred to in this section, and con- 
 ditioned that he will faithfully perform the duties of his office and 
 turn over all property weighed by him on demand of the owner: 
 Provided, That this section shall not apply to merchant flouring 
 mills. 
 
 Sec. 12. Penalty. — Any weigher who qualifies under the preceding 
 section and shall violate any of the provisions or fail to comply with 
 any of such provisions, 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. 
 Sec. 13. Fees. — Public weighers shall receive the following fees: 
 
 For each bale of cotton, not exceeding $0. 10 
 
 For each load of wool, not exceeding . io 
 
 For each load or part of load of hay or grain . io 
 
 For each bale of hides .10 
 
 For each loose hide .02 
 
 For each load or part of load of coal .10 
 
 For each barrel , .05 
 
 For each load or part of load of broom corn . 10 
 
 For each load or part of load of livestock .10 
 
 Sfcj 
 
562 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 And he shall not be obliged to deliver any such article so weighed 
 until the same therefore shall have been paid. 
 
 Laws, 1923, ch. 45, p. 66. 
 
 Sec. 4. Weight to be marked on bale of cotton. — Each and every 
 ginner shall well and truly mark each bale with the initials of the 
 owner and weight and number of the bale ; * * * 
 
 Laws, 1921, ch. 16, p. 20. 
 
 Sec. 1. Public weighmasters in cities, towns and villages. — That the 
 office of the public weighmaster be, and the same is hereby, estab- 
 lished in such cities, town and villages of the State of New Mexico, 
 as shall by ordinance avail themselves of the provisions of this act. 
 
 Sec. 2. How appointed. — That such public weighmaster shall be 
 nominated by the mayor and confirmed by the city council or board 
 of trustees of the several municipalities of said State, which avail 
 themselves of the provisions of this act, as provided in section 1 
 hereof, as other appointive officers are nominated and, confirmed in 
 the municipal corporations of said State. 
 
 Sec. 3. Powers and duties. — That the powers and duties of such 
 municipal public weighmaster shall be the same as those now pro- 
 vided by law in Chapter CXVI of the New Mexico Statutes, codi- 
 fication of 1915 for public weighmasters, and he shall receive the 
 same fees as are therein provided for public weighmasters. 
 
 Sec. 4. Office, where kept. — That the municipal public weighmaster 
 shall keep his office at such place in the municipality as may be 
 provided by the city council or board of trustees of such munic- 
 ipality. 
 
 Sec. 5. Procuring of standards. — That the city council or board of 
 trustees of such municipality shall procure from the secretary of 
 state such duplicates of standard weights as may be necessary for 
 the use of such public weighmaster in such municipality, which 
 duplicate weights shall be paid for by the municipality and deliv- 
 ered to the municipal public weighmaster. 
 
 Sec. 6. Jurisdictions of municipal public weighmasters. — That the mu- 
 nicipal public weighmaster shall have exclusive jurisdiction in the 
 matter of testing weights and measures within such municipality, to 
 the exclusion of the public weighmaster, provided for in said 
 Chapter CXVI. 
 
 Sec. 7. Appointment of deputies. — That said municipal public weigh- 
 master may appoint such deputies as may be needed, by and with the 
 consent of the city council or board of trustees of such municipality, 
 which has availed itself of the provisions of this act as provided in 
 section 1 hereof. 
 
 Stats., 1915, ch. 75, p. 1028. 
 
 Sec. 3531 (1884). Population. — Every municipal corporation having 
 a population of three thousand and upwards shall be a city, and 
 every municipal corporation having a population of fifteen hundred 
 shall be deemed an incorporated town. 
 
 Sec. 3564 (al897). City councils and boards of trustees, powers; sale of 
 bread; inspection of merchandise; weights and measures; weights and 
 measures, use by venders; licensing certain business. — The city coun- 
 cil and board of trustees in towns shall have the following 
 powers: * * * 
 
NEW MEXICO 563 
 
 Twenty-second. To regulate the sale of bread in the city or town, 
 prescribe the weight and quality of the bread in the loaf. * * * 
 
 Twenty-fourth. To regulate the inspection, weighing and measur- 
 ing of brick, lumber, firewood, coal, hay and any article of mer- 
 chandise. 
 
 Twenty-fifth. To provide for the inspection and sealing of weights 
 and measures. 
 
 Twenty-sixth. To enforce the keeping and use of proper weights 
 and measures by venders. 
 
 Sixty-first. To tax, license and regulate * * * public 
 scales. * * * 
 
 Stats., 1915, ch. 114, p. 1601. 
 
 Sec. 5700 (1907). Water measurement; standards for flow, volume, and 
 miner's unit. — The standard of measurement of the flow of water 
 shall be the cubic foot per second of time ; the standard of measure- 
 ment of the volume of water shall be the acre-foot, being the amount 
 of water upon an acre covered one foot deep, equivalent, to forty- 
 three thousand five hundred and sixty cubic feet. The miner's inch 
 shall be regarded as one-fiftieth of a cubic foot per second in all 
 cases, except when some other equivalent of the cubic foot per 
 second has been specifically stated by contract, or has been estab- 
 lished by actual measurement or use. 
 
 Stats., 1915, ch. 26, p. 491. 
 
 C. 1KC/I /1COQ\ IT™™™ 
 
 Sec. 1564 (1889). Keeping false ore scales, etc. — Any person, associa- 
 tion or corporation, or the agent of any person, association or cor- 
 poration engaged in the business of milling, sampling, concentrating, 
 reducing shipping or purchasing ores, as aforesaid, who shall keep 
 or use any false or fraudulent scales or weights for weighing ore, 
 or who shall keep or use any false or fraudulent assay scales or 
 weights for ascertaining the assay value of ore, knowing them to be 
 false, every person so offending shall be deemed guilty of a mis- 
 demeanor, and on conviction thereof shall be fined in a sum not 
 exceeding one thousand dollars, nor less than one hundred dollars, 
 or imprisonment not more than one year, or both, at the discretion 
 of the court. 
 
 Stats., 1915, ch. 73, p. 1001. 
 
 Sec. 3498 (1889). Owners of coal mines to provide scales. — That the 
 owner or agent of each coal mine within this State, at which the 
 miners are paid by weight, shall provide at or near such mine suit- 
 able scales of standard make for the weighing of all coal mined. 
 
 Sec. 3499. Weighmaster to be sworn as to duties. — The owner or 
 agent of such mine shall require the person authorized to weigh the 
 coal delivered from said mine to be sworn, before some person having 
 authority to administer an oath, to keep the scales correctly bal- 
 anced; to accurately weigh and to record a correct account of the 
 amount weighed oi each miner's car of coal delivered from such 
 mine, and such oath shall be kept conspicuously posted at the place 
 of weighing. The record of the coal mined by each miner shall 
 be kept separate and shall be open to his inspection at all reasonable 
 hours, and also for the inspection of all other persons pecuniarily 
 interested in such mine. 
 
564 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 3500. Miners may have competent check weighman. — In all coal 
 mines in this State the miners employed and working therein may 
 furnish a competent check-weighman, who shall at all proper times 
 have full right of access and examination of such scales, machinery 
 or apparatus, and seeing all measures and weights of coal mined and 
 accounts kept of the same : Provided, That no more than one person 
 on behalf of the miners collectively shall have such right of access, 
 examination and inspection of scales, measures and accounts at the 
 same time and that such person shall make no unnecessary interfer- 
 ence with the use of such scales, machinery or apparatus. The 
 agent of the miners as aforesaid shall, before entering upon his 
 duties make and subscribe to an oath before some officer duly author- 
 ized 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. 
 
 Sec. 3501. Using of fraudulent scales or conniving at false weights a 
 misdemeanor; penalty. — Any person, company or firm having or using 
 any scale or scales for the purpose of weighing the output of coal 
 at mines so arranged or constructed that fraudulent weighing may 
 be done thereby, or who shall knowingly resort to or employ any 
 means whatsoever by reason of which such coal is not correctly 
 weighed or reported in accordance with the provisions of the three 
 preceding sections, or any weighman or check-weighman who shall 
 fraudulently weigh or record the weights of such coal, or receive 
 at or connive at, or consent to such fraudulent weighing, shall be 
 deemed guilty of a misdemeanor, and shall upon conviction for each 
 such offense be punished by a fine of not less than two hundred 
 dollars, nor more than five hundred dollars, or by imprisonment in 
 the county jail for a period not to exceed sixty days, or by both 
 such fine and imprisonment, proceedings to be instituted in any 
 court of competent jurisdiction. 
 
 Sec. 3502. Failure to comply with provisions of this act ; penalty. — Any 
 person, owner or agent operating a coal mine in this State who shall 
 fail to comply with the provisions of sections 3498 to 3501, inclusive, 
 or who shall obstruct or hinder the carrying out of their require- 
 ments shall be fined for the first offense not less than fifty dollars, 
 nor more than two hundred dollars; for the second offense not less 
 than two hundred dollars, nor more than five hundred dollars, 
 and for the third offense not less than five hundred dollars: Pro- 
 vided, That the provisions of said sections shall apply only to 
 coal mines whose products are shipped by rail and shall not apply 
 to mines where suitable scales of standard make furnished by any 
 railroad or transportation company or through which the coal is 
 shipped are used for such weighing. 
 

 NEW YORK 
 
 Laws, 1922, ch. 48, Art. 16, p. 159. 
 
 Sec. 176. Standard weights and measures. — The standard weights and 
 measures that were furnished to this State by the Government of 
 the United States, in accordance with a joint resolution of Congress, 
 approved June fourteenth, eighteen hundred and thirty-six, and 
 consisting of one standard yard measure and one set of standard 
 weights, comprising one troy pound, and nine avoirdupois weights 
 of one, two, three, four, five, ten, twenty, twenty-five and fifty 
 pounds respectively; one set of standard troy ounce weights, di- 
 vided decimally from ten ounces to the one ten-thousandth of an 
 ounce; one set of standard liquid capacity measures, consisting of 
 one wine gallon of two hundred and thirty-one cubic inches, one- 
 half gallon, one quart, one pint and one-half pint measure; and 
 one standard half bushel, containing one thousand and seventy-five 
 cubic inches and twenty [twenty-one] one-hundredths of a cubic inch, 
 according to the inch hereby adopted as standard, and such new 
 weights, measures, balances and other apparatus as may be received 
 from the United States as standard weights, measures, balances and 
 apparatus in addition thereto or in renewal thereof as well as such 
 weights, measures, balances and apparatus as may be added by the 
 State department of weights and measures and verified by the Na- 
 tional Bureau of Standards shall be the standards of weights and 
 measure throughout this State. 
 
 Sec. 177. The unit of length and surface. — The units or standard 
 measures of length and surface, from which all other measures of 
 extension, whether lineal, superficial or solid, shall be derived and 
 ascertained, are the standards of length designated in this article. 
 For measures of cloths and other commodities commonly sold by 
 the yard, the yard may be divided into halves, quarters, eighths, and 
 sixteenths. The rod, pole or perch, contains five and one-half yards ; 
 the mile, one thousand seven hundred and sixty yards. The chain 
 for measuring land is twenty-two yards long and is divided into 
 one hundred equal parts called links. The acre for land measure, 
 shall be measured horizontally and contain ten square chains, equiva- 
 lent in area to a rectangle sixteen rods in length and ten in breath 
 [breadth] ; six hundred and forty acres being contained in a square 
 mile. 
 
 Sec. 178. Units of weights. — The units or standards of weight from 
 which all other weights shall be derived and ascertained, shall be 
 the standard weights designated in this article. The 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. 
 
 565 
 
566 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 179. Units of capacity. — The units of standards of measure of 
 capacity for liquids from which all other measures shall be derived 
 and ascertained shall be the standards designated in this article. 
 The barrel is equal to thirty-one and one-half gallons and two 
 barrels are a hogshead. The parts of the liquid gallon shall be 
 derived from the gallon by continual division by the number two, 
 so as to make half gallons, quarts, pints, half pints and gills. The 
 peck, half peck, quarter peck, quart, pint and half pint measures 
 for measuring commodities which are not liquids shall be derived 
 from the half bushel by successively dividing that measure by two. 
 
 Sec. 180, as amended by laws, 1925, ch. 60, p. 78. Duties of commis- 
 sioner in relation to weights and measures. — The commissioner shall 
 take charge of the standards adopted by this article as the standards 
 of the State; cause them to be kept in the principal office of the 
 department in the city of Albany, from which they shall not be 
 removed, except for repairs or for certification, and take all other 
 necessary precautions for their safe keeping. He shall maintain the 
 State standards in good order and shall submit them once in ten years 
 to the National Bureau of Standards for certification. He shall cor- 
 rect the standards of the several cities and counties and, as often as 
 once in five years, compare the same with those in his possession, 
 and shall keep a record of the same, and where not otherwise pro- 
 vided by law he shall have a general supervision of the weights, 
 measures and measuring and weighing devices sold or offered for 
 sale in the State or in use in the State. He shall upon the written 
 request of any citizen, firm, corporation or educational institution 
 of the State, test or calibrate weights, measures, weighing or meas- 
 uring devices and instruments or apparatus used as standards in 
 the State. He shall from time to time cause to be tested all weights 
 and measures, and weighing and measuring devices used in check- 
 ing the receipt or disbursement of supplies in every State institu- 
 tion and report in writing to the executive officer of the institution 
 concerned; and at the request of said officers the commissioner shall 
 appoint in writing one or more employees, then in actual service, 
 of each institution, who shall act as special deputies for the purpose 
 of checking the receipt or disbursement of supplies. He shall keep 
 a complete record of the standards, balances and other apparatus 
 belonging to the State and take receipt for the same from his suc- 
 cessor in office. The commissioner shall inspect all standards used 
 by the counties or cities at least once in two years and shall keep 
 a record of the same. He shall as often as he shall deem necessary 
 visit the various cities and counties of the State in order to inspect 
 the work of the local sealers and in the performance of his duties 
 he may inspect the weights, measures, balances or any other weigh- 
 ing or measuring appliances of any person, firm or corporation. He 
 shall establish amounts of tolerance, or reasonable variations allow- 
 able for weights, measures and weighing and measuring devices, 
 and shall issue instructions to the county and city sealers, and these 
 shall be binding upon and govern said sealers in the discharge of 
 their duties. 
 
 Sec. 181. Copies of standard weights and measures. — The State shall 
 have a complete set of copies of the original standards of weights 
 and measures adopted by this article, which shall be used for adjust- 
 
NEW YORK 567 
 
 ing county standards, and the original standards shall not be used 
 except for the adjustment of this set of copies and for scientific 
 purposes. 
 
 The commissioner shall see that the foregoing provisions of 
 this section are complied with and procure such apparatus and 
 fixtures, if the same have not already been procured, as are necessary 
 in the comparison and adjustment of the county standards. 
 
 He shall cause all the city and county standards to be impressed 
 with the emblem of the United States, the letters " N. Y.," and 
 such other devices as he shall direct for the particular county. 
 
 Sec. 182. County sealer; duty of supervisors. — There shall be a 
 county sealer of weights and measures in each county, except where 
 such county is wholly embraced within a city, who shall be appointed 
 by the board of supervisors and hold office during the pleasure of 
 such board. He shall be paid a salary determined by the board of 
 supervisors and shall be provided by them with the necessary work- 
 ing equipment of standard weights and measures. He shall take 
 charge of and safely keep the county standards, and at least once in 
 every five years shall submit such standards to the commissioner, at 
 the place where the standards of the State are kept, for calibration 
 and certification. Where not otherwise provided by law, the county 
 sealer shall have the power within his county to inspect, test, try and 
 ascertain if they are correct, all weights, scales, beams, measures of 
 every kind, instruments or mechanical devices for measurement and 
 the tools, appliances or accessories connected with any or all such 
 instruments or measurements used or employed within the county by 
 any proprietor, agent, lessee or employee in determining the size, 
 quantity, extent ? area or measurement of quantities, things, produce, 
 article for distribution or consumption offered or submitted by such 
 person or persons for sale, for hire or award. He shall at least twice 
 in each year and as much oftener as he may deem necessary see that 
 the weights, measures and all apparatus used in the count}' are cor- 
 rect. He may for the purposes above mentioned, and in the general 
 performance of his official duties, enter or go into or upon and with- 
 out formal warrant, any stand, place, building or premises or may 
 stop any vendor, peddler, junk dealer, coal wagon, ice wagon or any 
 dealer whatsoever, for the purposes of making the proper tests. 
 Whenever the county sealer finds a violation of the statutes relating 
 to weights and measures he shall cause the violator to be prosecuted. 
 The county sealer shall keep a complete record of the work done by 
 him and shall make an annual report to his board of supervisors, and 
 an annual report, duly sworn to, not later than the first of December 
 to the commissioner. The county sealer of weights and measures 
 shall forthwith on his appointment give a bond, with sureties to be 
 approved by the appointing power, for the faithful performance of 
 the duties of his office and for the safety of the local standards and 
 such appliances for verification as are committed to his charge and 
 for the surrender thereof immediately to his successor in office or to 
 the person appointed by the proper authority to receive them. 
 
 Sec. 183. City sealer. — There shall be a city sealer of weights and 
 measures, or an officer having similar duties, to be appointed by the 
 mayor with the approval of the common council of each city, or in 
 such other way as the city charter shall designate. He shall be paid 
 
568 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 a salary to be fixed and determined by the board or body authorized 
 to determine salaries of city officials, and no fees shall be charged or 
 received by him or by the city for the inspection or testing of 
 weights, measures or weighing or measuring devices. He shall per- 
 form in his city the duties of and have like powers as a county sealer 
 in a county. 
 
 Sec. 184. Sealing of approved weights and measures. — Whenever a 
 city or county sealer inspects any weight or measure and finds that 
 it corresponds or causes it to correspond with the standards in his 
 possession he shall seal or mark the same with an appropriate device. 
 
 No person shall remove any such seal or mark from any such 
 weight or measure or obliterate or deface any such seal or mark. 
 
 Sec. 185. Sealing of false weights and measures. — Whenever any city 
 or county sealer inspects any weight or measure and finds that it does 
 not correspond and does not cause it to correspond with the stand- 
 ards in his possession he shall seal or mark the same. 
 
 No person shall use or attempt to use any weight or measure to 
 which there has been affixed or upon which there has been placed 
 any such last mentioned seal, mark or device, for the purpose of 
 determining the weight or quantity of any commodity or article of 
 merchandise, unless such seal, mark or device shall have been re- 
 moved therefrom by a city or county sealer. 
 
 No person shall remove from any such weight or measure any seal 
 or mark which has been affixed thereto, or placed thereon by a city 
 or county sealer or obliterate or deface the same. 
 
 Sec. 186. Condemnation and seizure of false weights and measures. — 
 A city or county sealer may condemn and seize any weight or meas- 
 ure found by him to fail to conform to the standards in his posses- 
 sion and which is not caused by him to conform to such standards 
 and cause the same to be destroyed or disposed of under such regula- 
 tions as the commissioner of farms and markets may prescribe. 
 
 Sec. 187. Keeping false weights and measures. — No person shall 
 retain in his possession any weight or measure, knowing it to be false, 
 unless it appears beyond a reasonable doubt that it was so retained 
 without intent to use it or permit it to be used for determining the 
 quantity of any commodity or article of merchandise. 
 
 Sec. 188 as amended by Laws, 1922, ch. 360, p. 765. Using false weights 
 and measures ; delivery of deficient quantities. — No person, with knowl- 
 edge that the same is false, shall use a false weight, measure, or other 
 apparatus, for determining the quantity of any commodity or article 
 of merchandise, or knowingly deliver less of any such commodity or 
 article of merchandise than the quantity he represents. 
 
 The possession or use by any person of any false weight,. measure, 
 or other apparatus, for determining the quantity of any commodity 
 or article of merchandise is presumptive evidence of knowledge by 
 such person of the falsity of such weight, measure, or other ap- 
 paratus. The delivery by any person of a lesser quantity of any 
 commodity or article of merchandise than the quantity he represents 
 is presumptive evidence of knowledge by such person that the 
 quantity delivered was less than the quantity he represented. 
 
 Sec. 189. False labels. — No person shall, with intent to defraud, put 
 upon an article of merchandise or upon a cask, bottle, stopper, vessel, 
 case, cover, wrapper, package, band, ticket, label or other thing, con- 
 taining or covering such an article, or with which such an article is 
 
NEW YORK 569 
 
 intended to be sold, or is sold, any false description or false indica- 
 tion of or respecting the number, quantity, weight or measure of 
 such article or any part thereof ; or sell or offer or expose for sale an 
 article which to his knowledge is falsely described or indicated in any 
 of the manners or in any of the particulars above specified. 
 
 Sec. 190. Number of pounds to the bushel. — Whenever any com- 
 modity specified in this section is sold by the bushel, and no special 
 agreement is made by the parties as to the mode of measuring, the 
 bushel shall consist of seventy pounds of lime or coarse salt; sixty 
 pounds of wheat, peas, potatoes, clover-seed or beans; fifty-seven 
 pounds of onions; fifty-six pounds of Indian corn, rye or fine salt; 
 fifty-five pounds of flax-seed; fifty-four pounds of sweet potatoes; 
 fifty pounds of corn meal, rye meal or carrots; forty-eight pounds 
 of barley or buckwheat; forty-five pounds of herds-grass, timothy 
 seed or rough rice; forty- four pounds of Sea island cotton seed; 
 thirty-three pounds of dried peaches; thirty-two pounds of oats; 
 thirty pounds of upland cotton seed; twenty-five pounds of dried 
 apples; twenty pounds of bran or shorts. For a fractional part of 
 the bushel a like fractional part of the above weights shall be 
 required. 
 
 Sec. 191. Bottles or jars for milk and cream; capacity of milk con- 
 tainers; variations; marking; designating number; compliance as to size 
 and marking of bottles. — Bottles used for the sale of milk and cream 
 shall be of the capacity of half gallon, three pints, one quart, one 
 pint, half pint and one gill, filled full to the bottom of the cap 
 ring or stopper. The following variations on individual bottles or 
 jars may be allowed : Six drams above and six drams below on the 
 half gallon ; five drams above and five drams below on the three pint ; 
 four drams above and four drams below on the quart; three drams 
 above 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 manu- 
 facturer and a designating number, which designating number 
 shall be different for each manufacturer and may be used in 
 identifying the bottles. The designating number shall be furnished 
 by the commissioner upon application by the manufacturer, and 
 a record of the designating numbers and to whom furnished shall 
 be kept in the office of the commissioner. No manufacturer shall 
 sell milk or cream bottles to be used in this State that do not comply 
 as to size and marking with the provisions of the last section. No 
 dealer shall knowingly use, for the purpose of selling milk or cream, 
 jars or bottles that do not comply with the provisions of the last 
 section. 
 
 Sec. 192. Definition of term " container." — "A container," as used in 
 the following sections of this article, shall include any carton, box, 
 crate, barrel, half -barrel, hamper, keg, drum, jug, jar, crock, bottle, 
 bag, basket, pail, can, wrapper, parcel or package. 
 
 Sec. 193. Method of sale of certain commodities; meat and butter; other 
 commodities. — All meat, meat products and butter shall be sold or of- 
 fered for sale by net weight ; all other commodities not in containers 
 shall be sold or offered for sale by standard net weight, standard 
 
570 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 measure or numerical count ; and such net weight, measure or count 
 shall be marked thereon, or on a label or tag attached thereto ; pro- 
 vided however, that vegetables may be sold by the head or bunch. 
 
 Sec. 193a, as enacted by Laws, 1924, ch. 622, p. 1154. Method of sale of 
 bread. — Except as hereinafter otherwise provided, bread shall not be 
 manufactured for sale, sold or offered or exposed for sale otherwise 
 than by weight, and shall be manufactured for sale, sold, or offered 
 or exposed for sale only in units of one pound, one and one-half 
 pounds, or multiples of one pound. When multiple loaves are baked, 
 each unit loaf shall conform to the weight required by this section. 
 The weights herein specified shall mean net weights not more than 
 twelve hours after baking, or not more than twelve hours after 
 sale and delivery by the manufacturer for resale. Such weights 
 shall be determined by the average weight of not less than six 
 loaves: Provided, That such average weights shall be determined 
 by the weight of at least twelve loaves, whenever such number of 
 loaves is available at the time and place of such weighing : And pro- 
 vided further, That bread found upon any premises occupied for 
 the manufacture of bread for sale, or any bread found in the wagons, 
 trucks, baskets, boxes or other delivery vehicle or receptacles owned 
 or controlled by the manufacturer of such bread, and being trans- 
 ported or delivered for sale, shall for the purposes of this section 
 be deemed to have been baked within twelve hours unless such bread 
 is marked, designated or segregated as stale bread. Such unit 
 weights shall not apply to rolls; nor to stale bread when sold as 
 such ; nor to restaurant or sandwich bread sold for consumption and 
 use on the premises and not for resale; nor to fancy bread such as 
 fruit breads, nut breads, seed-covered breads, sugar-coated breads 
 and gluten breads, and such other breads as shall be defined as 
 fancy bread ; nor to bread sold by the piece cut from the loaf, pro- 
 vided such bread be weighed in the presence of the buyer upon 
 tested scales kept for that purpose; nor to loaves bearing in plain 
 and conspicuous position a plain statement of the net weight of the 
 loaf and the name of the manufacturer thereof upon the wrapper 
 of each loaf, if the bread is wrapped, or, if unwrapped, upon a 
 label, which label or that portion representing the weight shall be 
 not larger than one by one and three-quarter inches and not smaller 
 than one by one and one-half inches in size affixed to the loaf in 
 a sanitary manner, provided, however, that in the case of loaves 
 sold at retail, or offered or exposed for retail sale, direct from manu- 
 facturer to consumer upon or in the premises of the manufacturer, 
 the information as to the weight of such loaves may be given upon 
 a notice printed in English and, if different language is spoken, 
 also the language or languages of the neighborhood, conspicuously 
 posted in plain view of the buyer and in close proximity to the 
 bread offered for sale in such premises, setting forth the weight of 
 each size and variety of such loaves. When an inspection of bread 
 is made at any bakery by or under the direction of the commis- 
 sioner of farms and markets or by or under the direction of any 
 city or county sealer, the manufacturer of such bread or his servants 
 or agents shall, upon the request of the official making such inspec- 
 tion, inform him whether such bread is manufactured for sale in 
 any of the standard unit weights prescribed by this section and, if 
 
NEW YORK 571 
 
 not so manufactured for sale in such standard units, shall furnish 
 such official with samples of the labels or wrappers intended to be 
 used on all such loaves of other than standard unit weights, or the 
 notices intended to be posted with respect to such loaves. The com- 
 missioner of farms and markets shall make such uniform rules and 
 regulations as are necessary to enforce this section, including rea- 
 sonable tolerances or variations within which all weights shall be 
 kept; provided, however, that the variation between the standard 
 or represented weight and the true or actual weight shall not exceed 
 one ounce per pound. The requirements of section one hundred and 
 ninety- four of this chapter shall not apply to the sale of bread. 
 
 Sec. 194, as amended by laws, 1922, ch. 360, p. 765. Net contents of 
 containers to be indicated on the outside thereof. — When commodities 
 are sold or offered for sale in containers whose sizes are not otherwise 
 provided by statute, the net quantity of the contents of each container, 
 shall be plainly and conspicuously marked, branded or otherwise 
 indicated on the outside or top thereof or on a label or a tag at- 
 tached thereto in terms of weight, measure or numerical count: 
 Provided, however, That reasonable variations shall be permitted. 
 
 Sec. 195, as amended by Laws, 1924, ch. 622, p. 1154. Exceptions. — The 
 provisions of sections one hundred and ninety-three and one hundred 
 and ninety-four shall not apply to containers or commodities in 
 containers with ornamentations or decorations exclusively for gifts 
 or social favors or to commodities dispensed for consumption on 
 the premises, or to commodities or containers put in receptacles used 
 merely for the purpose of carrying or delivering of commodities or 
 containers complying with the provisions of such sections, or when 
 the numerical count of the individual units is six or less, or in the 
 case of liquids when the contents is two fluid ounces or less, or when 
 the weight of the contents is three avoirdupois ounces or less, or 
 to barrels, half barrels, quarter barrels, casks, kegs and packages 
 used for the purpose of containing maltous beverages. 
 
 Sec. 196. Guaranty furnished by wholesaler, jobber or manufacturer. — 
 No person shall be prosecuted under the provisions of the last three 
 sections when he can show a guaranty signed by a wholesaler, jobber 
 or manufacturer, residing in the State of New York from whom 
 he purchased the commodity in containers to the effect that they 
 were not incorrectly marked within the meaning of such sections. 
 The person making the sale and guaranty shall then be amenable 
 to the prosecution, fines, and other penalties which would in due 
 course attach to the dealer under the provisions of such sections. 
 The name appearing on the container and the marking as provided 
 by next to the last preceding section shall be deemed to constitute 
 a guaranty. 
 
 Sec. 197. Construction of contracts. — All contracts made within the 
 State for work to be done, or for the sale or delivery of personal 
 property by weight or measure, shall be taken and construed ac- 
 cording to the standards of weights and measures adopted in this 
 article. 
 
 Laws, 1922, ch. 48, Art. 18, p. 172. 
 
 Sec. 215. Standard weight of hop bales and tare thereon. — A bale of 
 hops sold in this State shall not weigh less than one hundred and 
 seventy-five nor more than two hundred and ten pounds. The tare 
 
572 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 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 maximum quantity to be used for 
 each bale, and any excess in the weight of such sacking or other 
 extraneous matter used in baling may be deducted as additional tare. 
 
 Sec. 216. Bales of hops to be marked. — Every person putting up hops 
 for sale or exportation shall mark or stamp on each bale or other 
 package containing the same, in a legible manner, the initial letter 
 of his Christian name, and his surname at full length, and the gross 
 weight of such bale or package, before its removal from the place 
 where the hops are put up. 
 
 Sec. 218. Presser of hay and straw defined; correct scales to be used; 
 bales to be marked. — The term " presser " as used in this and the fol- 
 lowing sections of this article shall mean the person, firm, associa- 
 tion or corporation owning or having possession and operating the 
 hay press. A presser who presses hay or straw for market shall use 
 correct scales, properly sealed. Every presser of hay or straw for 
 market shall mark each bale of any of such commodities pressed 
 by him with his name and business address and the correct weight 
 of the bale. These markings shall be made upon a tag, of not less 
 than one and one-half inches in width and three inches in length, 
 securely fastened to the bale. 
 
 Sec. 219. Weight to be marked on bale. — The gross weight shall be 
 plainly marked on each bale of hay or straw sold or offered for 
 sale in this State; and no baled hay or straw shall be so sold or 
 offered for sale which weighs less than such gross weight after de- 
 ducting five pounds from such bale for shrinkage. And no baled 
 hay or straw shall be 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 weigh- 
 ing less than two hundred pounds. 
 
 Sec. 222. Coal, coke and charcoal to be sold by weight. — Coal, coke and 
 charcoal shall be sold by weight except as hereinafter provided. A 
 person, firm or corporation shall not sell or deliver or attempt to sell 
 or deliver less than two thousand pounds by weight to the ton of 
 coal, coke or charcoal, or a proper proportion thereof in quantities 
 less than a ton, and such coal, coke or charcoal shall be duly weighed 
 on scales that have been tested and sealed by the official charged Avith 
 such testing: Provided, however, That in all cases thirty pounds to 
 the ton shall be allowed for the variation in scales and wastage. 
 
 Sec. 223. Delivery tickets to accompany coal, coke and charcoal. — No 
 person, firm or corporation delivering coal, coke or charcoal shall 
 deliver or cause to be delivered any quantity or quantities of coal, 
 coke or charcoal, without each such delivery being accompanied by a 
 delivery ticket, and a duplicate thereof, on each of which shall be in 
 ink, or other indelible substance, distinctly expressed in pounds the 
 quantity or quantities of coal, coke or charcoal contained in the cart 
 or wagon or other vehicle used in such delivery, with the name of the 
 purchaser thereof and the name of the dealer from whom purchased. 
 One of such tickets shall be delivered to the purchaser specified 
 thereon, and the other of such tickets shall be retained by the seller. 
 When coal, coke or charcoal is sold in quantities of less than one hun- 
 dred pounds, in baskets, bags or pails, the provisions of this section 
 shall not apply. 
 
NEW YORK 573 
 
 Sec. 224. Proviso as to delivery of entire cargo or carload of coal. — 
 The preceding section shall not apply to coal delivered by the entire 
 cargo direct from the vessel containing the same to one destination 
 and accepted by the purchaser on the original bill of lading as proof 
 of weight, or from a full car loaded with coal ; but with every such 
 delivery of an entire cargo or carload of coal there shall be delivered 
 to the purchaser thereof by the consignor, one of the original bills of 
 lading or shipping notices issued to or by the person, firm or corpora- 
 tion 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 load- 
 ing such cargo or car and the number of pounds contained therein. 
 
 Sec. 225, as amended by laws, 1923, ch. 727, p. 1292. Sizes and mark- 
 ings of bags and baskets of coal, eoke and charcoal. — Baskets or bags 
 used for the delivery of coal, coke or charcoal, shall be of such capac- 
 ity as to hold stricken full approximately one hundred pounds of 
 anthracite coal; but baskets or bags of other sizes used for delivery 
 may be used if the amount of anthracite coal they will contain 
 stricken full is indelibly marked on the outside thereof in solid roman 
 capital letters at least three inches in height. When the coal, coke or 
 charcoal is sold in quantities less than one hundred pounds in baskets 
 or bags or pails, such baskets, bags or pails shall have the weight of 
 the contents plainly marked on the outside thereof in solid roman 
 capital letters at least one inch in height; but charcoal or coke in 
 quantities less than one hundred pounds may be sold by standard 
 struck measure, and in such cases the bag, basket or pail shall have 
 plainly marked on the outside thereof the capacity in terms of stand- 
 ard dry measure in solid roman capital letters at least one inch in 
 height, and in no instance shall a paper bag or sack used or intended 
 to be used in the sale of coke, charcoal or kindling wood by measure 
 be less than twenty-two inches in height, not less than eleven inches 
 in width and the bottom shall be not less than four inches wide. 
 
 Sec. 226. How coal, coke or charcoal may be reweighed. — A weights 
 and measures official of the State, of the city or of the county who 
 finds any quantity of coke, coal or charcoal ready for delivery, may 
 in his discretion direct the person in charge of the goods to convey 
 the same without delay to scales designated by such official, who 
 shall there determine the quantity of the goods and shall determine 
 their weight with the weight of the vehicle in which they are car- 
 ried and shall direct said person to return to such scales forthwith 
 upon unloading the goods, and upon such return the official shall re- 
 weigh the vehicle in a manner similar to that in which it was 
 weighed with the goods. The scale designated by the official as 
 aforesaid may be any scale which has been duly tested and sealed 
 and shall be such scales as are in his judgment the most convenient 
 of those available. 
 
 Sec. 227. Seller shall not refuse to allow coal, coke or charcoal to be re- 
 weighed. — No seller of coal, coke or charcoal shall refuse to permit a 
 weights and measures official to weigh the coal, coke or charcoal 
 purchased from him to be reweighed at the request of the purchaser 
 or at the request of the weights and measures official. No driver 
 or any other person in charge of the vehicle containing coal, coke 
 or charcoal or from which coal, coke or charcoal has been delivered 
 shall refuse to take the same at the request of the purchaser or of 
 
574 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the weights and measures official to scales as aforesaid for the pur- 
 pose of having the same weighed, but when there is a charge for 
 weighing such charge shall be paid by the one making the request. 
 
 Sec. 228. Application of article. — The provisions of this article relat- 
 ing to coal, coke and charcoal shall not apply to the city of New 
 York. 
 
 Sec. 229, as amended by Laws, 1923, ch. 723, p. 1289. Marking 
 thread. — No person, firm or corporation shall sell or offer for sale, 
 sewing, basting, darning, crochet, tatting, knitting or embroidery 
 thread made of cotton, linen or silk, put up on spools, tubes, cones, 
 bobbins or in balls, skeins or other similar packages, manufactured 
 after January first, nineteen hundred and twenty, unless there is 
 affixed to or impressed upon a conspicuous part of each such spool, 
 tube, cone, bobbin, ball, skein or other similar package of such thread, 
 a label or stamp which shall be plain and conspicuous, and which 
 shall plainly indicate, either its net weight in avoirdupois pounds and 
 ounces, or its length in yards : Provided, That when any such spool, 
 tube, cone, bobbin, ball, skein or other similar package of such thread 
 containing a net weight of less than two avoirdupois ounces, is sold or 
 offered for sale, then such label or stamp shall indicate its length in 
 3 r ards: Provided further, That where from the shape, size or char- 
 acter of the spool, tube, cone, bobbin, ball, skein or other similar 
 package it is impossible so to affix or impress such label or stamp, 
 a label or stamp shall be affixed to the box or other container in 
 which such packages are put up, stating the number of units con- 
 tained therein and the net weight or yardage of each, as herein- 
 before prescribed. If any such person, firm or corporation shall sell 
 or offer for sale such thread on any such spool, tube, cone, bobbin, 
 or in any such ball, skein or other similar package or box, without a 
 label or stamp specifying the net weight or number of yards of 
 thread contained thereon, as provided in the first paragraph of this 
 section, or if any such person, firm or corporation shall knowingly 
 sell or offer for sale such thread on any such spool, tube, cone, bobbin, 
 or in any such ball, skein or other similar package or box, weighing 
 or measuring more than five per centum less than the net weight or 
 number or yards that the label or stamp thereon specifies, then such 
 person, firm or corporation shall forfeit the sum of twenty dol- 
 lars for each such spool, tube, cone, bobbin, ball, skein or other simi- 
 lar package so sold or offered for sale; said sum of twenty dollars 
 for each violation of this section to be recovered in an action by any 
 person or firm who will sue for same, one-half whereof shall be paid 
 to the State treasurer. 
 
 Con. Laws, Vol. 5, ch. 55, Art. 14, p. 3645, Second Class Cities Law. 
 
 Sec. 211 (1909. Sealer of weghts and measures. — The sealer of 
 weights and measures shall, within the city, have the powers and 
 perform the duties of sealers of weights and measures of towns 1 
 under the general laws of the State. He shall supervise the weighing 
 of coal and perform such other duties as may be prescribed by law 
 or ordinance of the common council. He shall receive a salary, to 
 be fixed by the board of estimate and apportionment, and no fees 
 shall be charged or collected by him or by the city for his services. 
 
 1 There are now no town sealers. See Laws, 1922, ch. 48, sec. 183, supra. 
 
NEW YORK 575 
 
 Code Civil Procedure. 
 
 Sec. 841a, as added by Laws, 1909, ch. 65, p. 21. Testimony of surveyor 
 and proof of standard of measurement. — -No surveyor shall give evidence 
 in any cause depending in any of the courts of this State, or before 
 arbitrators, respecting the survey or measurement of lands which he 
 may have made, unless if required, either such surveyor shall make 
 oath, or it shall otherwise be shown that the chain or measure used 
 by him was comformable to the standards of the State which were 
 the standards of State at the time such survey was made. An 
 official certificate of any State, county, city, village or town sealer 
 elected or appointed pursuant to the laws of this State, or the oath of 
 such surveyor, that such chain or measure conformed to the State 
 standard which shall have been furnished any such sealer pursuant 
 to the provisions of the laws of this State, shall be prima facie 
 evidence of such conformity, and an official certificate made by any 
 such sealer that the implement used in measuring such chain or other 
 measure was the one provided under such laws for such purposes, 
 shall be prima facie evidence of that fact. 
 
 Con. Laws, Vol. 4, ch. 40, p. 2531, Penal Law. 
 
 Sec. 434 (1909). Concealing foreign matter in merchandise. — A person 
 who, with intent to defraud, while putting up in a barrel, bag, bale, 
 box, or other package, cotton, hops, hay, or any other article of 
 merchandise whatever, usually sold by weight in such packages, 
 places or conceals therein any other substance or thing whatever, in 
 a case where special provision for the punishment thereof is not 
 otherwise made by statute, is guilty of a misdemeanor. 
 
 Sec. "461. Weighmaster making false entry of weight of canal boat. — 
 A weighmaster upon any of the canals belonging to this State, 
 and a clerk of such Aveighmaster, who makes a false entry of the 
 weight of any boat, or cargo of any boat, navigating such canal, or 
 who makes a false certificate of the light weight of any boat, know- 
 ing such entry or certificate to be false, is guilty of a misdemeanor. 
 
 Con. Laws, Vol. 4, ch. 40, Art. 216, p. 2818. 
 
 Sec. 2410 (1909). Requiring more than the legal weight for a bushel. — 
 Where potatoes, grains or other agricultural products are sold by 
 the bushel, without agreement as to the weight, any person requiring 
 a greater number of pounds for a bushel than as prescribed by sec- 
 tion eight of the general business law is guilty of a misdemeanor. 
 
 Sec. 2413. False weights and measures authorized to be seized. — A per- 
 son who is authorized or enjoined by law to arrest another person 
 for a violation of the last two sections [sections 187 and 188, chapter 
 48, Laws, 1922] is equally authorized and enjoined to seize any false 
 weights or measures found in the possession of the person so ar- 
 rested, and to deliver the same to the magistrate before whom the 
 person so arrested is required to be taken. 
 
 Sec. 2414. Weights and measures may be tested by committing magis- 
 trate and destroyed or delivered to district attorney. — The magistrate 
 to whom any weight or measure is delivered pursuant to the last 
 section, must, upon the examination of the defendant, or if the ex- 
 amination is delayed or prevented, without awaiting such examina- 
 517—27 37 
 
576 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 tion, cause the same to be tested by comparison with standards con- 
 formable to law ; and if he finds it to be false, he must cause it to 
 be destroyed, or to be delivered to the district attorney of the county 
 in which the defendant is liable to indictment or trial, as the interests 
 of justice in his judgment require. 
 
 Sec. 2415. False weights and measures to be destroyed after conviction 
 of offender. — Upon the conviction of the defendant, the district attor- 
 ney must cause any weight or measure in respect whereof the defend- 
 ant stands convicted, and which remains in the possession or under 
 the control of the district attorne}', to be destroyed. 
 
 Sec. 2416. Stamping false weight or tare on casks or packages. — A per- 
 son who knowingly marks or stamps false or short weights or false 
 tare on any cask or package, or knowingly sells or offers for sale any 
 cask or package so marked, is guilty of a misdemeanor. 
 
 Con. Laws, Vol. 5, ch. 65, Art. 4, p. 4456. 
 
 Sec. 89. General powers of the board of trustees of villages ; may estab- 
 lish scales. — The board of trustees of a village : 
 
 13. May establish and maintain a village clock and scales for the 
 public convenience; and fix the fees for the use of such scales. 
 
 Con. laws, Vol. 2, ch. 20, Art. 26, p. 1261. 
 
 Sec. 393, as enacted by laws, 1923, ch. 599, p. 899. Lime; standard 
 barrels. — There is hereby established a large and a small barrel of 
 lime, the large barrel to consist of two hundred and eighty pounds 
 and the small barrel to consist of one hundred and eighty pounds, 
 net weight. It shall be unlawful for any person to sell or offer for 
 sale lime, unless there shall be stencilled or otherwise clearly marked 
 on one or both heads of the small barrel the figures " 180 lbs. net " and 
 on the large barrel the figures "280 lbs. net," and on either barrel 
 in addition the name of the manufacturer of the lime and where 
 manufactured. When lime is sold in containers of less capacity than 
 the standard small barrel, it shall be sold in fractional parts of 
 said standard small barrel, and the net weight of lime contained in 
 such container shall by stencil or otherwise be clearly marked 
 thereon, together with the name of the manufacturer thereof, and 
 the name of the brand, if any, under which it is sold. It shall 
 be unlawful to pack, sell, or offer for sale any barrels or other con- 
 tainers of lime which are not marked as provided in this act, 
 or to sell, charge for, or purport to deliver as a large or small barrel 
 or a fractional part of said small barrel of lime, any less weight 
 of lime than is established by the provisions of this section. Any 
 person violating any of the provisions of this section shall be 
 guilty of a misdemeanor. 
 
 Laws, 1922, ch. 48, Art. 17, p. 166. 
 
 Sec. 212, as amended by Laws, 1925, ch. 172, p. 223. Branding oyster 
 kegs and cans. — Every person engaged in putting up oysters for sale 
 in kegs or cans, or offering them for sale in kegs or cans, not 
 previously marked or branded, shall mark or brand such kegs or 
 cans with the true quantity of oysters in pints, quarts or gallons, 
 which they may respectively hold, and not more than ten per centum 
 of such quantity shall be liquid. 
 
NEW YORK 577 
 
 Con. Laws, ch. 69, Farms and Markets Law, Art. 10. 
 
 Sec. 143, as amended by Laws, 1922, ch. 386, p. 811. Fertilizer. — No 
 manufacturer, firm, association, corporation or person shall sell, offer 
 or expose for sale in this State any commercial fertilizer or any ma- 
 terial to be used, as fertilizer, except animal manure which have not 
 been artificially treated or manipulated, unless such commercial 
 fertilizer or material to be used as fertilizer shall be accompanied by 
 or shall have affixed to each and every package in a conspicuous 
 place on the outside thereof, a plainly printed statement which shall 
 certify as follows : 
 
 1. The net weight of the contents of the package. 
 
 2. The name, brand or trade-mark under which it is to be sold. 
 
 3. The name and principal address of the manufacturer or person 
 responsible for the placing of the commodity upon the market. 
 
 * * * * * * * 
 
 Sec. 144, as amended by Laws, 1923, ch. 722, p. 1288. Violations. — It 
 shall be a violation of the provisions of this article if the statement re- 
 quired by the last preceding section shall be false in regard to the 
 net weight of the contents of the package sold, offered or exposed 
 for sale, or in the name, brand or trade-mark under which the fer- 
 tilizer is sold, or in the name and address of the manufacturer or 
 person responsible for placing the commodity upon the 
 markets. * * * 
 
 Laws, 1922, ch. 48, Art. 8, p. 133. 
 
 Sec. 131. Statements to be attached to packages; contents. — No manu- 
 facturer, firm, association, corporation or person shall sell, offer oi 
 expose for sale or for distribution in this State, any concentrated 
 commercial feeding stuffs used for feeding livestock unless such 
 concentrated commercial feeding stuffs shall be accompanied by or 
 shall have affixed to each and every package in a conspicuous place 
 on the outside thereof and near the top, a tag, the form of which 
 shall be prescribed by the commissioner and which shall bear a 
 plainly printed statement which shall certify'as follows : 
 
 1. The net Aveight of the contents of the package, except in the 
 case of malt sprouts sold in packages containing uneven Aveights. 
 
 2. The name, brand or trade-mark. 
 
 3. The name and principal address of the manufacturer or 
 person responsible for the placing of the commodity/ upon the 
 market. * * * 
 
NORTH CAROLINA 
 
 Con. Stats., 1919, Vol. 2, ch. 133, p. 1076. 
 
 Sec. 8060, as amended by Laws, 1921, extra session, ch. 87, p. 113. 
 Standard weight ; purchase and sale by measure ; forfeit for taking greater 
 weight. — The standard weight of the following seeds and other 
 articles named shall be as stated in this section, viz : 1 . 
 
 Lbs. 
 per bu. 
 
 Grass seed, timothy 45 
 
 Hair, plastering 8 
 
 Hemp seed 44 
 
 Hominy 62 
 
 Horseradish 50 
 
 Land plaster 100 
 
 Lime, unslaked 80 
 
 Lime, slaked 40 
 
 Meal, corn, whether bolted or 
 
 unbolted 48 
 
 Melon, cantaloupe 50 
 
 Millet 50 
 
 Mustard 58 
 
 Nuts, chestnuts 50 
 
 Nuts, hickory, without hulls 50 
 
 Nuts, walnuts, without hulls 50 
 
 Oats, seed 32 
 
 Onions, button sets 32 
 
 Onions, top buttons 28 
 
 Onions, matured 57 
 
 Osage orange seed 33 
 
 Parsnips 50 
 
 Peaches, dried 25 
 
 Peaches, matured 50 
 
 Peach seed 50 
 
 Peanuts 22 
 
 Peanuts, Spanish 30 
 
 Pears, dried 26 
 
 Pears, matured 56 
 
 Peas, dry 60 
 
 Peas, green, in hull 30 
 
 Pieplant 50 
 
 Plums 64 
 
 Potatoes, Irish 56 
 
 Potatoes, sweet 56 
 
 Quinces, matured 48 
 
 Raspberries 48 
 
 Rice, rough 44 
 
 Rye seed 56 
 
 Sage 4 
 
 Salads, mustard, spinach, tur- 
 nips, kale 10 
 
 Salt 50 
 
 Sorghum seed 50 
 
 Strawberries 48 
 
 Sunflower seed 24 
 
 Teosinte 59 
 
 Tomatoes 56 
 
 Turnips 50 
 
 Wheat 60 
 
 Alfalfa 
 
 Apples, dried 
 
 Apple seed 
 
 Barley 
 
 Beans, castor 
 
 Beans, dry 
 
 Beans, green, in pod 
 
 Beans, soy 
 
 Beets 
 
 Blackberries 
 
 Blackberries, dried 
 
 Bran 
 
 Broom corn 
 
 Buckwheat 
 
 Cabbage 
 
 Canary seed 
 
 Carrots 
 
 Cement ' 
 
 Charcoal 
 
 Cherries, with stems 
 
 Cherries, without stems 
 
 Clover, burr 
 
 Clover, German 
 
 Clover, Japan, Lespedeza, in hull- 
 Clover seed, red and white 
 
 Coal, stone 
 
 Coke * 
 
 Corn in ear, shucked 
 
 Corn in ear, with shucks 
 
 Corn, Kaffir i 
 
 Corn, pop 
 
 Corn, shelled 
 
 Cottonseed 
 
 Cottonseed, Sea Island 
 
 Cucumbers 
 
 Flaxseed 
 
 Gooseberries 
 
 Grapes, with stems 
 
 Grapes, without stems 
 
 Grass, redtop 
 
 Grass, velvet 
 
 Grass seed, all meadow and 
 
 fescue except tall 
 
 Grass seed, Bermuda 
 
 Grass seed, blue 
 
 Grass seed, Hungarian 
 
 Grass seed, Italian rye 
 
 Grass seed, Johnson 
 
 Grass seed, orchard 
 
 Grass seed, perennial rye 
 
 Grass seed, tall meadow and tall 
 
 fescue 
 
 Lbs. 
 per bu. 
 
 60 
 24 
 40 
 48 
 46 
 60 
 30 
 60 
 50 
 48 
 28 
 20 
 44 
 50 
 50 
 60 
 50 
 80 
 22 
 56 
 64 
 
 8 
 60 
 25 
 60 
 80 
 40 
 68 
 70 
 50 
 70 
 56 
 30 
 44 
 48 
 56 
 48 
 48 
 60 
 14 
 
 7 
 
 14 
 14 
 14 
 48 
 20 
 25 
 14 
 14 
 
 24 
 
 1 A slight change has been made in the arrangement for convenience of reference. 
 578 
 
NORTH CAROLINA 579 
 
 Lbs. 
 per bbl. 
 
 Beef, net 200 
 
 Pork.net 200 
 
 Lbs. per 
 y 2 bbl. 
 
 Fish 100 
 
 Gals, 
 per bbl. 
 
 Liquids 42 
 
 Lbs. per 
 gal. 
 
 Sorghum molasses 12 
 
 But this section shall not, be construed to prevent the purchase and 
 sale by measure. 
 
 If any person shall take any greater weight than is specified for 
 any of the items named herein, he shall forfeit and pay the sum of 
 twenty dollars for each separate case to any person who may sue 
 for same. 
 
 Sec. 8061 (al866). Standards. — No trader or other person shall buy 
 or sell, or otherwise use in trading, any other weights and measures 
 than are made and used according to the standard prescribed by 
 the Congress of the United States : Provided, That this chapter shall 
 not prevent the citizens of the State from buying and selling grain 
 by measure as may be agreed upon between the parties. 
 
 Sec. 8062°. Acre; pole; perch; land measure. — The measure of an acre 
 of land shall be equal to a rectangle of sixteen poles or perches in 
 length and ten in breadth, and shall contain one hundred and sixty 
 square perches or poles, or four thousand eight hundred and forty 
 square yards; six hundred and forty such acres being contained in 
 a square mile. 
 
 Sec. 8083 (al881). To be provided by board of county commissioners; 
 branded. — The board of commissioners of each county shall, at the 
 charge of their county, procure standard sealed weights of half 
 hundred, quarter hundred, ten pounds, five pounds, two pounds, and 
 one pound, one-half pound, one-quarter pound, two ounces, one 
 ounce, one-half ounce, gauging rod and waist sticks, yard sticks, 
 half bushel, peck, half peck, quarter peck, and one-eighth peck, gal- 
 lon, half gallon, quart, pint, half pint, and gill measure, of the 
 United States standard, sealed and branded " N. C." 
 
 Sec. 8064 (al893). Penalty for using, untested. — If any person, after 
 demand by the standard-keeper for permission to examine and adjust 
 the same, shall buy, sell or barter by any weight or measure which 
 shall not be tried by the standard, and sealed or stamped as afore- 
 said, he shall, for every such offense, forfeit and pay forty dollars, 
 and if any person shall sell and deliver by less measure than the 
 standard, he shall forfeit and pay for each offense forty dollars to 
 the person suing therefor. 
 
 Sec. 8065 (al881). Standard keeper; appointment of; State keeper; 
 appointed by governor; keeper of capitol, when. — The governor is 
 authorized to appoint a suitable person to take care of the balances, 
 weights and measures, and perform the duties relating to weights 
 and measures heretofore imposed on the governor, and such other 
 duties as the governor may prescribe, touching said balances and 
 weights and measures; and he shall take from such person a bond 
 with surety, to be approved by the governor, in the penal sum of 
 five hundred dollars, for the safe keeping of said weights and meas- 
 ures and for the performance of all his duties. And in case the 
 governor fails to appoint, or the person appointed fails to qualify 
 
580 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or discharge said duties, the keeper of the capitol shall be ex officio 
 the keeper of weights and measures, and discharge the duties and 
 receive the compensation provided. 
 
 Sec. 8066 (1881). Duties of.— It shall be the duty of the keeper of 
 weights and measures, under the direction of the governor, to pro- 
 cure and furnish, at prime cost, to any of the counties, upon an 
 order of the board of county 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 substantial wood, each end neatly covered with 
 metal, sealed, marked and stamped " N. C." ; half bushel, peck, half 
 peck, quarter peck, and one-eighth peck, made of substantial, well 
 seasoned wood, with secure metallic binding and casing; gallon, half 
 gallon, quart, pint, half pint, and gill measure, made of light sheet 
 copper with iron handles. He shall procure and furnish as herein 
 provided to the board of commissioners of any county ordering the 
 same, dry and liquid sealed measures and yard stick made of brass 
 or copper. 
 
 Sec. 8067 (1866-67). State standard-keeper to supply counties. — It 
 shall be the duty of the State standard-keeper to supply to each 
 county which shall call for the same such standard weights as the 
 standard-keeper of such county shall demand, duly sealed, such 
 county paying to the State treasurer the actual cost of such weights, 
 upon the certificate of the State standard-keeper. 
 
 Sec. 8068. Standard-keeper to keep record. — It shall be the duty of 
 the State standard-keeper to keep a book, in which he shall keep an 
 accurate account of all the weights and measures by him delivered, 
 and the expenses incurred by him in the purchase of such weights 
 and measures, subject to the inspection of the State treasurer and 
 the general assembly. 
 
 Sec. 8069 (al827). Appointment; term; oath; bond. — The weights 
 and measures, stamps and brands thus provided shall be kept at the 
 courthouse of the respective counties by a standard-keeper, to be 
 elected by the board of commissioners for the term of two years; 
 the person thus elected shall, before the board of county commis- 
 sioners, take the oath required for public officers and also an oath 
 of office, and shall give bond, with good and sufficient surety, pa^yable 
 to the State of North Carolina, in the sum of two hundred dollars, 
 conditioned for the safe-keeping of weights and measures, stamps 
 and brands of said county, and for the faithful performance of the 
 duties of his office. 
 
 Sec. 8070. Removal of standards. — The standard-keeper may remove 
 the weights and measures, stamps and brands from the courthouse, 
 not to exceed sixty days in any one year, for the purpose of testing 
 weights and measures throughout the county. 
 
 Sec. 8071, as amended by Laws, 1925, ch. 299, p. 559. Examination of 
 weights and measures; forfeit for neglect; stamp and certificate of cor- 
 rectness. — Every person, firm, or corporation using weights and 
 measures of any and every kind which shall be used in buying or 
 selling or bartering, or for hire, or in fixing or determining the 
 amount of toll or charge or rate for any service shall allow or permit 
 
NORTH CAROLINA 581 
 
 the standard keeper of the county to try, examine, and adjust by 
 the standard, at least once every year, all the said weights and 
 measures of any and every kind used as aforesaid, and every person, 
 firm, or corporation who shall neglect to comply with the require- 
 ments of this section shall forfeit and pay fifty dollars, to be re- 
 covered at the suit of the standard keeper, one-half to his use and the 
 other half to the use of the county wherein the default occurs. It 
 shall be the duty of the standard-keeper, when practicable, to mark, 
 by stamp or brand, the weights or measures found or made to agree 
 with the standard, and shall give a certificate of such examination 
 and adjustment, stating the weights and measures examined and ad- 
 justed. 
 
 Sec. 8072 (1866-87). Destruction of apparatus. — In every instance 
 where the standard-keeper shall have before him for adjustment, or 
 shall find in the possession of any person, intending to use the same, 
 any weight or measure that cannot be adjusted so as to meet the 
 requirements of the law, it shall be the duty of the standard-keeper 
 to destroy the same. 
 
 Sec. 8073. Local office abolished in certain counties. — The office of 
 county standard-keeper is abolished in the following counties, and 
 in these counties the section regulating that office and its duties do 
 not apply: Ashe, Beaufort, Bertie, Bladen, Brunswick, Camden, 
 Cumberland, Currituck, Gaston, Halifax, Lincoln, Montgomery, 
 Moore, Northampton, Rutherford, Swain, Warren, Yadkin, Yancey. 
 
 Sec. 8074 (al899). What is a surveyor's chain; tested. — The standard 
 measure for a surveyor's chain shall be twenty-two standard yards, a 
 standard half or two-pole chain shall be eleven standard yards, a 
 standard quarter or one-pole chain shall be five and one-half standard 
 yards; but every person using a surveyor's chain, half-chain, or quar- 
 ter-chain for measuring land shall every two years test the same in 
 the manner hereinafter provided. 
 
 Sec. 8075 (1889). Surveyor's chain tested. — If any person who shall 
 use any chain for measuring land without having the same first 
 measured and sealed by the standard-keeper, or who shall use the 
 same for a longer period than two years without bringing it to the 
 standard-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. 
 
 Con. Stats., 1919, Vol. 1, ch. 71, p. 1574. 
 
 Sec. 3879 (al881). Compensation of standard-keeper. — The State 
 standard-keeper shall be allowed such compensation for his services 
 as the governor shall deem adequate, not exceeding one hundred 
 dollars a year. 
 
 Sec. 3914 (al889). Fees of standard-keepers. — Standard-keepers shall 
 be entitled to receive the following fees, and no other, namely : For 
 examining and adjusting a pair of steelyards, twenty-five cents; 
 every weight of half a pound and upwards, five cents; every set of 
 weights below half a pound, including one piece of each denomina- 
 tion, five cents ; for a yard stick, or other measure of cloth, five cents ; 
 every bushel, half bushel, peck or other measure used in measuring 
 grain, meal or salt, ten cents ; each measure for liquors or wines, three 
 
582 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 cents, and for extra work on bushel and half -bushel measures a sum 
 not exceeding twenty-five cents in any one case; and for every sur- 
 veyor's chain, fift}' cents. 
 
 Con. Stats., 1919, Vol. 1, ch. 56, subch. 1, p. 1156. 
 
 Sec. 2674 (1879). Power to establish and regulate markets. — The 
 board of commissioners [of municipal corporations] may establish 
 and regulate their markets, and prescribe at what place, within the 
 corporation, shall be sold marketable things; in what manner, 
 whether by weight or measure, may be sold grain, meal or flour (if 
 flour be not packed in barrels), fodder, hay, or oats in straw; may 
 erect scales for the purpose of weighing the same, appoint a weigher, 
 fix his fees, and direct by whom they shall be paid. But it shall not 
 be lawful for the commissioners or other authorities of any town to 
 impose any tax whatever on wagons or carts selling farm products, 
 garden truck, fish and oysters on the public streets thereof. 
 
 Con. Stats., 1919, Vol. 1, ch. 56, subch. 2, p. 1208. 
 
 Sec. 2786 (1919). Powers applicable to all cities and towns. — All the 
 provisions of this article, conferring powers upon cities and towns, 
 shall apply to all cities and towns, whether they have adopted a plan 
 of government under this act or not. And the powers herein granted 
 are in addition to and not in substitution for existing powers of cities 
 and towns. 
 
 Sec. 2787 (al919). Corporate powers. — In addition to and coordinate 
 with the power granted to cities in subchapter 1 of this chapter, and 
 any acts affecting such cities, all cities shall have the following 
 powers : 
 
 30. To require any or all articles of commerce or traffic to be 
 
 gauged, inspected, measured, Aveighed, or metered, and to require 
 
 every merchant, retail trader or dealer in merchandise or property 
 
 . of any description which is sold by weight or measure to have such 
 
 weights and measures sealed and to be subject to inspection. 
 
 Con. Stats., 1919, Vol. 1, ch. 24, p. 552. 
 
 Sec. 1297 (1868). Powers of boards of county commissioners. — The 
 boards of commissioners of the several counties have power — 
 
 38. To procure for each county sealed weights and measures, 
 according to the standard prescribed by Congress; and to elect a 
 standard keeper, who shall qualify before the board and give bond 
 approved by the board, as prescribed by law. 
 
 Con. Stats., 1919, Vol. 1, ch. 56, Art. 10, p. 1197. 
 
 Sec. 2729 (1909). Appointment of inspector of meters. — In every city 
 or town in the State of North Caixdina where is furnished, for pay, 
 electicity, gas or water by meter measure, the governing body of the 
 city or town may appoint some competent person to act as inspector 
 of meters, whose duty it shall be to inspect and test such meters and 
 to carry out the provisions of this article as herein provided. 
 
 Sec. 2730. Time of appointment; compensation of inspector; inspector 
 to qualify; bond. — Such appointment, if made, shall be made at the 
 first meeting in May of each year of such governing body, subject 
 to the power of such city or town authorities to remove such ap- 
 
NORTH CAROLINA 583 
 
 pointee in the manner provided for the removal of its other ap- 
 pointees and to fill the vacancy caused by such removal. The com- 
 pensation of such inspector shall be fixed and shall be paid by the 
 city or town so appointing him, and such inspector shall upon his 
 appointment take oath before the mayor of said city or town that he 
 will faithfully perform the duties herein imposed upon him, and 
 the governing body of the city or town may require the inspector to 
 give bond in such sum as they may fix for the faithful discharge of 
 his duties. 
 
 Sec. 2731. Apparatus for testing meters. — Every person, firm, cor- 
 poration or municipality furnishing for pay electricity, gas or 
 water by meter measure in any city or town having appointed an 
 inspector of meters, as aforesaid, shall provide and keep a suitable 
 and proper apparatus for testing and proving the accuracy of the 
 meters to be so furnished for use, by which apparatus all such 
 meters shall be tested at their rated capacity. 
 
 Sec. 2732. Meters not installed before inspection; meters now in use. — 
 No person, firm, corporation or municipality furnishing for pay 
 electricity, gas or water by meter measure shall hereafter furnish, 
 install and put in use any such meter in any city or town having 
 appointed an inspector of meters, as aforesaid, until such meter 
 shall first have been inspected and found correct by such inspector, 
 and it shall be the duty of such inspector to test the same upon the 
 written request of such proposed furnisher. No meter now in 
 service shall be required to be taken out for test, except where there 
 is doubt as to its accuracy and upon the written request of the 
 consumer, as herein provided. 
 
 Sec. 2733. Inspection of meters on complaint of consumer; deposit for 
 expense. — When any consumer, by meter, of electricity, gas or water 
 in any city or town having appointed an inspector of meters, as 
 aforesaid, doubts the accuracy of such meter and desires to have the 
 same tested, such consumer may file with the inspector of meters a 
 written complaint of the meter and request that the same be tested, 
 and shall at the same time deposit with the furnisher the sum of one 
 dollar to cover the expense of taking out and replacing such meter, 
 and thereupon it shall be the duty of such inspector as soon as prac- 
 ticable to accurately test said meter in the presence of and jointly 
 with the authorized agent of the furnisher, and also in the presence 
 of the complainant, if he so desires, and shall give to both the com- 
 plainant and to the furnisher a written report of such test and the 
 result thereof. 
 
 Sec. 2734. Repayment or forfeit of deposit. — If upon such test the 
 meter is found to be incorrect, in that it registers more than two 
 and one-half per cent too fast ; that is, more than two and one-half 
 per cent more electricity, gas or water than it should, then and in 
 that event the furnisher shall return to the complainant the one 
 dollar deposit and shall promptly [and] properly adjust and repair 
 the meter or furnish a correctly adjusted meter; but if upon such 
 test the meter shall not register more than two and one-half per 
 cent too fast — that is, more than two and one-half per cent more 
 than it ought to — the one dollar deposit shall be retained by the 
 furnisher to cover the expense of taking out and replacing the 
 meter. 
 
584 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 2735. Adjustment of charges. — If upon such test the meter shall 
 register more than two and one-half per cent too fast, as above 
 denned, the furnisher shall reimburse the complainant at the rate 
 at which the meter registers too fast for a period of one month 
 back; but if upon such test the meter shall be found to be incorrect, 
 in that is registers more than two and one-half per cent too slow — 
 that is, more than two and one-half per cent less electricity, gas or 
 water than it should — then and in that event the complainant shall, 
 in addition to the amount already charged him, pay at once 
 to the furnisher at the rate at which the meter is too slow for a 
 period of one month back, and the furnisher shall have the same 
 rights for collecting such additional sum as is provided for the col- 
 lecting of the past due and unpaid bills for electricity, gas or water, 
 as the case may be. 
 
 Sec. 2738. Standard of accuracy. — Any such meter having been 
 tested and found to be not more than two and one-half per cent too 
 slow nor more than two and one-half per cent too fast, as above 
 defined, shall be considered correct, and such inspector shall so mark 
 or stamp such meter and report the same to the governing body of 
 the city or town. 
 
 Sec. 2737. Access to meters. — Nothing in this article shall be so con- 
 strued as to prevent any furnisher of electricity, gas or water 
 from having free access to the meters. 
 
 Con. Stats., 1919, Vol. 2, ch. 84, Art. 7, p. 34. 
 
 Sec. 4760. Weight or measure to be stated.—* * * That for the 
 purpose of this article an article shall also be deemed to be mis- 
 branded : * * * 
 
 In the case of food : * * * 
 
 Third. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure, or numerical count so as to comply with 
 the regulations on labeling prescribed by the board of agriculture, 
 provided for by section 4764 in this article. The board of agricul- 
 ture is hereby authorized to establish rules and regulations per- 
 mitting reasonable variations when in their judgment exactness is 
 impractical : Provided, That the provisions of this paragraph shall 
 not apply to articles in packages or containers when the retail price 
 of such article is six cents or less: And, provided, further, That it 
 shall not apply to products on hand at the time of the passage of 
 this act until after January first, one thousand nine hundred and 
 sixteen. 
 
 Con. Stats., 1919, Vol. 2, ch. 84, Art. 9, p. 42. 
 
 Sec. 4781, as amended by Laws, 1921, ch. 140, p. 405. Standard grades 
 and packages for farm and horticultural products. — The purpose of this 
 act is to give authority to investigate marketing conditions, and to 
 establish and maintain standard grades and packages and State 
 brands for farm and horticulture crops and animal products. The 
 term " farm products " as used hereafter in this act shall be con- 
 strued to mean any or all of the crops or products named above in 
 this section. 
 
 Sec. 4782 (1919). Execution of act. — The board of agriculture is 
 charged with the execution of the provisions of this article, * * * 
 
NORTH CAROLINA 585 
 
 Sec. 4784. Board authorized to promulgate standard grades and pack- 
 ages; Federal regulations.' — After investigation, and from time to 
 time as may be practical and advisable, the board shall have author- 
 ity to establish and promulgate standards of opened and closed 
 receptacles for, and standards for the grade and other classification 
 of farm products, by which their quantity, quality, and value may 
 be determined, and prescribe and promulgate rules and regulations 
 governing the marks, brands, and labels which may be required for 
 receptacles for farm products, for the purpose of showing the name 
 and address of the producer or packer; the quantity, nature and 
 quality of the product, or any of them, and for the purpose of pre- 
 venting deception in reference thereto, and for the purpose of estab- 
 lishing a State brand for any farm product produced in North 
 Carolina: Provided, That any standard for any farm product or 
 receptacle therefor, or any requirement for marking receptacles for 
 farm products, now or hereafter established under authority of the 
 Congress of the United States, shall forthwith, as far as applicable, 
 be established or prescribed and promulgated as the official standard 
 or requirement in this State : Provided, That no standard established 
 or requirement for marking prescribed under this article shall become 
 effective until the expiration of thirty days after it shall have been 
 promulgated.. 
 
 Sec. 4785. Use of standard containers when made effective; nonstand- 
 ard packages may be used, when. — * * * Whenever any standard 
 for an open or closed receptacle for a farm product shall be made 
 effective under this article no person shall pack for sale in and 
 deliver in a receptacle, or sell in and deliver in a receptacle, any 
 such farm product to which such standard is applicable, unless the 
 receptacle conforms to the standard, subject to such variations there- 
 from as may be allowed in the rules and regulations made under 
 this article, or unless the receptacle be of a capacity twenty-five per 
 cent less than the capacity of the minimum standard receptacle for 
 the product: Provided, That any receptacle for such farm product 
 of a capacity within twenty-five per cent of, or larger than, the 
 minimum standard receptacle for the product may be used if it 
 be specifically described as not a standard size, or be conspicuously 
 marked with the phrase, " Not standard size," in addition to any 
 other marking which may be prescribed for such receptacles under 
 authority given by this article. 
 
 Whenever any requirement for marking a receptacle for a farm 
 product shall have been made effective" under this article no person 
 shall sell and deliver in this State any such farm product in a 
 receptacle to which such requirement is applicable unless the re- 
 ceptacle be marked according to such requirements. 
 
 Laws, 1921, ch. 170, p. 453. 
 
 Sec. 1. Corn meal. — It shall be unlawful for any person or persons 
 to pack for sale, sell, or offer for sale in this State corn meal except 
 in packages containing one pound, two pounds, three pounds, five 
 pounds, ten pounds, twenty-five pounds, fifty pounds, or one hun- 
 dred pounds, or multiple of one hundred pounds, and whether the 
 meal is bolted or unbolted shall be stated on the package. 
 
 Sec. 2. Hominy or grits. — That it shall be unlawful for any person 
 or persons to pack for sale, sell, or offer for sale any hominy or grits 
 
586 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 except in packages of one pound, one and one-half pounds, three 
 pounds, five pounds, ten pounds, fifty pounds, or one hundred 
 pounds, or multiples of one hundred pounds. 
 
 Sec. 3. Flour; sales from bulk.— It shall be unlawful for any person 
 or persons to pack for sale, sell, or offer for sale in this State flour, 
 except in packages containing six pounds, twelve pounds, twenty- 
 four pounds, forty-eight pounds, ninety-eight pounds, or one hun- 
 dred and ninety-six pounds of flour, and the net weight of all grits, 
 meal, or flour shall be stated on the package of such meal, flour, or 
 grits, with the name and address of the maker or jobber: Provided, 
 The provisions of this act shall not apply to the retailing of grits, 
 meal, or flour direct to customers from bulk, when the same is 
 priced and delivered by actual weight. 
 
 Sec. 4. Inspections for discovery of violations; violation certified to 
 solicitor. — The board of agriculture shall cause to be made from time 
 to time such inspections as may be necessary to determine whether 
 the provisions of this act have been violated. If it shall appear 
 from such inspection that any provision of this act have been vio- 
 lated, the commissioner of agriculture shall certify the facts to the 
 solicitor in the district in which the violation was committed, and 
 furnish that officer with the facts in the case. 
 
 Sec. 5. Violation of act misdemeanor; seizure and sale of goods; pro- 
 ceeds to use of department of agriculture ; release by commissioner. — Any 
 person or persons violating any provision of this act shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be 
 punished by fine or imprisonment in the discretion of the court, 
 and the meal or flour offered for sale in violation of this act shall 
 be subject to seizure, condemnation, and sale by the commissioner 
 of agriculture, as is provided for the seizure, condemnation, and sale 
 of commercial fertilizers; and the proceeds thereof, if sold, less the 
 legal cost and charges, shall be paid into the treasury for the use of 
 the department of agriculture in executing the provisions of this 
 act : Provided, That the commissioner of agriculture may in his dis- 
 cretion order the release of the grits, meal, or flour seized when the 
 owner of same shall offer to pack it in accordance with the provi- 
 sions of this act, and it shall appear to the satisfaction of the com- 
 missioner that said owner did not intend to ..violate the provisions 
 of the law. 
 
 Sec. 6. Meal and flour on hand. — The provisions of this act shall not 
 apply to meal or flour on hand at the time of the passage of this 
 act. 
 
 Con. Stats., 1919, Vol. 1, ch. 67, Art. 11, p. 1451. 
 
 Sec. 3529 (1913). Carload shipments of watermelons regulated; viola- 
 tion of regulations misdemeanor. — It shall be the duty of all common 
 carriers to furnish the weights of all carload shipments of water- 
 melons originating within the State to the shippers thereof within 
 forty-eight hours after receipt of the same. Any common carrier 
 violating the provisions of this section shall upon conviction be fined 
 ten dollars for each offense. 
 
 Con. Stats., 1919, Vol. 2, ch. 91, p. 119. 
 
 Sec. 5076 (1784). Shingles, of what size. — Shingles shall not be less 
 than eighteen inches long, four inches broad, and five-eighths of an 
 
NORTH CAROLINA 587 
 
 inch thick; should they be larger they shall not for that reason be 
 considered unmerchantable. 
 
 Sec. 5077. Merchantable planks and boards. — Boards of plank shall 
 be deemed merchantable, and passed by any inspector, that are free 
 from splits not more than twelve inches long, have no edge less 
 than half an inch thick, and as near as may be of an equal thickness 
 at each end; and every board, plank, piece of scantling or other 
 square timber, being marked with the number of more superficial 
 feet than are contained therein shall be forfeited to the county for 
 the use of the poor : Provided, No shingles, board, plank, or scantling 
 shall be inspected unless required by the purchaser. 
 
 Sec. 5079°. Sawmill lumber and tun timber, how measured. — All tun 
 and square timber and sawmill lumber at the several markets and 
 mills in the State shall be measured by superficial or board measure ; 
 and any person who shall sell such timber by any other measure 
 shall pay ten dollars for every offense. 
 
 Sec. 5081 (al889). Sale of firewood in towns to be by cord. — All fire- 
 wood sold in incorporated towns shall be sold by the cord and not 
 otherwise ; and each cord shall contain eight feet in length, four feet 
 in height and four feet in breadth ; and shall be corded by the seller, 
 under the penalty of two dollars for each offense, to the use of the 
 informer. 
 
 Sec. 5082 (1915). Gas and electric light bills to show reading of 
 meter. — It shall be the duty of all gas companies and electric light 
 companies selling gas and electricity to the public to show, among 
 other things, on all statements or bills rendered to consumers, the 
 reading of the meter at the end of the preceding month, and the 
 reading of the meter at the end of the current month, and the amount 
 of electricity, in kilowatt hours, and of gas, in feet, consumed for the 
 current month. 
 
 Any gas or electric light company failing to render bills or state- 
 ments, as provided for in this section, shall be subject to a penalty of 
 ten dollars for each violation of this section or failure to render such 
 statements, recoverable before a justice of the peace by any person 
 suing for the same ;_ but this section shall not apply to bills and 
 accounts rendered customers on flat rate contracts. 
 
 Sec. 5085 (1874-75). Cotton, weighing of. — If any weigher or pur- 
 chaser of cotton shall make any deduction from the weight of any 
 bag, bale, or package of lint cjotton, for or on account of the draft, 
 turn, or break of the scales, steelyards, or other implement used in 
 weighing the same, or for any other cause except as herein allowed, 
 the person so offending shall be guilty of a misdemeanor, and fined 
 three hundred dollars or imprisoned, in the discretion of the court: 
 Provided, That the weigher may make such proper deduction as 
 shall be agreed on by him and the seller, or his agent, for water, 
 dirt, or other foreign substance in or on such bag, bale, or package of 
 cotton, or for other just cause. 
 
 Sec. 5086. Cotton weigher failing to file oath a misdemeanor. — Every 
 public weigher of cotton shall, before entering on the duties of his 
 office, make and subscribe the oath prescribed for cotton weighers, 
 which, when made, shall be filed in the office of the register of deeds 
 for the county in which the person acts as weigher, and said register 
 shall make a note of the same, and any person acting as weigher 
 without making and filing the oath shall be guilty of a misdemeanor, 
 
588 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and shall be fined twenty-five dollars for every bag, bale, or package 
 of cotton which he shall have unlawfully weighed before being 
 qualified to do so. 
 
 Sec. 5096 (1856-57). Cotton sold in Wilmington to be weighed; who 
 to weigh ; board of county commissioners fix fee. — All cotton sold in the 
 town of Wilmington shall be weighed, under the penalty of one hun- 
 dred dollars for any bale sold without being weighed by the proper 
 officer. This not to apply to cotton bought elsewhere and brought 
 to Wilmington for export. Cotton shall be weighed by the inspec- 
 tors of flour and provisions, who have been or who may be, from time 
 to time, appointed by the board of county commissioners of New 
 Hanover. The board of county commissioners of said county shall, 
 from time to time, fix the fee, not to exceed ten cents per bale, for 
 the weighing of the aforesaid articles, and until said board shall 
 determine said fee, the inspector shall be entitled to receive the fol- 
 lowing fee viz., for every bale of cotton weighed, ten cents. 
 
 Sec. 5125 (1885). Weighing tobacco. — All leaf tobacco sold upon the 
 floor of any tobacco warehouse shall first be weighed by some reliable 
 person, who shall have first sworn and subscribed to the following 
 oath, to wit: "I do solemnly swear (or affirm) that I will correctly 
 and accurately weigh all tobacco offered for sale at the warehouse of 
 
 , and correctly test and keep accurate the scales 
 
 upon which the tobacco so offered for sale is weighed." Such oath 
 shall be filed in the office of the clerk of the superior court of the 
 county in which said warehouse is situated. 
 
 Con. Stats., 1919, Vol. 1, ch. 37, p. 845. 
 
 Sec. 1922 (al913). Dimensions of oyster measure. — All oysters meas- 
 ured in the shell shall be measured in a circular tub with straight 
 sides and straight, solid bottom, 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 18 inches from 
 inside to inside across the top, 16 inches from inside to inside chimb 
 to the bottom and 21 inches diagonal from inside chimb to top. All 
 measures found in the possession of any dealer not meeting the re- 
 quirements of this section shall be destroyed by said fisheries com- 
 missioner, assistant commissioner or inspector. Any person using 
 an unlawful measure for the sale or purchase of oysters shall be 
 guilty of a misdemeanor. 
 
 Sec. 1924 (1903). Using illegal measures for oysters. — If any person 
 shall in buying or selling oysters use any measure other than that 
 prescribed by law for the measurement of oysters, or if any dealer 
 in oysters shall have in his possession any measure for measuring 
 oysters other than that prescribed by law, he shall be guilty of a 
 misdemeanor and be fined not exceeding fifty dollars or imprisoned 
 not exceeding thirty days. 
 
 Sec. 1961 (1909). Salt fish sold by weight; marked on package. — All 
 salt fish packed for market shall be sold at their net weight, which 
 shall be marked on every package ; and any person packing or offer- 
 ing for sale salt fish, fraudulently marking the net weight on the 
 package, shall for each offense be guilty of a misdemeanor and fined 
 not more than fifty dollars or imprisoned not more than thirty days, 
 or both, at the discretion of the court. 
 
NORTH CAROLINA 589 
 
 Sec. 1962. Salt mullet; special marking. — Each package of salt mul- 
 lets packed ancTbfferecl for sale shall be marked or stamped "large," 
 "medium" or "small," and all packages containing any other kind 
 of fish shall be marked plainly the name of the fish contained, and 
 any person who shall pack as principal or shall have the same done 
 by others for him shall be deemed the packer and shall stamp his 
 name and place of packing, together with net weight and size of fish, 
 as prescribed in this section, on the head of each package before 
 offering for sale or shipment, and on failure to pack and stamp as 
 herein prescribed, or to pack or stamp said package falsely, so as 
 to misrepresent the weight or size of the fish in said package, shall 
 be guilty of a misdemeanor and fined not less than five nor more 
 than fifty dollars for each offense, and may be imprisoned at the 
 discretion of the court, not to exceed thirty days: Provided, This 
 section shall not apply to packages containing less than fifty pounds 
 net fish : Provided further, This section shall not apply to fishermen 
 themselves, but shall apply only to merchants and others who may be 
 classed as packers or brokers, within the proper meaning of the term. 
 
 Sec. 1963 (1911). Standard measure established for menhaden fish (fat- 
 backs) ; use of other standard misdemeanor ; punishment ; proviso ; sepa- 
 rate offense. — For the purpose of uniformity in the trade of manu- 
 facturing fish scrap and oil in the State of North Carolina, there is 
 hereby established a standard measure of twenty-two thousand cubic 
 inches for every one thousand fish. Any person, firm, corporation 
 or syndicate buying or selling menhaden fish for the purpose of 
 manufacturing within the borders of this State, who shall measure 
 the fish by any other standard (more or less) than is prescribed in 
 this section shall be guilty of a misdemeanor, and upon conviction 
 shall be fined not more than fifty dollars or imprisoned not to ex- 
 ceed thirty daj^s. Each day said measure is unlawfully used shall 
 constitute a separate and distinct offense. 
 
 Con. Stats., 1919, Vol. 1, ch. 52, p. 1115. 
 
 Sec. 2533 (al885). Measures kept, toll by weight. — All millers shall 
 keep in their mills the following measures, namely, a half bushel and 
 peck of full measure, and also proper toll dishes for each measure; 
 but the toll allowed by law may be taken by weight or measure at 
 the option of the miller and customer. 
 
 Sec. 2534 (1848). Mills, false toll dishes.— If any owner, by himself 
 or servant, keeping any mill, shall keep any false toll dishes, he shall 
 be guilty of a misdemeanor. 
 
 1 Con. Stats., 1919, Vol. 2, ch. 84, p. 3. 
 
 Sec. 4690 (al917). Fertilizer; net weight. — All persons, companies, 
 manufacturers, dealers, or agents, before selling or offering for sale 
 in this State any commercial fertilizer or fertilizer material, shall 
 brand or attach to each bag, barrel, or package the brand name of 
 the fertilizer, the weight of the package, the name and address of 
 the manufacturer, * * *. These items shall be branded or 
 printed on the bag or package in the following order : 
 
 1. Weight of each package in pounds. 
 
 2. Brand name or trade-mark. 
 
 7. Name and address of the manufacturer. 
 
590 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4705. Cotton-seed meal; weight to be marked. — All cotton-seed 
 meal offered for sale, unless sold to manufacturers for use in manu- 
 facturing fertilizers, or feed, shall have plainly branded on the bag 
 containing it, or on the tag attached thereto, the following data: 
 
 1. Cotton-seed meal (with brand and grade). 
 
 2. Weight of package. * * * 
 
 4. Name and address of manufacturer. 
 
 Sec. 4724 (1909). Concentrated commercial feeding stuffs. — Every lot 
 or parcel of concentrated commercial feeding stuff sold, offered or 
 exposed for sale within this State shall have affixed thereto or 
 printed thereon, in a conspicuous place on the outside thereof, a 
 legible and plainly printed statement in the English language clearly 
 and truly certifying the weight of the package ; the name, brand, or 
 trade-mark under which the article is sold; the name and address 
 of the manufacturer, jobber, or importer; * * * 
 
 Sec. 4725. Weight of packages prescribed. — All concentrated com- 
 mercial feeding stuffs shall be in standard-weight bags or pack- 
 ages of twenty-five, fifty, seventy-five, one hundred, one hundred 
 twenty-five, one hundred fifty, one hundred seventy-five, and two 
 hundred pounds. 
 
NORTH DAKOTA 
 
 Laws, 1923, ch. 344, p. 515. 
 
 Sec. 1. Inspector of weights and measures, and deputy inspector; 
 powers and duties. — The sheriff of each county within the State shall 
 be the inspector and sealer of weights and measures. He shall have 
 power to appoint a deputy to perform the duties hereinafter pro- 
 vided, who must be a person qualified by experience and training 
 to intelligently perform the same, but he may be a regular deputy 
 sheriff provided he has the qualifications above described. The 
 deputy shall have the same power and perform the same duties 
 under this article as the inspector and sealer, and shall take and 
 subscribe the oath required by other county officers. 
 
 Sec. 2. Inspector of deputy, powers and duties. — The inspector and 
 sealer or his deputy shall once in each year, test all weights and 
 measures, scale beams, patent balances, steelyards and other instru- 
 ments used in weighing or measuring any commodity sold by 
 weight or measure in his county by the duplicates of said weights 
 and measures as hereinafter provided : Provided, The inspector of 
 weights and measures or his deputy may test wagon scales oftener 
 than once each year if he has reason to believe that the same are not 
 weighing correctly. He shall give to the person in charge of such 
 weights or measures a certificate of the correction thereof, if found 
 to be correct, and if found to be incorrect, he shall cause the same 
 to be corrected, if he can, and if not he shall mark the same " con- 
 demned " and in case of short weights or measures that can not be 
 corrected he shall condemn, confiscate and keep the same- for evi- 
 dence. He shall keep a record of all such certificates issued by him 
 and of all his transactions under this article, and shall file with 
 the county auditor during the month of December of each year's 
 statement showing the date of examination and giving the names 
 of the persons, firms or corporations whose scales, weights and 
 measures have been by him examined, and setting out against such 
 names an enumeration of any scales, weights or measures by him so 
 condemned. 
 
 Sec. 3. Standard of weights and measures; penalty for altering. — 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 ad- 
 justed and sealed so that it does not conform to such standard and 
 fraudulently makes use thereof, shall be fined for each offense fifty 
 dollars. 
 
 Sec. 4. County standards. — The board of county commissioners of 
 each county shall purchase such duplicates of weights and measures 
 
 517—27 38 591 
 
592 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 enumerated in section 10 of this act, as are deemed necessary for the 
 use of the inspector in the carrying out of the provisions of this 
 article, which duplicates shall be paid for by the county and be de- 
 livered to the inspector, who shall be responsible to the county under 
 his bond as sheriff for their delivery to his successor in office. 
 
 Sec. 5. Fees; compensation for correcting and adjusting. — The in- 
 spector of weights and measures shall demand and receive for the 
 inspection herein provided for, and the furnishing to the person 
 whose weights and measures are inspected, a certificate of such in- 
 spection, the following fees, which fees shall belong to the inspector 
 and need not be turned over to the county : 
 
 For inspecting and sealing railroad and track scales of capacity of 
 
 twenty tons and upwards $3.00 
 
 For inspecting and sealing dormant scales, each 2.00 
 
 For inspecting and sealing movable platform scales 1. 00 
 
 For inspecting and sealing beams weighing one hundred pounds and 
 
 upwards . 25 
 
 For inspecting and sealing hopper scales, each 1. 50 
 
 For inspecting and 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 
 
 For inspecting and sealing any two-bushel or one-bushel measure .25 
 
 For inspecting and sealing any other dry measure, each . 10 
 
 For inspecting and sealing liquid measures of a capacity of five gallons 
 
 or more, each . 25 
 
 For inspecting and sealing anything less than one gallon . 10 
 
 For inspecting and sealing liquid measures of less than five gallons 
 
 and not less than one gallon . 15 
 
 For inspecting and sealing any board or cloth measure, each . 10 
 
 When the inspector or his deputy shall find any of the instruments 
 or articles used in weighing or measuring to be wrongly adjusted, 
 misconstructed, out of repair, or in any other condition which can be 
 remedied by him, it shall be his duty to correct such scale or measure 
 and he shall collect for such services seventy-five cents per hour for 
 the actual and necessary time consumed in making such corrections 
 and just compensation for any material used in such correction. 
 
 Sec. 6. Using false weight or measure; inspector not to seal incorrect 
 weights or measures; seizing for evidence. — If any person knowingly 
 uses a false weight, measure, scale, balance or beam after such weight, 
 measure, scale, balance or beam has been adjusted and sealed and 
 alters it so that it does not conform to the public standard and 
 fraudulently makes use of it, he shall forfeit for each offense fifty 
 dollars, and every inspector and sealer' who has reasonable cause to 
 believe that a weight, measure, balance or beam has been altered 
 since it was last adjusted and sealed shall enter the premises in 
 which it is kept or used and shall examine the same and if found 
 tampered with, shall have power to seal them in such a manner that 
 they can not be used until such disability is removed and such scale, 
 balance or beam shall be kept sealed until such fine is paid. The 
 inspector or sealer shall in no case seal or mark as correct any 
 weights, measures or balances which do not conform to the stand- 
 ard. 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 weights, measure 
 or balance a notice prohibiting their use until he is satisfied that 
 they have been so adjusted as to conform to the standard, and who- 
 
NORTH DAKOTA 593 
 
 ever removes said notice without the consent of the officer affixing 
 the same, shall for each offense forfeit a sum not exceeding fifty 
 dollars. The sealer or deputy sealer of weights and measures may 
 seize without warrant such weights, measures or balances as may be 
 necessary to be used as evidence in case of violation of the law relat- 
 ing to the sealing of weights and measures, such weights, measures 
 or balances to be returned to the owner or forfeited as the court may 
 direct. 
 
 Sec. 7. Making complaint of violation. — Any person believing any 
 dealer is violating the provisions of this act may make complaint, 
 in writing, to any inspector or sealer or his deputy and deposit 
 with him five dollars, setting forth the particular facts relating 
 to such violation and that he has reason to believe that the same 
 are true. Upon such complaint such sealer or his deputy shall 
 forthwith test the scales, weights and measures respecting the mat- 
 ter 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 com- 
 plained of are true he shall return the five dollars to the complain- 
 and and it shall be his duty forthwith to arrest the person in charge 
 of such scale, and take him before a justice of the peace in the county 
 for trial and upon conviction such person, whether the owner or 
 not, shall be guilty of a misdemeanor and punished accordingly. 
 In all such cases the sealer or deputy sealer making the test shall make 
 and swear to the complaint and shall be entitled to the same fees as 
 allowed officers making an arrest upon a warrant, besides the sum 
 of one dollar for making the test. 
 
 Sec. 8. Obstructing' or misleading an inspector. — Any person who 
 shall willfully obstruct or mislead the inspector or sealer in the execu- 
 tion of his duties as herein provided, shall be subject to conviction 
 and punishment therefor in the same manner as is now provided for 
 the conviction and punishment of persons opposing or hindering an 
 officer, ministerial, judicial or executive, under the laws of the State, 
 and the inspector and sealer shall have full power and authority for 
 the various purposes named to examine any weights, measures, scales, 
 balances or beams. 
 
 Sec. 9. Commissioner of agriculture and labor responsible for standards 
 and other property. — All standards of weights and measures and all 
 other property, apparatus for weighing and measuring supplies, 
 records and correspondence now in the possession of the State in- 
 spector of grades, weights and measures, as provided in chapter 241 
 of the Session Laws of North Dakota for the year 1919, shall be 
 transferred to the commissioner of agriculture and labor who shall 
 then become responsible to the State of North Dakota for the proper 
 use and care of the same. 
 
 Sec. 10. Commissioner of agriculture and labor to keep certain stand- 
 ards; use of such standards; record of county standards tested. — The 
 commissioner of agriculture and labor shall procure and keep in his 
 office the following standards of weights and measures, which shall 
 conform in every particular to the United States standards of 
 weights and measures: One bushel, one-half bushel, one peck, one- 
 half peck, one quart, one wine gallon, one wine half gallon, one wine 
 quart, one wine pint, one wine gill. Such measures shall be made of 
 
594 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 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 or a pound, one one-sixteenth 
 of a pound or one ounce weight, one set of apothecaries' weights from 
 one pound to one grain, one set of troy weights from one pound to 
 one grain; besides such other scales, beams and balances as shall be 
 necessary to test other weights by these standards; which measures, 
 weights, scales, beams and balances are hereby declared to be the legal 
 standards of weights and measures for this State. Such commis- 
 sioner of agriculture and labor shall be charged with the custody and 
 be accountable to the State for the proper use and care of the same. 
 Such standards shall be used only for testing the standards provided 
 for in this article, and such commissioner of agriculture and labor 
 shall keep a record of all county weights, measures, beams and 
 balances marked and tested by him. 
 
 Sec. 11. Repeal.— That sections 2999, 3000, 3003, 3004, 3005 of the 
 Compiled Laws of North Dakota for the year 1913, and chapter 241 
 of the Session Laws of 1919, and all acts and parts of acts in conflict 
 herewith are hereby repealed. 
 
 Laws, 1919, ch. 239, p. 483. 
 
 Sec. 1. Dry measure. — The standard measure of capacity for com- 
 modities sold by dry measure, shall be the bushel containing 2,150.42 
 cubic inches. The half bushel, peck, half peck, quarter peck, quart 
 and pint shall be derived by successively dividing that measure by 
 two. 
 
 Sec. 2. Liquid measure. — The standard measure of capacity for 
 liquids shall be wine gallon, containing 231 cubic inches; and 31.50 
 gallons shall constitute a barrel, and 63 gallons a hogshead. 
 
 Sec. 3. Lineal measure. — The standard measure of length, from 
 which all other measures of extension, lineal, superficial or solid, 
 shall be derived, is the yard, of 3 feet, or 36 inches. 
 
 Sec. 4. Hundredweight. — In contracts for the sale of goods or com- 
 modities the term " hundredweight " shall mean 100 pounds 
 avoirdupois. 
 
 Sec. 5. Standard weight of bushel, etc. — In contracts for the sale of 
 any of the following articles, the term " bushel " shall mean the 
 number of pounds avoirdupois herein stated : x 
 
 Pounds 
 
 Alfalfa 60 
 
 Apples 50 
 
 Apples, dried 28 
 
 Barley 48 
 
 -Beans 60 
 
 Beans, broad Windsor 47 
 
 Beans, Lima 55 
 
 Beans, whit erunner pole 50 
 
 Beets 60 
 
 Blue grass seed 14 
 
 Bran 20 
 
 Bromus inermis 14 
 
 Pounds 
 
 Broom corn seed 30 
 
 Buckwheat 42 
 
 Corn, in the ear 70 
 
 Corn, shelled 56 
 
 Corn, sweet 48 
 
 Carrots 45 
 
 Chestnuts 50 
 
 Clover seed GO 
 
 Coal, stone 80 
 
 Cranberries 36 
 
 Cucumbers 48 
 
 Flaxseed 56 
 
 1 A sligbt change has been made in the arrangement for convenience of reference. 
 
NORTH. DAKOTA 595 
 
 Pounds 
 
 Pounds 
 
 Plastering hair, washed 4 
 
 Potatoes, Irish 60 
 
 Potatoes, sweet 46 
 
 Rapeseed 50 
 
 Rhubarb 50 
 
 Rutabagas 52 
 
 Rye 56 
 
 Salt 80 
 
 Sorghum seed 57 
 
 Speltz 40 
 
 Timothy seed 45 
 
 Turnips 60 
 
 Tomatoes 50 
 
 Walnuts 50 
 
 Wheat 60 
 
 Hempseed 50 
 
 Hickory nuts 50 
 
 Hungarian grass seed 48 
 
 Lime 80 
 
 Millet 50 
 
 Oats 32 
 
 Onions 52 
 
 Onions, bottom sets 32 
 
 Onions, top sets 28 
 
 Orchard grass seed 14 
 
 Parsnips 42 
 
 Peaches, dried 28 
 
 Peanuts 22 
 
 Pears 45 
 
 Peas 60 
 
 Plastering hair, unwashed 8 
 
 Sec. 6. Standard measurement of wood. — In all contracts for sale of 
 wood the term "cord " shall mean 128 cubic feet of wood, in four- 
 foot lengths ; and if the sale is of " sawed wood," a cord shall mean 
 310 cubic feet when ranked, or 160 cubic feet when thrown irreg- 
 ularly or loosely into a conveyance for delivery to the purchaser; 
 and if the sale is of " sawed and split " wood, a cord shall mean 120 
 cubic feet, when ranked, and 175 cubic feet when thrown irregularly 
 and loosely in a conveyance for delivery. 
 
 Sec. 7. Standard weight of coal. — In all contracts for the sale of 
 coal, charcoal and ice the term " ton " shall mean 2,000 pounds. A 
 sale of coal, charcoal and ice, except by weight is hereby prohibited. 
 
 Sec. 8. Standard weight of flour. — In all contracts for the sale of 
 flour, the term " barrel " shall mean 196 net pounds avoirdupois. 
 
 Sec. 9. Fractional parts. — All contracts for the sale of a fractional 
 part of a bushel, barrel, ton or cord of any article or commodity 
 on which the legal weight or measurement per bushel, barrel, ton, 
 cord, gallon or fractional parts has been established, shall require 
 and mean a like fractional part of the legal and established weight 
 or measurement per bushel, barrel, ton or cord. 
 
 Sec. 10. Penalty for violation. — Whoever in buying shall take any 
 greater number of pounds or cubic feet to the bushel, barrel, ton, 
 cord, gallon or fractional part, as the case may be and as herein 
 allowed and provided, or in selling shall give any less number shall 
 be guilt}' of a misdemeanor, and upon conviction thereof shall be 
 punished by a fine of not less than ten dollars nor more than one 
 hundred dollars or by imprisonment for not less than ten days nor 
 more than ninety daj's in the county jail, and the cost of such pro- 
 ceeding. 
 
 Sec. 11. Variation. — The State inspector of grades, weights and 
 measures 2 shall establish uniform tolerance or reasonable variances 
 to take care of unavoidable shrinkage and all scale variations in 
 handling and weighing any of the articles mentioned in this act. 
 
 Sec. 12. Repealing clause. — Section 3006 of the Compiled Laws of 
 North Dakota for the year 1913 and all other acts and parts of acts 
 in conflict with the provisions of this act are hereby repealed. 
 
 'This office abolished by Laws, 3923, ch. 344. p. 515, which repealed Taws 1919 eh 
 241, p. 487. 
 
596 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 laws, 1923, ch. 222, p. 289. 
 
 Sec. 6. Net contents to be marked on packages containing food. — That 
 for the purposes of this act an article shall also be deemed to be 
 misbranded : * * * 
 
 B. In the case of food : * * * 
 
 Fourth. If, in package form, the name of the article, together 
 with the quantity of the contents in terms of weight, measure or 
 numerical count, be not plainly and conspicuously marked on the 
 the outside of the package. 
 
 Fifth. If, in package form, the package be not filled with the 
 food it purports to contain, irrespective of whether the quantity of 
 the contents be plainly and conspicuously marked on the out- 
 side of the package in terms of weight, measure or numerical 
 count. * * * 
 
 Sec. 7. lard, how sold. — Every lot of lard, or of lard compounds, 
 or of lard substitutes, unless sold in bulk, shall be sold in pails or 
 other containers holding one, three or five pounds net weight, or 
 some whole multiple of these numbers and not any fractions thereof. 
 
 Sec. 8. Bread, how sold. — It shall be unlawful for any person to 
 sell, offer or expose for sale or to have with intent to sell or trans- 
 port any bread, the loaf of which is not one of the following 
 weights: Sixteen ounces; twenty-four ounces avoirdupois or any 
 whole multiple of sixteen ounces avoirdupois. The weights shall 
 apply alike to each unit of twin or multiple loaves. Any loaf shall 
 be of the required weight at any period from the time of baking 
 until twelve hours thereafter. The above required weight standards 
 shall apply alike to wheat bread, white bread, milk bread, rye bread, 
 raisin bread, currant bread, brown bread, graham or whole wheat 
 bread and other similar kinds of farinaceous substances baked in 
 loaves and known and designated by the trade as bread. The aver- 
 age weight of loaves shall be as often above as below any permis- 
 sible weights: Provided, That the weight standards defined in this 
 section shall not be construed to apply to cake, buns, biscuits and 
 similar small unit products. 
 
 Sec. 9. Special weights and sizes. — It shall be unlawful for any 
 person, firm or corporation to manufacture, sell or expose for sale, 
 any article of food or drug in any package or container, the size or 
 shape of which may deceive or tend to deceive the purchaser of such 
 product as to the contents of said package or container, and that for 
 the purpose of preventing fraud and deception, the State food com- 
 missioner and chemist shall hereby be authorized to establish, pub- 
 lish and enforce rules and regulations relative to the size, weight 
 or style of package of other specific food or drug commodities than 
 those specifically named in section 7 and section 8 of this act, and 
 such rules and regulations shall have the force and effect of law. 
 
 Comp. Laws, 1913, Vol. 1, ch. 38, p. 614. 
 
 Sec. 3014 (1909). Unlawful to buy at other than legal weight; dock- 
 age. — It shall be unlawful for any person, firm, association, copart- 
 nership or corporation doing business in the State to purchase or 
 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 
 
NORTH DAKOTA 597 
 
 same, excepting on such grains as the grain inspection boards for 
 the terminal markets of the States of Minnesota and Wisconsin 
 place a dockage. 
 
 Sec. 3015. Penalty. — Any person, firm, association, copartnership or 
 corporation found guilty of violating the provisions of this article 
 shall be guilty of a misdemeanor and be fined not less than twenty- 
 five nor more than one hundred dollars for each and every offense. 
 
 Sec. 3016 (al893). Public scales, — The board of county commission- 
 ers of any county is authorized in its discretion, when petitioned by 
 fifteen or more residents and actual farmers of the county, to estab- 
 lish and locate public scales at suitable railway stations in its county. 
 
 Sec. 3017. Care and capacity of scales. — Such scales shall be pur- 
 chased by the county, and shall be under cover, and of not less 
 than five tons' weighing capacity, and shall be the property of the 
 county, and at all times under its control and subject to removal 
 when the county commissioners shall so require. 
 
 Sec. 3018. Appointment of weighmasters. — The board shall also 
 appoint at each place where it establishes such scales, a public weigh - 
 master, who shall have the custody and care of such property, and 
 who shall give a bond in the sum of five hundred dollars, conditioned 
 for the safe-keeping of the same and for the faithful and impartial 
 discharge of his duties. 
 
 Sec. 3019. Weighmasters to keep record. — Each public weighmaster 
 shall keep a stub record of all weighing, which record and the re- 
 ceipt of such weighmaster shall show for whom property was 
 weighed, and shall, with such receipt, constitute prima facie evidence 
 of the facts therein contained. 
 
 Sec. 3020. Compensation. — Such public weighmasters shall receive 
 such compensation and shall be governed by such rules and regula- 
 tions as may be adopted by the board of county commissioners, and 
 may be removed at any time by such board for cause. 
 
 Comp. Laws, 1913, Vol. 2, ch. 71, p. 2296. 
 
 Sec. 9983°. False weights and measures; penalty. — If any person with 
 intent to defraud, uses a false balance, weight or measure, in the 
 weighing or measuring of anything whatever that is purchased, sold, 
 bartered, shipped or delivered, for sale or barter, or that is pledged 
 or given in payment, he shall be punished by fine not exceeding one 
 hundred dollars nor less than five dollars, or by imprisonment in a 
 county jail not more than thirty days, or by both such fine and 
 imprisonment, and shall be liable to the injured party in double 
 the amount of damages. 
 
 Sec. 9984. Retaining same. — Every person who retains in his pos- 
 session any weight or measure, knowing it to be false, unless it 
 appears beyond a reasonable doubt that it was so retained without 
 intent to use it, or permits it to be used in violation of the last sec- 
 tion, shall be punished as therein provided. 
 
 Sec. 9985. Officer may seize same. — Every person who is authorized 
 or enjoined by law to arrest another person for a violation of sec- 
 tions 9983 and 9984, is equally authorized and enjoined to seize any 
 false weights or measures found in the possession of the person so 
 arrested, and to deliver the same to the magistrate before whom the 
 person so arrested is required to be taken. 
 
598 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 9986. May be tested and destroyed. — The magistrate to whom 
 any weight or measures is delivered, pursuant to the last section, 
 shall, upon the examination of the accused, or, if the examination is 
 delayed or prevented, without awaiting such examination, cause the 
 same to be tested by comparison with standards conformable to law; 
 and if he finds it to be false, he shall cause it to be destroyed, or to 
 be delivered to the State's attorney of the county in which the accused 
 is liable to prosecution or trial, as the interests of justice in his 
 judgment may require. 
 
 Sec. 9987. Duty of State's attorney. — Upon the conviction of the 
 accused, such State's attorney shall cause any weight or measure in 
 respect whereof of the accused stands convicted, and which remains 
 in the possession or under the control of such State's attoimey, to be 
 destroyed. » 
 
 Sec. 9988. Stamping false weight or tare. — Every person who know- 
 ingly marks or stamps false or short weight or false tare on any 
 cask or package, or knowingly sells or offers for sale any cask or 
 package so marked, is guilt}' of a misdemeanor. 
 
 Comp. laws, 1913, Vol. 1, ch. 44, p. 855. 
 
 Sec. 3599 (al913). General powers of city council; to provide for the 
 place and manner of selling commodities ; regulate selling of bread ; regu- 
 late inspecting, weighing and measuring of certain articles; weights and 
 measures, sealing of, etc. ; vendors to use correct weights and measures. — 
 The city council shall have power : 
 
 36. To provide for the place and manner of sale of meats, poultry, 
 fish, butter, cheese, lard, vegetables and all other provisions, and 
 regulate the selling of the same. 
 
 37. To regulate the sale of bread in the city and prescribe the 
 weight and quality of the bread in the loaf. 
 
 39. To regulate the inspecting, weighing and measuring of lumber, 
 firewood, coal, hay and other articles of merchandise, to establish or 
 purchase one or more city scales, and to require dealers in hay, coal, 
 firewood or any other commodity which in the judgment of the 
 city council should be weighed upon the city scales, to use such 
 scales in the sale of such commodity, and such city is authorized to 
 charge a reasonable fee therefor. 
 
 40. To provide for the inspection and sealing of weights and 
 measures. 
 
 41. To enforce the keeping and use of proper weights and meas- 
 ures by vendors. 
 
 70. To tax, licence and regulate auctioneers, lumber yards, public 
 scales, money changers and brokers. 
 
 Comp. Laws, 1913, Vol. 1, ch. 45, p. 924. 
 
 Sec. 3818 (al911). General powers of commissioners. — The board of 
 city commissioners shall have power: * * * 
 
 30. To regulate the sale of bread in the city and prescribe the 
 weight and quality of the bread in the loaf. 
 
 32. To regulate the inspection, weighing and measuring of lumber, 
 firewood, coal, hay and any articles of merchandise. 
 
 33. To provide for the inspection and sealing of weights and 
 measures. 
 
NORTH DAKOTA 599 
 
 34. To enforce the keeping and use of proper weights and measures 
 by vendors. 
 
 Comp. Laws, 1913, Vol. 1, Art. 59, p. 726. 
 
 Sec. 3007°. Ton of hay. — A ton of hay shall consist of two thousand 
 pounds; or by measurement, three hundred and forty-three cubic feet 
 after the same shall have been stacked thirty days or such time as 
 ma}' be agreed upon between the parties. 
 
 Sec. 3008. Perch of stone. — A perch of mason work or stone shall 
 consist of twenty-five feet, cubic measure. 
 
 Comp. Laws, 1913, Vol. 1, ch. 14, p. 1103. 
 
 Sec. 4775 (1890). Platform scales. — Every railroad company shall 
 allow suitable scales to be erected either upon the platform or upon 
 the grounds adjacent thereto, if upon their right of way, for weigh- 
 ing and shipping purposes. 
 
 Sec. 4776. Penalty. — Every railroad company neglecting or refus- 
 ing to comply with the requirements of the last four sections shall 
 be deemed guilty of a misdemeanor and be subject to a fine of not 
 less than five hundred dollars for every thirty days such failure shall 
 continue after notice as aforesaid. 
 
 Laws, 1919, ch. 192, p. 358. 
 
 Sec. 6. Track scales, installation of. — The commissioners [the board 
 of railroad commissioners of the State] shall have the power to order 
 and require the installation of track scales by common carriers at all 
 points in the State where the same are deemed to be necessary and 
 to enforce reasonable regulations for the weighing of cars and 
 freight. 
 
 Sec. 9. — (a) The commissioners and their officers and employes 
 shall have the power to enter upon an}' premises occupied by any 
 public utility for the purpose of making examinations and tests and 
 exercising any of the powers provided for in this act and to set out 
 and use on said premises any weights or appliances necessary there- 
 for, (b) Any consumer or user of any produce or commodity or 
 service of a public utility may have any appliance used in the meas- 
 urement thereof tested by paying the fees fixed b} 7 the commissioners. 
 The commissioners shall establish and fix reasonable fees to be paid 
 for testing such appliances, (c) The commissioners shall have the 
 power to ascertain and fix just and reasonable standards, classifica- 
 tions, regulations, practices, measurements or services to be fur- 
 nished, imposed, observed and followed by all public utilities; to 
 ascertain and fix adequate and serviceable standards for the measure- 
 ment, quantity, quality, pressure, initial voltage or other condition 
 pertaining to the supply of the product, commodity or service fur- 
 nished or rendered by any such public utility; to prescribe reasonable 
 regulations for the examination and testing of such products, com- 
 modity or service and for the measurement thereof; to establish rea- 
 sonable rules, regulations, specifications and standards to secure the 
 accuracy of all meters and appliances for measurements, and to pro- 
 vide for the examination and testing of any and all such appliances 
 used for the measurement of any product, commodity or service of 
 any public utility. 
 
600 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Comp. Laws, 1913, Vol. 1, ch. 38, p. 614. 
 
 Sec. 2853, as amended by Laws, 1915, ch. 81, p. 93. Standard milk and 
 cream measures and tests. — The State standard milk measure, or 
 pipette, shall have a capacity of seventeen and six-tenths cubic centi- 
 meters, and the standard test tubes or bottles for milk shall have a 
 capacity of two cubic centimeters of mercury at a temperature of 
 sixty degrees Fahrenheit between " zero," and ten on the graduated 
 scale on the neck thereof. Cream shall be tested by weight and the 
 standard unit for testing shall be eighteen grams, and the standard 
 test tubes or bottles shall have a capacity for ten cubic centimeters 
 of mercury at a temperature of sixty degrees Fahrenheit between 
 " zero," and fifty on the graduated scale on the neck thereof, and it 
 is hereby made a misdemeanor to use any means of determining the 
 amount of butterfat in milk or cream other than the Babcock test, 
 or to use any measures, weights, test tubes or bottles, other than those 
 herein described to test the value of milk or cream or the products 
 of either or both, or to determine the percentage of butterfat con- 
 tained therein. Any manufacturer, merchant, dealer or agent in 
 this State who shall offer for sale or sell a milk pipette or measure, 
 test tube or bottle, which is not marked or graduated as herein pro- 
 vided shall be guilty of a misdemeanor and upon conviction thereof 
 shall be punished as provided by law. 
 
 Sec. 2890. Fertilizers; net weight to be shown. — Every person who 
 shall sell, offer or expose for sale in this State any commercial fer- 
 tilizer or any material to be used as a fertilizer, the selling price of 
 which exceeds five dollars per ton, shall stamp on or affix to each 
 package of such fertilizer, in a conspicuous place on the outside 
 thereof, a plainly printed statement which shall certify as follows: 
 
 1. The number of net pounds of fertilizer in the package sold or 
 offered for sale. 
 
 2. The name, brand or trade-mark under which the fertilizer is 
 sold. 
 
 3. The name and address of the manufacturer of the fertilizer. 
 Sec. 2911, as amended by Laws, 1921, ch. 37, p. 71. Weight to be 
 
 marked on packages of feeding stuff. — Every lot or parcel of any 
 " concentrated commercial feeding stuff," as defined in section 3 
 [2913] , used for feeding farm live stock, sold, offered or exposed for 
 sale in the State, shall have affixed in a conspicuous place on the out- 
 side thereof, a legible and plainly written statement, clearly and truly 
 certifying the number of net pounds contained therein, the name, 
 brand or trade-mark under which the article is sold, the name and 
 address of the manufacturer or importer, * * * 
 
 Comp. Laws, 1913, Vol. 2, ch. 51, p. 2256. 
 
 Sec. 9763°. Omitting to mark baled hay. — Every person who, in 
 putting up or pressing any bundle of hay for market, omits to put 
 the number of pounds in each bundle or bale so put up, for which 
 he sells or offers to sell it, is guilty of a misdemeanor. 
 
 Sec. 9764. Fraudulently increasing weight. — Every person who, in 
 putting up in any bag, bale, box, barrel or other package, any hops, 
 cotton, hay or other goods usually sold in bags, bales, barrels or 
 packages, by weight, puts in or conceals therein anything whatever 
 for the purpose of increasing the weight of such bag, bale, box, 
 
NORTH PAKOTA 601 
 
 barrel or package, is punishable by a fine of twenty-five dollars for 
 each offense. 
 
 Comp. Laws, 1913, Vol. 2, ch. 57, p. 2268. 
 
 Sec. 9345°. Weighmaster making false entry. — Every weighmaster 
 upon any canal that may hereafter be constructed and owned by this 
 State and every clerk of such weighmaster, who knowingly makes a 
 false entry of the weight of any boat or cargo of any boat navigating 
 such canal, or who knowingly makes a false certificate of the light 
 weight of any boat, is guilty of a misdemeanor. 
 
 Laws, 1915, ch. 188, p. 273. 
 
 Sec. 13, as amended by Laws, 1917, ch. 162, p. 228. Barrel of illuminat- 
 ing oils, gasoline or petroleum products. — Each and every inspector 
 and deputy inspector who shall inspect any consignment of illumi- 
 nating oils or gasoline or petroleum products of less than one hun- 
 dred degrees Fahrenheit, flash test, as provided in this article, shall 
 charge the consignor or consignee of such goods the sum of three 
 cents for testing a barrel or less quantity. Fifty gallons shall con- 
 stitute a barrel * * * 
 
 Laws, 1919, ch. 165, p. 284. 
 
 Sec. 10. Inspector ex officio sealer of weights and measures. — The 
 State coal mine inspector is hereby made, equally with the State 
 inspector of weights and measures, ex efficio sealer of weights and 
 measures, in so far as the same relates to coal mines and coal mining, 
 and as such is empowered to test and compare all weights and 
 measures used in weighing and measuring coal at any coal mine, 
 or used in measuring air passages or other openings in coal mines, 
 with the standards of weights and measures kept by the State 
 inspector of weights and measures. Upon the written request of 
 any coal mine owner or operator or ten coal miners employed at 
 any one time, it shall be his duty to test and prove any scale or 
 scales at such mine against which complaint is directed. In the 
 event that any test made by said coal mine inspector shall conflict 
 with any test made by any State sealer of weights and measures, 
 then the test by said State coal mine inspector shall prevail. 
 
 Sec. 11. Standard test weights to be furnished to inspector. — For the 
 purpose of carrying out the provisions of this act, the State coal 
 mine' inspector shall be furnished by the State with such sets of 
 standard weights suitable for testing the accuracy of track scales, 
 and all smaller scales at mines, as may in the judgment of the State 
 coal mine inspector be necessary; said test weights shall remain in 
 the custody of the State coal mine inspector for use at any point 
 within the State, and for any amounts expended by him for the 
 storage, transportation or the handling of the same, he shall be 
 fully reimbursed upon making proper entry of the proper items in 
 his expense voucher. 
 
 Sec. 12. Refusal of mine operators to furnish facilities for examina- 
 tion.— If any owner, lessor or operator shall refuse to permit such 
 inspection or to furnish the necessary facilities for making such 
 examination and inspection, the inspector shall file his affidavit 
 setting forth his refusal with the judge of the district court in said 
 county in which said mine is situated, either in term time or vaca- 
 
602 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 tion, and the said judge shall thereupon issue an order on such owner, 
 operator or agent so refusing as aforesaid, commanding him to per- 
 mit and furnish such necessary facilities for the inspection of such 
 coal mine, or to be adjudged to stand in contempt of court and 
 punished accordingly. 
 
 Sec. 34. Oath of weighman; check weighman. — The weighman 
 employed at any mine shall subscribe to an oath of affirmation be- 
 fore some officer authorized to administer oaths, to do justice be- 
 tween employer and employe, and to truly and correctly weigh 
 the output of coal from the mines as herein provided. The miners 
 employed by or engaged in working for any mine owner, operator, 
 lessee of any mine in this State shall have the privilege, if they 
 desire, of employing at their own expense a check weighman who 
 shall have like equal rights, powers and privileges in the weigh- 
 ing of coal as the regular weighman and be subject to the same 
 oath and penalties as the regular weighman. Said oath or affirma- 
 tion shall be kept conspicuously posted in the weight office and 
 any weigher of coal or person so employed, who shall knowingly 
 violate any of the provisions of this section, or any owner, operator 
 or agent of any coal mine in this State who shall forbid or hinder 
 miners employing or using check weighmen as herein provided, 
 or who shall prevent or willfully obstruct any such check weighman 
 in the discharge of his duty, shall be deemed guilty of an offense 
 against this act. Whenever the State coal mine inspector, or his 
 deputy, shall be satisfied that the provisions of this section have 
 been wilfully violated it shall be his duty to forthwith inform 
 the prosecuting attorney of any such violation, together with all 
 the facts within his knowledge and the prosecuting attorney shall 
 thereupon investigate the charges so preferred, and if he is satisfied 
 that the provisions of this section have been violated, it shall be 
 his duty to prosecute the persons guilty thereof. 
 
 Sec. 35. Must not use false weights. — Any person or persons having 
 or using any scale or scales for the purpose of weighing the output 
 of coal at mines must not arrange or construct them so that fraud- 
 ulent weighing may be done thereby, and must not knowingly 
 resort to or employ any means whatsoever by reason of which 
 such coal is not correctly weighed and reported in accordance with 
 the provisions of this act. 
 
OHIO 
 
 Gen. Code, 1921, Throckmorton, ch. 32, p. 1534. 
 
 Sec. 6403 (al875). Standards, those furnished by United States Gov- 
 ernment; metric system. — The standard weights and measures fur- 
 nished this State by the Secretary of the Treasury of the United 
 States under a resolution of Congress, approved June 14, 1836, shall 
 be the legal standard of weights and measures throughout the State. 
 This chapter shall not prevent the use of the weights and measures 
 of the metric system, authorized by Congress of the United States, 
 as it appears in the Revised Statutes of the United States. 
 
 Sec. 6404°. By what standard contracts construed. — Contracts for 
 work to be done, or for anything to be sold by weight or measure, 
 shall be construed according to the standards hereby adopted as 
 the standards of this State. 
 
 Sec. 6405 (1861). Yard, the standard measure of length and surface. — 
 The unit of standard measure of length and surface, from which 
 all other measures of extension, whether lineal, superficial or solid, 
 shall be derived and ascertained, is the standard yard, in posses- 
 sion of the Secretary of State, and furnished by the Government 
 of the United States. The yard shall be divided into three equal 
 parts, called feet, and each foot into twelve equal parts, called inches. 
 For the measure of cloths and other commodities commonly sold 
 by the yard, it may be divided into halves, quarters, eighths and 
 sixteenths. 
 
 Sec. 6406°. Contents of a rod, pole, perch, mile, or chain; links. — The 
 rod, pole or perch shall contain five and a half such yards, and 
 the mile, one thousand seven hundred and sixty such yards. The 
 chain for measuring land shall be twenty-two yards long, and be 
 divided into one hundred equal parts, called links. 
 
 Sec. 6407°. Acre.— The acre for land measure shall be measured 
 horizontally, and contain ten square chains, and be equivalent in area 
 to a rectangle sixteen rods in length and ten rods in breadth. Six 
 hundred and forty acres shall be contained in a square mile. 
 
 Sec. 6408°. Perch of mason work or stone. — The perch of mason work 
 or stone shall consist of twenty-five cubic feet. 
 
 Sec. 6409 (1869). Cord of firewood or tanbark. — The standard meas- 
 ure of a cord of firewood or tanbark shall be one hundred and 
 twenty-eight cubic feet, well stowed and packed. 
 
 Sec. 6410°. Standard weights. — The units or standards of weight 
 from which all other weights shall be derived and ascertained shall 
 be the standard avoirdupois and troy weights furnished this State 
 by the United States Government. 
 
 Sec. 6411 (1861). Pound and its subdivisions; ton. — The avoirdupois 
 pound, which bears to the troy pound the ratio or seven thousand 
 to five thousand seven hundred and sixty, shall be divided into six- 
 teen equal parts called ounces. The hundredweight except of pig- 
 
 603 
 
604 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 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. 
 
 See. 6412°. Gallon.— The unit or standard measure of capacity for 
 liquids, from which all other measures of liquids shall be derived 
 and ascertained, shall be the standard gallon, and its parts, fur- 
 nished this State by the Government of the United States. 
 
 Sec. 6413 (al896). Barrel and hogshead, and branding thereof. — The 
 barrel shall contain thirty-one and one-half gallons, and two barrels 
 shall constitute a hogshead. Barrels, 1 for the purpose of containing 
 apples, potatoes, onions or other fruit, produce or vegetables, shalL 
 be made of staves of seasoned timber, twenty-eight and one-half 
 inches in length with cut heads of seventeen and one-eighth inches 
 in diameter and shall measure at the bulge not less than sixty-six 
 inches in circumference, outside measure. Such barrel shall be 
 known as " the standard barrel," and on the outside of one or more 
 of the staves thereof shall be stamped or branded the words " State 
 of Ohio, standard," the name of the cooper or manufacturer thereof 
 and the name of the city or town nearest to which the cooper shop 
 or place of business of such manufacturer is located. 
 
 See. 6414°. Half bushel.— The unit or standard measure of capacity 
 for substances other than liquids, from which all other measures of 
 such substances shall be derived and ascertained, shall be the stand- 
 ard half-bushel measure furnished this State by the Government of 
 the United States, the interior diameter of which is thirteen inches 
 and thirty-nine-fortieths of an inch, and the depth is seven inches 
 and one-twenty-fourth of an inch. 
 
 Sec. 8415 (al913). Dimensions and contents of measures for commodi- 
 ties other than liquid. — The peck, half-peck, quarter-peck, quart and 
 pint measures for measuring commodities other than liquids, shall 
 be of the interior dimensions and capacities as follows, to wit: the 
 peck measure shall be eleven inches in interior diameter, five and 
 five-eighths inches in interior depth, and shall contain five hundred 
 thirty-seven and six-tenths cubic inches ; the half-peck measure shall 
 be eight and one-half inches in interior diameter, four and three- 
 quarter inches in interior depth, and shall contain two hundred 
 sixty-eight and eight-tenths cubic inches ; the quarter-peck measures 
 shall be six and five-eighths inches in interior diameter, three and 
 seven-eighths inches in interior depth, and shall contain one hundred 
 thirty-four and four-tenths cubic inches; the quart measure shall be 
 five and five-sixteenths inches in interior diameter, three inches in 
 interior depth, and shall contain sixty-seven and two-tenths cubic 
 inches ; the pint measure shall be four and one-half inches in interior 
 diameter, fr\vo and nine-twenty-fifths inches in interior depth, and 
 shall contain thirty-three and six-tenths cubic inches. 
 
 Sec. 6416 (1861). Heaped measures. — Articles usually sold by heaped 
 measure shall be heaped in a conical form as high as such articles 
 permit. 
 
 Sec. 6417. How dry commodities measured. — Measures for measuring 
 dry commodities not usually heaped shall be struck with a straight 
 stick, with the edges rounded. Commodities other than liquids, when 
 sold by the gallon or less, shall be sold by the dry measure. 
 
 > See footnote, p. 20, relative to the Federal standard barrel. 
 
OHIO 
 
 605 
 
 Sec. 6418 (al913). Standard weight of bushel; penalty. — A bushel, in 
 avoirdupois weight, of every article herein mentioned shall be, viz : 2 
 
 Pounds 
 
 Wheat 60 
 
 Indian corn, in the ear 68 
 
 Indian corn, shelled 56 
 
 Corn meal 48 
 
 Popcorn, in the ear 42 
 
 Sweet corn, shelled 45 
 
 Kaffir corn 56 
 
 Broom corn 45 
 
 Oats 32 
 
 Rye 56 
 
 Barley 48 
 
 Buckwheat 50 
 
 Irish potatoes 60 
 
 Sweet potatoes 50 
 
 Beans 60 
 
 Peas 60 
 
 Onions 56 
 
 Onion sets 28 
 
 Tomatoes 56 
 
 Turnips 60 
 
 Parsnips 50 
 
 Beets 56 
 
 Pounds 
 
 Carrots 50 
 
 Hominy 60 
 
 Malt 34 
 
 Apples 48 
 
 Dried apples 24 
 
 Peaches 48 
 
 Dried peaches 33 
 
 Grapes 48 
 
 Plums 50 
 
 Clover seed 60 
 
 Timothv seed 45 
 
 Millet seed 50 
 
 H ungarian grass seed 50 
 
 Flax seed 56 
 
 Sorghum seed 50 
 
 Hempseed 44 
 
 Domestic walnuts 50 
 
 Hickory nuts 50 
 
 Lime 70 
 
 Coke 40 
 
 Bituminous coal 80 
 
 Cannel coal 70 
 
 Unless otherwise agreed to, all of the above mentioned articles 
 shall when dealt in by the bushel, be bought and sold upon such 
 actual bulk weight, and no test for moisture shall be used to change 
 the standards herein provided. The prosecuting attorney of each 
 county shall enforce the provisions of this act. Any person, firm, 
 company, corporation, agent or employe violating any of the pro- 
 visions of this section shall be deemed guilty of misdemeanor, and 
 upon conviction shall be fined not more than one hundred dollars, or 
 imprisoned in the county jail (if a company or corporation, its presi- 
 dent) not more than six months, or both. 
 
 Sec. 6419 (al875). Bushel for measuring stone coal and lime. — The 
 standard bushel of stone coal, coke and unslacked lime, shall con- 
 tain twenty-six hundred and eighty-eight cubic inches; and the 
 measure for measuring such articles shall contain two bushels, and 
 be of the following interior dimensions : Twenty-four inches diameter 
 at the top, twenty inches at the bottom, and fourteen and one-tenth 
 inches deep. 
 
 Sec. 6420 (al875). When coal sold by weight; when by measurement. — 
 Sales of coal shall be by weight; and two thousand pounds avoir- 
 dupois shall constitute a ton thereof; but where coal can not be 
 weighed, it may be sold by measurement. 
 
 Sec. 6421 (1875). Selling coal in violation of provisions. — Whoever 
 sells stone coal in violation of this chapter shall be liable to the 
 person to whom such coal is sold and delivered in treble damages. 
 If the defendant in such action does not reside in the county where 
 the mine is located, service may be had upon him by leaving a 
 copy of the summons at his place of business. A judgment recovered 
 in such action shall be a lien upon all property of such defendant 
 in the county from the day of service. This section shall not apply 
 to a person or corporation mining or selling less than fifteen thou- 
 sand bushels of coal annually. 
 
 * A slight change has been made in the arrangement for convenience of reference. 
 
606 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 6422 (1885). Standard of measurement for bushel of charcoal. — 
 The standard of measurement for a bushel of charcoal shall be 
 twenty-seven hundred and forty-eight cubic inches. 
 
 Sec. 6422-1 (1919). Climax baskets for grapes and other fruits and 
 vegetables, standard sizes and dimensions. — That standards for Climax 
 baskets for grapes and other fruits and vegetables shall be the two- 
 quart basket, four-quart basket and twelve-quart basket respectively : 
 
 (a) The standard two-quart Climax basket shall be of the follow- 
 ing dimensions: Length of bottom piece, nine and one-half inches; 
 width of bottom piece, three and one-half inches ; thickness of bottom 
 piece, three-eighths of an inch; height of basket, three and seven- 
 eighths inches, outside measurement; top of basket, length eleven 
 inches and width five inches outside measurement. Basket to have 
 a cover of five by eleven inches, when a cover is used. 
 
 ( 5 ) The standard four-quart Climax basket shall be of the follow- 
 ing dimensions : Length of bottom piece, twelve inches ; width of 
 bottom piece, four and one-half inches; thickness of bottom piece, 
 three-eighths of an inch ; height of basket, four and eleven-sixteenths 
 inches, outside measurement; top of basket, length fourteen inches, 
 width six and one-fourth inches, outside measurement. Basket to 
 have cover six and one-fourth inches by fourteen inches, when cover 
 is used. 
 
 (c) The standard twelve-quart Climax basket shall be of the fol- 
 lowing dimensions: Length of bottom piece, sixteen inches; width 
 of bottom piece, six and one-half inches; thickness of bottom piece, 
 seven-sixteenths of an inch ; height of basket, seven and one-sixteenth 
 inches, outside measurement ; top of basket, length nineteen inches, 
 width nine inches, outside measurement. Basket to have cover nine 
 inches by nineteen inches, when cover is used. 
 
 Sec. 6422—2. Standard basket for small fruits, berries and vegetables, 
 capacities and dimensions.— That standard basket or other container 
 for small fruits, berries and vegetables shall be of the following 
 capacities: namely, dry one-half pint, dry pint, dry quart, or mul- 
 tiples of the dry quart. 
 
 (a) The dry half-pint shall contain sixteen and eight-tenths cubic 
 inches. 
 
 (b) The dry pint shall contain thirty-three and six-tenths cubic 
 inches. 
 
 (c) The dry quart shall contain sixty-seven and two-tenths cubic 
 inches. 
 
 The dimensions of the one-quart box used in the sale of berries or 
 other small fruits shall be as follows: Five and one-tenth inches 
 square on top, four and three-tenths inches square on the bottom 
 and three inches in depth. 
 
 Sec. 6422—3. Standard hampers for fruits and vegetables, capacities 
 and dimensions. — -That the standard hampers for fruits and vegetables 
 shall be the one peck hamper, one-half bushel hamper, one bushel 
 hamper and one and one-half bushel hamper respectively. 
 
 (a) The standard one peck hamper shall contain five hundred 
 thirty-seven and six-tenths cubic inches, and conform to the follow- 
 ing specifications : The inside diameter between staves at upper edge 
 of the top inside hoop shall be ten and three-eighths inches; the inside 
 diameter of the bottom shall be six and one-half inches; the inside 
 
ohio ,, 607 
 
 length of the staves shall be nine and five-eighths inches; the in- 
 side top hoop shall be one-tenth inch thick and set with its upper 
 edge even with the upper ends of the staves ; there shall be ten staves, 
 each not less than one-tenth inch thick and ten and one-eighth inches 
 long ; and the bottom piece shall be one-half inch thick. 
 
 (&) The standard one-half bushel hamper shall contain one thou- 
 sand, seventy-five and twenty-one one-hundredths cubic inches, and 
 conform to the following specifications : The inside diameter between 
 staves at upper edge of the top inside hoop shall be thirteen inches ; 
 the inside diameter of the bottom shall be eight inches; the inside 
 length of staves shall be twelve and one-half inches; the inside top 
 hoop shall be one-ninth of an inch thick and set with its upper edge 
 even with the upper ends of the staves; there shall be ten staves, 
 each not less than one-tenth of an inch thick and thirteen and one- 
 eighth inches long ; and the bottom piece shall be five-eighths of an 
 inch thick. 
 
 (c) The standard one bushel hamper shall contain two thousand, 
 one hundred fifty and forty-two one-hundredths cubic inches, and 
 conform to the following specifications : The inside diameter between 
 staves at upper edge of the top inside hoop shall be fifteen and one- 
 eighth inches ; the inside diameter of the bottom shall be nine inches ; 
 the inside length of the staves to the upper edge of the top inside 
 hoop shall be nineteen inches ; the inside top hoop shall be one-eighth 
 of an inch thick and set with its upper edge three-eighths of an 
 inch below the upper ends of the staves ; there shall be either ten or 
 twelve staves, each not less than one-eighth of an inch thick and 
 twenty inches long ; and the bottom piece shall be five-eighths of an 
 inch thick. 
 
 (d) The standard one and one-half bushel hamper shall contain 
 three thousand, two hundred twenty-five and sixty-three one-hun- 
 dredths cubic inches, and conform to either of the following 
 specifications : 
 
 (1) The inside diameter between staves at upper edge of the top 
 inside hoop shall be sixteen and one- fourth inches; the inside diam- 
 eter of the bottom shall be nine inches ; the inside length of the staves 
 to the upper edge of the top inside hoop shall be twenty-five ' and 
 thirteen-sixteenths inches ; the inside top hoop shall be one-eighth of 
 an inch thick and set with its upper edge three-eighths of an inch 
 below the upper ends of the staves; there shall be ten staves, each 
 not less than one-sixth of an inch thick and twenty-seven inches 
 long ; and the bottom piece shall be five-eighths of an inch thick. 
 
 (2) The inside diameter between staves at upper edge of the top 
 inside hoop shall be sixteen and three-fourths inches; the inside 
 diameter or the bottom shall be ten inches ; the inside length of the 
 staves to the upper edge of the top inside hoop shall be twenty-three 
 inches; the inside top hoop shall be one-eighth of an inch thick and 
 set with its upper edge three-eighths of an inch below the upper ends 
 of the staves ; there shall be ten staves, each not less than one-eighth 
 of an inch thick and twenty-four inches long, and the bottom piece 
 shall be five-eighths of an inch thick. 
 
 Sec. 6422-4. Standard round stave baskets for fruits and vegetables, 
 capacities and dimensions. — That the standard round stave baskets for 
 fruits and vegetables shall be one-half bushel basket, one bushel 
 
 517—27 39 
 
608 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 basket, one and one-half bushel basket and two bushel basket respec- 
 tively. 
 
 (a) The one-half bushel round stave basket shall contain one 
 thousand seventy-five and twenty one-hundredths cubic inches, and 
 conform to the following specifications: The inside diameter at the 
 upper inner edge of the top inside hoop shall be thirteen and one- 
 half inches; the average inside depth shall be not less than eight 
 and one-half inches; the web shall consist of twenty intersecting 
 staves, each not less than one-eighteenth of an inch thick and of 
 such length that they will form the sides and bottom of a basket 
 which shall contain sixteen quarts, standard dry measure. 
 
 (b) The one bushel round stave basket shall contain two thou- 
 sand, one hundred fifty and forty-two one-hundredths cubic inches, 
 and conform to the following specifications: The inside diameter 
 at upper inner edges of the top inside hoop shall be seventeen inches ; 
 the average inside depth shall be not less than ten and three-fourths 
 inches; the web shall consist of twenty intersecting staves, each not 
 less than one-eighteenth of an inch thick and of such length that 
 they will form the sides and bottom of a basket which shall con- 
 tain thirty-two quarts standard dry measure. 
 
 (c) The one and one-half bushel round stave basket shall contain 
 three thousand, two hundred and twenty-five and sixty-three one-hun- 
 dredths cubic inches, and conform to the following specifications: 
 The inside diameter at upper inner edge of the top inside hoop 
 shall be nineteen inches; the average inside depth shall be not less 
 than twelve and three-fourths inches; the web shall consist of 
 twenty-four intersecting staves, each not less than one-sixteenth 
 of an inch thick and of such length that they will form the sides 
 and bottom of a basket which shall contain forty-eight quarts stand- 
 ard dry measure. 
 
 (d) The two bushel round stave basket shall contain four thou- 
 sand, three hundred, and eighty-four one-hundredths cubic inches, 
 and conform to the following specifications : The inside diameter at 
 upper inner edge of the top inside hoop shall be twenty and three- 
 fourths inches; the average inside depth shall be not less than 
 thirteen and three-fourths inches; the web shall consist of twenty- 
 four intersecting staves, each not less than one-sixteenth of an inch 
 thick and of such length that they will form the sides and bottom of 
 a basket which shall contain sixty-four quarts, standard dry measure. 
 
 Sec. 6422-5. Unlawful to ship or deliver for shipment baskets or 
 hampers in violation of this act; how filled; penalty. — That it shall be 
 unlawful to ship or deliver for shipment within the State of Ohio, 
 Climax baskets, small fruit baskets, hampers, or round stave bas- 
 kets, for fruits or vegetables, either filled or unfilled or parts of 
 such Climax baskets, small fruit baskets, hampers or round stave 
 baskets, that do not comply with this act; or fruits or vegetables in 
 Climax baskets, small fruit baskets, hampers or round stave bas- 
 kets, that at the time of such shipment, delivery for shipment, or 
 offer for sale, are not filled to the full capacity thereof, stricken 
 measure. Any individual, partnership, association or corporation, 
 that wilfully violates this section shall be deemed guilty of a mis- 
 demeanor and upon conviction thereof shall be punished by a fine 
 
ohio 609 
 
 of not exceeding $100.00 or imprisonment not exceeding sixty days 
 or both. 
 
 Sec. 6422-6. Rules and regulations; inspection of baskets and authority 
 of agents in connection therewith. — That the secretary of agriculture 
 is authorized to prescribe such regulations as he may find necessary 
 for carrying into effect the provisions of this act, and to cause such 
 examinations and tests to be made as may be necessary in order to 
 determine whether Climax baskets, small fruit baskets, hampers and 
 round stave baskets or parts thereof subject to this act, meet its 
 requirements. For said purpose the authorized officers and agents 
 of the secretary of agriculture may visit factories, stock rooms, and 
 other places of business where such hampers or baskets or parts 
 thereof are manufactured or held for sale or shipment or offered for 
 sale, may enter cars, vessels, other vehicles and places under the con- 
 trol of carriers engaged in the transportation of such hampers or 
 baskets or parts thereof, and may take samples of such hampers or 
 baskets or parts, the cost of which samples, upon request, shall be 
 paid to the person entitled thereto. 
 
 Sec. 6422-7. Enforcement of act; rules and regualtions prescribed and 
 tolerances allowed to conform to United States requirements. — It shall 
 be the duty of the secretary of agriculture to enforce all the pro- 
 visions of this act, and to prescribe such rules and regulations not 
 otherwise herein provided, as he may deem necessary, for the efficient 
 execution of the provisions of the same, including the amount of 
 tolerance necessary in the enforcement of this act, because of the 
 impossibility of perfect scientific exactitude in the manufacture of 
 such Climax baskets, small fruit baskets, hampers and round stave 
 baskets ; and which regulations and tolerances shall be in conformity 
 with those from time to time promulgated by the United States De- 
 partment of Agriculture. 
 
 Sec. 6422-8. Baskets of different form but same capacity may be per- 
 mitted, when. — The secretary of agriculture for good and sufficient 
 reasons may permit the use of Climax baskets, small fruit baskets, 
 hampers and round stave baskets of a different form from the baskets 
 prescribed in this act but of the same capacity. 
 
 Sec. 6422-9. Dealer shall not be prosecuted when protected by guar- 
 anty. — That no dealer shall be prosecuted under the provisions of 
 this act when he can establish a guaranty signed by the manufac- 
 turer, wholesaler, jobber, or other party residing within the United 
 States from whom such Climax basket, baskets, or other containers 
 as defined in this act, were purchased, to the effect that said Climax 
 basket, baskets, or other containers are correct within the meaning 
 of this act. Said guaranty, to afford protection, shall contain the 
 name and address of the party or parties making the sale of Climax 
 basket, baskets, or other containers, hampers or round stave baskets, 
 to such dealer, and in such case said guarantor shall be amenable 
 to the prosecutions, fines and other penalties which would attach in 
 due course to the dealer under the provisions of this act. 
 
 Gen. Code, 1921, Throckmorton, ch. 11, p. 1777. 
 
 Sec. 7965 (al917). State sealer; standards shall be kept at Columbus 
 and comparisons made every three years; copies of standards shall be 
 procured by county and municipal officials; proving and sealing weights 
 
610 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and measures. — The secretary of agriculture shall be State sealer, and 
 shall make, promulgate and enforce such rules and regulations as 
 may be necessary to the prompt and effective enforcement of the 
 weights and measures laws of this State. The standards of weights 
 and measures adopted by the State shall be deposited in a suitable 
 voom at Columbus, and be kept in suitable cases, to be opened only 
 for the purpose of comparing them with such standards and copies 
 which by law are furnished for the use of the several counties or 
 villages unless by joint resolution of the general assembly, or upon a 
 call of either house for information, or by order of the governor for 
 scientific purposes. The secretary of agriculture shall, upon the 
 passage of this act, and once every three years thereafter, require 
 each county auditor and city or village sealer, in this State, to present 
 all standards of weights and measures in their possession to him for 
 comparison with the standards adopted by the State, and he shall 
 condemn and destroy all of such standards as do not conform with 
 the standards adopted by the State. Each county auditor and each 
 city and village sealer shall be required to procure copies of all the 
 original standards adopted by the State named in section 7966 of 
 the General Code, except such standards now in their possession as 
 the secretary of agriculture shall find to conform with the standards 
 adopted by the State. It shall be the duty of the secretary of agri- 
 culture to advise and assist all county, city and village sealers, and 
 generally be charged with the enforcement of all laws relating to 
 weights and measures; and in the performance of such duties it 
 [he] may use the services of any person employed under its depart- 
 ment. The secretary of agriculture or any person employed by him 
 for that purpose may try and prove any weights, measures, bal- 
 ance and any other weighing or measuring device or [on] request 
 from any person, and when the same are found or made to conform 
 to the State standards shall cause the same to be sealed and marked, 
 as provided in section 2616 of the General Code. 
 
 Sec. 7965-1. When weight or measure condemned and confiscated. — 
 The secretary of agriculture or his deputy, or any other duly author- 
 ized sealer of weights and measures or his deputy, may inspect and 
 test any weight, measure, balance or other weighing or measuring 
 device, wherever the same is used or maintained for use, and if such 
 weight, measure, balance or other weighing or measuring device is 
 found to be false or fraudulent, or can not be made to conform to 
 the legal standard the same shall be condemned and confiscated by 
 the said sealer or deputy sealer. 
 
 Sec. 7965-2 (al917). Approving or condemning weights or measures 
 upon examination. — The secretary of agriculture or any duly author- 
 ized sealer of weights and measures or his deputy, shall inspect and 
 test any weights and measures, balances and weighing or measuring 
 devices having a device for indicating or registering the price as well 
 as the weight or quantity of commodities both as to correctness of 
 weight or quantity and value indicated by them, the secretary or 
 any sealer of weights and measures or his deputy shall seal such 
 weights and measures, or balances and weighing and measuring de- 
 vices as shall be tested and found correct, and, after ten days' notice, 
 in writing, to the owner shall condemn or seize such as are found to 
 be incorrect, and shall seal such weights and measures, balances, 
 
 
OHIO 611 
 
 weighing and measuring devices having a device for indicating or 
 registering the price as well as the weight or quantity of commodities 
 only when correct, both in indications of weight or quantity and 
 value, and shall condemn or seize such in which the graduations or 
 indications are found to be false or inaccurately placed, either as to 
 weight or quantity or value. 
 
 Sec. 7966 (1861). Copies of standards for use of counties. — Copies of 
 the original standards of the following materials, shall be procured 
 by the State sealer for the use of each county in this State, not al- 
 ready furnished, in pursuance of law, and be delivered by him to 
 the auditor thereof: One-half bushel measure, of one-eighth inch 
 copper, with brass rim; one gallon measure, of one-sixteenth inch 
 copper, with brass rim and handle; one-half gallon, one quart, one 
 pint and one-half pint measure, to be made in the same manner and 
 of the same material ; fifty, twenty -five, twenty, ten, five, four, three, 
 two, and one pound weights, avoirdupois, to be made of castiron, 
 turned, polished, and 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. 
 
 Sec. 7967. Device on county standards. — The State sealer shall cause 
 to be impressed on each of the copies, so to be delivered to the coun- 
 ties, the letter "O," and such other device for each county as he 
 directs before its deposit in the county auditor's office. Such device 
 shall be recorded in the State sealer's office, and a copy thereof fur- 
 nished to the auditor of the proper county. 
 
 Sec. 7968. Like copies to be furnished to cities and villages. — The State 
 sealer shall furnish like copies of the original standards to the 
 sealer of any city or village upon application therefor, and payment 
 of the cost thereof, by such city or village. 
 
 Sec. 7969. Expenses. — The State sealer shall render accounts to the 
 auditor of State of all moneys by him paid or liabilities incurred in 
 procuring and delivering copies of the standards to the counties ; and 
 the auditor shall audit such accounts and draw his warrants on the 
 State treasurer for the amounts he finds due, which must be paid by 
 the treasurer out of any moneys to the credit of the general revenue 
 fund. 
 
 Sec. 7970 (al891). Inspection of gas and meters. — The State sealer 
 of weights and measures shall have charge of all the apparatus and 
 property, belonging to the State, intended for the inspection of 
 illuminating gas and gas meters, and the testing of the registration 
 of meter-provers ; he shall test the registration of all meter-provers 
 that may be presented to him for that purpose, and stamp and seal 
 all such meter-provers, so tested, that are found correct. For testing 
 the registration of gas meter-provers, to be paid by the persons 
 requiring such service, he shall be allowed the sum of five dollars 
 for each meter-prover tested. 
 
 Gen. Code, 1921, Throckmorton, ch. 3, p. 733. 
 
 Sec. 2615 (al910). County sealer. — By virtue of his office, the 
 county auditor shall be county sealer of weights and measures and 
 shall be responsible for the preservation of the copies of the original 
 standards delivered to his office. It shall be the duty of the county 
 auditor to see that all State laws relating to weights and measures 
 
612 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 be strictly enforced throughout his county and to assist generally in 
 the prosecution of all violations of such laws. 
 
 Sec. 2616 (al917). Comparison by county sealer; stamp; penalty, juris- 
 diction. — The county sealer shall compare all weights and measures, 
 brought to him for that purpose, with the copies of standards in his 
 possession. When they are made to confirm [conform] to the legal 
 standards, the officer comparing them shall seal and mark such 
 weights and measures. No weight, measure, balance or other weigh- 
 ing or measuring device shall be used or maintained for weighing and 
 measuring in this State unless such weight, measure, balance or other 
 weighing or measuring device has been sealed or marked by the secre- 
 tary of agriculture or any employe of the secretary detailed for that 
 purpose, or by the county sealer 3 of the city or village in which the 
 same is used or maintained, and by stamping upon each the letter "O" 
 and the last two figures of the year in which it has been compared 
 with legal standards, adjusted and found or made to conform to said 
 standards, with seals so provided by said secretary of agriculture, 
 for that purpose. Whoever violates any of the provisions of this 
 section shall be fined not less than fifty dollars nor more than one 
 hundred dollars for the first 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 
 jurisdiction in such cases as in cases of violation of law relating to 
 the adulteration of food and drink and dairy products. 
 
 Sec. 2617 (1861). County sealer shall deliver copies to successor. — 
 When a county sealer resigns, is removed from office, or removes 
 from the county, he shall deliver to his successor in office the stand- 
 ards, beams, weights, and measures in his possession. In case of the 
 death of a county sealer his representatives shall, in like manner, 
 deliver to his successor in office such beams, weights, and measures. 
 
 Sec. 2618. Penalty for refusal. — In case of neglect or refusal to 
 deliver such standards entire and complete, the successor in office 
 may maintain a civil action against the person so refusing or neg- 
 lecting, and recover double the value of such standards as have not 
 been delivered, with costs of suit, which shall be by him appropri- 
 ated to the purchase of such standards as are required in his office. 
 
 Sec. 2619. Surveyors' chains, and testimony. — No surveyor shall give 
 evidence in a cause pending in any of the courts of this State, or 
 before arbitrators, in any of the courts of this State, or before 
 arbitrators, 4 respecting the survey or admeasurement of any lands, 
 unless such survej^or makes oath, if required, that the chain or 
 measure used by him was conformable to the standards of this State. 
 
 Sec. 2620. Penalty for using false weights and measures. — If any 
 person hereafter uses any weights, measures, or beams, in weighing 
 or measuring, which do not conform to the standards of the State, 
 or any other measures established by law, whereby a dealer in, pur- 
 chaser, 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. 
 
 3 It would apppav that the words " or by the sealer " were inadvertently omitted here 
 when this section wsis revised in 1917. 
 
 *The words "in any of the courts of this State, or before arbitrage ," appear to be 
 repeated inadvertently. 
 
ohio 613 
 
 Sec. 2621. When not to be enforced. — The provisions of the preced- 
 ing two sections shall not be enforced in any county, unless it has 
 been furnished with copies of the standards of this State, at least 
 six months previous to such measuring or surveying. 
 
 Sec. 2622 (al911). Deputy sealer of weights and measures; salary; 
 duties. — Each county sealer of weights and measures shall appoint 
 by writing under his hand and seal, a deputy who shall compare 
 weights and measures wherever the same are used or maintained 
 for use within his county, or which are brought to the office of the 
 county sealer for that purpose, with the copies of the original 
 standards in the possession of the county sealer, who shall receive 
 a salary fixed by the county commissioners, to be paid by the county, 
 which salary shall be instead of all fees or charges otherwise allowed 
 by law. Such deputy shall also be employed by the county sealer 
 to assist in the prosecution of all violations of laws relating to 
 weights and measures. 
 
 Sec. 2623 (1861). Fees. — Each sealer may receive for his services, 
 the following fees : For sealing and marking every beam, ten cents ; 
 for sealing and marking measures of extension, at the rate of ten 
 cents per yard, not exceeding twenty-five cents for any one measure ; 
 for sealing and marking each weight, five cents; for sealing and 
 marking liquid or dry measures, if of one gallon or more, ten cents, 
 and if less than one gallon, five cents; and a reasonable compensa- 
 tion for marking such weights and measures, so as to conform to the 
 standards. 
 
 Gen. Code, 1921, Throckmorton, ch. 7, p. 1118. 
 
 Sec. 4318 (al908). Sealer of weights and measures; cities and villages; 
 appointment and term. — The mayor may appoint a sealer of weights 
 and measures, who shall hold office co-extensive with the term of 
 office of the mayor who made his appointment, and until his suc- 
 cessor is appointed and qualified, unless otherwise removed from 
 office. 
 
 Sec. 4319. Qualification and compensation. — The sealer of weights 
 and measures shall be a competent person for the position, and shall 
 receive a salary fixed by ordinance, to be paid by the corporation, 
 which salary shall be instead of all fees or charges otherwise allowed 
 by law or ordinance. 
 
 Sec. 4320. Oath and bond. — Before entering upon his duties, the 
 sealer of weights and measures shall take the oath of office required 
 by law, and give bond to the corporation in such amount as is pre- 
 scribed by ordinance, with security to the approval of the mayor, 
 and conditioned for the faithful performance of his duties. 
 
 Sec. 4321. Comparison with county standards. — At least once in three 
 years, the sealer of weights and measures shall compare the copy 
 of standards, in his possession with those in the office of the county 
 sealer. 
 
 Sec. 4322 (al911). Comparison and sealing of weights and measures; 
 weighing and measuring devices, etc. ; may be seized, when. — The sealer 
 of weights and measures shall compare all weights and measures, 
 balances, weighing and measuring devices used in the purchase and 
 sale of commodities with the copies in his possession. Any weights 
 and measures, balances and weighing and measuring devices hav- 
 ing a device for indicating or registering the price as well as the 
 
614 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 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 weigh- 
 ing and measuring devices as shall be tested and found correct, and, 
 after ten days' notice in writing to the owner, shall condemn or 
 seize such as are found to be incorrect, and shall seal such weights 
 and measures, balances, weighing and measuring devices having a 
 device for indicating or registering the price as well as the weight 
 or quantity of commodities only when correct both in indications 
 of weight or quantity and value, and shall condemn or seize such in 
 which the graduations or indications are found to be false or inaccu- 
 rately placed either as to weight or quantity or value. 
 
 Laws, 1921, p. 604. 
 
 Sec. 16. Bread sold by weight; units specified; statements on loaf or 
 wrapper, required. — Bread shall not be sold or offered or exposed for 
 sale otherwise than by weight and shall be manufactured for sale and 
 sold only in units of sixteen or twenty-four ounces, or multiples of 
 one pound. When multiple loaves are baked each unit of the loaf 
 shall conform to the weight required by this section. The weights 
 herein specified shall be construed to mean net weights twelve hours 
 after baking and to be determined by the average weight of at least 
 twenty-five loaves. Such unit weights shall not apply to rolls and 
 such bread as shall be defined as fancy bread by the secretary of 
 agriculture. Every loaf of bread manufactured for sale, sold, offered 
 or exposed for sale shall have affixed thereon a plain statement in 
 plain position of the weight of the loaf of bread, the business name of 
 the maker, baker, or manufacturer. In the case of wrapped bread 
 such information shall be stated on the wrapper of each loaf and in 
 the case of unwrapped bread shall be stated by means of a pan im- 
 pression or other mechanical means or shall be stated on a label using 
 plain legible type. Such label affixed to an unwrapped loaf shall 
 not be affixed in any manner or with any gums or pastes which are 
 unsanitary and unwholesome, and there shall not be more than one 
 label of [on] a loaf or a unit. 
 
 Sec. 17. Rules and regulations for enforcement of provisions of law; 
 notice before prosecution.— The secretary of agriculture shall prescribe 
 such rules and regulations as may be necessary to enforce the pre- 
 ceding section, including reasonable tolerances or variations within 
 which all weights shall be kept : Provided, however, That such toler- 
 ances or variations shall not exceed one ounce per pound over or 
 under the standard unit for single loaves: Provided, however, That 
 tolerance permitted in the weighing of twenty-five or more loaves 
 shall not exceed one-half ounce per pound. The said secretary, and 
 under his direction, the local sealers of weights and measures, shall 
 cause the provisions of this section to be enforced. Before any pros- 
 ecution is begun under this section the parties against whom com- 
 plaint is made shall be notified and be given an opportunity to be 
 heard by said secretary. 
 
 Sec. 22. Penalty for violation. — A violation of any provision of this 
 act or any rule or regulation adopted herein, shall, for the first 
 offense, be fined not less than $25.00 nor more than $100.00, and for 
 each subsequent offense not less than $100.00 nor more than $300.00. 
 
ohio 615 
 
 Gen. Code, 1921, Throckmorton, ch. 16, p. 2951. 
 
 Sec. 13106, as amended by laws, 1923, p. 121. Penalty for giving false 
 or short weight. — Whoever, in buying or selling any property, or 
 directing or permitting an employee so to do, makes or gives a false 
 or short weight or measure ; or whoever has charge of scales or steel 
 yards fixed for the purpose of misweighing an article bought or 
 sold, or, having scales or steel yards for the purpose of weighing 
 property, reports a false or untrue weight; or whoever uses in the 
 sale of a commodity a computing scale or device indicating the 
 weight and price of such commodity upon which scale or device the 
 graduations or indications are false, or inaccurately placed, either 
 as to weight or price, shall be fined not more than five hundred 
 dollars. 
 
 Sec. 13107 (al877). Selling stone coal by unlawful weights or meas- 
 ures. — Whoever sells and delivers stone-coal except at legal weights 
 and measures, shall be fined not less than five dollars nor more than 
 fifty dollars or imprisoned not less than five days nor more than 
 thirty days. 
 
 Sec. 13109. Miller, grain dealer, etc., must use standard half bushel. — 
 Whoever, being a commission merchant, miller, dealer, grain in- 
 spector, corporation, firm, association or person, or an officer, agent 
 or employe thereof purchasing or receiving wheat in barter or ex- 
 change for flour, or otherwise, from the original producer, his agent 
 or employe, for testing or determining the weight, grade, milling 
 or market value thereof, uses a measure other than the standard half- 
 bushel or uses a measure that is a fractional part of such standard 
 half-bushel, furnished this State by the United States, shall be 
 fined not less than twenty-five dollars nor more than one hundred 
 dollars or imprisoned in jail not more than thirty days, or both. 
 Fines collected under this section shall be paid into the county treas- 
 ury to the credit of the county fund. 
 
 Sec. 13128 (al919). Commodities sold by weight or count, quantity 
 of contents to be marked; tolerances and exemptions; repacking, or 
 transferring brands or marks; net weight required; separate charge for 
 wrapper may be made; penalty.— Whoever puts up or packs goods or 
 articles sold by weight or count into a sack, bag, barrel, case or pack- 
 age, or whoever puts up or fills a bottle, barrel, keg, drum, can or 
 other container with any commodity sold or offered for sale by 
 liquid measure, shall mark thereon in plain letters and figures the 
 exact quantity of the contents thereof in terms of weight, measure 
 or numerical count; provided, however, that reasonable tolerances 
 and variations and also exemptions as to small packages shall be 
 established by rules made by the secretary of agriculture and shall 
 conform to those of the federal law, and provided, further, that this 
 act shall not apply to such packages or containers, weighed, put up, 
 packed or filled in the presence of the customer. 
 
 Whoever, with intent to defraud, transfers a brand, mark or 
 stamp placed upon a case or package by a manufacturer to another 
 case or package, or with like intent, repacks a case or package so 
 marked, branded or stamped, with goods or articles of quality 
 inferior to those of such manufacturer shall be deemed guilty of a 
 violation of this section. 
 
 Any article or commodity packed and sold by weight shall be sold 
 by net weight only, and no wood, paper, burlap, cord, paraffin or 
 
616 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 other substance used for wrapping or packing, shall be included as 
 a part of the weight of such commodity sold. 
 
 Provided, however, That nothing in this section shall prohibit 
 making a reasonable separate charge for any wrapper or container 
 used in packing or preparing such article or commodity for sale, if 
 such be agreed to by the purchasers of such article or commodity at 
 time of sale. Any person, firm, company, corporation or agent, who 
 fails to comply with any provision of this act, shall be fined not 
 less than twenty-five dollars ($25.00) nor more than five hundred 
 dollars ($500.00). 
 
 Sec. 13165 (1893). Labeling of binding twine. — • Whoever, being a 
 dealer, manufacturing corporation, company or agent, sells or offers 
 for sale a ball or parcel of binding twine, commonly employed in 
 binding grain, without there is attached thereto a tab or label on 
 which is written or printed the kind of material of which it is com- 
 posed and the weight of such ball or parcel, shall be fined not less 
 than one dollar nor more than twenty-five dollars. 
 
 Gen. Code, 1921, Throckmorton, ch. 1, p. 2995. 
 
 Sec. 13423 (al913). Special jurisdiction of justices, police judges and 
 mayors. — Justices of the peace, police judges and mayors of cities 
 and villages shall have jurisdiction, within their respective counties, 
 in all cases of violation of any law relating to : 
 
 1. Adulteration or deception in the sale of dairy products and 
 other food, drink, drugs, and medicines. 
 
 15. The prevention of short weighing and measuring and all vio- 
 lations of the weights and measures laws. 
 
 Gen. Code, 1921, Throckmorton, ch. 1, p. 948. 
 
 Sec. 3616 (al908). Powers of municipal corporations. — All municipal 
 corporations 5 shall have the general powers mentioned in this 
 chapter, and council may provide by ordinance or resolution for the 
 exercise and enforcement of them. 
 
 Sec. 3651 (al908). To seize false weights, etc. — To regulate the 
 weighing and measuring of hay, wood and coal, and other articles 
 exposed for sale, and to provide for the seizure, forfeiture and 
 destruction of weights and measures, implements and appliances 
 for measuring and weighing which are imperfect or liable to 
 indicate false or inaccurate weight or measure, or which do not con- 
 form to the standards established by law and Avhich are known, used 
 or kept to be used for weighing or measuring articles to be purchased, 
 sold or offered or exposed for sale. 
 
 Gen. Code, 1921, Throckmorton, ch. 2, p. 1046. 
 
 Sec. 3988. Council may provide for electric current and gas inspec- 
 tion.— In a municipality in which gas works are constructed, coun- 
 cil may provide, by ordinance, for the appointment of an officer, to 
 be known as inspector of gas, whose duty it shall be to inspect all 
 gas and gas meters, and certify the correctness of all bills against 
 consumers of gas, make photometric tests, and perform such other 
 duties as may be prescribed by ordinance, and the council shall fix 
 
 6 Municipal coporations which at the last Federal census had a population of five 
 thousand or more are called cities, and those which had a population of less than five 
 thousand are called villages. 
 
ohio 617 
 
 his compensation. Council may also provide for the inspection and 
 testing of meters used for measuring electric current for electric 
 light, power or other purposes, furnished by any individual or com- 
 pany within the corporation, and may prescribe a suitable charge 
 for such inspection and testing, and the manner of collecting it. 
 
 Gen. Code, 1921, Throckmorton, eh. 1, p. 1405. 
 
 Sec. 5785 (al919). What is misbranding of food, etc. — Food, drink, 
 flavoring extracts, confectionery or condiment shall be misbranded 
 within the meaning of this chapter : * * * 
 
 3. If in package form, and the contents are stated in terms of 
 weight or measure, they are not plainly and correctly stated on the 
 outside of the package; * * * 
 
 Gen. Code, 1921, Throckmorton, ch. 14, p. 1449. 
 
 Sec. 5993 (1857). Penalty for undermarking tare on barrels of flour, etc. 
 —A manufacturer of flour or meal, or packer of meat, butter, lard or 
 other packed article sold by weight, undermarking the tare upon a 
 hogshead, cask, box or barrel, or part thereof, or placing thereon 
 a less quantity than that marked or branded thereon as specified 
 by law, shall forfeit the hogshead, cask, box or barrel, or part thereof, 
 and half the contents thereof. One-fourth of such entire contents 
 shall go to the party injured, prosecuting the case, with such other 
 damages as he majr 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. 5998 (1830-31). Flour barrel, size of; weight and tare of barrel 
 of flour to be marked thereon. — Flour and meal shall be packed in 
 well-made barrels of seasoned timber, twenty-seven inches m length, 
 when finished, with a cut head of 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. 5999 (al891). Weight of flour to be branded on barrel or sack; 
 penalty. — A miller or mill owner shall brand or cause to be branded 
 on the head of each barrel or side of each sack the weight and quality 
 of the flour or meal contained therein, and the initial letter of his 
 Christian name and his surname in full; or if the mill is owned or 
 operated by more than one person, then the name of such persons or 
 such company. If a miller, mill owner or company neglects to so 
 brand such flour or meal, or packs or exposes it for sale in a barrel 
 or sack of a less quantity or poorer quality than is branded thereon, 
 he or they shall forfeit and pay for each offense ten dollars for the 
 use of the county, and be liable to the person injured in double the 
 amount of damages sustained. 
 
618 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 6002 (1830-31). Regulation barrels for beef or pork.— Barrels 
 for beef or pork shall be made of sound, well-seasoned white oak 
 timber, clear of sap wood, twenty-nine inches in length, with a cut 
 head of seventeen and a half inches in diameter, bound with strong 
 hoops, one-third of the length thereof, at each end. When packed 
 and headed up, the outward hoop on each end shall be secured with 
 four nails of suitable size. 
 
 Sec. 6003. Regulation half barrels for beef or pork. — Half barrels 
 for beef or pork shall be made of sound, well seasoned white oak 
 timber, clear of sap, twenty-four inches in length, with a cut head 
 fourteen inches in diameter, bound with hoops one-third the length 
 thereof, at each end, the outward hoops thereof being secured with 
 at least three nails of suitable size. 
 
 Sec. 6004. Weight of barrel of beef or pork. — A barrel of beef or 
 pork, packed for exportation, shall contain two hundred pounds 
 of sound, clean, well-slaughtered meat, that is well fattened. * * * 
 
 Sec. 6006 (al869). Weight of gallon of linseed oil, etc.— When lin- 
 seed, flaxseed or lard oil is sold by the barrel, without a special 
 agreement as to the measurement thereof, the standard for linseed 
 or flaxseed oil shall be seven and one-half pounds to the gallon; and 
 for lard oil, seven and two-fifths pounds to the gallon. 
 
 Sec. 6008. Inspector to weigh empty barrel and brand weight 
 thereon. — Inspectors shall inspect barrels intended for linseed, flax- 
 seed or lard oil, and, before filling them, ascertain the weight thereof 
 and when so inspected and weighed, mark on such barrel the weight 
 thereof with marking irons, provided by the inspector for that pur- 
 pose, with his name and the name of the county. 
 
 Sec. 6013. Regulations as to fish barrel; weight of barrel and contents. — 
 Fish barrels shall be made of good, sound and seasoned timber, ap- 
 proved by the inspector, and be bound with at least twelve sufficient, 
 smart hoops, or eight flat hoops, not less than two 1 inches broad, se- 
 cured with at least three nails in each chime hoop, and contain two 
 hundred pounds of clean fish in each barrel, and one hundred pounds 
 of clean fish in each half-barrel. Only one species of fish shall be 
 packed into each barrel or half -barrel. All fish shall be salted with 
 not less than fifty pounds of coarse salt, or fifty-six pounds of fine 
 salt to each barrel, and in a like proportion to each half -barrel. 
 
 Sec. 6016 (1872). What barrel of fish shall contain. — A barrel of fish 
 shall contain two hundred pounds, and a package or vessel, being or 
 purporting to be a fractional part of such barrel, shall contain a like 
 fractional part of two hundred pounds net, of fish, exclusive of salt, 
 brine and package. A barrel or other vessel of fish packed or sold 
 in this State, shall have the number of pounds contained therein 
 distinctly branded upon the head thereof. 
 
 Sec. 6020 (1852). Wet weight to be marked on barrels of salt. — Manu- 
 facturers of salt shall have it sufficiently drained, and packed in 
 good barrels made of good, sound, seasoned timber; the head and 
 bilge hoops to be nailed with not less than four nails in each hoop. 
 The head shall be bored with a metallic instrument not less than one 
 inch in size. The name of the manufacturer shall be distinctly 
 branded on the head thereof. Salt sold at the manufactory shall be 
 marked with the net weight in figures, directly under the name, with 
 good, durable paint. 
 
ohio 619 
 
 Sec. 6021. Penalty. — A manufacturer refusing to comply with the 
 next preceding section shall forfeit for each offense the sum of fifty 
 cents per barrel, to be collected by any person in a civil action. 
 
 Sec. 6029 (1844). How tare of salt barrels regulated. — The inspector 
 of salt shall regulate the tare of barrels as follows : Barrels weigh- 
 ing less than three hundred pounds shall be tared at thirty pounds ; 
 barrels weighing over three hundred and less than four hundred, 
 shall be tared at thirty-five pounds ; and barrels weighing over four 
 hundred pounds shall be tared at forty pounds. 
 
 Sec. 6036 (1830-31). Tare and net weight to be marked on butter 
 firkins. — Butter and lard shall be packed in tight and well seasoned 
 firkins or kegs, on each of which shall be marked with a marking 
 iron, the tare and net weight of the contents thereof. * * * 
 
 Sec. 6037. Tare and net weight to be marked on biscuit casks. — Casks 
 containing biscuits, packed for exportation, shall be of a like size 
 and quality as those specified for flour in this chapter, and the tare 
 and net weight shall be marked thereon with a marking iron. * * * 
 
 Sec. 6038. Dimensions, weight, and tare of pot and pearl ash barrels. — 
 Pot and pearl ashes, subject to inspection, shall be placed in barrels 
 of well seasoned white oak or white ash, hooped with substantial 
 hoops for at least ten inches from each end, the staves not to be 
 more than thirty-one inches nor less than thirty inches in length. 
 The head of a potash barrel shall not exceed nineteen inches, and 
 that of a pearl ash barrel, twenty-one inches in diameter; and no 
 barrel shall be tared less than fifty-six pounds. Barrels weighing 
 fifty-six pounds or more shall be so tared. An inspector of pot 
 and pearl ashes shall empty the barrels containing them brought 
 to him for inspection, examine and determine the quality, and 
 repack and brand the head of each barrel as prescribed in this 
 chapter. 
 
 Sec. 6039 (1861). Weight to be marked on packages of soap and 
 candles; penalty. — Manufacturers of soap and candles shall mark 
 upon each package or box thereof offered for sale the name of the 
 manufacturer, and the net weight avoirdupois of the contents there- 
 of, in legible letters and figures. A manufacturer neglecting or re- 
 fusing to comply with the provisions of this section or placing in 
 such box or package a less quantity than is marked or branded there- 
 on shall forfeit one dollar for each offense and pay the costs of prose- 
 cution. Forfeitures collected hereunder shall be paid into the treas- 
 ury of the county in which they are collected. 
 
 Sec. 6053. Duty of inspector. — An inspector shall uncase and break 
 each hogshead, barrel, package, case or box of tobacco, or cause 
 it to be done in his presence, which he is called on to inspect and 
 weigh, in not less than four different places. If such inspector 
 believes that such tobacco is sound, clean, in good order and con- 
 dition, and merchantable, he shall cause it to be weighed. He shall 
 cause the head, side or bulge of such hogshead, barrel, box or 
 package to be marked with the tare thereof, the quantity of net 
 tobacco contained therein and the name of the warehouse. He 
 shall also mark the head of such hogshead, barrel, box or package, 
 with the initials of the name of the owner thereof and the number 
 of such hogshead, barrel, box or package. 
 
620 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 6054. To preserve samples. — The inspector shall select two sam- 
 
 Eles of each hogshead, barrel, box or package of tobacco inspected 
 y him and passed as sound and merchantable. Such samples shall 
 consist of not less than six hands or bundles, each of which he shall 
 bind together with a cord and attach a label thereto. On such label 
 shall be written the name of the person for whom, or in whose name 
 such tobacco is inspected, with the number of the package, the 
 gross weight, tare and net weight of such tobacco. One of such 
 samples shall be delivered to the purchaser of the tobacco, with a note 
 or certificate hereinafter provided for, and the other such inspector 
 shall retain for one year after such inspection. 
 
 Sec. 6055. Record of inspection to be kept. — The inspector shall 
 cause to be entered in a book provided for that purpose, each hogs- 
 head of tobacco viewed, passed and marked by him, and the quality 
 thereof, mark and warehouse number, with the gross, tare and net 
 weight thereof. 
 
 Sec. 6060. Inspector's receipt. — An inspector who passes tobacco 
 shall deliver to the owner as many receipts as may be required, not 
 exceeding one receipt for each hogshead or cask. Such receipt 
 shall state the place and time of reception, the mark, the warehouse 
 number, gross, tare and net weight for the tobacco inspected and 
 passed, and whether of the first or second quality. The first quality 
 shall consist of tobacco clear of and unmixed with trash. The to- 
 bacco for which such receipt calls shall be delivered to the owner or 
 bearer thereof on demand and surrender of such receipt. 
 
 Sec. 6062. Proprietor liable for failure of samples. — A proprietor of a 
 commission leaf -tobacco warehouse shall be liable to the purchaser 
 of a hogshead, barrel, package, box or parcel of tobacco, inspected 
 and weighed at such warehouse, for the failure of the sample drawn 
 therefrom to fairly represent the tobacco packed therein. He shall 
 also be so liable for underweight existing in such tobacco inspected 
 and marked by such inspector as required by this chapter. 
 
 Gen. Code, 1921, Throckmorton, ch. 24, p. 1509. 
 
 Sec. 6334 (1908). Net weight and measure to be marked on packages 
 of paint. — The label on paint sold by measure shall show the net 
 measure of the contents of the container, and on paint sold by weight, 
 the net weight of the contents of the package. 
 
 Sec. 6335. Possession prima facie evidence. — The possession of an 
 article or substance improperly marked or inaccurately labeled, as 
 provided in this chapter, by a person, firm or corporation dealing 
 therein shall be prima facie evidence that it is so kept in violation 
 of this chapter and the penal statutes relating thereto. 
 
 Sec. 6336. Who empowered to enforce penal statutes. — The secretary 
 of agriculture shall enforce the provisions of this chapter and the 
 penal statutes relating thereto and the secretary, his assistants, ex- 
 perts, chemists and agents shall have access and ingress to the places 
 of business, stores and buildings used for the sale of paint, turpentine, 
 or linseed oil, and may open any package, can, jar, tub or other 
 receptacle containing an article that may be sold or exposed for 
 sale in violation of such provisions or statutes. The inspectors, 
 assistants or chemists, appointed by the secretary shall perform like 
 duties and have like authority under this chapter and the penal 
 statutes relating thereto as is provided by law in other cases. 
 
ohio 621 
 
 Gen. Code, 1921, Throckmorton, ch. 16, p. 2951. 
 
 Sec. 13168 (1911). Penalty. — Whoever violates any provision of 
 law relating to the labeling, marking, or stenciling of turpentine, 
 wood turpentine, paints, mixed paints and similar compounds or 
 white lead by manufacturers or distributors thereof, shall be fined 
 not more than fifty dollars, and for each subsequent offense shall 
 be fined not less than fifty dollars nor more than one hundred 
 dollars, or imprisoned not less than thirty days nor more than one 
 hundred days, or both. 
 
 Gen. Code, 1921, Throckmorton, ch. 6, p. 2873. 
 
 Sec. 12722 (1904). Penalty for use of false standard measure for milk 
 or cream. — Whoever uses a standard measure of milk or cream other 
 than that which is defined in this section, where milk or cream is 
 purchased by or furnished to creameries or cheese factories and where 
 the value of such milk or cream is determined by the per cent of 
 butter fat contained therein by the Babcock test, shall be fined not 
 iess than twenty-five dollars nor more than one hundred dollars. 
 In the use of the Babcock test the standard milk measures or pipettes 
 shall have a capacity of 17.6 cubic centimeters and the standard test 
 tubes or bottles for milk shall have a capacity of two cubic centi- 
 meters for each ten per cent marked on the necks thereof. The 
 standard unit of cream for testing shall be eighteen grams. 
 
 Sec. 12723. Penalty for sale of falsely marked pipette. — Whoever 
 offers for sale or sells a milk pipette or measure, test tube or bottle 
 which is not correctly marked or graduated as provided in the next 
 preceding section, shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars. 
 
 Gen. Code, 1921, Throckmorton, Suppl. 
 
 Sec. 12730-1 (1921). Weight of ice cream.— (a) * * * It [ice 
 cream] shall not weigh less than four and one-fourth pounds per 
 gallon. 
 
 Gen. Code, 1921, Throckmorton, ch. 6, p. 2873. 
 
 Sec. 12763 (1906). Maple sugar and syrup defined. — Maple sugar or 
 pure maple sugar and maple syrup or pure maple syrup are the un- 
 adulterated product [produced] by the evaporation of pure sap from 
 the maple tree. The standard of weight of a gallon of maple syrup 
 of two hundred and thirty-one cubic inches shall be eleven pounds. A 
 substance purporting to be maple syrup or maple sugar not made in 
 compliance with this section shall be an adulteration of maple syrup 
 or maple sugar, and maple syrup of less weight than herein required 
 shall be an adulteration of maple syrup. 
 
 Gen. Code, 1921, Throckmorton, ch. 6, p. 2082. 
 
 Sec. 9326 (1866). Illuminating gas; unit of measure. — The standard 
 or unit of measure for the sale of illuminating gas by meter shall 
 be the cubic foot, containing sixty-two and three hundred twenty-one 
 one-thousandth pounds avoirdupois weight of distilled or rain water, 
 weighed in air, of the temperature of sixty-two degrees Fahrenheit's 
 scale, the barometer being at twenty-nine and one-half inches. 
 
 Sec. 9327 (1867). Meters to be sealed and stamped; penalty for failure 
 to seal and stamp. — No meter shall be set unless it is tested by a 
 
622 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 meter-prover, sealed and stamped as hereinafter provided. A com- 
 pany authorizing the setting of a meter, or allowing it to be used 
 by a consumer of gas, without being so sealed and stamped, shall 
 forfeit and pay not less than twenty-five nor more than one hundred 
 dollars, to be recovered upon the complaint of such consumer, in the 
 name of the State, before any court of competent jurisdiction. 
 
 Sec. 9329 (al908). Meters; testing of; fee. — Meters in use shall 
 be tested on the request of the consumer, in his presence, if desired, 
 with a meter-prover, tested and sealed as provided by law, by an 
 officer or servant of the company. If the meter be found to be 
 correct, and it shall be deemed correct if there be no greater varia- 
 tion than three per cent, the party requesting the inspection shall 
 pay a fee of twenty-five cents, and the expense of removing it for the 
 purpose of being tested. The re-inspection shall be stamped on 
 the meter. If proved incorrect, no fees or expense shall be paid 
 by the consumer, and the company shall furnish a new meter with- 
 out charge to the consumer. No gas company shall charge rent for 
 meters. 
 
 Sec. 9338 (al915). Meter-prover and photometer; penalty. — All gas 
 companies supplying the public with artificial or natural gas, which 
 are not supplied with such apparatus, forthwith shall provide for 
 their use a meter-prover, the holder of which must contain not less 
 than five feet, such prover to be tested in the place where it is to be 
 used and stamped and sealed by the public utilities commission of 
 Ohio, all such tests to be open to the public. All gas companies sup- 
 plying artificial or natural gas for illuminating purposes shall on 
 the order of the public utilities commission of Ohio provide for their 
 use a photometer of a type approved by such commission. The 
 failure on the part of any person, firm or corporation supplying the 
 public with artificial or natural gas to comply with the provisions 
 of this section shall cause said person, firm or corporation to forfeit 
 and pay to the State not less than twenty-five dollars nor more than 
 one hundred dollars to be recovered upon the complaint of any such 
 consumer, in the name of the State, before any court of competent 
 jurisdiction. 
 
 Gen. Code, 1921, Throckmorton, ch. 16, p. 2951. 
 
 See. 13127 (1859). Making or using false gas meters. — Whoever, 
 with intent to defraud, constructs or uses a false meter for measur- 
 ing and registering the gas consumed under a contract with a gas 
 company, shall be fined not more than five hundred dollars or im- 
 prisoned not more than thirty days, or both. 
 
 Gen. Code, 1921, Throckmorton, Part First, Div. 2, ch. 1, p. 111. 
 
 Sec. 521 (1906). Weighing of freight. — The commission [utilities 
 commission] may enforce reasonable regulations for furnishing cars 
 to shippers, switching, loading and unloading them, and the weigh- 
 ing of cars and freight offered for shipment over any line of railroad. 
 
 Sec. 614-36 (1911). Standards of measurement. — The commission 
 [utilities commission] may ascertain and fix adequate and service- 
 able standards for the measurement of quality, pressure, initial 
 voltage or other condition pertaining to the supply or quality or 
 the product or service rendered by any public utility and prescribe 
 reasonable regulations for examination and testing of such product 
 
ohio 623 
 
 or service and for the measurements thereof. It may establish 
 reasonable rules, regulations, specifications and standards to secure 
 the accuracy of all meters and appliances for measurements, and 
 every public utility is required to carry into effect all orders issued 
 by the commission relative thereto. 
 
 Sec. 614-37 (al917). Examinations and tests of instruments. — The 
 commission may provide instruments for and carry on the examina- 
 tion and testing of any and all appliances used for the measurement 
 of any product or service of a public utility or for the examination 
 and testing of any devices or appliances of such public utility used 
 for testing for accuracy any and all appliances used for the measure- 
 ment of any product or service of such public utility. Any con- 
 sumer or user may have any such appliance tested upon payment of 
 the fees fixed by the commission. The commission may declare and 
 establish reasonable fees to be paid for testing such appliances on the 
 request of the consumers or users, the fees to be paid by the con- 
 sumer or user at the time the request is made, but to be paid by the 
 public utility and repaid to the consumer or user if the appliance 
 be found commercially defective or incorrect, to the disadvantage 
 of the consumer or user. 
 
 Gen. Code, 1921, Throckmorton, ch. 15, p. 286. 
 
 Sec. 1141, as amended by Laws, 1923, H. B. 278, p. 74. Printed state- 
 ment on outside of package; contents of statement. — Whoever sells or 
 offers for sale within this State any feedstuff's or condimental stock 
 or poultry feeds, animal or poultry regulators, conditioners, tonics, 
 or similar articles, for any oi : which any food value is claimed in 
 any manner by the manufacturer or seller thereof, in carload lots 
 or in bulk packages thereof, shall furnish with each carload or 
 quantity in bulk or package thereof or affix to each bag, barrel or 
 other package thereof, in a conspicuous place on the outside thereof, 
 a plainly printed certificate, which shall state the number of net 
 pounds in each car or quantity in bulk or in each package, the 
 name, brand or trade-mark, wilder which it is sold or offered for 
 sale, the name, and post-office address of the manufacturer, shipper 
 or vendor. * * * 
 
 Sec. 1150 (al911). Fertilizer to bear statement of net weight. — Each 
 person, firm or corporation who manufactures, sells or offers for 
 sale in the State a commercial fertilizer which means any substance 
 for fertilizing or manurial purposes, except barnyard manure, marl, 
 lime and plaster, shall affix to each package in a conspicuous place 
 on the outside thereof, a plainly printed certificate which shall state 
 the number of net pounds contained therein, the name, brand or 
 trade-mark, under which it is sold, or offered for sale, the name 
 of the manufacturer, with his or its post-office address. * * * 
 
 Gen. Code, 1921, Throckmorton, ch. 17, p. 312. 
 
 Sec. 1177-44. Statement on outside of bulk package offered for sale; 
 contents of statement. — Any person, company, corporation or agent 
 that shall sell, offer or expose for sale, any agricultural lime or 
 limestone in this State, shall affix or cause to be affixed, to every 
 package or sample of such agricultural lime or limestone in a con- 
 spicuous place on the outside thereof, a tag or label which shall be 
 517—27 40 
 
624 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 accepted as a guarantee of the manufacturer, importer, dealer, or 
 agent, and which shall have plainly printed thereon in the English 
 language the number of net pounds of agricultural lime or lime- 
 stone in the package, the name, brand or trade-mark under which 
 the agricultural lime or limestone is sold, the name of the manufac- 
 turer, or shipper, the location of the principal office of the manu- 
 facturer * * *. 
 
 Gen. Code, 1921, Throckmorton, c'h. 12, p. 1446. 
 
 Sec. 5979 (1893). Central standard time. — The standard of time 
 throughout this State shall be that of the ninetieth meridian of 
 longitude west from Greenwich, and shall be known as " central 
 standard time." Courts, banks, public offices, and legal or official 
 proceedings shall be regulated thereby; and when, by a law, rule, 
 order or process of any authority, created by or pursuant to law, 
 an act must be performed at or within a prescribed time, it shall 
 be so performed according to such standard of time. 
 
 Gen. Code, 1921, Throckmorton, ch. 11, p. 240. 
 
 Sec. 910 (al910). District inspector to be sealer of weights and meas- 
 ures. — The district inspectors of mines are hereby vested with all 
 the powers and authority of county auditors as sealers of weights 
 and measures in the different counties of this State, but shall exercise 
 such authority in connection with weights and measures at mines, 
 only. Each district inspector of mines may upon his regular ex- 
 amination of a mine, and shall, upon the written request of the 
 duly authorized representatives of the miners, the owner, lessee, or 
 agent, or the interested land owner, test the accuracy of the scales 
 at any time, and post in the weigh house a certificate provided by 
 the chief inspector of mines, certifying the condition of the scales, 
 provided that such tests be made at a reasonable time without un- 
 necessary interference with the use of such scales. 
 
 In case of a controversy or disagreement between the district 
 inspector of mines, and the owner, lessee or agent of a mine, or 
 persons working therein, or in case of emergency requiring counsel, 
 the district inspector of mines may call upon the chief inspector 
 of mines for such assistance and counsel as is necessary. 
 
 Sec. 941. Test weights. — The owner, lessee or agent of a coal mine, 
 at which the earnings of ten or more persons depend upon the 
 weights of coal mined, shall provide and keep accessible for the 
 purpose of testing the weigh scales as provided elsewhere in this 
 act the following standard test weights, properly sealed : Where the 
 coal mined is weighed upon hopper or pan scales, two standard test 
 weights of fifty pounds each; where the coal mined is weighed upon 
 railroad track scales, ten standard test weights of fifty pounds each. 
 ******* 
 
 Sec. 970. Check weighman; duties, etc.; check measurer. — The miners 
 employed at a mine where the earnings of such miners depend 
 upon the weight of coal mined, may, at their own cost, designate 
 or appoint a competent person as check weighman, who, at all 
 proper times, shall have full right of access to and examination 
 of the scales, machinery or apparatus used at such mine to deter- 
 mine the correct weight of coal mined, and whose duty shall be to 
 see the coal weighed and to make a correct record of such weights. 
 
ohio 625 
 
 Not more than one person, however, on behalf of the miners collec- 
 tively shall have such right at the same time. 
 
 The landowners, or other persons interested in the rental or 
 royalty at such mine, may, at their own cost, designate or appoint 
 a competent person to act as check weighman for them, who shall 
 have the same rights as the check weighman for the miners. Not 
 more than one person, however, on behalf of the landowners, or 
 other persons interested in the rental or royalty, jointly shall have 
 such right at the same time. Check weighman shall not interfere 
 with the use of or tamper with such scales, machinery or apparatus, 
 nor make any false entry of any weight, or in any manner exceed 
 the duties prescribed herein. 
 
 The miners employed at a mine where the earnings of such 
 miners depend upon measurements, may, at their own cost, designate 
 or employ, not more than one of their number as check-measurer 
 to accompany each mine-foreman or other person making the 
 measurements and see them make such measurements, and made a 
 correct record of same. Each mine-foreman or other person mak- 
 ing measurements may have a helper, but such helper shall not be 
 regarded as a person making measurements. The person or per- 
 sons designated as check-measurer shall not in any manner interfere 
 with or interrupt the work of the mine-foreman or other person, 
 while making such measurements. 
 
 Sec. 978-1 (al915). Payment shall be made according to total weight 
 unless otherwise agreed. — Every miner and every loader of coal in any 
 mine in this State who under the terms of his employment is to be 
 paid for mining or loading such coal on the basis of the ton or other 
 weight shall be paid for such mining or loading according to the 
 total weight of all such coal contained within the car (hereinafter 
 referred to as mine car) in which the same shall have been removed 
 out of the mine unless otherwise agreed between employer and miner 
 or loader. 
 
 Sec. 978-6. Passing coal over screen to determine pay unlawful; 
 penalty. — It shall be unlawful for the employer of a miner or loader 
 of the contents of any car of coal to pass any part of such contents 
 over a screen or other device, for the purpose of ascertaining or cal- 
 culating the amount to be paid such miner or loader for mining or 
 loading such contents, whereby the total weight of such contents 
 shall be reduced or diminished unless otherwise agreed between em- 
 ployer and miner or loader. Any person, firm or corporation violat- 
 ing the provisions of this section shall be deemed guilty of a misde- 
 meanor and upon conviction, shall be fined for each separate offense 
 not less than three hundred dollars nor more than six hundred 
 dollars. 
 
OKLAHOMA 
 
 Comp. Stats., 1921, Vol. 2, ch. 92, Art. II, p. 3607. 
 
 Sec. 11193 (1915). State bureau established; officers; location. — There 
 shall be established a State bureau of standards of weights, meas- 
 ures and tests of all kinds. This bureau shall be located at the State 
 University of Oklahoma; which shall provide rooms and equipment 
 for its use. The president of the State University of Oklahoma 
 shall appoint as director of the bureau of standards a member of the 
 regular faculty of the university. Upon the recommendation of the 
 director, the president of the State University of Oklahoma shall 
 appoint at least two members from the faculty, as assistant directors. 
 The director and assistant directors shall constitute a board of con- 
 trol, of the bureau of standards. The members of the board of con- 
 trol shall serve without salary. 
 
 Sec. 11194. Assistants. — In order properly to carry on the work of 
 the bureau of standards, the president of the State University of 
 Oklahoma shall upon the recommendation of the board of control, 
 appoint as assistants to the board of control, men already in the 
 service of the university, assigning to these men such titles as he de- 
 sires. In case additional assistance is necessary, this assistance shall 
 be supplied by the State board of education. 
 
 Sec. 11195. Standards and methods; Federal standards. — The board of 
 control shall have charge of the various standards of weights, meas- 
 ures and testing devices received by the State of Oklahoma from 
 the United States under a resolution of Congress, approved June 
 14, 1836, and July 27, 1866, and such additional standards as may 
 or shall be received from the United States in the future. The 
 board shall also have charge of the various State or office standards 
 purchased by the State University, or by the State for the bureau. 
 
 The board shall also have charge and control of the standard 
 methods of weighing, measuring and testing in the State. The 
 board of control shall maintain the standards in good order and shall 
 submit a set of standards, called the primary standards, at proper 
 intervals, to the National Bureau of Standards for certification. 
 
 Sec. 11196. Powers and duties; general control. — The bureau of stand- 
 ards shall be available to all State departments, municipal and 
 private corporations and citizens of the State. The bureau shall 
 be, for the State of Oklahoma, the highest official authority in re- 
 gard to standards of weights, measures and tests, and methods of 
 weighing, measuring and testing. The findings of the bureau of 
 standards in any case or question shall be considered prima facie 
 evidence of the correctness thereof. All enforcing officers of weights, 
 measures and tests legislation in the State of Oklahoma shall sub- 
 mit their weighing, measuring, and testing devices to the State bu- 
 reau of standards at such periods as set by the board of control for 
 626 
 
OKLAHOMA 
 
 627 
 
 certification and seal. The board of control shall adopt a seal for 
 this purpose. The board of control shall have authority to place any 
 test or question referred to it to the proper individual or laboratory 
 in the university. 
 
 Sec. 11197. Fees; expenses. — The board of control shall establish 
 fees for all tests and certifications made by the bureau. The fees 
 shall in no case exceed those established for similar work by the 
 National Bureau of Standards. The fees shall be paid to the 
 treasurer of the university and shall be disbursed by him upon the 
 proper approval of the board of [control. Fees shall be disbursed 
 for meeting- expenses of] * making tests and for equipment. Any 
 fees unspent at the end of each biennium shall revert to the State. 
 
 Sec. 11198. Information published.— The bureau shall publish from 
 time to time through the University of Oklahoma press for general 
 distribution such literature and directions in regard to weights, 
 measures and tests, and methods of weighing, measuring and test- 
 ing as deemed advisable by the board of control. 
 
 Sec. 11199. Report to governor. — The board of control shall report 
 biennially to the governor of the State — this report to cover the 
 details of all operations of the bureau during the biennium. It shall 
 report to each legislature, making such recommendations as it 
 deems advisable with reference to proper legislation on weights, 
 measures and tests and methods of weighing, measuring and testing. 
 
 Comp. Stats., 1921, Vol. 2, ch. 92, Art. 1, p. 3605. 
 
 Sec. 11184 (1910). Board of agriculture to enforce act. — The State 
 board of agriculture shall be charged with the duties of enforcing 
 the provisions of this chapter. 
 
 Sec. 11185. Bushel weights; ton. — Whenever the articles hereinafter 
 named shall be sold by the bushel, and no agreement as to weights 
 or measures thereof shall be made by the parties, the bushel shall 
 consist of the following number of pounds, Viz : 2 
 
 Salt 
 
 Mineral coal _ 
 
 Pounds 
 80 
 80 
 80 
 72 
 70 
 60 
 60 
 60 
 60 
 60 
 60 
 60 
 
 60 
 57 
 56 
 56 
 56 
 56 
 56 
 55 
 
 Buckwheat . 
 
 Carrots 
 
 Rutabagas _ . 
 
 Pounds 
 52 
 50 
 
 Lime.. . . . ._ _ 
 
 50 
 
 Corn in shuck . 
 
 Corn, unshelledl'- .. 
 
 Corn meal... .. 
 
 Millet 
 
 50 
 50 
 
 Wheat 
 
 Beans - 
 
 Peas .._-.-- 
 
 Split peas 
 
 Beets _ 
 
 Irish potatoes. .. _ 
 
 Sorghum seed 
 
 Eape _ . 
 
 Barley... _ . _. _ .. 
 Apples... _ . 
 Peaches _!_ 
 
 Pears _ 
 
 Cucumbers . 
 
 Hungarian grass seed.. _ . 
 Broom corn seed . 
 Castor beans 
 
 50 
 50 
 
 48 
 48 
 48 
 48 
 
 Clover seed __ 
 
 Alfalfa and alsike (or Swedish) 
 
 seed 
 
 Onions 
 
 48 
 48 
 48 
 46 
 
 Rye- 
 
 Corn, shelled 
 
 Tomatoes.. ... 
 Timothv seed ... 
 
 45 
 45 
 
 Flax seed .. L. . . 
 
 Green peas (unshelled) _ 
 
 Parsnips. . _ _ 
 Hemp seed.. 
 
 44 
 44 
 
 Kaffir corn _ . 
 
 Sweet potatoes 
 
 Common turnips 
 
 Bermuda grass seed 
 
 42 
 40 
 
 1 The portion inclosed in brackets is not given in the Complied Statutes of 1921, but 
 appears In the session laws for 1915. 
 
 2 l'"or convenience in printing a slight change has been made In arrangement of thesa 
 articles. 
 
628 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 
 Malt 38 
 
 Osage orange seed 36 
 
 Dried peaches 33 
 
 Oats 32 
 
 Cotton seed 32 
 
 Top onion sets 28 
 
 Dried apples 24 
 
 
 Pounds 
 
 Peanuts 22 
 
 Bran 20 
 
 Blue grass seed 14 
 
 Red top seed 14 
 
 Orchard grass seed 14 
 
 Coke 3 2,680 
 
 Charcoal 3 2,680 
 
 A ton shall consist of two thousand pounds of the article or com- 
 modity named. 
 
 Sec. '11186 (1890). Hay, ton of.— A ton of hay shall consist of two 
 thousand pounds, or, by measurement, three hundred and forty- 
 three cubic feet, after the same shall have been stacked thirty days, 
 or such time as may be agreed upon between the parties. 
 
 Sec. 11187. Perch of stone. — A perch of mason work, or stone, is 
 hereby declared to consist of twenty-five feet cubic measure. 
 
 Sec. 11188 (1910). Standard weights of mill products. — Mill products 
 hereinafter mentioned shall have the following standard weights : 
 Barrels of flour, in wood, one hundred and ninety-six pounds net; 
 half barrels, in wood, ninety-eight pounds net ; one-fourth barrels, in 
 sacks, forty-eight pounds gross ; one-eighth barrels, in sacks, twenty- 
 four pounds gross. Corn meal, in sacks, thirty-five pounds gross; 
 half sacks, seventeen and one-half pounds gross; one-fourth sacks, 
 eight and three-fourths pounds gross. And all feed made from 
 cereals of any kind, whether pure, mixed, or adulterated, one hun- 
 dred pounds per sack gross. 
 
 Sec. 11189. JTame and weight stamped on package. — The correct 
 name and tr.iie weight of the contents of each and every barrel, box, 
 sack, bale, cask or package of any of the foregoing products, whether 
 sold in single packages or lots, shall be plainly marked, branded or 
 stenciled in letters and figures, not less than two inches in length 
 and not less than one-eighth of an inch in width, upon the exterior 
 of such barrel, box, sack, bale, cask or package, in a conspicuous 
 place as the head in case of barrel, and the front or branded side in 
 case of sacks, bales or packages, and it shall be unlawful for any 
 person, firm or corporation, or the agent, employee, or representa- 
 tive of any firm or corporation to sell or exchange any such product 
 so packed or contained until the provisions hereof have been com- 
 plied with. 
 
 Sec. 11190. Violation; penalty; separate offense. — If any person shall 
 knowingly violate the provisions of this chapter, he shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be fined 
 in any sum not less than twenty-five dollars, nor more than one 
 thousand dollars, and each violation shall be deemed a separate 
 offense, which fine or fines shall be recovered in any court of com- 
 petent jurisdiction, without bond or advance costs. 
 
 Sec. 11191. Obstructing inspectors. — Any manufacturer, dealer or 
 other person who shall impede, obstruct, hinder or otherwise pre- 
 vent or attempt to prevent any inspector or other person in the 
 performance of his duty in connection with this chapter shall be 
 guilty of a misdemeanor and shall, upon conviction, be fined not less 
 than twenty-five dollars, nor more than one hundred dollars. 
 
 3 Cubic inches per bushel. 
 
OKLAHOMA 629 
 
 Sec. 11192. Seizure of products for violation. — Any member of the 
 board of agriculture shall have the privilege of seizing any mill 
 product and cereal sold in the State in violation and contravention 
 of the provisions of this chapter, and may proceed by writ of pro- 
 visional seizure against the mill products and cereals so sold in the 
 hands of whomsoever they may be and wheresoever he may find 
 them, regardless of the residence of the owner thereof, to recover 
 the fines and penalties due for the illegal sale thereof, by presenting 
 a petition to a competent judge or magistrate, within whose juris- 
 diction 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 pray- 
 ing that the mill products and cereals be seized to satisfy the claim 
 and pay the costs of the suit. 
 
 Comp. Stats., 1921, Vol. 2, ch. 35, Art. 6, p. 2138. 
 
 Sec. 5735 (al917). Public weigher; election. — At each general elec- 
 tion there shall be elected in each county a county judge, * * * 
 a public weigher, * * * who shall hold office for a term of two 
 years, * * * 
 
 Comp. Laws, 1921, Vol. 2, ch. 35, Art. 15, p. 2185. 
 
 Sec. 5943 (1908). Who eligible. — No person shall be eligible to the 
 office of public weigher who is not, at the time of his appointment or 
 election, a legal voter, resident in his county. 
 
 Sec. 5945. Deputy weighers. — The public weigher may appoint one 
 or more deputies in each precinct of his county, which deputy shall 
 have all the powers conferred upon the public weigher, and shall be 
 answerable to all the penalties prescribed for the violation of this 
 article; * * * Deputy weighers shall be confined in their juris- 
 diction to the limits of their respective precincts. They shall keep 
 a record of their transactions as herein prescribed for the public 
 weigher, which record shall be open at all times to public inspection : 
 Provided ', That all deputy weighers appointed under the provisions 
 of this article shall, before entering upon the duties of their office, be 
 approved by the board of county commissioners. 
 
 Sec. 5946. Office, etc., scales to be provided. — The public weigher shall 
 hold an office at the county seat, said office being provided by such 
 public weigher at his own expense, and he shall also provide his own 
 record books, blanks, stationery; and in no event shall the State 
 become liable for any of the expenses incurred in the operation of 
 the office of public weigher. All books, reports, or other records in 
 the office of such public weigher, or of any deputy weigher, shall be 
 delivered to their successors in office. All public weighers, and all 
 deputy weighers shall provide, at their expense, by purchase or lease, 
 all scales essential for conducting their business, and in no event 
 shall the State become liable for the cost thereof. 
 
 Sec. 5947 (al909). Sheriff to inspect scales used by weigher; violation, 
 penalty for; fees for inspecting public scales; special test of scales. — 
 It shall be the duty of the sheriff of each county, in person 
 or by his regular deputies, to inspect and test all scales used 
 by the public weigher, or any deputy weigher, and 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 
 
630 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 conspicuous place, which seal shall be prima facie evidence of such 
 test, and such test shall be made once each three months, upon all 
 scales so used. Said sheriff shall make a report in writing, setting 
 forth the date of such test, the result thereof, and specifying the 
 scales so tested, together with the name of the public weigher or 
 deputy weigher using such scales, and where the same are located. 
 Such report shall be filed in the office of the county clerk within five 
 days after the inspection is made. Said sheriff, or the deputy mak- 
 ing 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 he in a condition other than their 
 [its] true condition, shall be deemed guilty of false swearing, and 
 upon conviction shall be punished by imprisonment in the peniten- 
 tiary for not less than one, nor more than two years : Provided, how- 
 ever, That a sheriff or any deputy sheriff shall receive as compensa- 
 tion for inspecting any public scales of any such public weigher or 
 deputy weigher, the sum of one dollar for each scale inspected : Pro- 
 vided, 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 comply with such request and 
 make such inspection and test at any time, not oftener, however, than 
 once each thirty days, and the fees allowed for such special inspection 
 and test shall be the same as above provided : And provided, further, 
 That the sheriff or his deputy shall have the same authority for regu- 
 lating all scales, either public or private, if they be used to weigh for 
 the public, either with or without hire. 
 
 Sec. 5948 (1907-8). Duties of—It shall be the duty of every public 
 weigher, or duputy [deputy] weigher, within his county, to receive, 
 inspect and weigh, according to the standard weights of the United 
 States, all cotton, grain of every kind, livestock, hay, cotton-seed, 
 coal, wood, broomcorn and all other farm products sold by weight, 
 and such articles shall be 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 duplicate form, either upon a stub attached, or by a 
 carbon duplicate sheet, such records to be in a binding and kept for 
 future reference. Such record shall contain a statement as to the 
 article, its gross and net weight, its condition and the date of its 
 weighing, together with the description of any marks, brands, or other 
 peculiarity essential to the complete description thereof. A copy of 
 such entry shall be furnished the person applying for such weights. 
 Said statement of the record of each 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. 5949 (1909). Books and records open to inspection. — The books 
 and records of all county weighers or deputy weighers shall at all 
 times be open to inspection by any citizen. 
 
 
OKLAHOMA 631 
 
 Sec. 5950 (al919) . Weights official ; person who shall not he weighers. — 
 The purchaser of an article weighed upon the official scales of any 
 county weigher or deputy county weigher, shall receive and accept 
 such weights as official and correct, and no person, not a county 
 weigher or deputy county weigher shall hold himself out as such, or 
 be allowed to weigh any of the before mentioned articles offered for 
 sale : Provided, That nothing herein shall prevent the purchaser and 
 seller of cotton or other products from agreeing upon the proper 
 dockage of the cotton or article sold wh:ch may be net. No person 
 shall be appointed as a county weigher or deputy county weigher 
 or weigh for the public who is in any wise interested as a dealer or 
 speculator, or as an agent or employee of any firm, company or cor- 
 poration in the sale or purchase of cotton, grain, livestock, hay, cot- 
 ton-seed, broom-corn, and all other farm products sold by weight. 
 
 Sec. 5951 (1909). Cattle to be weighed, when. — 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 
 purchaser. At all places where cattle are bought and sold either 
 for slaughter or shipment, the public weigher shall provide a safe 
 and sufficient enclosure around his scales, so that cattle can be 
 weighed in lots of five or more at one draft. 
 
 Sec. 5952. Penalty for violating two preceding sections. — Any person, 
 firm or corporation who shall violate any of the provisions of the 
 two preceding sections shall be liable to the public weigher for 
 damages in a sum not to exceed five dollars for each load or draft so 
 unlawfully weighed, to be. recovered in any court having competent 
 jurisdiction thereof. 
 
 Sec. 5953. Things not required to be weighed. — Nothing in the provi- 
 sions of this article shall be construed so as to prohibit any person 
 from weighing his own products; and this article shall not be so 
 construed as to require the weighing of vegetables, poultry, eggs or 
 dairy products. 
 
 Sec. 5954 (1907-8). Violations of this article; penalties. — Any public 
 weigher or deputy weigher violating any of the provisions of this 
 article, or refusing to receive and weigh any commodity herein, or 
 who incorrectly weighs the same, shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be fined not less than ten 
 dollars nor more than one hundred dollars, in the discretion of the 
 court ; he may be removed from office ; and any person, either a pur- 
 chaser or dealer, in any of the commodities weighed upon such 
 private scales who, with intent to cheat or defraud any person, firm 
 or corporation with plates, sand packs, false packs or water packs 
 in cotton, uses any device, trick or scheme for the purpose of obtain- 
 ing false weights to his advantage, or to the disadvantage of any 
 person, firm or corporation, and every ginner of cotton or any other 
 person who is a party to such defrauding, shall be deemed guilty of 
 a misdemeanor, and upon conviction shall be fined in any sum not 
 less than ten dollars nor more than one hundred dollars, and upon 
 the second conviction any such person shall be, in addition to said 
 fine, confined in the county jail not less than thirty nor more than 
 one hundred and twenty days. Any public weigher or deputy 
 weigher, or any other person who knows of the perpetration of 
 
632 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 any such deception or fraud, shall make a report thereof to the 
 grand jury of his county, and if it be the public weigher, or the 
 deputy weigher, he shall file a written report with the records of 
 his office, setting forth the facts, naming the person guilty of such 
 deception, and the failure to so report shall subject the party 01 
 weigher to a fine of not less than five nor more than twenty-five 
 dollars. Any person, firm or corporation who, in violation of the 
 provisions of this article, weighs any of the products mentioned 
 herein for other persons, and who exacts or receives any charges 
 therefor, shall be deemed guilty of a misdemeanor, and upon con- 
 viction shall be lined not less than ten nor 'more than one hundred 
 dollars: Provided, however, That any person, firm or corporation 
 may weigh any product for any other person, if 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. 
 
 Comp. Stats., 1921, Vol. 2, eh. 20, Art. 4, p. 1612. 
 
 Sec. 3707 (1909). Record kept by ginners.— It shall be the duty of 
 all ginners or owners of cotton gins in this State to brand, number, 
 and place upon each bale of cotton, whether round or square, ginned 
 and baled at their respective gins, the name of the ginner and the 
 owner, and the number and weight of the bale so ginned, each 
 ginner beginning with number one each ginning season, and contin- 
 uing consecutively with each bale ginned to the close of the ginning 
 season ; which brand, names and number shall be recorded in a book 
 kept at such gin for that purpose : Provided, That no brands or 
 marks shall be placed on the sample side of any bale of cotton. 
 
 Sec. 3711. Penalty for violation. — Any person who shall fail to com- 
 ply with the provisions of this article shall be guilty of a mis- 
 demeanor, and upon conviction shall be fined not less than twenty- 
 five nor more than one hundred dollars.. 
 
 Comp. Stats., 1921, Vol. 2, ch. 43, Art. 1, p. 2311. 
 
 Sec. 6431 (1909). Fees. — A public weigher, or any deputjr weigher, 
 shall receive for his services in weighing any article, the following 
 schedule of fees : Ten cents for each load or draft weighed separate- 
 ly : Provided, That such public Aveigher shall not be allowed compen- 
 sation for any extra weighing which may be essential in determining 
 the net weight of any article or load. The public weigher, or any 
 deputy weigher, shall be allowed and is hereby granted a lien upon 
 any article or product weighed for the fees above mentioned, and 
 such fee shall attach to and follow such article into the hands of 
 the purchaser, and shall not be barred or canceled by any sale or 
 transfer of such article during the day upon which the article 
 is weighed: Provided, That deputy weighers shall be allowed to 
 retain as their compensation the sum of eight cents for each load or 
 draft weighed separately; the residue of the price allowed here- 
 under shall be paid by the deputies to the county weigher at the 
 close of the month. 
 
 Comp. Stats., 1921, Vol. 1, ch. 6, Art. 58, p. 1105. 
 
 Sec. 2196. False weights and measures; fine. — If any person with 
 intent to defraud, use a false balance, weight or measure, in the 
 
OKLAHOMA 633 
 
 weighing or measuring of anything whatever that is purchased, sold, 
 bartered, shipped or delivered, for sale or barter, or that is pledged, 
 or given in payment, he shall be punished by a fine not exceeding 
 one hundred dollars nor less than five dollars, or by imprison- 
 ment in the county jail not more than thirty days, or by both such 
 fine and imprisonment, and shall be liable to the injured party in 
 double the amount of damages. 
 
 Sec. 2197. Retention is punishable. — Any person who retains in his 
 possession any weight or measure, knowing it to be false, 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, 
 shall be punished as therein provided. 
 
 Sec. 2198. May be seized. — Any person who is authorized or en- 
 joined by law to arrest another person for violation of the first 
 two sections of this article, is equally authorized and enjoined to 
 seize any false weights or measures found in the possession of the 
 person so arrested, and to deliver the same to the magistrate before 
 whom the person so arrested is required to be taken. 
 
 Sec. 2199. May be tested arid destroyed; indictment. — The magistrate 
 to whom any weight or measure is delivered, pursuant to the last 
 section, shall, upon examination of the accused, or if the examination 
 is delayed or prevented, without awaiting such examination, cause 
 the same to be tested by comparison with standards conformable to 
 law; and if he finds it to be false, he shall cause it to be destroyed, 
 or to be delivered to the county attorney of the county in which the 
 accused is liable to indictment or trial, as the interests of justice 
 in his judgment require. 
 
 Sec. 2200. Shall be destroyed, when. — Upon the conviction of the 
 accused, such county attorney shall cause any weight or measure 
 in respect whereof the accused stands convicted, and which remains 
 in the possession or under the control of such county attorney, to be 
 destroyed. 
 
 Sec. 2201. Stamping false weights or false tare. — Any person who 
 knowingly marks or stamps false or short weight, or false tare on 
 any cask or package or knowingly sells or offers for sale any cask 
 or package so marked is guilty of a misdemeanor. 
 
 Comp. Stats., 1921, Vol. 2, ch. 29, Art. 11, p. 1833. 
 
 Sec. 4566°. Regulations of weights and measures. — The council may 
 prescribe rules for the weighing and measuring of every commodity 
 sold in the city, in all cases not otherwise provided for by law, anil 
 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 expos- 
 ing of [for] sale, hay, coal and wood, and fix the fees and duties of 
 the persons authorized to perform the duties named in this section. 
 
 (Applicable to cities of the first class.) 4 
 
 Comp. Stats., 1921, Vol. 2, ch. 91, p. 3576. 
 
 Sec. 11081 (1899). Public warehouse scales tested.— * * * All 
 scales used for the weighing of property in public warehouses shall 
 be subject to examinaton and test by any duly authorized inspector, 
 
 4 Cities of 2,000 population or more may become cities of the first class upon petition 
 of 35 per cent of electors. 
 
634 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 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. 
 
 Sec. 11082. Penalty for violation. — Except as herein otherwise pro- 
 vided, a violation of any of the preceding provisions of this article, 
 by any warehouseman, owner, lessee, manager or employee of public 
 warehouses created by this act [article] is declared a m.sdemeanor, 
 and, upon conviction thereof, the violators shall be fined not less 
 than one thousand nor more than five thousand dollars, one- fourth 
 of such fine to be awarded and paid to the informer of such mis- 
 demeanor. 
 
 Sec. 11121 (1919). Scales, weights and grades. — The person, firm, 
 company or corporation owning a bonded warehouse shall maintain 
 sufficient scales and equipment for weighing and keeping records of 
 all products stored and shall place upon the certificate the weight 
 and grade as determined to the best of his ability. 
 
 Comp. Stats., 1921, Vol. 2, ch. 79, p. 2923. 
 
 Sec. 8838, as amended by Laws, 1925, ch. 177, p. 280. Misbranding of 
 food. — Food shall be deemed mislabeled within the meaning of this 
 article in any of the following cases: 
 
 Third. If in package form and the contents stated in terms of 
 weight or measure, they are not plainly and correctly stated on the 
 outside of the package. 
 
 Comp. Stats., 1921, Vol. 2, ch. 53, p. 2518. 
 
 Sec. 7085 (1905). Water, standard measure of flow and volume, — The 
 standard of measurement of the flow of water shall be the cubic 
 foot per second of time ; the standard measurement of the volume of 
 water shall be the acre foot, being the amount of water upon an 
 acre covered one foot deep, equivalent to forty -three thousand five 
 hundred sixty cubic feet. 
 
 Comp. Stats., 1921, Vol. 2, ch. 20, Art. 9, p. 1624. 
 
 Sec. 3760 (1905). Commercial fertilizer, net weight to be marked. — 
 Every person, firm or corporation who shall sell, expose or offer for 
 sale, within the limits of the State any commercial fertilizer, shall 
 affix to every package, in a conspicuous place on the outside thereof, 
 a plainly printed certificate, stating the number of net pounds in the 
 package sold or offered for sale, the name of the brand or trade- 
 mark under which the article is sold, the name of the manufacturer 
 and the place of manufacture. * * * 
 
 Sec. 3771. Tax tag; net weight to be marked. — Every lot or parcel 
 of concentrated commercial stuffs as defined in section 1 [3769], of 
 this act, used for feeding farm live stock, sold, offered or exposed for 
 sale in the State of Oklahoma for use within this State, shall have 
 printed on a tax tag, * * * a plainly printed statement clearly 
 and truly certifying: 
 
 (a) The number of net pounds of feeding stuff in the pack- 
 
 n • •£ SB *•* 
 
 (d) The name and address of the manufacturer or importer ; * * * 
 
OKLAHOMA 635 
 
 Comp. Stats., 1921, Vol. 2, ch. 30, p. 4874. 
 
 Sec. 4939 (1908). Bill of lading for coal to show weight.— Whenever 
 any coal is shipped over any common carrier from any point within 
 the State of Oklahoma to any other point within the said State, the 
 common carrier transporting such coal shall issue a bill of lading 
 stating the true weight of the coal so transported. 
 
 Sec. 4940. Coal weighed at destination; liability for shortage. — When 
 said coal arrives at its destination, the said carrier shall cause the 
 same to be weighed at that point, provided it has scales at that point, 
 and if not, then it shall cause said coal to be weighed at the nearest 
 track scales on its line between the point of shipment and the point 
 of destination, and if the weight of said coal at the point of delivery 
 is less than the weight set out in the bill of lading, the carrier deliver- 
 ing to the consignee shall be liable to the consignee for all deficiencies 
 in weight, less the natural shrinkage, which shall not exceed one per 
 cent for a one hundred and fifty mile haul or less and one and one- 
 half per cent on more than a one hundred and fifty mile haul; 
 and the measure of damage of the consignee for such deficiency or 
 shortage shall be the value of the deficiency at the point of destina- 
 tion less freight thereon if the freight has not been paid; and in 
 weighing cars of coal they shall be detached from the train, and in 
 the event the loss or shortage does not occur on the delivering line 
 the carrier delivering to the consignee shall be entitled to recover 
 from the carrier upon whose line the loss or shortage occurred, such 
 amount for the loss or shortage as the carrier delivering to the 
 consignee may be required to pay to the consignee as may be evi- 
 denced by any receipt, judgment or transcript thereof. 
 
 Sec. 4941. Connecting lines. — In case any coal shipped shall be 
 carried over the lines of the connecting carriers, the carrier receiving 
 said coal shall cause the correct weight thereof to be placed in the 
 bill of lading, and such coal shall be reweighed when delivered to the 
 connecting carrier, and the value of the coal at the point of destina- 
 tion shall be the measure of damages. 
 
 Sec. 4942. Refusal to weigh; consignee may weigh, when. — In case 
 the carrier shall fail or refuse to weigh said coal at its destination 
 or at the nearest track scales to the point of destination between said 
 point and the point of shipment, the consignee may weigh said coal, 
 and his weights shall be prima facie evidence of the amount of coal 
 received, and the carrier shall be liable in damages as set out in this 
 article for any shortage between the actual 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. 
 
 Sec. 4943. Refusal to weigh; penalty. — Any agent, servant or em- 
 ployee of any carrier who shall fail or refuse to weigh any coal at its 
 point of destination, or shall knowingly or wilfully make false 
 weights of such coal, or in case there are no track scales at the point 
 of destination at the nearest track scales passed in its transit from 
 its point of shipment, such agents, servants or employees shall be 
 deemed guilty of a misdemeanor, and shall be punished by a fine of 
 not less than fifty nor more than one hundred dollars, or be im- 
 prisoned not less than thirty days nor more than sixty days or both 
 such fine and imprisonment. 
 
636 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 4944. Shipments into State. — Whenever any coal shall be 
 brought into this State by any carrier where the point of shipment 
 is outside of the State, the same shall be weighed by the carrier at 
 the nearest track scales within the State to the State line, and after 
 being so weighed, as to its further carriage all of the provisions of 
 this article shall apply thereto in the same manner as if the shipment 
 originated within this State. 
 
 Sec. 4945. In case of dispute over shortage. — In case any contention 
 shall arise between the consignee and the carrier in regard to the 
 shortage of coal on any car, the car shall be weighed first while 
 loaded and then the empty car shall be weighed again and the actual 
 gross and net weights shall be ascertained, and the stencil weight of 
 any car marked thereon shall not be taken in any case as a true 
 weight of said car. 
 
 Comp. Stats., 1921, Vol. 2, ch. 68, p. 2744. 
 
 Sec. 8011 (1915). Gas companies to use meters. — That all persons, 
 firms, corporations or other business organizations engaged in the 
 business of furnishing natural gas in municipalities in this State, to 
 the inhabitants thereof, shall do so through standard meters at me- 
 ter rates : Provided, That this act shall only apply to towns where 
 the population exceeds five hundred, and shall not prohibit the sale of 
 gas at a flat rate to Federal, State or municipally owned buildings, 
 institutions or plants: Provided further, That this act shall not 
 abrogate any existing contract, or effect or change the terms or condi- 
 tions of any franchise granted by any municipal corporation prior 
 to, and in effect April 28th, 1913. 
 
 Comp. Stats., 1921, Vol. 2, ch. 20, p. 1588. 
 
 Sec. 3738 (1919). Marking of glassware, manufacturer's bond. — Any 
 and all pieces of testing glassware shipped into or manufactured 
 within the State shall have clearly blown, or otherwise permanently 
 marked, in the side of the bottle, the word " Sealed," 1 and in the side 
 or bottom of the piece the name, initials or the trade-mark of the 
 manufacturer and designating number, which designating number 
 shall be different for each manufacturer and may be used in iden- 
 tifying the bottles. The designating number shall be furnished by 
 the State dairy commission or commissioner upon application by the 
 manufacturer, and upon filing by the manufacturer of a bond in 
 the sum of one thousand dollars, with sureties to be approved by the 
 attorney general, conditioned upon their conformance with the re- 
 quirements of those sections relating to specifications therefor. A 
 record of the bonds furnished the designating numbers, and to whom 
 furnished, shall be kept in the office of the State dairy commission or 
 commissioner. 
 
 Sec. 3739. Penalty. — Any manufacturer who sells testing glassware 
 to be used in this State that fails to comply with the specifications 
 in the section relating thereto, shall suffer the penalty of five hundred 
 dollars, to be recovered by the attorney general in an action against 
 the offender's bondsmen, to be brought in the name of the people 
 of the State. 
 
 Sec. 3740. Inspection and tests. — (a) State inspectors of dairy prod- 
 ucts are required to examine all glassware in creameries, cream sta- 
 tions and in all other places where milk or cream is bought or sold 
 
OKLAHOMA 637 
 
 by test, as provided in this act, for butter-fat, and determine whether 
 such glassware is properly marked and sealed, and shall be required 
 from time to time to collect samples of glassware to be calibrated 
 and examined by the experiment station chemist of Oklahoma, for 
 the purpose of determining the capacity of the graduated portions 
 of the necks of test bottles and whether or not the glassware meets 
 all the provisions of the sections pertaining thereto. 
 
 (b) All users of glassware where milk or milk products are bought 
 or sold on a butter-fat test, shall be required to submit, within ninety 
 days after this act shall go into effect, all pieces of glassware to be 
 used by them to the experiment station chemist of Oklahoma, to 
 be calibrated, and such pieces as pass inspection shall be permanently 
 marked with the letters " S. D. C." and returned at the owner's 
 expense: Provided, That nothing in this act shall apply in case of 
 violations of provisions in this section. 
 
 Sec. 3741. Standard test bottles. — The standard test bottles for milk 
 shall have a capacity of two cubic centimeters for each ten per cent 
 marked on the necks thereof. 
 
 The necks of the standard milk test bottles shall be graduated from 
 zero to ten per cent and the graduated scale shall be seventy-five 
 millimeters in length, with an allowable tolerance of five milli- 
 meters either above or below. The graduated scale shall be plainly 
 divided into per cent and fifty per cent divisions by lines of different 
 lengths. Each per cent graduation shall be numbered and the toler- 
 ance for the entire graduated scale or for either half thereof shall 
 not exceed one-tenth of one per cent. 
 
 (a) Milk pipettes shall deliver 17.6 cubic centimeters of distilled 
 water, the last drop being expelled by pressing the finger over the 
 suction tube and holding the bulb of the pipette in the hand. 
 
 (b) When filled with water at 20° C. delivery shall be in 4 to 8 
 seconds. The tolerance in excess of [or] deficiency shall not exceed 
 0.05 cubic centimeters. 
 
 (c) Cream Test Bottles: Cream test bottles shall be of three 
 types and shall comply with the following specifications : 
 
 Type A — Fifty per cent, 9 gram, 6 inches, one-half per cent grad- 
 uation: Each ten per cent of the neck of the bottle shall represent 
 a volume of one cubic centimeter. 
 
 The neck of the bottle shall be graduated from zero to fifty per 
 cent and the graduated scale shall be ninety millimeters in length, 
 with an allowable tolerance of ten millimeters above or below. The 
 graduated scale shall be plainly divided into five per cent, one per 
 cent and one-half per cent divisions by lines of different lengths. 
 Each five per cent or ten per cent graduation shall be numbered. 
 The allowable tolerance for calibration shall not exceed one-half 
 per cent for the entire graduated scale or for either half thereof. 
 
 Type B — Thirty per cent, eighteen grams, six inches one-half per 
 cent graduations: Each five per cent on the neck of the bottle shall 
 represent a volume of one cubic centimeter. The neck of the bottle 
 shall be graduated from zero to thirty per cent, and the graduated 
 scale shall be seventy-five millimeters in length. All other specifica- 
 tions are to be the same as type A. 
 
 Type C — Fifty per cent, 18 grams, 9 inches, one-half per cent grad- 
 uations: The neck of the bottle shall be graduated from zero to 
 
638 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 fifty per cent and the graduated scale shall be one hundred and 
 twenty-five millimeters in length, with an allowable tolerance of 
 five millimeters, either above or below, each five per cent on the 
 neck of the bottle shall represent a volume of one cubic centimeter. 
 All other specifications are to be the same as for type A. 
 
 Sec. 3742. Testing dairy products. — It shall be unlawful for any 
 person, by himself, his servant or agent, or as the servant or agent 
 of another, to falsely manipulate or underread or overread or make 
 any false determination by the test as provided in this act, or any 
 other contrivance used for determining the quality or value of 
 milk or cream delivered to a creamery, cheese factory, cream receiv- 
 ing station, ice cream factory, or at any other place when sold or 
 purchased. Cream shall be tested by weight only. 
 
 All tests must be free from curd, charr or other foreign matter, 
 and shall be read at a temperature of 130 degrees to 140 degrees 
 F. and glymol shall be used to reduce the meniscus, before the 
 reading is taken on cream tests. 
 
 Sec. 3743. Cream sales. — Cream test scales shall be sensitive and ac- 
 curate to one-tenth part of one gram. The test of accuracy shall 
 be made by noting the action of the scale when a 100 mg. weight 
 is placed on the pan when the scale is in a balanced position. 
 
 Sec. 3744. Penalty. — Anyone violating any of the provisions of this 
 act shall be deemed guilty of a misdemeanor and shall, upon con- 
 viction, be fined not less than twenty-five dollars, nor more than 
 fifty dollars, or imprisoned in the county jail for thirty days, or 
 both such fine and imprisonment. 
 
 Comp. Stats., 1921, Vol. 2, ch. 63, p. 2665. 
 
 Sec. 7621 (1908). Screening coal; weighing same; penalty. — It shall 
 be unlawful for any mine owner, lessee, or operator of coal mine 
 employing miners who are paid by the quantity of coal mined by 
 them, to use any other than a recognized standard scale or to pass 
 the output of coal mined by said miners, over any screen or any 
 other device until the same shall have been weighed and duly cred- 
 ited to the miner sending the same to the surface and accounted 
 for at the legal rate of weights, * * * and any owner, agent 
 or operator of any coal mine who shall knowingly violate any of 
 provisions of this section, shall be guilty of a misdemeanor, and 
 upon conviction shall be punished by a fine of not less than two 
 hundred nor more than five hundred dollars for each offense, or 
 by imprisonment in the county jail for a period of not less than 
 sixty days nor more than six months or by both such fine and 
 imprisonment. 
 
 Sec. 7623 (1907-8). Cheekweighman, rights of. — The miners em- 
 ployed by or engaged in working for any mine owner, operator or 
 lessee of any mine in this State, shall have the privilege, if they 
 desire, of employing, at their own expense, a check-weighman, who 
 shall have equal rights, powers and privileges in the weighing of 
 coal with the regular weighman, and shall subscribe to the same oath 
 as regular weighman. Said oath shall be kept conspicuously posted 
 in the weigh office and any regular weigher of coal or person so 
 employed who shall knowingly violate any of the provisions of this 
 or the next preceding section, or any owner, operator or agent of 
 any coal mine in this State who shall forbid or hinder miners employ- 
 
OKLAHOMA 639 
 
 ing or using check- weighman, in the discharge of his duties, shall be 
 deemed quilty of a misdemeanor, and upon conviction shall be 
 punished by a fine of not less than one hundred dollars nor more 
 than five hundred dollars for each offense or by imprisonment, of 
 not less than thirty days nor more than six months. Whenever the 
 chief mine inspector' shall be satisfied that the provisions of this 
 section have been so violated it shall be his duty to prosecute the 
 person guilty thereof. 
 
 Sec. 7624 (al910). Standard scales; fraudulent weighing. — Every 
 owner, operator or agent of any coal mine in this State employing 
 miners at bushel or ton rates, shall provide at such mine accurate 
 and suitable scales, of standard manufacture, upon which shall be 
 accurately weighed all coal coming out of such mine before being 
 screened or placed in railroad cars; said scales to be located at a 
 reasonable distance from the point where the coal is delivered to 
 the surface opening of the mine ; and any owner, agent or operator, 
 having or using any scales for the purpose of weighing the product 
 of the miner's labor, who shall by arrangement or construction of 
 scales or by any contrivance therewith connected, causes any fraud- 
 ulent weighing of such coal, or who shall knowingly resort to, permit 
 or employ any person or means whatever, by reason of which said 
 product of the miners' labor is not correctly weighed and the true 
 weight reported in accordance with the provisions of this article, 
 shall be deemed guilty of a misdemeanor, and shall upon conviction 
 for each offense be punished by a fine of not less than two hundred 
 dollars, nor more than five hundred dollars, or by imprisonment in 
 the county jail for a period of not less than sixty days nor more 
 than six months, or by both such fine and imprisonment. 
 
 Sec. 7625 (1908). Inspection of mine scales; penalty. — The chief 
 mine inspector and assistant mine inspector, shall be ex-officio in- 
 spectors of weights, measures and scales used at coal mines, and 
 it shall be their duty to test all scales, and if defects or irregulari- 
 ties are found in such scales which prevent correct weights and 
 measurements, the inspector shall call the attention of the mine 
 owner, agent or operator to said defects, and shall direct the same 
 be at once properly adjusted and corrected, and if such owner, 
 agent or operator shall refuse to put such scales in proper adjust- 
 ment and condition, so that the same shall correctly weigh the coal, 
 after being notified by the inspector to do so, such owner, agent or 
 operator shall be deemed guilty of a misdemeanor and upon con- 
 viction therefor shall be fined not exceeding five hundred dollars 
 or be confined not exceeding six months in the county jail, or both. 
 
 517—27 41 
 
OREGON 
 
 Oregon Laws, 1920, Vol. 2, Title 43, ch. 10, p. 3085. 
 
 Sec. 8112 (1854). Standards established. — The weights and measures, 
 together with the scales and beams, and those made in conformity 
 therewith, which are now or may hereafter be deposited in the 
 treasury of this State, shall be preserved by the treasurer x and be 
 the public standards in this State. 
 
 Sec. 8083. Treasurer of State to be sealer. — The treasurer of the State 
 shall be the sealer of weights and measures, and he shall have and 
 keep a seal, which shall be so formed as to impress the word " Ore- 
 gon " upon the weights and measures, scales, and beams, to be sealed 
 by him, with which he shall seal all such authorized public stand- 
 ards of weights and measures, and all the weights and measures, 
 scales and beams, to be provided by the several counties when exam- 
 ined by said treasurer and found to be in conformity with the 
 standard weights and measures, scales and beams, aforesaid. 
 
 Sec. 8084 (1913). Deputy State sealer, authority of. — The State treas- 
 urer shall appoint a deputy State sealer of weights and measures 
 who shall have authority throughout the State to test such scales, 
 weights, measures, or any device used to ascertain the quantity of 
 any commodity, and to enter any place of business at all reasonable 
 hours for such purpose of ascertaining whether the law is being 
 complied with in relation to the use of weights and measures or 
 the giving of full weight and measure in trade. 
 
 Sec. 8085. Supervisory control. — It will be the duty of the deputy 
 State sealer of weights and measures to exercise general supervisory 
 control over the inspection of weights and measures in use through- 
 out the State, and to investigate all trades and trade customs or 
 practices of every description which have a tendency in his judg- 
 ment toward dishonesty in the use of weights and measures or in 
 the buying or selling of any commodity by weight or measure. 
 
 Sec. 8086. Violation; duty of deputy State sealer in. — It shall be the 
 duty of the deputy State sealer of weights and measures whenever 
 he has knowledge of the violation of any State law relating to the 
 subject of weights and measures to institute or cause to be instituted 
 criminal proceedings for the prosecution of any person, firm or 
 corporation responsible for such violation of the law. 
 
 Sec. 8087. Violation, proceedings under. — It shall be the duty of the 
 prosecuting attorney in each district to represent the State in any 
 procedure for the violation of the State law brought under this act. 
 
 Sec. 8088. Standards, testing and sealing of. — It shall be the duty of 
 the deputy State sealer of weights and measures to try, prove and 
 seal with the seal of the State all proper standards sent to him by the 
 
 1 See Laws, 1923, ch. 271, infra, by which the duties of the State treasurer in the 
 capacity of State sealer of weights and measures are to be transferred to the State 
 market agent after the expiration of the incumbency of the present State treasurer. 
 
 640 
 
OREGON 641 
 
 properly authorized sealer of any county, municipality or town with- 
 in the State. 
 
 Sec. 8089. Purchase of standards and equipment. — The State sealer 
 of weights and measures is hereby authorized to procure at the ex- 
 pense of the State such standards and other equipment as may be 
 necessary for the proper execution of the duties under this law, 
 and to procure and use such standards only as have been passed upon 
 as correct by the National Bureau of Standards of the United States, 
 and such other standards that have heretofore been adopted or may 
 hereafter be adopted by the State of Oregon. 
 
 Sec. 8090. Standards, testing and proving of. — The standards in pos- 
 session of the State sealer of weights and measures obtained through 
 and passed upon by the National Bureau of Standards of the United 
 States, shall be at least once in ten years tested by the National 
 Bureau of Standards, and such standards shall be known and recog- 
 nized as the State standards of Oregon. 
 
 Sec. 8091. Assistants, appointment of. — The State sealer of weights 
 and measures is further authorized and empowered to appoint such 
 assistant and clerical aid as may be necessary to place in practical 
 operation the provisions of this act. 
 
 Sec. 8092. Report. — It shall be the duty of the State sealer of 
 weights and measures to embody in his biennial report the proceed- 
 ings under this act, accompanied with a detailed statement of ex- 
 penses thereof, and such other information or recommendations as he 
 may deem proper. 
 
 Sec. 8093 (1915). Weights and measures districts, how formed; district 
 sealer, appointment of; counties pay salary and expenses pro rata. — That 
 the State treasurer, as State sealer, is hereby authorized and directed 
 to divide the State into not to exceed four weights and measures dis- 
 tricts; said districts to be formed from counties contiguous to each 
 other; he shall appoint a person residing in each of said districts as 
 his deputy under the name and title of district sealer of weights 
 and measures. 
 
 Said district sealer shall receive his actual traveling expenses and 
 a salary of not to exceed one hundred dollars per month; said ex- 
 penses and salary shall be paid pro rata by each of the counties 
 comprising the district, upon certification of the State treasurer, 
 as to amount due : Provided, however, That such expenses as may be 
 incurred by the district sealer shall not exceed eight hundred and 
 fifty dollars in any one district in any one year. 
 
 Upon receipt of the certificate of the State treasurer showing the 
 amount due from his county for the services of said district sealer, 
 the county clerk of that county shall draw . a warrant for said 
 amount upon the county treasurer in favor of said district sealer in 
 the same manner that warrants are drawn for the payment of salaries 
 of county officers. 
 
 Sec. 8094. Pro rata share based on population. — The pro rata share 
 of each county shall be apportioned by the State treasurer, according 
 to the population of the several counties comprising the district as 
 shown by the last regular United States census : Provided, That any 
 city that may or does provide for local inspection shall not be in- 
 cluded as a part of the population of that county within which it is 
 located. 
 
642 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8095. Rearrangement of districts. — The State sealer may, at any 
 time when in his best judgment he deems it advisable for the more 
 efficient or economical administration of the law, change or rear- 
 range the counties comprising the districts : Provided, That such 
 change or rearrangement will require not more than four districts, as 
 heretofore mentioned. 
 
 Sec. 8096. Provide for keeping equipment. — The county court of that 
 county within which the district sealer has his residence shall provide 
 such district sealer with a suitable and convenient place for keeping 
 such standards or equipment as may be necessary. 
 
 Sec. 8097. Removal of district sealers; duties. — The district sealers 
 shall serve at the direction and under' the supervision of the State 
 treasurer, as State sealer, and may be removed by him for incom- 
 petency, inefficiency or inattention to duty. All duties required 
 by law to be discharged by county sealers in connection with the 
 supervision of weights and measures, or authority delegated to them, 
 shall, from and after the taking effect of this act, be discharged by 
 the said district sealers. 
 
 Sec. 8098. Deputy State sealer; duties. — Under the direction of the 
 State treasurer, as State sealer, the deputy State sealer shall have 
 and keep general supervisory control over inspection of weights and 
 measures, and weighing and measuring devices, offered for sale, sold, 
 or in use in the State. He, or district sealers at his direction, shall, 
 upon the written request of any citizen, firm, corporation or educa- 
 tional institution in the State, test or calibrate weights, measures, and 
 weighing or measuring devices used as standards in the State. He, 
 or district sealers at his direction, shall, at least once annually, test 
 the scales, weights and measures used in checking the receipts or 
 disbursements of supplies in every State institution for the mainte- 
 nance of which moneys are appropriated by the legislature, and 
 he shall report in writing his findings to the State board of control 
 and to the executive officer of the institution concerned. He shall, at 
 the request of such State board of control or executive officer of 
 any State institution, appoint, in writing, an employee then in the 
 actual service of such institution, who shall, without receiving addi- 
 tional compensation, act as special deputy, for the purpose of check- 
 ing the receipts and disbursements of supplies. 
 
 Sec. 8099 (1913). Testing, sealing and condemning. — It shall be the 
 duty of the county [district] sealer of weights and measures, within 
 the county [district] for which he is appointed, to visit at least 
 once in each year during his term of office every place of business 
 where any scale, weight or measure, or any device for ascertaining 
 the quantity of any commodity, is kept for the purpose of trade, 
 and try, test and prove such scale, weight, or measure, or such device 
 for ascertaining the quantity of any commodity, and where they are 
 found to be accurate shall seal the same with the seal to be kept 
 by him for that purpose, and when found to be inaccurate shall 
 condemn the same and mark with a tag forbidding the further use 
 thereof until made to comply with the county standards: Provided, 
 That where, in the judgment of the county [district] sealer of 
 weights and measures, such scale, weight, or measure, or device for 
 ascertaining the quantity of any commodity is needed for use as 
 evidence in the trial of any case, he shall take the same into his 
 
OREGON 643 
 
 possession there to await a decision of a competent court of justice, 
 who shall, in addition to any other penalty provided by law, order 
 the destruction thereof where it appears that the same was used 
 with intent to defraud or is incapable of repair or correct ad- 
 justment. 
 
 Sec. 8100. Reports. — It shall be the duty of the county [district] 
 sealer of weights and measures to file with the county court and the 
 State sealer of weights and measures not later than the first clay of 
 September of each year a report covering the activities of his office 
 for the preceding year, together with a statement of the expenses 
 thereof, and such other information or recommendations as may be 
 proper, or the State sealer of weights and measures may require. 
 
 Sec. 8101. Criminal proceedings, instituting. — It shall be the duty of 
 the county [district] sealer of weights and measures, whenever he 
 has knowledge of the violation of any State law relating to the 
 subjects of weights and measures, to institute criminal proceedings 
 for the prosecution of any person or persons, firm or corporation 
 responsible for such violation : Provided, however, That none of the 
 provisions of this act shall be so construed as to give any county 
 [district] sealer the right to exercise his authority within the cor- 
 porate limits of any city located within the bounds of the county 
 for which such county [district] sealer shall have been appointed 
 where such city has provided, or may hereafter provide, by ordi- 
 nance, for the appointment of a city sealer of weights and measures. 
 
 Sec. 8102. Salaries and expenses, how paid. — The salary and expenses 
 of the deputy State sealer of weights and measures required to en- 
 force the provisions of this act, the salary of the assistant deputy 
 State sealer and stenographer, which assistant deputy and stenog- 
 rapher the State sealer is hereby authorized to employ in his 
 discretion, and all other expenses of every kind incurred in carrying 
 out the provisions of this act shall be paid from the general fund 
 of the State in the same manner as other State salaries and expenses 
 are paid. 
 
 Sec. 8103. Ordinances not limited by act. — None of the provisions of 
 this act shall be construed as in any way limiting the rights of any 
 city regularly incorporated, within the State, to enforce any ordi- 
 nance, or ordinances, which it may have heretofore, or any hereafter 
 enact, providing for the sealing of weights and measures, or regulat- 
 ing the method of sale of any commodity usually sold by weight or 
 measure, unless such ordinance or ordinances are in conflict with the 
 standards of weights and measures as adopted by this State. 
 
 Sec. 8104 (1915). Tolerances and specifications; unlawful to use differ- 
 ent weights and measures. — The deputy State sealer shall prescribe 
 such tolerances and specifications for weights or measures as he may, 
 in his judgment, deem necessary for the proper protection of the 
 public, and it shall be unlawful for any person to offer or expose 
 for sale, sell or use such weights or measures for commercial purposes 
 as are made contrary to such specifications or that do not come within 
 the prescribed tolerance : Provided, however, That such tolerances and 
 specifications as he may prescribe shall conform to any statute oi 
 the State relating to same, or to such as have been recommended by 
 the National Bureau of Standards. Such tolerances and specifica- 
 tions, when prescribed, shall be followed in making all inspections 
 
644 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and tests throughout the State. A weight or measure defined as cor- 
 rect shall be understood and construed to mean only such one as con- 
 forms to the " standard " within the tolerance prescribed and which 
 complies with such specifications as are applicable to it; all other 
 weights or measures shall be understood and construed to be incorrect, 
 and in violation of law. 
 
 Sec. 8105. Weights and measures condemned for repairs; confiscation 
 of, when; destruction of, when. — Such weights or measures as are 
 incorrect and yet may be repaired, shall be marked or tagged as " con- 
 demned for repairs," and the owners or users shall have the same 
 repaired within such time as the deputy State sealer or the district 
 sealer may require, and any weight or measure or weighing or meas- 
 uring device that has not been repaired within the required time may 
 be confiscated and such weight or measure as is, in their best judg- 
 ment, not susceptible to satisfactory adjustment or repair may be 
 taken into their possession, and shall be held for a period of thirty 
 days next ensuing, at the expiration of which time, if no action at law 
 or suit in equity has been brought for the recovery of the same, it 
 may be destroyed. 
 
 Sec. 8106. Scale out of balance. — It shall be unlawful for any person 
 to have in his possession, maintain for use or use any scale for com- 
 mercial purposes, which is out of balance. 
 
 Sec. 8107. Weights and measures not sealed. — It shall be the duty of 
 the district sealers to seal all such weights and measures and weighing 
 and measuring devices as are found correct, after test, with an ap- 
 propriate seal, the design for which shall be furnished by the deputy 
 State sealer: Provided, however, That weights used in connection 
 with scales, graduates, milk bottles and similar glass measures need 
 not be sealed. 
 
 Sec. 8108. Eepresent State. — It shall be the duty of the district 
 attorney in each district to represent the State in any procedure for 
 the violation of the State law brought under this act. 
 
 Sec. 8109. Certain State regulations shall be followed. — None of the 
 provisions of this act shall be construed as in any way limiting the 
 right of any city regularly incorporated within the State from 
 enforcing any ordinance or ordinances which it may have heretofore 
 or may hereafter enact relating to weights and measures : Provided, 
 hoxoever, That such ordinance shall not establish standards of weight 
 or measure in relation to the sale of commodities other than such 
 as will conform to those adopted by the State : And be it further pro- 
 vided, That such specifications, tolerances and regulations apper- 
 taining to the testing, sealing, condemning or confiscation of weights, 
 measures or weighing or measuring devices established or adopted by 
 the State shall be followed by such city in making inspections and 
 tests. 
 
 Sec. 8110. Special sealers may enforce State laws. — The State sealer 
 and the deputy State sealer of weights and measures shall have such 
 authority as is authorized and conferred upon them within the limits 
 of such city, and the State sealer is hereby authorized, at his discre- 
 tion, to appoint as special sealers, the person or persons who mav 
 for the time being, hold the position of city sealer or deputy city 
 sealer, within such city, to enforce the provisions of this act within 
 the limits of such city, and such person or persons so appointed 
 shall receive no additional compensation therefor. 
 
OREGON 645 
 
 Sec. 8111. Authority limited. — None of the provisions of this act 
 shall be construed as in any way authorizing or empowering a district 
 sealer to exercise any authority conferred upon him, within such 
 city, so having provided for local inspection of weights and measures. 
 
 Sec. 8113. Dry measures; unlawful to use; to sell by net weight or 
 numerical count; boxes and baskets; contracts. — From and after the 
 passage and adoption of this act, it shall be unlawful to use or 
 employ any dry capacity measure as a means to determine the 
 amounts 2 or quantities of commodities offered or exposed for sale 
 or sold. 
 
 All commodities heretofore commonly sold by dry measure shall, 
 from and after the taking effect of this act, be sold upon the basis 
 of net weight or by numerical count. 
 
 Dry capacity measures, within the meaning of this section, shall 
 be construed to be the bushel, half-bushel, peck, half-peck, quarter- 
 peck, quart, pint, half -pint and similar measures. 
 
 Boxes, baskets and similar containers, the capacities of which have 
 been established by law, shall not be construed as being dry capacity 
 measures. 
 
 Any and all existing contracts in which quantities are estimated 
 or arrived at by dry capacity measure or from the bushel weights 
 as at present established by law shall be in force until matured: 
 Provided, however, That all contracts made after the taking effect 
 of this act shall establish the amounts or quantities of commodities 
 contracted for therein by net weight or numerical count. 
 
 Sec. 8114. Dry commodity by liquid measure. — It shall be unlawful 
 to offer or expose for sale or sell any dry commodity by liquid 
 measure. 
 
 Sec. 8115. Sale of firewood, coal and ice. — Firewood shall be sold by 
 the cord or fraction of a cord ; coal shall be sold by the ton or frac- 
 tion of a ton; ice shall be sold by weight, and in all sales of fire- 
 wood, coal or ice a definite statement shall be made to the purchaser 
 as to the amounts or quantities thereof. 
 
 Sec. 8116. Coal, carload shipments, net weight governs. — In all ship- 
 ments of coal received within this State, in carload lots containing 
 twenty-five tons or more, the net weight of the coal at the destina- 
 tion point shall govern, unless expressly contracted for otherwise. 
 
 Sec. 8117. Capacity of fuel tanks, range boilers. — When the capacity 
 of fuel tanks, range boilers or similar receptacles is marked thereon, 
 such mark or marks shall indicate the true capacity. 
 
 Sec. 8118. Oysters, how sold. — It shall be ivnlawful to offer or expose 
 for sale or sell any shelled oysters, uncooked, in any other manner 
 than by numerical count, weight, or standard liquid measure, and 
 it shall be unlawful to include, as a part of the weight or the meas- 
 ure, any water or liquid in any greater amount than sixteen per cent 
 of the weight or measure of the oysters offered or exposed for sale 
 or sold ; within the meaning of this section, to determine the amount 
 of water or liquid included, the oysters shall be well drained. 
 
 Sec. 8119. Less than quantity represented. — It shall be unlawful for 
 any person or persons, to offer or expose for sale or sell less than 
 the quantity represented, or who, as the buyer, furnished the weight 
 or measure by means of which the amount of the commodity is deter- 
 
 • See also sec. 8138. 
 
646 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 mined, to take more than the quantity represented or to sell any 
 commodity in a manner contrary to law. 
 
 Sec. 8120 (1913). False certificate of weight. — It shall be unlawful 
 for any person, firm or corporation, owning or operating any scale 
 for hire or award, to give a false certificate of weights to any person, 
 firm or corporation, and every person, firm or corporation owning 
 or operating a scale for hire or award shall keep a record of all 
 weighings made, and shall on demand of the party interested, report 
 the correct weight in writing of any article or articles to the owner 
 or purchaser thereof. 
 
 Sec. 8121. False certificate of weight. — It shall be unlawful for any 
 person, firm or corporation using any scale, weight or measure, or 
 any device for ascertaining the quantity of any commodity, to give 
 any false certificate, or make any false statement as to the weight or 
 measure of such commodity, to any person whereby such person, 
 or any other person, firm or corporation shall suffer loss or in- 
 jury. 
 
 Sec. 8122 (al915). Net weight required. — It shall be unlawful, in 
 selling any commodity by weight or measure, to include the weight 
 or measure of anything other than the weight or measure of such 
 commodity so sold : Provided, hoioever, That this shall not be so con- 
 strued as to interfere with the right of contract as between parties. 
 It shall be unlawful for any person, firm or corporation to use any 
 false weight or measure, or to sell any commodity at a greater weight 
 or measure than its true weight or measure, or where the buyer is 
 the weigher or measurer, to take any greater weight or measure than 
 the true weight or measure. 
 
 Sec. 8123 (1913). Interfering with officer. — It shall be unlawful for 
 any person to interfere in any way with any officer charged with the 
 enforcement of the provisions of this act while such officer is engaged 
 in the performance of his duty, as herein provided, or to alter, erase, 
 change or remove any tag or seal placed by such officer in the per- 
 formance of his duty upon scale, weight or measure. 
 
 Sec. 8124. Cord of wood. — The standard of a cord of wood within 
 the State shall be one hundred and twenty-eight cubic feet of wood, 
 well piled. 
 
 Sec. 8125. Standard ton of coal; long ton. — The standard for a ton 
 of coal, within this State, shall be two thousand pounds, avoirdupois 
 weight, unless the so-called long ton, twenty-two hundred forty 
 pounds, is expressly contracted for. 
 
 Sec. 8126 (al917). Standard boxes for berries. — The standard boxes 
 or baskets used in the sale of strawberries, blackberries, loganberries, 
 raspberries, or similar berries, shall be of the interior capacity 
 of sixty-seven and two-tenths cubic inches (dry quart) or thirty- 
 three and six-tenths cubic inches (dry pint) or sixteen and eight- 
 tenths cubic inches (dry one-half pint). And it shall be unlawful 
 to offer or expose for sale or sell strawberries, blackberries, logan- 
 berries, raspberries, or similar berries, in boxes or baskets of other 
 than standard size: Provided. That nothing within this section 
 shall be construed as in any way preventing the sale of strawberries, 
 blackberries, loganberries, raspberries, or similar berries, by weight 
 or in boxes or baskets of greater capacity than sixty-seven and two- 
 tenths cubic inches, 
 
OREGON 647 
 
 Sec. 8127. Commodities in package form to have net contents marked. — 
 It shall be unlawful to keep, for the purpose of sale, offer or expose 
 for sale, or sell any commodity in package form, unless the net 
 quantity of the contents be plainly and conspicuously marked on the 
 outside of the package, in terms of weight, measure, or numerical 
 count: Provided, however, That reasonable variation or tolerance 
 shall be permitted and that these reasonable variations or tolerances 
 and regulations shall be made and enforced by the State sealer 
 of weights and measures : Provided further, That this section shall 
 not be construed to apply to those commodities in package form, the 
 manner of sale of which is specifically regulated by the provisions of 
 other sections of this act. 
 
 Sec. 8128. False weight or measure, prima facie evidence, when. — In 
 all prosecutions for the violation of any laws relating to weights 
 or measures, the possession of a weight or measure, or weights or 
 measures, which has been altered, changed, or in any manner 
 tampered with so that the same shall give a false or wrong weight 
 or measure in either buying or selling any commodity, shall be prima 
 facie evidence of the guilt of the person having the same in 
 possession. 
 
 Sec. 8129. Automatic measuring pumps, test of; short measure prima 
 facie evidence. — Every person who uses an automatic measuring 
 pump or any pump winch is used to measure the amount of any 
 liquid sold shall keep a standard measure and test such pump as to 
 its accuracy in measuring such liquid and keep the same in such 
 condition as to accurately measure any liquid sold therefrom at all 
 times and the delivery or sale of short measure from any such 
 pump shall be prima facie evidence of the guilt of the person owning 
 or operating the same. 
 
 Sec. 8130. Impersonating. — It shall be unlawful for any person to 
 impersonate any deputy State sealer or district sealer of weights and 
 measures and any person so doing shall be guilty of a misdemeanor 
 and upon conviction thereof shall be subject to the penalties as pro- 
 vided in section 8133 of which this section is a part. 
 
 Sec. 8131 (1913). Penalties. — Any person or persons violating any 
 of the provisions of chapter 325, Laws of 1913, [sections 8084 to 8092, 
 inclusive, 8099 to 8103, inclusive, 8120 to 8125, inclusive] shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine of not less than five dollars nor more than 
 five hundred dollars, or imprisonment in the county jail for not 
 less than five days nor more than ninety days, or by both such fine 
 and imprisonment. 
 
 Sec. 8132 (1915). Violation, penalty. — Any person who, by himself 
 or by his servant or agent, or as the servant or agent of another 
 person, violates any of the provisions of chapter 162, Laws, 1915 [sec- 
 tions 8093 to 8098, inclusive, and 8126], shall be deemed guilty of a 
 misdemeanor and, upon conviction thereof, shall be punished by a 
 fine of not less than five dollars nor more than five hundred dollars, 
 or imprisonment in the county jail for not less than five days nor 
 more than ninety days, or by both such fine and imprisonment. 
 
 Sec. 8133. Violation, penalty. — Any person or persons who violate 
 any of the provisions of chapter 161, Laws of 1915, [sections 
 8104 to 8111, inclusive, 8113 to 8119, inclusive, 8127 to 8130, in- 
 
648 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 elusive] shall be deemed guilty of a misdemeanor and upon con- 
 viction thereof, shall be punished by a fine of not less than five 
 dollars nor more than five hundred dollars, or imprisonment in the 
 county jail for not less than five nor more than ninety days, or by 
 both such fine and imprisonment. 
 
 Sec. 8134. Terms denned. — The word " person or persons " as used 
 in this act, shall be construed to include the officers, directors, agent or 
 agents of any corporation, company, society or association. The 
 words " weight or measure and weights or measures " shall be con- 
 strued to include weights, scales, beams, measures of any kind, in- 
 struments and mechanical devices for weighing or measuring, and 
 any appliances or accessories connected with any and all such 
 instruments. 
 
 Sec. 8135 (1917). Jurisdiction. — In all prosecutions arising under 
 sections 8084, 8125 and 8131-8134, justices of the peace shall have 
 concurrent jurisdiction with the circuit courts. 
 
 Sec. 8136. Standard barrel for cranberries. — The standard barrel 3 for 
 cranberries shall be of the following dimensions, when measured 
 without distension of its parts: Length of staves, twenty-eight and 
 one-half inches; diameter of head, sixteen and one-fourth inches; 
 distance between heads, twenty-five and one-fourth inches; circum- 
 ference of bulge, fifty-eight and one-half inches, outside measure- 
 ment ; and the thickness of the staves not greater than four-tenths of 
 an inch. 
 
 Sec. 8137. Subdivisions of barrel. — All cranberries offered for sale 
 shall be packed in a standard cranberry barrel, or a legal subdivision 
 thereof, such as half-barrel, a third-barrel, or box which shall have 
 the cubical contents of a half-barrel, or third-barrel. 
 
 Sec. 8138. Less than one-third barrel, how sold. — Cranberries, when 
 offered for sale in quantities less than a third-barrel, may be sold by 
 dry measure; that is, by quart, pint, and similar measures. 
 
 Sec. 8139. Sold in containers, when. — Cranberries may be sold in 
 containers or cartons, holding four quarts, two quarts, one quart, or 
 one pint, and upon the containers or cartons shall be printed the 
 cubical contents of such containers and cartons. 
 
 Sec. 8140. Penalty. — Any person or persons who violate any of the 
 provisions of this act [sections 8136-8141] shall be deemed guilty of 
 a misdemeanor, and upon conviction thereof shall be punished by a 
 fine of not less than five dollars nor more than fifty dollars, or im- 
 prisonment in the county jail for not less than five nor more than 
 thirty days, or both such fine and imprisonment. 
 
 Sec. 8141. Terms defined. — The word " person " or " persons," as 
 used in this act, shall be construed to include the officers, directors, 
 agent or agents of any corporation, company, society or association. 
 
 Sec. 8142. Flour; standard weight of barrel and subdivisions. — There 
 shall be a standard weight for a barrel of flour, or subdivisions there- 
 of, known as the half, quarter and eighth barrel, when sold in the 
 sack. 
 
 Sec. 8143. Weights prescribed. — The standard weight of a barrel of 
 flour shall be 196 pounds, net weight, avoirdupois. The standard 
 weight of one-half barrel of flour shall be ninety-eight pounds, net 
 
 3 See footnote, p. 20, relative to the Federal standard barrel. 
 
OBEGON 649 
 
 weight avoirdupois. The standard weight of one-quarter barrel of 
 flour shall be forty-nine pounds, net weight, avoirdupois. The 
 standard weight of one-eighth barrel of flour shall be twenty-four 
 and one-half pounds, net weight, avoirdupois. 
 
 Sec. 8144. Bale of flour. — There shall be a standard weight for a 
 bale of flour, or subdivisions thereof, when sold in the sack. 
 
 Sec. 8145. Weight of. — The standard weight of a bale of flour shall 
 be ninety-eight pounds, net weight, avoirdupois, or ten sacks, weigh- 
 ing nine and eight-tenths pounds each, net weight, avoirdupois. 
 
 Sec. 8146. Sacks not standard prohibited. — It shall be unlawful to 
 expose for sale or sell in the sack, flour either white, whole wheat, 
 graham, or rye flour, by the sack in other than the standard sack 
 as herein provided. 
 
 Sec. 8147. Penalty. — Any person, firm, or corporation violating any 
 of the provisions of this act shall be deemed guilty of a misdemeanor 
 and upon the conviction thereof, shall be punished by a fine of not 
 less than ten dollars nor more than one hundred dollars. 
 
 Sec. 8148. Enforcement. — It shall be the duty of the State sealer of 
 weights and measures to enforce the provisions of this act. 
 
 Sec. 8149. Jurisdiction. — Justices of the peace and district courts 
 shall have concurrent jurisdiction with the circuit courts for the 
 enforcement of this act. 
 
 Sec. 8150 (1911). Standard apple box. — There is hereby created and 
 established a standard size for apple boxes for the State of Oregon. 
 
 Sec. 8151. Dimensions of. — The standard size of an apple box shall 
 be eighteen inches long, eleven and one-half inches wide, ten and 
 one-half inches deep, inside measurement. 
 
 Sec. 8152. Special size of box. — That the special size of apple boxes 
 shall be twenty inches long, eleven inches wide, and ten inches deep, 
 inside measurement. 
 
 Sec. 8153 (1913). Weight of sacks of potatoes, standardized. — There 
 shall be a standard weight for a sack of potatoes in the State of 
 Oregon. 
 
 Sec. 8154. Weight of sack of potatoes; weight of sack included, 
 when. — In all cases where not otherwise specified by contract, one 
 hundred pounds, inclusive of the weight of the containing bag or 
 sack, shall be the standard weight of a sack of potatoes in the State 
 of Oregon. 
 
 Sec. 8155 (1915). Mill feed, how sold.— All mill feed, including 
 crushed and ground grains, bran and shorts, shall be sold by weight 
 within the State of Oregon. 
 
 Sec. 8156. Violation. — Any person violating the provisions of this 
 act [section 8155] shall be deemed guilty of a misdemeanor. 
 
 Sec. 8157 (1913). Deduction for weight of sack in sale of farm or 
 range products, when made. — That whenever wheat, rye, Indian corn, 
 oats, barley, clover seed, buckwheat, alfalfa seed, timothy seed, field 
 peas seed, dried apples, dried peaches, dried prunes, potatoes, pears, 
 wool, mohair or any other farm or range product shall be sold by 
 the bushel or pound or in sacks, and if no special agreement shall 
 be made by the parties to the sale as to what tare or deduction 
 shall be made for the weight of the sacks containing the above 
 produce, no deduction shall be made therefor. 
 
650 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8158, as amended by Laws, 1925, ch. 118, p. 173. Measure for 
 hops. — The owner, lessee, manager or person in charge of any hop- 
 yard, where hops are being picked, shall cause said hops to be weighed 
 in order to ascertain the quantity of hops picked. It shall be unlaw- 
 ful for any owner, lessee, manager or person in charge of any hopyard, 
 where hops are being picked, to use or employ any other or differ- 
 ent method or manner in ascertaining the quantity of hops picked. 
 The owner, lessee, manager or person in charge of any hopyard, 
 where hops are being picked, shall be permitted to deduct as tare 
 not more than three pounds to cover the weight of the sack. 
 
 Any person or persons who violate any of the provisions of this 
 act shall be deemed guilty of a misdemeanor and, on conviction 
 thereof, shall be punished by a fine of not less than five dollars 
 nor more than fifty dollars, or imprisonment in the county jail for 
 not less than five nor more than thirty days, or by both such fine 
 and imprisonment. 
 
 Sec. 8159 (1905). Tare on hop sales; weight of baling cloth. — Here- 
 after in all sales and transfers of hops there shall be allowed and 
 deducted as tare five pounds per bale and no more. Five yards of 
 baling cloth is the maximum quantity to be used making the bale, 
 and the standard weight of each yard of baling cloth is hereby 
 fixed at tAventy-four ounces. 
 
 Sec. 8160. Weight of sacking when deducted as tare. — Any vendor of 
 hops using heavier sacking than that specified in this section, or 
 using any extraneous matter in the baling thereof, shall have the 
 same deducted as additional tare. 
 
 Laws, 1923, ch. 271, p. 394. 
 
 Sec. 1. State market agent. — There is hereby established the State 
 market agent. 
 
 Sec. 2. Powers and duties. — The powers and duties invested by this 
 act in the State market agent shall be as follows : 
 
 1. He shall act as adviser to producers, distributors and consumers, 
 when requested, assisting them to the best of his ability in the 
 economical and efficient distribution of grain and grain products, 
 hay and products thereof, livestock and all meat products, dairy 
 products, poultry and poultry products and agricultural implements 
 produced, manufactured, processed in or transported into the State 
 of Oregon. * * * 
 
 6. He shall foster and encourage the inspection, grading, standard- 
 izing, labeling and branding of all such products and shall exercise, 
 under the direction of the governor, all the rights, powers and 
 duties vested by law in the public service commission under chapter 
 333 of General Laws of Oregon of 1917 and amendments thereto, 
 being sections 6112 to 6159, Oregon Laws. 
 
 7. He shall promote the standardization of packages and contain- 
 ers for such products. All duties required by law to be discharged 
 by the State treasurer in his capacity as the State sealer of weights 
 and measures, the deputy State sealer of weights and measures and 
 their representatives and employees, shall, upon the expiration of the 
 term of office of the present State treasurer, be discharged by the 
 State market agent, and all laws and regulations now or hereafter 
 
OBEGON 651 
 
 enacted relative to weights and measures and to other standards of 
 quantity shall apply to said State market agent in the same manner 
 and to the same effect as they formerly applied to said State sealer 
 of weights and measures, deputy State sealer of weights and meas- 
 ures, their representatives and employees. 
 
 Sec. 10. Funds for State agent. — The State market agent shall be 
 financed by the funds now at the disposal of the public service com- 
 missioners under chapter 333 of the General Laws of Oregon of 1917, 
 sections 6112 to 6159 of Oregon Laws ; and the funds made available 
 for the work of the State sealer of weights and measures, the deputy 
 State sealer of weights and measures, and their officers and em- 
 ployees ; and such additional funds as may be available under this act 
 or any amendments thereto : Provided, That the property and funds 
 pertaining to the work of the State sealer of weights and measures 
 shall be retained by the present office during the incumbency of the 
 present State treasurer. 
 
 Oregon Laws, 1920, Vol. 1, Title 19, ch. 8, p. 1242. 
 
 Sec. 2180-6 (1919). Bread, size of loaves specified; variations per- 
 mitted. — That no person, firm or corporation shall hereafter manu- 
 facture, sell, offer or expose for sale bread, except in the following 
 weights, which shall be net weights twelve hours after baking. One 
 pound, one and one-half pounds, two pounds, three pounds, four 
 pounds and five pounds, or other pound weights. Variations at the 
 rate of one ounce per pound over, and one ounce per pound under 
 above specified unit weights are permitted in individual loaves, but 
 the average weight of not less than twenty-five loaves of any one unit 
 of any one kind shall not be less than the weight prescribed by these 
 regulations for such unit. 
 
 Sec. 2180-8. Jurisdiction; prosecutions; enforcement. — Justice courts, 
 district courts and municipal courts sitting as justice courts, shall 
 have concurrent jurisdiction with the circuit courts of all prosecu- 
 tions arising under sections 2180-6 and 2180-7. The district or 
 county attorney is authorized to institute prosecutions for violation 
 of this act by information, or the same may be instituted by indict- 
 ment or by complaint verified before any magistrate. It shall be 
 the duty of the dairy and food commissioner to enforce all the pro- 
 visions of this act. 
 
 Sec. 2180-9. Penalty. — Any person who shall violate any of the 
 provisions of sections 2180-6 to 2180-8 shall be deemed guilty of a 
 misdemeanor and upon conviction shall be punished by a fine of not 
 less than ten dollars nor more than one thousand dollars or by im- 
 prisonment in the county jail not exceeding one year, or by both such 
 fine and imprisonment: Provided, however, That upon a second 
 conviction for the violation of any of the provisions of this act such 
 person shall be punished by a fine of not less than fifty dollars nor 
 more than one thousand dollars or by imprisonment in the county 
 jail for not less than ten days nor more than one year, or by both 
 such fine and imprisonment. 
 
 Laws, 1923, ch. 268, p. 388. 
 
 Sec. 1. " Bedding " defined.— The term " bedding " is defined to in- 
 clude any mattress, upholstered surface or spring, comforts, pad, 
 
652 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 cushion, bag, pillow or any other such soft article which supports 
 the body in sleeping or resting. 
 
 Sec. 2. " Person " denned. — The word " person " implies individuals, 
 partnerships, companies, corporations, societies, associations or 
 others of any gender, as the case may be. 
 
 Sec. 3. Bedding to be marked with weight, measure and quality. — No 
 person shall at wholesale or retail, directly or indirectly, make or re- 
 pair, sell, offer for sale, deliver, rent, consign, lease or otherwise 
 commercially dispose of or have in his possession with intent to 
 dispose of any article of bedding not plainly and indelibly labeled 
 with a cloth or cloth-lined tag, not smaller than three inches square, 
 securely sewed at least on one edge into the outseams of the article, 
 truthfully setting forth in the English language its contents, weight, 
 measurements, amounts by weight of each kind of material, whether 
 new, shoddy or waste or second-hand, in whole or in part, used in its 
 manufacture, with the name and address of the manufacturer or 
 vendor thereof, or both. All invoices or other instruments of de- 
 livery shall set forth the true description of the merchandise that 
 passes, as enumerated on the labels. Example: "—6-35 lb. Prime 
 Java-Kapok 4/4 Mattresses, @ 15.00—90.00." 
 
 Sec. 8. Form of label. — The general form of label covered by this 
 act to be as follows : 
 
 This article is made in compliance with the act of the State of 
 Oregon, approved day of , 19 — . 
 
 Materials Used in Manufacture 
 
 Manufactured of . 
 
 All new material. 
 
 Second-hand material, waste material, shoddy. 
 
 Remade of owner's material with lbs. new or second-hand. 
 
 Covering — New or second-hand. 
 
 Grade oz. Sheeting , drill , sateen, etc. 
 
 15 lbs. Prime Java-Kapok l Gross t 42 i DS 
 25 lbs. Cotton Linters felted / uross wt ' ** 1Ds ' 
 40 lbs. Staple cotton felted. 
 40 lbs. White hair, etc. 
 
 (Name of maker or vendor) 
 
 Sec. 9. Label, removal of. — No person other than a purchaser for 
 his own use shall remove or cause to be removed, defaced, concealed, 
 changed or altered any label or tag or its markings or statements on 
 any article of bedding. 
 
 Sec. 10. Label not to be misleading. — No person shall use any terms 
 or other description on any label or tag upon any article of bedding 
 which is likely to mislead or cause inference by the purchaser of 
 any but the truthful contents of same, or use other than the standard 
 definition, practice or terms of classification, where a standard classi- 
 fication exists concerning any commoditiy. 
 
 Sec. 11. State sealer to enforce law. — It shall be the duty of the 
 State sealer of weights and measures to supervise and inspect, 
 according to the terms of this act, and to enforce the provisions 
 thereof. 
 
OREGON 653 
 
 Sec. 12. Supervision and inspection of materials. — Any person en- 
 gaged in the manufacture of any article of bedding or handling in 
 any way any of the articles as set forth in section 3, or any of the 
 materials that enter into any article of bedding, shall be subject to 
 supervision and inspection by any deputy duly appointed for the 
 enforcement of this act and shall furnish any information that said 
 deputy may deem necessary in the performance of his duty in the 
 enforcement of the act, and he shall admit said deputy to his 
 premises or any part thereof. 
 
 Sec. 13. Penalty. — Any person violating any of the provisions of 
 this act shall be guilty of a misdemeanor and, upon conviction 
 thereof, shall be punished for each offense by a fine of not less than 
 twenty-five dollars nor more than one thousand dollars, or by im- 
 prisonment in the county jail not to exceed six months, or both such 
 fine and imprisonment. The unit for each separate offense shall be 
 each and every article of bedding as set forth in section 1. 
 
 Sec. 14. Permit for making and repairing any article of bedding. — All 
 persons engaged in the making and repairing of any article of 
 bedding must apply to the State sealer of weights and measures for 
 a permit to be issued upon the payment of a twenty-five dollar yearly 
 fee and agree to conduct said business in a sanitary manner and in 
 compliance with this act, said permit to be revocable at any time 
 after thirty days' notice, should evidence of violation or insanitarv 
 conditions be apparent to the inspector. The fees so collected shall 
 be paid over promptly to the State treasurer and placed by him in 
 the general fund, and the expenses of the State sealer of weights 
 and measures incurred in carrying out the provisions of this act 
 shall be audited and paid in the same manner as other expenses of 
 said office are audited and paid, but such expenditures shall never 
 be in excess of the fees so collected and paid into said fund. 
 
 Sec. 15. Sampling and examining bedding and materials of composi- 
 tion. — The State sealer of weights and measures or his deputy shall 
 sample or open in any way for inspection at any time or place any 
 article of bedding or material he has reason to believe is in violation 
 of this act and, upon examination, should he still be in doubt as to 
 the true nature of the material or article, he shall consult invoices 
 or other instruments or records he may see fit, held by any person, 
 containing any information pertaining to the article or material in 
 question. 
 
 Sec. 16. Articles of bedding may be condemned and destroyed, when. — 
 The State sealer of weights and measures, with the concurrence of 
 the State or local health officer, is hereby authorized and empowered 
 to condemn and destroy any article of bedding described in section 
 3 of this act, which is not labeled as therein provided, or which in 
 their judgment is insanitary. 
 
 Sec. 17. District attorney to institute proceedings, when. — Any per- 
 son or individual who has reason to believe that this act is being 
 violated shall report the facts to the district attorney, whose duty 
 it shall be to institute immediate proceedings for the enforcement 
 of this act. 
 
 Sec. 18. Definitions of materials. — For the purpose of this act, 
 " shoddy," " waste " and " second hand " are hereby defined as fol- 
 lows : " Shoddy " shall embrace all materials resulting from the 
 
654 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 disintegration of any old fabric. " Waste " shall embrace all dis- 
 carded materials from mills, garbage, sweepings, waste receptacles, 
 or other possibly contaminated materials. Wastes which are by- 
 products of machines at mills using new raw materials are excepted 
 when free from contamination. " Second hand " shall embrace all 
 material which has been previously used in bedding or otherwise, 
 or material which possibly has been contaminated. 
 
 Sec. 19. Repeal. — Sections 8279 and 8282, Oregon Laws, both inclu- 
 sive, and all acts or parts of acts inconsistent herewith, are hereby 
 repealed. 
 
 Oregon Laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239. 
 
 Sec. 8724 (1915). Butter, short weight prohibited; net weight to be 
 marked. — It shall be unlawful for any person to sell, offer or expose 
 for sale any short-weight butter within the State of Oregon. All 
 butter sold, or exposed or offered for sale in rolls, prints or squares 
 within the State of Oregon shall be plainly marked with the net 
 weight thereof, and every roll, print or square sold, or offered or 
 exposed for sale shall contain the weight marked thereon. 
 
 Oregon Laws, 1925, ch. 246, p. 442. 
 
 Sec. 4. Sale of eggs; standards prescribed. — It shall be unlawful for 
 any person, firm or corporation to sell or offer or expose for sale any 
 eggs intended for human consumption without notifying by suitable 
 sign or label the person or persons purchasing or intending to pur- 
 chase the same of the exact grade or quality and the size or weight 
 of such eggs, according to the grades prescribed herewith : 
 
 (a) A fresh egg is an egg of recent production, clean, full, with 
 '" fixed air space " of not more than three-eighths of an inch in depth, 
 sweet, strong of body and unimpaired in quality. The albumen must 
 not appear watery. A larger air space with a movable lower line 
 indicates a stale egg, or one that is becoming weak and watery. 
 
 (b) A fresh standard egg is a fresh egg, as defined in paragraph 
 (a), weighing not less than one and five-sixths ounces. 
 
 (c) A fresh medium egg is a fresh egg weighing not less than one 
 and seven-twelfths ounces. 
 
 (d) A fresh undersized egg is any fresh egg weighing less than 
 one and seven-twelfths ounces. 
 
 (e) All standard eggs, medium eggs and undersized eggs shall be 
 packed separately and the grade plainly marked on the end of the 
 case, showing the particular grade of eggs in the case. 
 
 (/) Undergrade eggs are good, edible eggs, but with an air space 
 more than three-eighths of an inch in depth and not good enough to 
 grade as standard in the different classifications herewith defined. 
 
 Sec. 5. Marking container. — When eggs are removed from the origi- 
 nal container for resale, the true grade of said eggs must be stamped 
 upon the subsequent container in letters not less than one-third 
 inch in height. If placed on display for sale, a sign must be 
 placed immediately over said eggs in letters not less than one inch in 
 height, giving the true grade of said eggs. When eggs are sold in 
 lots of half cases or more, the container must be marked, showing 
 plainly and truly the grade or grades of eggs therein contained and 
 an invoice must accompany said sale plainly and truly indicating 
 the grade or grades of eggs sold : Provided, That the provisions of 
 
OREGON 655 
 
 this act shall not apply to any eggs being handled for, or in transit 
 to, or sold to dealers in commercial centers to be candled and graded, 
 but all such eggs offered for sale in half cases or more shall be 
 plainly stamped or branded " Not candled " upon the outside of the 
 container in letters one inch in height. The word person, as used in 
 this act, shall mean and include individuals, firms and members of 
 firms, and their employes or agents, corporations and officers of 
 corporations and their employes and agents. 
 
 Sec. 6. Enforcement. — It shall be the duty of the dairy and food 
 commissioner to enforce the provisions of this act and to make such 
 rules and regulations as may be necessary for the enforcement of the 
 act. 
 
 Sec. 7. Penalty. — Every person who violates any of the provisions 
 of this act shall be guilty of a misdemeanor, and, upon conviction for 
 the first offense, shall be punished by a fine of not less than ten 
 dollars and not more than one hundred dollars and for each subse- 
 quent conviction thereof shall be punished by a fine of not less than 
 twenty-five dollars and not more than two hundred dollars. 
 
 Oregon Laws, 1920, Vol. 1, Title 19, ch. 9, p. 1297. 
 
 Sec. 2234 (al917). Specific gravity of gasoline; labeling of cask. — It 
 shall be unlawful for any manufacturer, dealer or vendor to 
 sell or offer for sale any petroleum product known as gasoline that 
 has a specific gravity of less than fifty-six degrees as measured by 
 the Baume hydrometer at a temperature of sixty degrees Fahren- 
 heit; and each manufacturer, dealer or vendor of gasoline shall 
 brand or label every cask, barrel or car containing such products 
 with figures denoting the specific gravity and the word " Gasoline " 
 in large plain letters at least one and one-half inches in size. 
 
 Sec. 2235. Penalty for violating preceding section. — Any person, cor 
 poration or company who shall offer for sale any gasoline con- 
 trary to the provisions of this act or shall be in possession or control 
 of any gasoline held for sale, not labeled as provided by section 1 
 [section 2234] of this act, shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof shall be punished by a fine of not less 
 than one hundred dollars nor more than five hundred dollars, or 
 be sentenced to the county jail for a period not exceeding six 
 months; and in addition to said fine or punishment said gasoline 
 shall be condemned and destroyed by order of the court having 
 jurisdiction of the offense. 
 
 Sec. 2236. Justices' courts have jurisdiction of offenses. — Justice and 
 district courts shall have jurisdiction of all offenses arising under 
 this act. 
 
 Sec. 2236-1 (1917). Enforcement of act. — It shall be the duty of the 
 State sealer of weights and measures to enforce the provisions of 
 this act. 
 
 Laws, 1921, ch. 371, p. 707. 
 
 Sec. 38. Models and weights. — Every manufacturer of a motor ve- 
 hicle, trailer, semitrailer or motor bus, sold or offered for sale within 
 this State, either by the manufacturer, distributor, dealer or any 
 other person shall, on or before the first day of August, one thou- 
 sand nine hundred twenty-one, and annually thereafter, and at such 
 
 517—27 42 
 
656 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 other times as may be required by the secretary of state, file in the 
 office of the secretary of state of this State a sworn statement show- 
 ing the various models manufactured by him and the weight of 
 each model as of August first of that year, and shall furnish such 
 other information as the secretary of state may require for the 
 efficient administration of this act : Provided, The secretary of state 
 may accept the weight of any motor vehicle, motor truck, trailer, 
 semitrailer or bus trailer as taken on a scale, which scale has been 
 inspected and sealed by the State sealer of weights and measures 
 or his duly appointed deputies. 
 
 Oregon Laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239. 
 
 Sec. 8744 (1915). Concentrated commercial feedstuffs; net weight to 
 be marked. — Every lot or parcel of concentrated commercial feed- 
 stuffs, as defined in section 8746 [8745], used for feeding farm live- 
 stock, sold or offered or exposed for sale within this State, shall 
 have affixed thereto, in a conspicuous place on the outside thereof, a 
 plainly printed statement, clearly and truly certifying the name, 
 brand or trade-mark, under which the article is sold for feeding pur- 
 poses, the name and address of the manufacturer, importer, or dealer, 
 the net weight of the package, * * * 
 
 Sec. 8748. Net weight to be marked on package. — Every lot, parcel 
 or package of medicinal stock food, as defined in section 8748 [8747], 
 sold, offered or exposed for sale or distribution within this State, 
 shall have affixed thereto, a label in a conspicuous place on the out- 
 side 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 per- 
 son responsible for placing the commodity on the market. * * * 
 
 Oregon laws, 1920, Vol. 2, Title 47, ch. 22, p. 3330. 
 
 Sec. 9019 (1907). Fertilizers; weight to be marked on package. — (a) 
 Every lot, parcel, or package of commercial fertilizers or materials 
 to be used for manurial purposes (excepting the excreta of domestic 
 animals) sold, offered or exposed for sale within this State, the sell- 
 ing price of which exceeds five dollars per ton, shall be accompanied 
 by a plainty printed label, stating the name, brand and trade-mark, 
 if any there be. under which the fertilizer is sold, also the number of 
 net pounds of fertilizer contained in the packages, the name and ad- 
 dress of the manufacturer, importer or dealer, * * * 
 
 Oregon Laws, 1920, Vol. 1, Title 19, ch. 3, p. 1184. 
 
 Sec. 2020 (1915). Misbranding or misrepresenting any metallic com- 
 modity; penalty. — Any person, firm or corporation, foreign or domes- 
 tic, his or its agent, servant or employe doing business in the State 
 of Oregon, who, intentionally or for the purpose of deceiving any 
 customer or purchaser, misbrands or misrepresents the kind, gauge, 
 analysis, weight, quality or quantity of any metallic commodity 
 offered for sale, or if it be an imitation of or offered for sale under 
 the distinctive name of another article, shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be punished by a 
 
OREGON 657 
 
 fine of not less than one hundred dollars nor more than five hundred 
 dollars for each violation. 
 
 Oregon Laws, 1920, Vol. 2, Title 46, ch. 2, p. 3264. 
 
 Sec. 8759 (al919). Milk or cream, fraud as to weight or test; manner 
 of making test. — It shall be unlawful for any hauler of milk, or 
 cream, or any person, firm or corporation receiving or purchasing 
 milk or cream by weight or test or both, or by measure or test or 
 both, to fraudulently manipulate the weight, measure or test of milk 
 or cream of any person or to take unfair samples thereof, or to 
 fraudulently manipulate such samples. The hauler or other agent 
 shall weight or measure the milk or cream of each patron accurately 
 and correctly and shall report such weights or measurements ac- 
 curately and correctly to the creamery or factory and the seller 
 of said product. He shall thoroughly mix the milk or cream of 
 each patron by pouring or stirring until such milk or cream is uni- 
 form and homogeneous in richness, before the samples are taken from 
 such milk or cream. When the weighing or sampling is done at 
 the creamery, shipping station or factory, the same rule shall apply. 
 
 * * *M 
 
 Sec. 8760 (1915). Babcock test bottles, use of. — Every person, firm 
 or corporation receiving or purchasing milk or cream on the basis of 
 the amount of butterfat contained therein as determined by the Bab- 
 cock test, shall use the standard Babcock test bottles, pipettes and 
 accurate weights and scales as defined in section 8769, 8770, and all 
 Babcock test bottles and pipettes shall have been inspected for ac- 
 curacy by the Oregon Agricultural College or its agent and shall 
 be legibly and idelibly marked by the Oregon Agricultural Col- 
 lege or its agent with the letters " S. G. O." (Standard Glassware 
 Oregon). It shall be unlawful for any firm or corporation or any of 
 their agents to use any other than standard test bottles and pipettes 
 which have been examined and marked as provided by this section, 
 to determine the amount of fat in milk or cream received or pur- 
 chased on the butterfat basis. 
 
 Sec. 8761. Fraudulent use of Babcock tests. — It shall be unlawful 
 for any person, firm or corporation, by himself or as the agent, 
 servant, employe or officer of any person, firm or corporation re- 
 ceiving or purchasing milk or cream on the basis of the amount of 
 butterfat contained therein, to underread, overread or otherwise 
 fraudulently manipulate the Babcock test used for determining the 
 per cent oi butterfat in milk or cream, or to falsify the records 
 thereof or to read the test at any other temperature than the cor- 
 rect one which is one hundred and thirty degrees to one hundred 
 and forty degrees Fahrenheit, or to pay on the basis of any meas- 
 urement or weight except the true measurement or weight which is 
 seventeen and six-tenths cubic centimeters for milk and nine grams 
 or eighteen grams for cream : Provided, That in all tests for cream 
 the cream shall be weighed into the test bottle. 
 
 Sec. 8762 (al917). Tester to be licensed; license, issuance of; term of 
 license. — All testing of milk or cream purchased on the basis of the 
 amount of butterfat contained therein, shall be done by a licensed 
 tester who shall supervise and be responsible for the operation of the 
 Babcock test of milk or cream. The license shall be issued to such 
 
658 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 person by the dairy and food commissioner upon the presentation by 
 the applicant of a certificate of proficiency properly filled out and 
 signed by the chief of the dairy department of the Oregon Agricul- 
 tural College and upon the payment of a license fee as provided for 
 in section 8765. The license shall be valid during the life of the 
 licensee unless sooner revoked, and shall be revoked by the dairy and 
 food commissioner if, after due notice, the licensee has failed to com- 
 ply with the laws, rules and regulations under which the license was 
 granted : Provided, That the provisions of this section shall not 
 apply to individuals, hotels, restaurants or boarding houses buying 
 milk or cream for private use. 
 
 Sec. 8768 (1915). Penalty. — Any employe of a firm, company, asso- 
 ciation, corporation or persons receiving or purchasing milk or cream 
 on the basis of the amount of butterfat contained therein, violating 
 any of the provisions of this act, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined in the sum of 
 not more than two hundred fifty dollars or be imprisoned in the 
 county jail for not more than twelve months, or both. Any person, 
 firm or corporation purchasing milk or cream on the basis of the 
 amount of butterfat contained therein, violating any of the pro- 
 visions of this act, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be punished by a fine of not more than 
 one thousand dollars, or imprisoned in the county jail for a period 
 of not more than one year, or both such fine and imprisonment. 
 
 Sec. 8769. Standard Babcock testing glassware, specifications for; 
 neck; bulb; graduation; neck; bulb; fifty per cent, 9-gram, long-neck 
 bottle ; the fifty per cent, 18-gram, long-neck bottle. — The term " stand- 
 ard Babcock testing glassware " shall apply to glassware and weights 
 complying to the following specifications: (a) Graduation for milk 
 test bottles. The total per cent graduation shall be 8. The gradu- 
 ated portion of the neck shall have a length of not less than 63.5 
 millimeters (2y 2 inches), the graduations shall represent whole per 
 cent, five-tenths per cent, and tenths per cent. The tenths per cent 
 graduation shall not be less than three millimeters in length,; the five- 
 tenths per cent graduations shall be one millimeter longer than the 
 tenths per cent graduations, projecting one millimeter to the left; the 
 whole per cent graduations shall extend at least one-half way around 
 the neck to the right and projecting two millimeters to the left of the 
 tenths per cent graduations. Each per cent graduation shall be num- 
 bered, the number being placed on the left of the scale. The error at 
 any point of the scale shall not exceed one-tenth per cent. 
 
 The neck shall be cylindrical and the cylindrical shape shall ex- 
 tend for at least 9 millimeters below the lowest and above the highest 
 graduation mark. The top of the neck shall be flared to a diameter 
 of not less than 10 millimeters. 
 
 The capacity of the bulb up to the junction of the neck shall not be 
 less than 45 c. c. (cubic centimeters). The shape of the bulb may be 
 either cylindrical or conical with the smallest diameter at the bottom. 
 If cylindrical, the outside diameter shall be between 34 and 36 milli- 
 meters ; if conical, the outside diameter of the base shall be between 31 
 and 33 millimeters, and the maximum diameter between 35 and 37 
 millimeters. The charge of the bottle shall be 18 grams. The total 
 height of the bottle shall be between 150 and 165 millimeters (5% 
 and 6Vsj inches). 
 
OREGON 659 
 
 (b) Three types of bottles shall be accepted as standard cream 
 test bottles, a 50 per cent nine gram, short-neck bottle, a 50 per cent 
 nine gram long-neck bottle, and a 50 per cent 18 gram long-neck 
 bottle. 
 
 Fifty per cent, nine gram, short-neck bottle: The total per cent 
 graduation shall be 50. The graduated portion of the neck shall 
 have a length of not less than 63.5 millimeters (2y 2 inches). The 
 graduations shall represent 5 per cent, 1 per cent and T % per cent. 
 The 5 per cent graduations shall extend at least half way around the 
 neck, to the right. 
 
 The -f-Q per cent graduations shall be at least 3 millimeters in 
 length, and the 1 per cent graduations shall have a length inter- 
 mediate between the 5 per cent and the fV per cent graduations. 
 Each 5 per cent graduation shall be numbered, the number being 
 placed on the left of the scale. The error at any point of the scale 
 shall not exceed x % per cent. 
 
 The neck shall be cylindrical and the cylindrical shape shall extend 
 at least 9 millimeters below the lowest and 9 millimeters above the 
 highest graduation mark. The top of the neck shall be flared to a 
 diameter of not less than 10 millimeters. 
 
 The capacity of the bulb up to the junction of the neck shall not 
 be less than 45 c. c. The shape of the bulb may be either cylindrical 
 or conical with the smallest diameter at the bottom. If cylindrical, 
 the outside diameter shall be between 34 and 36 millimeters; if 
 conical, the outside diameter of the base shall be between 31 and 33 
 millimeters and the maximum diameter between 35 and 37 
 millimeters. 
 
 The charge of the bottle shall be 9 grams. 
 
 All bottles shall bear on the top of the neck above the graduations 
 in plainly legible characters, a mark defining the weight of the 
 charge to be used (9 grams). 
 
 The total height of the bottle shall be between 150 and 165 milli- 
 meters (5% and 6^ inches), same as standard milk test bottles. 
 
 The same specifications in every detail as specified for the 50 per 
 cent 9-gram, short-neck bottle shall apply for the long-neck bottle, 
 with the exception, however, that the total height of this bottle shall 
 be between 210 and 234 millimeters (814 and 8% inches) and that 
 the total length of the graduation shall be not less than 120 
 millimeters. 
 
 The same specifications in every detail as specified for the 50 per 
 cent 9-gram, long-neck bottle, shall apply, with the exception that 
 the charge of the bottle shall be 18 grams, and the mark defining 
 the weight of the charge placed at the top of neck shall be 18. 
 
 The total length of the standard Babcock pipette shall be not more 
 than 330 millimeters (13^4 inches). Outside diameter of suction tube 
 6 to 8 millimeters. Length of suction tube 130 millimeters. Out- 
 side diameter of delivery tube 4.5 to 5.5 millimeters. The length of 
 delivery tube 100 to 120 millimeters. Distance of graduation mark 
 above bulb 30 to 60 millimeters. Nozzle straight. Delivery 17.6 
 c. c. of water at 20 degrees centigrade in 5 to 8 seconds. 
 
 Sec. 8770. Sensibility of scales used. — The sensibility of all scales 
 used for weighing cream samples into the test bottles shall be not 
 more than 30 milligrams and the standard weights shall be 9 grams 
 and 18 grams. 
 
660 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 8771. Babcock tester; speed of operation prescribed. — In all 
 testing of milk or cream where the same is received or purchased 
 upon the basis of the amount of butter fat contained therein ? the 
 Babcock tester shall be operated at the proper speed which is as 
 follows : 
 
 For tester with diameter of 14 inches the speed shall be between 
 875 and 925 revolutions per minute. 
 
 For tester with diameter of 16 inches, the speed shall be between 
 825 and 875 revolutions per minute. 
 
 For tester with diameter of 18 inches, the speed shall be between 
 775 and 825 revolutions per minute. 
 
 For tester with diameter of 20 inches, the speed shall be between 
 725 and 775 revolutions per minute. 
 
 For a tester with a diameter of 24 inches, the speed shall be be- 
 tween 575 and 625 revolutions per minute. 
 
 Oregon Laws, 1920, Vol. 2, Title 34, ch. 15, p. 2396. 
 
 Sec. 5956 (al913). Inspection and sealing of railroad track scales. — All 
 track scales used by railroads within this State for the purpose of 
 weighing cars or freight offered for shipment in carload lots shall be 
 under the jurisdiction of the railroad commission of Oregon, and 
 subject to its inspection. It shall be the duty of said commission 
 from time to time to test and inspect all such scales, and to cause 
 such scales to be put in an accurate condition. Said commission 
 shall approve a suitable sealing device, and cause all track scales in- 
 spected under the provisions hereof to be officially sealed with such 
 device, when such scales are found or made to be accurate. The said 
 commission shall ascertain and declare the reasonable cost of making 
 each inspection, and certify the same to the secretary of state and 
 the railroad operating the scale inspected, whereupon it shall be the 
 duty of the corporation or person operating such track scale to pay 
 the cost of said inspection as so declared into the State treasury, 
 which sums shall be. by the State treasurer, placed to the credit of a 
 fund to be designated and known as the " Track scale inspection 
 fund,'" to be used by the railroad commission of Oregon in carrying 
 out the provisions of this act, and disbursed as other public moneys 
 are disbursed as provided by law. 
 
 Sec. 5957 (1911). Sealing device, breaking or tampering with. — Any 
 person who shall break or tamper with or cause to be changed, broken 
 or tampered with, the sealing device or sealing thereof after the same 
 has been installed or inspected by any commissioner or inspector of 
 the railroad commission of Oregon shall be deemed guilty of a 
 misdemeanor. 
 
 Sec. 5958. Apparatus for making tests, procuring of. — The railroad 
 commission of Oregon is hereby authorized and directed to procure 
 by purchase, lease or otherwise, necessaiy apparatus to make the 
 tests and inspections herein provided, and to employ the necessary 
 experts and inspectors therefor and to fix their compensation. All 
 such apparatus shall be transported free by every railroad in this 
 State, when necessary for the purpose of making the tests and inspec- 
 tions herein provided. 
 
 
OREGON ' ? * ., , "* 661 
 
 Oregon Laws, 1920, Vol. 2, Title 34, ch. 27, p. 2418. 
 
 Sec. 6051 (1911). Standards for measurement; accurate appliances for 
 public utilities. — The commission [railroad commission] shall ascer- 
 tain and fix adequate and serviceable standards for the measurement 
 of quality, pressure, initial voltage or other conditions pertaining to 
 the supply of the product or service rendered by any public utility 
 and prescribe reasonable regulations for examination and testing 
 of such product or service and for the measurement thereof. It 
 shall establish reasonable rules, regulations, specifications and stand- 
 ards to secure the accuracy of all meters and appliances for measure- 
 ments, and every public utility is required to carry into effect all 
 orders issued by the commission relative thereto. 
 
 Sec. 6052. Testing of measuring appliances; fees. — The commission 
 shall provide for the examination and testing of any and all ap- 
 pliances used for the measuring of any product or service of a public 
 utility, and may provide by rule that no such appliance shall be in- 
 stalled and used for the measuring of any product or service of any 
 public utility until the same has been examined and tested by the 
 commission and found to be accurate. The commission shall declare 
 and establish a reasonable fee governing the cost of such examina- 
 tion and test, Avhich shall be paid to the commission by the public 
 utility. 
 
 The commission shall declare and establish reasonable fees for the 
 testing of such appliances on the application of the consumer or 
 user, the fee to be paid by the consumer or user at the time of his 
 request, but to be repaid to the consumer or user by the commission 
 and to be paid by the public utility if the appliance be found defec- 
 tive or incorrect to the disadvantage of the consumer or user beyond 
 such reasonable limit as may be prescribed by the commission. All 
 fees collected under the provisions of this section shall be paid by 
 the commission into State treasury. 
 
 The commission may purchase such materials, apparatus and 
 standard measuring instruments for such examination and tests as it 
 may deem necessary. 
 
 Sec. 6053. Entry upon premises for inspection or test. — The commis 
 sion, its agents, experts, examiners or inspectors shall have power to 
 enter upon any premises occupied by any public utility for the pur- 
 pose of making any inspection, examination or test provided in this 
 act and to set up and use on such premises any apparatus and ap- 
 pliance and occupy reasonable space therefor. 
 
 Oregon Laws, Vol. 2, Title 34, ch. 30, p. 2439. 
 
 Sec. 6112 (1917). Definition of public warehouse; two classes. — The 
 term " public warehouse " when used in this act, includes any ele- 
 vator, mill, warehouse or structure in which grain or hay is received 
 from the public for storage, shipment or handling, whenever such 
 grain or hay is carried or intended to be carried to or from such 
 warehouse, elevator, mill or structure by a common carrier. 
 
 The term public "terminal warehouse" wherever used in this act 
 shall be held and construed to mean any elevator, mill or ware- 
 house located in such cities in the State as may hereafter be desig- 
 
662 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 nated as inspection points by the public service commission of 
 Oregon, in which grain is received from the public for storage and 
 the grain of different owners mixed together or stored in special 
 piles or bins and for which receipts are issued covering the grain 
 received. Public terminal grain warehouses shall be of two classes, to 
 wit, " class A" grain warehouses and " class B " grain warehouses. 
 Class A grain warehouses shall include all warehouses the proprietors 
 of which shall elect to take licenses under the provisions of this act 
 relative to grain warehouses issuing registered grain warehouse 
 receipts. All other public terminal warehouses shall be known as 
 class B grain warehouses. The term warehouseman when used in 
 this act includes any firm, person, company, corporation or associa- 
 tion of persons owning, operating or controlling any public ware- 
 house. The term " commission " when used in this act means the 
 public service commission of Oregon. 
 
 Sec. 6113. Weighing, inspecting and grading of commodities, may be 
 authorized when. — * * * The commission may by resolution 
 authorize the weighing, inspection and grading, upon request of any 
 interested party of commodities of commerce other than grain or 
 hay, such as grain or hay products, rice, beans, and other similar 
 articles, nitrates and other fertilizers, sulphur, and other chemicals 
 used in the arts, or in manufacturing, when same are received from 
 or delivered to any rail or water carrier in the State in commercial 
 transportation, and may authorize the certification of the weights 
 and grades thereof. Fees for such service, sufficient to cover the 
 cost thereof shall be fixed by the commission. Such commission 
 shall investigate all complaints of fraud or injustice in the grain 
 and hay trade, fix the charges of public and terminal warehouses, 
 and make all necessary rules and regulations for carrying out and 
 enforcing the provisions of this act, and of all laws of the State 
 relating to this subject. 
 
 Sec. 6114. Chief inspector, appointment of. — The commission shall 
 appoint a chief inspector, who shall be thoroughly familiar with 
 the grains, grain products and forage crops of Oregon, Washington, 
 Idaho and Montana and shall have had at least five years' experi- 
 ence in handling such products. * * * 
 
 Sec. 6115 (al919). Deputies, inspectors, samplers, and weighers, ap- 
 pointment. — The chief inspector, with the approval of the commission, 
 shall appoint such number of deputies, inspectors, samplers and 
 weighers as may be necessary to properly and thoroughly inspect 
 and weigh grain, hay, grain and hay products, potatoes, onions and 
 other commodities designated herein or such as may hereafter be 
 designated by resolution of the commission, received or shipped, 
 and to carry out the provisions of this act. One of such inspectors 
 in each of the cities as may be designated by the commission as 
 inspection points, shall be styled chief deputy inspector. Such chief 
 deputy inspectors shall be persons qualified by training and experi- 
 ence for the inspection of the particular commodities which they 
 are required to inspect. * * * 
 
 Sec. 6117 (1917). Interest in grain, grain products, etc., prohibited. — 
 No chief inspector, deputy inspector, sampler or weigher, shall 
 during his term of office, be interested directly or indirectly in the 
 handling, storing, shipping, purchasing or selling of grain, grain 
 products, hay or other commodities weighed or sampled. 
 
OBEGON 663 
 
 Sec. 6118. Neglect of duty; penalty. — Any inspector, sampler or 
 weigher who shall be guilty oi : any neglect of duty, or who shall 
 knowingly or carelessly inspect, sample or weigh any grain, grain 
 products, hay, or other commodities improperly, or who shall directly 
 or indirectly accept any money or other consideration for any neglect 
 of duty or any improper performance of duty as such inspector, 
 sampler or weigher or any person, persons, corporation or agent 
 who shall improperly influence or attempt to improperly influence 
 any inspector, sampler or weigher in the performance of his duties 
 of such inspector, sampler or weigher shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be fined not less 
 than two hundred dollars nor more than one thousand dollars, 
 or imprisonment in the county jail not less than six months, nor more 
 than one year, or by both such fine and imprisonment, in the discre- 
 tion of the court. 
 
 Sec. 6119. Inspection points, how designated. — Such cities and towns 
 where grain, grain products, hay, or other commodities are received 
 in carload lots or by watercraft, may be designated by the commis- 
 sion as inspection points and be provided with State inspection and 
 weighing: Provided, That the expenditure for the inspection and 
 weighing at the points designated by the commission shall not 
 exceed the receipts of fees at such place or places. 
 
 Sec. 6120. Chief inspector, deputies, etc., removal of; salaries. — The 
 chief inspector, his deputies, samplers and weighers, shall be em- 
 ployes of the commission and may be removed for cause at any time 
 by the commission. They shall be paid in the same manner as other 
 employes of said commission. 
 
 Sec. 6124 (al919). Fees. — The commission shall fix the fees for 
 inspection, grading and weighing of grain, hay, grain and hay 
 products, potatoes and onions, and other commodities included in 
 the provisions of this act, which fees shall be sufficient to cover the 
 cost of such service. The fees for the inspection and weighing of 
 grain and hay shall' be a lien upon such grain and hay, and to be 
 paid by the carrier transporting the same and treated by it as ad- 
 vanced charges. The commission shall so adjust the fees to be 
 collected under this act as to meet the expenses necessary to carry 
 out the provisions hereof, and may prescribe a different scale of 
 fees for different localities. The commission may also prescribe a 
 reasonable charge for services performed at places other than public 
 terminal warehouses, in addition to the regular fees, when necessary 
 to avoid rendering the service at a loss to the State. All moneys 
 collected under the provisions of this act and all fines and penalties 
 for violation thereof shall be paid into the State treasury. 
 
 Sec. 6125. Control of weighing and grading, who has; appeal; record 
 of carloads. — The chief inspector, his deputies and weighers, shall at 
 the places provided for State inspection under this act, have exclu- 
 sive control of the weighing and grading of grain and hay which 
 shall be inspected under the provisions of this act and the action and 
 certificate of such inspectors and weighers in the discharge of their 
 duties, as to all commodities weighed or inspected by them, shall be 
 conclusive upon all parties interested : Provided, however. An appeal 
 may be taken to the commission whose decision shall be final. Suit- 
 able books and records shall be kept in which shall be entered a 
 faithful and true record of every carload or cargo or part of cargo 
 
664 JLAWS CONCERNING WEIGHTS AND MEASURES 
 
 of grain, grain products, hay and other commodities inspected or 
 weighed by them, showing the number and initial or other designa- 
 tion of the car or boat containing such carload or cargo or part of 
 cargo, its weight,' the kind of grain, grain products, hay or other 
 commodity, and its grade, and if graded standard No. 1 grade 
 the reason for such grade; if of inferior grade the amount of such 
 dockage, the amount of fees and forfeitures and disposition of same, 
 and for each car, or cargo or part of cargo of grain, grain products, 
 hay or other commodity inspected they shall give a certificate of 
 inspection showing the kind and grade of the same and the reason 
 for all grades below No. 1, the amount to be allowed for dockage, 
 if any, the number of sacks, bales, or other parcels thereof, with the 
 grade or grades and weight of same, if requested to do so by con- 
 signor or consignee. They shall also furnish the agent of the rail- 
 road company or other carrier over which such commodity was 
 shipped or carried, a certificate showing the weight thereof, if re- 
 quested to do so. They shall also keep a true record of all appeals, 
 decisions and a complete record of every official act, which books and 
 records shall be open to inspection by any party in interest. 
 
 Sec. 6126 (1917). Official misconduct. — Upon written complaint filed 
 with the commission charging any inspector, sampler or weigher with 
 official misconduct, inefficiency, incompetency or neglect of duty, the 
 commission shall investigate such charge, and if it be found sus- 
 tained, shall remove such officer. 
 
 Sec. 6128 (al919). Grain and hay, inspection and weighing. — All 
 grain and hay received at public terminal warehouses shall be in- 
 spected and weighed, and all grain delivered out of any class A grain 
 warehouse shall be weighed by a State inspector and when exported 
 shall, if requested, be reinspected and graded in like manner and a 
 certificate of grade issued, a reasonable fee to be charged for such 
 reinspection, said fee to be fixed by the commission. All other grain 
 and hay received in carload lots, or when shipped by water in lots 
 containing more than thirty tons of grain, or ten tons of hay, at 
 inspection points, not unloaded at a terminal warehouse, shall be 
 weighed, inspected and graded. 
 
 Sec. 6141. Class B warehouse; requirements when grain or hay is 
 received. — It shall be unlawful for any warehouseman conducting a 
 class B grain warehouse to receive any grain into his warehouse 
 without having the same inspected and weighed in by a State grain 
 inspector, and it shall be the duty of every such warehouseman to, 
 upon request, issue or cause to be issued a receipt for each con- 
 signment of grain received, showing the weight, kind and grade of 
 such grain, the name of the owner thereof and the date when the 
 same was received, but such receipts shall not be entitled to regis- 
 tration, and grain shall be delivered from such warehouse without 
 notice from the registrar of warehouse receipts. 
 
 Sec. 6142 (1917). Fees; class A grain warehouse. — The fees for 
 weighing out grain from a class A grain warehouse and for inspect- 
 ing out grain in case the owner desires inspection out, shall be fixed 
 by the public service commission of Oregon, and the State grain in- 
 spectors may, when requested so to do by persons desiring grain in- 
 spected out, issue certificates of inspection in accordance with the 
 names of the grains used in the markets to which the grain is to be 
 shipped. 
 
OREGON 665 
 
 Sec. 6149. Cars, opening and weighing. — * * * The chief in- 
 spector, his deputies, weighers or samplers shall break the seal, 
 weigh and superintend the unloading of all cars o.f grain or hay 
 subject to inspection, and it shall be unlawful for any other person 
 or persons to break the seal or weigh such cars of grain or hay. 
 
 Sec. 6150. Railroads to provide suitable track scales; control and in- 
 spection; terminal warehouse scales. — * * * Such railroad company 
 [delivering grain or hay in cars at any of the places provided with 
 State inspection under this act] shall provide at such place or places 
 as the commission may designate suitable track scales for weighing 
 cars of grain or hay. Such scales shall be under the control of the 
 chief inspector and his deputies. It shall be the duty of the chief 
 inspector or his deputies to require the railroad company to correct 
 all scales so provided as often as may be necessary to insure the 
 correct weighing of grain or hay. Whenever scales have been in- 
 stalled by any railroad company as above provided, it shall be the 
 duty of the chief inspector or his deputies to use such scales in 
 weighing all grain or hay received over the line of such railway: 
 Provided, That if any terminal warehouse in inspection cities is 
 provided with proper scales and weighing facilities, the chief in- 
 spector or his deputies may weigh the grain upon the scales so 
 provided. 
 
 Sec. 6152. Public scales, owners or operators of may be appointed as 
 State weighmasters ; fees ; monthly report ; not to be interested in storing, 
 handling, etc.; rules and regulations. — Owners or operators of public 
 scales used for weighing grain, haj^ or other commodities, may be 
 appointed by the commission as State weighers. Every such scale 
 owner or operator who may be appointed as State weigher shall be 
 required to give a bond to the State of Oregon in a sum not less 
 than one thousand dollars and to subscribe to the regular oath of 
 office. They may be authorized by the commission to issue certifi- 
 cates of weight for such commodities as they may weigh. The fees 
 for such service shall be fixed by the commission and may be retained 
 by the scale owner or operator as compensation for the service per- 
 formed. Such owner or operator shall report to the chief inspector 
 monthly stating the quantity of all grain and other commodities 
 weighed and the amount of fees collected therefor. No owner or 
 operator of public scales appointed as State weigher shall, during 
 his term of office, be interested directly or indirectly in the handling, 
 storing, shipping, purchasing or selling of grain, g^rain products or 
 hay, or other commodities, included within the provisions of this 
 act. The commission may prescribe rules and regulations govern- 
 ing weighing of grain, grain products, hay or other commodities by 
 owners or operators of public scales appointed as State weighers. 
 
 Sec. 6153. Unloading grain or hay at unusual hours or working days, 
 provision for. — When occasions arise where it is deemed advisable to 
 load or unload cars or cargoes of grain or hay outside of the usual 
 working days or working hours, the proper chief deputy shall pro- 
 vide inspectors and weighers necessary to supervise the inspection 
 and weighing of such commodities and the commission shall, by rule, 
 fix a reasonable sum per hour to be paid therefor by the party re- 
 questing such unusual service, which fees shall be in addition to the 
 regular inspection fees provided for weighing and inspection. All 
 
666 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 moneys collected under the provisions of this section shall be paid 
 into the State treasury and an amount not exceeding such additional 
 fees may be paid to the deputy weighers and inspectors by whom 
 such additional service may be performed. 
 
 Sec. 6154 (al919). Shipper's weight and grade conclusive, when. — 
 When grain or hay is shipped to points where inspection is provided 
 and the grain or hay is unloaded without being inspected or weighed 
 by a duly authorized deputy grain inspector under the provisions of 
 this act, the shipper's weight and grade shall be conclusive and final 
 and shall be the weight and grade upon which settlement shall be 
 made with the seller. 
 
 Sec. 6155 (1917). Penalty. — Any railroad company or common 
 carrier or other corporation, and any warehouseman, which shall vio- 
 late or fail to comply with any provisions of this act, or which fails, 
 omits or neglects to obey, observe or comply with any order, rule or 
 any direction, demand or requirement of the commission made under 
 the provisions of this act, shall be subject to a penalty of not to exceed 
 the sum of one thousand dollars for each and every offense, and every 
 such violation shall be a separate and distinct offense, and in case of 
 a continuing violation, every day's continuance thereof shall be and 
 be deemed to be a separate and distinct offense. Every officer, agent 
 or employee of any railroad company or common carrier, or other 
 corporation, or any warehouseman, which shall violate or fail to 
 comply with, or who procures, aids or abets any violation by any 
 such railroad company or common carrier, or other corporation or 
 warehouseman, of any provision of this act, or who shall fail to obey, 
 observe or comply with any order of the commission; or any provi- 
 sion of any order of the commission ; or who procures, aids or abets 
 any such railroad company or common carrier, or other corporation, 
 or any warehouseman, in its failure to obey, observe and comply with 
 any such order or provision shall be punished upon conviction by a 
 fine of not more than one thousand dollars or by imprisonment in the 
 county jail not more than one year or by both fine and imprisonment. 
 Every person, either individually or acting as an official or agent 
 of any corporation other than a railroad company, common carrier 
 or warehouseman, who shall violate any provision of this act, or fail 
 to observe or comply with any order made by the commission under 
 this act, so long as the same shall be or remain in force; or shall 
 procure, aid or abet any such corporation, in its violation of this act, 
 or in its failure to obey, observe or comply with any such order, shall 
 be punished upon conviction by a fine of not more than one thousand 
 dollars or by imprisonment in the county jail not more than one year, 
 or by both fine and imprisonment. 
 
PENNSYLVANIA 
 Const., Art. III. 
 
 Sec. 27 (1879). Inspection of merchandise. — No State office shall be 
 continued or created for the inspection or measuring of any mer- 
 chandise, manufacture, or commodity; but any county or munici- 
 pality may appoint such officers, when authorized by law. 
 
 Stats., 1920, p. 2089. 
 
 Sec. 21546 (1911). Bureau of standards; department of internal af- 
 fairs; legal weights and measures. — The establishment of a bureau of 
 standards be and is hereby authorized, in the department of internal 
 affairs of Pennsylvania, for the purpose of regulating and maintain- 
 ing a uniform standard of legal weights and measures in this Com- 
 monwealth, to conform with the original standards of weights and 
 measures as adopted by Congress, and verified by the National Bureau 
 of Standards; and to assist in securing the enforcement of laws 
 relating to sealers of weights and measures, now in force or that may 
 hereafter be enacted. 
 
 Sec. 21547, as amended by P. L., 1921, Act 414, p. 1119. Chief; duties, 
 report ; testing of weights and measures ; right of entry ; stopping vehicles ; 
 condemning false weights or measures; destruction of false weights or 
 measures; expenses; salary of chief; deputies; clerical assistance. — That 
 as soon as practicable after the final passage and approval of this 
 act, the secretary of internal affairs shall appoint a competent person 
 to serve as chief of the bureau of standards, whose duty it shall be 
 to have custody of the State standards of weights and measures; 
 shall compare, test, and regulate all weights and measures of all 
 city and borough sealers, now in office, or who may hereafter be 
 appointed, in the Commonwealth of Pennsylvania, with the State 
 standards when presented at his office for that purpose ; shall certify 
 to their correctness by affixing his official stamp thereto, with his 
 name and date of examination clearly marked thereon shall preserve 
 in his office an appropriate record of services rendered and work 
 performed by him, or under his direction, in pursuance of this act; 
 shall file in his office annual and other reports received from the 
 local sealers; and shall, on or before the thirtieth day of November 
 in each year, submit a report in writing to the secretary of internal 
 affairs, for publication as a separate document in book form, setting 
 forth, in sufficient detail, the work done in said bureau and the work 
 reported to him by the local sealers, together with such other matter 
 relating to that subject as may be deemed of value and interest to 
 the citizens of this Commonwealth. The chief of the bureau of 
 standards or any of his deputies shall have power to enter into any 
 county or city, and to test all instruments and devices used in weio-li- 
 ing or measuring anything sold or to be sold, including instruments 
 and devices for weighing of coal mines and seal the same if found 
 
 667 
 
668 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 to be correct. For the purpose of making such test, the chief of the 
 bureau of standards or any of his deputies may, at any reasonable 
 time and without formal warrant, enter upon any premises, and 
 may, on an}' public highway, stop any vendor or dealer, or the agent 
 or servant of any such vendor or dealer, or stop any vehicle used in 
 delivering any commodity which is weighed or measured as delivered. 
 They may condemn, and mark as condemned, or may seize, any false 
 or illegal instrument or device used, or intended to be used, in weigh- 
 ing or measuring. If they shall seize any such instrument or device, 
 they shall retain possession thereof until it shall have been used as 
 evidence in any prosecution under the laws of this Commonwealth 
 relating to weights and measures or to the sale of commodities. After 
 the determination of such prosecution, the false or illegal instrument 
 or device shall be destroyed unless otherwise ordered by the proper 
 court. 
 
 The chief of said bureau of standards shall receive a salary of 
 four thousand dollars per annum, payable as other employes of 
 said department are now paid and all necessary expenses incurred 
 in the discharge of his official duties under this act. The secretary 
 of internal affairs is authorized to appoint twelve deputies in the 
 bureau of standards at an annual salary of twenty-five hundred dol- 
 lars each. Such deputies shall also receive their actual and necessary 
 expenses incurred in the performance of their duties. The secretary 
 of internal affairs may also assign such additional assistance, from 
 the clerical force of his department, to the work of said bureau 
 as he may find necessary from time to time. 
 
 Sec. 21548 (1911). Standard of weight, length, and capacity; appro- 
 priation. — In order to carry this act into effect, it shall be the duty 
 of the secretary of internal affairs of this Commonwealth to procure, 
 as soon as practicable after the passage of this act, a complete set 
 of standards of weight, length, and capacity, to be verified by the 
 Bureau of Standards of the United States Government, and to 
 conform with the standards of weight, length, and capacity 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. 
 
 Sec. 21549. Booms. — The board of public grounds and buildings 
 are hereby required to furnish a suitable room or rooms, in the State 
 Capitol Building, for the safekeeping and convenient use of said 
 standards of weights and measures and for office use of said bureau 
 of standards. 
 
 Sec. 21550 1 (al917). Inspectors; salaries; expenses; how payable; com- 
 bination; terms; charges; hearing; other service prohibited. — The 
 mayors of cities of the second and third class, and the several boards 
 of county commissioners, shall, respectively, appoint one or more 
 competent persons as inspectors of weights and measures, in the 
 respective county or city, whose salary shall not be less than one thou- 
 sand dollars per annum, to be paid out of the respective revenues 
 of such county or city: Provided, however, That the payment of a 
 minimum salary shall not apply to counties having a population of 
 
 1 But see Commonwealth, ex rel. Lowell, v. Hoyt, 254 Pa., p. 45. 
 
PENNSYLVANIA 669 
 
 fifteen thousand or less. In addition to the salary provided by 
 law, the said county and city inspectors shall be entitled to receive 
 the actual expenses incurred by them personally in performing the 
 duties of their office ; such as transportation, hotel, livery, telephone, 
 telegraph, and postal charges, to be paid by the boards of county 
 commissioners of their respective counties and by the proper offi- 
 cers of their respective cities, in such proportion as may be agreed 
 upon by said boards of county commissioners and proper officers 
 of cities, on bills itemized and properly sworn to : Provided, how- 
 ever, That nothing in this act shall be construed to prevent two or 
 more counties, or any county and city, from combining the whole 
 or any part of their districts, as may be agreed upon by the board 
 of county commissioners and mayors of cities, with one set of stand- 
 ards and one inspector, upon the written consent of the chief of 
 the bureau of standards: Provided further, In cities of the first 
 class the inspectors shall be appointed by the county commissioners 
 of the county in which the said city may be located. Any inspector 
 appointed in pursuance of an agreement for such combination shall, 
 subject to the terms of his appointment, have the same authority 
 and duties as if he had been appointed by each of the authorities 
 who are parties to the agreement. The county and city inspectors 
 of weights and measures, as appointed by the respective counties 
 and cities, shall hold their office during good behavior; and shall 
 not be removed, discharged, or reduced in pay or position except 
 for inefficiency, incapacity, conduct unbecoming employes, or other 
 just cause, and until the said officials shall have been furnished 
 with written statements of the reason for such removal, discharge, 
 or reduction, and shall have been given reasonable time to make 
 written answer thereto. Nor shall such removal, discharge, or re- 
 duction be made until the charge or charges shall have been exam- 
 ined into and found true in fact by the appointing power of such 
 county or city, at a hearing, upon reasonable notice to the person 
 charged, at which time he may be represented by counsel and offer 
 testimony or witnesses in his own behalf. It shall be unlawful for 
 any sealer or inspector of weights and measures, or any of his depu- 
 ties, to perform clerical or other services for the county or city of 
 their respective districts. 
 
 Sec. 21551. Standard tests. — All county and city inspectors so ap- 
 pointed shall be supplied, at the expense of their respective counties 
 and cities, with standard tests of weights and measures, in con- 
 formity with those established by the Government of the United 
 States or the bureau of standards of the State, and the laws of this 
 Commonwealth; and to ensure the accuracy of these tests they shall 
 be compared with the standard tests to be purchased by the secretary 
 of internal affairs, and, when so compared and their correctness 
 established, they shall be so stamped or marked in such manner as 
 may be established by the rules and regulations hereinbefore referred 
 to, to be put in force by said secretary of internal affairs, and ap- 
 proved by the governor of the Commonwealth. 
 
 Sec. 2i552. Reports. — Each inspector shall report in writing, at 
 least once every month, to the chief of the State bureau of standards, 
 upon blanks furnished by the chief. Such report shall contain: (1) 
 The number of tests made since the last preceding report. (2) The 
 number of weights, measures, and balances found by such tests to 
 
670 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 be correct. (3) The number of weights, measures and balances 
 found by such tests to be false. (4) The number of prosecutions 
 instituted by such inspector since the last preceeding report, together 
 with the name of the accused, the title of the court where the prose- 
 cution was instituted, and the result of such prosecution. (5) Such 
 other matters as the chief may, from time to time, prescribe. 
 
 Sec. 21553. Custody of standards; testing; sealing; rights of entry; 
 seizure. — The inspectors shall take charge of and safely keep the 
 proper standards. They shall be furnished by the chief of the bureau 
 of standards of this Commonwealth with full specifications of 
 tolerances and allowances to be used by them in the performance of 
 their duties. Each inspector shall have power, within his respective 
 jurisdiction, to test all instruments and devices used in weighing or 
 measuring anything sold or to be sold, including instruments and 
 devices for weighing at coal mines, and seal the same if found to 
 be correct. Such test shall include all appliances connected or used 
 with such instruments or devices. For the purpose of making such 
 test, each inspector, at any reasonable time and without formal 
 warrant, may enter upon any premises; and may, on any public 
 highway, stop any vendor or dealer, or the agent or servant of such 
 vendor or dealer, or stop any vehicle used in delivering any com- 
 modity which is weighed or measured as delivered. He may con- 
 demn and mark as condemned, or may seize, any false or illegal in- 
 strument or device used, or intended to be used, in weighing or 
 measuring. If he shall seize any such instrument or device, he shall 
 retain possession thereof until it shall have been used as evidence 
 in any prosecution under the laws of this Commonwealth relating to 
 weights and measures or to the sale of commodities. After the deter- 
 mination of such prosecution, the false or illegal instrument or de- 
 vice shall be destroyed, unless otherwise ordered by the proper court. 
 
 Sec. 21555 (1895). New scales, weights and measures to be tested. — 
 Any person or persons purchasing new scales, weights or measures 
 that do not contain the stamp of the inspector shall, before using 
 them, notify the inspector of the district and have them tested, and 
 all scales, weights or measures that cannot be adjusted by the in- 
 spector shall be removed and destroyed. 
 
 Sec. 21556, as amended by P. L., 1923, Act No. 409, p. 992. Use of 
 false or insufficient weights or measures; jurisdiction; penalties; fines to 
 be paid into county treasury; violations by inspectors; misdemeanors; pen- 
 alty. — Each person who shall, directly or indirectly, or by his servant 
 or agent, or as the servant or agent of another, violate any of the 
 provisions of this act, or give or offer to give any false or insufficient 
 weight or measure, or use any weighing device after it shall have 
 been condemned and before it shall have been adjusted and sealed, or 
 obstruct or attempt to obstruct any inspector in the performance of 
 his duty, shall, upon conviction thereof in a summary proceeding 
 before any alderman, magistrate, or justice of the peace of the proper 
 city or county, for the first offense, be sentenced to pay a fine not to 
 exceed twenty-five dollars; for the second offense, shall be sentenced 
 to pay a fine not exceeding fifty dollars ; and for each subsequent of- 
 fense, shall be sentenced to pay a fine of not more than one hundred 
 dollars, or to undergo an imprisonment in the proper county jail 
 for not more than thirty days, or both, in the discretion of the court. 
 
PENNSYLVANIA 671 
 
 In default of the payment of any fine as aforesaid, the person con- 
 victed shall be sentenced to serve one day in jail of the proper county 
 for each dollar of the fine and costs. All such fines shall be paid to 
 the treasurer of the respective city or county in which the offense was 
 committed. 
 
 It shall be unlawful for any inspector to use any tests or standards, 
 or to attempt to use the same, in ascertaining the correctness or ac- 
 curacy of weights and measures, until such comparisons are made 
 and their accuracy established and so stamped or marked. It shall 
 be unlawful for any inspector to manufacture, sell, or offer to sell 
 any weighing or measuring device used in the sale of commodities, or 
 to repair or offer to repair any weighing or measuring device other 
 than such adjustments as he may find necessary in the performance 
 of his official duties, for which no fees shall be collected. Any 
 inspector violating the provisions of this act shall be guilty of a 
 misdemeanor, and, upon conviction therefor, shall be fined not ex- 
 ceeding one thousand ($1,000) dollars, or undergo imprisonment for 
 a period not exceeding one year, or both or either, at the discretion 
 of the court. 
 
 Sec. 21557 (1895). Eefusal to allow inspection. — Any person, upon 
 arrest and conviction before a magistrate or justice of the peace for 
 refusing to allow his scales, weights and measures to be inspected, 
 shall be fined ten dollars and costs of court, or be sentenced to im- 
 prisonment for a period of not more than ten days. 
 
 Sec. 21558. Altering scales, etc., after adjustment. — Any person who 
 shall, after his scales, weights and measures have been inspected in 
 accordance with the provisions of the fifth section of this act 
 [section 21555] , alter or cause to be altered his said inspected scales, 
 weights and measures so that they be decreased in size or amount, 
 or who shall substitute for said inspected weights and measures any 
 other weights and measures of smaller size or amount, shall, upon 
 the arrest and conviction before a magistrate or justice of the peace, 
 be fined not more than twenty dollars and cost of court, and in 
 default of the payment of such fine and costs shall be imprisoned 
 for a period not more than ten days. 
 
 Sec. 21560 (1850). Penalty for selling by short weight or measure. — 
 Whenever any description of manufactured goods, commonly called 
 dry goods or groceries, shall be sold by the piece, in packages or 
 by weight, and the said pieces or packages shall be marked or rep- 
 resented to contain a certain number of yards, pounds or ounces, 
 and the same shall be sold as containing that number or weight, when 
 in fact the said pieces or packages shall contain a less number of 
 yards, or pounds or ounces, than so represented, the seller or manu- 
 facturer thereof shall forfeit and pay to the purchaser a sum equal 
 to double the value of the quantity or weight found to be deficient, 
 to be recovered by action of debt, in any court of law, or before any 
 alderman or justice of the peace in this Commonwealth, in the same 
 manner that debts of like amount are now by law recoverable. 
 
 Sec. 21561 (1883). Penalty for using false scales, weights, and meas- 
 ures. — Any person or persons who shall wilfully use and sell by false 
 beams, scales, weights and measures, any article, merchandise, com- 
 modity or thing, shall be guilty of a misdemeanor, and on being 
 
 517—27 43 
 
672 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 convicted thereof, shall be sentenced to pay a fine not exceeding 
 two hundred dollars, and to undergo an imprisonment not exceeding 
 three months, or both, or either, at the discretion of the court. 
 
 Sec. 21562 (1850). True meridian to be fixed. — The county commis- 
 sioners of the several counties of this Commonwealth are hereby 
 authorized and directed, within two years from and after the passage 
 of this act, to cause to be marked and established on some inalienable 
 property belonging to the county, or on some such property as the 
 commissioners of the county may hereafter acquire for that purpose, 
 at or near the seat of justice of the several counties, a true meridian 
 line, and a fixed standard measure, of a two or four pole chain, agree- 
 ing with and made after the measure of the standard yard now in the 
 office of the secretary of the Commonwealth; and the cost whereof 
 to be paid out of the respective county treasuries. 
 
 Sec. 21563. Notice thereof to be given; surveyors to adjust their com- 
 passes and chains thereby; true bearings to be noted in surveys. — When 
 the said true meridian lines, and the measures of the said standard 
 two or four pole chain, shall have been so marked and established as 
 aforesaid, the said county commissioners shall give public notice 
 thereof, in one or more newspapers of their respective counties, or 
 otherwise, for at least three successive weeks ; and it shall be the duty 
 of every land surveyor in this Commonwealth, after such notice has 
 been given as aforesaid, in the month of April in each year, to ad- 
 just and verify his compass by one of the said meridian lines, and 
 to ascertain the variation of its needle from the true meridian, and 
 his chain by one of the said measures of the said standard two or 
 four pole chain. And the said surveyors shall thereafter, in all 
 their returns of surveys, or writings concerning surveys of land, 
 and lines run by the compass, note the bearings or courses of such 
 surveys and line so as to show the true, and not the magnetic bear- 
 ing, together with the date of such survey or tracing of lines. 
 
 Sec. 21564. Penalty for surveying with unadjusted compass or chain; 
 penalty. — Any surveyor, after notice given as required by the provi- 
 sions of this act, who shall neglect or refuse to comply with the 
 requirements of this act, by making any survey with an unadjusted 
 compass or chain, he shall, for every such neglect or refusal, pay the 
 sum of ten dollars, on complaint made by any person interested in 
 such survey, before the justice of the peace nearest to the tract or 
 lot of land so surveyed, to be recovered as debts of like amount are 
 by law recoverable; one-half thereof to the person making the 
 complaint, and the other half to the treasurer of the school district 
 in which such survey is made, for the use of said district. 
 
 Sec. 21565. Duties of commissioners. — It shall be the duty of the 
 commissioners of the several counties aforesaid to procure a book 
 to be kept in their office; and every surveyor, on having adjusted 
 his chain and compass aforesaid, shall enter therein the 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 sub- 
 scribe his name thereto, for future reference. 
 
 Sec. 21566 (1913). Weights and measures; "commodity" defined. — 
 The word " commodity," as used in this act, shall be taken to mean 
 any tangible personal property sold or offered for sale. 
 
 Sec. 21587. Manner of sale. — All liquid commodities, when sold in 
 bulk or from bulk, shall be sold by weight or liquid measure. All 
 
PENNSYLVANIA 673 
 
 dry commodities, when sold in bulk or from bulk, shall be sold by 
 weight, dry measure or numerical count. No dry commodities shall 
 be sold by liquid measure; dry commodities in carload lots may be 
 sold by weight. 
 
 Sec. 21568. Measures shall have bottoms. — It shall be unlawful to use 
 a measure without a bottom in selling any commodity. 
 
 Sec. 21569 (al915). Measures shall be marked as to capacity; bottles 
 or jars for the sale of milk or cream. — It shall be unlawful, in selling 
 any commodity, to use any measure unless the same shall have 
 thereon marked in distinct letters and figures the capacity thereof. 
 If such measure be of the capacity of one-half bushel or less, or 
 of one-half gallon or less, it shall be marked in terms of a quart, dry 
 or liquid measure respectively. If the measure be of the capacity 
 of over one-half bushel or one-half gallon it shall be marked in 
 terms of a bushel or gallon, respectively: Provided, That bottles or 
 jars used for the sale of milk or cream shall be regarded and con- 
 sidered as measures within the meaning of this act, and shall be in 
 all respects subject to all rules and regulations heretofore or here- 
 after made by the chief of the Pennsylvania Bureau of Standards as 
 to reasonable variations and tolerances. 
 
 Sec. 21570 (1913). Attempts to defraud.— It shall be unlawful for 
 any person, firm or corporation, with intent to defraud — 
 
 (1) To sell, or offer for sale, any commodity on the container of 
 which is marked any false statement respecting the kind, number, 
 quantity, weight, or measure of such commodity, or of any part 
 thereof, or respecting the place or country where such commodity 
 was manufactured or produced, or respecting the quality or grade of 
 such commodity. 
 
 (2) To orally or otherwise represent that any commodity offered 
 for sale in bulk, to which no name or trade-mark shall be attached, is 
 the manufacture or production of some other than the actual manu- 
 facturer or producer: Provided, That nothing in this act is to be 
 construed as applying to drugs, medicines, chemicals, or pharma- 
 ceutical or proprietary preparations used as medicine, nor to toilet 
 preparations. 
 
 Sec. 21571, as amended by Laws, 1925, Act No. 186, p. 325. Weight of 
 bushel. — Whenever any commodity named in this section shall be sold 
 by the bushel, the bushel shall consist of the number of pounds herein 
 stated; and wherever sold in the subdivisions of the bushel, the 
 number of pounds shall consist of the fractional part of the number 
 of pounds as are herein set forth for the bushel, namely 2 : 
 
 Pounds 
 
 Alfalfa seed 60 
 
 Apples 45 
 
 Apples, dried 25 
 
 Barley 48 
 
 Beans, dried 60 
 
 Beans, castor (shelled) 46 
 
 Beets 56 
 
 Blue-grass seed 14 
 
 Bran 20 
 
 Broom corn seed 50 
 
 Buckwheat 48 
 
 Pounds 
 
 Cabbage 50 
 
 Carrots 50 
 
 Cement 100 
 
 Charcoal 20 
 
 Cherries, with stems 56 
 
 Cherries, stemmed 64 
 
 Chestnuts, hulled 50 
 
 Clover seed 60 
 
 Coal, anthracite 75 
 
 Coal, bituminous 76 
 
 Coal, stone 80 
 
 a A slight change has been made In the arrangement of this table for convenience of 
 reference. 
 
674 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Pounds 
 
 Peaches, dried (unpeeled) 33 
 
 Peanuts 22 
 
 Pears 50 
 
 Peas, green (unshelled) 28 
 
 Peas, dried 60 
 
 Plums.. 64 
 
 Potatoes 60 
 
 Potatoes, sweet 54 
 
 Quinces 48 
 
 Rape-seed 50 
 
 Raspberries 48 
 
 Redtop grass seed 14 
 
 Rice, rough 45 
 
 Rutabagas 60 
 
 Rye 56 
 
 Ryemeal 50 
 
 Salt (coarse) 85 
 
 Salt (ground) 62 
 
 Sand 100 
 
 Shorts 20 
 
 Sorghum-seed 50 
 
 Spelt 40 
 
 Spinach 12 
 
 Strawberries 48 
 
 Timothy-grass seed 45 
 
 Tomatoes 56 
 
 Turnips 56 
 
 Walnuts (common) 50 
 
 Wheat 60 
 
 Pounds 
 
 Coke 40 
 
 Corn, shelled 56 
 
 Corn, ear (husked) 70 
 
 Corn meal 50 
 
 Cranberries 32 
 
 Cucumbers... 48 
 
 Currants 40 
 
 Flaxseed 56 
 
 Gooseberries 40 
 
 Grapes 48 
 
 Hair (plastering) 8 80 
 
 Hemp seed 44 
 
 Herd's grass 45 
 
 Hickory nuts , 50 
 
 Hominy 60 
 
 Horseradish 50 
 
 Hungarian grass seed 50 
 
 Kaffir corn 56 
 
 Lentils 60 
 
 Lime 80 
 
 Linseed ' 56 
 
 Malt 38 
 
 Millet 50 
 
 Oats 32 
 
 Onions 50 
 
 Onion sets 28 
 
 Orchard grass seed 14 
 
 Parsnips 50 
 
 Peaches 48 
 
 Peaches, dried (peeled) 38 
 
 Provided, That when any fruits or vegetables named in this section 
 are sold in Pennsylvania standard containers, which are the original 
 packages and are filled in accordance with good commercial prac- 
 tices, such fruits and vegetables shall be exempt from the provisions 
 of this section. 
 
 Sec. 21572 (1913). Packages shall be marked. — If in package form, 
 ihe quantity of the contents shall be plainly and conspicuously 
 marked on the outside of the package in terms of weight, measure, 
 or numerical count : Provided, however, That reasonable variations 
 shall be permitted; and tolerances and also exemptions as to small 
 packages shall be established by rules and regulations made by the 
 chief of the Pennsylvania bureau of standards. 
 
 Sec. 21573. Violations; penalty. — Each person, firm or corporation 
 that shall violate any of the provisions of this act shall be guilty of 
 a misdemeanor, and, upon conviction thereof, before any alderman, 
 magistrate or justice of the peace of the proper county, for first 
 offense shall be fined not more than twenty -five dollars; upon con- 
 viction for the second offense, such person, firm, or corporation shall 
 be fined not less than twenty-five dollars nor more than one hundred 
 dollars; and, upon conviction for the third and each subsequent 
 offense, such person, firm, or corporation shall be fined not less than 
 one hundred dollars nor more than two hundred and fifty dollars. 
 
 Sec. 21574. Enforcement. — It shall be the duty of the proper city 
 and county inspectors of weights and measures to enforce the pro- 
 visions of this act. 
 
 Sec. 21575 (al915). When act takes effect; not applicable to whole- 
 salers, jobbers or commission merchants. — This act shall go into effect 
 
 3 This is evidently an, error, since the usual weight of plastering hair is eight pounds 
 per bushel. 
 
PENNSYLVANIA 675 
 
 the first day of January, one thousand nine hundred and fourteen: 
 Provided, however, That no penalty shall be enforced for any viola- 
 tion of its provisions as to domestic products prepared, or foreign 
 products imported, prior to eighteen months after its passage ; and 
 further, that this act shall not apply to the marking of the net quan- 
 tity of the contents on containers or packages handled, sold, or 
 offered for sale by wholesalers, jobbers or commission merchants. 
 
 Sec. 21576 (1917). Packing of apples. — Every closed package con- 
 taining apples grown in the State of Pennsylvania, which is sold, 
 offered, or consigned for sale, packed for sale, or shipped for sale, 
 shall bear upon the outside of one end, in plain letters or figures, 
 or both, the name and address of the person by whose authority 
 the apples were packed, the true name of the variety therein con- 
 tained, and the minimum size or numerical count of the fruit in the 
 package : Provided, That packages which can not readily be marked 
 on an exposed end shall be similarly marked in a conspicuous 
 place. * * * 
 
 Sec. 21577. Additional marks. — The marks prescribed by this act 
 may be accompanied by any additional marks which are in accord- 
 ance with the facts, and which are not inconsistent with or do not 
 in any way obscure the marks required by this act. Apples packed 
 and branded in accordance with the United States apple-grading 
 law, 4 approved August third, one thousand nine hundred and twelve, 
 shall be exempt from the provisions of this act. 
 
 Sec. 21584. Enforcement of this act. — The enforcement of this act 
 shall be vested in the State department of agriculture; and its offi- 
 cers, employes, and agents are authorized to enter upon the prem- 
 ises of any person within this State for the purpose of purchasing 
 packages of apples and securing evidence of violation of this act; 
 and the said department of agriculture is hereby authorized to make 
 such rules and regulations as may be necessary for enforcing its 
 provisions. 
 
 Public laws, 1921, Act No. 187, p. 389. 
 
 Sec. 1. Weights and measures; definitions; "type "; " standard weights 
 and measures " ; " use in trade or commerce " ; " person " ; " bureau of 
 standards"; liability for acts or omission of agents. — That the word 
 " type," as used in this act, is defined as a class the individual objects 
 of which are similar one to another in design, construction, size, and 
 material. 
 
 The term " standard weights and measures," as used in this act, is 
 to be construed to include the standards of weights and measures 
 adopted by the United States and the State of Pennsylvania, in ac- 
 cordance with those furnished by the Federal Government under 
 joint resolutions of Congress, approved June fourteenth, eighteen 
 hundred and thirty-six and July twenty-seventh, eighteen hundred 
 and sixty-six, and now recognized and in use throughout the United 
 States. 
 
 The term " use in trade or commerce," as used in this act, shall be 
 construed to include use in buying or selling goods, wares, or 
 merchandise. 
 
 The word " person," as used in this act, shall be construed to im- 
 port both the plural and the singular, as the case demands, and 
 
 * See p. 19. 
 
676 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 shall include corporations, copartnerships, companies, societies, and 
 associations. 
 
 The term " bureau of standards " shall be held to mean under or 
 by authority of the chief of the Pennsylvania bureau of standards 
 of the department of internal affairs. When construing or enforc- 
 ing the provisions of this act, the act, omission, or failure of any 
 officer, agent, or other person, acting for or employed by any cor- 
 poration, company, society, or association, within the scope of his 
 employment or office, shall in every case be deemed to be the act, 
 omission, or failure of such corporation, partnership, company, so- 
 ciety, or association, as well as that of the person. 
 
 Sec. 2. Approval by bureau of standards. — The bureau of standards of 
 the department of internal affairs is authorized to pass upon each 
 type of weight and measure and weighing and measuring device 
 manufactured, offered or exposed for sale or sold or given away, 
 for the use in trade or commerce, or used in trade or commerce, in 
 the Commonwealth of Pennsylvania, and to approve or disapprove 
 of said type. The said bureau shall approve each type of weight 
 and measure and weighing and measuring device, submitted to it for 
 approval by any person, if such type is so designed and constructed 
 that it conforms to, or gives correct results in terms of, standard 
 weights or measures or in terms of values derived therefrom, and 
 is reasonably permanent in its indication and adjustment, and does 
 not facilitate the perpetration of fraud, otherwise the bureau shall 
 disapprove the same. 
 
 Sec. 3. Submission for approval. — The submisison of a type may be 
 by sample or by specifications if, in the best judgment of the bureau, 
 such specifications are adequate, or in such other manner as may 
 be prescribed by the rules and regulations promulgated under the 
 authority of this act. 
 
 Sec. 4. Certificate of approval; notification of disapproval; hearing; 
 appeal to secretary of internal affairs ; appeal to common pleas. — When a 
 type of weight or measure or weighing or measuring device is ap- 
 proved, the said bureau shall issue a certificate to this effect to the 
 person submitting such type. When a type is disapproved, the said 
 bureau shall notify the person submitting the same of its decision, 
 setting out the reasons therefor, together with such information and 
 references as may be useful in judging of the propriety of the dis- 
 approval, and shall give such person an opportunity to be heard in 
 support of his application for approval. The bureau shall then re- 
 consider its decision. If the new decision is adverse to such person, 
 and he is dissatisfied with the same, he may take an appeal from 
 this decision to the secretary of internal affairs, who shall examine 
 the matter, and decide whether the type should be approved or dis- 
 approved. If the person is dissatisfied with the decision of the 
 secretary of internal affairs, he may appeal to the court of common 
 pleas of the county of which he is a resident, whose decision shall 
 be final. 
 
 Sec. 5. Sale, etc., of unapproved weights and measures; existing 
 weights and measures; weights and measures intended for use outside of 
 State. — From and after one year after this act takes effect, it shall be 
 unlawful for any person to manufacture, offer or expose for sale, or 
 sell or give away, for use in trade or commerce, or to use in trade or 
 
PENNSYLVANIA 677 
 
 commerce, any weight or measure or weighing or measuring device 
 of a type not approved in accordance with the provisions of this 
 act: Provided, however, That in the case of weights and measures 
 and weighing and measuring devices manufactured and ready for 
 sale or in use in the Commonwealth of Pennsylvania at the time this 
 section takes effect, no approval of type shall be necessary, and it 
 shall be lawful for any person to offer or expose for sale or sell, for 
 use in trade or commerce, or to use in trade or commerce, such 
 weights and measures and weighing and measuring devices, unless 
 they do not conform to or give correct results in terms of standard 
 weights or measures or in terms of values derived therefrom: And 
 provided further, That the type of a weight or measure or weighing 
 or measuring device need not be approved if said weight or measure 
 or weighing or measuring device is intended for shipment outside 
 the State of Pennsylvania, but if said weight or measure or weighing 
 or measuring device shall in fact be sold or offered for sale, for use 
 in trade or commerce, or used in trade or commerce, in the Common- 
 wealth of Pennsylvania, then this proviso shall not exempt such 
 weight or measure or weighing or measuring device from the 
 operation of any of the provisions of this act. 
 
 Sec. 6. Manufacturer's or vendor's guaranty. — No person shall be 
 prosecuted under the provisions of this act if he can establish a 
 guaranty, signed by the person from whom the weight or measure 
 of weighing or measuring device was purchased, or otherwise ob- 
 tained, or from the manufacturer thereof, to the effect that the type 
 of the same has been approved, if such approval is required by the 
 provisions of this act, and, if such approval is not required, setting 
 out this fact, or if he can establish that the weight or measure or 
 weighing or measuring device has been sealed by the local sealer 
 of weights and measures. The said guaranty, to afford protection, 
 shall contain the name and address of the guarantor, and, in such 
 case, said guarantor shall be amenable to the prosecutions, fines, 
 or other penalties which would attach in due course to such person 
 under the provisions of this act. But in anjr case where any such 
 person has actual notice that the type of such weight or measure 
 or weighing or measuring device has not in fact been approved, 
 when such approval is required by the provisions of this act, it 
 shall be unlawful, and a violation of the provisions of this act, for 
 such person thereafter to offer or expose such weight or measure 
 or weighing or measuring device for sale, or to sell it, for use in 
 trade or commerce, or to use it in trade or commerce. 
 
 Sec. 7. Registration, serial numbers, and description. — The bureau of 
 standards shall register and give a serial number to each type of 
 weight or measure or weighing or measuring device submitted and 
 approved as provided in this act, and shall issue, from time to time, 
 descriptions of such approved types, giving serial number of each 
 type, copies of which shall be iurnished to all weights and meas- 
 ures officials. 
 
 Sec. 8. Marking of weights and measures; marking impracticable. — 
 From and after one year after this act takes effect, it shall be un- 
 lawful to manufacture, offer or expose for sale or sell or give away, 
 for use in trade or commerce, or to use in trade or commerce, any 
 weight or measure or weighing or measuring device which does not 
 
678 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 have cast, stamped, etched, or otherwise marked thereon, in such 
 manner as may be prescribed by the rules and regulations author- 
 ized by this act, the name of the manufacturer and the serial num- 
 ber of the approved type to which it belongs: Provided, however, 
 That, whenever it shall appear to the satisfaction of the bureau of 
 standards that any type of weight or measure or weighing or meas- 
 uring device is such as to render it impracticable to mark it as re- 
 quired by this section, the said bureau shall furnish a certificate to 
 that effect to any manufacturer applying for the same, and such 
 weights and measures and weighing and measuring devices need 
 not be marked as required by the provisions of this section. 
 
 Sec. 9. Marking of unapproved weights and measures; misdemeanor; 
 penalty. — It shall be unlawful to cast, stamp, etch, or otherwise mark, 
 upon any weight or measure or weighing or measuring device, the 
 type of which has not been approved as required by the provisions 
 of this act, any design or device simulating a serial number required 
 by the provisions of section seven of this act. 
 
 Any person who shall violate any of the provisions of this section 
 shall be guilty of a misdemeanor, and, upon conviction thereof, shall 
 be punished by a fine of not more than five hundred dollars, or by 
 imprisonment for not more than one year, or by both such fine and 
 imprisonment, in the discretion of the court. 
 
 Sec. 10. Parts of weights or measures. — In case any person may 
 desire to have the type of a part of a weight or measure or weighing 
 or measuring device separately approved and serialized, and shall 
 apply therefor, and the bureau of standards decides that the part is 
 such that this may properly be done, then such part may be approved 
 and serialized or disapproved as to type, under the same provisions 
 and restrictions as are applied to the approval and serialization or 
 the disapproval of a type of weight or measure or weighing or 
 measuring device by the provisions of this act. 
 
 Sec. 11. Marking of weights and measures not intended for use in 
 trade; marking impracticable. — It shall be conclusively presumed that 
 a weight or measure or weighing or measuring device is intended for 
 use in trade or commerce if it is manufactured, offered or exposed 
 for sale, or sold, for use in the Commonwealth of Pennsylvania, or 
 is used therein, unless it shall bear a plain, legible, conspicuous, and 
 permanent statement to this effect "Not legal for trade." It shall 
 be unlawful to use in trade or commerce any weight or measure or 
 weighing or measuring device which is marked as described above: 
 Provided, however, That whenever it shall appear to the satisfaction 
 of the bureau of standards that any type of weight or measure or 
 weighing or measuring device is such as to render it impracticable 
 to mark it as required by this section, or is of such design and con- 
 struction that it is obviously not intended for use in trade or com- 
 merce, the said bureau shall furnish a certificate to that effect to any 
 manufacturer applying for the same, and such types of weights and 
 measures and weighing and measuring devices need not be marked 
 as required by the provisions of this section. 
 
 Sec. 12. Eules and regulations. — Rules and regulations for the carry- 
 ing out and enforcement of the provisions of this act, not incon- 
 sistent with the provisions thereof, shall be adopted by the bureau 
 of standards, with the approval of the secretary of internal affairs, 
 which rules and regulations shall include reasonable variations or 
 
PENNSYLVANIA 679 
 
 tolerances which may be allowed on weights and measures and 
 weighing and measuring devices included within the provisions of 
 this act, and also specifications for such weights and measures and 
 weighing and measuring devices for the guidance of manufacturers 
 in the design and construction of such weights and measures and 
 weighing and measuring devices. 
 
 Sec. 13. Sealing of weights and measures ; effect of approval of type. — ■ 
 Inspectors of weights and measures of the Commonwealth of Penn- 
 sylvania and of the several counties and cities of the Commonwealth 
 of Pennsylvania may seal, for use in trade or commerce, all weights 
 and measures and weighing and measuring devices, the type of which 
 has been approved as required by the provisions of this act or 
 specifically exempted from the necessity of approval by the provi- 
 sions of this act, when they find that the same are within the toler- 
 ances prescribed under the rules and regulations : Provided, however, 
 That this shall not be construed as meaning that the approval of a 
 type shall be taken as evidence of the correctness of any individual 
 weight or measure or weighing or measuring device of that type, 
 or prevent any such inspector of weights and measures from pro- 
 hibiting the use of or confiscating any individual weight or measure 
 or weighing or measuring device which is found to be inaccurate 
 or otherwise defective or unlawfully used. 
 
 Sec. 14. Violations; jurisdiction; penalty. — Any person, copartner- 
 ship, association, or corporation who or which shall violate any 
 provision of this act shall, upon conviction thereof in a summary 
 proceding before any alderman, magistrate, or justice of the peace 
 of the proper county or city, be punished for the first offense by a 
 fine of not more than twenty-five dollars; and, upon conviction of 
 the second offense, by a fine of not less than twenty-five dollars nor 
 more than one hundred dollars; and, upon conviction for the third 
 and each subsequent offense, by a fine of not less than one hundred 
 dollars nor more than two hundred and fifty dollars. In default 
 of the payment of any fine as aforesaid, any person convicted shall 
 be sentenced to serve one day in jail of the proper county for each 
 dollar of the fine or costs. 
 
 Sec. 15. Enforcement. — It shall be the duty of the chief of the 
 bureau of standards and his deputies and the inspectors of weights 
 and measures of the several counties and cities who shall find satis- 
 factory evidence of any violation of the provisions of this act to 
 cause appropriate proceedings to be commenced and prosecuted, 
 without delay, for the enforcement of the penalties as in such case 
 herein provided: Provided, however, That no action or prosecution 
 shall be brought against any person for any violation of this act 
 unless the same is commenced within one year after the offense is 
 committed. 
 
 Stats., 1920, p. 165. 
 
 Sec. 1684 (al915). Powers vested in corporate officers. — The powers 
 of the borough shall be vested in the corporate officers. They shall 
 have power — 
 
 Sec. 1711. To regulate the scales, weights and measures. — To regulate 
 the scales, weights, and measures, according to the standard of the 
 Commonwealth; to provide for the confiscation of false weights 
 
680 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and measures, and to regulate the inspection and measurement, or 
 weight, of articles offered for sale in the borough. 
 
 Stats., 1920, p. 355. 
 
 Sec. 3844 (1901). Municipal corporations, second class, corporate 
 powers of; to regulate the weighing and measuring of commodities ; sale 
 of hay, coal, and wood. — To regulate the weighing and measuring of 
 every commodity sold in the city, in all cases not otherwise pro- 
 vided by law ; to provide for and regulate the inspection and weigh- 
 ing of hay, grain and coal, and the measuring of wood and fuel, 
 to be used in the city, and to designate the place or places of the 
 same; and to regulate and prescribe the place or places for expos- 
 ing for sale hay, coal and wood, and to demand and receive reason- 
 able fees for inspection, weighing and measuring, as aforesaid, and 
 for the regulation and stamping of weights and measures. 
 
 Sec. 4218 (al913). Municipal corporations, third class, corporate 
 powers of; to regulate weighing and measuring commodities. — To regu- 
 late the weighing and measuring of every commodity sold in the 
 city, in all cases not otherwise provided for by law, including the 
 measuring of gas, water, and electric current; to provide for and 
 regulate the inspection and weighing of hay, grain and coal, and the 
 measuring of wood, bark and fuel, to be used in the city, and to 
 designate the place or places of inspecting and weighing the same; 
 and to regulate and prescribe the place or places for exposing for 
 sale hay, coal, bark, and wood; and to demand and receive reason- 
 able fees for inspection, weighing, and measuring, as aforesaid; 
 and for the regulation and stamping of weights and measures, and 
 the regulation and inspection of gas, water, and electric current 
 meters, and other meters. 
 
 Stats., 1920, p. 18. 
 
 Sec. 193, as amended by P. L., 1923, Act 207, p. 321. Standards and 
 classification of farm products; standards for receptacles; marks upon 
 receptacles; canned farm products; congressional requirements. — After 
 investigation and public hearing, and with the approval of the 
 secretary of agriculture, the bureau may, from time to time, as far 
 as practicable, establish and promulgate standards for the grade 
 and other classification of farm products; and, in cooperation with 
 the bureau of standards of the department of internal affairs, the 
 bureau may establish and promulgate standards for receptacles for 
 farm products, by which their quality, value, or quantity may be 
 determined, and may make regulations governing the marks, brands, 
 and labels, which may be required upon receptacles for farm prod- 
 ucts for the purpose of showing the name and address of the pro- 
 ducer or packer or distributor, the quantity, nature, and quality of 
 the product, or any of them, and for the purpose of preventing 
 deception with reference thereto. The provisions of this paragraph 
 shall not apply to canned farm products. 
 
 Any standard for any farm product, or any standard for any 
 receptacle for farm products, or any requirement for marking recep- 
 tacles for farm products, now or hereafter made mandatory under 
 authority of the Congress of the United States, shall forthwith, as 
 far as applicable, be established or prescribed and promulgated by 
 the bureau as the official standard or requirement in this State. 
 
PENNSYLVANIA 681 
 
 No standard established, or requirement for marking prescribed 
 under this section, shall become effective until the expiration of not 
 less than six months after it shall have been promulgated. 
 
 Sec. 194, as amended by P. I., 1923, Act 207, p. 321. Selling of farm 
 products which do not conform to standard ; rules and regulations ; manu- 
 facture or sale, etc., of receptacles which do not conform to standard; rules 
 and regulations; sale, etc., of farm products in receptacles not properly 
 marked; investigations and tests; procuring samples. — Whenever any 
 standard for the grade or other classification of any farm product 
 becomes effective under this act, no person thereafter shall pack foi 
 sale, offer for sale, consign for sale, or sell any such farm product, 
 grown, manufactured, or prepared within this State, to which such 
 standard is applicable, unless it conform to such standard, subject 
 to such variations therefrom as may be allowed in the rules and 
 regulations made under this act, except that any such farm product 
 may be packed, offered, or consigned for sale, or sold, without con- 
 forming to the standard for the grade or other classification ap- 
 plicable thereto, if the product or the package containing it is not 
 described, marked, or labeled in such a way as to indicate, or to 
 appear upon ordinary observation, that the product conforms to the 
 standard. 
 
 The director is authorized to make such rules and regulations 
 under this act as may be deemed necessary to prevent deception with 
 reference to any standards made effective under the act, except as 
 it applies to standard receptacles for farm products. 
 
 Whenever any standard for a receptacle for farm products be- 
 comes effective under this act, no person thereafter shall manufac- 
 ture for sale or shipment, sell, offer for sale, consign for sale, or ship 
 any receptacle, either filled or unfilled, to which the standard is 
 applicable, unless the receptacle conform to the standard, subject 
 to such variations therefrom as may be allowed in the regulations 
 made under this act. The bureau of markets and the bureau of 
 standards of the department of internal affairs, by their joint action, 
 are authorized to make such rules and regulations under this act as 
 may be deemed necessary to enforce the provisions of this section 
 relating to standard receptacles for farm products. 
 
 Whenever any requirement for the marking, branding, or labeling 
 of a receptacle for farm products becomes effective under this act, 
 no person thereafter shall pack for sale, offer for sale, consign for 
 sale, or sell and deliver farm products in a receptacle to which such 
 requirement is applicable, unless the receptacle be marked, branded, 
 or labeled according to such requirement, or unless such product be 
 brought from outside the State and offered for sale, consigned for 
 sale, or sold in the original package. 
 
 The director is authorized, at any time, to cause such investiga- 
 tions, classifications, and tests to be made, and such certificates to be 
 issued, and, upon payment or tender of payment of the market value 
 thereof, to cause such samples to be taken as he may deem necessary 
 to enforce the provisions of this section. 
 
 Sec. 200 (1919). Right of entry. — In carrying out the provisions of 
 this act, the director, his employees, or agents, are authorized to enter, 
 on any business day during the usual hours of business, any store- 
 house, warehouse, cold-storage plant, packing houses, stockyard, 
 
682 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 railroad yard, railroad car, or any other building or place where 
 farm products are kept or stored by any person engaged in 
 marketing. 
 
 Sec. 201. Compulsory attendance of persons from whom reports have 
 been requested; oaths; production of books, etc. — In carrying out the 
 provisions of this act, the director, or his employes designated 
 by him for the purpose, may require the attendance before him or 
 any of them of any person from whom reports have been requested 
 or of any employe of such person, may administer oaths to and take 
 testimonjr of any such person or his employe, and may require 
 the production by such persons or their employees of any books, 
 records, and other documentary evidence relating to the farm product 
 about which reports have been requested. 
 
 Sec. 202. Violations; misdemeanor. — Any person who violates any 
 provisions of this act or of the regulations made under this act for 
 carrying out said provisions ; or who fails or refuses to comply with, 
 or, with intent to deceive, answers or reports falsely in response to, 
 any requirements of this act; or who wilfully interferes with the 
 director, his employes, or agents in the execution or on account of the 
 execution of his or their duties prescribed in this act, shall be 
 guilty of a misdemeanor. 
 
 Sec. 203. Regulations. — Subject to the approval of the secretary of 
 agriculture, the director is authorized to make and promulgate such 
 regulations as may be necessary to carry out the provisions of 
 this act. 
 
 Sec. 204, as amended by P. L., 1923, Act No. 207, p. S21. Violations; 
 prosecution; penalties; violation in regard to receptacles; prosecution. — 
 Any person violating, or failing or refusing to comply with, any of 
 the provisions of this act, or, with intent to deceive, answers or 
 reports falsely in response to any of the requirements of this act, or 
 who willfully interferes with the director, his emploj^ees or agents, 
 in the execution, or on account of the execution, of his or their duties 
 prescribed in this act, shall be prosecuted in a summary proceeding 
 before any alderman, magistrate, or justice of the peace of the proper 
 city or county, and, upon being convicted thereof, shall be punished 
 for the first offense by a fine of not more than twenty-five dollars, and 
 upon conviction of the second offense by a fine of not less than 
 twenty-five dollars nor more than one hundred dollars, and upon 
 conviction of the third and each subsequent offense by a fine of not 
 less than one hundred dollars nor more than five hundred dollars. 
 In default of the payment of any fine, as aforesaid, any person con- 
 victed shall be sentenced to serve one day in the jail of the proper 
 county for each dollar of the fine and costs. 
 
 Any violations of the provisions of this act relating to standard 
 receptacles for farm products, which may be established as herein 
 provided for, shall be prosecuted in a summary proceeding before 
 any alderman, magistrate or justice of the peace of the proper city 
 or county by the inspectors of weights and measures of the respective 
 cities and counties and the chief of the bureau of standards of the 
 department of internal affairs and his deputies. 
 
 Public Laws, 1925, Act No. 20, p. 34. 
 
 Sec. 1. Unlawful to sell oysters except by count. — That it shall be 
 unlawful for any person, copartnership, association, or corporation, 
 
PENNSYLVANIA 683 
 
 I 
 
 or his, her, or its servants, agents, or employees, to sell oysters at 
 retail, in any manner whatsoever, except by numerical count: Pro- 
 vided, however, That this act shall not apply to oysters sold at retail 
 when in unopened, sealed, original containers in which they are 
 shipped in interstate commerce. 
 
 Sec. 2. Violation of act a misdemeanor; penalty. — Any person, copart- 
 nership, association, or corporation violating any of the provisions 
 of this act shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be sentenced to pay a fine of not less than twenty-five 
 ($25) dollars, nor more than one hundred ($100) dollars, or, in the 
 case of individuals, to undergo an imprisonment of not less than (30) 
 days, nor more than sixty (60) days, or both. 
 
 Sec. 3. Enforcement of act. — The department of agriculture shall be 
 charged with the enforcement of this act. 
 
 Sec. 4. Fines, disposition of. — All fines imposed and recovered for 
 the violation of any of the provisions of this act shall be paid to the 
 department of agriculture or its agent, and when so collected and 
 paid shall thereafter be, by the department of agriculture, paid into 
 the State treasury for the use of the Commonwealth. 
 
 Public laws, 1925, Act. No. 152, p. 229. 
 
 Sec. 6. Label for paint must show name of manufacturer. — The label 
 required by this act shall clearly and distinctly state the name and 
 residence of the manufacturer of the paint, putty, or naval stores, 
 or of the distributor thereof, or of the party for whom same is manu- 
 factured. Such label shall be printed in plain, legible type, and so 
 far as possible common English words shall be used instead of tech- 
 nical terms. 
 
 Sec. 7. Label must show weight or measure. — The label on all liquid 
 or mixed paint shall show the net measure of the contents of the 
 container; and on all paste and semipaste paint sold by weight, the 
 net weight of the contents of the package ; or if sold by measure, the 
 net measure of such contents. 
 
 Sec. 10. Possession of improperly marked articles prima facie evidence 
 of violation of act. — The having in possession of by any person, firm, 
 or corporation dealing therein, of any of the articles hereinbefore 
 described and improperly marked or not correctly labeled, as pro- 
 vided in this act, shall be considered prima facie evidence that the 
 same are kept by such person, firm, or corporation in violation of 
 the provisions of this act. 
 
 Sec. 11. Enforcement. — The department of agriculture of the Com- 
 monwealth is hereby charged with the enforcement of the provisions 
 of this act. 
 
 Sec. 12. Access to buildings and power to open packages. — The depart- 
 ment of agriculture, by its assistants, experts, chemists, and agents, 
 shall have access to all places of business, stores, and buildings used 
 for the sale of paint, putty, and naval stores, as hereinbefore defined, 
 or any substitute therefor, and shall have power and authority to 
 open any package, can, jar, tub, or other receptacle containing articles 
 subject to the provisions of this act, which may there be sold, offered 
 or kept for sale, for the purpose of obtaining samples for chemical 
 analysis or examination, and to determine whether or not any of the 
 provisions of this act have been violated. 
 
684 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 13. Violation, a misdemeanor. — Any person, firm, or corporation, 
 or violator of any of the provisions of this act, or assisting or taking 
 part in the violation of any of said provisions, shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be punished for 
 each offense by a fine of not less than twenty-five dollars nor more 
 than one hundred dollars. 
 
 Stats., 1920, p. 2089. 
 
 Sec. 21540 (1834). Denominations; linear measure. — The denomina- 
 tions of linear measure of this Commonwealth, whereof the yard as 
 heretofore provided is the standard unit, with the relations thereof, 
 shall be as follows : 
 
 Twelve inches make one foot. 
 
 Three feet make one yard. 
 
 Five and a half yards make one rod, pole or perch. 
 
 Forty rods make one furlong. 
 
 Eight furlongs make one mile. 
 
 Sec. 21541. Of superficial measure; perch; rood; acre. — The denomina- 
 tions of superficial measure of this Commonwealth, whereof the 
 square of the linear yard, as heretofore provided, is the standard 
 unit, with the relations to said standard and to each other shall be : 
 
 Thirty and one-fourth square yards make one pole or perch. 
 
 Forty square poles make one rood. 
 
 Four square roods make one acre. 
 
 Six hundred and forty acres make one square mile. 
 
 Sec. 21542. Liquid measure; gill; quart; gallon; barrel; hogshead; 
 pipe; tun. — The denominations of liquid measure of this Common- 
 wealth, whereof the gallon as heretofore provided is the standard 
 unit, with the relations to said unit and to each other, shall be : 
 
 Four gills make one pint. 
 
 Two pints make one quart. 
 
 Four quarts make one gallon. 
 
 Thirty-one and a half gallons make one barrel. 
 
 Two barrels make one hogshead. 
 
 Two hogsheads make one pipe. 
 
 Two pipes make one tun. 
 
 Sec. 21543. Dry measure; bushel; peck. — The denominations of dry 
 measure of this Commonwealth, whereof the bushel as heretofore 
 provided is the standard unit, with the relations to said standard 
 and to each other, shall be : 
 
 Four pecks make one bushel. 
 
 And the minor divisions of the peck shall be its aliquot parts: 
 Provided, That the form of the dry measure shall be conical; that 
 the diameter of the circle of the top of the measure shall be not 
 less than one-twentieth greater than the diameter of the bottom of 
 the measure, and the height not more than nine twelfths of the 
 diameter of the bottom. 
 
 Sec. 21544. Troy weight; pennyweight; ounce; pound. — The denomi- 
 nations of weight of this Commonwealth, whereof the troy pound 
 as heretofore provided is the standard unit, with the relations there- 
 of to said standard and to each other, shall be : 
 
 Twenty-four grains make one pennyweight. 
 
 Twenty pennyweights make one ounce. 
 
 Twelve ounces make one pound. 
 
PENNSYLVANIA 685 
 
 Sec. 21545. Avoirdupois weight ; ounce ; pound; quarter; hundred- 
 wreight; ton. — The denominations of weight of this Commonwealth, 
 whereof the pound avoirdupois as heretofore provided is the stand- 
 ard unit, with the relations to said pound and to each other, shall be : 
 
 Sixteen drams make one ounce. 
 
 Sixteen ounces make one pound. 
 
 Twenty-five pounds make one quarter. 
 
 Four quarters make one hundred. 
 
 Twenty hundreds make one ton. 
 
 Sec. 21585 (1891). Weight of a cord of bark.— From and after the 
 passage of this act, the standard weight of a cord of hemlock, oak or 
 other bark, when sold by the cord or ton, shall be two thousand 
 pounds for each and every cord, and two thousand pounds for each 
 and every ton. 
 
 Sec. 21586 (1797). Bread to be sold by weight; penalty.— All loaf 
 bread made for sale within this Commonwealth, shall be sold by the 
 pound avoirdupois; and every baker or other person offering the 
 same for sale shall keep at his or her house, or at such other place 
 at which he or she shall at any time offer or expose for sale any 
 bread, sufficient scales and weights, lawfully regulated, for the pur- 
 pose of weighing the same; and if any baker or other person shall 
 sell or offer for sale any loaf bread, in any other manner, the contract 
 respecting the same shall be void ; and the person offending against 
 this act shall, on conviction, forfeit and pay the sum of ten dollars 
 for every such offense, one-half to the use of the informer, and the 
 other half to the use of this Commonwealth; and it shall be the 
 especial duty of the clerk of the market, in any place where such 
 an officer is appointed, to discover and prosecute all persons offend- 
 ing against this act. 
 
 Sec. 21589 (1878). Weight of bituminous coal. — The standard weight 
 of bituminous coal, in this Commonwealth, shall be seventy-six 
 pounds to the bushel, and two thousand pounds shall be one ton. 
 
 Sec. 21590. Penalty for violation. — If any person or persons, en- 
 gaged in the business of mining bituminous coal, shall fix or estab- 
 lish, or shall attempt to fix or establish, any other number of pounds, 
 by agreement of contract, to be a bushel of bituminous coal, than as 
 is provided for in the first section of this act, such person or persons 
 shall be guilty of a misdemeanor, and, upon conviction thereof, shall 
 be sentenced to pay a fine not less than five hundred and not ex- 
 ceeding one thousand dollars, and all penalties recovered under this 
 act shall be paid into the treasury of the State. 
 
 Sec. 21598 (1895). 2,240 pounds avoirdupois to make a ton of anthra- 
 cite coal. — On and after the first day of July, Anno Domini one 
 thousand eight hundred and ninety-five, two thousand two hundred 
 and forty pounds avoirdupois shall make and constitute a legal ton of 
 anthracite coal throughout this Commonwealth in all transactions 
 between retail coal dealers and their customers. 
 
 Sec. 21599. Selling less for a ton; tolerance. — Any person, firm or 
 corporation guilty of violating the provisions of section one of this 
 act whereby it is attempted to sell less than two thousand two hun- 
 dred and forty pounds to a ton, or a proper proportion thereof to 
 quantities less than a ton, shall, upon conviction thereof before any 
 justice of the peace or alderman, after hearing on complaint made, 
 shall be liable to a penalty not exceeding fifty dollars, recoverable 
 
686 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 as like penalties are within this Commonwealth : Provided, That in 
 all cases forty pounds shall be allowed for the variation in scales. 
 
 Sec. 21600. Fines. — All fines recovered under this act shall be paid 
 to the treasurer of the county wherein the action is brought. 
 
 Sec. 21601 (1911). Cities of the first class; sale of anthracite; delivery 
 ticket; violations; penalty. — In all cities of the first class throughout 
 this Commonwealth, in the sale of anthracite coal by retail, every 
 cart, wagon, or other vehicle used in delivering such coal shall be ac- 
 companied by a delivery ticket for the purchaser, which shall state 
 clearly the quantity of coal contained therein, the name of the pur- 
 chaser or delivery address, name of the dealer by whom sold and 
 delivered, and the name of the driver in charge. 
 
 Any person, firm, or corporation who shall violate the provi- 
 sions of this section, shall, on complaint of purchaser, be liable to a 
 penalty not exceeding fifty dollars ($50.00), to be collected by 
 summons issued before any justice of the peace or magistrate, the 
 action to be brought in the name of the city where the offense is com- 
 mitted, and said penalty shall be paid into the city treasury. 
 
 Sec. 21602 (al913). Petition; public scales; official public weigh- 
 master; fee; index. — Upon the petition of any twenty-five reputable 
 citizens, in any city of the first class in this Commonwealth, it shall, 
 at any time hereafter, be lawful for the court of quarter sessions, the 
 territorial jurisdiction of which includes such city, to designate, by 
 order or decree, as public scales such stationary scales as may be 
 recommended, provided, or located by such petitioners, with the con- 
 sent of owner or lessee of same, to whom the court shall issue a cer- 
 tificate as an official public weighmaster, and a sign, as such, shall 
 be conspicuously displayed on the premises. The said appointment 
 as such official weighmaster is to continue, with all its privileges, 
 duties, and obligations, till revoked by the court on petition of such 
 weighmaster, or on other cause shown on petition to the court, 
 signed by ten reputable citizens living in said city. Such 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 weighmaster, or his agent, 
 for whom he shall be responsible, shall be in attendance at such 
 scales, and shall be entitled to charge a fee of thirty cents ($0.30) 
 per load of coal weighed; empty vehicles returning to such scales 
 after delivery of the coal so weighed shall be reweighed without fur- 
 ther charge. An index of all scales so designated shall be kept for 
 public inspection in the office of the clerk of the court of quarter 
 sessions. 
 
 Sec. 21603 (1911). Bond of weighmaster; conditions. — Every 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 thou- 
 sand dollars (1,000.00), with one or more sufficient sureties to be 
 approved by the court, conditioned that said scale shall be tested by 
 a competent scale maker at least once every three months, and be 
 kept at all times in condition to properly and accurately register 
 the weight of coal ; and, further, that the weighmaster provided for 
 such scales will perform his duties honestly and faithfully, and will 
 furnish correct certificates to all persons having coal or coal con- 
 veyances, aforesaid, weighed at such scales. Upon proof that any of 
 the conditions of any such bond have not been complied with, or have 
 
PENNSYLVANIA 687 
 
 been violated, the city to which such bond is given may recover the 
 amount thereof in proper action. 
 
 Sec. 21604. Scale book; entries; official record; certificate as evidence. — 
 Each weighmaster of scales thus designated as weigh-stations, as 
 aforesaid, shall keep a book, in which shall be accurately entered, 
 in ink, a memorandum of every load of coal weighed at such scales ; 
 showing the name of the person, firm, or corporation delivering 
 said coal, and the name of the driver, or other person in charge of 
 such delivery ; the net weight thereof, as shown by the delivery ticket 
 herein provided for, furnished by such person, firm, or corporation, 
 the name of the purchaser thereof ; the gross and net weight of the 
 coal so weighed; the name of the weighmaster or his agent weighing 
 the same, and the date of weighing. Said book shall be an official 
 record, and all certificates delivered by such weighmasters or their 
 agents shall be copies of the entries contained therein, and shall be 
 received in all the courts of this Commonwealth as evidence of the 
 facts therein required to be certified or entered. It shall be the 
 duty of the county commissioners of such counties to provide all 
 official weighmasters with blank books and certificates prepared in 
 conformity with the provisions of this act, but each weighmaster 
 must provide his own books and certificates when not supplied by 
 the county commissioners. 
 
 Sec. 21605. False weighing or certification; penalty. — Any weigh- 
 master of such scales, or any agent or representative of such weigh- 
 master, who shall be guilty of, or in any manner engaged or con- 
 cerned in, any false or fraudulent weighing of coal at such scales, or 
 who shall give any false or fraudulent certificate of the weight of 
 coal at such scales, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be punished by a fine not exceeding 
 five hundred dollars ($500.00), or by imprisonment not exceeding 
 one year, or both. 
 
 Sec. 21606. Rights of purchaser; weighing of coal; weighing of ve- 
 hicle; certificate; cartage; refusal of seller. — It shall be the privilege 
 or right of any purchaser of anthracite coal, delivered by cart, 
 wagon, or other vehicle, in any of the cities of the first class of this 
 Commonwealth, before accepting the same, to have all of said coal 
 or any load of it weighed, at his expense, at any of the weigh-stations 
 designated under the provisions of section two of this act, provided, 
 such weigh-station is located within ten city blocks of the place of 
 loading or of the place of delivery of said coal ; and may require that 
 any cart, wagon, or conveyance, aforesaid, containing coal intended 
 to be delivered to him, shall be taken by the driver or other person 
 in charge thereof immediately and directly to such scales, for the 
 purpose of having the same weighed; and, after the delivery of 
 such coal, said purchaser may also require that the cart, wagon, or 
 conveyance, aforesaid, in which said coal is delivered, shall be taken 
 by the driver or person in charge thereof immediately back to said 
 weigh-station, by the most direct route and without unnecessarily 
 stopping on the way, to be weighed at the expense of such purchaser ; 
 and a certificate of the weight of such coal, so weighed as aforesaid, 
 shall thereupon be furnished to the purchaser of said coal by the 
 weigh-master, or his representative at such scales, at which such 
 coal was so weighed, and a duplicate of said certificate shall there- 
 517—27 44 
 
688 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 upon be forwarded, at the expense of the weigh-master of such scales, 
 to the person, firm, or corporation delivering said coal : Provided, 
 That whenever coal is to be so weighed, such purchaser must allow 
 the driver in charge thereof reasonable opportunity to notify the 
 person, firm, or corporation selling said coal, so that such person, 
 firm, or corporation, or a representative 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 weigh- 
 ing shall not be binding on any purchaser of coal if he shall not 
 deem it convenient, satisfactory, or expeditious. 
 
 Sec. 21607. Penalty; police powers; refusal of driver; penalty. — The 
 refusal of the seller of the coal to allow the same to be weighed, as 
 provided by this act, shall render the person, firm, or corporation 
 selling the said coal liable to a payment of a penalty of fifty dollars 
 ($50.00), which may be recovered by civil action, brought in the 
 name of the city wherein such act occurs, before any justice of the 
 peace or magistrate; and which penalty, as well as the amount or 
 amounts which may be collected on the bonds, under section three of 
 this act shall when collected be paid into the treasury of said city. 
 Any police officer or constable of any city of the first class, when 
 called upon, shall have power without warrant to arrest any driver 
 or other person, charged with the delivery of coal as aforesaid, who 
 shall refuse to take such coal to the scales and permit the same, or 
 the wagon, cart, or conveyance aforesaid, to be weighed in accordance 
 with the provisions of section six of this act; and such driver or 
 other person so arrested, shall be subject to a fine or penalty of five 
 dollars ($5.00), to be collected by summary conviction before any 
 magistrate or justice of the peace, and when collected to be paid into 
 the city treasury, and in default of payment, such person so con- 
 victed may be committed by said justice of the peace or magistrate 
 to the county prison, for a term not exceeding five days. 
 
 Sec. 21608. Docket. — Each and every magistrate or justice of the 
 peace in cities of the first class shall keep a docket, in which shall be 
 entered a full and complete record of the proceedings had before 
 him for the violation of any of the provisions of this act. 
 
 Sec. 21641 (1901). Correct weight to be marked. — Hereafter all baled 
 hay and straw shall be properly bound with wire, rope or other 
 material to hold it in bundle, and the correct weight shall be plainly 
 marked on each bale. 
 
 Sec. 21642. Weight of baling material. — The wood or other material 
 used in baling cut hay shall not exceed in weight eight per centum 
 of the weight of the entire bundle, and no wood, except for a mark- 
 ing block, shall be used in baling long hay or straw. 
 
 Sec. 21643. Certain acts misdemeanor. — Any person who shall mark 
 a bale of hay or straw higher than its actual weight, or who shall 
 use more than eight per centum of its weight of wood or other mate- 
 rial 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. 
 
PENNSYLVANIA 689 
 
 Sec. 21644 (1876). Penalty for fraud in baling hay and straw; pen- 
 alty. — Any person or persons within this Commonwealth who shall 
 sell, or cause to be sold or exchanged, in any manner whatsoever, 
 baled hay, straw or other material of a like nature, by weight, and 
 shall include in the weight of said baled hay, straw or other sub- 
 stance of a similar nature, any concealed or exposed matter, for the 
 purpose of increasing the weight, shall be deemed guilty of a mis- 
 demeanor; and on being convicted thereof, shall be fined not ex- 
 ceeding one hundred dollars, and imprisoned not exceeding six 
 months, either or both, at the discretion of the court. 
 
 Sec. 21650 (1919). Dealers in milk and cream; use of standard Babcock 
 testing glassware. — Every person, firm, company, association, cor 
 poration, or agent thereof, engaged in the business of buying milk oi 
 cream on the basis of, or in any manner with reference to, the amount 
 or percentage of butterfat contained therein, as determined by the 
 " Babcock test," shall use standard " Babcock " bottles, pipettes, and 
 weights, as defined in section two of this act. All such Babcock test 
 bottles, pipettes, and weights, so used, shall have been inspected for 
 accuracy by the bureau of standards of Pennsylvania or its proper 
 officer or agent, and shall be legibly and indelibly marked, by the 
 said bureau of standards or its inspectors of weights and measures, 
 with the letters " S. G. P." (Standard Glassware Pennsylvania), 
 and no Babcock bottle, pipette, or weight shall be used for such test 
 unless so examined and marked by the said inspectors of weights and 
 measures. It shall be unlawful for any person, persons, firm or com- 
 pany, association, corporation, or any agents, to use any other than 
 standard test bottles, pipettes, and weights, which have been ex- 
 amined and marked as provided in this section, to determine the 
 amount of fat in milk or cream bought on the butterfat basis as 
 determined by the Babcock test. 
 
 Sec. 21651, as amended by P. L., 1921, Act 152, p. 300. Standard Bab- 
 cock testing of glassware. — The term " Standard Babcock testing glass- 
 ware " shall apply to glassware and weights complying with the fol- 
 lowing specifications : 
 
 (a) Standard milk test bottles. 
 
 Graduation: The total per centum graduation shall be eight. 
 The graduated portion of the neck shall have a length of not less than 
 sixty-three and five-tenths millimeters (two and one-half inches). 
 The graduations shall represent whole per centum, five-tenths per 
 centum, and tenths per centum. The tenths per centum graduation 
 shall not be less than three millimeters in length ; the five-tenths per 
 centum graduations shall be one millimeter longer than the tenths per 
 centum graduations, projecting one millimeter to the left; the whole 
 per centum graduations shall extend at least one-half way around the 
 neck to the right and projecting two millimeters to the left of the 
 tenths per centum graduations. Each per centum graduation shall be 
 numbered, the number being placed on the left of the scale. The 
 error at any point of the scale shall not exceed one-tenth per centum. 
 
 Neck: The neck shall be cylindrical, and the cylindrical shape 
 shall extend for at least five millimeters below the lowest and above 
 the highest graduation mark. The top of the neck shall be flared to 
 a diameter of not less than ten millimeters. 
 
 Bulb: The capacity of the bulb up to the junction of the neck 
 shall not be less than forty-five cubic centimeters. The shape of the 
 
690 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 bulb may be either cylindrical, or conical with the smallest diameter 
 at the bottom. If cylindrical, the outside diameter shall be between 
 thirty-four and thirty-six millimeters; if conical the outside diam- 
 eter of the base shall be between thirty-one and thirty-three milli- 
 meters, and the maximum diameter between thirty-five and thirty- 
 seven millimeters. 
 
 The charge of the bottle shall be eighteen grams. 
 
 The total height of the bottle shall be between one hundred and 
 fifty and one hundred and sixty-five millimeters (five and seven- 
 eighths and six and one-half inches). 
 
 (b) Standard cream test bottles. 
 
 Three types of bottles shall be accepted as standard cream test 
 bottles : A fifty per centum, nine gram, short-neck bottle ; a fifty per 
 centum nine gram, long-neck bottle ; and a fifty per centum, eighteen 
 gram, long-neck bottle. 
 
 Fifty per centum, nine gram, short-neck bottles : 
 
 Graduations : The total per centum graduation shall be fifty. The 
 graduated portion of the neck shall have a length of not less than 
 sixty-three and five-tenths millimeters (two and one-half inches). 
 The graduation shall represent five per centum, one per centum, and 
 five-tenths per centum. The five per centum graduations shall 
 extend at least half way around the neck to the right. The five- 
 tenths per centum graduations shall be at least three millimeters in 
 length, and the one per centum graduations shall have a length inter- 
 mediate between the five per centum and the five-tenths per centum 
 graduations. Each five per centum graduation shall be numbered, 
 the number being placed on the left of the scale. The error at any 
 point of the scale shall not exceed five-tenths per centum. 
 
 Neck: The neck shall be cylindrical and the cylindrical shape 
 shall extend at least five millimeters below the lowest, and five 
 millimeters above the highest graduation mark. The top of the 
 neck shall be flared to a diameter of not less than ten millimeters. 
 
 Bulb : The capacity of the bulb up to the junction of the neck 
 shall not be less than forty-five cubic centimeters. The shape of 
 the bulb may be either cylindrical, or conical with the smallest 
 diameter at the bottom. If cylindrical, the outside diameter shall 
 be between thirty-four and thirty-six millimeters; if conical, the 
 outside diameter of the base shall be between thirty-one and thirty- 
 three millimeters, and the maximum diameter between thirty-five 
 and thirty-seven millimeters. 
 
 The charge of the bottle shall be nine grams. All bottles shall 
 bear on top of the neck, above the graduations, in plainly legible 
 characters a mark defining the weight of the charge to be used 
 (nine grams). 
 
 The total height of the bottle shall be between one hundred and 
 fifty and one hundred and sixty-five millimeters (five and seven- 
 eighths and six and one-half inches), same as standard milk test 
 bottles. 
 
 Fifty per centum, nine gram, long-neck bottles. 
 
 The same specifications in every detail as specified for the fifty 
 per centum, nine gram, short-neck bottle, shall apply for the long- 
 neck bottle, with the exception, however, the total height of this 
 bottle shall be between two hundred and ten and two hundred and 
 
PENNSYLVANIA 691 
 
 thirty-five millimeters (eight and one-fourth and eight and seven- 
 eighths inches), and that the total length of the graduation shall 
 not be less than one hundred and twenty millimeters. 
 Fifty per centum, eighteen gram, long-neck bottles : 
 
 The same specification in every detail as specified for the fifty per 
 centum, nine gram, long-neck bottles, except that the charge of the 
 bottle shall be eighteen grams. All bottles shall bear, on the top of 
 the neck, above the graduation, in plainly legible characters, a mark 
 defining the weight of the charge to be used (eighteen grams). 
 
 (<?) The standard Babcock pipette. 
 
 Total length of pipette, not more than three hundred and thirty 
 millimeters (thirteen and one-fourth inches). Outside diameter of 
 suction tube, six to eight millimeters. Length of suction tube, one 
 hundred and thirty millimeters. Outside diameter of delivery tube, 
 four and five-tenths to five and five-tenths millimeters. Length of 
 delivery tube, one hundred to one hundred and twenty millimeters. 
 Distance of graduation mark above bulb, fifteen to forty-five milli- 
 meters. Nozzle, straight. Delivery, seventeen and six-tenths cubic 
 centimeters of water at twenty degrees Centigrade in five to eight 
 seconds. Maximum error shall not exceed five-hundredths or a 
 cubic centimeter. 
 
 (d) Standard weights. 
 
 The standard weights shall be of nine (9) grams and eighteen 
 (18) grams denominations. 
 
 Sec. 21652. Penalties. — Any person violating any of the provisions 
 of this act shall be guilty of a misdemeanor, and shall be subject to 
 the same penalties as provided in the act to which this is a 
 supplement. 
 
 Sec. 21653. Enforcement. — The bureau of standards of the State of 
 Pennsylvania, through its inspectors of weights and measures, shall 
 be charged with the enforcement of the provisions of this act. 
 
 Sec. 21654. When effective. — The provisions of this act shall take 
 effect January first, one thousand nine hundred and twenty, with the 
 exception that the provisions of section two, as respects the denomi- 
 nations of the glassware therein specified, shall not be held to re- 
 quire the abandonment of the use of glassware of other denomina- 
 tions in use at the time of the passage of this act, provided that the 
 said glassware of other than standard denominations shall have been 
 certified, after examination by the proper officer of the Pennsylvania 
 bureau of standards, to be correct to their graduations. 
 
 Sec. 21656 (1877). Weight of salt per barrel. — All salt manufactured 
 by evaporation, within the limits of this Commonwealth, and put in 
 packages purporting to be a barrel, said package shall contain two 
 hundred and eighty (280) pounds of salt, and this exclusive of the 
 weight of the package. 
 
 Sec. 21658 (1864). Sale of shingles, etc., by the thousand.— It shall 
 not be lawful for any person or persons engaged in the business of 
 purchasing, collecting or furnishing shingles or hoop-poles, shaved 
 hoops, straps, shucks, staves and heading, of any kind of material 
 whatsoever, used in the manufacture of wooden vessels, to demand 
 or deliver more than ten hundred pieces in number for one thousand ; 
 and that when any or either of the above-mentioned articles of lum- 
 ber be purchased or sold by the thousand, it shall be so considered, 
 any custom or usage to the contrary notwithstanding. 
 
692 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 21659 (1817). Standard dimensions of cord of wood in Philadel- 
 phia. — The standard dimensions of a cord of wood or bark for fuel, 
 exposed to sale within the city and county of Philadelphia, shall be 
 eight feet in length, four feet in breadth, and four feet in height, con- 
 taining one hundred and twenty-eight feet, solid measure; but 
 if it shall so happen, before the first day of September next, that 
 any wood brought to market shall be under the average length of 
 four feet, including one-half of the kerf, the deficiency shall be 
 made up in the breadth or height. 
 
 Sec. 21660. Length of cord wood ; piling cord wood ; corder not to buy 
 to sell for profit. — From and after the first day of September next, all 
 cord wood brought to market within the city and county of Phila- 
 delphia, shall be at least four feet in length, including one-half the 
 kerf, and the cord shall be computed at the rate of eight feet in 
 length, four feet in breadth and four feet in height, well stowed and 
 packed, the straight wood shall be placed or caused to be placed 
 by all vendors of cord wood compactly in the lower part of the 
 pile, and the crooked wood in the upper part thereof, and a rea- 
 sonable and fair allowance shall be made by all corders or vendors 
 of wood for the loss sustained by crooked or uneven wood; nor 
 shall any corder of wood purchase any wood for the purpose of 
 selling the same again, by which sale he may derive a compensation 
 or profit; and the same is hereby declared to be unlawful. 
 
 Sec. 21661. Seizure and forfeiture of wood; penalties for violations of 
 act; how recoverable. — From and after the first day of September 
 next if any person shall expose to sale within the 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 ag- 
 grieved 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 of ten dollars; and if 
 any corder shall purchase any wood for the purpose of selling 
 again, he shall forfeit and pay the sum of one hundred dollars, 
 which several penalties and forfeitures may be recovered as debts 
 of a similar amount are by law recoverable before any alderman 
 or justice of the peace within the city, district or township in which 
 the offense shall have been committed, and shall be one-half for 
 the use of the person prosecuting for them, and the other for the 
 guardians of the poor of the said city, district and township. 
 
 Stats., 1920, p. 1473. 
 
 Sec. 15058 (1907). Milk, skim milk, and cream; standard of measure- 
 ment. — On and after the first day of July, one thousand nine hundred 
 and seven, it shall be unlawful for any person, firm, or corporation 
 

 ' PENNSYLVANIA 693 
 
 to sell or offer for sale, or demand from any person offering for sale, 
 either wholesale or retail, within the State of Pennsylvania, any 
 milk, skim-milk, and cream according to any other standard of 
 measurement than that known as the liquid, or wine, measure, con- 
 taining two hundred and thirty-one cubic inches to the gallon : Pro- 
 vided, That nothing in this act will prevent the sale of milk, skim- 
 milk, and cream by weight or percentage of butter-fat. 
 
 Sec. 15059. Violation; penalty. — Every person, iirm, 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, offer- 
 ing, and receiving a greater measure than that specified in the first 
 section of this act, shall be deemed guilty of a misdemeanor, and, 
 upon the conviction thereof in the court of quarter sessions of the 
 proper 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. 
 
 Stats., 1920, p. 1022. 
 
 Sec. 10591 (1901). Weight of kegs of black blasting powder regulated; 
 kegs to be stamped with weight of powder, etc. — On and after the first 
 day of August, anno Domini one thousand nine hundred and one, 
 each and every keg of black blasting powder used, manufactured or 
 sold in and around the coal mines of this Commonwealth, shall contain 
 twenty -five pounds of said black blasting powder, standard weight; 
 every one-half keg shall contain twelve and a half pounds of said 
 black blasting powder, standard weight, and every quarter keg 
 shall contain six and one-quarter pounds of said black blasting 
 powder, standard weight; each of said kegs to be plainly stamped 
 with the name of the person, firm or corporation manufacturing 
 said powder, and also the number of pounds of powder contained 
 in said keg. 
 
 Sec. 10592. Penalty — Any manufacturer or dealer in said black 
 blasting powder, making or selling, or causing to be made or sold, 
 any keg, half-keg or quarter-keg of said black blasting powder con- 
 taining less weight of said powder than specified in this act or 
 which keg shall not be stamped as required in section 1 of this act 
 [section 10591], shall be subject to a penalty of five dollars for each 
 and every keg, half -keg or quarter-keg, manufactured or sold, which 
 does not contain the respective weights of black blasting powder 
 set forth in the foregoing section. 
 
 Stats., 1920, p. 1101. 
 
 Sec. 11272 (1873). Sale of timber on the Ohio.— It shall be lawful 
 for any persons haying timber, boards or other lumber upon the 
 Ohio River, or any of its tributaries, in this State, to sell the same 
 under any measurement they may agree upon, or under measure- 
 ments which may be made by any person or persons whom they and 
 their vendees, under contract, may select, any local law, usage or 
 ordinance to the contrary notwithstanding: Provided, That square 
 timber shall be measured with the usual five-inch hook, unless the 
 parties shall otherwise contract. 
 
694 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Stats., 1920, p. 29. 
 
 Sec. 296 (al917). Sale of fertilizers. — That all corporations, asso- 
 ciations, partnerships, or persons, before selling or offering for sale 
 any commercial fertilizer in the Commonwealth, except the dung 
 of domestic animals, lime, marl, and wood ashes, shall brand or 
 attach to each bag, barrel, or package in a conspicuous place on the 
 outside thereof, a plainly printed statement giving the following 
 particulars and no others : 
 
 (1) The number of pounds of fertilizer contained in the package. 
 
 (2) The name, brand, or trade-mark under which the fertilizer is 
 sold. 
 
 (3) The name and principal address of the manufacturer, im- 
 porter, or other person putting the fertilizer on the market in this 
 Commonwealth. * * * 
 
 Sec. 303 (1915). Department of agriculture. — That every bag, bar- 
 rel, or other package or quantity, of any pulverized limestone, 
 ground oyster shells, artificial carbonate of lime, ground lime^ spray- 
 ing lime, slaked-lime, hydrated lime, hydrated spraying lime, marl, 
 gypsum, or land-plaster, sold, offered, or exposed for sale, within 
 this Commonwealth for use as a soil amendment or as an ingredient 
 or reagent in the preparation of any fungicide or insecticide, shall 
 have attached to it or be accompanied, in the manner provided in 
 section three hereof, by a plainly printed statement giving the name 
 and address of the manufacturer or importer and his place of busi- 
 ness, the brand or trade-name of said material, the net weight of 
 the contents of the package, when sold in package, and a statement 
 declaring, with respect to pulverized limestone, ground oyster shells, 
 and artificial carbonate of lime: (a) The degree of fineness of the 
 material, in terms of the minimum sieve-mesh, expressed in frac- 
 tions of an inch, through which the coarsest particles of said mate- 
 rial can pass; and * * * The provisions of this act shall not, 
 however, apply to air-slaked lime, kiln-slaks, gas-house lime, or 
 tanners' lime, when sold as such. 
 
 Stats., 1920, p. 393. 
 
 Sec. 403 (1909). Concentrated commercial feeding stuffs to bear net 
 weight. — Every barrel, bag, pail, parcel, or other package of con- 
 centrated commercial feeding stuffs, as defined in section two of this 
 act, used for feeding domestic animals, also condimental stock and 
 poultry-food, and patented, proprietary, or trade-marked stock and 
 poultry-food, possessing nutritive value combined with medicinal 
 properties, sold, offered, or exposed for sale, within this State, shall 
 have affixed thereto, in a conspicuous place on the 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 manufacturer or 
 importer, * * * 
 
 Stats., 1920, p. 2056. 
 
 Sec. 21193 (al919). Standard time; Federal time.— On and after the 
 first day of July anno Dqmini one thousand eight hundred and 
 eighty-seven, the mean solar time of the seventy-fifth meridian of 
 longitude west of Greenwich, commonly called eastern standard 
 
PENNSYLVANIA 695 
 
 time, shall be the sole and uniform' legal standard of time through- 
 out this Commonwealth; and on and after the date aforesaid all 
 days shall everywhere be taken to begin and end in accordance with 
 said standards; * * * And provided further, That when the 
 standard time shall be advanced, for any portion of the year, by 
 any act of Congress, now in force or hereafter passed, the time so 
 fixed by such act of Congress shall be the standard time of this 
 Commonwealth for such portion of the year. 
 
 Stats., 1920, p. 1519. 
 
 Sec. 15599 (1883). Cars to be of uniform capacity; to be branded by 
 mine inspector; penalty for violation; exceptions. — At every bituminous 
 coal mine in this Commonwealth, where coal is mined by measure- 
 ment, all cars, filled by miners or their laborers, shall be uniform in 
 capacity at each mine; no unbranded car or cars shall enter the 
 mine for a longer period than three months, without being branded 
 by the mine inspector of the district, wherein the mine is situated ; 
 and any owner or owners, or their agents, violating the provisions 
 of this section, shall be subject to a fine of not less than one dollar 
 per car, for each and every day, as long as the car is not in con- 
 formity with this act; and the mine inspector of the district where 
 the mine is located, on receiving notice from the check-measurer or 
 any five miners Avorking in the mine, that a car or cars are not 
 properly branded, or not uniform in capacity, according to law, are 
 used in the mine where he or they are employed, then, inside of 
 three days from the date of receiving said notice, it shall be his 
 duty to enforce the provisions of this section, under penalty of ten 
 dollars for each and every day he permits such car or cars to enter 
 the mine: Provided, That nothing contained in this section shall 
 be construed or applied to those mines wh[ich] do not use more 
 than ten cars. 
 
 Sec. 15600. Miners may employ check- weighman or measurer. — -At 
 every bituminous coal mine in this Commonwealth, where coal is 
 mined by weight or measure, the miners, or a majority of those 
 present at a meeting called for that purpose, shall have the right to 
 employ a competent person as check- weighman or check-measurer, 
 as the case may require, who shall be permitted at all times to be 
 present at the weighing or measurement of coal, also have power to 
 weigh or measure the same, and during the regular working hours 
 to have the privilege to balance and examine the scales, or measure 
 the cars: Provided, That all such balancing and examination of 
 scales shall only be done in such way, and in such time, as in no way 
 to interfere with the regular working of the mines. And he shall 
 not be considered a trespasser during working hours, while attend- 
 ing to the interests of his employers. And in no manner shall he be 
 interfered with or intimidated by any person, agent, owner or miner. 
 And any person violating these provisions shall be held and deemed 
 guilty of a misdemeanor, and, upon conviction thereof,, he shall be 
 punished by a fine of not less than twenty dollars, and not exceed- 
 ing one hundred dollars, or imprisonment, at the discretion of the 
 court. It shall be a further duty of [the] check- weighman or check- 
 measurer, to credit each miner with all merchantable coal mined by 
 him, on a proper sheet or book to be kept by him for that purpose. 
 When differences arise between the check-weighman or check-meas- 
 
696 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 urer and the agent or owners of the mine, as to the uniformity, 
 capacity or correctness of scales or cars used, the same shall be 
 referred to the mine inspector 6 of the district where the mine is 
 located, whose duty it shall be to regulate the same at once ; and in 
 the event of said scales or cars proving to be correct, then the party 
 or parties applying for the testing thereof shall bear all costs and 
 expenses thereof; but if not correct, then the owner or owners of said 
 mine to pay the costs and charges of making said examination : 
 Provided, further, That should any weighman or weighmen, agent 
 or check-measurer, whether employed by operators or miners, know- 
 ingly, or willfully adopt or take more or less pounds for a bushel 
 or ton than as provided for in the first section of this act, or will- 
 fully neglect the balancing or examining of the scales or cars, or 
 knowingly and willfully weigh coal with an incorrect scale, he 
 shall be guilty of a misdemeanor, and, upon conviction thereof, 
 shall be imprisoned in the county jail for three months. 
 
 Sec. 15601 (1897). Screening bituminous coal before weighing prohib- 
 ited. — It shall be unlawful for any mine owner, lessee or operator of 
 any bituminous coal mine in this Commonwealth, employing miners 
 at bushel or ton rates, or other quantity, to pass the output of coal 
 mined by said miners over any screen or other device which shall 
 take any part from the weight, value or quantity thereof, before 
 the same shall have been weighed and duly credited to the employee 
 sending the same to the surface and accounted for at the legal rate 
 of weight fixed by the laws of this Commonwealth. 
 
 Sec. 15602. Violation of this act declared a misdemeanor. — Any owner, 
 lessee or operator of any bituminous coal mine, violating the pro- 
 visions of this act, shall be deemed guilty of a misdemeanor, and 
 shall, upon conviction, for each and every such offense, be punished 
 by a fine of not less than one hundred ($100) dollars nor more than 
 five hundred ($500) dollars, or by imprisonment in the county jail 
 for a period not to exceed ninety days, or by both such fine and 
 imprisonment, at the discretion of the court; proceedings to be 
 instituted in any court of competent jurisdiction. 
 
 Sec. 15606 (1883). Miners to be paid for the quantity of coal mined, 
 irrespective of size; weight of bushel; ton; contracts for measuring. — 
 Any miner employed by an individual, firm or corporation for the 
 purpose of mining coal, shall be entitled to receive from his em- 
 ployer, and failing to receive, then to collect, by due process of 
 law at such rates as may have been agreed upon between the 
 employer and the employed, full and exact wages accruing to him 
 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 
 deemed one bushel, and two thousand pounds net, shall be deemed 
 one ton of coal : Provided, That nothing contained in this act shall 
 be construed to prevent operators and miners contracting for any 
 method of measuring and screening the coal mined by such miners, 
 as they may contract for. 6 
 
 5 See section 21547, p. 667, relative to inspection of mine scales by State bureau of 
 standards. 
 
 8 This proviso would seem to be repealed as to bituminous coal mines bv the act of 
 July 15, 1897, P. L. 286, 15601, 15602. 
 
PHILIPPINE ISLANDS 
 
 Administrative Code, 1917, Vol. 2, Art. IX, p. 8. 
 
 Sec. 32 (al917). Standard weights and measures in Philippine 
 Islands. — The weights and measures to be used throughout the Philip- 
 pine Islands are those of the metric system, with the following units : 
 
 (a) The unit of length is the standard meter, being the one ten- 
 millionth part of the distance from the Equator to the pole. 
 
 (i) The unit of area is either the square meter or an area of one 
 hundred square meters known as the are. 
 
 (c) The unit of cubical contents or capacity is either the cubic 
 meter or the one-thousandth part thereof known as the liter. 
 
 (d) The unit of weight is the gram. 
 
 The length of the standard meter shall be determined for the 
 Philippine Islands by the length at the temperature of zero degrees 
 centigrade of the fundamental standard measure numbered seventy- 
 one, now preserved in the bureau of science and certified to by the 
 International Bureau of Weights and Measures. 
 
 The weight of the standard gram shall be determined for the 
 Philippine Islands by the weight at Manila of one-millionth of a 
 cubic meter of pure water at the temperature of four degrees centi- 
 grade, or the one-thousandth part of the standard kilogram certified 
 to by the International Bureau of Weights and Measures, desig- 
 nated by the symbol " L " and now preserved in the bureau of 
 science. 
 
 Sec. 33. Requirement as to use of metric system. — The metric system 
 of weights and measures, with its recognized scales, shall be used 
 in all contracts, deeds, and other instruments publicly and officially 
 attested, and in all official documents; and, except as hereinbelow 
 provided, only weights and measures of the metric system shall be 
 officially sealed and licensed. 
 
 In the purchase and sale of manufactured lumber the English 
 system of measures may be employed ; and in ordering commodities 
 or articles from abroad such weights and measures may be employed 
 as are commonly used in the country to which the order is sent or 
 from which the goods are shipped. 
 
 Administrative Code, 1917, Vol. 2, ch. IX, p. 399. 
 
 Sec. 1521 (al917). Sealing and licensing of weights and measures. — 
 The duties incident to the official inspection of weights and measures, 
 and the sealing and licensing of the same for use, shall be performed 
 under the supervision of the bureau of internal revenue. 
 
 Sec. 1522. Fees for sealing linear metric measures. — Fees for sealing 
 linear measures of the metric system shall be as follows : 
 
 (a) Measures not over one and one-half meters, ten centavos. 
 
 (b) Measures over one and one-half meters, twenty centavos. 
 
 697 
 
698 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 1523. Fees for sealing English linear measures. — Fees for sealing 
 linear measures of the English system, allowable only when such 
 measures are to be used in measuring manufactured lumber, shall 
 be as follows: 
 
 (a) Measures not over one yard, ten centavos. 
 
 (b) Measures over one yard, twenty centavos. 
 
 Sec. 1524. Fees for sealing metric measures of capacity. — Fees for 
 sealing metric measures of capacity shall be as follows: 
 
 (a) For a measure not over ten liters, twenty centavos. 
 
 (b) For a measure over ten liters, thirty centavos. 
 
 Sec. 1525. Fees for sealing metric measures of capacity.- — Fees for seal- 
 ing instruments for determining weight graduated solely in the 
 metric system shall be as follows: 
 
 (a) Those having a capacity of over three thousand kilograms, 
 three pesos. 
 
 (b) Those having a capacity of not over three thousand but over 
 three hundred kilograms, one peso and twenty centavos. 
 
 (c) Those having a capacity of not over three hundred but more 
 than thirty kilograms, sixty centavos. 
 
 (d) Those with a capacity not greater than thirty kilograms, 
 thirty centavos. 
 
 For an apothecary balance or other balance of precision the charge 
 shall be doubled. 
 
 With each scale or balance a complete set of weights for use there- 
 with shall be sealed free of charge. For each extra weight she 
 charge shall be five centavos. 
 
 Sec. 1526. Form and duration of license for use of weights and meas- 
 ures. — The receipt for the fee charged for the sealing of weights and 
 measures shall serve as a license to use such instrument for one year 
 from the date of sealing, unless deterioration or damage occurs in 
 that period which renders the weight or measure inaccurate. Such 
 receipt shall be preserved by the owner and shall be exhibited on 
 demand of any internal-revenue officer. 
 
 Sec. 1527. Secondary standards preserved by provincial treasurers; test- 
 ing of same. — For use in the testing of weights and measures in the 
 Provinces, provincial treasurers shall keep full sets of secondary 
 standards in the provincial buildings. The collector of internal 
 revenue shall be responsible for the inspection and proper testing of 
 all provincial and municipal standards of weight and measure. 
 
 Sec. 1528. Comparison of secondary and fundamental standards. — The 
 comparison of the secondary and fundamental standards shall be 
 made in the bureau of science at the instance of the collector of 
 internal revenue. When found to be sufficiently accurate the sec- 
 ondary standard shall be distinguished by a label, tag, or seal and 
 shall be accompanied by a certificate showing the amount of its 
 variation from the fundamental standard. If the variation is of 
 sufficient magnitude to impair the utility of the instrument, it shall 
 be destroyed in the bureau of science. 
 
 Sec. 1529. Inspectors of weights and measures. — Internal-revenue 
 agents shall inspect and test balances or scales, weights and measures, 
 and report upon the condition thereof in the territory assigned to 
 them. It shall be their duty to collect evidence of infringements of 
 the law or of fraud in the use of weights and measures or of neglect 
 
PHILIPPINE ISLANDS 699 
 
 of duty on the part of any officer engaged in sealing weights and 
 measures. Evidence so collected by them shall be presented forth- 
 with to the collector of internal revenue and also to the proper 
 prosecuting officer. 
 
 Sec. 1530. Sealers of weights and measures. — The sealing and licens- 
 ing of weights and measures shall be the duty of the provincial 
 treasurers and their deputies, and for the purposes of this law such 
 officers shall be termed sealers of weights and measures. 
 
 Sec. 1531. Destruction of defective instrument of weight or measure. — 
 Any defective instrument of weight or measure may be destroyed by 
 any inspector or sealer of weights and measures if its defect is such 
 that it can not readily and securely be repaired. 
 
 Sec. 1532. Testing of instruments used in Government work. — All 
 measures and instruments for determining weight used in the Gov- 
 ernment work or maintained for public use by any Province or 
 municipality shall be tested and sealed free of charge. 
 
 Sec. 1533. Dealer's permit to keep unsealed weights and measures. — 
 Upon obtaining written permission from the collector of internal 
 revenue any dealer may keep instruments of weight and measure in 
 stock for sale without sealing, until sold or used. 
 
 Administrative Code, 1917, Vol. 2, ch. 19, Art. Ill, p. 143. 
 
 Sec. 485. Disposition of fees for sealing weights and measures. — The 
 proceeds of fees for the sealing and licensing of weights and meas- 
 ures shall accrue equally to the Province and municipality wherein 
 collected. 
 
 Administrative Code, 1917, Vol. 2, Art. XII, p. 749. 
 
 Sec. 2732 (al917). Fraudulent practices relative to weights and meas- 
 ures. — Any person other than an official sealer of weights and meas- 
 ures who places an official tag or seal upon any instrument of weight 
 or measure, or attaches it thereto, and any person who fraudulently 
 imitates any mark, stamp, brand, tag, or other characteristic sign 
 used to indicate that weights and measures mentioned therein have 
 been officially sealed; or who alters in any way the certificate given 
 by the sealer as an acknowledgment that the weights and measures 
 mentioned therein have been duly sealed, or who makes or knowingly 
 sells or uses any false or counterfeit stamp, tag, certificate, or license, 
 or any die for printing or making stamps, tags, certificates, or 
 licenses, which is an imitation of or purports to be a lawful stamp, 
 tag, certificate, or license of the kind required by the provisions of 
 the internal revenue law, or who alters the written or printed figures 
 or letters on any stamp, tag, certificate, or license used or issued or 
 who has in his possession any such false, counterfeit, restored or 
 altered stamp, tag, certificate, or license for the purpose of use or 
 reuse of the same in the payment of fees or charges imposed in the 
 internal revenue law, or who procures the commission of any such 
 offense by another, shall for each such offense be fined not less than 
 two hundred pesos nor more than ten thousand pesos and shall be 
 imprisoned for not less than one month nor more than five years, in 
 the discretion of the court. 
 
 Sec. 2733. Unlawful possession or use of instrument not sealed within 
 twelve months. — Any person making a practice of buying or selling 
 
700 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 goods by weight or measure, or of furnishing services the value of 
 which is estimated by weight or measure, who has in his possession 
 without permit any scale, balance, weight, or measure which has 
 not been officially sealed within twelve months, and any person who 
 uses in any purchase or sale or in estimating the value of any service 
 furnished any such instrument that has not been officially sealed 
 within the same period shall be punished by a fine not exceeding five 
 hundred pesos or by imprisonment for not exceeding one year, or by 
 both, in the discretion of the court ; but if such scale, balance, weight, 
 or measure so used has been officially sealed at some previous time 
 and the seal and tag officially affixed thereto remain intact and in 
 the same position and condition in which they were placed by the 
 official sealer, and the instrument is found not to have been altered 
 or rendered inaccurate but still to be sufficiently accurate to war- 
 rant its being sealed without repairs or alteration such instrument 
 shall, if presented for sealing promptly on demand of any author- 
 ized sealer or inspector of weights and measures, be sealed, and the 
 owner, possessor, or user of same shall be subject to no penalty 
 except a surcharge equal to five times the regular fee fixed by law 
 for the sealing of an instrument of its class, this surcharge to be 
 collected and accounted for by the same official and in the same 
 manner as the regular fees for sealing such instruments. 
 
 Sec. 2734. Alteration or fraudulent use of instrument of weight or 
 measure. — Any person who with fraudulent intent alters any scale or 
 balance, weight, or measure after it is officially sealed, or who know- 
 ingly uses any false scale or balance, weight or measure, whether 
 sealed or not, shall be punished by a fine of not less than two hun- 
 dred pesos nor more than four thousand pesos or by imprisonment 
 for not less than three months nor more than two years, or both. 
 
 Any person who fraudulently gives short weight or measure in 
 the making of a sale, or who fraudulently takes excessive weight or 
 measure in the making of a purchase, or who, assuming to determine 
 truly the weight or measure of any article bought or sold by weight 
 or measure, fraudulently misrepresents the weight or measure there- 
 of, shall be punished by a fine of not less than fifty pesos nor more 
 than two thousand pesos or by imprisonment for not less than three 
 months nor more than two years, or both. 
 
 Sec. 2735. Payment of informers. — Any person, except an internal- 
 revenue agent or officer or other public official engaged in sealing or 
 inspecting weights and measures who voluntarily gives information 
 leading to the arrest and conviction of anyone violating the provi- 
 sions of the internal revenue law relative to weights and measures 
 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. 
 The informer shall be ascertained and stated in the judgment of the 
 court and the reward paid shall be a charge against the funds of the 
 province in which the arrest and conviction is had and the munici- 
 pality concerned, in the proportion in which the weights and meas- 
 ures fees accrue to each, but to prevent delay in payment the prov- 
 ince shall initially pay the entire amount and subsequently secure 
 reimbursement of the municipality's share. 
 
PHILIPPINE ISLANDS 701 
 
 Administrative Code, 1917, Vol. 2, Art. XVII, p. 292. 
 
 Sec. 1116 (al917). When article deemed to be misbranded. — * * * 
 For the purposes hereof an article shall also be deemed to be mis- 
 branded: * * * 
 
 (b) In the case of food: * * * 
 
 Thirdly. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure, or numerical count ; but reasonable varia- 
 tions shall be permitted, and tolerances and also exemptions as to 
 small packages shall be established by proper regulations. 
 
 Administrative Code, 1917, Vol. 2, Art. VIII, p. 397. 
 
 Sec. 1509 (al917). Measuring of forest products and collection of 
 charges thereon. — The duties incident to the measuring of forest prod- 
 ucts and the collection of the charges thereon shall be discharged by 
 the bureau of internal revenue, under the regulations of said bureau. 
 
 Employees of the bureau of forestry may be deputized by the 
 collector of internal revenue for the performance of duties incident 
 to the measuring and invoicing of forest products when the direc- 
 tor of forestry deems such course advisable for the protection of 
 the forest revenues and is willing to supply the services of such 
 employees at the expense of the bureau of forestry. 
 
 Sec. 1510. Mode of measuring timber. — Except as hereinbelow pro- 
 vided, all timber shall be measured and manifested in the round or 
 squared, before being sawn or manufactured. The volume of all 
 round timber shall be ascertained by multiplying the area of the 
 small end by the length of the log, the diameter of the log to be 
 measured exclusive of the bark ; but if the end of a log is irregular, 
 the average diameter shall be used, and in order to ascertain the 
 volume of a log more than eight meters long, the diameter of the 
 middle of said log, or the average of the diameters at both ends 
 thereof shall be used as basis. If a log in the round, cut under 
 license, is measured and manifested by forest officers, the director 
 of forestry shall make due allowance for rot, cavities, or other 
 natural defects; but from any decision of the director of forestry in 
 this respect, an appeal shall lie to his department head, whose de- 
 cision shall be final. The manifest of timber cut by licensees oper- 
 ating sawmills in or near the forest shall be attested by forest officers 
 whenever practicable. 
 
 Licensees with sawmills may measure their timber or cause or 
 allow the same to be measured after it is sawn, provided they pay 
 for each thousand board feet of lumber of the first and second groups 
 a sum of not less than ten pesos, and of the other groups of not less 
 than five pesos, as forestry charges, in the discretion of the director 
 of forestry and after agreement with the same, with the approval of 
 his department head. These agreements shall be for one year, but 
 shall be subject to renewal. 
 
 The volume of squared timber shall be ascertained by multiply- 
 ing the average of the cross section measured by the length, to which 
 twenty-five per centum shall be added for loss in squaring. The 
 privilege of manifesting timber after squaring shall, however, be 
 granted only to licensees who have squared their logs in the forest 
 with the ax and intend to take it to the market in this form. 
 
PORTO RICO 
 
 Laws, 1913-14, Act. 135, p. 100. 
 
 Sec. 1, as amended by Laws, 1919, Act. 4, p. 104. Metric system and 
 imperial system; contracts, how construed. — That the metric system of 
 weights and measures, and the imperial system customarily used in 
 the United States in so far as the same are described by this act, are 
 hereby recognized and established in Porto Rico for use in all in- 
 dustrial and commercial transactions as hereinafter defined in sec- 
 tion 16 of this act, and except as hereinafter expressly authorized; 
 and it shall be unlawful in any of said transactions to use any other 
 systems, or to use any units of weight or measure not recognized and 
 established as a part of the said systems: Provided, however, That 
 no contract or agreement, entered into prior to the approval of this 
 act, which contains a description of or reference to weights or meas- 
 ures not authorized by this act, shall be vitiated by reason of such an 
 unauthorized description or reference. 
 
 Sec. 2. Units of measure. — In the metric system the standard meter 
 is the unit of measure of length and surface from which all other 
 measures of extension, whether lineal, superficial or solid, are de- 
 rived and ascertained. The meter is divided into ten equal parts 
 called decimeters, into one hundred equal parts called centimeters, 
 and into one thousand equal parts called millimeters. The dekameter 
 contains ten meters, the hectometer one hundred meters, the kilometer 
 one thousand meters, and the myriameter ten thousand meters. 
 
 Sec. 3. Liter is unit for liquids. — In the metric system the standard 
 liter is the unit of measure for liquids from which all other measures 
 of liquids are derived and ascertained, and is equal to one cubic deci- 
 meter. The liter is divided into ten equal parts called deciliters, into 
 one hundred equal parts called centiliters, and into one thousand 
 equal parts called milliliters. The dekaliter contains ten liters, the 
 hectoliter one hundred liters, and the kiloliter one thousand liters. 
 
 Sec. 4, as amended by Laws, 1913-14, Act No. 3, p. 134. Cubic meter is 
 unit for cubic measure; hectare for land measure. — In the metric sys- 
 tem the unit of cubic measure or volume is the standard cubic 
 meter, this being a cube whose edges are each one meter in length. 
 The cubic meter contains one thousand cubic decimeters, the cubic 
 decimeter one thousand cubic centimeters, and the cubic centimeter 
 one thousand cubic millimeters. 
 
 The hectare for land measure contains ten thousand square meters ; 
 the are contains one hundred square meters and the centare one 
 square meter. In land measurements and records the measurement by 
 cuerda customarily used in Porto Rico, which shall be equivalent to 
 3,930.395625 square meters, may also be used. All land measure- 
 ments shall be based upon horizontal extension. 
 
 Sec. 5. Gram is unit of weight. — In the metric system the standard 
 gram is the unit or standard of weight from which all other weights 
 are derived and ascertained and is equal to the weight in a vacuum 
 
 702 
 
POETO RICO 703 
 
 of one cubic centimeter of pure water at its maximum density. The 
 gram is divided into ten equal parts called decigrams, into one hun- 
 dred equal parts called centigrams, and into one thousand equal parts 
 called milligrams. The dekagram contains ten grams, the hectogram 
 one hundred grams, the kilogram one thousand grams, the myria- 
 gram ten thousand grams, the quintal one hundred thousand grams 
 and the millier or tonneau one million grams. 
 
 Sec. 6. Yard is unit of length in imperial system. — In the imperial 
 system the standard yard is the unit of measure of length and sur- 
 face from which all other measures of extension, whether lineal, 
 superficial or solid, are derived and ascertained. The yard contains 
 0.914402 meters. The yard is divided into three equal parts called 
 feet, and each foot into twelve equal parts called inches. 
 
 Sec. 7, as amended by Laws, 1917, Act No. 37, p. 204. Gallon is stand- 
 ard of capacity in American system. — In the American system the 
 standard gallon is the unit of standard measure of capacity for 
 liquids from which all other measures of liquids are derived and 
 ascertained. The gallon is equal to 3.78543 liters. The American 
 gallon is divided into four equal parts called quarts, each quart into 
 two equal parts called pints, and each pint into four equal parts 
 called gills. 
 
 Sec. 8. Pound is unit of weight in imperial system. — In the imperial 
 system the unit or standard of weight, from which all other weights 
 are derived and ascertained, is the imperial pound, equal to 0.45359 
 kilograms. The imperial pound is divided into sixteen equal parts 
 called ounces ; the hundredweight consists of one hundred pounds, the 
 short ton of twenty hundred pounds, and the gross or long ton of 
 2,240 pounds. 
 
 Sec. 9. Official standards; set to be furnished each municipal district. — 
 A full set of said weights and measures shall be kept in the office 
 of the secretary of Porto Rico as the official standards, and said 
 official shall furnish such test sets thereof as may be required for 
 the enforcement of this act to the alcalde and to each district chief 
 or other police officer in command in each municipal district of the 
 island to be kept in their custody. 
 
 Sec. 10. Secretary to enforce act; and to prescribe rules and regula- 
 tions; testing and sending of apparatus; may be condemned and seized, 
 when. — That the secretary of Porto Rico shall be charged with the 
 duty of supervising the enforcement of this act. He shall prescribe 
 rules and regulations not inconsistent therewith, providing for the 
 periodical inspection, examination, testing and regulating, and seal- 
 ing, marking or approving when correct of all weights and meas- 
 ures, scales, beams, steelyards, or other instruments, apparatus or 
 appliances, used or adapted for use in ascertaining weight or meas- 
 ure in any industrial or commercial transaction, and for the per- 
 formance of such other duties as may, in his judgment, be required 
 for the enforcement of this act; and in accordance with such rules 
 and regulations all alcaldes, or their authorized agents, prior to the 
 first day of January, 1914, shall examine, test, regulate or cause to 
 be examined, tested, or regulated, and when correct shall seal, mark, 
 or approve or shall cause to be sealed, marked, or approved, all 
 such weights or measures, scales, beams, steelyards, or other instru- 
 
 517—27 45 
 
704 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ments, apparatus, or appliances used, or adapted for use in ascertain- 
 ing weight or measure in any industrial or commercial transaction, 
 within their respective municipal districts. In the event of any 
 alcalde failing to comply with the duty hereinbefore specified, or 
 failing to cause the same to be complied with, said duty shall be per- 
 formed under the direction of the secretary of Porto Rico prior to 
 February 1, 1914. If, after the first day of February, 1914, any 
 weight or measure, scale, beam, steelyard, or other instrument, ap- 
 paratus or appliance, used or adapted for use in ascertaining weight 
 or measure in any industrial or commercial transaction has not been 
 sealed, marked, or otherwise approved as required by this act and the 
 regulations prescribed thereunder, or does not conform to the stand- 
 ards herein prescribed, any alcalde, police officer, or other duly 
 authorized person to whose attention such delinquency shall come 
 shall forthwith seize the same and shall file complaint in a court of 
 competent jurisdiction against the owner, or user thereof and 
 against all other persons guilty of any violation of this act in con- 
 nection therewith. The seized article or articles shall be held as 
 evidence and in the event of a conviction of the owner or user there- 
 of or of any other person guilty of any violation of this act in con- 
 nection therewith, the same shall be forfeited to the people of Porto 
 Rico and shall be disposed of as directed by the secretary of Porto 
 Rico. Any weight, measure, scale, beam, steelyard, or other in- 
 strument, apparatus, or appliance used, or adapted for use, in ascer- 
 taining weight or measure in any industrial or commercial trans- 
 action, which shall at any time be found to register or indicate or 
 show a false or short weight or measure, shall be seized and dis- 
 posed of in the same manner. 
 
 Sec. 11. Duty of alcalde regarding testing and sealing. — That after 
 February 1, 1914, upon the request of any person owning or using 
 any weight, measure, scale, beam, steelyard, or other instrument, 
 apparatus or appliance used, or adapted for use, in ascertaining 
 weight or measure in any industrial or commercial transaction, the 
 alcalde of the municipal district in which the same is located, shall 
 examine, test, regulate, and when correct seal, mark or approve the 
 same in accordance with the regulations prescribed under this act, 
 or cause the same to be done ; and if any alcalde fails to perform this 
 duty within fifteen days after the receipt of any such request, said 
 duty shall be performed under the direction of the secretary of 
 Porto Rico upon application filed with him. 
 
 Sec. 12. Use of unsealed apparatus prohibited. — That from and after 
 the first day of February, 1914, no weight, measure, scale, beam, 
 steelyard, or other instrument, apparatus or appliance for ascer- 
 taining weight or measure, shall be used in any industrial or com- 
 mercial transaction until the same has been inspected, tested and 
 sealed, or otherwise marked as provided in this act : Provided, That 
 if the marking or sealing of any such instrument, apparatus, or ap- 
 pliance is not practicable or would be injurious or destructive thereto, 
 such marking or sealing may be omitted and the approval thei'eof 
 indicated in such manner as shall be prescribed by the regulations 
 provided for in this act. 
 
 Sec. 13. Apparatus to be exhibited, when. — It shall be the duty of 
 . every person, when called upon, to exhibit to any authorized person 
 
POKTO RICO 705 
 
 all weights, measures, scales, beams, balances, steelyards or other 
 instruments, apparatus or appliances used or intended to be used 
 or adapted for use in ascertaining weight or measure in any indus- 
 trial or commercial transaction, and to permit the said person to 
 examine, test, regulate, and seal or mark the same. 
 
 Sec. 14. Apparatus not conforming to standards, prohibited. — No per- 
 son shall use, cause or permit to be used, any weight or measure, 
 scale, beam, balance, steelyard, or other instrument, apparatus or 
 appliance in ascertaining weight or measure in any industrial or 
 commercial transaction, which does not conform to the standard 
 weights and measures prescribed by this act, and no person shall 
 use, cause or permit to be used in any industrial or commercial 
 transaction, any scale, beam, steelyard, or other instrument, appara- 
 tus or appliance for ascertaining weight or measure which registers, 
 shows or indicates a false weight or measure. 
 
 Sec. 15, as amended by laws, 1917, Act No. 37, p. 204. Using or giving 
 of false weight or measure prohibited. — No person shall give or permit 
 to be given any false or short weight or measure in the purchase, 
 sale or transfer of any goods, wares or merchandise, and no person 
 shall use, or permit to be used, any false weight or measure, in any 
 industrial or commercial transaction as a basis for compensation 
 in the purchase, sale, transfer or transportation of any goods, wares 
 or merchandise. 
 
 Sec. 16, as amended by Laws, 1919, Act. 4, p. 104. Transactions in- 
 volving weights or measure, how conducted; proviso. — All transactions 
 involving the purchase, sale, transfer or transportation of any prop- 
 erty or of any goods, wares or merchandise, or the purchase or sale 
 of any work, task or service the value of which is computed by the 
 use of measures of weight or any other measure except that of time, 
 shall be conducted in accordance with the weights and measures 
 authorized by this act : Provided, That the purchase and sale of such 
 goods, wares and merchandise, as are usually or customarily sold or 
 dealt in by the article, piece or number, shall not constitute a viola- 
 tion of this act, nor the use of the measure known as " cuerda " when 
 the same is employed in agricultural job work. 
 
 Sec. 17, as amended by Laws, 1914, Act No. 7, p. 137. Net weight to be 
 marked ; variations or tolerances. — That from and after the first day of 
 February, 1914, all goods, wares, or merchandise in boxes, packages, 
 bundles, or containers which shall be the object of industrial or com- 
 mercial transactions, shall have the net weight or quantity thereof 
 contained in said boxes, packages, bundles, or containers plainly 
 marked upon the outside of such boxes, packages, bundles, or con- 
 tainers, and it shall be unlawful to keep for the purpose of sale, offer 
 or expose for sale or sell any such goods, wares or merchandise 
 which aie not so marked. Each sale of any such goods, wares or 
 merchandise not so marked shall be deemed to be a separate and 
 distinct offense : Provided, however, That any such goods, wares or 
 merchandise not 'marked as required above, which at the time of 
 passage of this act, are in Porto Rico, in the stock of manufacturers 
 of, or dealers in, such goods, wares, or merchandise, or are already 
 shipped and on the way to Porto Ilico, may be kept for the pur- 
 pose of sale, offered or exposed for sale or sold until September 1, 
 1914 : And provided further, That the manner of marking of boxes, 
 
706 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 packages, bundles or containers, and that reasonable variations or 
 tolerances on boxes, packages, bundles or containers and also ex- 
 emptions as to small boxes, packages, bundles or containers, may be 
 established by rules and regulations prescribed by the secretary of 
 Porto Rico. 
 
 Sec. 18. Stamping of false weights or measure prohibited. — No person 
 shall mark or stamp, or permit or cause to be marked or stamped, 
 any false or short weight or measure, or any false tare upon any 
 box, package, bundle or container in which goods, wares or merchan- 
 dise are packed or sold, or intended to be sold or offered for sale. 
 
 Sec. 19. Altering or using changed weight or measure prohibited. — 
 No person shall change or alter, or permit to be changed or altered, 
 or use or permit to be used after the same has been changed or 
 altered, any weight, measure, scale, beam, steelyard or other instru- 
 ment, apparatus or appliance for weighing or measuring, after the 
 same has been officially examined, tested and regulated and sealed, 
 marked or approved as provided by this act or the regulations pre- 
 scribed in accordance therewith. 
 
 Sec. 20. Violation; penalty. — Any person violating any of the fore- 
 going provisions of this act or of the rules and regulations prescribed 
 in pursuance thereof and any person who as employer or as an officer, 
 director, stockholder or agent of any corporation, or as a member of 
 any firm or partnership or otherwise shall direct, order, permit, or 
 consent to any infraction of the foregoing provisions of this act, or 
 of the said rules and regulations, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof, by a court of competent 
 jurisdiction, shall be punished for the first offense, by a maximum 
 fine of fifty dollars or by imprisonment not to exceed fifty days and 
 for the second offense by a fine of not less than fifty dollars nor more 
 than two hundred and fifty dollars, or by imprisonment for a term 
 not to exceed ninety days, and for subsequent offenses by a fine of not 
 less than two hundred dollars nor more than five hundred dollars and 
 by imprisonment for not more than one year. 
 
 Sec. 21. Sealing or approving apparatus not conforming to standards. — 
 Any person charged with the enforcement of this act or the regula- 
 tions thereunder prescribed or responsible therefor who shall mark, 
 seal or approve as conforming to the standards established by this 
 act any weight or measure, scale, beam, steelyard, or other instru- 
 ment, apparatus or appliance used or adapted for use in ascertaining 
 weight or measure in any industrial or commercial transaction which 
 does not so conform, or who shall mark, seal, or otherwise approve 
 as accurate any weight or measure, scale, beam, steelyard or other 
 instrument, apparatus or appliance used or adapted for use in ascer- 
 taining weight or measure in any industrial or commercial trans- 
 action which indicates, shows, or registers a false weight or measure, 
 or who, having knowledge of or information as to the ownership or 
 use of, or other responsibility for any such instrument, apparatus, or 
 appliance, fails to seize the same if within his power to do so, or 
 fails to file appropriate charges in the proper court or with the 
 fiscal of the district in which the offense occurs, shall be deemed 
 guilty of a misdemeanor and upon conviction thereof in a court of 
 competent jurisdiction, shall be punished by a fine of not less than 
 two hundred and fifty dollars nor more than one thousand dollars 
 
PORTO EICO 707 
 
 and by imprisonment for not less than six months nor more than 
 three years. 
 
 Sec. 22. Previous violations may be submitted in evidence, when. — 
 Upon the trial of any person for the violation of any provision of 
 this act or of any regulation duly prescribed thereunder, previous 
 and other violations of said act or such regulations may be proved 
 and received in evidence. 
 
 Sec. 23. Appropriation. — That there is hereby appropriated, out of 
 any funds in the insular treasury not otherwise appropriated, the 
 sum of fifteen thousand dollars, or such part thereof as may be 
 necessary, to be expended under the direction of the secretary of 
 Porto Rico to carry out the provisions of this act and the regulations 
 prescribed thereunder. 
 
 Laws, 1917, Act No. 13, p. 128. 
 
 Sec. 1. Standard loaf of bread. — That a loaf of bread weighing one 
 pound avoirdupois or 453 grams, shall be the standard loaf of bread 
 in Porto Rico. 
 
 Sec. 2. Other size loaves, how labeled; variations or tolerances, how 
 established. — That any loaf of bread sold or offered for sale in Porto 
 Rico, weighing more or weighing less than the standard loaf of 
 one pound or 453 grams, shall be labeled in plain and intelligible 
 English or Spanish words and figures with its correct weight and 
 the name of its manufacturer : Provided, That the chief of the 
 bureau of weights and measures shall establish reasonable variations 
 or tolerances, as to weight of the loaves appearing on the labels 
 thereof. 
 
 Sec. 3. Net weight label to show price of standard loaf, when. — That 
 whenever a loaf of bread is sold or offered for sale, weighing more 
 or weighing less than one pound or 453 grams, the net-weight label 
 of said loaf shall also indicate the price of the standard loaf fol- 
 lowed by the words " per pound," and the price of said loaf shall 
 be the same proportional part of the price of the standard loaf as the 
 weight of the loaf in question is of the weight of the standard loaf 
 marked on the label : Provided, That the price per loaf shall not 
 include any fractional part of one cent. 
 
 Sec. 4. Penalty, — That any person, firm or corporation who by 
 himself or by his servant or agent violates any of the foregoing pro- 
 visions of this act, shall be guilty of a misdemeanor and shall be 
 subject to the same penalties as provided for in the weights and 
 measures act in force in Porto Rico. 
 
 Laws, 1912, Act No. 36, p. 70. 
 
 Sec. 1. Paint, denned. — That the term " paint " within the meaning 
 of this act shall include all materials which are designated for ap- 
 plication to the surface of wood, metal, concrete, cement or plaster 
 to produce an ornamental or protective coating. 
 
 Sec. 2. Containers of paint to be marked with weight or measure. — 
 Each container of paint that shall be sold or exposed or offered 
 for sale in Porto Rico shall show on the outside thereof the name 
 and address of the manufacturer or distributor thereof or of 
 the party for whom it is manufactured and shall show, in the case 
 of paint in paste or semipaste form, the net weight in pounds or 
 fraction thereof, and in the case of liquid paint, the net measure of 
 
708 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the contents in gallons or parts thereof; and no paint shall be 
 labeled, branded, marked or advertised in such manner as to deceive 
 or tend to deceive any person as to its nature or composition. 
 
 Sec. 3. Violation; penalty. — Any person, firm or corporation who 
 shall knowingly violate the provisions of this act, shall be liable to 
 a fine of from one to fifty dollars for the first offense and of from 
 fifty to one hundred dollars for each subsequent violation. 
 
 Laws, 1919, Act 60, p. 328. 
 
 Sec. 1. Units of electric measure. — That the legal units of electric 
 measure as defined and established by the statutes of the United 
 States are the only units of electric measure recognized as legal 
 in Porto Rico. 
 
 Sec. 2. Unit measure for gas. — That the standard of unit of meas- 
 ure for the sale of illuminating or heating gas by meter shall be the 
 cubic foot, containing sixty-two and three hundred and twenty-one 
 thousandths pounds, avoirdupois weight, of distilled or rain water, 
 weighed in air, of the temperature of sixty-two degrees Fahrenheit, 
 the barometer registering a pressure of twenty-nine and one-half 
 inches. 
 
 Sec. 3. Water, gas, and electric meters to be furnished by corporation; 
 meters to be tested, when.- — That every company, corporation, asso- 
 ciation or individual furnishing gas, electricity or water for public 
 consumption on the basis of measure shall provide the consumer with 
 a meter, free of cost to the said consumer, and shall not put in use 
 any meter unless it has been previously tested and found correct by 
 the bureau of weights and measures, in which office a complete regis- 
 ter shall be kept of the origial and subsequent tests made of each 
 meter. If so desired, the company or person furnishing gas, electric 
 current or water may appoint a representative to attend the test, 
 for which purpose notice in writing shall be given by the bureau of 
 weights and measures as to the day and hour on which said test is 
 to be made. 
 
 Where the apparatus is found correct, the bureau of weights and 
 measures shall seal the same and no person shall remove or break 
 the said seal without the authorization of the said bureau. 
 
 Sec. 4. Meters in use, to be tested by bureau. — Meters in actual use 
 shall be tested and sealed by the bureau of weights and measures as 
 the needs of the service may permit, and such tests may be also 
 attended by a representative of the company or person furnishing 
 gas, electric current or water: Provided, That after this first test 
 the bureau of weights and measures shall from time to time order 
 other tests. 
 
 Sec. 5. Meters in use may be tested on petition. — On written petition 
 of a consumer the bureau of weights and measures may inspect and 
 test any gas, electric or water meter which has been installed or put 
 in service, where it is shown that the said meter has registered, with- 
 out apparent cause therefor, an excess of twenty-five per cent or 
 more over the normal monthly expense represented by the average 
 for the last six months. 
 
 Sec. 6. Inspection service, how organized. — That the executive secre- 
 tary of Porto Rico is hereby authorized to organize, under the juris- 
 dicetion of the bureau of weights and measures, the inspection serv- 
 ice required by this act. He shall prescribe and promulgate such 
 
PORTO RICO 709 
 
 rules and regulations as in his judgment may be necessary for the 
 execution of this act. And he shall also establish reasonable speci- 
 fications to which said instruments shall conform to secure the 
 accuracy of all meters and appliances for measurement. 
 
 Sec. 7. Officials to be appointed. — That there shall be appointed by 
 the executive secretary of Porto Rico one chief inspector of gas, 
 electric and water meters, at an annual salary of two thousand 
 dollars, and two assistant inspectors at an annual salary of fourteen 
 hundred dollars each, who shall have charge of and be responsible 
 for the technical part of the service, under the direction of the chief 
 of the bureau of weights and measures. No person shall be eligible to 
 this position unless he holds a diploma of electrician from a recog- 
 nized school of electricity, or otherwise establishes the necessary 
 competency of his technical knowledge. The executive secretary 
 shall also appoint a clerk-stenographer at an annual salary of one 
 thousand dollars, who shall have charge of the office work of this 
 service. 
 
 Sec. 8. Violation; penalty. — That any person, firm, company or cor- 
 poration which by itself or by its servant or agent violates the fore- 
 going provisions of this act, or of the rules and regulations pre- 
 scribed in pursuance thereof, shall be guilty of a misdemeanor, and 
 upon conviction by a court of competent jurisdiction shall be fined 
 not less than twenty nor more than one hundred dollars for each 
 violation. 
 
 Sec. 9. Salaries and expenses. — That for the purpose of the payment 
 of the salaries of the inspectors and of the clerk-stenographer, and 
 for the purchase of the necessary apparatus and laboratory equip- 
 ment, as well for traveling expenses and per diems of the inspectors, 
 and for the transportation of equipment, apparatus, etc., and for any 
 other expenses in connection with this service, a sufficient appropria- 
 tion shall be made in the regular budget for each fiscal year. 
 
 Penal Code, 1911. 
 
 Sec. 5928 (al908). Fraudulently increasing weight or measure; pen- 
 alty. — * * * Every person who in putting up in any bale, bag, 
 box, barrel or other package any sugar, tobacco, coffee, rice, or other 
 goods, usually sold in bales, bags, boxes, barrels or other packages, 
 by weight or otherwise, puts in or conceals therein any extraneous 
 substance whatever for the purpose of fraudulently increasing the 
 weight or measurement of such bale, bag, box, barrel or other package 
 with intent thereby to sell the goods therein, or to enable another to 
 sell the same, for more than the actual weight or measurement of 
 such goods, is punishable by fine not less than twenty-five dollars 
 for such offense, or confined in jail for not less than thirty days 
 or by both fine and imprisonment in the discretion of the court. 
 
 Laws, 1923, Act No. 37, p. 246. 
 
 Sec. 2. Feeds for domestic animals; weights to be marked. — Every per- 
 son, manufacturer, importer, warehouseman, or person handling 
 concentrated feeds for domestic animals in Porto Rico, before sell- 
 ing or offering for sale in Porto Rico any concentrated feed for do- 
 mestic animals, shall stamp or affix to each container the distinctive 
 brand of the product therein contained, the weight of the package, 
 the name and address of the manufacturer, * * * 
 

 RHODE ISLAND 
 
 Gen. Laws, 1923, ch. 221, p. 862. 
 
 Sec. 1 (1893). Standard of weights, measures, and balances established. — 
 The weights, measures and balances received from the United 
 States, and now in the custody of the State sealer, and such new 
 weights, measures and balances as shall be received from the United 
 States as standard weights, measures and balances in addition thereto 
 or in renewal thereof, shall be the authorized standards by which 
 all town standards of weights and measures shall be tried, proved 
 and sealed. 
 
 Sec. 2 (al901). State sealer of weights, measures, and balances. — 
 There shall be a State sealer of weights, measures, and balances, who 
 shall be sworn to the faithful performance of his duty. At the 
 January session of the general assembly in the year A. D. 1926, and 
 in each fifth year thereafter, the governor, with the advice and 
 consent of the senate, shall appoint some person to succeed the per- 
 son then holding such office; and the person so appointed shall hold 
 his office until the first day of February in the fifth year after his 
 appointment. Any vacancy which may occur in said office when the 
 senate is not in session shall be filled by the governor until the next 
 session thereof, when he shall, with the advice and consent of the 
 senate, appoint some person to fill such vacancy for the remainder 
 of the term. 
 
 Sec. 3 (1893). Duties of the State sealer. — The State sealer shall 
 have the exclusive custody and control of the standards so received 
 by the State from the United States, which standards shall be kept 
 in a suitable fire proof place to be provided by the State. He shall 
 have the oversight of 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 com- 
 pensation for which is hereinafter provided. 
 
 Sec. 4. Set of standards for towns, when and how furnished; towns 
 and cities to be furnished standards. — The State sealer shall furnish a 
 set of standards of weights, measures and balances, at such cost as 
 he he may deem proper, to each city or town that in his judgment 
 shall not have a suitable set, the same to be paid for by the State 
 on the order of the State auditor on the general treasurer, the said 
 Bet to consist as follows: one even balance of the capacity not less 
 than one hundred pounds ; one brass yard-gauge ; five iron dry meas- 
 ures, one each of the following capacities : one-half bushel, one peck, 
 
 710 
 
RHODE ISLAND 711 
 
 one-half peck, two quarts, and one quart; six iron wine measures, 
 one each of the following capacities : one gallon, one-half gallon, 
 one quart, one pint, one-half pint, and one gill; five iron ring 
 weights, avoirdupois standard, one each as follows: fifty 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 shall also furnish each town and city, at the expense of the said 
 town or city, a portable even-balance scale, with a set of weights 
 and measures, to be used by the said town or city sealers in the dis- 
 charge of their duties as hereinafter provided. 
 
 Sec. 5. Inspection by the State sealer; record and report thereof. — 
 The State sealer may, in the discharge of his duties, inspect the 
 weights, measures and balances of any person or persons, which 
 are used for selling any goods, wares, merchandise or other 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. 
 
 Sec. 6. Town sealer to send inventory annually to State sealer. — The 
 sealers of the different towns and cities shall make an inventory of 
 weights, measures and balances furnished by the State and the 
 condition of the same, on a blank prepared for that purpose, in the 
 month of October of each year, and shall forward the same to the 
 State sealer of weights and measures. 
 
 Sec. 7. Deputy town sealers. — The different town councils of the 
 several towns, and the boards of aldermen of cities, may appoint, 
 upon recommendation of their respective town or city sealers, one 
 or more persons as deputy sealers of their town or city, who shall 
 assist the said town or city sealer and, in the absence from duty of 
 such town or city sealer, shall perform all the duties of town or city 
 sealer as may be required of them for the time being. 
 
 Sec. 8. Town sealer to take charge of the weights, measures, and bal- 
 ances furnished by the State. — Every town or city sealer shall, at the 
 expense of his town or city, provide therein a suitable place for 
 the safe keeping and preservation of the weights, measures and bal- 
 ances furnished by the State, which shall be used only as standards, 
 and shall not be taken from the 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 simi- 
 lar weights, measures or balances. He shall procure, at the expense 
 of his town or city, a suitable set of sealing-stamps for stamping 
 dry and wine measures, with the date of the year thereon, and, for 
 coal and wood baskets, a branding-iron, with letters not less than 
 one-half inch high and the date of the year thereon. 
 
712 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 9. Penalty for neglect. — Every town or city sealer who neglects 
 to provide a suitable place for keeping such weights, measures and 
 balances, or suffers any of them through his neglect to be lost, dam- 
 aged or destroyed, shall be fined the sum of not less than twenty 
 nor more than fifty dollars. 
 
 Sec. 10. Town standards are to be adjusted triennially by the State 
 sealer.— Every town or city sealer shall, once at least in every three 
 years, have the standard weights, measures and balances in his 
 custody tried, adjusted and sealed by the State sealer, who shall 
 receive as compensation therefor the sum of fifteen dollars, which 
 sum, together with the necessary expenses incurred by him in so 
 performing such service, shall be paid by the town or city to which 
 such set of standards belongs. 
 
 Sec. 11. Town sealer to advertise annual sealing of weights, etc., used 
 in trade; annual sealing. — Every town or city sealer shall annually, 
 at the expense of his town or city, advertise or post up notifications 
 in public places in different parts of his town or city, for every 
 person engaged in the trade of buying and selling, or as a public 
 weigher, who uses weights and measures, to bring in within a cer- 
 tain time, in each notification limited, being not less than one month 
 from the date of such notification, his weights, measures, balances 
 and scales to be adjusted and sealed, and he shall forthwith adjust 
 and seal all weights and measures brought to him for that purpose. 
 
 Sec. 12 (al899). Sealer to seal weights, measures, scales, and bal- 
 ances. — After the expiration of the time limited in the notification 
 which is required to be given in the preceding section, the sealer 
 of weights and measures in every town or city shall visit the places 
 of business, and enter upon the carts, wagons, and other vehicles 
 then in use for business, of all the persons engaged in the trade of 
 buying and selling or of selling, who have weights, measures or 
 balances which have not been sealed during the current calendar 
 year, and try, adjust, and seal the same. He shall go at least once 
 in every six months to every hay-scale, coal-scale, wagon-scale, rail- 
 road-track-scale, or platform scale or balance used in the trade of 
 buying and selling or of selling or for public weighing, in his town 
 or city, which is not brought to him under the provisions of the 
 preceding section, and try, adjust, and seal the same. 
 
 Sec. 13 (1893). Penalty of town sealer for neglect of duty. — For 
 every neglect of duty prescribed in the next preceding section the 
 town or city sealer shall be fined a sum not exceeding twenty dollars ; 
 and every town or city sealer who shall seal any weight, measure or 
 balance otherwise than according to the town or city standard, duly 
 tried, proved and sealed by the State sealer, shall be fined not ex- 
 ceeding fifty dollars nor less than twenty-five dollars. 
 
 Sec. 14 (al896). Fees of town and city sealers; penalty; salary. — 
 The sealer of weights and measures, in any town or city, shall re- 
 ceive a fee of three cents for every weight, wine or dry measure, 
 sealed by him at his office; he shall receive a fee of five cents for 
 every yard-stick or yard-measure sealed by him; and for sealing 
 every spring-balance of a capacity less than one hundred pounds 
 he shall receive a fee of twenty-five cents; for every spring-balance 
 of a capacity of one hundred and less than five hundred pounds, 
 fifty cents; for every platform-scale of a capacity of five thousand 
 
RHODE ISLAND 713 
 
 pounds or more, one dollar; for every balance of a capacity of less 
 than five thousand pounds, fifty cents; for every steelyard of a 
 capacity of fifty pounds or less, twenty-five cents ; and for every steel- 
 yard of a capacity over fifty pounds, fifty cents; every scale or bal- 
 ance used for weighing people shall be tested, and if found correct 
 shall be sealed, by the said sealer, and he shall receive a fee of fifty 
 cents for each and every scale or balance so sealed. If any of the said 
 scales or balances are found to be incorrect, then they shall be con- 
 demned and their use forbidden as hereinbefore provided. For prov- 
 ing and sealing coal and wood baskets he shall receive a fee of fifteen 
 cents each, and for every charcoal-basket so sealed, twenty cents; he 
 shall also have a reasonable compensation for all repairs, alterations, 
 and adjustments which it may be necessary for him to make, made by 
 him, and for the expenses incurred in visting any place, as provided 
 for in section twelve of this chapter. Such fees and compensation 
 shall be paid to said sealer by the person owning or using the 
 weights, measures or balances so adjusted and sealed. Every person 
 violating the provisions of this section shall be fined not exceeding 
 twenty dollars for each offense, one-half thereof to go to the town 
 or city and one-half to the complainant. All said fees received by 
 any sealer of weights and measures of any town or city shall be re- 
 tained by him as compensation for his services except as hereinafter 
 provided. Any town or city council may at any time by ordinance 
 fix an annual salary for the sealer of weights and measures of such 
 town or city, and in such case said fees received by him shall be paid 
 over by him to the town or city treasurer, at the time or times pre- 
 scribed by any ord" nance of such town or city. 
 
 Sec. 15 (1893). Unlawful weights, etc., are prohibited and may be 
 seized; duty of sealers. — No person engaged in the trade of buying 
 and selling shall have or permit to be kept at his place of business 
 or upon any cart, wagon or other vehicle used by him in carrying 
 on his business, any weight, measure or balance of whatever descrip- 
 tion which is not at the time duly sealed in accordance with this 
 chapter, or which, having been sealed, is no longer correct. If such 
 weights, measures or balances can be readily adjusted by such means 
 as the sealer has at hand, he may adjust and seal them; but if they 
 cannot be readily adjusted, he shall either seize such weights, 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 whoever 
 removes said notice without the consent of the officer affixing the 
 same, shall for each offense be fined not less than twenty nor more 
 than fifty dollars, one-half to the town or city and one-half to the 
 use of the complainant. 
 
 Sec. 18 (al902). Penalty for use of weights not sealed, and for altering 
 weights, etc., after same have been sealed; penalties. — Every person 
 engaged in the trade of buying and selling, or of selling, or as a 
 public weigher, who shall use or permit to be used for him, or have 
 in his possession at his place of business, or upon any cart, wagon, 
 or other vehicle which is used by him in carrying on his business, 
 or upon his person while engaged in his business, any weight, meas- 
 ure, balance, or scale of whatever description, unless such weight, 
 measure, balance, or scale shall have been duly sealed in conformity 
 
714 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 with the provisions of this chapter, and every such person who alters 
 any weight, measure, balance, or scale after it has been duly sealed, 
 so that it does not conform to the United States standard, or has 
 in his possession any such weight, measure, balance or scale, which 
 has been so altered, and every such person who shall use or permit 
 to be used for him, or have in his possession, as aforesaid, any weight, 
 measure, balance, or scale which he has refused to allow to be exam- 
 ined or sealed by the sealer of weights and measures, or deputy 
 sealer, according to the provisions of this chapter, or who shall 
 use or permit to be used for him, or have in his possession any spring- 
 balance having a sliding or adjustable face-plate or index, or any 
 measure not made of the shape or dimensions required by law, 
 shall be fined the sum of twenty dollars for each offense, one-half 
 thereof to the use of the town or city in which the offense shall have 
 been committed, and one-half thereof to the complainant. 
 
 Sec. 17 (1912). Penalty for fraudulent sale by weight or measure. — 
 Whoever, himself or by his servant or agent or as the servant or 
 agent of another person, is guilty of giving false or insumcent 
 weight or measure shall for a first offense be punished by a fine of 
 not more than fifty dollars, for a second offense by a fine of not 
 more than two hundred dollars, and for a subsequent offense by a 
 fine of fifty dollars and by imprisonment for not less than thirty 
 nor more than ninety days. 
 
 Sec. 18. Hay scales and platform balances. — Every person who shall 
 keep hay-scales or platform-balances for public use shall cause the 
 same to be tried and sealed at least once in six months by a sworn 
 sealer of weights and measures. 
 
 Sec. 19. Penalty for using 1 same if not sealed. — Every person who 
 shall keep hay-scales or platform-balances for public use, or shall 
 weigh or suffer to be weighed in such' scales or balances any article 
 of merchandise, unless such scales or balances shall have been tried 
 and sealed as provided in the preceding section, shall be fined one 
 hundred dollars. 
 
 Sec. 20. Who to seal same, if the office of sealer is vacant. — When- 
 ever the owner or keeper of such hay-scales or balances shall apply 
 to the mayor of the city or president of the town council, as the case 
 may be, or to any person by him appointed for the purpose in any 
 town or city in which the office of sealer of weights and measures 
 shall from any cause be vacant, to try such scales or balances, and 
 to seal the same if found correct, such mayor, president or persons 
 so appointed shall try such scales or balances and seal the same if 
 found correct; and in case of his neglect so to do, such owner or 
 keeper shall be exempt from the fine prescribed in the next preceding 
 section. 
 
 Sec. 21 (al899). Weighers of coal and other merchandise, how ap- 
 pointed; their duties. — The town councils of the several towns and 
 the boards of aldermen of any city shall appoint one or more persons 
 to be weighers of coal and other articles of merchandise, who shall 
 be sworn and be removable at the pleasure of the town council or 
 board of aldermen appointing them, and shall receive such fees 
 as may be fixed by the town council or board of aldermen of the 
 several towns or cities, which shall be paid by the seller: Provided, 
 That no person shall act as a public weigher of coal or other mer- 
 
RHODE ISLAND 
 
 715 
 
 chandise of which he is either the buyer or seller, or in the sale 
 whereof he has any interest. 
 
 Sec. 22. Penalty for selling of coal or other merchandise unweighed, 
 when. — Every person who shall sell coal or other merchandise with- 
 out its being first weighed by a weigher provided for in section 
 twenty-one of this chapter, when the same shall be demanded by the 
 purchaser, and procuring a certificate of such weight for the pur- 
 chaser, shall be fined twenty dollars for each offence. 
 
 Sec. 25 (al900). Legal weight of certain commodities; weight of 
 bushel; barrel; net ton; gross ton. — The legal weights of certain com- 
 modities in the State of Rhode Island shall be as follows: A 
 bushel of * — 
 
 Pounds 
 
 Apples 48 
 
 Apples, dried 25 
 
 Apple seed 40 
 
 Barley 48 
 
 Beans 60 
 
 Beans, castor 46 
 
 Beets 50 
 
 Bran 20 
 
 Buckwheat 48 
 
 Carrots 50 
 
 Charcoal 20 
 
 Clover seed 60 
 
 Coal 80 
 
 Coke 40 
 
 Corn, shelled 56 
 
 Corn, in the ear 70 
 
 Corn meal 50 
 
 Cottonseed, upland 30 
 
 Cottonseed, sea-island 44 
 
 Flaxseed 56 
 
 Hemp 44 
 
 Hungarian seed 50 
 
 Lime 70 A ton of coal, gross 2,240 
 
 Sec. 26 (1899). Sealers shall be ex-officio constables; may arrest with- 
 out warrant. — The State sealer of weights and measures and the city 
 and town sealers of weights and measures in the various cities and 
 towns throughout the State, shall be, by virtue of their respective 
 offices, special constables, and as such they shall have power to 
 prosecute all persons violating the provisions of this chapter, and 
 shall not be required in such prosecutions to furnish any surety for 
 costs. They shall also have power to arrest upon view without 
 warrant and to detain for a period of not more than twelve hours 
 any person found violating any of the provisions of this chapter. 
 
 Sec. 27 (1916). Legal bushel box for farm products. — A box which 
 shall measure on the inside thereof seventeen and one-half inches by 
 seventeen and one-half inches in length and width, and which on the 
 inside thereof shall measure seven and one-sixteenth inches in depth, 
 measured from the highest part of the bottom thereof, is hereby de- 
 clared to be a legal bushel box for the sale of farm produce. A box 
 which shall measure on the inside thereof thirteen by thirteen inches 
 in length and width and which on the inside thereof shall measure 
 
 Malt 
 
 Millet seed 
 
 Oats 
 
 Onions 
 
 Parsnips 
 
 Peaches 
 
 Peaches, dried 
 
 Peas 
 
 Peas, split 
 
 Potatoes 
 
 Potatoes, sweet 
 
 Rye 
 
 Rye meal 
 
 Salt, fine 
 
 Salt, coarse 
 
 Timothy seed 
 
 Shorts 
 
 Tomatoes 
 
 Turnips 
 
 Wheat 
 
 A barrel of flour shall contain. 
 A ton of coal, net 
 
 Pounds 
 38 
 50 
 32 
 50 
 50 
 48 
 33 
 60 
 60 
 60 
 54 
 56 
 50 
 50 
 70 
 45 
 20 
 56 
 50 
 60 
 196 
 2,000 
 
 1 In the original act the words " a bushel of " appeared before the name of each 
 article; the words "shall Weigh " appeared after the name of the article, and the word 
 " pounds " appeared immediately after the figures of weight in each case. The arrange- 
 ment adopted here is for convenience in printing. 
 
716 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 six and one-sixteenth inches in depth, measured from the highest 
 part of the bottom thereof, is hereby declared to be a legal half- 
 bushel box for the sale of farm produce. All bushel boxes of the di- 
 mensions specified by this section shall be marked in letters not less 
 than one inch in height with the words " Standard bushel for farm 
 produce." All half-bushel boxes of the dimensions specified by this 
 section shall be marked in letters not less than one inch in height 
 with the words " Standard half -bushel for farm produce." 
 
 Sec. 28 (1922). Gasoline-measuring devices to be tested; town or city 
 sealer may condemn measuring device until tried and sealed or properly 
 equipped; fee for testing. — The. State sealer of weights, measures, and 
 balances is hereby authorized and directed to have tested all gaso- 
 line-measuring devices used in the sale of gasoline, from time to 
 time as in his judgment it may be deemed necessary, to prevent fraud 
 or deception in the use of such devices or to insure the accurate 
 measurement of gasoline in such sale. Any town or city sealer of 
 weights, measures, and balances shall have authority to condemn and 
 forbid the use of any gasoline-measuring device for the sale of gaso- 
 line in his respective town or city, or until such device has been duly 
 tried and sealed, or until such gasoline-measuring device has been 
 equipped with such attachment, contrivance or apparatus as will 
 insure the correct and proper functioning of such measuring device 
 for the sale of said gasoline by accurate measurement. For the 
 testing and sealing of a gasoline-measuring device a fee of fifty cents 
 shall be paid. 
 
 Sec. 29. Five-gallon measure, properly tested, to be kept for use at 
 each garage or gasoline station; measure to be used upon request. — Any 
 person, firm or corporation selling or vending gasoline from a gaso- 
 line station, so called, or from a garage, shall keep for use at such 
 gasoline station or garage a five-gallon measure which has been 
 properly tested and sealed by the sealer of weights, measures, and 
 balances of the town or city in which the gasoline station or garage 
 is located. Upon the request of any purchaser of gasoline, the per- 
 son selling such gasoline shall, in the presence of the purchaser, use 
 such gasoline measure in the sale of such gasoline. 
 
 Sec. 30. Five-gallon measure, properly tested, to be used when seal of 
 gasoline measuring device is broken. — Whenever it becomes necessary 
 in the repairing of any gasoline measuring device to break the seal 
 of said gasoline measuring device, it shall be the duty of every per- 
 son, firm or corporation selling or vending gasoline at a gasoline 
 station or garage to use a five-gallon measure which has been prop- 
 erly tested and sealed, until such time as the said gasoline measuring 
 device shall have been repaired and properly tested and sealed by 
 the sealer of weights, measures, and balances of the town or city in 
 which the gasoline station or garage is located. 
 
 Sec. 31. State sealer to furnish a five-gallon measure to each town or 
 city sealer; measure to be used exclusively for testing and sealing. — The 
 State sealer of weights, measures, and balances shall furnish to the 
 sealer of weights, measures, and balances of each town and city one 
 five-gallon liquid measure, to be paid for by the respective town or 
 city. Each measure before being used for the purpose described in 
 this and the two preceding sections shall be tested and sealed by the 
 State sealer of weights, measures, and balances to have a capacity 
 
RHODE ISLAND 717 
 
 of five gallons liquid measure according to the United States stand- 
 ard. Such measure after being so tested and sealed shall be used 
 exclusively for the purpose of testing and sealing all measuring de- 
 vices used in the sale of gasoline. 
 
 Sec. 32. Penalty for use of gasoline-measuring device when untested 
 and unsealed, etc. — Every person who shall use or cause to be used 
 any gasoline measuring device without first having the same tested 
 and sealed by the town or city sealer of weights, measures, and bal- 
 ances wherein the said gasoline measuring device is located, and 
 every person who shall use or cause to be used any gasoline measur- 
 ing device after the same has been condemned by any town or city 
 sealer of weights, measures, and balances and before the same has 
 been again tested and sealed shall be deemed guilty of a misde- 
 meanor and shall be fined not exceeding fifty dollars for each offense. 
 
 Public Laws, 1923, ch. 2388, p. 181. 
 
 Sec. 1. Coal or coke, how to be sold; ton. — All coal or coke shall be 
 sold by weight and except when sold by the cargo or carload, two 
 thousand pounds avoirdupois shall be the standard for the ton. Coal 
 and coke in quantities of less than one hundred pounds per unit shall 
 be sold in bags, baskets or other vessels or receptacles; said bags, 
 baskets, vessels or receptacles shall be plainly marked in solid letters, 
 at least one inch in height, stating thereon the weight of coal or 
 coke therein Contained, the name of the dealer putting up the same, 
 together with the size and kind; that is, in the case of coal, whether 
 anthracite or bituminous, and if anthracite or coke, whether egg, 
 stove, chestnut, range, pea, buckwheat or smaller sizes, or any com- 
 bination of the aforesaid sizes of anthracite, the sizes and quantities 
 of each contained in said combination shall be stated : Provided, 
 however, That coal or coke shall not be sold in bags, baskets, vessels 
 or other receptacles in units of less than eighteen pounds. A state- 
 ment signed by the seller or seller's agent setting forth the seller's 
 name, the business address of the seller or the seller's agent, the 
 name and address of the purchaser, the date of delivery and the kind, 
 size and weight of said coal or coke, shall accompany the delivery 
 of any anthracite or coke sold to consumers in the State of Rhode 
 Island in quantities in excess of one hundred pounds and shall be 
 given to the purchaser or purchaser's agent upon delivery of such 
 anthracite or coke. 
 
 Sec. 2. Anthracite to be of what quality. — All anthracite sold or 
 distributed to domestic consumers in this State shall be of the same 
 preparation and quality as fresh mined merchantable coal, as de- 
 termined by the commissioner of labor, hereinafter termed the com- 
 missioner. 
 
 Sec. 3. Commissioner of labor or his agents may inspect coal, and pro- 
 hibit sale or distribution. — The commissioner by himself or by his 
 authorized agents may enter each place where coal is stored or kept 
 for sale and each railroad train or car or any vehicle used for its 
 conveyance and may inspect said coal or take therefrom fair and 
 proper samples for analysis or inspection, one-half of said sample 
 to be retained by the owner or owner's agent. Said commissioner 
 may cause any sample taken to be analyzed, inspected or otherwise 
 satisfactorily tested and shall record and preserve as evidence the 
 
718 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 results thereof. If, in the opinion of said commissioner, upon in- 
 spection, analysis or satisfactory test, said coal is not of a mer- 
 chantable quality, said commissioner may prohibit the sale or dis- 
 tribution of such coal and cause the same to be disposed of as may 
 be directed by him. 
 
 Sec. 4. License for sale of coal or coke to be obtained; licensee to fur- 
 nish evidence of possession of facilities; wagon to be marked and license 
 displayed. — Except as herein otherwise provided, it shall be unlawful 
 for any person, firm or corporation to physically handle coal or coke 
 for sale without first obtaining a license for such purpose from the 
 commissioner. Every licensee shall furnish the commissioner with 
 satisfactory evidence of the possession of pr'oper facilities for weigh- 
 ing and distributing coal or coke. Every wagon or other vehicle 
 used by a licensee in the sale or delivery of coal or coke shall be 
 marked in such manner as the commissioner may require and each 
 licensee shall display his license in a conspicuous manner at his 
 place of business. 
 
 Sec. 5. Class of licenses. — There shall be two classes of said licenses, 
 as follows : First class — Authorizing the licensee or his servants or 
 agents to sell and deliver or distribute coal or coke in any quantities 
 in any part of the State at wholesale or retail. The fee for each 
 license of the first class shall be ten dollars. Second class — Author- 
 izing the licensee or his servants or agents to sell and deliver or dis- 
 tribute coal or coke in less than one hundred pound units, at whole- 
 sale or retail, and to deliver the same in any city or town for which 
 he is licensed. The fee for each license of the second class shall be 
 two dollars for each city or town for which such license is issued : 
 Provided, however, That any retail dealer in coal or coke put up in 
 bags, baskets, vessels or other receptacles, upon approval of the com- 
 missioner, may sell and deliver or distribute such coal or coke in more 
 than one city or town from one fixed place of business. 
 
 Sec. 6. Record of licenses to be kept ; to be open to public inspection. — 
 The commissioner shall keep a record of all licenses granted by him 
 under the provisions of this act with the number of each, the name, 
 residence, and business address of the licensee, and the cities and 
 towns for which such licenses are issued. Such records shall be open 
 at any time to public inspection. Each license shall bear the date of 
 the day upon which it is issued, shall continue in force for one year 
 from that date unless revoked by the commissioner, and may be 
 renewed on payment of the prescribed fee. 
 
 Sec. 7. License may be suspended or revoked. — Any license issued 
 under the provisions of this act may be suspended or revoked at any 
 time by the superior court, after due hearing, upon complaint in 
 such form as it may require, for using or giving false or insufficient 
 weight, or for any other just or sufficient reason. 
 
 Sec. 8. Commissioner may make rules and regulations. — The commis- 
 sioner may make such rules and regulations as may be necessary to 
 carry out the provisions of this act, and may employ an inspector and 
 such office assistants as may be necessary for the enforcement of this 
 act, and all moneys received by him under the provisions of this act 
 shall be turned over to the general treasurer for the use of the State. 
 
 Sec. 9. Penalties. — Whoever violates any provision of section four 
 of this act, or whoever refuses or fails to comply with any request for 
 
RHODE ISLAND 719 
 
 information desired by the commissioner for the purpose of carry- 
 ing out the provisions of this act, or gives a false answer to any such 
 request shall be punished by a fine of not more than fifty dollars; 
 and whoever is guilty of fraud or deceit in the weighing, selling or 
 delivering of coal or coke, or whoever wilfully, by himself or his 
 servant, agent or employee sells or delivers or distributes coal or 
 coke which does not comply with sections one and two of this act, 
 shall be punished by a fine of not less than one hundred dollars or 
 more than one thousand dollars and whoever is convicted of a second 
 offense shall be punished by imprisonment not exceeding thirty days. 
 The commissioner shall cause this act to be enforced and said com- 
 misioner shall not be required to enter into any recognizance or to 
 give surety for costs in any proceedings under this act. 
 
 Sec. 10. Appeal by person aggrieved. — Any seller of coal or coke, 
 aggrieved by any provisions of this act, may appeal therefrom to 
 any justice of the superior court, and such appeal shall operate to 
 stay any such provisions until final determination thereon. 
 
 Sec. 11. Invalidity of any part of this act not to affect the remainder. — 
 If any clause, sentence, paragraph or part of this act shall for any 
 reason be adjudged by any court of competent jurisdiction to be 
 invalid, such judgment shall not affect, impair or invalidate the 
 remainder thereof, but shall be confined in its operation to the clause, 
 sentence, paragraph or part thereof, directly involved in the contro- 
 versy in which such judgment shall have been rendered. 
 
 Sec. 13. Repeal. — Sections 23 and 24 of chapter 194 of the general 
 laws, as amended by chapter 374 of the public laws, passed at the 
 January session, A. D. 1909, are hereby repealed and this act shall 
 take effect upon its passage. 
 
 Gen. Laws, 1923, ch. 168, p. 725. 
 
 Sec. 6 (al914). — A drug or an article of food, or an article which 
 enters into the composition of food, shall be deemed to be mis- 
 branded: * * * 
 
 That for the purposes of this chapter an article shall also be 
 deemed to be misbranded : * * * 
 
 In the case of food : * * * 
 
 Second. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure or numerical count: Provided, however, 
 That reasonable variations shall be permitted and tolerances and 
 also exemptions as to small packages shall be established by rules 
 and regulations made in accordance with the provisions of section 12 
 of this chapter. 
 
 Public Laws, 1925, ch. 683, p. 260. 
 
 Sec. 1. Superintendent of weights and measures for the city of Provi- 
 dence, how elected; duties, etc. — The city council of the city of Provi- 
 dence in convention is hereby authorized and empowered to elect a 
 superintendent of weights and measures, who shall hold office ex 
 officio the offices of sealer of weights and measures, inspector of 
 kerosene, city gauger, city weigher, and surveyor of lumber. Said 
 city council may impose upon the superintendent of weights and 
 517—27 46 
 
720 LAWS CONCEKNING WEIGHTS AND MEASURES 
 
 measures such other and further duties not inconsistent herewith as 
 it may deem proper. Said city council is also authorized and em- 
 powered to provide for one or more deputies in and for the offices 
 above enumerated, assigning to and distributing among any or all 
 of such deputies in its discretion any or all of the powers and duties 
 vested in said officers. 
 
 Gen. laws, 1923, ch. 50, p. 278. 
 
 Sec. 1°. Town officers to be chosen. — The electors in each town shall 
 annually, on their town election days, choose and elect as many town 
 officers as by the laws of the State are or shall be required; that is 
 to say, * * * a town sealer of weights and measures, * * * 
 one or more corders of wood, one or more packers of fish * * * 
 one sealer of leather * * * gaugers of casks and all such other 
 officers as by law are required in such town and as each or any town 
 shall have occasion for, * * * 
 
 Gen. Laws, 1923, ch. 51, p. 282. 
 
 Sec. 19°. Powers of town council; assize of bread. — They make ordi- 
 nances, by-laws and regulations for settling the assize of baker's 
 bread in their respective towns, not contrary to the laws of the 
 State : Provided, That the penalty for any breach of the same shall 
 not exceed five dollars, or the forfeiture of the bread not made in 
 conformity thereto. 
 
 Gen. Laws, 1923, ch. 394, p. 1684. 
 
 Sec. 18 (1896). Falsely assuming to be a town sealer of weights and 
 measures. — Every person who shall falsely assume or pretend to be a 
 town sealer of weights and measures, auctioneer, corder of wood or 
 fence-viewer, and shall act as such, shall be fined not less than twenty 
 dollars nor more than one hundred dollars. 
 
 Gen. Laws, 1923, ch. 222, p. 871. 
 
 Sec. 1°. Eules for gauging. — All casks which shall be gauged in 
 this State shall be gauged by the method or rule commonly called 
 " gauging by Gunter," computing the gallon at two hundred thirty- 
 one cubic inches. Care shall be taken to ascertain, as near as may be 
 practicable, the true average of the head and bung diameter, also of 
 the internal length of the cask ; its mean diameter shall be ascertained 
 in accordance with the principles laid down in the work on the sub- 
 ject of gauging by Daniel Anthony, published in Providence in the 
 year one thousand eight hundred seventeen. 
 
 Sec. 2. Fees for gauging; and casks, how branded. — The fees for 
 gauging a single cask shall be twenty-five cents, and for gauging 
 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. 
 
 Sec. 3. Penalty for fraudulent gauging. — Every person, not holding 
 the office of gauger, who shall put upon any cask any gauge or other 
 permanent mark to denote the capacity of such cask, or who shall 
 exercise the office of gauger or business of gauging, shall forfeit one 
 hundred dollars for each offense ; but nothing contained in this sec- 
 
RHODE ISLAND 721 
 
 tion shall be so construed or held as to apply to the sale of petroleum 
 or any of its products by weight or for exportation from the State. 
 
 Sec. 4. Penalty for selling by unofficial gauging. — Every person who 
 shall sell any commodity by any gauge or gauge-mark, which shall 
 not have been made by a gauger appointed under this chapter, shall 
 forfeit the value of such commodity sold. 
 
 Sec. 5. Gaugers in Providence, how appointed. — The city council of 
 the city of Providence may, whenever they deem it expedient, ap- 
 point for said city a gauger, who may appoint under him such 
 deputy-gaugers as said city council may approve, and for the offi- 
 cial conduct of such deputies he shall be answerable. Said gaugers 
 shall be subject to such regulations as said city council may estab- 
 lish not repugnant to law. 
 
 Sec. 6. Sales by TT. S. gaugers excepted. — Nothing in this chapter 
 shall be so construed as to prevent the sale of any commodity under 
 the lawful gauge or gauge-mark of the United States by the inspec- 
 tor of such commodity. 
 
 Gen. laws, 1923, ch. 187, p. 788. 
 
 Sec. 15°. Weight of barrel of beef or pork. — Two hundred pounds 
 of beef shall be considered and taken as a barrel of beef, and two 
 hundred pounds of pork shall be considered and taken as a barrel of 
 pork. 
 
 Gen. laws, 1923, ch. 196, p. 808. 
 
 Sec. 1°. Weighers of cotton. — Weighers of cotton may be annually 
 elected by the city council of the city of Providence, the representa- 
 tive council of the city of Newport and by the town councils of the 
 several towns respectively. 
 
 Sec. 2. All cotton to be weighed. — All cotton sold in the State, 
 unless otherwise specially agreed, shall be weighed by the weighers 
 so chosen. 
 
 Sec. 3. Duties of weighers. — Such weighers shall correctly weigh 
 and record in a book to be kept for that purpose the weight of each 
 bale of cotton, with the marks and numbers of the bales, and shall 
 mark upon every bale, in plain figures, the weight of the same, and 
 shall make a certificate of each lot of cotton, which certificate shall 
 specify the marks, numbers and weight of each bale. 
 
 Sec. 4. Fees of weighers. — Such certificate shall be given to the 
 seller of the cotton, and the weigher shall be paid for weighing 
 and marking the same, on the delivery of the certificate, eight cents 
 per bale; and for every duplicate certificate of not exceeding one 
 hundred bales, fifty cents, and fifty cents for every additional one 
 hundred bales. 
 
 Gen. laws, 1923, ch. 197, p. 809. 
 
 Sec. 1°. Sewing-thread, how labeled or ticketed. — Every manufac- 
 turer of sewing-thread or person engaged in putting up thread on 
 spools or in packages intended for sale shall, before the same is 
 offered for sale, affix to each spool or package a label or ticket desig- 
 nating the number of yards of thread which such spool or package 
 contains. 
 
 Sec. 2. Penalty. — Every such person who shall purposely neglect 
 to affix such label to each spool or package of thread or shall, with 
 
722 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 intent to deceive, affix or cause or suffer to be affixed a label or ticket 
 to any spool or package of thread intended for sale specifying that 
 such spool or package contains a greater number of yards of thread 
 than such spool or package contains, shall forfeit the sum of fifty 
 dollars for each spool or package so without a label or falsely labeled 
 which shall be sold or be delivered by him to any person to be sold, 
 one-half thereof to the use of the State and one-half thereof to the 
 use of the person who shall sue for the same. 
 
 Gen. Laws, 1923, ch. 51, p. 282. 
 
 Sec. 5°. Powers of town councils; appointment of weighers of neat 
 cattle. — The town councils of the several towns and cities shall, 
 annually, in the month of April, appoint — the board of aldermen of 
 Providence, not less than six; of Newport, not less than three; and 
 the town councils of all other towns, not less than two persons, for 
 the purpose of weighing neat-cattle slaughtered for sale in their 
 respective towns. 
 
 Gen. Laws, 1923, ch. 201, p. 814. 
 
 Sec. 1°. Weighable parts of neat cattle. — The following parts of all 
 neat-cattle purchased by the hundred-weight or slaughtered by any 
 person, such person having contracted to account for the same to the 
 owner or seller of the same, shall be denominated " weighable " ; 
 namely, the whole of the several four quarters, the hide, horns and 
 tallow. 
 
 Sec. 2. Penalty for not so weighing and accounting for such parts. — 
 Every person slaughtering or weighing any neat-cattle and being 
 obliged to account for the same to the owner or seller thereof as 
 aforesaid, who shall not weigh and account for all those parts of 
 such cattle denominated weighable as aforesaid, shall forfeit for 
 every offense twenty dollars. 
 
 Sec. 3. Town weighers. — The town weighers of neat-cattle shall 
 weigh all parts of such cattle made weighable by section one of this 
 chapter, deducting therefrom for green weight not more than two 
 pounds for every hundred pounds of the weight thereof. 
 
 Sec. 4. Fees of weigher. — The fees of such weigher shall be twenty- 
 five cents per head for all cattle weighed, one-half part of which 
 shall be paid by the seller and one-half part thereof by the buyer. 
 
 Gen. Laws, 1923, ch. 202, p. 814. 
 
 Sec. 1°. Butter tubs to be branded with weight, etc. — Every person 
 who shall make or bring into the State any butter firkins or tubs 
 shall brand or mark each one of the same with the weight thereof 
 and with the initial letters of his name, in a plain and durable man- 
 ner, before he offers the same for sale. 
 
 Sec. 2. Sale without brand prohibited. — No person shall offer for sale 
 any butter by the firkin or tub unless each firkin and tub shall be 
 branded or marked as aforesaid. 
 
 Sec. 3. Penalty. — Every person who shall offer for sale any butter 
 firkin or tub before the same shall be marked or branded as required 
 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, 
 
RHODE ISLAND • 723 
 
 shall forfeit five dollars, unless there shall be a special contract in 
 relation to the kind, quantity and quality of the article sold. 
 
 Sec. 6. Weight of a bushel of potatoes. — In the sale of potatoes by 
 weight, the same shall be estimated at and after the rate of sixty 
 pounds per bushel. 
 
 Sec. 7. Weight of a bushel of onions and root crops. — In the sale of 
 onions and of all other root-crops by weight, the same shall be esti- 
 mated at and after the rate of fifty pounds per bushel. 
 
 Sec. 8. Nuts, shelled beans, and berries to be sold by dry measure ; pen- 
 alty. — Nuts and shelled beans and all kinds of berries, whenever sold 
 by measure shall be sold by dry measure. And any person who shall 
 sell any nuts or shelled beans or any kind of berries by any measure 
 other than dry measure shall be fined not exceeding twenty dollars, 
 one-half thereof to the use of the town or city in which the offense 
 shall have been committed and one-half thereof to the complainant. 
 
 Sec. 10 (1916). — It shall be the duty of the board of food and drug 
 commissioners to prosecute any person, firm or corporation violating 
 any of the provisions of this chapter, and any such commissioner 
 making such complaint shall not be required to give surety for the 
 payment of costs. 
 
 Gen. laws, 1923, ch. 203, p. 817. 
 
 Sec. 1 (al915)- Milk to be sold by standard wine measure; purchaser 
 may have recourse to town sealer, when; State sealer may license manu- 
 facturer to seal receptacles, when; receptacles, how to be sealed; license 
 may be revoked ; such sealing not to authorize use as legal measures ; tol- 
 erance on glass bottles and jars. — All milk, cream, and skimmed milk 
 shall be sold only by standard wine measure, and by or in measures, 
 cans, jars, bottles, or other vessels or receptacles which shall, prior 
 to being used in such sale, be sealed by the manufacturer thereof 
 as hereinafter provided, or by the sealer of weights and measures 
 of the town where the person so using the same shall usually reside 
 in this State, or of the town where such milk shall be sold for use ; 
 and every person selling any of the same contrary to this section 
 or delivering any of the same sold contrary hereto, shall be fined for 
 the first offense not less than twenty dollars and not exceeding fifty 
 dollars, and for any subsequent offense not less than fifty dollars, 
 or imprisonment not to exceed sixty days or both such fine and im- 
 prisonment. Any purchaser of milk, cream, or skimmed milk, hav- 
 ing 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 ap- 
 ply to the sealer of weights and measures of the town in which such 
 milk, cream or skimmed milk is delivered to him, which sealer shall, 
 upon receipt of a fee of twenty-five cents therefor, test the capacity 
 of the same and issue to such purchaser his certificate stating the 
 capacity thereof; and if such capacity according to such certificate 
 shall be less than the amount purchased such purchaser may make 
 complaint and deliver such certificate to any officer of such town 
 authorized to make complaints for the violation of this chapter, 
 who thereupon shall duly make complaint against and prosecute 
 the person or persons selling or delivering the same, for violation 
 
724 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of this section. Upon the application of a manufacturer of a can, 
 jar, bottle or other vessel or receptacle to be used in the sale of milk, 
 cream or skimmed milk, the State sealer of weights, measures and 
 balances may issue a license to such manufacturer to seal any such 
 can, jar, bottle, or other vessel or receptacle for use in this State. 
 All such cans, jars, bottles, or other vessels or receptacles shall be 
 sealed by the manufacturer thereof in such manner and in accord- 
 ance with such regulations as the State sealer of weights, measures 
 and balances may prescribe and shall be marked with the name, 
 initials, or trade-mark of the manufacturer, and by any other mark 
 which the State sealer of weights, measures and balances may re- 
 quire. The State sealer of weights, measures and balances may re- 
 voke any such license at any time after giving the manufacturer 
 holding such license ten days' notice of the proposed revocation. 
 The sealing of any such can, jar, bottle, or other vessel or receptacle 
 by a manufacturer shall not authorize the use of the same as legal 
 measures nor shall any such sealing be held to affect the provisions 
 of law relating to the giving of false measure, or the using of a 
 false measure, or the having in possession a false measure with in- 
 tent to use the same : Provided, however, That the wine measure as 
 defined in this section shall permit a variation of one-half an ounce 
 in the contents of glass bottles or jars. 
 
 Gen. Laws, 1923, ck. 206, p. 831. 
 
 Sec. 1°. Dimensions of a cord of firewood. — All firewood offered for 
 sale by the cord shall measure in quantity equal to a cord of eight 
 feet in length, four feet in width and four feet in height, including 
 one-half of the kerf and be well stowed and closely laid together. 
 
 Sec. 2. Fees of corders of wood. — Every person chosen by a town to 
 be a corder of wood shall receive for cording and measuring not 
 exceeding twelve cents per cord, to be paid by the purchaser of such 
 wood. 
 
 Sec. 3. Penalty for fraud in sale of firewood — Every person who 
 shall sell any firewood by the cord in any quantity not well stowed 
 and closely laid together, or who shall fraudulently and falsely 
 represent any quantity of firewood by him offered for sale to be a 
 greater quantity, or 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. 
 
 Sec. 4. Charcoal baskets. — Every basket used in measuring charcoal 
 brought into any town for sale shall be of the following dimensions 
 to wit, nineteen inches in breadth in every part thereof, and seventeen 
 and one-half inches deep, measuring from the highest part of the bot- 
 tom of the basket perpendicularly to a level with the top of the 
 basket. 
 
 Sec. 5. Baskets to be sealed; and well heaped. — Every basket shall 
 be sealed by the sealer of weights and measures of the town where 
 the person so using the same shall usually reside, or of the town where 
 such coal shall be so measured for sale, and shall also be well heaped. 
 
 Sec. 6. Penalty for sale by unlawful baskets. — Every person who 
 shall measure charcoal offered for sale in any basket of other dimen- 
 sions than as aforesaid, or not sealed as aforesaid, shall be fined 
 twenty dollars. 
 
BHODE ISLAND 725 
 
 Sec. 7. Unlawful baskets to be seized, and users to be prosecuted. — The 
 town councils of the several towns may appoint, as occasion may- 
 require, some suitable person or persons to seize and secure, within 
 their respective towns, all baskets used for measuring coal that shall 
 not be of the dimensions aforesaid, and sealed as aforesaid, and to 
 prosecute every person who shall be guilty of any violation of any 
 of the provisions of this chapter; but no person shall be obliged to 
 measure charcoal, where the quantity shall be agreed on by the buyer 
 and seller. 
 
 Sec. 8. Dimensions of a basket for sale of kindlings; baskets to be 
 heaped; cord denned. — All short- wood or kindling-wood sold by the 
 basket shall be sold and delivered in baskets of the following dimen- 
 sions, to wit: Twenty-one inches in diameter at the top under the 
 hoop, thirteen inches in depth, measured from the highest part of the 
 bottom thereof, and seventeen inches in diameter at the bottom. Sucb 
 baskets in selling shall be well heaped; and shall be sealed by the 
 sealer of weights and measures of the town or city where the person 
 so using the same shall reside, or of the town or city where such fire- 
 wood shall be offered for sale. Forty-eight baskets of said dimen- 
 sions shall constitute one cord of sawed wood. 
 
 Sec. 9. Penalty for sale by unlawful baskets. — Every person who 
 shall sell or deliver any short-wood or kindling-wood in any basket 
 not sealed, or of other dimensions than as provided in the preceding 
 section, shall be fined twenty dollars. 
 
 Sec. 10. Unsealed baskets to be seized and unlawful use of prose- 
 cuted. — The town or city sealers of the several cities and towns, and 
 such persons as the town councils of the several towns may appoint, 
 shall seize and secure all baskets used for measuring coal, short-wood, 
 or kindling-wood, that shall not be sealed, or shall not be of the 
 dimensions provided by law, and prosecute every person who shall 
 be guilty of any violation of the provisions of the laws defining the 
 size of such baskets. 
 
 Sec. 11. Penalty for sealing an unlawful basket. — Every sealer of 
 weights and measures who shall seal any basket not being of the law- 
 ful dimensions, shall be fined twenty dollars. 
 
 Gen. Laws, 1923, ch. 209, p. 835. 
 
 Sec. 1°. Pressed bay or straw to be weighed and marked before deliv- 
 ery, bow. — Before any hay or straw pressed into bundles shall be 
 delivered to any purchaser within the State the same shall be 
 weighed by some town weigher and the tare for wood and other 
 bindings about the said bundles, as nearly as the same can be ascer- 
 tained without unbinding the same, shall be deducted therefrom, and 
 the gross weight of such bundle with the tare ascertained as afore- 
 said and the said weight of the hay or straw therein shall, in legible 
 figures with the initials of the weigher, be marked upon some board 
 or wood attached to each bundle of hay or straw. 
 
 Sec. 2. Penalty for fraud in making up bundles of hay or straw. — 
 Every person who shall put into or conceal in any bundle of hay 
 or straw any wet or damaged hay or other material or hay of an 
 inferior quality to that which plainly appears upon the outside of 
 such bundle or who knowingly offers for sale or sells any bundle of 
 hay as merchantable in which there is concealed any such wet, dam- 
 
726 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 aged or inferior hay or other material shall be deemed guilty of a 
 misdemeanor. 
 
 Sec. 3. Penalty for violations of this chapter. — Every person violat- 
 ing any of the provisions of this chapter shall be fined twenty dollars 
 and forfeit one hundred dollars, one-half thereof to the use of the 
 town and one-half thereof to the use of the person who shall sue for 
 the same. But nothing herein contained shall be so construed as 
 to apply to the sale of hay and straw sold by the producer thereof 
 for consumption and not to be resold, nor to prevent the purchase of 
 commodities by a standard weight expressly agreed on by the parties. 
 
 Gen. Laws, 1923, ch. 195, p. 806. 
 
 Sec. 1°. Measurers, how to be elected. — The towns of Bristol, Warren, 
 Warwick, West Warwick, East Greenwich and North Kingstown 
 shall, and any other towns may, at any annual meeting for the choice 
 of town officers, elect in each of said towns respectively not exceed- 
 ing two persons to be measurers of grain and salt. The city councils 
 of the several cities, at the time of the election of city officers, shall 
 respectively elect at least two such measurers for said cities. 
 
 Sec. 2. Measurers may appoint deputies and employ assistants. — Such 
 measurers may appoint as many deputy measurers and employ as 
 many assistants as they may deem expedient, who shall be engaged 
 to the faithful performance of their duties. 
 
 Sec. 3. Duties of measurers. — The measurers shall measure or cause 
 to be measured in their presence, and shall certify the measure, of 
 all corn, rye, oats, barley and other grain and salt imported into such 
 town from without the limits of the State, which shall be sold and 
 delivered from any vessel or water-craft or any railroad-car in said 
 town, in any quantity exceeding twenty-five bushels at one sale, to 
 one person or company. 
 
 Sec. 4. Weight of bushel of Indian corn and rye, Indian meal and rye 
 meal. — In the sale of Indian corn and rye the same shall be esti- 
 mated at the rate of fifty-six pounds to the bushel, barley at the 
 rate of forty-eight pounds to the bushel, and oats at the rate of 
 thirty -two pounds to the bushel. In the sale of Indian meal or rye 
 meal by weight, the same shall be estimated at the rate of fifty 
 pounds to the bushel. Every person who shall sell a less number 
 of pounds for a bushel shall be fined ten dollars. 
 
 Sec. 5. Compensation of the measurers. — The measurers shall receive 
 as compensation, for every bushel of grain or salt aforesaid by them 
 measured and certified, where the same shall exceed one hundred 
 and fifty bushels, one-half of one cent per bushel, and for any quan- 
 tity less than one hundred and fifty bushels, one cent per bushel, to 
 be paid by the vendor upon the tender of the certificate of the 
 measurers, the vendor charging one-half of the same to the pur- 
 chaser, unless otherwise by them agreed; but no measurer shall be 
 entitled to receive more than one-half of one cent per bushel for 
 measuring whenever the quantity shall exceed one hundred and fifty 
 bushels, delivered from the same vessel or any car. 
 
 Sec. 6. Duties and fees in case of dispute. — The measurers or their 
 deputies shall measure and certify as aforesaid in all cases of sale and 
 delivery of said articles in the towns where they are appointed, in 
 quantity aforesaid, from any store or other places of selling in said 
 towns, whenever a dispute shall arise between the seller and pur- 
 
BHODE ISLAND 727 
 
 chaser, if called on for that purpose by either party, for which duty 
 they shall receive the same compensation, and payable in like manner, 
 as hereinbefore provided. 
 
 Sec. 7. Penalty for the sale of grain or salt without measurement and 
 certificate. — Every person who shall sell and deliver from any ves- 
 sel, water-craft or railroad-car in said towns any such grain or salt in 
 a quantity exceeding twenty-five bushels, at one sale and delivery, 
 without having the same duly measiired and certified as aforesaid 
 by one of the said measurers, or shall refuse to permit a measurer or 
 deputy to measure such articles when sold from any water-craft or 
 railroad-car, shall forfeit fifty dollars for each offense, one-half 
 thereof to the use of the person who shall sue for the same and one- 
 half thereof to the use of the town where the offense shall be com- 
 mitted. 
 
 Sec. 8. Penalty on measurer for neglect of duty. — Every measurer or 
 deputy measurer who shall, after being duly requested to perform 
 any of the duties prescribed by this chapter and after tender of his 
 fees therefor, refuse or neglect so to do, shall forfeit ten dollars for 
 each offense, one-half thereof to the person who shall sue therefor 
 and one-half thereof to the use of the town where such neglect 
 occurred. 
 
 Sec. 9. Sales regulated by contract for measure or weight. — Nothing 
 in this chapter shall be so construed as to apply to or affect the sale, 
 delivery or measuring of any of the articles aforesaid, in the sale 
 whereof it shall have been contracted by the seller and purchaser that 
 the same shall be sold and delivered at custom-house measure, the 
 same being measured under the inspection of a custom-house in- 
 spector, or to the sale of grain where the contract is that it shall be 
 delivered by weight. 
 
 Gen. Laws, 1923, ch. 192, p. 803. 
 
 Sec. 1°. Hogshead-hoops. — All hoops made or brought into any town 
 in the State and offered for sale as hogshead-hoops shall be at least 
 one-half thereof eleven feet and a half in length, and the other half 
 not less than ten feet in length; and all those offered for barrel- 
 hoops shall hold out one with another at least seven feet and a half 
 in length, and be of such size and substance as shall be sufficient 
 for locking at the small end and be otherwise suitable for immediate 
 working. 
 
 Sec. 2. Duties of inspectors. — Inspectors of hoops shall view all 
 hoops that may be offered for sale in or exported from this State. 
 
 Sec. 3. Defective hoops to be condemned and sold; proceeds, disposed 
 of in what manner. — Whenever they shall inspect any hoops so 
 offered for sale or to be exported, and shall find that the same fall 
 "short in the length aforesaid, or are not of such size and substance 
 as by this chapter is required, such hoops shall be condemned and sold 
 at auction by the officer who shall inspect the same, within twenty- 
 four hours after giving notice to the owner thereof; and one quar- 
 ter part of the money arising from the sale shall be applied to the 
 use of the town where they shall be sold, and the remainder, after 
 paying unto the inspector of such hoops his fees, shall be returned 
 to the owner. 
 
 Sec. 4. Hoops to be put up into bundles; if deficient, to be condemned 
 and sold; and proceeds, how disposed of. — All hoops shall be put up 
 
728 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 in bundles, to contain twenty-five each, and be sold by net hun- 
 dreds; whenever the officer inspecting shall find any fraud in the 
 bundles by their not containing the full number, every such bundle 
 shall be condemned as forfeited, to be sold by the inspector in manner 
 aforesaid; the money, after paying the inspector his fees, shall be 
 by him lodged in the town treasury of the town where they are sold, 
 for the use of the town. 
 
 Sec. 5. Penalty for shipping of hoops not surveyed. — Every person 
 who shall ship for exportation out of this State any hoops which 
 have not been duly inspected and allowed to be merchantable agree- 
 ably to this chapter, shall forfeit four dollars for every thousand 
 hoops so shipped, to be recovered by any inspector of hoops in the 
 town where they shall be so shipped, one-half thereof to the use of 
 the State and one-half thereof to the use of the inspector who shall 
 rue for the same. 
 
 Sec. 6. Fees of inspectors. — Inspectors of hoops shall receive at and 
 after the rate of twenty-five cents for every thousand hoops they 
 shall inspect and examine ; and if the hoops shall be adjudged good 
 and merchantable, the buyer shall pay the same. 
 
 Gen. Laws, 1923, ch. 247, p. 973. 
 
 Sec. 1. (1899). Concentrated commercial feeding-stuffs, sale of, regu- 
 lated. — Every lot or parcel of any concentrated commercial feeding- 
 stuff, as defined in section three of this chapter, used for feeding 
 domestic animals, sold, offered or exposed for sale in this State, 
 shall have affixed thereto, in a conspicuous place on the outside 
 thereof, a legible and plainly printed statement stating and truly 
 certifying the number of net 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, * * * 
 
 Gen. Laws, 1923, ch. 246, p. 970. 
 
 Sec. 1 (1910). Commercial fertilizers to bear label giving net weight. — 
 Every lot or parcel of commercial fertilizer, or material used for 
 manurial purposes, excepting the dung of poultry and domestic 
 animals in its usual condition, sold, offered, or exposed for sale 
 within this State shall be accompanied by a plainly printed label 
 stating clearly and truly the number of net pounds of fertilizer in 
 the package, * * * 
 
 Gen. Laws, 1923, ch. 207, p. 833. 
 
 Sec. 1°. Measure of fish sold for manure; to be sealed. — Whenever fish 
 are sold by measure for manure they shall be measured in a barrel 
 or half-barrel, the barrel containing twenty-eight gallons and the 
 half-barrel fourteen gallons, which shall be sealed by a sealer of 
 weights and measures. 
 
 Sec. 2. Penalty for sealing falsely. — Every sealer of weights and 
 measures who shall seal any barrel or half-barrel which shall contain 
 a less quantity than prescribed in the preceding section shall be fined 
 fifty dollars. 
 
 Sec. 3. Penalty for using unsealed measure. — Every person who shall 
 measure any fish sold by the measure in any barrel or half -barrel 
 not sealed according to the provisions of this chapter, shall be fined 
 ten dollars for each offense. 
 
RHODE ISLAND 729 
 
 Gen. Laws, 1923, ch. 190, p. 796. 
 
 Sec. 4°. Casks for pickled fish, how filled. — Every cask [of pickled 
 fish] shall be well seasoned and bound with twelve hoops; casks for 
 menhaden and herrings shall be of the capacity to hold twenty-eight 
 gallons, and those for other fish of the capacity, if a barrel, to hold 
 two hundred pounds, and if a half-barrel, one hundred pounds 
 weight of fish ; each cask shall be full and the fish shall be sound and 
 well cured. 
 
 Sec. 7. Mackerel, first quality. — There shall be five qualities of 
 mackerel. Mackerel of the best quality, not mutilated, measuring 
 not less than fourteen inches from the extremity of the head to the 
 notch or fork of the tail, free from rust, taint or damage, and that 
 shall count not more than one hundred and fifty fish to the barrel, 
 shall be branded on the barrel or covering containing them, 
 BLOATEKS. 
 
 Sec. 8. Second quality. — Mackerel of the best quality, not muti- 
 lated, being not less than thirteen inches, measured as aforesaid, 
 free from rust, taint or damage, that shall count not more than 
 two hundred fish to the barrel, shall be branded NUMBER ONE. 
 
 Sec. 9. Third quality. — Mackerel being not less than eleven inches, 
 measured as aforesaid, free from rust, taint or damage, and that 
 shall count not more than three hundred and fifty fish to the barrel, 
 shall be branded NUMBER TWO. 
 
 Sec. 10. Fourth quality. — Mackerel of the next inferior quality, 
 free from taint or damage, not less than ten inches, measured as 
 aforesaid, that shall count not more than five hundred fish to the 
 barrel, shall be branded NUMBER THREE. 
 
 Sec. 11. Fifth quality. — All other mackerel, free from taint or 
 damage, shall be branded NUMBER FOUR. 
 
 Sec. 12. Mackerel are not to be sold without brand of quality. — No 
 person or persons shall sell or offer for sale any mackerel without 
 having stamped, upon the barrel or covering containing the same, in 
 a plain and legible manner the quality of said fish as classified 
 above. 
 
 Sec. 13. Fishermen excepted. — Nothing in this chapter contained 
 shall be so construed as to prevent any fishermen or owners of fish, 
 coming to this State from their fishing-trips, from selling or re- 
 shipping their fish to any other of the United States without being 
 packed into barrels or half-barrels. 
 
 Sec. 14. Penalty for sale of fish not approved and branded. — Every 
 person who shall offer for sale in or attempt to export from the 
 State any pickled fish which have not been approved by a sworn 
 packer, or in casks which are not branded as aforesaid, shall be fined 
 fifty dollars for each offense. 
 
 Sec. 15. Penalty for altering contents of a branded cask, or for imi- 
 tating a brand. — Every person who shall shift any fish from any cask 
 after the same has been branded by the packer, and shall offer to 
 sell or export the same from this State, or shall brand any cask 
 into which the same shall be shifted, or shall brand any cask with 
 the branding-iron of a packer or with any iron made in imitation 
 thereof, shall be fined not less than thirty dollars nor more than one 
 hundred and sixty dollars for each offense. 
 
730 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 16. Penalty for fraud. — Every packer who shall be guilty of 
 any fraud or neglect in packing any fish contrary to this chapter, or 
 shall brand any cask not thoroughly examined according to the 
 provisions thereof, shall be fined fifty dollars for each offense. 
 
 Sec. 17. Fees of packers. — The packers of fish shall be paid for 
 opening, assorting, inspecting, weighing, pickling, packing, or re- 
 packing, heading-up, nailing, and giving a certificate, if pickled 
 codfish or mackerel, twenty cents for every barrel and fifteen cents 
 for every half -barrel by the owner thereof: Provided, That for all 
 pickled codfish or mackerel which have been inspected in some one 
 of the United States and which shall not in the judgment of the 
 packer require repacking, the said owner shall pay to the packer 
 twenty cents only for unheading, inspecting, reheading, branding, 
 nailing and giving a certificate thereof, and for all other, except 
 codfish and mackerel, the owner thereof shall pay the packer twenty- 
 five cents for every cask. 
 
SOUTH CAROLINA 
 
 Code, 1922, Vol. 3, ch. 37, p. 1070. 
 
 Sec. 3559 (1893). Standard. — Weights and measures shall be regu- 
 lated by the standard fixed by the Congress of the United States. 
 
 Sec. 3561. Clerks of court to keep; same to be purchased by the gov- 
 ernor. — The clerk of the court of common pleas and general sessions 
 of each county in this State shall furnish, and is required to keep in 
 his office, the weights and measures established by law, which shall 
 be the standards of all other weights and measures in said county, 
 and to which any person shall have free access to test the same ; and 
 the governor of the State is authorized and required to purchase such 
 standard weights and measures out of the fines and forfeitures in- 
 curred in their respective counties. 
 
 Acts, 1923, Act Ho. 39, p. 72. 
 
 Sec. 1. Standard weights per bushel and barrel. — That the following 
 shall be the legal and uniform standard of weights and measures in 
 this State for the sale and purchase of the following-named products 
 of the farm, orchard or garden, and articles of merchandise, to wit : * 
 
 Apples, green 
 
 bushels per barrel. _ 2 2}/% 
 
 Apples, green 
 
 pounds per busheL _ 50 
 
 Apples, dried do 24 
 
 Apples, seed do 40 
 
 Blue grass, seed do 14 
 
 Beans, dried do 60 
 
 Beans, green, in pods do 30 
 
 Beans, green, in pods 
 
 bushels per barrel. _ 2J^ 
 
 Beans, castor 
 
 pounds per busheL . 
 
 Beets do 
 
 Blackberries do 
 
 Blackberries, dried do 
 
 Bran 
 
 Broom-corn seed 
 
 Buckwheat 
 
 Barley do 
 
 Beef, net pounds per barrel.. 
 
 Cane seed_. pounds per busheL. 
 
 Carrots do 
 
 Cabbage do 
 
 Cherries, with stems do 
 
 Cherries, without stems_-do 
 
 Corn, shelled do 
 
 Corn in ear, shucked do 
 
 Corn in ear, with shUcks.do 
 
 Corn, green, with shucks.do 
 
 Corn, green, with shucks 
 
 bushels per barrel 2J^ 
 
 .do__. 
 ...do... 
 ...do__. 
 
 46 
 50 
 48 
 28 
 20 
 42 
 50 
 48 
 
 200 
 50 
 50 
 50 
 56 
 64 
 56 
 70 
 74 
 
 100 
 
 Corn, matured, with shucks 
 
 bushels per barrel. . 
 
 Corn, pop pounds per bushel.. 
 
 Corn meal, unbolted do 
 
 Corn meal, bolted do 
 
 Cucumbers do 
 
 Chestnuts do 
 
 Cement do 
 
 Coke do 
 
 Charcoal do 
 
 Coal, stone do 
 
 Canary seed do 
 
 Clover seed, red and white 
 
 pounds per busheL . 
 
 Cottonseed do 
 
 Cottonseed, long staple do 
 
 Cranberries do 
 
 Currants do 
 
 Flax seed do 
 
 Flour pounds per barrel.. 
 
 Fish do 
 
 Gooseberries 
 
 pounds per busheL. 
 
 Grapes, with stems do 
 
 Grapes, without stems do 
 
 Horseradish do 
 
 Hickory nuts do 
 
 Hair, plastering do 
 
 Hominy do 
 
 Hungarian seed do 
 
 Hemp seed do 
 
 Kaffir corn do 
 
 5 
 56 
 48 
 48 
 48 
 50 
 80 
 40 
 22 
 80 
 60 
 
 60 
 30 
 30 
 32 
 40 
 56 
 196 
 200 
 
 48 
 48 
 60 
 50 
 50 
 8 
 62 
 48 
 44 
 56 
 
 1 A slight change has been made in the arrangement for convenience of reference. 
 a See footnote, p. 20, relative to the Federal standard barrel. 
 
 731 
 
732 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Potatoes, sweet 
 
 pounds per bushel. 
 
 Potatoes, sweet 
 
 bushels per barrel. 
 
 Peanuts pounds per bushel. 
 
 Pork, net.. pounds per barrel. 
 Quinces, matured 
 
 pounds per bushel. 
 
 Rape seed do 
 
 Raspberries do 
 
 Rice, rough do 
 
 Rye seed do 
 
 Redtop do 
 
 Rutabagas do 
 
 Rye grass, Italian, seed.. do 
 
 Rye meal do 
 
 Sage do 
 
 Salt do... 
 
 Sorghum molasses 
 
 pounds per gallon. 
 
 Sorghum seed 
 
 pounds per bushel. 
 
 Strawberries do 
 
 Salads, turnips, kale do 
 
 Salads, mustard, spinach 
 
 pounds per bushel. 
 
 Turnips bushels per barrel. 
 
 Turnips pounds per bushel. 
 
 Tomatoes do 
 
 Timothy seed do 
 
 Velvet grass seed do 
 
 Walnuts do 
 
 Wheat do 
 
 50 
 
 23 
 200 
 
 48 
 50 
 48 
 44 
 56 
 14 
 60 
 20 
 50 
 4 
 50 
 
 12 
 
 50 
 48 
 12 
 
 12 
 
 2H 
 50 
 56 
 45 
 
 7 
 50 
 60 
 
 Land plaster 
 
 pounds per bushel. _ 100 
 
 Lime, unslacked do 80 
 
 Lime, slacked do 40 
 
 Liquids gallons per barrel. . 42 
 
 Melon, cantaloupe 
 
 pounds per bushel. _ 50 
 
 Melon, cantaloupe 
 
 bushels per barrel. _ 2J^ 
 
 Millet, German, seed 
 
 pounds per bushel. . 50 
 
 Millet, Missouri do.^.. 50 
 
 Millet, Tennessee do 50 
 
 Orchard grass seed do 14 
 
 Osage orange seed do 33 
 
 Oats, seed do 32 
 
 Onions, matured do 56 
 
 Onions, top buttons do 28 
 
 Onions, button sets do 32 
 
 Parsnips do 50 
 
 Peas, dry do 60 
 
 Peas, green do 30 
 
 Peas, green, in hull 
 
 bushels per barrel.- 2J^ 
 
 Peaches, matured 
 
 pounds per bushel.. 50 
 
 Peaches, dried do 25 
 
 Pears, matured do 36 
 
 Pears, dried do 26 
 
 Plums do 64 
 
 Pieplant do 50 
 
 Potatoes, Irish 
 
 bushels per barrel. _ 2J^ 
 
 Potatoes, Irish 
 
 pounds per bushel. _ 60 
 
 Sec. 2. Produce to have standard weights approved by the U. S. Gov- 
 ernment. — That any article of produce from garden or farm not 
 mentioned in section 1, shall be the same standard per bushel, or per 
 gallon, as adopted and approved by the United States Government: 
 Provided further, That all packages of the articles enumerated in 
 section 1 of this act shall correspond in weight and measures to the 
 standards fixed in section 1. 
 
 Sec. 3. Unlawful to buy or sell except by standards provided. — That 
 it shall be unlawful to buy or sell any of the products of any farm, 
 orchard or garden, or articles of merchandise mentioned in section 1, 
 except in strict accordance with the standard weights and measures 
 provided therein. 
 
 Sec. 4. "Unlawful to dock any articles. — That it shall be unlawful 
 to dock any of the articles mentioned in section 1, delivered in good 
 condition and in marketable form on account of keg or barrel or 
 other receptacle, without allowing the value of same. 
 
 Sec. 5. Unlawful to bag for sale corn meal or grits except by speci- 
 fied weights; contents to be marked; proviso. — It shall be unlawful for 
 any person or persons to bag for sale, sell or offer for sale in this 
 State any corn meal or grits, except in bags or packages containing, 
 by standard weight, two bushels, or one bushel, or one-half bushel, 
 or one-fourth bushel, or one-eighth bushel, respectively; each bag 
 or package of corn meal shall have plainly printed or marked 
 thereon whether the meal is bolted or unbolted, the amount it con- 
 tains in bushels or fraction of a bushel, and the weight: Provided,, 
 
SOUTH CAROLINA 733 
 
 The provisions in this section shall not apply to the retailing of 
 meal or grits except to consumers from bulk stock when priced 
 and delivered by actual weight or measure. 
 
 See. 6. Inspection of weights and measures, etc. ; powers of officials. — 
 That it shall be the duty of the commissioner of agriculture, com- 
 merce and industries or his duly authorized representatives to inspect 
 as often as practical all weights, scales, beams, measures of any 
 kind, instruments or mechanical devices for weighing or measuring, 
 and tools, appliances and accessories connected with any or all such 
 instruments or measures used in trade in this State. The commis- 
 sioner or his duly authorized representatives for the purposes above 
 mentioned, and in the general performance of his duties, without 
 formal warrant, may enter or go into or upon, any stand, place, 
 building or premises or stop any vendor, peddler, junk dealer, driver 
 or [of] coal wagon or ice wagon or the driver of any wagon contain- 
 ing commodities for sale or delivery and if necessary, require him to 
 proceed to some place which the commissioner or his agents may 
 specify for the purpose of making proper tests. 
 
 Sec. 7. Weights and measures, etc., may be condemned, seized or de- 
 stroyed, when; may be kept out of use, when; commissioner may issue 
 regulations. — The commissioner of agriculture, commerce and indus- 
 tries or his duly authorized representatives shall condemn and seize 
 and may destroy incorrect weights and measures and weighing and 
 measuring devices which in his best judgment are not susceptible of 
 repair, but any weight, measure or weighing or measuring device 
 which shall be found to be incorrect, but which in his best judgment 
 are [is] susceptible of repair, he shall serve a written order upon the 
 person or persons, firms or corporations in whose possession the 
 inaccurate device is found forbidding the use of such device, and 
 shall attach thereto a seal, tag or statement stating the device is 
 condemned. Also, he shall lock the weighing or measuring device 
 in such a manner that it can not be used. The commissioner of 
 agriculture, commerce and industries, however, may in his discretion 
 release the weighing or measuring device so condemned and annul 
 the restraining order when the requirements of the provisions of this 
 act have been complied with. The commissioner is hereby em- 
 powered and authorized to prescribe and issue such regulations as 
 may be necessary for the proper enforcement of this act, and any 
 person or persons who shall violate any regulation issued by the 
 commissioner shall be guilty of a violation of this act. The owners 
 or users of any weights or measures or weighing or measuring de- 
 vices which have been marked condemned, and upon whom an order 
 has been served forbidding the use of such weighing device as in this 
 section provided, may neither use or dispose of the same in any 
 way, or remove or allow to be moved any seal, tag or statement 
 attached thereto by a representative of the department of agriculture, 
 commerce and industries without the approval and consent of the 
 commissioner. 
 
 Sec. 8. Possession of weights and measures which have been tampered 
 with, prima facie evidence of violation of act, when. — Possession of 
 any weight or measure or weighing or measuring device of any kind 
 which appears to have been tampered with or altered in any manner 
 whatsoever, so as to falsify any weight or measure or weighing or 
 measuring device of any kind shall be prima facie evidence of the 
 
734 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 fact that it was intended to be used in violation of this act: Pro- 
 vided further, That any weight or measure or weighing or measuring 
 device found upon inspection to have been tampered with or altered 
 in any manner so as to falsify a weight or measure shall be seized 
 and may be destroyed by the commissioner or his agents acting under 
 his instructions. 
 
 Sec. 9. Refusal of owners to exhibit weights and measures, etc., viola- 
 tion of act. — Any person, who by himself, or his employee, or as a 
 proprietor or manager., shall refuse to exhibit any weight, measure 
 or weighing or measuring device of any kind, or appliance or acces- 
 sories connected with any or all such devices or measures which is 
 in his possession or under his control, to the commissioner of agri- 
 culture, commerce and industries or his duly authorized representa- 
 tives, for the purpose of allowing the same to be inspected and 
 examined as in this act provided, who shall hinder or obstruct the 
 inspector in the general performance of official duties shall be 
 deemed a violation of this act. 
 
 Sec. 10. Net contents of packages to be marked. — Whenever any of 
 the commodities within the provisions of section 1 of this act, or 
 any article or merchandise of any kind whatsoever, not specified in 
 this act are sold, or exposed for sale in packages or containers of 
 any kind, the net quantity of the contents of the package or con- 
 tainer shall be plainly marked, branded, or otherwise indicated on 
 the outside or top thereof or on a label or tag attached thereto. 
 
 Sec. 11. Rules for designating quantity of contents of commodities. — 
 The designation of the quantity of the commodity required in sec- 
 tion 10 of this act shall be in terms of weight, measure or numerical 
 count, subject however to the following provisions : 
 
 (a) The quantity of the contents so marked shall, be the net 
 amount of food or stuff or other commodity in the package or con- 
 tainer. 
 
 (b) If the designation is by weight it shall be in terms of avoir- 
 dupois pounds and ounces ; if the designation is in liquid measure it 
 shall be in terms of the United States gallon of two hundred and 
 thirty-one cubic inches and its customary subdivisions, i. e., in gal- 
 lons, quarts, pints or fluid ounces. 
 
 (c) The quantity of solids shall be designated in terms of weight 
 and of fluid in terms of measure, except in case of articles in respect 
 to which there exists a definite trade custom; in such case the desig- 
 nation shall be in terms of weight, measure, or numerical count, in 
 accordance with such custom. 
 
 (d) The quantity of the contents shall be designated in terms of 
 weight or measure, unless the container marked by numerical count, 
 gives accurate information as to the quantity of the food or other 
 commodity in the package. When the designation is by numerical 
 count it shall be in English words or Arabic numerals. 
 
 (e) The quantity of the contents may be stated in terms of mini- 
 mum count, but in such cases the designation must approximate the 
 actual quantity and there shall be no tolerance below the minimum. 
 
 (/) The quantity of viscous or semi-solid foods, or of a mixture 
 of solids and liquids, may be stated in terms of weight and measure. 
 When products are packed in brine or other preserving fluids, the 
 weight or measure of such brine or fluids shall not be included in 
 
SOUTH CAROLINA 735 
 
 the weight or "measure of the edible or commodity indicated on the 
 container. 
 
 The provisions of this act shall not apply — 
 
 (a) To any sale of any commodity within the provisions of this 
 section when such sale is made from bulk and the quantity is 
 weighed, measured or counted for the immediate purpose of such 
 sale. 
 
 (b) To a sale of any container of an ornamental or symbolic 
 character with which a quantity of some commodity is sold as 
 merely incidental. 
 
 (<?) To a sale of a commodity in any container of a net weight of 
 two ounces or less, or of a commodity of any container of a measure 
 two fluid ounces or less, or of a commodity of any container of a 
 numerical count of six or less. 
 
 (d) To the sale of medicine when prescribed by licensed physi- 
 cian, veterinarian or dentist; or to medicinal or pharmaceutical 
 preparations or mixtures or two or "more medicinal substances. 
 
 Sec. 12. Discrepancy between actual and marked quantity no viola- 
 tion, when. — It shall not be held to be a violation of the provisions 
 of this act when a commodity in a container is sold, or offered or 
 exposed for sale, and there is a discrepancy between the actual quan- 
 tity of the commodity in said container and the net quantity of the 
 contents thereof indicated on the container as here prescribed : Pro- 
 vided, That the seller purchased said commodity in said container, 
 in good faith relying upon the said indication of the net contents 
 thereof, and sold said commodity in said container without altering 
 the contents thereof or the indication of the contents thereof: And 
 provided, further, That the exeption of this section shall not apply 
 to any sale unless the container had the name of a packer, manufac- 
 turer, wholesaler, or jobber thereon at the time the seller pur- 
 chased it. 
 
 Sec. 13. " Person " denned. — The term person used in this act shall 
 include every person, firm, company, co-partnership, society, asso- 
 ciation and corporation. 
 
 Sec. 14. " Container " denned ; proviso. — The term container used in 
 this act is hereby defined to be any receptacle or carton into which a 
 commodity is packed, or any wrappings with which any commodity 
 is wrapped or put up for sale : Provided, That where individual 
 packages or containers, properly labeled to comply with this act, are 
 packed in an outside case or carton for convenience in shipping or 
 handling, the term " container " shall not be construed to include or 
 apply to such outside care or carton. No containers, boxes or 
 baskets wherein food products or other commodities are packed shall 
 have a false bottom, or be so constructed as to facilitate the perpe- 
 tration of deception or fraud. 
 
 Sec. 15. Offering or exposing for sale prima facie evidence of viola- 
 tion. — Any person, who by himself or by his servant or agent, or as 
 the servant or agent of another, shall offer or expose for sale, sell for 
 use, any commodity, package, article or thing, less than the quantity 
 he represents, then such commodity, package, article or thing shall 
 be prima facie evidence of the fact that it was intended to be sold, 
 or proof of such shall be deemed a violation of this act. 
 
 517—27 47 
 
736 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 Sec. 16. Penalty; each instance separate offense. — Every person, who 
 by himself or his agent, servant or employee violates or causes or per- 
 mits to be violated any of the provisions of this act shall be guilty 
 of a misdemeanor and upon conviction shall be fined not less than 
 $25.00, nor more than $100.00, or shall be imprisoned in the county 
 jail for a term not to exceed 30 days or by both such fine and im- 
 prisonment. Each and every instance shall constitute a separate 
 offense. 
 
 Sec. 17. Standards, which are; to be kept by commissioner of agricul- 
 ture; tolerances established under act to conform to those established by 
 U. S. Government. — Such weights and measures as have been, or 
 may hereafter be furnished this State, or such weights and measures 
 as have been or may hereafter be approved by the Government of 
 the United States shall be kept by the commissioner of agriculture, 
 commerce and industries; and the said weights and measures shall 
 be deemed and taken to be the standard weights and measures, by 
 which all the weights and measures in this State shall be regulated : 
 Provided further, That all tolerance now in effect or which may 
 hereafter be established pursuant to the provisions of this act, shall be 
 the same as now in effect or hereafter may be adopted or approved by 
 the United States Government. 
 
 Code, 1922, Vol. 3, ch. 37, Art. 2, p. 1073. 
 
 Sec. 3572 (1921). Standards of containers. — After investigation, and 
 from time to time as may be practicable and advisable, the division 
 of markets of the extension service shall have authority to establish 
 and promulgate standards of open and closed receptacles for, and 
 standards for the grade and other classification of farm products, 
 by which their quantity, quality and value may be determined, and 
 prescribe and promulgate rules and regulations governing the marks, 
 brands and labels which may be required for receptacles for farm 
 products, for the purpose of showing the name and address of the 
 producer or packer; the quantity, nature and quality of the product, 
 or any of them, and for the purpose of preventing deception in 
 reference thereto, and for the purpose of establishing a State brand 
 for any farm product produced in South Carolina: Provided, That 
 any standard for any farm product or receptacle therefor, or any re- 
 quirement for marketing receptacles for farm products, now or here- 
 after established under authority of the Congress of the United 
 States, shall forthwith, as far as applicable, be established or 
 prescribed and promulgated as the official standard or requirement 
 in the State: Provided, further, That no standard established or 
 requirement for marketing prescribed under this article shall be- 
 come effective until the expiration of thirty days after it shall have 
 been promulgated. 
 
 Sec. 3573. Packing of farm products for sale to conform to grades, 
 receptacles, etc. — Whenever any standard for the grade or other 
 classification of any farm product becomes effective under this 
 article no person thereafter shall pack for sale, offer to sell, or sell 
 within this State any such farm product to which such standard is 
 applicable, unless it conforms to the standard, subject to such reason- 
 able variations therefrom as may be allowed in the rules and regula- 
 
SOUTH CAKOLINA 737 
 
 tions made under this article : Provided, That any farm product may 
 be packed for sale, offered for sale, or sold, without conforming to 
 the standard for grade or other classification applicable thereto, if 
 it is especially described as not graded or plainly marked " Not 
 graded." Whenever any standard for an open or closed receptacle 
 for a farm product shall be made effective under this article no per- 
 son shall pack for sale in and deliver in a receptacle, or sell in and 
 deliver in a receptacle, any such farm product to which such standard 
 is applicable, unless the receptacle conforms to the standard, subject 
 to such variations therefrom as may be allowed in the rules and regu- 
 lations made under this article : Provided, That the requirement as to 
 receptacle shall not apply to produce sold or offered for sale in less 
 than car lots. Whenever any requirement for the marketing, brand- 
 ing or labeling of a receptacle for a farm product becomes effective 
 under this article, no person thereafter shall pack for sale, offer for 
 sale, consign for sale, or sell and deliver, any such farm product in a 
 receptacle to which such requirement is applicable, unless the recep- 
 tacle be marked, branded or labeled according to such requirement, 
 or unless such product be brought from outside the State and offered 
 for sale, consigned for sale, or sold in the original package. The 
 chief of the division of markets is authorized, at any time, to cause 
 such inspections and classifications to be made and such certificates 
 to be issued, as he may deem necessary to enforce the provisions of 
 this article. Such inspections to be made without charge only when 
 no request is made by grower, shipper, receiver or any other party 
 and inspection is made for the purpose of demonstration or for en- 
 forcing the provisions of this article. 
 
 Code, 1922, Vol. 3, ch. 51, p. 1305. 
 
 Sec. 4498 (al917). Public weighers; applies only to Chester and 
 Florence Counties. — The municipal authorities of cities and towns of 
 this State be, and they are hereby, empowered to require all dealers 
 and sellers of coal, coke, unbaled hay, cattle, cotton seed, or other 
 articles of like nature and character, sold in bulk, by weight, and 
 sold within the limits of any city or town to have the same weighed 
 upon the public scales within such city or town, and to impose a 
 charge therefor of not more than ten cents for each draft, one-half to 
 be paid by the seller, and one-half to be paid by the buyer. Said 
 municipal authorities may enforce the provisions of this section by 
 such fine and imprisonment as may now or hereafter be prescribed by 
 law for the violation of the ordinance of the city or town : Provided, 
 That the provisions of this section shall apply only to Chester and 
 Florence Counties. 
 
 Sec. 4649 (1896). Coal to be weighed on the public scales. — The mu- 
 nicipal authorities of the cities and towns of this State of not less 
 than ten thousand inhabitants be, and they are hereby, empowered to 
 require all dealers of coal to weigh all coal sold within the limits of 
 such cities and towns upon the public scales of such cities and towns 
 and to impose a charge therefor of not more than ten cents for each 
 draft. Said municipal authorities may enforce the provisions of the 
 foregoing paragraph by such fine and imprisonment as may be now 
 
738 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or hereafter prescribed by law for the violation of the ordinances of 
 such cities or towns. 
 
 Code, 1922, Vol. 3, ch. 19, Art. 14, p. 350. 
 
 Sec. 1003 (al910). Quantity to be stamped on packages of oysters, 
 
 etc. — * * * Each package containing oysters canned in this 
 
 State, or raw shucked oysters gathered in this State, clams gathered 
 
 in this State, or terrapin offered for sale or transportation shall be 
 
 stamped by the manufacturer by the number of ounces or quantity of 
 
 oysters and the number of terrapin, and the number of bushels of 
 
 clams contained therein, and the number of ounces and fractions of 
 
 ounces of oysters [contained in each can shall be plainly stamped in 
 
 the metal cap of each can of oysters] 3 canned within the State. 
 * * * 
 
 Sec. 1018 (1921). Containers of oysters prescribed; violation a mis- 
 demeanor. — All oysters sold in the shell in this State shall be meas- 
 ured in a circular tub with straight sides, straight solid bottom, holes 
 in the bottom not more than one-half inch in diameter. The said 
 measure shall have the following dimensions: A bushel shall meas- 
 ure eighteen (18) inches from inside across bottom and twenty-one 
 (21) inches from bottom to top of chime. All measures used for 
 buying and selling oysters shall have a grade, to be adopted by the 
 board of fisheries or its lawful inspector. Any person violating this 
 section shall be guilty of a misdemeanor, and, upon conviction 
 thereof, shall be fined not less than ten ($10.00) dollars nor more 
 than fifty ($50.00) dollars, or imprisonment for not more than 
 thirty (30) days. All measures found in the possession of any such 
 person not meeting the requirements of this section shall be 
 destroyed by said board or its lawful agents. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 1, p. 979. 
 
 Sec. 3286 (1920). Fertilizer; weight of package to be marked. — Every 
 person or corporation, before selling or offering for sale in this State 
 any commercial fertilizer or fertilizing material, shall brand on each 
 bag or package the brand name of the fertilizer, the weight of the 
 package, the name and address of the manufacturer, * * * 
 
 Sec. 3297. Weight of packages; penalties for short weight. — All fer- 
 tilizers or fertilizing materials sold or offered for sale for use within 
 this State, shall be in a package of one hundred or two hundred 
 pounds each, except as hereinafter provided (section 18) : 4 And pro- 
 vided, further, That this section shall not apply to foreign imported 
 goods in original packages. The weight of the package of fertilizers 
 shall be ascertained at the time of the delivery to the purchaser in 
 the presence of at least two disinterested witnesses ; one chosen by the 
 purchaser and one by the seller, and the purchaser shall, within five 
 days thereafter, notify the seller to make good such deficiency, and 
 upon failure of the seller to do so within twenty days thereafter, he 
 shall pay a penalty equal to the value of the goods, which penalty 
 shall become recoverable by the State, one-half of the penalty so 
 recovered to be paid to the purchaser, in the case of a sale, and the 
 
 8 The portion within the brackets was evidently omitted from the code by mistake. 
 * Sec. 18 refers to sales in bulk. 
 

 SOUTH CAROLINA 739 
 
 other half to be paid into the State treasury, subject to the order of 
 the board of trustees of Clemson College: Provided, If any such 
 seller shall refuse, decline or neglect to choose a witness as herein pre- 
 scribed, after having been notified or requested to do so, then he, or 
 they, shall have forfeited the right to do so, and the purchaser shall 
 select two witnesses who shall in turn select a third, and they shall 
 proceed to ascertain said weight. 
 
 Code, 1922, Crim. Code, Vol. 2, ch. 3, p. 46. 
 
 Sec. 175 (1875). Fraudulent packing of cotton. — Any person ox 
 persons convicted of knowingly and wilfully packing into any bag 
 or bale of cotton any stone, wood, trash, cotton, cottonseed, water, 
 or any matter or thing whatsoever, or causing the same to be done, 
 with the intent and purpose of cheating or defrauding any person 
 or persons whomsoever in the sale of such cotton, or who shall ex- 
 hibit or offer for sale any bag or bale of cotton so fraudulently 
 packed, at the time of said exhibit, or offer for sale knowing the 
 same to be so fraudulently packed, shall, on conviction thereof, as 
 aforesaid, be sentenced to pay a fine of not more than five hundred 
 dollars nor less than twenty dollars, and to be imprisoned for a term 
 of not more than six months nor less than one month. 
 
 Sec. 176 (1878). Charge of breakage on weighing cotton. — Any per- 
 son who shall put and make the charge known as " breakage upon 
 the weighing of cotton shall be guilty of a misdemeanor, and, upon 
 conviction thereof, shall be fined not more than twenty-five dollars, 
 or be imprisoned not more than thirty days, or both, in the discre- 
 tion of the court. 
 
 Sec. 181 (1910). Unlawful to deduct from weight of cotton; penalty. — 
 It shall be unlawful for any person, firm or corporation engaged in 
 the business of buying cotton in this State, as principal or agent, to 
 deduct any sum for bagging and ties from the weight or price of 
 any bale of cotton, when the weight of the bagging and ties does not 
 exceed six per cent of the gross weight of such bale of cotton. In 
 the event that the weight of the bagging and ties exceed six per 
 cent of the gross weight of such bale of cotton, only the excess over 
 the said six per cent may be deducted. 
 
 For each and every violation of this section, the offender shall be 
 guilty of a misdemeanor and shall be fined in the sum of not less 
 than five dollars nor more than twenty-five dollars, or imprisoned not 
 less than ten days nor more than thirty days: Provided, That this 
 section shall not apply to what is known in the trade as round bales, 
 and bales of cotton which weigh less than three hundred pounds. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 2, p. 989. 
 
 Sec. 3305 (1889). Tare on cotton prohibited. — The custom of making 
 a deduction from the actual weight of bales [of] unmanufactured 
 cotton as an allowance for breakage or draft thereon is abolished; 
 and all contracts made in relation to such cotton shall be deemed and 
 taken as referring to the true and actual weight thereof without de- 
 duction; and no tare 5 shall be deducted from the weight of such bales 
 of cotton except the actual weight of the bagging and ties used in 
 
 6 See sec. 181 of vol. 2 of the code. 
 
740 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 baling said cotton ; and whenever it shall be agreed between the 
 buyer and seller to deduct tare on cotton bales it shall be as follows: 
 For bales of cotton covered with seven yards of standard cotton bag- 
 ging 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 and seller 
 agree to sell at net weight, and when bales of cotton are covered with 
 seven yards of standard cotton bagging and six iron ties, the actual 
 tare shall be, and is hereby, fixed at sixteen pounds, and when bales 
 of cotton are covered with seven yards of standard jute bagging and 
 six iron ties, the actual tare shall be, and is hereby, fixed at twenty- 
 four pounds. 
 
 Sec. 3314 (1899). Cotton bales weighing not less than 300 pounds 
 made merchantable.— It shall be unlawful for any cotton buyer to 
 refuse to accept any bale of cotton, after he has bought the same by 
 sample thereof, weighing over three hundred pounds, provided same 
 corresponds in quality with sample bought by. 
 
 Sec. 3317 (al911). When public cotton weighers may be elected; 
 provisos. — Upon the petition of fifty or more qualified electors, who 
 are freeholders and growers of cotton in any township or parish in 
 which there may be a cotton market, the county board of commis- 
 sioners of that county shall annually elect one or more public cotton 
 Aveighers for said cotton markets, whose term of office shall be for one 
 year and until the election and qualification of his or their suc- 
 cessors: Provided, however, That there shall be two public cotton 
 weighers at Bishopville, Lee County, who shall receive ten cents 
 per bale for weighing cotton, five cents to be paid by the buyer and 
 five cents by the seller, and who shall give bond, with good and suffi- 
 cient surety, to be approved by supervisor, in the sum of one thou- 
 sand ($1,000.00) dollars each, conditioned for the faithful perform- 
 ance of his duty : Provided, That cotton weighers in the county of 
 Greenwood shall be elected to hold office for two years, and the cot- 
 ton weighers already elected in Greenwood County shall hold office 
 for two years from their election, and until their successors are 
 elected and qualify : Provided, That in the county of Sumter, no per- 
 son shall be voted for or elected a cotton weigher who is related 
 within the sixth degree by blood or marriage to one or any one of the 
 county board of commissioners of said county: Provided further, 
 That if more than one weigher be elected for the city of Sumter, then 
 in such event one of said weighers shall be elected upon the nomi- 
 nation and recommendation thereto by the city council of said city. 6 
 
 Sec. 3318 (al919). Cotton weighers. — Before entering upon the 
 duties of his office, each cotton weigher shall be legally sworn to dis- 
 charge the duties of the position by some officer authorized to admin- 
 ister oaths, and shall enter into bond in the sum of three hundred 
 dollars for the faithful performance of his duty, which bond shall 
 be approved by the county board of commissioners and filed with 
 
 8 There are a number of laws similar to this act, providing for the appointment or 
 election of cotton weighers for towns, cities, townships, and counties, upon petition of 
 twenty-five or more electors concerned who are residents of such political subdivision. 
 These are separate acts, and on account of their local nature and great length they have 
 been omitted from this compilation. 
 

 SOUTH CABOLIN-A 741 
 
 the clerk of the court of common pleas and general sessions for the 
 county in which said cotton market or markets may be situated. 
 Each weigher shall receive as compensation for his services not 
 more than ten cents 7 for each bale weighed by him, to be fixed by 
 the commissioners, the same to be paid in equal proportion by the 
 seller and buyer, except in those markets where the weigher may be 
 paid by individuals or corporations, at which markets the seller shall 
 pay nothing. 
 
 Sec. 3319 (al906). Duties of weigher; deputy weigher. — It shall be 
 the duty of each weigher to provide a platform and scales with 
 ample facilities for handling cotton with speed and at minimum 
 cost, at which platform or platforms all cotton sold in said mar- 
 ket or markets shall be weighed. It shall be the duty of each 
 weigher to weigh fairly and promptly all cotton sold in said market 
 or markets, issuing his own ticket, showing the weight of each bale 
 or package of cotton weighed. It shall be his further duty to adjust 
 any difference between sellers and buyers as to moisture and mixed 
 or false packing. In case of inability from sickness or other cause, 
 and from the first day of March to the first day of September of 
 each year, a weigher may appoint a deputy, who shall take, before 
 entering upon his duties, the usual oath of the office in the manner 
 required of the weigher. The elected weigher shall be responsible 
 on his bond for tlje official acts of his deputy. Each weigher or his 
 deputy shall devote his exclusive attention to the duties of his office 
 during the cotton marketing season. Each weigher shall test his 
 scales once a month by the standards in the office of the clerk of 
 court as provided by law : Provided, That the county board of com- 
 missioners may, for good and sufficient cause shown, remove any 
 such public cotton weigher from his office, after first giving such 
 weigher at least ten days' notice to show cause why he should not be 
 removed; and shall have power to fill any vacancy occurring in the 
 office of public cotton weigher, at the first regular meeting of the 
 said board after such vacancy occurs: Provided, That nothing 
 herein contained shall apply to sales made on plantations or at 
 cotton mills. 
 
 Sec. 3320 (al907). Further duties of weigher; platform of weigher. — 
 The cotton weighers shall be required to mark and number each 
 bale of cotton as indicated by tags of buyer, and keep the cotton of 
 each buyer together in order to facilitate prompt shipment. No 
 cotton shall be allowed to remain on the platform more than five 
 days, except upon being subject to a charge of one cent per bale 
 per day; and cotton left on platform for any time to be at the 
 owner's risk. The platform for cotton weighers shall be furnished 
 by the county and shall have a capacity of 5,000 bales, and the scales 
 on said platform shall be approachable from at least two sides. 
 The weighers, as aforesaid, shall render to the county commissioners 
 a monthly statement of the cotton weighed, and shall pay to the 
 county treasurer one cent per bale for all cotton weighed by them, 
 for the use of the platform. 
 
 ' By Acts, 1920, Act No. 468, p. 860, cotton weighers in Greenwood County " shall be 
 paid for weighing cotton sixteen cent? per bale ; one-half of said amount shall be paid by 
 the buyer and one-half by the seller." 
 
742 LAWS CONOEBNING WEIGHTS AND MEASURES 
 
 Sec. 3322 (al911). Exceptions.— The provisions of sections 14 
 [3318] and 15 [3319] shall not apply to sales made on plantations 
 or at cotton mills, nor to the counties of Charleston, Laurens, 
 Berkeley, Spartanburg, Aiken, Horry, Georgetown, Richland, 
 Beaufort, Abbeville, Newberry, Oconee, nor to the town of Liberty, 
 in Pickens County, or to Anderson Township, in Anderson County : 
 Provided, That in the county of Edgefield for each cotton weigher, 
 his term of office shall be for two years from the date of his election, 
 and until his successor shall have qualified: Provided further, That 
 in the county of Edgefield the provisions of this chapter shall apply 
 to all cotton sold or stored in warehouses. 
 
 Sec. 3365. s Public cotton platform; cotton weigher elected, when; 
 duties; deputy; proviso. — In every city of more than twenty thou- 
 sand and less than fifty thousand inhabitants, as shown by the 
 last preceding United States census, and within the township in 
 which such city is situated, the purchase and sale of cotton in bales 
 shall be regulated by the provisions of this section. The county 
 board of commissioners shall cause to be maintained a public cotton 
 platform adequate to hold not less than three thousand (3,000) bales 
 of cotton, said platform to have a substantial roof, sufficient number 
 of suitable scales, and to be located as accessibly as possible to the 
 railroad, or railroads, and to the neighboring cotton warehouse, or 
 warehouses and compresses, if any, for the convenient handling of 
 cotton from said platform to freight trains and to such cotton ware- 
 houses or compresses, said platform to be open and accessible to 
 wagons, the cost of maintenance of the same to be paid by the county 
 board of commissioners out of funds in their hands. The said county 
 board of commissioners shall, on or before the first day of July, 
 1911, and every four years thereafter, elect and commission for the 
 term of four years one cotton weigher for such city and township : 
 Provided, That said cotton weigher shall not be related within the 
 sixth degree to any member of said board of county commission- 
 ers. * * * Said cotton weigher shall have a night watchman on 
 duty at said platform from sunset to sunrise of every day, and shall 
 employ one assistant for every day from September 1st to December 
 31st, and may have other assistants during the year. He shall fre- 
 quently test the scales at said platform and keep them accurate, and 
 shall weigh promptly and fairly all cotton offered to him and mark 
 each bale of cotton as indicated by tag of buyer and number of each 
 bale of cotton, and keep together all the cotton of the several buyers 
 separate and apart from each other, so as to facilitate prompt ship- 
 ment, and issue ticket showing number, mark and weight of every 
 bale weighed by him, and adjust any differences between sellers and 
 buyers as to moisture and mixed or false packing. Said cotton 
 weigher shall represent neither buyer nor seller of the cotton weighed 
 nor be interested in any purchase or sale, except in cotton from his 
 own farm, and shall receive and charge for his services and the use 
 of the platform, fifteen cents for each bale weighed by him, seven 
 cents to be paid by the seller and eight cents to be paid by the buyer, 
 and for such cotton as may remain on the platform for more than 
 three days the said weigher shall collect an additional charge of one 
 
 8 See footnote on p. 740. 
 

 SOUTH CAROLINA 743 
 
 cent per bale for every additional day, to be paid by the owner, all 
 cotton to be at the risk of the weigher, loss by fire excepted, for the 
 first three days, and thereafter at the risk of the owner. The said 
 cotton weigher shall, during the cotton season, maintain a blanket 
 insurance to cover at least fifty bales of cotton left upon the plat- 
 form for sale, and shall compensate himself for the cost of such in- 
 surance by deducting the amount thereof from the charge hereinafter 
 provided to be collected for the use of the platform by cotton re- 
 maining thereon more than three days. The public cotton weigher, 
 herein provided for, shall appoint a deputy to serve in his place 
 during necessary absence by sickness or otherwise, such appointment 
 to be approved by the board of county commissioners, which deputy 
 shall take the usual oath of office, the bond of the cotton weigher 
 being liable for the official acts of such deputy. The public cotton 
 weigher shall weigh, inspect and sample before sale every bale of 
 cotton brought to said platform for sale, and no cotton shall be sold 
 until after it has been so weighed and inspected. All cotton in bales 
 weighed in such city or township for sale therein and purchased in 
 such city or township at weights ascertained by weighing in such city 
 or township (it being intended hereby not to include under the 
 terms herein cotton bought upon weights stated in bills of lading of 
 shipments to said city or town) shall be brought to said platform 
 for sale, and no cotton in bales shall be sold or purchased in such 
 city, town or township by any seller or purchaser or agent, except 
 upon certificate that it has been weighed and inspected at such plat- 
 form by the public cotton weigher or deputy : Provided, That the 
 provisions of this section shall not apply to cotton sold by regular 
 cotton dealers out of recognized cotton warehouses or cotton com- 
 presses in such city, town or township, or to cotton weighed upon 
 plantations or at gin-houses or bought upon the faith of weights 
 guaranteed by the sellers. * * * The county board of commis- 
 sioners shall have power to remove from his office the said cotton 
 weigher after at least three days' notice why he should not be re- 
 moved, and on sufficient cause being shown, and said board shall fill 
 any vacancy in a manner hereinabove provided for the election of a 
 cotton weigher. 
 
 Sec. 3366. Misdemeanor to violate provisions herein.— -Any and every 
 person, for himself or as agent, and any corporation, who shall sell 
 or buy in such city or township any cotton bale or bales contrary to 
 the provisions of section 1 [3365] shall be guilty of a misdemeanor, 
 and, upon conviction, shall be punished by a fine of not exceeding 
 fifty dollars, or imprisonment for not exceeding ten days for each 
 offense. 
 
 Sec. 3367. Duty of sheriff and rural policemen to enforce law. — It 
 shall be the special duty of the sheriff, and rural policeman, if any, 
 and the magistrates' constables in the county in which such city may 
 be situate, and of the city policemen, to be on the lookout for viola- 
 tions of the provisions of this article, and upon information or belief 
 to swear out warrants and cause prosecutions for the same; and it 
 shall likewise be the duty of the solicitor and of the city attorney to 
 prosecute in such cases. 
 
 Sec. 3368 (1916). Public weighers for farm products permitted in cer- 
 tain cities. — That upon the petition of at least fifty freeholders of 
 
744 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 any township within the State in which is located a town or city of 
 five thousand (5,000) inhabitants or more, shall be appointed a 
 public weigher for livestock of all descriptions and all other farm 
 products offered for sale on the market of such town or city: Pro- 
 vided, That the said weighers shall be appointed by the governor, 
 upon the recommendation of the town council of said town or city. 
 
 Sec. 3370. Fees for services, by whom paid; not to weigh lint cotton 
 in bales; other weighers allowed. — That said Weighers shall be en- 
 titled to charge and receive the following fees for his services: For 
 each hog weighed by him, five cents ; for each cow weighed by him, 
 ten cents ; for each sheep, goat or other like animal weighed by him, 
 five cents; for each load of hay, ten cents, and other farm products 
 at the same rate. One-half of all such fees to be paid by the pur- 
 chaser, the other half to be paid by the seller. The provisions of 
 the two foregoing sections are not intended to apply to lint cotton in 
 bales: Provided, That nothing herein shall prevent any person 
 or persons from accepting the weights of other weighers. 
 
 Sec. 3371. Certificates to be issued. — That such weigher shall issue 
 to the persons for whom he makes weights a certificate of the true 
 weight of each article so weighed by him, affixing thereto the date 
 when made and his official signature. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 5, p. 1035. 
 
 Sec. 3434 (1859). Regulations as to barrels, etc. — Every cask or 
 barrel containing flour or meal of wheat, rye or corn brought into or 
 manufactured in the city of Charleston for sale shall be well made, 
 of good seasoned materials, and sufficiently hooped and nailed; and 
 the said inspector shall cause all casks or barrels not made as afore- 
 said, and not in merchantable condition, but capable of being made 
 so at a reasonable expense, to be repaired and put in merchantable 
 condition at the expense of the owner thereof. 
 
 Sec. 3435. Quantity of flour in barrel. — Every barrel submitted for 
 inspection as aforesaid shall contain such quantity of flour or meal as 
 upon inspection shall be found to be of the net weight of one hundred 
 and ninety-six pounds ; and each and 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. 
 
 Sec. 3446 (1880). Standard weight.— -It shall be the duty of the in- 
 spector to weigh a suitable number of barrels of each lot of flour 
 inspected, to be assured that they contain the full weight of one hun- 
 dred and ninety-six (196) pounds, and no inspector shall use the 
 brand of the Charleston Chamber of Commerce on any flour in bar- 
 rels that is of less weight than one hundred and ninety-six (196) 
 pounds to the barrel. For such inspection, weighing, and branding, 
 the inspector shall receive two (2) cents per barrel or bag for each 
 and every barrel or bag so inspected, weighed and branded, to be 
 paid by the party requesting the same to be done, and the same fee on 
 re-inspection. 
 
 Sec. 3450 (1823). City council of Charleston to regulate sale of 
 grain. — The city council of Charleston shall have full power and 
 authority to regulate and control the sale of grain by measurement 
 
SOUTH CAROLINA 745 
 
 or weight, or both, sold within the corporate limits of the city, in 
 such manner as will insure a fair, equal and uniform sale and meas- 
 urement of the same. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 6, p. 1041. 
 
 Sec. 3456 (1876). Gauging of certain liquors sold in Charleston; ap- 
 pointment and term of gauger. — All oils, molasses, syrups, wines, vine- 
 gar and liquors (not domestic) sold in the city of Charleston, either 
 by the hogshead, pipe, puncheon, barrel, cask, keg or tank, shall, 
 before their delivery, be gauged by a sworn gauger, elected by the 
 city council of Charleston, whose term of office shall be for four 
 years. 
 
 Sec. 3461 (1856). Duty of inspector to examine crude turpentine, 
 etc. — It shall be the duty of the inspector of naval stores for the 
 city of Charleston to examine and inspect any crude turpentine or 
 rosin of grades other than those known as " common " or " number 
 two," which may be offered for sale in the city of Charleston, and 
 which may be submitted for examination by the owner or other per- 
 son having charge of the same. 
 
 Sec. 3462. Inspector to weigh, search, try, and brand turpentine or 
 rosin. — Every barrel of crude turpentine or rosin submitted to an 
 inspector as aforesaid shall be by him weighed and searched, and 
 tried, and the inspector shall brand every such barrel or cask with 
 the word " Charleston," and shall brand thereon, in characters known 
 to the trade, the quality of said turpentine or rosin, together with 
 the weight of the same expressed in figures, and every barrel of 
 rosin and turpentine shall be cleaned, strained and merchantable, 
 without chips, leaves, filth, or dirt. 
 
 Sec. 3463. Fees allowed inspector; lien for fees. — For every barrel of 
 turpentine or rosin weighed by the inspector, he shall be entitled to 
 three cents', and for every barrel inspected and branded as herein 
 directed, three and one-quarter cents, to be paid by the owner of 
 said turpentine or his agent, and the inspector shall have a lien on 
 said barrels for the amount due. 
 
 Sec. 3464 (1870). Weight of barrel of crude turpentine; quality of 
 tar to barrel. — In the absence of satisfactory proof of a special stipu- 
 lation to the contrary, it shall be presumed and held that the quan- 
 tity and weight of crude turpentine to make a barrel thereof is two 
 hundred and eighty pounds, and that the quantity of tar to make a 
 barrel thereof is thirty-two gallons. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 7, p. 1043. 
 
 Sec. 3469 (1746). Size and contents of pork and beef barrels. — Every 
 barrel of pork or beef packed and sold in this State shall contain 
 thirty gallons and two hundred pounds weight of wholesome, 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. 
 
 Sec. 3474. Size of pipe staves, etc. — All staves to be made for ex- 
 portation, and all shingles which shall be offered for sale in this 
 State, shall be made of good and sound timber, and shall be of the 
 
746 LAWS CONCERNING WEIGHTS AND MEASURES ' 
 
 following dimensions, to wit: Each pipe stave to be made of white 
 oak, fifty-eight inches long, and not less than three-quarters of an 
 inch thick at the thin edge, and three inches broad, clear of sap; 
 each hogshead stave to be made of red or white oak, forty-two inches 
 long, not to be less than three-quarters of an inch thick at the thin 
 edge, and four inches broad, clear of sap ; and each barrel stave, of 
 red or white oak, to be thirty inches long, not to be less than half 
 an inch at the thin edge, and four inches broad, clear of sap; and 
 each shingle to be twenty-two inches in length, and not less than half 
 an inch thick at the thick end, and well shaved, so as not to be wind- 
 ing, and not less than three inches and a half broad, clear of sap. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 8, p. 1045. 
 
 Sec. 3475 (1855). Rules for measuring timber and lumber; "side and 
 edge measurement " illegal. — All ranging timber bought or sold in 
 the markets of this State shall be by board or superficial measure- 
 ment; and any person or persons who shall buy or sell ranging 
 timber in or for the markets of Charleston or Georgetown, or any 
 other public market in this State, by the rule known as " side and 
 edge measurement," that is to say, by adding the side to the edge, 
 multiplying by the length, and dividing by twelve [(side + edge) 
 X length -=- twelve] shall be fined for every such act of buying or 
 selling not less than one hundred dollars and not more than three 
 hundred dollars. 
 
 Sec. 3476 (1853). No timber to be sold except by board measure. — No 
 timber shall be sold or purchased in the city of Charleston by any 
 mode of measurement except that denominated board or superficial 
 measurement (unless by special contract between the parties), which 
 shall alone be done by the inspectors or surveyors of timber in the 
 city of Charleston. 
 
 Sec. 3477. Inspectors elected annually. — The city council*of Charles- 
 ton and the town councils of Beaufort, Port Royal, and Georgetown, 
 shall each elect annually, for their respective municipalities, one or 
 more inspectors and surveyors of timber, * * * 
 
 Sec. 3478 (al856). Inspectors to measure timber as herein directed. — 
 It shall be the duty of the said surveyors and inspectors to measure 
 all timber in the manner aforesaid brought for sale to the city of 
 Charleston, at the request of any person owning or buying the same, 
 and shall give a certificate to such person, specifying the quality, 
 and kind, and quantity of such timber, and the number of pieces in 
 each lot; which certificate shall be evidence of the matters stated 
 therein, as between the owner and purchasers thereof. But nothing 
 herein contained shall prevent any person or persons from buying or 
 selling timber in bulk without measurement. 
 
 Sec. 3479 (1877). Lumber to be inspected by licensed measurers. — All 
 timber and lumber brought to market for sale at the ports of Charles- 
 ton, Port Royal, Beaufort, and Georgetown, shall be measured and 
 inspected by one of the licensed measurers, selected by the seller and 
 buyer jointly ; and the measurer so selected shall be entitled individ- 
 ually to the fee earned by him; ahd the manner of inspection and 
 classification of both timber and lumber shall be such as may be 
 agreed upon between the buyer and seller. 
 

 SOUTH CAROLINA 747 
 
 Should the buyer fail to agree to the selection of a measurer, then 
 the measurement and inspection and classification may be made by 
 any official measurer. 
 
 Sec. 3480. Fees. — The fees to be received by the measurers shall not 
 exceed the following- rates, viz: Ten (10) cents per thousand feet 
 for all square, hewn, or round timber; ten (10) cents per thousand 
 feet for all lumber measured by bulk measurement in rafts ; and 
 twenty-five (25) cents per thousand feet for all lumber measured and 
 inspected by the piece; the expense of measuring fees to be equally 
 divided between the buyer and seller. 
 
 Code, 1922, Vol. 3, ch. 35, Art. 10, p. 1051. 
 
 Sec. 3497 (1910). Weight to be marked on packages of feeding stuff. — 
 Every lot or parcel of concentrated commercial feeding stuff sold, 
 offered or exposed for sale within this State shall have affixed 
 thereto, or printed thereon in a conspicuous place on the outside 
 thereof, a legible and plainly printed statement, in the English lan- 
 guage, clearly and truly certifying the weight of the package (pro- 
 vided that all concentrated commercial feeding stuffs shall be in 
 standard weight bags or packages of. 25, .50, 75, 100, 125, 150, 175 
 or 200 pounds) ; the name, brand or trade-mark under which the 
 article is sold ; the name and address of the manufacturer, jobber or 
 importer * * * 
 
 Code, 1922, Vol. 3, ch. 62, Art. 5, p. 1467. 
 
 Sec. 4866 (1906). Consignees of coal, etc., may have same reweighed 
 by commissioner. — Any consignee of coal or other articles to be de- 
 livered to him in carload lots by any common carrier at any point 
 within the limits of this State where such common carrier main- 
 tains track scales, shall have the right to demand that such coal or 
 other articles be reweighed before delivery to him by said common 
 carrier; and it shall be the duty of such common carrier, within 
 forty-eight hours after such demand, to reweigh the same and de- 
 liver to such consignee a written, or partly written and partly 
 printed, statement, showing the true weight thereof. 
 
 Sec. 4867. Penalty for failure to have coal reweighed. — Any common 
 carrier refusing or failing to comply with any of the provisions of 
 section 26 [4866] shall forfeit the right to any freight incurred 
 through transportation of such coal or other article, or in the event 
 that such freight shall have been prepaid, shall be liable as a penalty 
 to the said consignee for the amount of freight so prepaid, to be 
 recovered by suit in any court of competent jurisdiction. 
 
 Sec. 4868. No demurrage after demand that coal be reweighed. — No 
 demurrage or other similar charges shall be made by any common 
 carrier against a consignee making the demand specified in section 
 26 [4866], between the time of the making of such demand and the 
 time of delivery by such common carrier to said consignee of the 
 statement required in said section. 
 
 Sec. 4869. Common carriers to maintain scales under certain condi- 
 tions. — It shall be the duty of any common carrier doing business in 
 this State, upon demand of any party or any industrial enterprise 
 having a sidetrack adjacent to and used in connection with the busi- 
 ness of the said party or industrial enterprise, to erect and maintain 
 
748 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 on the said sidetrack suitable scales for reweighing the said coal or 
 other articles, in car-load lots : Provided, however, The said party or 
 industrial enterprise shall agree and become liable to the said com- 
 mon carrier to pay the amount incurred by said common carrier in 
 the erection and maintenance of the said scales. In such event, it 
 shall be the duty of the said common carrier to re weigh such coal or 
 other articles delivered in car-load lots to the said party or indus- 
 trial enterprise upon said sidetrack, as provided for in section 26 
 [4866] . Upon refusal so to weigh, the said common carrier shall be 
 liable for the same penalties heretofore provided in sections 26 to 29 
 [4866 to 4869] inclusive. 
 
 Sec. 4870 (1912). Track and platform scales, jurisdiction of. — All 
 railroad track and platform scales, which are used in connection with 
 shipping, are hereby placed under the jurisdiction of the railroad 
 commission, for inspection, and to require new scales when needed, 
 and to require the installation of such scales whenever in their opin- 
 ion same is necessary for the needs of the public. A failure or 
 refusal to carry out instructions of said commission, in reference to 
 said scales, shall be punished by a penalty of two hundred dollars for 
 each refusal, to be recovered by suit in any court of competent juris- 
 diction by any person or corporation aggrieved; and any sum so 
 recovered shall be turned into the State treasury for general use. 
 
 i 
 
 . 
 
 
 
 ■ 
 - 
 
. 
 
 • 
 
 ' 
 
 SOUTH DAKOTA 
 
 Laws, 1919, ch. 358, p. 437. 
 
 Sec. 1. Contracts, how construed regarding weights and measures. — 
 All contracts, sales, purchases or any other transaction having for 
 its purpose the exchange of commodities or work to be clone by weight 
 or measure, shall be taken and construed according to the standard 
 of weights and measures hereby adopted as the standard of this State, 
 and it shall be unlawful to make contracts, sales or purchases or en- 
 gage in any such transaction contrary to the provisions of this act. 
 
 Sec. 2. Standards, source and verification; standard metric measures. — 
 The weights and measures received from the United States under a 
 resolution of Congress approved June 14, 1836, and such new weights 
 and measures as shall be received from the United States as standard 
 weights and measures in addition thereto or in renewal thereof, and 
 such as shall be supplied by the State in conformity therewith and 
 certified to by the National Bureau of Standards shall be the State 
 standards of weight and measure. Nothing in this act shall prohibit 
 the use of standard metric measures. 
 
 Sec. 3. State treasurer to take charge of standards ; verification and 
 record ; duplicate standards. — The State treasurer x shall take charge of 
 the standards adopted by this act as the standards of the State, and 
 cause them to be kept in a fire proof building belonging to the State 
 and from which they shall not be removed except for repairs or for 
 certification, and he shall take all other necessary precautions for their 
 safekeeping. He shall maintain the State standards in good order 
 and shall submit them at least once in ten years to the National Bu- 
 reau of Standards for certification. He shall keep a complete record 
 of the standards, balances and other apparatus belonging to the 
 State and take a receipt for same from his successor in office. Such 
 standards shall be used only for testing any duplicate standards that 
 may be required in the enforcement of this act. 
 
 Sec. 4. Units of standard measure; yard, pole, perch, mile, chain, links, 
 acre, square mile. — The units or standard measures of length and sur- 
 face from which all other measures of extension, whether lineal, 
 superficial or solid, shall be derived and ascertained, are the stand- 
 ards of length designated in this act. For measures of cloth and 
 other commodities commonly sold by the yard, the yard may be 
 divided into halves, quarters, eighths, and sixteenths. The rod, pole 
 or perch contains five and one-half yards; the mile, one thousand 
 seven hundred sixty yards. A chain for measuring land is twenty- 
 two yards long and is divided into one hundred equal parts called 
 links. The acre for land measure shall be measured horizontally 
 and contain ten square chains, equivalent in area to a rectangle 
 sixteen rods in length and ten rods in breadth ; six hundred and forty 
 acres being contained in a square mile. 
 — . _ 
 
 * See Laws, 1925, ch. 115, infra. 
 
 749 
 
750 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 5. Standards of weight; hundredweight, ton. — The units or 
 standards of weight, from which all other weights shall be derived 
 and ascertained, shall be the standard weights designated in this 
 act. The hundred-weight consists of one hundred avoirdupois 
 pounds and twenty hundred-weight are a ton. Whenever, hereafter, 
 in this act the word " pound " is used it shall mean the avoirdupois 
 pound unless otherwise distinctly specified. 
 
 Sec. 6. Bushel weights; fractional parts. — Whenever any of the arti- 
 cles or commodities mentioned in this section shall be bought, sold 
 or dealt in by the bushel or fractional part thereof the measure 
 thereof shall be determined by avoirdupois weight, and a bushel of 
 each of the respective articles mentioned in this section shall mean 
 the amount of weight of each article herein specified, as follows : 2 
 
 Pounds 
 
 Apples 48 
 
 Apples, dried 24 
 
 Alfalfa seed 60 
 
 Barley 48 
 
 Beans, dried 60 
 
 Beans, green, unshelled 50 
 
 Beans, Lima, dried 56 
 
 Beets 56 
 
 Blue grass seed 14 
 
 Bromus inermus 14 
 
 Broom corn seed 50 
 
 Buckwheat 48 
 
 Carrots 50 
 
 Castor beans, shelled. 50 
 
 Clover seed 60 
 
 Corn meal 50 
 
 Corn on cob (field) 70 
 
 Corn, shelled (field) 56 
 
 Cucumbers 48 
 
 Flax seed . 56 
 
 Grapes, with stems. . 40 
 
 Hemp seed 44 
 
 Hickory nuts, hulled 50 
 
 Hungarian grass seed 50 
 
 Kaffir corn 56 
 
 Lime 80 
 
 Millet seed 50 
 
 Oats 32 
 
 Onion bottom sets 32 
 
 Onion top sets 30 
 
 . Onions 52 
 
 Founds 
 
 Orchard grass seed 14 
 
 Osage orange seed ' 32 
 
 Parsnips 48 
 
 Peaches 48 
 
 Peaches, dried 33 
 
 Peanuts 20 
 
 Pears 45 
 
 Peas, dried 60 
 
 Peas, green, unshelled 56 
 
 Plums 48 
 
 Popcorn on the ear 70 
 
 Popcorn, shelled 10 56 
 
 Potatoes. 60 
 
 Quinces 48 
 
 Radish seed 50 
 
 Rape seed . 50 
 
 Red top seed 14 
 
 Rutabagas 50 
 
 Rye 56 
 
 Salt, coarse 80 
 
 Sand 130 
 
 Spelts 45 
 
 Sorghum seed 50 
 
 Sweet corn 50 
 
 Sweet potatoes 54 
 
 Timothy seed 45 
 
 Tomatoes 50 
 
 Turnips 55 
 
 Walnuts, black hulled 50 
 
 Wheat 60 
 
 All root crops nor specified above. 50 
 
 It shall be unlawful in buying to take any greater number of 
 pounds or in selling to give any less number of pounds to the bushel, 
 than is in this section allowed and provided, and no test for moisture 
 shall be used to change the standards herein provided. If any of 
 the foregoing articles or commodities are bought, sold or dealt in 
 by the one-half bushel, peck, half peck, quarter peck, quart or pint, 
 the one-half bushel, peck, half peck, quarter peck, quart or pint shall 
 be by weight and shall be derived from the weights per bushel as 
 prescribed for such articles or commodities in this section, and shall 
 be determined by successively dividing such weight by two. 
 
 Sec. 7. Dockage for dirt, etc., how ascertained; excess cob, amount 
 allowed. — When, in the purchase, sale or delivery of any grain, seed 
 or any other agricultural product, excepting corn on cob (field) a 
 
 2 A slight change has been made in the arrangement for convenience of reference. 
 
SOUTH DAKOTA 751 
 
 dockage or discount is taken for dirt, foul seed or any other substance 
 or mixture, such dockage must be according to the per cent of such 
 dirt, foul seed, or other substance or mixture present in the grain, 
 seed or other agricultural product, which per cent must be deter- 
 mined by the careful sifting and grading of a truly representative 
 sample of said grain, seed or other agricultural product. No greater 
 dockage shall be taken than the proportion of dirt, foul seed or other 
 substance or mixture which shall be found by such careful sifting 
 and grading. When in the purchase, sale or delivery of corn on 
 cob (field) dockage or discount for excess cob is taken it shall only 
 be taken when the standard bushel contains more than fourteen 
 pounds of cobs. Said dockage shall be computed in terms of pounds 
 to the standard bushel and be determined by careful shelling of a 
 weighed standard bushel, or an amount of like proportion. 
 
 Sec. 8. Barrel for liquids; hogshead; gallon; barrel of flour, and sub- 
 divisions; barrel of potatoes; barrel of unslaked lime; standard barrel 
 for apples, pears, and other fruit. — 1. A barrel for liquid shall contain 
 thirty-one and one-half gallons, and a hogshead two barrels. 
 
 2. A liquid gallon shall contain two hundred and thirty-one cubic 
 inches. 
 
 3. A barrel of flour measured by weight shall contain one hundred 
 ninety-six pounds ; one-half barrel, ninety-eight pounds ; one-quarter 
 barrel, forty-nine pounds; one-eighth barrel, twenty-four and one- 
 half pounds, and one-sixteenth barrel, twelve and one-fourth pounds. 
 
 4. A barrel 3 of potatoes or other vegetables shall be the same 
 as the standard barrel for apples or pears or other fruit as provided 
 in subsection 6 of this section. 
 
 5. A barrel of unslaked lime shall contain two hundred pounds. 
 
 6. The standard barrel for apples or pears or other fruit unless 
 otherwise specifically defined, shall have an interior capacity of 
 seven thousand and fifty-six cubic inches, and shall not be less 
 than twenty-six inches between the heads inside; the diameter of 
 the heads shall be seventeen and one-eighth inches, including the 
 beveled edge; the outside bulge or circumference shall be not less 
 than sixty-four inches, the thickness of the staves being four-tenths 
 of an inch: Provided, however, That any barrel of different form, 
 having the same distance between heads and a capacity of seven 
 thousand and fifty-six cubic inches, shall be a legal barrel. 
 
 Sec. 9. Coal, coke, and charcoal, sale by weight; delivery ticket. — It 
 shall be unlawful to sell or offer to sell except at the mine any coal, 
 coke, or charcoal in any other manner than by weight. It shall be 
 unlawful for any person to deliver, except at the mine any coal, coke 
 or charcoal without each such delivery being accompanied by a 
 delivery ticket and a duplicate thereof, on each of which shall be in 
 ink or other indelible substance, distinctly expressed in pounds, the 
 gross weight of the load, the tare of the delivery vehicle and the 
 quantity or quantities of coal, coke, or charcoal contained in the 
 vehicle used in such deliveries, with the name of the purchaser 
 thereof, and the name of the dealer from whom purchased. One of 
 these tickets shall be delivered to the said purchaser of said coal, 
 coke, or charcoal, or his agent or representative at the time of the 
 
 ' See footnote, p. 20, relative to the Federal standard barrel. 
 517—27 48 
 
752 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 delivery of the fuel; and the other ticket shall be retained by the 
 seller of the fuel. When the buyer carries away the purchase a 
 delivery ticket showing the actual number of pounds delivered to 
 him must be given to him at the time the sale is made. 
 
 Seo. 10. Milk bottles, sizes and variations and tolerances allowed; 
 manufacturer's mark. — Bottles used for the sale of milk or cream 
 shall be of the capacity of half gallon, three pints, one quart, one 
 pint, one-half pint, one gill, filled full to the bottom of the lip or 
 cap ring. The following variations on individual bottles or jars 
 may be allowed, but the average contents of not less than twenty-five 
 bottles selected at random from at least four times the number tested 
 must not be in error by more than one quarter of the tolerances 
 herein provided; six drams above and six drams below on the half 
 gallon; five drams above and five drams below on the three pint; 
 four drams above and four drams below on the quart; three drams 
 above and three drams below on the pint ; two drams above and two 
 drams below on the half pint ; two drams above and two drams below 
 on the gill. Bottles or jars used for the sale of milk shall have 
 clearly blown or otherwise permanently marked in the side of the 
 bottle the name, initial or the trade-mark of the manufacturer, and 
 the capacity of the bottle or jar. 
 
 Sec. 11. Hay, straw, and forage, how sold. — All hay of whatever 
 kind, straw or other forage which is sold at wholesale or retail by a 
 regular dealer in such commodities, shall in every instance be sold 
 by weight : Provided, That this section shall not apply to the sale of 
 hay, straw or other forage in sacks [stacks] . 
 
 Sec. 12. Butter and oleomargarine to be sold by weight. — It shall be 
 unlawful for any person to sell, or offer to sell any butter, or reno- 
 vated or process butter, or oleomargarine in any other manner than 
 by weight. 
 
 Sec. 13. Berries and small fruit, how sold. — It shall be unlawful to 
 sell or offer to sell any berries or small fruit in any other manner 
 than by weight, dry measure, or in the containers described in this 
 section. It shall be unlawful to procure or keep for the purpose of 
 sale, offer or expose for sale, sell or give away baskets or other open 
 containers for berries or small fruits, holding one quart or less, or to 
 procure or keep for the purpose of sale, offer or expose for sale or 
 sell berries or small fruits in baskets or other open containers hold- 
 ing one quart or less, of any other than the following capacities when 
 level full : One quart, one pint, one-half pint, standard dry measure. 
 
 Sec. 14. Net weight to be employed; contracts, how construed. — 
 Whenever any commodity is sold on the basis of weight, it shall be 
 unlawful to employ any other weight in such sale than the net weight 
 of the commodity ; and all contracts concerning goods sold on a basis 
 of weight shall be understood and construed accordingly. When- 
 ever the weight of a commodity is mentioned in this act, it shall be 
 understood and construed to mean the net weight of the commodity. 
 
 Sec. 15. Definition of terms. — The word "person" as used in this 
 act shall be construed to import both the plural and singular, as the 
 case demands and shall include corporations, companies, societies and 
 associations. The words " weights," " measures," " weighing de- 
 vices " and " measuring devices " as used in this act, shall be con- 
 strued to include all weights, scales, beams, measures of every kind, 
 
SOUTH DAKOTA 753 
 
 instruments and mechanical devices for weighing or measuring, and 
 any appliances and accessories connected with any or all such instru- 
 ments. The words " sell " or " sale " as used in this act, shall be 
 construed to include barter and exchange. 
 
 Sec. 16. Violation. — Any person violating the provisions of this 
 act shall be deemed guilty of a misdemeanor and upon conviction 
 thereof shall be punished by a fine of not less than ten nor more 
 than one hundred dollars or by imprisonment in the county jail not 
 exceeding thirty days, or by both such fine and imprisonment. 
 
 Sec. 17. Repeal. — Sections 10363 to 10370 inclusive and section 
 10378 of the Revised Code of 1919, and all other acts or parts of acts 
 in conflict with this act are hereby repealed. 
 
 Laws, 1925, ch. 115, p. 104; Civil Administrative Code, ch. III. 
 
 Sec. 1, Art. I. Creation of the department. — A department of the 
 government of the State of South Dakota, to be known as the 
 department of agriculture, is hereby created. Except as hereinafter 
 provided, this department shall succeed to, and is hereby vested with, 
 all the duties, powers, purposes, responsibilities and jurisdiction now, 
 or hereafter by law to be vested in the following offices, officers, com- 
 missions, boards and agencies, to wit : Commissioner of agriculture, 
 department of agriculture, State dairy expert, * * * food and 
 drug commissioner, inspector of hotels, inspector and sealer of 
 weights and measures, inspector of petroleum products, department 
 of marketing, director of marketing, and of the several officers, depu- 
 ties and employees of such bodies and offices; and whenever by the 
 provisions of any statute or law now in force or that may hereafter 
 be enacted, a duty or jurisdiction is imposed or authority conferred 
 upon any of said bodies, officers, offices, deputies or employees, the 
 enforcement of which is transferred to this department, such juris- 
 diction and authority are hereby imposed upon and transferred to the 
 department of agriculture and the appropriate officers of said de- 
 partment, with the same force and effect as though the title of said 
 department of agriculture had been specifically set forth and named 
 therein, in lieu of the name of any such board, commission, office, 
 officer, deputy or employee thereof, as the case may be. Said bodies 
 and offices, together with the duties, powers, purposes, responsibili- 
 ties and jurisdiction which are so transferred to, and vested in, the 
 department of agriculture, and the position of all officers, deputies 
 and employees thereunder are, and each of them is, hereby abolished, 
 and shall have no further legal existence, but the statutes and laws 
 under which they existed, and all laws prescribing their duties, 
 powers, purposes, responsibilities and jurisdiction are hereby ex- 
 pressly continued in force. The department of agriculture shall 
 also be in possession and control of all the records, books, papers, 
 equipment, supplies, moneys, funds, appropriations and other prop- 
 erty, real or personal, now or hereafter held for the benefit or use of 
 said bodies, offices and officers, or any part thereof. 
 
 Sec. 2, Art. I. To execute, etc.; general powers. — The department of 
 agriculture shall have power : 
 
 9th. To execute and enforce all laws relating to the inspection of 
 foods, drugs, dairy products, oils, cider, vinegar, oleomargarine, but- 
 terine, and all other food products, and sanitation of premises used 
 for the manufacture, preparation, storage and sale of foods and food 
 
754 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 products; cold-storage warehouses, seeds, noxious weeds, commercial 
 feeding stuffs, live stock remedies, commercial fertilizer, hotels and 
 restaurants, lodging houses, weights and measures, including the 
 inspection of all warehouse and public scales, including scales of fuel 
 dealers and all merchants, and from time to time promulgate such 
 rules and regulations and, with the advice of the State chemist, adopt 
 such standards of food products as are necessary and proper to 
 enforce the provisions of this title. 
 
 Sec. 1, Art. V. Division of inspection; powers and duties. — The head 
 of this division shall be known as the director of inspections. The 
 secretary of agriculture, through the division of inspections shall, 
 except as hereinafter provided, administer the laws, perform the 
 duties and exercise the powers heretofore administered, performed 
 and exercised by the State entomologist, the State food and drug 
 commissioner, the State dairy expert and the State bee inspector. 
 
 Sec. 3, Art. V. Foods; adulteration and misbrandings. — Except as 
 hereinafter provided, the secretary of agriculture shall succeed to 
 the duties and powers heretofore placed upon and granted the State 
 food and drug commissioner, and wherever the expression " State 
 food and drug commissioner " or the term " commissioner " now 
 appears in any of the sections of the Revised Code of 1919 of South 
 Dakota, or subsequent laws of the State of South Dakota, the sec- 
 retary of agriculture shall be substituted in place of such State food 
 and drug commissioner or commissioner. Through the division of 
 inspections and the director thereof, the secretary shall be author- 
 ized to make complaint against any person violating any of the 
 provisions of the laws he is hereby empowered and required to 
 enforce and administer before any court having jurisdiction, and 
 security for costs shall not be required of the complainant in any 
 action or proceeding instituted by him or under his authority for the 
 purpose of such enforcement; and it shall be the duty of all prose- 
 cuting officers of this State to prosecute to completion all actions or 
 proceedings brought under the provisions of this chapter. * * * 
 
 Sec. 6, Art. V. Foods; bread. — Chapter 239 of the Session Laws of 
 1921, as amended by chapter 188 of the Session Laws of 1923, relat- 
 ing to bread, the manufacture and sale thereof, and providing stand- 
 ard weights therefor, is hereby retained in force; provided, that 
 wherever in such chapter as so amended either of the following 
 expressions " State food and drug commissioner," " Food and drug 
 commissioner " or " commissioner " shall appear, there shall be sub- 
 stituted therefor the expression " secretary of agriculture " or " sec- 
 retary," and the secretary of agriculture shall enforce, through the 
 division of inspections, the provisions of said chapter as so amended. 
 
 Sec. 9, Art. V. Paints and oils. — Sections 7884 to 7891, inclusive, of 
 the Revised Code of 1919, relating to paints, linseed oil, and substi- 
 tutes therefor and compounds thereof, are hereby expressly retained 
 in force : Provided, That wherever in such sections either of the fol- 
 lowing expressions " State food and drug commissioner," " food and 
 drug commissioner " or " commissioner " shall appear there shall be 
 substituted therefor the expression " secretary of agriculture " or 
 "secretary," and the secretary of agriculture shall enforce, through 
 the division of inspections, the provisions of said sections. 
 
 Sec. 10, Art. V. Commercial feeding products and medicinal stock 
 foods.— Sections 7892 to 7903 of the Revised Code of 1919, relating 
 
SOUTH DAKOTA 755 
 
 to commercial feeds and medicinal stock foods, their registration, 
 labeling and sale, are hereby expressly retained in force: Provided, 
 That wherever in such sections either of the following expressions 
 "State food and drug commissioner," "food and drug commis- 
 sioner " or " commissioner " shall appear there shall be substituted 
 therefor the expression "secretary of agriculture" or "secretary," 
 and the secretary of agriculture shall enforce, through the division 
 of inspections, the provisions of said sections. 
 
 Sec. 11, Art. V. Commercial fertilizers. — Chapter 207 of the Session 
 Laws of 1919, relating to registration, labeling and sale of commercial 
 fertilizers, is hereby expressly retained in force: Provided, That 
 wherever in such sections either of the following expressions " State 
 food and drug commissioner," " food and drug commissioner " or 
 " commissioner " shall appear there shall be substituted therefor the 
 expression " secretary of agriculture " or " secretary," and the secre- 
 tary of agriculture shall enforce, through the division of inspections, 
 the provisions of said sections. 
 
 Sec. 12, Art. V. Petroleum products. — Sections 7866 to 7883, inclu- 
 sive, being title four, chapter eleven of the Revised Code of South 
 Dakota for 1919, relating to the inspection and sale and storage of 
 petroleum products, are hereby expressly retained in force: Pro- 
 vided, That wherever in such title either of the following expressions 
 " State food and drug commissioner," " food and drug commissioner " 
 or " commissioner " shall appear, there shall be substituted therefor 
 the expression " secretary of agriculture " or " secretary," and the 
 secretary of agriculture shall enforce through the division of inspec- 
 tions the provision of said title. 
 
 Sec. 13, Art. V. Standards of weight and measure; providing for in- 
 spection of weights and measures. — Chapters 358 and 359 of the Ses- 
 sion Laws of 1919, providing standards of weights and measures 
 and for the inspection of weights and measures and weighing and 
 measuring devices, are hereby expressly retained in force : Provided, 
 That wherever in such chapters as so amended either of the follow- 
 ing expressions " State food and drug commissioner," " food and 
 drug commissioner " or " commissioner " shall appear, there shall be 
 substituted therefor the expression " secretary of agriculture " or 
 " secretary," and the secretary of agriculture shall enforce, through 
 the division of inspections, the provisions of said chapters. Sections 
 10371 to 10377, inclusive, of the Revised Code of 1919, relating to 
 standards and methods of measurements, are hereby expressly re- 
 tained in force. Section 9573 and sections 4272 to 4276, inclusive, 
 of the Revised Code of 1919, are hereby repealed. And, sections 
 9765, 9581, 9582, 9584, 9585 and 9586 of the Revised Code of 1919 
 and section 9583 of the Revised Code of 1919 as amended by chapter 
 344 of the Laws of 1921, are expressly retained in force : Provided, 
 That wherever in such sections reference is made to the State board 
 of railroad commissioners, it shall be construed to mean the secretary 
 of agriculture. 
 
 Laws, 1919, ch. 359, p. 441. 
 
 Sec. 1. Inspector and sealer of weights and measures, who is; duties. — 
 The State food and drug commissioner 4 is hereby made ex officio 
 
 1 Now under the department of agriculture. See Laws, 1925, ch. 115, supra. 
 
756 LAWS CONCEENING WEIGHTS AND MEASUBES 
 
 inspector and sealer of weights and measures and is hereby charged 
 with the duty of carrying into force and effect the provisions of this 
 act. The duties devolving upon him under the provisions of this 
 act shall be performed with the assistance of the inspectors and other 
 employees of the State food and drug department in connection with 
 the performance of other duties devolving upon them as employees 
 of such department. 
 
 Sec. 2. Duplicate State standards, where kept; verification. — In addi- 
 tion to the State standards of weights and measures provided for 
 by law, there shall be supplied by the State at least one complete 
 set of duplicate standards, to be kept at all times in the office of the 
 State food and drug commisisoner and to be known as the office 
 standards; and such other weights, measures, and apparatus as ma} r 
 be found necessary to carry out the provisions of this act, to be known 
 as working standards. Such weights, measures, and apparatus shall 
 be verified by the State food and drug commissioner or his assist- 
 ants at his direction, upon their initial receipt and at least once in 
 each year thereafter, the office standards by direct comparison with 
 the State standards, the working standards by comparison with the 
 office standards. When found accurate upon these tests the office and 
 working standards shall be sealed by stamping on them the letters 
 ; ' S. D." and the last two figures of the year with seals, which the 
 State food and drug commissioner shall have and keep for that pur- 
 pose. The office standards shall be used in making all comparisons 
 of weights and measures and weighing and measuring devices sub- 
 mitted for test in the office of the State food and drug commissioner. 
 
 Sec. 3. Reports. — The State food and drug commissioner may from 
 time to time make, and he is hereby authorized to make, reports in 
 printed bulletins, of the work undertaken and accomplished under 
 this act, together with other information relative to weights and 
 measures as may be deemed suitable. 
 
 Sec. 4. Supervision of weights and measures for sale and in use, and 
 in public institutions; State university to assist, when. — Except as pro- 
 vided for in section 9765 and in sections 9581 to 9586 inclusive, of 
 the Revised Code of 1919, the State food and drug commissioner 
 shall have and keep a general supervision of the weights, measures, 
 and weighing or measuring devices, offered for sale, sold, or in use 
 in the State. He, or his assistants at his direction, shall at least once 
 annually test all scales, weights, and measures used in checking the 
 receipts and disbursements of supplies in every institution for the 
 maintenance of which moneys are appropriated by the legislature, 
 and he shall report in writing his findings to the supervisory board 
 and to the executive officer of the institution concerned, and, at the 
 request of such board, or executive officer, he shall appoint in writ- 
 ing one or more employee then in the actual service or the institution 
 who shall act as special deputies for the purpose of checking the 
 receipts or disbursements of supplies. It is hereby made the duty of 
 the department of physics of the State University of South Dakota, 
 upon request of the food and drug commissioner to assist him or his 
 assistants in all such matters as may require the facilities of the 
 laboratory of that department or technical knowledge relating to 
 physical measurements. 
 
 Sec. 5. Weights and measures, testing of and of packages; police 
 powers. — When not otherwise provided by law the State food and 
 
SOUTH DAKOTA 757 
 
 drug commissioner shall have the power, and it shall be his duty 
 to inspect, test, try and ascertain if they are correct, all weights, 
 measures and weighing and measuring devices kept, offered, or ex- 
 posed for sale, sold or used or employed by any proprietor, agent, 
 lessee, or employee in proving or ascertaining the size, quantity, 
 extent, area ? or measurement of quantities, things, produce or articles 
 of distribution or consumption purchased or offered or submitted by 
 such person or persons for sale, hire or award ; and he shall have the 
 power to, and shall, from time to time, weigh or measure and inspect 
 packages or amounts of commodities of whatsoever kind kept for 
 the purpose of sale, offered or exposed for sale, sold or in the process 
 of delivery, in order to determine whether the same contain the 
 amounts represented, and whether they be offered for sale or sold in 
 a manner in accordance with law. He may for the purposes above 
 mentioned, and in the general performance of his official duties, 
 enter and go into or upon, without formal warrant, any stand, 
 place, building, or premises, or stop any vender, peddler, junk dealer, 
 coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, 
 and require him, if necessary, to proceed to some place which the 
 State food and drug commissioner may specify, for the purpose of 
 making proper tests. Whenever the State food and drug commis- 
 sioner finds a violation of the statutes relating to weights and meas- 
 ures, he shall cause the violator to be prosecuted. 
 
 Sec. 6. Testing and sealing. — Whenever the State food and drug 
 commissioner compares weights, measures, or weighing or measuring 
 devices and finds that they correspond or causes them to correspond 
 with the standards in his possession, he shall seal or mark such 
 weights, measures or weighing or measuring devices with appro- 
 priate seals or marks. 
 
 Sec. 7. Weights and measures, may be condemned and seized, when. — 
 The State food and drug commissioner shall condemn and seize and 
 may destroj^ incorrect weights, measures, or weighing or measuring 
 devices which in his best judgment, are not susceptible to satis- 
 factory repair; but such as are incorrect and yet may be repaired, 
 he shall mark or tag as " Condemned for repairs." The owners or 
 users of any weights, measures, or weighing or measuring devices of 
 which such disposition is made shall have the same repaired or cor- 
 rected within sixty days, and they may neither use nor dispose of the 
 same in any way, nor remove or deface any such " Condemned for 
 repairs " tag or other mark or tag affixed by the food and drug com- 
 missioner until they shall have received from the food and drug com- 
 missioner written permission to do so. Any weights, measures or 
 weighing or measuring devices which have been " Condemned for 
 repairs," and have not been repaired as required above, shall be 
 confiscated by the food and drug commissioner. 
 
 Sec. 8. Interfering with officials. — Except as in this act otherwise 
 provided any person, firm or corporation preventing or attempting 
 to prevent, or in any way interfering with the food and drug com- 
 missioner or any of his inspectors or agents in entering the premises 
 where a weighing or measuring device may be kept, for inspecting or 
 testing the same, or knowingly failing or neglecting to observe any 
 reasonable rule or regulation of the said food and drug commissioner 
 adopted for the enforcement of this act, shall be deemed guilty of a 
 
758 LAWS CONOEBNING WEIGHTS AND MEASURES 
 
 misdemeanor and upon conviction thereof shall be fined not to exceed 
 one hundred dollars for each offense. 
 
 Sec. 9. Deputy inspectors, powers and duties. — The powers and duties 
 given to and imposed on the State food and drug commissioner by 
 sections 5, 6 and 7 of this act are hereby given to and imposed upon 
 his deputy and inspectors also, when acting under his instructions 
 and at his direction. 
 
 Sec. 10. Officials made special policemen. — The State food and drug 
 commissioner, his deputy and inspectors, are hereby made special 
 policemen, and are authorized and empowered to arrest any violator 
 of the statutes in relation to weights and measures, to enter com- 
 plaint before any court of competent jurisdiction, and to seize and 
 use as evidence, without formal warrant, any false or unsealed 
 weight, measure, or weighing or measuring device or package or 
 amount of commodities found to be used, retained, or offered or 
 exposed for sale or sold in violation of law. 
 
 Sec. 11. Impersonating officials; penalty. — Any person who shall im- 
 personate in any way the food and drug commissioner as inspector of 
 weights and measures, his deputy, or inspectors, in the performance 
 of his or their official duties shall be guilty of a felony, and upon 
 conviction thereof in any court of competent jurisdiction shall be 
 punished by a fine not exceeding one thousand dollars, or by im- 
 prisonment in the State penitentiary for not more than one year 
 
 Sec. 12. Hindering or obstructing officials; penalty. — Any person who 
 shall hinder or obstruct in any way the food and drug commissioner, 
 his deputy, or inspectors, in the performance of his or their official 
 duties shall be guilty of a misdemeanor, and upon conviction thereof 
 in any court of competent jurisdiction shall be punished by a fine 
 of not less than $20 or more than $100 or by imprisonment in the 
 county jail for not more than thirtj' days or by both such fine and 
 imprisonment. 
 
 Sec. 13. Milk or cream bottles or jars, not complying with law; pen- 
 alty; tests to be made, when. — Any dealer or person who uses for the 
 purpose of selling milk or cream, jars or bottles that do not comply 
 with the requirements of the law as to marking and capacity shall be 
 deemed guilty of giving false or insufficient measure. Any manu- 
 facturer, person, firm or corporation, who sells milk or cream bottles 
 to be used in this State that do not comply with the law as to size 
 and markings shall suffer the penalty of one hundred dollars, to be 
 recovered by the attorney general in an action to be brought in 
 name of the people of the State. 
 
 The State food and drug commissioner shall, from time to time, 
 make tests on individual jars or bottles used by the various firms 
 in the State for milk or cream in order to ascertain whether the above 
 provisions are being complied with. 
 
 Sec. 14. Test of weights and measures upon complaint. — Whenever 
 complaint shall be made to the State food and drug commissioner that 
 any false or incorrect scales, weights or measures are being made 
 use of by any person, firm or corporation in the purchase or sale of 
 merchandise or other commodities or in weighing any article or com- 
 modity, the piece price for which is determined by weight or measure 
 it shall be his duty to cause the same to be inspected as soon as thb 
 duties of his office will permit, and he shall make such other in- 
 
SOUTH DAKOTA 759 
 
 spections of the weights and measures as in his judgment is [are] 
 necessary or proper to be made. 
 
 Sec. 15. False weights and measures, possession or use of; penalty. — 
 Any person who, by himself, or by his servant or agent or as the 
 servant or agent of another person, shall offer or expose for sale, sell, 
 use in buying or selling of any commodity or thing or for hire or 
 award, or retain in his possession a false weight or measure or meas- 
 uring or weighing device, or any weight or measure or weighing or 
 measuring device which has not been sealed by the State food and 
 drug commissioner within one year, or shall dispose of any con' 
 demned weight, measure, or weighing or measuring device contrary 
 to law, or remove any tag placed thereon by the State food and 
 drug commissioner, or his assistants at his direction; or who shall 
 sell or offer or expose for sale less than the quantity he represents, 
 or shall take or attempt to take more than the quantity he repre- 
 sents, when as the buyer, he furnishes the weight, measure, or weigh- 
 ing or measuring device by means of which the amount of the com- 
 modity is determined; or who shall keep for the purpose of sale, 
 offer or expose for sale or sell any commodity in a manner contrary 
 to law; or who shall violate any provision of this act for which a 
 specific penalty has not been provided; or who shall sell or offer to 
 sell or use or have in his possession for the purpose of selling or 
 using any device or instrument to be used, or calculated to falsify 
 any weight or measure ; shall be guilty of a misdemeanor, and shall 
 be punished by a fine of not less than $20.00 or more than $100.00, 
 or by imprisonment for not more than thirty days, or by both such 
 fine and imprisonment, upon the first conviction in any court of 
 competent jurisdiction; and upon a second or subsequent conviction 
 in any court of competent jurisdiction, he shall be punished by a 
 fine of not less than $50.00 or more than $500.00 or by imprisonment 
 in the county jail for not more than one year, or by both such fine 
 and imprisonment. 
 
 Sec. 16. Prosecutions, how commenced. — The State's attorney of 
 each county in the State is hereby authorized and required upon 
 complaint on oath of the State food and drug commissioner or other 
 person, to prosecute before any court of competent jurisdiction in 
 the name of the State of South Dakota a proper action or proceeding 
 against any person or persons violating the provisions of this act. 
 
 Sec. 17. Repeal.— Sections 10379 to 10384 inclusive, section 10390 
 and sections 10395 to 10400 inclusive of the Revised Code of 1919, 
 are hereby repealed, save and except that this act shall not be con- 
 strued as amending, impairing, repealing or conflicting with the pro- 
 visions of sections 9764, 9765, 7992, 7993 and sections 9581 to 9586 
 inclusive of the Revised Code of 1919. 
 
 Rev. Code, 1919, Vol. 1, Part 4, ch. 10, p. 1041. 
 
 Sec. 4272°. False weights and measures. — If any person, with intent 
 to defraud, uses a false balance, weight or measure, in the weighing 
 or measuring of anything that is purchased, sold, bartered, shipped 
 or delivered for sale or barter, or that is pledged or given in payment, 
 he shall be punished by a fine not exceeding one hundred dollar 
 nor less than five dollars, or by imprisonment in the county jail 
 not more than thirty days, or by both such fine and imprisonment, 
 
760 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and shall be liable to the injured party in double the amount of 
 damages. 
 
 Sec. 4273. Retaining same knowingly. — Every person who retains 
 in his possession any weight or measure, knowing it to be false, 
 unless it appears that it was so retained without intent to use it or 
 permit it to be used in violation of the preceding section, shall be 
 punished as therein provided. ' ► 
 
 Sec. 4274. False weights and measures may be seized. — Every per- 
 son who is authorized or required by law to arrest another person 
 for a violation of the two preceding sections is equally authorized 
 and required to seize any false weights or measures found in the 
 possession of the person so arrested, and to deliver the same to the 
 magistrate before whom the person so arrested is required to be 
 taken. 
 
 Sec. 4275. Weights may be tested and destroyed. — The magistrate to 
 whom any weight or measure is delivered, pursuant to the last sec- 
 tion, shall upon the examination of the accused, or if the examination 
 is delayed or prevented, without awaiting such examination, cause 
 the same to be tested by comparison with standards conformable 
 to law, and if he finds it to be false, he shall cause it to be destroyed, 
 or to be delivered to the State's attorney of the county in which 
 the accused is liable to prosecution or trial, as the interests of justice 
 in his judgment require. 
 
 Sec. 4276. Shall be destroyed, when. — Upon the conviction of the 
 accused, such State's attorney shall cause any weight or measure in 
 respect whereof the accused stands convicted, and which remains in 
 his possession or under his control, to be destroyed. 
 
 Rev. Code, 1919, Vol. 2, ch. 2, Art 1, p. 1469. 
 
 Sec. 6169, as amended by Laws, 1919, ch. 275, p. 322. Powers enumer- 
 ated. — Every municipal corporation shall have power : * * * 
 
 Subdivision 68. To provide for the inspection, weighing and meas- 
 uring of hay, lime, stone, wood, coal, lumber, charcoal, or any article 
 of merchandise and all kinds of coal and wood used for fuel or for 
 heating purposes and the places and manner of weighing and meas- 
 uring the same and the establishing of city scales and the appoint- 
 ment of weighers and inspectors. 
 
 Subdivision 69. To provide for the inspection and sealing of 
 weights and measures. 
 
 Subdivision 70. To enforce the keeping of proper weights and 
 measures by vendors. 
 
 Sec. 6170 (1913). Powers of cities. — In addition to the powers 
 granted by the preceding article [art. 1] every city shall have 
 power : * * * 
 
 12. To regulate the sale of bread in the city and prescribe the 
 weight and quality of the bread in the loaf. 
 
 Rev. Code, 1919, Vol. 2, Part 22, ch. 8, Art. 1, p. 2700. 
 
 Sec. 10371 (1915). Cubic ton of hay. — Unless otherwise agreed 
 upon between the contracting parties, the following shall be the legal 
 measurement of a ton of hay in stack: 
 
 For clean, native blue joint hay, alkali or salt grass hay or wheat 
 grass hay or the same mixed, settled in the stack for thirty to sixty 
 days, 422 cubic feet, thereafter 343 cubic feet. 
 
SOUTH DAKOTA 761 
 
 For clean, alfalfa hay, settled in the stack for thirty to sixty days, 
 512 cubic feet, thereafter 422 cubic feet. 
 
 For clean timothy or clover hay, or the same mixed, settled in the 
 stack from thirty to sixty days, 512 cubic feet, thereafter 422 cubic 
 feet. 
 
 Sec. 10372. Method of measurement. — Unless otherwise agreed upon 
 between the contracting parties, the following method is prescribed 
 for determining the number of cubic feet in a rick stack of hay : 
 
 The width and the length of the stack on the ground shall be 
 measured, and the average distance from the ground against one 
 side of the stack to the ground against the other side of the stack, 
 directly over and opposite, shall be taken in linear feet and inches, 
 and then the width shall be subtracted from the measurement over 
 the stack as above indicated, the result divided by two, and the result 
 so obtained multiplied by the width and the result thus obtained 
 multiplied by the length, which will give the number of cubic feet 
 contained in the stack; and the tonnage thereupon determined by 
 dividing the total number of cubic feet, as above determined, by 
 the number of cubic feet allowed under the provisions of this article 
 for a ton. 
 
 Sec. 10373. Round stack method. — Unless otherwise agreed upon be- 
 tween the contracting parties, the following method is prescribed 
 for determining the number of cubic feet in a round stack of hay: 
 Measure around the base of the stack in feet, and multiply such 
 number by itself, and multiply the product by the height of the 
 stack in feet, and divide the last-named product by twenty-five and 
 the quotient so determined is the cubical contents of the stack, and 
 the tonnage thereupon is determined by dividing the total number 
 of cubic feet, as herein determined, by the number of cubic feet 
 allowed for a ton under the provisions of this article. 
 
 Sec. 10374°. Perch of mason work. — A perch of mason work or stone 
 is hereby declared to consist of twenty-five feet cubic measure. 
 
 Sec. 10375 (1915). Log rule. — The log rule now in use by the de- 
 partment of school and public lands and known as the " decimal 
 C " log rule, is hereby declared and adopted as the legal rule by 
 which all logs hereafter sold by the State from its public lands 
 shall be measured and scaled. 
 
 Sec. 10376°. False mark or stamp; penalty. — Every person who 
 knowingly marks or stamps false or short weight, or false tare, on 
 any cask or package, or knowingly sells or offers for sale any cask 
 or package so marked, shall be deemed guilty of a misdemeanor. 
 
 Sec. 10377. Increasing weight of package; penalty. — Every person 
 who, in putting up in any bag, bale, box, barrel or other package any 
 hops, cotton, hay or other goods usually sold in bags, bales, boxes, 
 barrels or packages, by weight, puts in or conceals therein anything 
 whatever for the purpose of increasing the weight of such bag, bale, 
 box, barrel or package, shall be deemed guilty of a misdemeanor. 
 
 Rev. Code, 1919, Vol. 2, ch. 8, Art. 3, p. 2706. 
 
 Sec. 10385 (1893). Public weigher and measurer; appointment. — There 
 shall be appointed in each municipal corporation, in April of each 
 year, at least one public weigher and measurer, who shall hold his 
 office for one year and until his successor is appointed and qualified. 
 
762 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 10386. Oath and bond. — Such public weigher and measurer, 
 before entering upon the duties of his office, shall take the usual offi- 
 cial oath and shall execute to the municipal corporation a bond in 
 the sum of five hundred dollars, conditioned for the faithful per- 
 formance of his duties. 
 
 Sec. 10387. Standard weights and measures to be furnished. — Every 
 municipal corporation shall furnish to each public weigher and 
 measurer, so appointed, a set of weights and measures of the United 
 States standard, to be under his exclusive control. 
 
 Sec. 10388. Municipal scales. — Each municipal corporation shall 
 procure for each public weigher and measurer therein appointed a 
 set of true and exact scales having a capacity to weigh five tons at 
 one time, and shall cause such scales to be set up and properly ar- 
 ranged for weighing in a convenient place in such municipal cor- 
 poration, to be selected by the governing body thereof, and such 
 scales shall be under the control and management of the public 
 weigher and measurer. 
 
 Sec. 10389. Duty of weigher. — It shall be the duty of the public 
 weigher and measurer appointed under the provisions of this article 
 to immediately and correctly weigh all articles, loads or animals 
 brought for that purpose to the scales over which he has control. 
 
 Sec. 10391. Certificate. — Such public weigher and measurer shall 
 give to every person for whom he does any weighing a certificate 
 showing the gross amount thereof, and shall keep in his office a true 
 and correct copy of the certificate so given, which certificate or copy 
 shall be prima facie evidence of the weight of the article, animal or 
 load so weighed. 
 
 Sec. 10392. Fees. — Such public weigher and measurer shall receive 
 for each weight so made by him the sum of ten cents, and for each 
 scale so tested by him the sum of twenty-five cents, and for each 
 measure tested by him the sum of twenty-five cents, to be paid by 
 the person for whom such weight or test is made. 
 
 Sec. 10393. Scales must be accurate. — It shall be the duty of the 
 public weigher and measurer to keep the scales over which he has 
 control, by virtue of his office, in condition to make true and exact 
 weighing. 
 
 Sec. 10394. False certificate; penalty. — Any weigher and measurer 
 mentioned in this article who shall make any false or fraudulent cer- 
 tificate of any weighing or measuring done by him, or shall be guilty 
 of any collusion with any other person for the purpose of deceiving 
 any person in regard to the correctness of any scales, weights or 
 measures, shall be punished for each offense by a fine of one hundred 
 dollars or by imprisonment in the county jail for ninety days, or by 
 both such fine and imprisonment. 
 
 Laws, 1921, ch. 239, as amended by Laws, 1923, ch. 188, p. 174. 
 
 Sec. 1. Bread, standard loaves fixed; marking required; tolerances; 
 food and drug commissioner to enforce. — (a) It shall be unlawful for 
 any person, firm or corporation to sell in this State, bread in loaves 
 of any other weights than the following standard avoirdupois 
 weights: One pound, one and one-half pounds, and any greater 
 weight which is a multiple of one-half pound. These shall be the 
 standard weights of bread to be sold in this State, and bread shall 
 not be sold except of these weights: Provided, however, That the 
 
SOUTH DAKOTA 763 
 
 provisions of this act regarding weight shall not apply to biscuits, 
 buns, crackers, rolls, or to what is commonly known as " stale bread " 
 and sold as such, if the seller at time of sale shall expressly state to 
 the buyer that the bread so sold is "stale " bread : And provided fur- 
 ther, That commercial bread shall be deemed stale forty-eight hours 
 after baking. When twin or multiple loaves are baked, the weights 
 specified in this section shall apply to each unit of the twin or mul- 
 tiple loaf, but nothing in this act shall be construed to prohibit mak- 
 ing a twin loaf of total weight of twenty-four ounces, if the same be 
 wrapped and sold as one twenty-four ounce loaf. There shall be 
 printed upon the wrapper of each loaf of bread in plain and con- 
 spicuous type the name and address of the manufacturer of the bread 
 and the weight of the loaf in terms of one of the standard weights 
 herein specified, or in lieu of statement of weight, a declaration that 
 the wrapped loaf is a standard weight loaf. The State food and drug 
 commissioner shall enforce the provisions of this act and shall adopt 
 and establish, in the manner provided by law, rules for such enforce- 
 ment, including reasonable tolerances and variations within which 
 all weights shall be kept: Provided, however, That such tolerances 
 shall apply only to individual loaves, and variations from the stand- 
 ard weights herein prescribed shall be as often above as below the 
 standard and the average weight of all loaves of the same designated 
 weight and kind produced by any baker shall at least equal the stand- 
 ard weight which such loaves are indicated by the label or otherwise 
 represented as weighing. 
 
 ******* 
 
 Sec. 4. Penalty. — Any person, firm or corporation that shall vio- 
 late any of the provisions of this act shall be deemed guilty of a mis- 
 demeanor and upon conviction shall be punished by a fine of not less 
 than ten dollars ($10.00) nor more than one hundred dollars 
 ($100.00) and each day's continuance of any practice, act or condi- 
 tion prohibited herein shall constitute a separate offense within the 
 meaning of this act. 
 
 Rev. Code, 1919, Vol. 2, ch. 11, Art. 8, p. 1970. 
 
 Sec. 7868 (al917). Inspection of petroleum products. — The State 
 food and drug commissioner shall be ex officio inspector of petroleum 
 products. He shall not appoint any deputy or assistant as special oil 
 inspector, but the inspection of petroleum products shall be made 
 contemporaneously with the performance of the other duties of 
 such commissioner. Neither the commissioner nor any inspector 
 shall traffic directly or indirectly in any product subject to inspection 
 under the provisions of this article. 
 
 Sec. 7867. Definitions. — As used in this chapter the phrase " pe- 
 troleum products" shall be construed to mean all illuminating oils 
 which are the product of petroleum, or into which petroleum or any 
 product of petroleum enters or is found as a constituent element and 
 includes gasoline, kerosene, benzine, naptha, petrol and any mixture 
 or compound of a like or similar nature ; and the word " inspector " 
 shall be construed to mean the food and drug commissioner, or any 
 deputy or assistant appointed by him for the purpose of enforcing 
 the provisions of this article. 
 
 Sec. 7871. Fees; number of gallons to barrel. — The inspector shall 
 demand and receive from the owner or other person for whom 
 
764 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 he shall examine or test any petroleum products, as defined in this 
 article, five cents for every barrel so examined or tested, which fee 
 shall constitute a lien on the product so examined or tested. When 
 the amount contained in any tank, cask, or other vessel shall exceed 
 fifty gallons, each fifty gallons shall constitute a barrel. 
 
 Sec. 7878. Inspect measuring devices; standard used; measuring de- 
 vices, test of; disposition, when found incorrect; barrels for shipment of 
 petroleum, how labeled; pumps and vending machines, may be seized, 
 when; penalty. — It shall be the duty of the State inspector of pe- 
 troleum products to inspect all pumps, vending machines and 
 measuring devices used in this State for measuring or transporting 
 kerosene, gasoline or other petroleum products, for the purpose of 
 determining whether such measuring devices deliver correct measure. 
 The standard for the measure of petroleum products shall be the 
 United States standard gallon and the measures received from the 
 United States as standard measures together with such as shall be 
 supplied by the State inspector in conformity therewith and certi- 
 fied by the National Bureau of Standards, shall be the measures 
 used in the enforcement of this article. 
 
 It shall be the duty of the inspector to inspect, test, and ascertain the 
 correctness of all such measuring devices, for which purpose he shall 
 have access without formal warrant to all places, premises, wagons 
 or delivery trucks where petroleum products are sold or delivered. 
 When such measuring devices are found to be correct and correspond- 
 ing with the standards in his possession, the inspector shall seal them 
 with appropriate devices. The inspector shall condemn and seize 
 and may destroy any incorrect measure or measuring device which 
 in his best judgment is not susceptible of satisfactory repair; but 
 such as are incorrect and yet, in his best judgment, may be satisfacto- 
 rily repaired, he shall mark or tag as " Condemned for repairs." The 
 owner or user of any measure or measuring device so marked or 
 tagged shall have the same corrected within ten days, and may 
 neither use nor dispose of it in any way, but shall hold the same at 
 the disposal of the State inspector. Any measure or measuring de- 
 vice which has been condemned for repairs and has not been repaired 
 within the prescribed time, shall be confiscated by the inspector. 
 All barrels used for the shipment or sale of petroleum products in 
 this State shall be labeled in letters and figures not less than two 
 inches high, showing the true net contents in United States standard 
 gallons. 
 
 For the purpose of this section the State inspector of petroleum 
 products, his deputies and inspectors, shall be special policemen and 
 authorized to seize without formal warrant, for use as evidence, 
 any pump, vending machine or measuring device used, kept or 
 offered for sale in violation of this section. Any person who shall 
 use any false or incorrect pump, vending machine or measuring device 
 for the sale or transfer of gasoline, kerosene or other petroleum prod- 
 uct as defined in this article, or who shall dispose of any such device 
 in volation of its provisions, or who shall sell any such products, by 
 short measure, in bulk, barrels, casks or other containers, shall be 
 deemed guilty of a misdemeanor and upon conviction thereof for 
 the first offense shall be punished by a fine of not less than ten nor 
 more than fifty dollars, and for each subsequent offense by a fine of 
 
SOUTH DAKOTA 765 
 
 not less than twenty-five nor more than one hundred dollars, and the 
 incorrect or false device used by such offender shall be confiscated 
 by the inspector. 
 
 Laws, 1925, ch. 113, p. 101. 
 
 Sec. 5. Number of cigarettes to package. — * * * All cigarettes 
 sold in this State shall be put up in packages containing 5, 8, 10, 
 12, 15, 16, 20, 25, 40, 50, 80, or 100 cigarettes each. * * * 
 
 Rev. Code, 1919, Vol. 2, ch. 11, Art. II, p. 1953. 
 
 Sec. 7807 (1917). "Food" defined.— The word "food" as used in 
 this article shall include all substances used as food, drink, confec- 
 tionery or condiment by man or other animals, whether simple, mixed 
 or compound, and all substances or ingredients to be added to foods 
 for any purpose. 
 
 Sec. 7809, as amended by Laws, 1923, ch. 193, p. 178. " Misbranded " 
 defined. — * * * and for the purpose of this article a food product 
 shall also be deemed to be misbranded. * * * 
 
 3. If in package form and the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure or numerical count, together with the name 
 and address of the real manufacturer or jobber or other person 
 responsible for placing the product upon the market: Provided, 
 however, That reasonable variations as to the quantity of the con- 
 tents of package shall be permitted, and tolerance and exemptions 
 as to small packages shall be established by rules and regulations 
 made in accordance with the provisions of section 7793. 
 
 Rev. Code, 1919, Vol. 2, ch. 9, Art. 10, p. 1981. 
 
 Sec. 7893 (al913). Feeding stuffs to have net weight marked; weight 
 of packages. — Any person who shall sell, offer or expose for sale or 
 distribution in this State any concentrated commercial feeding 
 product, shall furnish with each shipment, and shall affix to every 
 package or parcel of such product, in a conspicuous place on the 
 outside thereof, a legible and plainly printed statement in the 
 English language, in type as large as ten point, clearly and truly 
 certifying : 
 
 1. The net weight of the package : Provided, That all such prod- 
 ucts shall be in standard-weight bags or packages of twenty-five 
 pounds or multiples thereof, or in bulk. 
 
 2. The name, brand or trade-mark of the product. 
 
 3. The name and principal address of the manufacturer or person 
 responsible for placing the product on the market. * * * 
 
 Sec. 7897. Stock food to have net weight marked. — Every lot, parcel 
 or package of medicinal stock food, sold, offered or exposed for sale 
 or distribution within this State shall have affixed thereto a label in 
 a conspicuous place on the outside thereof, containing a legible and 
 plainly printed statement in black ink, in the English language, 
 clearly and truly certifying : 
 
 1. The net weight of the package. 
 
 2. The name, brand or trade-mark of the product. 
 
 3. The name and principal address of the manufacturer or person 
 responsible for placing the product on the market ; * * * 
 
766 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Rev. Code, 1919, Vol. 2, Part 20, ch. 1, Art. 2, p. 2460. 
 
 Sec. 9581 (1915). State board of railroad commissioners; board pro- 
 vides rules for weighing. — The board of railroad commissioners shall 
 have authority to prescribe and enforce reasonable rules and regu- 
 lations for the weighing of cars and of freight offered for shipment 
 in carload lots and of livestock at stockyard scales, and of hay, grain, 
 wood, coal and like subjects of commerce when weighed in ton lots 
 in this State. All track scales and all other scales in this State used 
 by common carriers or by shippers for the purpose of weighing cars 
 or freight offered for shipment in carload lots, and all stock scales 
 at stockyards and all private, farm, and town and city scales used 
 in weighing hay, grain, wood, coal and like subjects of commerce 
 when weighed in ton lots shall be under the supervision and control 
 of the board of railroad commissioners and be subject to inspection 
 by such board. 
 
 Sec. 9582. Sealing devices required. — Whenever directed so to do by 
 the board of railroad commissioners, any common carrier or shipper 
 or other person owning or operating a scale under the jurisdiction 
 of such board shall equip such scale with any sealing device con- 
 sidered by the board to be a proper and safe device to be used in 
 the sealing of scales. Any person who shall change, break or tamper 
 with any seal or sealing device after the same shall have been prop- 
 erly installed and inspected by any member of the board of railroad 
 commissioners, or any inspector or authorized agent thereof, shall be 
 deemed guilty of a misdemeanor and upon conviction thereof shall be 
 punished by a fine of not less than one hundred nor more than five 
 hundred dollars, or by imprisonment in a county jail not exceeding 
 six months. 
 
 Sec. 9583, as amended by Laws, 1921, eh. 344, p. 458. Duty to in- 
 spect. — Whenever requested so to do by any common carrier or 
 shipper, or by any other person owning or using a scale under the 
 jurisdiction of such board, or whenever necessary or proper in the 
 judgment of such board, it shall be the duty of such board, by any 
 one or more of its members or by any authorized inspector or agent, 
 to inspect and test any such scale : Provided, That such board shall 
 not be obliged to inspect or test any farm scale, except upon request of 
 the owner or some person using or about to use the same, and in such 
 cases only under reasonable conditions, rules and regulations to be 
 fixed and prescribed by the board; and for that purpose the board 
 is authorized to provide itself with proper facilities, devices or as- 
 sistants for making such inspections or tests. And whenever any 
 scale shall be found to be incorrect, it shall be unlawful for the com- 
 mon carrier or shipper or other person owning or operating such scale 
 to pemit [permit] the same to be used again until it shall have been re- 
 examined and retested and found to be correct. If such scales are 
 found to be incorrect and are condemned, upon the request of the owner 
 of such scales or the persons in charge of the same it shall be the duty 
 of the scale inspector or other person inspecting the same, with such 
 competent assistance to be furnished by the owner of such scales or 
 the person in charge of the same as may in the judgment of the said 
 inspector or other person inspecting such scales be necessary, to re- 
 pair the same immediately : Provided, That if the securing of neces- 
 sary parts for the repair of such scales will occasion delay, such in- 
 
SOUTH DAKOTA 767 
 
 spector or person inspecting the same shall perform the work of mak- 
 ing such repairs with assistance to be furnished as aforesaid, as 
 promptly as possible : And, provided further, That the board of rail- 
 road commissioners shall make and publish such reasonable rules and 
 regulations for the inspection, testing and repairing of such scales 
 as may be necessary and desirable and not inconsistent with the laws 
 of this State, specifying therein among other things the extent and 
 nature of the repairs which will in its judgment be practicable for 
 its inspectors to make. In addition to the fee provided by law for the 
 inspection of such scales, the owner or person in charge of such scales 
 shall pay to the board of railroad commissioners one dollar ($1.00) 
 per hour for the time devoted by the inspector or other person inspect- 
 ing such scales, to the work of repairing the same. The owner or per- 
 son in charge of scale being repaired shall furnish all materials 
 needed in making the repairs. All moneys collected under the pro- 
 visions of this section shall be, by the board of railroad commis- 
 sioners, deposited with the State treasurer and by him kept in a 
 separate fund and be expended only on vouchers approved by the 
 board of railroad commissioners pursuant to the provisions of section 
 9757 of the Revised Code of 1919 of this State. Any person convicted 
 of violating any provisions of this section shall be punished by a fine 
 not exceeding $100 or by imprisonment in the county jail not exceed- 
 ing thirty days for each offense. 
 
 Sec. 9584 (al917). Fees. — The board of railroad commissioners 
 shall fix a fee of two dollars for each inspection or test of such scales, 
 to be paid by the person, partnership or corporation owning or oper- 
 ating the same. All money received by way of fees for such inspec- 
 tion shall be reported monthly to and deposited with the State treas- 
 urer, and by him credited to a fund designated as the " special scale 
 inspection fund." Such fund shall be available for the purpose only 
 of paying the expenses necessary in carrying out such inspections and 
 shall be accumulative from year to year. The auditor shall issue 
 warrants upon such fund, upon A'ouchers approved by the board 
 of railroad commissioners, but such fund shall not come within the 
 restrictions of any law of this State governing payment of expenses 
 incurred in a previous year, it being intended that such special scale 
 inspection fund shall be applied to the payment of any necessary 
 costs or expenses in carrying out the provisions of this article relat- 
 ing to such inspections, whether incurred during the ensuing or pre- 
 vious fiscal years, and such special scale inspection fund and 
 all accumulations thereof are hereby appropriated for the payment 
 of the costs and expenses rendered necessary in carrying out such 
 inspections. 
 
 Sec. 9585 (1915). Power to inspect at any time. — Any member, in- 
 spector or authorized agent of the board of railroad commissioners 
 may at any time, without notice, enter the premises where any scale 
 under the jurisdiction of the board may be, and may test and inspect 
 the same. It shall be unlawful for any person to prevent or attempt 
 to prevent or to interfere in any way with any member, inspector or 
 authorized agent of such board entering such premises or making 
 such inspection or test. 
 
 Sec. 9586. Violation; penalty.— Except as in this article otherwise 
 provided, any person, partnership or corporation neglecting or re- 
 
 517—27 49 
 
768 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 fusing to install a seal upon any scale under the jurisdiction of the 
 board of railroad commissioners, after thirty days notice so to do, 
 or permitting the use of any scale that shall have been tested and 
 found incorrect before the same shall have been again tested and 
 found to be correct; or preventing or attempting to prevent or in 
 any way interfering with any member, inspector or authorized agent 
 of the board of railroad commisisoners entering the premises where 
 such scales may be kept, or inspecting or testing such scales, or know- 
 ingly failing or neglecting to observe any reasonable rule or regula- 
 tion of the board of railroad commissioners relating thereto, shall be 
 deemed guilty of a misdemeanor and upon conviction thereof shall 
 be punished by a fine not exceeding one hundred dollars for each 
 offense. 
 
 Rev. Code, 1919, Vol. 2, Part 20, ch. 2, Art. 3, p. 2510. 
 
 Sec. 9696 (1915). Track scales, privately owned. — Whenever any 
 person engaged in business on the right of way or loading tracks at 
 any station of any railroad company doing business in this State 
 desires to construct, maintain and operate at his own cost and ex- 
 pense, a track scale for the weighing of inbound and outbound ship- 
 ments of freight in carload lots, such person shall first file in the 
 office of the board of railroad commissioners a petition setting forth 
 in substance: 
 
 1. The name, place of residence, business and place of business of 
 such petitioner. 
 
 2. The name of the station at which such; track scale is desired 
 to be constructed and operated. 
 
 3. The name of the railway on whose right of way it is desired 
 that such track scale shall be constructed and operated. 
 
 4. The reasons, stated briefly and without unnecessary repetition, 
 why it is desired to construct such track scale. 
 
 5. The place where such scale is desired to be constructed. 
 
 6. That the petitioner is ready, able and willing, and agrees to 
 assume and pay all expenses in any wise incurred in the construction 
 of such track scale and in the grading or building of any spur or 
 sidetrack or right of way, and all expense in connection with the 
 complete construction of such track scale, including any necessary 
 changes in track, grade or right of way. 
 
 Sec. 9697. Notice of hearing on petition. — Upon the filing of such 
 petition the board shall fix a time and place for hearing the petition 
 and give at least thirty days' notice thereof to the railway company 
 and to the petitioner interested. 
 
 Sec. 9698. Railroad track scales, may be constructed, when. — If, after 
 such hearing, the board shall determine that there is a sufficient 
 public demand and public necessity for the construction of such 
 track scale, it shall, at the expense of the petitioner, procure com- 
 plete plans and specifications for the construction of such track 
 scale, and of any spur or side track, and any changes in the track or 
 grade which may be necessary to properly install such track scale, 
 including an estimate of the actual expenses necessarily to be in- 
 curred in completing the construction of the scale and equipping it 
 so as to put it into operation, as well as the cost of any spur or side 
 track and any changes in the track or grade which may be neces- 
 sary to install said track scale, and shall serve a copy of such plans 
 
SOUTH DAKOTA 769 
 
 and specifications and estimate upon the petitioner and the railroad 
 company interested. Upon the service of such plans and specifica- 
 tions and estimate, it shall be the duty of the petitioner to pay over 
 to the board of railroad commissioners the amount of money set 
 down as the estimated cost and expenses of constructing such track 
 scale, and any spur or side track and any changes in the track or 
 grade necessary for the proper installation of such track scale, and 
 thereupon it shall be the duty of the board of railroad commissioners 
 to cause such track scale and spur or side track to be constructed 
 in accordance with the plans and specifications and estimate pro- 
 vided therefor, and after such track scale is fully completed, to 
 serve notice to that effect upon the petitioner and the railway com- 
 pany interested, and set a time and place for hearing any objections 
 to the acceptance of the track scale as constructed. The board of 
 railroad commissioners shall have authority to determine whether 
 such scale has been substantially constructed according to the plans 
 and specifications and is suitable to the requirements of the shippers 
 at that station, and upon arriving at such determination shall pay 
 over the cost of construction thereof to the person who constructed 
 the same. The petitioner shall make good any deficiency between the 
 estimated and actual cost of construction within thirty days from 
 the acceptance of such scale. Any surplus remaining after paying 
 the cost of construction of such scale shall be immediately returned 
 to the petitioner. The expense of maintaining such scale shall be 
 borne by the petitioner. 
 
 Sec. 9699. Capacity. — No such track scales shall be constructed in 
 such a way as to in any manner interfere with the operation by the 
 railroad company of its line of railway, and no scale shall be con- 
 structed of a size which will not permit of the weighing of an entirely 
 detached car of a capacity of not to exceed one hundred thousand 
 pounds. 
 
 Sec. 9700. Testing; construction. — Jurisdiction and authority shall 
 be vested in the board of railroad commissioners to require the con- 
 struction of track scales and to test and correct the same from time 
 to time and to regulate the maintenance and operation thereof. 
 
 Sec. 9701. Not discontinued without consent of board. — No such track 
 scale shall be discontinued without the consent of the board of rail- 
 road commissioners, entered at length upon the journal of its pro- 
 ceedings, and then only upon restoration of the right of way to its 
 original state at the expense of the original petitioner or his suc- 
 cessors in interest. 
 
 Rev. Code, 1919, Vol. 2, ch. 3, Art. 1, p. 2533. 
 
 Sec. 9746 (al917). Duties of board.— It shall be the duty of the 
 board of railroad commissioners to supervise the storage of grain and 
 seeds, to establish all necessary rules and regulations for the manage- 
 ment of the public warehouses of the State, as far as such rules and 
 regulations may be necessary to enforce the provisions of this article, 
 or any law of this State, in regard to the same; to investigate all 
 complaints of fraud or oppression in the management of such ware- 
 houses and to correct the same as far as it may be in its power. 
 
 Sec. 9765, as amended by Laws, 1921, ch. 347, p. 460. Public ware- 
 houses; inspecting, testing and repairing scales used therein; penalty. — 
 The board of railroad commissioners or any one or more members 
 
770 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thereof or any agent, employee, or scale inspector of the board may 
 at any time without notice enter any public warehouse in this State 
 and test and seal all weighing scales and measures used in conduct- 
 ing such warehouse business, and for that purpose the board is au- 
 thorized to provide itself with standard weights and measures and 
 such additional facilities and equipment, including motor vehicles 
 or such other means of conveyance as in the judgment of the board 
 may be necessary and suitable in carrying on the work of inspecting, 
 testing and repairing scales in this State. If the person making 
 such inspection shall find any scales in use in such public warehouse 
 inaccurate, he shall condemn the same and attach thereto a card, 
 notice, or other device indicating that the scales are condemned. 
 It shall thereafter be unlawful for any person to remove, deface 
 or destroy such card, notice or other device placed upon condemned 
 scales, or to again use, or permit the use of such scales for any pur- 
 pose, until the same shall have been repaired, retested and found to 
 be correct, and until the board of railroad commissioners, or the per- 
 son making the inspection, shall consent to the further use of such 
 scales. If such scales are found to be incorrect and are condemned, 
 upon the request of the owner of such scales or the person in charge 
 of the same, it shall be the duty of the scale inspector or the per- 
 son inspecting the same, with such competent assistance to be fur- 
 nished by the owner of such scales or the person in charge of the 
 same as may in the judgment of the said inspector or other person 
 inspecting such scales be necessary, to repair the same immediately; 
 provided, that if the securing of necessary parts for the repair of 
 such scales will occasion delay, such inspector or person inspecting 
 the same shall perform the work of making such repairs with 
 assistance to be furnished as aforesaid, as promptly as possible ; and, 
 provided further, that the board of railroad commissioners shall 
 make and publish reasonable rules and regulations for the inspec- 
 tion, testing and repairing of such scales as may be necessary and 
 desirable and not inconsistent with the laws of this State, specifying 
 therein among other things the extent and nature of the repairs 
 which will in its judgment be practicable for its inspectors to make. 
 In addition to the fee provided by law for the inspection of such 
 scales, the owner or person in charge of such scales shall pay to the 
 board of railroad commissioners one dollar ($1.00) per hour for the 
 time devoted by the inspector or other person inspecting such scales, 
 to the work of repairing the same. The owner or person in charge 
 of scale being repaired shall furnish all materials needed in mak- 
 ing the repairs. All moneys collected under the provisions of 
 this section shall be, by the board of railroad commissioners de- 
 posited with the State treasurer and by him kept in a separate fund 
 and be expended only on vouchers approved by the board of rail- 
 road commissioners pursuant to the provisions of section 9757 of the 
 Revised Code of 1919 of this State. Any person convicted of vio- 
 lating any provision of this section shall be punished by a fine not 
 exceeding $100.00 or by imprisonment in the county jail not exceed- 
 ing thirty days for each offense. 
 
 Sec. 9767 (1909). Weighing of grain at warehouses. — Every person 
 transacting the business of a public warehouse man in this State, 
 
SOUTH DAKOTA 771 
 
 from whose warehouse or elevator grain shall be shipped to any 
 terminal point at which such grain shall be weighed, inspected and 
 graded by the officers of the State wherein such terminal point is 
 situated, and certificates of such weighing, inspection and grading 
 shall be issued by such officer, and every consignee of grain so shipped, 
 shall transmit and deliver such certificates or true and correct copies 
 thereof to the person having the immediate charge of the warehouse 
 or elevator from which such grain was shipped, within ten days after 
 the issuance of such certificates, and such certificates or copies shall 
 be open to the inspection and examination of any person who has an 
 ownership interest in such shipment. Any person violating the pro- 
 visions of this section shall be guilty of a misdemeanor and upon 
 conviction thereof shall be punished by a fine of not less than fifty nor 
 more than one hundred dollars for each and every offense. * * * 
 
 Rev. Code, 1919, Vol. 2, ch. 11, Art. 9, p. 1979. 
 
 Sec. 7884 (1907). Paint labels. — Every person who manufactures 
 for sale or sells, within this State, any paint which is not accurately 
 labeled as provided in this article shall be guilty of a misdemeanor 
 and, upon conviction thereof, shall be punished by a fine of not less 
 than twenty-five nor more than one hundred dollars or by imprison- 
 ment in the county jail not exceeding sixty days. 
 
 Sec. 7885. Paint denned. — The term " paint " as used in this article 
 shall include white lead in linseed oil or any compound intended for 
 the same use, paste or semipaste, and liquid or mixed paint ready 
 for use. 
 
 Sec. 7886. Label contents. — The label required by this article shall 
 be pasted or fastened on the outside of each container of paint, and 
 shall have printed thereon, clearly and distinctly, the name and 
 residence of the manufacturer of the paint, or of the distributor 
 thereof, or of the person for whom the same is manufactured, and 
 the quantity of paint contained in the container ; * * * 
 
 Sec. 7887. Possession prima facie evidence. — The possession by any 
 dealer of any paint not labeled as provided in the preceding section 
 shall be prima facie evidence that the same is being kept in violation 
 of this article. 
 
 Rev. Code, 1919, Vol. 2, Part 14, ch. 12, p. 1983. 
 
 Sec. 7916 (al911). Babcock test.—* * * "Whoever uses the Bab- 
 cock test or any other test for determining the quantity of butter- 
 fat in milk or cream purchased, used or received shall so operate the 
 same as to produce tests of clear oil free from any foreign substance, 
 shall weigh the samples to be tested, shall correctly read the measure- 
 ment of butterfat in such tests, and in all transactions concern- 
 ing the purchase or receiving of any milk or cream to be tested 
 shall use true and correct glassware and scales, and it shall be un- 
 lawful to report or use as a basis for settlement anything but the 
 true and correct result as shown by such tests. * * * 
 
 Sec. 7918 (1909). Testing apparatus. — It shall be unlawful for any- 
 one to use any inaccurate, incorrect, or false pipette, test bottle, scale 
 or other apparatus in making tests of milk or cream to determine the 
 quantity of butterfat contained therein, 
 
772 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Kev. Code, 1919, Vol. 2, Part 15, ch. 6, p. 2005. 
 
 Sec. 7992 (1917). Director may promulgate standards and grades. — 
 After investigation and public hearings, with the approval of the gov- 
 ernor and the Secretary of Agriculture of the United States, such di- 
 rector [of the department of marketing] may, from time to time, estab- 
 lish and promulgate standards for open and closed receptacles and the 
 grading and classification of farm products, by which their quantity, 
 quality or value may be determined; and prescribe and promulgate 
 rules and regulations governing the marks, brands and labels 
 which may be required upon receptacles for farm products, for 
 the purpose of showing the name and address of the producer or 
 packer, the quantity, nature and quality of the product, and 
 for the purpose of preventing deception in reference thereto: Pro 
 vided, That any standard for any farm product or receptacle there- 
 for, or any requirement for marking receptacles for farm products, 
 established under authority of the Congress of the United States, 
 shall forthwith, as far as applicable, be established, prescribed and 
 promulgated as the official standard or requirement in this State : 
 Provided, further, That any such standard, rule or regulation shall 
 become effective upon the expiration of sixty days after it shall have 
 been signed by the director, approved by the governor, and published 
 in at least one publication of two or more newspapers of general 
 circulation in the territory affected thereby. 
 
 Sec. 7993. Products must conform to standard. — Whenever any stand- 
 ard for the grade or other classification of any farm product 
 becomes effective under this chapter no person thereafter shall 
 pack for sale, offer to sell or sell within this State any farm product 
 to which such standard is applicable, unless it conforms to the 
 standard, subject to such reasonable variations therefrom as may be 
 allowed in the rules and regulations made under this chapter : Pro- 
 vided, That any farm product ma}' be packed for sale, offered for 
 sale or sold without conforming to the standard for grade or other 
 classification applicable thereto, if it is specially described or plainly 
 marked " Not graded." 
 
 Whenever any standard for an open or closed receptacle for a 
 farm product shall be made effective under this chapter, no person 
 shall pack for sale, sell or deliver any such farm product in a recep- 
 tacle to which such standard is applicable, unless the receptacle con- 
 forms to the standard, subject to such variations therefrom as may be 
 allowed in the rules and regulations made under this chapter or unless 
 the receptacle be of a capacity 25 per cent less than the capacity of 
 the minimum standard receptacle for the product: Provided, That 
 any receptacle for such farm product of a capacity within 25 per 
 cent of, or larger than the minimum standard receptacle for the 
 product, may be used if it be specifically described as not a standard 
 size, or be conspicuously marked with the phrase " Not standard size, 1 " 
 in addition to any other marking which such director may prescribe 
 for such receptacle under authority given him by this chapter. 
 
 Whenever any requirement for marking a receptacle for a farm 
 product shall have been made effective under this chapter, no person 
 shall sell and deliver in this State any such farm product in a recep- 
 tacle to which such requirement is applicable, unless the receptacle 
 be marked according to such requirement. 
 
SOUTH DAKOTA 773 
 
 Sec. 8000. Rules and regulations. — Subject to the approval of the 
 governor, such director shall have authority to make and promul- 
 gate such rules and regulations not inconsistent with the laws of this 
 State, as may be necessary to carry out the provisions of this chap- 
 ter. Such rules and regulations shall be made to conform as nearly 
 as practicable to the rules and regulations 5 of the Secretary of Agri- 
 culture of the United States, prescribed under any act of Congress 
 relating to the marketing of farm products. 
 
 Rev. Code, 1919, Vol. 1, ch. 1, p. 7. 
 
 Sec. 30 (1909). Standard of time. — That whenever the term "twelve 
 o'clock," "noon," or other designation of time shall occur in any 
 legislative bill, resolution or statute, city ordinance, court record, 
 deed, insurance policy or other contract, or other legal instrument, 
 record, or proceedings, unless otherwise expressly stipulated in writ- 
 ing, the time understood shall be, for Gregory County and for por- 
 tions of the same east of the center of the main channel of the Mis- 
 souri River, central standard time, or the mean solar time of ninety 
 degrees west of Greenwich; and for other portions of the State, 
 mountain standard time, or the mean solar time of one hundred and 
 five degrees west of Greenwich. 
 
 Rev. Code, 1919, Vol. 2, ch. 2, p. 2058. 
 
 Sec. 8244 (1907). Units of measurement for water; miner's inch. — 
 The standard of measurement of the flow of water shall be the cubic 
 foot per second of time ; and the standard of measurement of the 
 volume of water shall be the acre foot, being the amount of water 
 upon an acre covered one foot deep, equivalent to forty-three thou- 
 sand five hundred and sixty cubic feet. The miner's inch shall be 
 regarded as one-fiftieth of a cubic foot per second in all cases, except 
 when some other equivalent of the cubic foot per second has been 
 specially stated by the contract or has been established by actual 
 measurement or use. 
 
 5 See p. 32. 
 
TENNESSEE 
 
 Ann. Code, 1917, Shannon, Vol. 1, eh. 2, Art. VIII, p. 174. 
 
 Sec. 305-al (1913). Standards for State, counties, and cities defined. — 
 The weights and measures received from the United States, under a 
 resolution of Congress, approved June 14, 1836, and additions thereto 
 and renewals thereof, certified by the United States Bureau of Stand- 
 ards, and such other weights, measures, balances, and apparatus as are 
 now the property of the State or may be hereafter added by the State 
 sealer of weights and measures, hereinafter provided for, which 
 are in conformity therewith and certified by the National Bureau 
 of Standards, shall be the State standards by which all State, 
 county, and municipal standards of weights and measures shall be 
 tried, proved, and sealed. 
 
 Sec. 305~a2. State superintendent; general duties; custody of stand- 
 arris. — The State pure food and drug inspector shall be, and is, hereby 
 made ex-omcio the State superintendent of weights and measures, 
 hereinafter referred to as the State superintendent. He shall have 
 and keep a general supervision of the weights, measures, weighing 
 devices, and measuring devices offered for sale, sold, or used within 
 the State; shall enforce all laws regarding them; and shall, in 
 conjunction with the State sealer of weights and measures hereinafter 
 provided for, have the care and custody of all weights, measures, 
 balances, and other apparatus mentioned in the preceding section. 
 
 Sec. 30§-a3. Assistant sealers, and their powers. — He and the duly 
 appointed assistant and deputy pure food and drug inspectors 
 under him are hereby made assistant sealers, and shall have the 
 same power and authority as the county and city sealers hereinafter 
 provided for. 
 
 Sec. 305-a4, Weights, measures, balances, and apparatus to be 
 proved. — The State superintendent shall procure at the expense of 
 the State, the necesary working sets of weights, measures, balances, 
 and apparatus for the use of said inspectors, and shall cause same 
 to be tried and proved by the State sealer. 
 
 Sec. 3G5~a5. Weights, etc., when sealed, shall be competent evidence.— 
 Such weights, measures, balances, and other apparatus provided for 
 such inspectors, when sealed by the State sealer, shall be competent 
 evidence in all the courts of the State in criminal or civil actions. 
 
 Sec. 305-a8. Inspection once in two years; annual report to governor. — 
 The State superintendent, or his deputies or assistants, by his direc- 
 tion, shall at least once in two years vi si t the various cities and 
 counties of the State in order to inspect the work of the county 
 and city sealers hereinafter provided for; and in the performance 
 of such duties he or they may inspect the weights, measures, balances, 
 or any other weighing or measuring apparatus of any person, firm, or 
 corporation, and shall have the same power as said county and city 
 sealers of weights and measures, The State superintendent shall 
 774 
 
TENNESSEE 775 
 
 likewise annually, during the first two weeks in January, make to 
 the governor a report of the work done by his office. 
 
 Sec. 305-a7. State sealer; custody of standards, etc.; receipt from suc- 
 cessor. — The president of the University of Tennessee shall be, and the 
 same is, hereby made ex-officio State sealer of weights and measures, 
 hereinafter referred to as the State sealer. He shall, in conjunction 
 with the State superintendent, have the care and custody of all 
 standard weights, measures, balances, and other apparatus mentioned 
 in Section 305al; shall cause them to be kept in a suitable building 
 belonging to the University of Tennessee, from which they shall not 
 be removed except for repairs or for certification ; and shall take all 
 other necessary precautions for their safe keeping. He shall keep 
 complete records of the standards, balances, and other apparatus 
 belonging to the State, and take receipt for same from his successor. 
 
 Sec. 305-a8. State sealer to procure certification of standards; sealing 
 of weights and measures; sealing city and county standards. — He shall 
 maintain the State standards in good order, and shall, in conjunction 
 with the State superintendent, submit them, on passage of this act, 
 and thereafter at least once in ten years, to the National Bureau of 
 Standards for certification. He shall keep a seal, which shall be so 
 formed as to impress the letters " T. N. " and the last two figures of 
 the year in which comparison has been made, upon all weights, meas- 
 ures, and balances sealed by him; and he, or his deputies, by his di- 
 rection, shall correct the standards of the several cities and counties 
 when submitted to him by comparing the same with those in his 
 possession, and shall seal the same when tried and proved to be in 
 conformity with the State standards. 
 
 Sec. 305-a9. State sealer shall test standards at request of individuals, 
 etc. ; fees therefor go into State treasury. — He shall, further, upon the 
 written request of any citizen, firm, corporation, or educational in- 
 stitution of the State, in person or by his deputies, test or calibrate 
 weights, measures, weighing devices, or measuring devices and in- 
 struments and apparatus used for standards in the State, and for 
 such testing for citizens, firms, or corporations may collect fees to be 
 fixed by the State superintendent and State sealer. Fees so collected 
 shall be turned over to the State treasurer for the use of the State. 
 
 Sec. 305-alO. State sealer shall test standards, etc.. at request of State 
 superintendent.- He shall, at the request of the State superintendent, 
 ♦ est and seal, when found cos red, all measures, weights, balances, 
 weighing devices, or measuring devices for the use <>f the State super- 
 intendent and his deputy or assistant inspectors. 
 
 Sec. 305-ali. Rules and regulations. — He shall likewise, in conjunc- 
 tion with the State superintendent, establish rules and regulations 
 for the enforcement of this article and for the guidance of all city 
 and county sealers, and these regulations shall govern the procedure 
 to be followed by said officials in the discharge of their duties. 
 
 Sec. 305-al2. Deputy State sealer. — He may appoint a deputy State 
 sealer, who shall be a member of the faculty of the University of 
 Tennessee, and who shall not receive any additional compensation 
 for his services. 
 
 Sec. 305-al3. Report to governor.— He shall likewise annually, dur- 
 ing the first two weeks in January, make to the governor a report of 
 the work done \>y his oilice, 
 
776 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 305-al4. Test for State institutions; report; special deputies for 
 such institutions. — The State superintendent, or his deputies or in- 
 spectors, by his direction, shall at least once annually test all scales, 
 weights, and measures used in checking the receipt or disbursement 
 of supplies in each institution under the direction and ownership of 
 the State, and shall report in writing his findings to the board hav- 
 ing such institution under its control, or to the executive officer of the 
 institution concerned; and at the written request of such board or 
 officer, the State superintendent shall appoint in writing one or more 
 employees then in actual service of such institution, who shall act as 
 special deputies for the purpose of checking the receipt or disburse- 
 ment of supplies. 
 
 Sec. 305-al5. County sealer and deputies; appointment; term; salary; 
 no fees. — Any county may establish a department of inspection of 
 weights and measures, and shall have power to appoint a sealer and 
 deputies. Such sealer (and deputies if provided for) shall be ap- 
 pointed by the county court for a term of five years, and shall be 
 paid a salary to be determined by the county court, said county 
 sealer's salary to be not less than six hundred dollars per annum, and 
 no fee shall be charged by him or by the county for the inspection, 
 testing, or sealing of weights, measures, or weighing or measuring 
 devices. 
 
 Sec. 305-al6. County sealer's power of inspection of weights, etc., for 
 sale and for weighing, etc. — When not otherwise provided by law, the 
 county sealer shall have the power within his county to inspect, try. 
 and ascertain if they are correct, all weights, scales, beams, measures 
 of every kind, instruments, or mechanical devices for measuring, 
 and tools, appliances, or accessories connected with any and all such 
 instruments or measures kept, offered, or exposed for sale, sold, or 
 used or employed within the county by any person in proving the 
 size, quantities, things, produce, articles for distribution or con- 
 sumption offered or submitted for sale, hire, or reward. 
 
 Sec. 305-al7. County sealers may weigh, etc., packages for sale or 
 sold, etc. — He shall have the power to, and shall from time to time 
 weigh or measure, packages or amounts of commodities of any kind 
 kept with intent to sell, sold, or in the process of delivery, in order 
 to determine whether same contain the amounts represented, or are 
 sold in a manner in accordance with law. 
 
 Sec. 305-al8. County sealer shall test weights, etc., when; power of 
 entry, etc. — He shall at least once in each year, and as much oftener 
 as he may deem necessary, see that the weights, measures, and all 
 apparatus used in the county are correct, and may for this purpose 
 and in the general performance of his official duties enter and go 
 into or upon and without formal warrant any place, building, or 
 premises, or stop any vendor, peddler, junk dealer, or any dealer 
 whatsoever, and require him, if necessary, to proceed to some place 
 which the sealer may specify for the purpose of making proper tests. 
 
 Sec. 305-al9. County sealer to prosecute violators of law. — Whenever 
 he finds a violation of any statute relating to weights and measures, 
 he shall cause the violator to be prosecuted. 
 
 Sec. 305-a20. Correct weights, etc., to be sealed. — Whenever the 
 county sealer compares weights, measures, weighing devices, or 
 measuring devices, and finds that they correspond or causes them 
 
TENNESSEE 777 
 
 to correspond with the standards in his possession, he shall seal or 
 mark such weights, measures, weighing devices or measuring devices 
 with a seal to be approved by the State superintendent. 
 
 Sec. 305-a21. Incorrect weights, etc., to he destroyed or condemned for 
 repairs. — He shall condemn and seize and may destroy incorrect 
 weights, measures, weighing devices, or measuring devices which, in 
 his best judgment, are not susceptible of satisfactory repair ; but such 
 as are incorrect and yet may be repaired he shall mark or tag as 
 " Condemned for Repairs " in a manner prescribed by the State 
 superintendent. 
 
 Sec. 305-a22. Weights, etc., condemned for repairs must be repaired, 
 when, or be confiscated. — The owners or users of apparatus so con- 
 demned shall have same corrected or repaired within ten days, and 
 may neither use nor dispose of same in any manner without permis- 
 sion from the county sealer. Any apparatus which has been " con- 
 demned for repairs " and has not been repaired as required above 
 shall be confiscated by the sealer. 
 
 Sec. 305-a23. County sealer to record official acts and report to county 
 court and State superintendent. — The county sealer shall keep a com- 
 plete record of all of his official acts, and shall make an annual report 
 to the county court, and an annual report, duly sworn to, on the 
 first day of December of each year to the State superintendent, on 
 blanks to be furnished by the superintendent. 
 
 Sec. 305-a24. County to provide sealer with suitable quarters and 
 standards. — When a county shall establish such a department of 
 weights and measures, it shall provide the sealer with suitable 
 quarters, a set of standards to be approved by the State sealer and 
 State superintendent and all other equipment for the proper per- 
 formance of his duties. 
 
 Sec. 305-a25. County standards to be proved and sealed, and verified, 
 when. — All county standards shall be tried, proved, and sealed under 
 the direction of the State sealer, and shall be returned to him for 
 verification at least once in every five years. 
 
 Sec. 305-a26. Combination by counties and power of sealer of com- 
 bined counties. — Nothing in the above shall be construed to prevent 
 two or more counties combining the whole or any part of their dis- 
 tricts, as ma}' be agreed upon by the county courts thereof, with one 
 set of standards and one sealer, upon the written consent of the 
 State superintendent. A sealer appointed in pursuance of any agree- 
 ment for such combination shall, subject to the terms of his appoint- 
 ment, have the same authority, jurisdiction, and duties as if he had 
 been appointed by each of the parties to the agreement. 
 
 Sec. 305-a27. City sealer and deputies; ordinances; suitable quarters 
 and standards. — Any city or municipality in the State may establish a 
 department of inspection of weights and measures, and shall have 
 power to appoint a sealer and deputies and fix their compensation, 
 and pass such ordinances, not in conflict with the State laws as may 
 be deemed necessary; and if a city or municipality shall establish 
 such a department, il shall provide the sealer with suitable quarters 
 and a set of standards to be approved by the State sealer and State 
 superintendent, and all other equipment for the proper performance 
 of his duties. 
 
778 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 305-a2S. City standards to be proved, and sealed, verified, when. — 
 All city and municipal standards shall be tried, proved and sealed 
 under the direction of the State sealer, and shall be returned to him 
 for verification at least once in every five years. 
 
 Sec. 305-a29. City sealer's duties and powers. — The city sealer shall 
 perform in such city the duties and have like powers as the county 
 sealer in the county. 
 
 Sec. 305-a30. If no city sealer, county sealer acts. — In those cities in 
 which no sealer is appointed the county sealer of the county shall 
 perform in said cities the duties and have like powers as in the 
 county. 
 
 Sec. 305-a31. Combination by county and city. — Nothing in the above 
 shall be construed to prevent any county and any city situated 
 therein from combining the whole or any part of their districts, as 
 may be agreed upon, with one sealer, subject to the written approval 
 of the State superintendent. 
 
 Sec. 305-a32. Powers and duties of combination county and city 
 sealer. — A sealer appointed in such agreement or combination shall, 
 subject to the terms of his appointment, have the same authority, 
 jurisdiction, and duties as if he had been appointed by each of the 
 parties to the agreement. 
 
 Sec. 305-a33. Misdemeanor to seal or condemn weights, etc., before 
 test; removal from office. — Any State, county, or city sealer, or deputy 
 or assistant sealer, who shall seal any weight, measure, or balance, 
 weighing device, or measuring device, before testing and making the 
 same to conform to the authorized standards or who shall condemn, 
 seize, or destroy any weight, measure, or balance, or weighing device, 
 or measuring device, without first testing the same, shall be deemed 
 guilty of a misdemeanor and upon conviction thereof be subject to a 
 fine of not less than $25.00 nor more than $100.00, and shall be forth- 
 with removed from office by the State superintendent or other person 
 or persons having authority to make such removal. 
 
 Sec. 305-a34. Said officers are special policemen, and may arrest vio- 
 lators, and seize weights, etc, of commodities, as evidence. — The State 
 superintendent, his deputies and inspectors, the State sealer, and the 
 county and city sealers of weights and measures are hereby made 
 special j)olicemen. and are authorized and empowered to arrest, with- 
 out formal warrant, any violator of any statute in relation to weights 
 and measures, and to seize for use as evidence, and without formal 
 warrant, any false or unsealed weight, measure, weighing device, or 
 measuring device, or packages or amounts of commodities, offered 
 or exposed for sale or sold in violation of law. 
 
 Sec. 305-a35. Misdemeanor to interfere with said officers, or to fail to 
 produce weights, etc.; punishment. — Any person who shall hinder, 
 obstruct, or interfere in any way with the State superintendent, 
 State sealer, any deputy or assistant State sealer, or any county or 
 city sealer while in the performance of his official duties, or who 
 shall fail to produce, upon demand by any authorized sealer or in- 
 spector of weights and measures, any weights, measures, balances, 
 weighing devices or measuring devices in or upon his premises, place 
 of business, or in his possession for use in manufacture or trade, 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be subject to a Hue of not less than $10.00 nor more than 
 
TENNESSEE 779 
 
 $50.00, or to imprisonment for not more than ninety days, or to both 
 such fine and imprisonment. 
 
 Sec. 305-a36. Appropriations. — For the purpose of correcting, sup- 
 plementing, and unifying the standards now owned by the State, 
 as directed in sections 305-a7 to 305-alO, the sum of $600.00, or so 
 much thereof as may be necessary, is hereby appropriated; for the 
 purpose of caring for said standards the sum of $200.00 per annum, 
 or so much thereof as may be necessary, is hereby appropriated ; for 
 the purpose of carrying out the provisions of this article the sum of 
 $1,000.00 per annum, or as much thereof as may be necessary, is 
 hereby appropriated. Said sum shall be paid out of the State 
 treasury on sworn vouchers of the State superintendent, approved 
 by the governor. 
 
 Sec. 305-a37. State superintendent and sealer shall jointly fix varia- 
 tions, and give publicity thereto. — The State superintendent of weights 
 and measures and the State sealer of weights and measures shall 
 jointly fix and determine reasonable variations for all classes of com- 
 modities; and they shall give the reasonable variations so estab- 
 lished all possible publicity through the public press and through 
 bulletins of their offices. 
 
 Laws, 1921, ch. 125, p. 341. 
 
 Sec. 1. Sale of dry commodities by weight. — That it shall be unlawful 
 for any person, firm or corporation in this State to sell or offer for 
 sale any food commodity by dry capacity measure, shall hereafter 
 be sold by weight only: Provided, however, That this act shall not 
 be construed to prohibit the sale of dry food commodities in terms 
 of the denominations of dry measure when such articles are weighed 
 and sold in accordance with standards fixed by chapter 240, act of 
 1887 [sec. 3475], entitled "An act to establish and define a uniform 
 standard of weights and measures in the State of Tennessee." And 
 provided further this shall not apply to dry food commodities 
 shipped into the State when sold in the original package. 
 
 Sec. 2. Enforcement of act; rules and regulations. — That the State 
 superintendent of weights and measures, his duly authorized assist- 
 ants and deputies and all county and city sealers of weights and 
 measures, are hereby charged with the enforcement of this act, and 
 the said superintendent of weights and measures, and the State 
 sealer of weights and measures, are hereby authorized and em- 
 powered jointly to make all reasonable rules and regulations neces- 
 sary for the enforcement of this act. 
 
 Sec. 3. Penalty.— That any person, firm or corporation, who shall 
 violate any of the provisions of this act or the reasonable rules and 
 regulations made in pursuance thereto, shall be deemed guilty of a 
 misdemeanor and upon the conviction thereof shall be fined not less 
 than ten dollars ($10.00) nor more than fifty dollars ($50.00) for 
 each offense. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 2Q, p. 2832. 
 
 Sec. 3475 (al905). Table of weights and measures; legal weights of 
 barrels or bushels of various products ; legal weights per barrel or bushel 
 of various products.— The following shall be the legal and uniform 
 standard 1 of weights and measures in this State for the sale and 
 
 1 See ch. 125, Laws, 1921, above. 
 
780 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 purchase of the following named products of the farm, orchard, and 
 garden, and articles of merchandise, to wit : 2 
 
 Apples, green. .bush, per bbl. 3 . 
 
 Do lbs. per bush. 
 
 Apples, dried do — 
 
 Apple seed do — 
 
 Barley do — 
 
 Beans, dried do — 
 
 Beans, green, in pods do 
 
 Do bush, per bbl. 
 
 Beans, castor lbs. per bush. 
 
 Beef, net lbs. per bbl. 
 
 Beets lbs. per bush. 
 
 Blackberries do 
 
 Blackberries, dried do 
 
 Blue grass seed do — 
 
 Bran do — 
 
 Broom corn seed do 
 
 Buckwheat do 
 
 Cabbage do — 
 
 Canary seed do 
 
 Carrots do — 
 
 Cement do 
 
 Charcoal do 
 
 Cherries, with stems do 
 
 Cherries, without stems__do 
 
 Chestnuts do 
 
 Clover seed, red and white 
 
 lbs. per bush. 
 
 Coal, stone do — 
 
 Coke do 
 
 Corn, shelled do 
 
 Corn in the ear, shucked.do 
 
 Corn, in the ear, with shucks 
 
 lbs. per bush. 
 
 Corn, green, with shucks.do.. 
 
 Do bush, per bbl. 
 
 Corn, matured, with shucks 
 
 bush, per bbl. 
 
 Corn, pop lbs. per bush. 
 
 Corn meal, unbolted do 
 
 Corn meal, bolted do 
 
 Cottonseed do — 
 
 Cucumbers do 
 
 Fish .lbs. per bbl. 
 
 Flaxseed lbs. per bush . 
 
 Flour lbs. per bbl. 
 
 Gooseberries lbs. per bush. 
 
 Grapes, with stems do 
 
 Grapes, without stems 
 
 lbs. per bush- 
 Hair, plastering. 
 
 Hempseed 
 
 Hickory nuts... 
 
 Hominy 
 
 Horse-radish 
 
 Hungarian seed. 
 
 do. 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 2K 
 50 
 24 
 40 
 48 
 60 
 30 
 
 46 
 200 
 50 
 48 
 28 
 14 
 20 
 42 
 50 
 50 
 60 
 50 
 80 
 22 
 56 
 64 
 50 
 
 60 
 80 
 40 
 56 
 70 
 
 74 
 100 
 2^ 
 
 5 
 
 70 
 
 48 
 
 48 
 
 28 
 
 48 
 200 
 
 56 
 196 
 
 48 
 
 48 
 
 60 
 8 
 44 
 50 
 62 
 50 
 
 Land plaster lbs. per bush. 
 
 Lime, unslaked do 
 
 Lime, slaked do 
 
 Liquids gals, per bbl . 
 
 Melon, cantaloupe 
 
 lbs. per bush- 
 Melon, cantaloupe 
 
 bush, per bbl. 
 
 Millet, German, seed 
 
 lbs. per bush. 
 
 Millet, Missouri do 
 
 Millet, Tennessee do 
 
 Oats seed do 
 
 Onions, button sets do 
 
 Onions, matured do 
 
 Onions, top buttons do 
 
 Orchard grass seed do 
 
 .do. 
 
 ...do... 
 ...do... 
 ...do... 
 ...do... 
 ...do... 
 ...do... 
 ...do... 
 ..do... 
 
 Osage orange seed. 
 
 Parsnips 
 
 Peaches, matured 
 
 Peaches, dried 
 
 Pears, matured 
 
 Pears, dry 
 
 Peanuts 
 
 Peas, dry 
 
 Peas, green, in hull 
 
 Peas, green, in hull 
 
 bush, per bbl. 
 
 Pieplant lbs. per bush. 
 
 Plums do 
 
 Pork, net lbs. per bbl. 
 
 Potatoes, Irish.. lbs. per bush. 
 Potatoes, Irish. .bush, per bbl. 
 
 Potatoes, sweet do 
 
 Potatoes, sweet .lbs. per bush. 
 
 Quinces, matured 
 
 Raspberries 
 
 Redrop seed 
 
 Rye seed 
 
 Rye grass (Italian) seed. do 
 
 Sage do 
 
 Salads, turnips, kale do 
 
 Salads, mustard, spinach. do 
 
 Salt do.-- 
 
 Sorghum molasses.lbs. per gal. 
 
 Sorghum seed lbs. per bush. 
 
 Strawberries do 
 
 Timothy seed do 
 
 Tomatoes do 
 
 Turnips bush, per bbl. 
 
 Turnips lbs. per bush. 
 
 Velvet grass seed do 
 
 Walnuts do 
 
 Wheat do 
 
 ...do. 
 .do__. 
 .do... 
 .do... 
 
 100 
 
 80 
 40 
 
 42 
 
 50 
 
 2K 
 
 50 
 50 
 50 
 32 
 32 
 56 
 28 
 14 
 33 
 50 
 50 
 26 
 56 
 26 
 23 
 60 
 30 
 
 2V 2 
 
 50 
 
 64 
 
 200 
 
 60 
 
 2y 2 
 
 50 
 48 
 48 
 14 
 56 
 20 
 
 4 
 30 
 30 
 50 
 12 
 50 
 48 
 45 
 56 
 
 2V 2 
 50 
 
 7 
 50 
 60 
 
 Sec. 3476 (1895). Violation a misdemeanor; penalty. — It shall be 
 unlawful to buy or sell any of the products of the farm, orchard, or 
 garden, or articles of merchandise, mentioned in section 3475, except 
 in strict accordance with the standard of weights and measures pro- 
 
 s For convenience in printing, a slight change has been made in arrangement of these 
 articles. 
 
 a See footnote, p. 20, relative to the Federal standard barrel. 
 
TENNESSEE 781 
 
 vided therein; and it shall be unlawful to dock any of the articles 
 mentioned in said section, delivered in good condition and marketable 
 form, on account of keg or barrel, without allowing value of same. 
 Any person violating this section, or any part thereof, shall be guilty 
 of a misdemeanor, and shall be fined not less than five dollars nor 
 more than fifty dollars for each offense. 
 
 Sec. 3476-al. (1905). Standard bushel of corn meal. — The standard 
 weight of a bushel of corn meal, whether bolted or unbolted, shall be 
 forty-eight pounds. 
 
 Sec. 3476-a2. Corn meal sold in bags showing what; unlawful to sell 
 otherwise. — It shall be unlawful for any person or persons to pack 
 for sale, sell, or offer for sale in this State any corn meal, except in 
 bags or packages containing by standard weight two bushels or one 
 bushel or one-half bushel or one-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 " un- 
 bolted," the amount it contains in bushels or fraction of a bushel, 
 and the weight in pounds : Provided, The provisions of this section 
 shall not apply to the retailing of meal direct to customers from bulk 
 stock when priced and delivered by actual weight or measure. 
 
 Sec. 3476-a3. Violation of last two sections is a misdemeanor. — Any 
 person or persons guilty of violating either of the last two sections 
 shall be deemed guilty of a misdemeanor, and on conviction thereof 
 shall be punished by fine of not exceeding one hundred dollars or by 
 imprisonment not exceeding thirty days, or by both fine and im- 
 prisonment in the discretion of the court. 
 
 Sec. 3476-a4 (1899). Standard half -bushel measure. — It shall be un- 
 lawful for any person, commission merchant, miller, dealer, grain 
 inspector, corporation, company, firm, or association, either by him- 
 self, itself, officer, agent, or employee, when purchasing wheat from 
 the owner, his agent, or employee, to use for the purpose of testing 
 or determining the weight, grade, milling, or market value of wheat, 
 any measure other than the standard half bushel measure furnished 
 this State by the United States; and the use of any fractional part 
 of said standard half bushel measure for such purpose will be a 
 violation of this section. 
 
 Sec. 3476-a5. Leveling stick. — It shall be unlawful to use anything 
 other than a straight stick, with the edges square, for leveling the 
 wheat in said half bushel measure for the purpose of testing the 
 weight, grade, milling, or market value of wheat. 
 
 Sec. 3476-a6. Penalty. — Any person violating the provisions of the 
 last two sections shall be guilty of a misdemeanor, and on conviction 
 shall be fined not less than ten dollars nor more than fifty dollars 
 for each offense. 
 
 Sec. 3477 (1857-58). Apparatus to be proved and sealed yearly. — 
 Every person keeping any store, grocery, warehouse, merchant mill, 
 commission house, railroad depot, or any scales or apparatus for 
 weighing or measuring for the public, shall, once in each year, have 
 the weights, measures, and other apparatus used by him proved and 
 sealed. 
 
 Sec. 3478. Penalty for neglect. — For every neglect to comply with 
 this provision, the delinquent shall be liable to a penalty of five 
 dollars, to be recovered before a justice of the peace, one-half to the 
 
782 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 use of the town or county, the other half to the person who sues 
 therefor. 
 
 Sec. 3479. Unsealed apparatus prohibited. — Every person not enu- 
 merated in section 3477, who shall use weights, measures, or other 
 apparatus, in buying or selling, which have not been once sealed as 
 required by law, shall be subject to a penalty of one dollar and costs, 
 recoverable as above. 
 
 Sec. 3480. Treble damages and costs.— If any person use such weights, 
 measures, and apparatus which have not been sealed according to 
 law, or which have been altered after being sealed, whereby any 
 person shall be defrauded, he shall be subject to an action at law, in 
 which the person defrauded shall recover three times the amount of 
 damages and costs. 
 
 Sec. 3481°. Surveyor's chains. — Every surveyor shall have the 
 chains or other measures used by him in conformity with the 
 standard. 
 
 Sec. 3482. Metric system legalized. — It shall be lawful throughout 
 the United States of America to employ the weights and measures 
 of the metric system, and no contract or dealing or pleading in any 
 court shall be deemed invalid or liable to objection because the 
 weights or measures expressed or referred to therein are weights or 
 measures of the metric system. 
 
 Sec. 3483. Tables of weights and measures. — The tables in the sched- 
 ule hereto annexed shall be recognized in the construction of con- 
 tracts, and in all legal proceedings, as 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, de- 
 termining, and expressing, in customary weights and measures, the 
 weights and measures of the metric system. 4 
 
 Sec. 3484. Metric system furnished States. — The Secretary of the 
 Treasury shall furnish each State, to be delivered to the governor 
 thereof, one set of the standard weights and measures of the metric 
 system for the use of the States respectively. 
 
 Ann. Code, 1917, Shannon, Vol. 5, ch. 6, Art. 2, p. 6111. 
 
 Sec. 6734 (1741). False balance, weight, or measure. — If any person, 
 with intent to defraud, have in his possession, or use, any false 
 balance, weight, or measure in any business, trade, or transaction, 
 it shall be a misdemeanor, 
 
 Sec. 6735. Forfeited. — The magistrate granting the warrant of ar- 
 lest for the offense described in the last section, shall also direct the 
 seizure of the false weights, balances, or measures; and if they are 
 found to be false, the}' shall be forfeited to the county, and, after 
 being made of the standard weight or measure, may be sold and the 
 money paid into the county treasury. 
 
 Sec. 6735-al (1913). Misdemeanor to sell, use, or possess false, un- 
 sealed, or condemned weights and measures or devises. — Any person who, 
 by himself or by his servant or agent, or as the servant or agent of 
 another, shall offer or expose for sale, sell or retain in his possession. 
 a false weight or measure or weighing or measuring device or any 
 
 1 Here followed the tables of the metric system with the equivalents in denominations 
 In use at present. See United States laws, p. 8. 
 
TENNESSEE 783 
 
 weight, measure, weighing device, or measuring device which has 
 not been sealed by a State, county, or city sealer of weights and 
 measures, within one year, or use same in the buying or selling of 
 any commodity or thing or for hire or reward, or shall dispose of 
 any condemned weight, measure, weighing device, or measuring- 
 device, contrary to law, or remove any tag placed thereon by any 
 sealer of weights and measures ; or shall, by himself or by his servant 
 or agent, or as the servant or agent of another, offer or expose for 
 sale, or have in his possession for the purpose of selling, any device 
 or instrument to be used to or calculated to falsify any weight or 
 measure, shall be guilty of a misdemeanor, and upon conviction 
 thereof, shall be punished by a fine of not less than $10 nor more 
 than $50 for the first offense, and for subsequent offenses by a fine of 
 not less than $50 nor more than $100, or by imprisonment in the 
 county jail for not more than ninety days, or by both such fines and 
 imprisonment. 
 
 Sec. 6735-a2. Sale by false weight, measure, or numerical count is 
 a misdemeanor; variations to be fixed and allowed. — Any person who, 
 by himself or by his servant or agent, shall sell, offer, or expose 
 for sale any quantity of any commodity which is by weight, measure, 
 or numerical count less than the quantity which he represents same 
 to be, shall be guilty of a misdemeanor, and, upon conviction, shall 
 be fined not less than $10 nor more than $50 for the first offense, 
 and for subsequent offenses not less than $50 nor more than $100, 
 or shall be imprisoned in the county jail not more than ninety days, 
 or both such fine and imprisonment : Provided, That the State super- 
 intendent of weights and measures and the State sealer of weights 
 and measures shall jointly fix and determine reasonable variations 
 for all classes of commodities; and no penalties for violation of 
 this section shall be imposed when the variation in weight, measure, 
 or numerical count does not exceed the reasonable variation so fixed : 
 Provided further, That the said State superintendent and State 
 sealer shall give the reasonable variations so established all possible 
 publicity through the public press and through bulletins of their 
 offices. 
 
 Sec. 6735-a3. Inquisitional power; special charge. — The grand juries 
 of the several counties of the State shall have inquisitorial power 
 over said offenses, and the judges of the several criminal courts and 
 circuit courts having criminal jurisdiction shall especially charge 
 this law to the grand juries of the several counties of the State. 
 
 Sec. 6735-a4 (1909). Weight falsely marked.— It shall be unlawful 
 for any merchant or manufacturer or any person to sell within this 
 State any package or quantity of any commodity marked to contain 
 or represented to contain a certain number of pounds or ounces or 
 fractions thereof when, as a matter of fact, it contains a less quan- 
 tity. 
 
 Sec. 6735-a5. Tolerance; penalty for violation. — Every violation of 
 the preceding section, where the shortage in weight is as much as 
 one per cent of the marked or represented weight, is declared to 
 be and shall be a misdemeanor, and shall be punished by fine of 
 not less than ten dollars nor more than five hundred dollars or by 
 517—27 50 
 
784 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 imprisonment in the county workhouse for not more than six months 
 or by both in the discretion of the court. 
 Sec. 6736°. Misdemeanor to alter brands. — It shall be a misdemeanor: 
 (1) For any person with intent to defraud, falsely to alter any 
 stamp, brand, or mark on any cask, package, box, or bale containing 
 merchandise or produce, made by a public officer appointed for that 
 purpose, in order to denote the quality, weight, or quantity of the 
 contents thereof. * * * 
 
 Ann. Code, 1917, Shannon, Vol. 5, ch. 3, p. 5669. 
 
 Sec. 6045 (1827). Appropriation. — The county court may appro- 
 priate money as follows : 
 
 (14) For weights and measures. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 11, p. 2769. 
 
 Sec. 3370 (1801). Coopers, restriction on. — No cooper or other person 
 furnishing casks shall expose to sale any barrel or half barrel for 
 holding butter, lard, flour, or kiln-dried meal, but such as are herein 
 directed to be made for that use. 
 
 Sec. 3371. Casks, specifications for. — All casks intended for the pur- 
 pose of containing butter or lard for exportation shall be made of 
 well-seasoned timber, the staves not less than half an inch thick, 
 and the heads not less than three-quarters of an inch thick when 
 wrought, the heading well dowelled, the cask to have twelve good 
 and substantial hoops, securely nailed or pinned, and to be perfectly 
 tight, and capable of holding said articles in a liquid state. 
 
 Sec. 3372. Barrel and half barrel. — Each barrel shall contain not 
 more than thirty gallons, and each half barrel fifteen gallons. 
 
 Sec. 3373 (1859-60). Flour barrel, how to be made. — Casks intended 
 to contain flour or meal for exportation shall be made of good sea- 
 soned materials, tightened with ten hoops, sufficiently nailed with 
 four nails in each chime hoop, and three nails in each bilge hoop, 
 and shall be of the following dimensions: The staves of the barrel 
 shall be twenty-seven inches long, and the head seventeen inches in 
 diameter; and the half barrel shall be one-half the capacity of the 
 barrel. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 12, p. 2770. 
 
 Sec. 3374 (1801). Contents of flour barrel. — Every packer of flour or 
 kiln-dried meal shall put into a barrel the full quantity of one hun- 
 dred and ninet3 r -six pounds of flour, and into every half barrel the 
 full quantity of ninety-eight pounds of flour. 
 
 Sec. 3378-al (1903). Barrels and packages to be well made, and 
 branded, how. — All flour, grits, or corn meal packed in barrels or half 
 barrels, made of any material, or any packages made of wood or 
 metal in which flour, grits, or corn meal are offered for sale, shall 
 be well made and of good material, and shall have the net weight of 
 flour plainly marked on the head, top, or side of the barrel or pack- 
 age with a stencil or paper label or pencil, with letters and figures 
 not less than one inch in length, and the tare marked on the reverse 
 end or side of the barrel or package in like manner. 
 
 Sec. 3378-a2. Weights in barrels and sacks to be branded. — Every 
 miller, bolter, blender, or mixer, or other person who manufactures 
 
TENNESSEE 785 
 
 or who buys flour, grits, or corn meal for the purpose of repacking, 
 shall put into each barrel the 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- 
 eight pounds of flour, grits, or corn meal. When flour, grits, or corn 
 meal is packed in sacks, the gross weight shall be as follows : 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; and may be packed in any other size 
 package, but whatever the size of the package, the gross weight of 
 each package shall be stamped, stenciled, or printed on each package. 
 
 Sec. 3378-a3. Variations allowed. — From the weights above specified, 
 variations from inaccuracies will be allowed as follows : On all 
 packages weighing 90 pounds or over, an allowance of one-fourth of 
 1 per cent, and on all packages smaller than 90 pounds, an allow- 
 ance of one-half of 1 per cent less than the weight specified in section 
 3378-a2. 
 
 Sec. 3378-a4. Violation is a misdemeanor ; fine. — Anj^ violation of sec- 
 tions 3368-al to 3378-a3 shall be a misdeameanor ; and, upon convic- 
 tion, the offender shall be fined not less than fifty dollars nor more 
 than five hundred dollars. 
 
 Sec. 3378-a5. Weight of stock food to be marked on sack or package. — 
 It shall be unlawful for any corporation, firm, or person, to pack 
 for sale, sell, or offer for sale in this State any stock food without 
 plainly marking upon the sack or package in letters and figures not 
 less than two inches in size, the actual weight of each sack of pack- 
 age of such food. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 13, p. 2772. 
 
 Sec. 3385 (1870-71). Tobacco scales, and inspection thereof. — The 
 proprietor [of tobacco warehouses] shall keep good and sufficient 
 scales for weighing tobacco, which shall be tested at the beginning of 
 each tobacco year, and every three months thereafter, by the keeper 
 and sealer of weights for the county, and at the time when written 
 application is made by two or more planters or burghers. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 14, p. 2791. 
 
 Sec. 3452 (1777). Measures. — Millers shall keep in their mills the 
 following sealed measures: One half bushel, one peck, and proper 
 toll dishes for each measure. 
 
 Sec. 3453. False toll dishes. — Every owner keeping a mill, either by 
 himself, servant, or lessee, who shall be convicted of keeping false 
 toll dishes, shall forfeit and pay to the party injured ten dollars, 
 to be recovered before any justice of the peace of the county. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 16, p. 2798. 
 
 Sec. 3465 (1839-40). Salt and sugar, selling by marks. — Any person 
 selling salt or sugar by the barrel, sack, or bag, purporting by the 
 marks or brands to contain a certain number of pounds or bushels, 
 when in fact the quantity falls short of the amount designated, shall 
 forfeit ten cents for each and every pound or deficiency, to any per- 
 son who will sue therefor; but nothing in this section shall be con- 
 strued to prevent the sale of salt or sugar by the mark or brand, 
 if the purchaser is willing to buy by such mark or brand. 
 
786 LAWS CONCEBNING WEIGHTS AND MEASUEES 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 22, p. 2812. 
 
 Sec. 3473-a29 (al913). — For the purpose of this chapter, an article 
 shall be deemed to be misbranded : * * * 
 
 In case of food: * * * 
 
 3. If in package form, the quantity of the contents be not con- 
 spicuously, plainly, and correctly marked on the outside of the 
 package in terms of weight, measure, or numerical count : Provided, 
 That reasonable variation shall be permitted, and tolerances and 
 also exemptions as to small packages shall be established by rules 
 and regulations to be promulgated by the State pure food and drug 
 inspector: Provided, further, That said tolerances and exemptions 
 as to small packages shall be made uniform with like tolerances 
 and exemptions established by the United States Department of 
 Agriculture whenever said department shall establish same: And 
 provided, further, That no penalty of fine or imprisonment for vio- 
 lation of this subsection shall be imposed for goods packed prior to 
 September 25, 1914. 
 
 Ann. Code, 1917, Shannon, Vol. 3, ch. 27, p. 2837. 
 
 Sec. 3485 (1883). Tobacco and cotton weighers; manner of election. — 
 The county court of any county in the State (a majority of its 
 members favoring the same) may, on the first Monday of July of 
 every year, elect cotton and tobacco weighers for such county, whose 
 duty it shall be to weigh all cotton and tobacco that parties may 
 agree to have weighed by him. The said election shall be by 
 ballot, and the party getting the highest number (provided it be a 
 majority of the votes cast), shall be declared elected. 
 
 Sec. 3486. Equipment. — Before entering upon the duties of his office, 
 said cotton and tobacco weigher shall provide himself with balances 
 or scales, duly tested according to the laws of Tennessee, and shall 
 take an oath faithfully and impartially to discharge the duties of 
 said office, and shall give bond in such penalty as the court may pre- 
 scribe, conditioned as set forth in said affidavit, and said officer shall 
 hold his office twelve months, or until his successor is elected and 
 qualified. 
 
 Sec. 3487. Exact weights. — It shall be the duty of said cotton and 
 tobacco weighers to give and declare exact and just weights, regard- 
 less of the condition of the cotton and tobacco. 
 
 Sec. 3488. Penalty for violation. — Any cotton weigher elected ac- 
 cording to the provisions of this chapter, who shall give or declare 
 any unjust weights, or who shall wilfully violate the previous sec- 
 tions of this chapter, shall be guilty of a felony, and, upon convic- 
 tion of the same, shall be confined in the State penitentiary not less 
 than one nor more than three years. 
 
 Sec. 3489. Compensation. — The court may prescribe the compensa- 
 tion for said cotton and tobacco weigher, which shall not be over ten 
 cents a bale, and twenty-five cents a hogshead, to be paid by the party 
 selling the cotton and tobacco. 
 
 Sec. 3490 (al890). Scalage of cotton prohibited. — It shall be unlawful 
 for any purchaser or weigher of cotton to deduct two pounds, or any 
 number of pounds, known as " scalage " from the actual weight of 
 any merchantable bale of cotton weighed or purchased by them; 
 and purchasers shall account to the seller of cotton, in all instances, 
 
TENNESSEE 787 
 
 for the actual weight of the bale purchased or weighed, except in 
 cases of wet or damaged cotton, or any number of pounds for bag- 
 ging and ties, when the amount to be deducted shall be agreed upon 
 by the parties buying and selling ; but the number of pounds agreed 
 upon to be deducted for bagging and ties shall not exceed their 
 actual weight. For each violation of this section the offender shall 
 be deemed guilty of a misdemeanor, and, upon conviction by a court 
 of competent jurisdiction, he shall be fined not less than ten nor more 
 than twenty dollars. 
 
 Ann. Code, 1917, Shannon, Vol. 1, ch. 3, p. 204. 
 
 Sec. 325-a41 (al911). Feeding stuffs, weight to be marked. — Every lot 
 or parcel of concentrated commercial feeding stuff sold, offered, or 
 exposed for sale within this State shall have affixed thereto or 
 printed thereon, in a conspicuous place on the outside thereof, a 
 legible and plainly printed statement, in the English language, 
 clearly and truly certifying the weight of the package (provided, 
 that all concentrated commercial feeding stuffs shall be in standard 
 weight bags or packages of 5, 8%, 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; * * * . 
 
 Sec. 325-a55 (1909). Penalty. — -Any manufacturer, importer, job- 
 ber, agent, or dealer who shall violate any of the provisions of this 
 article or the regulations adopted by the commissioner of agriculture, 
 upon conviction thereof, shall be fined not exceeding fifty dollars for 
 the first offense nor more than two hundred dollars for each subse- 
 quent offense, and the proceeds from such fines shall be covered into 
 the State treasury for use of the department executing the provisions 
 of this article. 
 
 Sec. 325-a61 (1903). Manufacturers and dealers to brand product in 
 manner directed. — All persons, companies, manufacturers, dealers, or 
 agents before selling or offering for sale in this State any com- 
 mercial fertilizer or fertilizer material, shall brand or attach to each 
 bag, barrel, or package, the name and address of the manufacturer, 
 and the guaranteed analysis of the commercial fertilizer, giving the 
 valuable constituents of the commercial fertilizer in minimum per- 
 centages only. Only these items shall be branded or printed on the 
 package in the following order : 
 
 (1) Weight of each package in pounds. 
 
 (7) Name and address of the manufacturer. 
 
 Ann. Code, 1917. Shannon, Vol. 5, p. 6509. 
 
 Sec. 329-a29b2 (1917). Licensed milk tester is required, when; license 
 and fee; revocation; no second license, when. — Every person receiving 
 or buying milk or cream, on the basis of its butterfat content, shall 
 be or have in his emplo} r a licensed milk tester to manipulate the 
 Babcock test, and no person not holding such license shall be allowed 
 to manipulate the Babcock test in any creamery, cheese factory, milk 
 depot, milk plant, ice cream factory, cream station, milk condensary, 
 or similar plant where milk or cream is bought or received on a basis 
 of its butterfat content, or both its weight and butterfat content. 
 The license shall be issued by the State dairy commissioner to such 
 milk tester only after he has satisfactorily passed an examination 
 
788 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 given by the State dairy commissioner, or his duly appointed deputy, 
 and upon the payment of a license fee of two dollars to the State 
 dairy commissioner, or his duly appointed deputy. This license shall 
 be valid for one year, but may be revoked by the State dairy commis- 
 sioner if the licensee fails to comply with the rules and regulations 
 under which the license was granted. A second license shall not be 
 issued to any tester from whom a license has been revoked. The pro- 
 visions of this section shall not apply to individuals, hotels, restau- 
 rants, and boarding houses buying milk or cream for private use. 
 
 Sec. 329a29b3. Standard scales, weights, and measures, etc. — Every 
 person, or agent for any person, buying milk or cream, on the 
 basis of its weight or butt-erfat content as determined by the Bab- 
 cock test, or on a basis of both its weight and butterfat content, shall 
 use only standard scales, weights, measures, Babcock test bottles and 
 pipettes, as specified in the rules and regulations of the State dairy 
 commissioner, as provided for in section 329a29bl0, and which have 
 been inspected and duly approved by the State dairy commissioner, 
 or his duly appointed deputy. 
 
 Sec. 329a29b4. Unlawful to manipulate the Babcock test contrary to 
 rules and regulations, or to falsify the records thereof. — It shall be un- 
 lawful for any person buying and paying for milk or cream, on the 
 basis of the butterfat content, or any agent thereof, to manipulate 
 the Babcock test in any way other than as prescribed in the rules 
 and regulations of the State dairy commissioner, as provided for in 
 section 329a29bl0, or to falsify the records thereof. 
 
 Sec. 329a29b5. Unlawful to fraudulently manipulate weights or sam- 
 ples, or to take samples contrary to rules, etc. — It shall be unlawful for 
 any person buying or receiving milk or cream, by weight or butter- 
 fat content, or by both weight and butterfat content, or any agent 
 of such person to fraudulently manipulate the weight or weights of 
 milk or cream of any person, or to take a sample or samples for test- 
 ing in an}^ manner not approved by the rides and regulations of the 
 State dairy commissioner, as provided for in section 329a29bl0, 
 or to fraudulently manipulate such sample or samples. 
 
 Sec. 329a29b8. Fees for inspection and approving scales, measures, and 
 apparatus. — The fee to be charged by the State dairy commissioner, 
 or his duly appointed deputy, for inspecting and approving the 
 scales, measures, and apparatus as provided for in this act shall be 
 three cents for each piece of apparatus or glassware so inspected and 
 approved. 
 
 Sec. 329a29b7. Office of State dairy commissioner is created; appoint- 
 ment of commissioner and deputies. — The office of the State dairy 
 commissioner is hereby created, and the State commissioner of agri- 
 culture is hereby authorized to appoint a State dairy commissioner 
 and such deputies as in his judgment may be necessary to carry out 
 the provisions of this act. 
 
 Sec. 329a29bl0. Rules and regulations, approval of. — It shall be the 
 duty of the State dairy commissioner to formulate such rules and 
 regulations as may be necessary in the proper execution of this act, 
 such rules and regulations to be made with the approval of the 
 commissioner of agriculture, and the dean of the college of agricul- 
 ture, University of Tennessee, or their duly appointed agents. 
 
 Sec. 329a29bll. Examination of testers; inspection of Babcock testers; 
 destruction of apparatus. — He shall have authority to enforce the pro- 
 
TENNESSEE 
 
 789 
 
 visions of this act, by giving examinations to applicants for posi- 
 tions as testers; by inspecting all Babcock testers, glassware, and 
 scales as provided for in this act, and he shall have the authority 
 to destroy all apparatus not found accurate. 
 
 Sec. 329a29bl2. License of testers; certified apparatus. — He shall issue 
 testers' license to applicants as provided for in section 329a29b2; 
 he shall certify to the accuracy of apparatus by inscribing thereon 
 the initials "T. D. C." (Tennessee Dairy Commissioner) in an indeli- 
 ble manner and shall either destroy or properly label all glassware 
 and other apparatus found inaccurate. 
 
 Sec. 329a29bl3. Inspection of Babcock testers, scales, and other ap- 
 paratus every three months. — He shall visit all creameries, cheese 
 factories, milk depots, milk plants, ice cream factories, cream sta- 
 tions, cream routes, milk condensaries, and similar plants in the 
 State at least once every three months for the purpose of inspecting 
 the Babcock testers, scales, and other apparatus used in the test and 
 for inspecting of such plants with regard to the execution of this act. 
 
 Sec. 329a29bl7. Tests to settle disputes between buyers and sellers; 
 such tests regarded as prima facie correct. — They are further authorized 
 and empowered to make such tests as are necessary to settle disputes, 
 when called on by either buyer or seller of milk, cream or other 
 dairy products where such disputes arise over dissatisfaction, re- 
 garding weights or tests of dairy products. Such tests made by the 
 State dairy commissioner or his deputies shall be regarded as prima 
 facie correct, and shall be taken as a basis of settlement in such 
 disputes. 
 
 Ann. Code, 1917, Shannon, Vol. 1, ch. 3, Art. VIII, p. 238. 
 
 Sec. 339 (1887). Duties of checkweighman. — At every coal or other 
 mine in this State, where coal or other minerals are mined by weight 
 or measure, the miners, or a majority of those present at a meeting 
 called for that purpose, shall have the right to employ a competent 
 person as checkweighman or check measurer, as the case may require, 
 who shall be permitted at all times to be present at the weighing or 
 measuring of coal, also have power to weigh or measure the same, 
 and, during the regular working hours, to have the privilege to 
 balance and examine the scales or measure the cars : Provided, That 
 all such balancing or examination of scales shall only be done in 
 such way and in such time as in no way to interfere with the regular 
 working of the mines; and he shall not be considered a trespasser 
 during working hours while attending to the interest of his em- 
 ployers, and in no manner shall he be interfered with or intimidated 
 by any person, agent, owner, or miner; and any person violating 
 these provisions shall be held and deemed guilty of a misdemeanor, 
 and, upon conviction thereof, he shall be punished by a fine of not 
 less than twenty dollars and not exceeding one hundred dollars or 
 imprisoned, at the discretion of the court. 
 
 Sec. 340. Further duties; differences, how settled. — It shall be a 
 further duty of checkweighman or check measurer to credit each 
 miner with all merchantable coal or other mineral mined by him, on 
 a proper sheet or book kept by him for that purpose. When differ- 
 ences arise between the check weighman or check measurer and the 
 agent or owners of the mine, as to the uniformity, capacity of scales 
 or cars used, the same shall be referred to the mine inspector of the 
 
790 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 district where the mine is located, whose duty it shall be to regulate 
 the same at once ; and, in the event of said scales or cars proving to 
 be correct, then the party or parties applying for the testing thereof 
 to pay or bear all costs and expenses thereof, but, if not correct, then 
 the owner or owners of said mine to pay the cost and charges of 
 making said examination. 
 
 Sec. 341. Penalty for incorrect weighing or measuring. — Should any 
 weighman, agent, or check measurer, whether employed by operators 
 or miners, knowingly or wilfully adopt or take more or less pounds 
 for a bushel or ton than is now provided for by law, or wilfully 
 neglect the balancing or examining of the scales or cars, or know- 
 ingly and wilfully weigh coal with an incorrect scale, he shall be 
 guilty of a misdemeanor, and, upon conviction thereof, shall be 
 imprisoned in the county jail for not less than three months. 
 
TEXAS 
 Laws, 1925, ch. 13, p. 35. 
 
 Sec. 1. Abolishing weights and measures department. — The office of 
 commissioner of markets and warehouses of the State of Texas is 
 hereby abolished, and the authority, duties, powers, functions, rights, 
 and liabilities, heretofore vesting in said commissioner, shall here- 
 after vest in and be had and performed by the commissioner of 
 agriculture. The markets and warehouse department and the 
 weights and measures department of the State of Texas are hereby 
 abolished, and the duties and functions of the same shall hereafter 
 vest in the commissioner of agriculture. 
 
 Revised Civil Statutes, 1925, Vol. 1, Title 93, ch. 7, p. 1605. 
 
 Sec. 5705 (1919). Commissioner to enforce law. — The commissioner 
 of markets and warehouses 1 shall hove power and authority to en- 
 force, or cause to be enforced, am^ provision of this chapter. He 
 shall appoint a chief deputy, who shall be known as chief deputy of 
 weights and measures. In the absence or inability of the commis- 
 sioner, such deputy may perform any duty required by the provisions 
 of this chapter. The commissioner shall also appoint such addi- 
 tional deputies from time to time to serve as sealers of weights and 
 measures, as may be provided for by appropriation. He may also 
 designate such inspectors, lecturers, or employes, serving under him 
 as commissioner, as sealers of weights and measures. 
 
 Sec. 5706. Expenses. — Such deputies, together with the chief deputy 
 and the commisioner, shall be entitled to their actual traveling 
 expenses when traveling on business for the State, and the legislature 
 shall provide from time to time by appropriation other estimated 
 expenses to fully carry out the provisions of this chapter. 
 
 Sec. 5707. Duty of commissioner. — The commissioner shall investi- 
 gate conditions throughout the State, and especially in all the cities 
 and towns in the State, with respect to weights and measures, and 
 the sale of goods, wares and merchandise, commodities, food stuff 
 and feed stuff sold in packages or containers, and also all kinds of 
 feed, fuel or ice that is sold by weight or measure The commis- 
 sioner shall annually report to the governor, and shall, prior to each 
 regular session of the legislature, file a copy of such report made by 
 him to the governor, together with his recommendations, with the 
 legislature of the State. 
 
 Sec. 5708. Rules and regulations. — The commissioner shall issue in- 
 structions and make such rules and regulations for the government 
 of all State sealers of weights and measures, deputy sealers, in- 
 spectors and local sealers, as he may see proper in order to carry 
 out the purposes of this chapter. All such rules and regulations so 
 
 1 The office of commissioner of markets ami warehouses was abolished ami the <luti<s 
 vested In the eqihtnissionfer tit agriculture i>y Laws, i !>•>:"», ch. !:;. 
 
 791 
 
792 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 issued by him shall have the same force and effect as if they were 
 enacted into law. 
 
 Sec. 5709. Jurisdiction. — The jurisdiction of all State sealers, dep- 
 uty sealers and inspectors appointed by the commissioner shall be 
 co-extensive with the limits of the State and they shall have a right 
 to inspect weights and measures in any and all districts or locali- 
 ties designated by the commissioner. The jurisdiction of all local 
 sealers of weights and measures appointed by the governing body 
 of any city in this State shall be co-extensive with the limits of said 
 city. 
 
 Sec. 5710. Same power as peace officer. — The commissioner, his dep- 
 uty, sealers or inspectors and all local sealers and their deputies 
 in the performance of their official duties, shall have the same 
 power as peace officers in this State. 
 
 Sec. 5711. Record of acts and reports. — The commissioner shall keep 
 in his office a complete record of all acts done by him ; of all inspec- 
 tions made throughout the State, and a record of all prosecutions for 
 the violation of any provision of this chapter. He shall keep an 
 accurate record of the reports of all the various sealers of weights 
 and measures, deputy sealers and inspectors appointed by him, or 
 under his direction, as well as a record of the inspections of all local 
 sealers of weights and measures appointed by the various cities of 
 the State; such record shall always be open to the inspection of the 
 public. Copies of such record may be had by application therefor, 
 together with the necessary cost of making such copies. 
 
 Sec. 5712. Test of standard. — The standard of weights and measures 
 received from the United States under a resolution of Congress, ap- 
 proved June 14, 1836, and such new weights and measures as shall be 
 received from the United States as standard weights and measures 
 in addition thereto, or in renewal thereof, and such as shall be pro- 
 cured by the State in conformity therewith and certified by the 
 bureau of standards, shall be the State's standards by which all State 
 and municipal standards of weights and measures shall be tried, 
 authenticated, proved and sealed. 
 
 Sec. 5713. To keep and maintain standards. — The standards referred 
 to in the preceding article [section] shall be kept by the commissioner 
 in a safe and suitable place in his office, from which they shall not be 
 removed except for repairs or certification. He shall maintain such 
 standards in good order and shall submit them, at least once in ten 
 years to the National Bureau of Standards for certification. He 
 shall purchase such apparatus as shall be found necessary to a 
 proper prosecution of the work of the office. 
 
 Sec. 5714. Shall establish tolerances. — The commissioner shall estab- 
 lish tolerances and specifications for commercial weighing and meas- 
 uring apparatus for use in this State, similar to the tolerances and 
 specifications recommended by the National Bureau of Standards 
 and he may establish a standard net weight or net count of any com- 
 modity, produce, or article, and prescribe such tolerances for same as 
 he may in his best judgment deem necessary for the proper protec- 
 tion of the public. 
 
 Sec. 5715. Copies to cities. — The commissioner shall, at the request 
 of any city council, town council, city commission or any other such 
 town or city body, furnish to them copies of the standard weights 
 
TEXAS 793 
 
 and measures of the State; such copies shall be furnished at the 
 expense of any such city or town requesting the same. He shall, 
 upon request of any such city council, town council, or city com- 
 mission, test and accurately approve copies of the State's standards 
 of weights and measures procured for the use of any such city or town, 
 to be used by the sealer of weights and measures for such city or 
 town. All copies furnished or copies tested and approved by the 
 commissioner shall be true and correct; shall be sealed and certified 
 by the commissioner and stamped with the letter " C." Such copies 
 need not be of the same material or construction as the standards 
 of the State and such copies may be furnished in any suitable mate- 
 rials or construction that the city or town requiring. the same may 
 specify, subject, however, to the approval of the commissioner. 
 
 Sec. 5716. Correcting standards of cities. — The commissioner shall 
 inspect and correct the standards used by any incorporated city or 
 town in this State at least once every two years and compare the same 
 with others in his possession, and keep a record of the state of 
 inspection and character of weights and measures so compared. 
 
 Sec. 5717. Sale of false devices. — The commissioner shall have gen- 
 eral supervision over all weights and measures and weighing and 
 measuring devices sold or offered for sale in this State. If any 
 false weights or measures are being sold, offered for sale, or about 
 to be sold, he shall have full authority to condemn same and prohibit 
 the sale and distribution of such false weights and measures, or 
 weighing and measuring devices in this State. 
 
 Sec. 5718. Certified standard. — All sealers of weights and measures, 
 or deputy sealers of weights and measures appointed under the 
 terms and provisions of this law are prohibited from using for the 
 purpose of comparison or verification in any official capacity any 
 weights or measures, unless same have been certified to by the 
 commissioner. All expenses incurred in certifying to the correctness 
 of the weights and measures or copies of the same used by any 
 incorporated city or town in this State shall be paid by such city 
 or town for whom the comparison or test is made. 
 
 Sec. 5719. Copies of original standard. — In addition to the standards 
 heretofore referred to, and required to be kept by the State, the 
 State shall also have a complete set of copies of such original stand- 
 ards of weights and measures adopted by this chapter, which shall 
 be used for adjusting municipal standards by the commissioner 
 or his deputy in the performance of their duties, and the original 
 standards shall not be used, except for the adjustment of this set 
 of copies and for certification purposes. Additional complete sets 
 of copies for such original standards of weights and measures may 
 be purchased by the commissioner when the same are necessary 
 for use by any State sealer of weights and measures, or deputy 
 State sealer of weights and measures. In all instances where the 
 State shall furnish true and correct copies of weights and measures 
 for the use of any incorporated city Or town in this State, sttch 
 city or town shall reimburse the State for the actual cost thereof, 
 plus such expenses as are necessary to pay the freight, express and 
 cost of certification thereof. 
 
 Sec. 5720. Test of weights and measures in State institutions. — The 
 commissioner or his deputy shall at least once annually, or oftener 
 
794 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 if requested so to do by the board of control, or board of supervisors, 
 regents or other governing body of any State institution or peniten- 
 tiary commission or the governing body of any other penal institution 
 of the State, test all scales, weights and measures used in checking 
 the receipt and distribution of supplies of any such institution under 
 the control of the State, and shall report his findings to the chairman 
 of the board, or the superintendent of such institution. He shall also 
 test all scales, weights and measures used for any other purpose by 
 such institution. 
 
 Sec. 5721. Local sealers, procedure when found negligent or incom- 
 petent by State superintendent. — The commissioner, if he finds that 
 any sealer or deputy sealer of weights and measures appointed by 
 any incorporated city or town in this State, by virtue of the authority 
 given them under the law, is neglecting to perform the duties of his 
 office, or has refused to accept the recommendations and instructions 
 of the commissioner and be guided thereby, or is guilty of any mal- 
 feasance in office, or who is incompetent, he shall present to the gov- 
 erning body or officer who has control or supervision of such city 
 sealer of weights and measures, or deputy sealer of weights and 
 measures, a written charge and accusation based upon and clearly 
 stating the offense of such sealer or deputy sealer and request such 
 officer or governing body to hear and determine such accusation. 
 Upon receipt of such charge and accusation, such officer or city com- 
 mission with whom the same has been filed, shall make an order set- 
 ting the same for a hearing at a time which shall be not less than ten 
 nor more than twenty days from the date of filing of such charge and 
 accusation and shall in such order fix the time and place for such 
 hearing. A copy of such charge and accusation, together with a copy 
 of such order, shall be served upon the accused at least seven days 
 prior to the time fixed for such hearing. At such hearing the accused 
 shall have the right to be represented by counsel and to produce evi- 
 dence in his defense. If, upon such hearing, he shall be found guilty 
 of malfeasance, or misfeasance in office or adjudged to be incompe- 
 tent to perform the duties of the office, the officer or governing body 
 before whom such hearing is had must forthwith remove him from 
 office. Whenever it shall become known to the commissioner or his 
 deputy that any local sealer of weights and measures for an3^ city 
 or town in this State, or deputy sealer of weights and measures, is 
 guilty of accepting any bribe, gift or money from anyone who is in- 
 terested in procuring false weights and measures, as soon as such 
 fact shall become known, or be made known to the officer or govern- 
 ing body employing such sealer or deputy sealer, he or they shall 
 immediately suspend such sealer from office. 
 
 Sec. 5722. To supervise local sealers. — Every local sealer of weights 
 and measures, or deputy sealer, appointed by any governing body of 
 any town or city shall be under the supervision of the commissioner, 
 and shall be required to report to him regularly and carry out all 
 the instructions of the commissioner. Failure or refusal to do so 
 shall be grounds for dismissal from the service. 
 
 Sec. 5723. Sealers to preserve standards and keep record of work done ; 
 report to State superintendent. — Each sealer of weights and measures, 
 deputy sealer, inspector, or local sealer shall carefully preserve all 
 copies of the standards of weights and measures used by him in 
 
TEXAS 795 
 
 his inspection work, and keep the same safe and in good order, when 
 not in actual use. He shall keep a record of all work done by him 
 showing the inspections made, for whom made, giving the name and 
 post-office address of each party for whom any measurement, test 
 weight, inspection, condemnation or prosecution is made; such 
 record shall be preserved by him, from which he shall compile his 
 reports at regular intervals to the commissioner when required to 
 make a report. He shall keep a caref id record of all violations of the 
 weights and measures law and report in detail to the commissioner. 
 
 Sec. 5724. Weighing and measuring apparatus for sale or in use to be 
 marked as to correctness. — Every person, firm or corporation, or asso- 
 ciation of persons, using or keeping for use, or having or offering 
 for sale, weights, scales, beams or measures of any kind, instruments 
 or mechanical devices for weighing or measuring, and tools, appli- 
 ances and accessories connected with any or all of such instruments 
 or measurements within this State, shall cause the same to be sealed 
 and marked by the sealer of weights and measures as to their cor- 
 rectness, and no instrument shall be sold for the purpose of weighing 
 or measuring unless it shall bear the seal of the inspector of weights 
 and measures as to its correctness. 
 
 Sec. 5725. Testing, how often required and permitted; new apparatus 
 to be tested, when. — When any weight, scale, beam, measure of any 
 kind, instrument or mechanical device for weighing or measuring; 
 also all tools and appliances necessary or connected with any such 
 instruments of measure have been tested and found correct by any 
 sealer appointed under the provisions of this chapter, the same may 
 be used, kept for use, offered for sale, sold or kept for sale any- 
 where within this State for one year without being further tested. 
 Any weight, scale, beam, measures of every kind, instruments or 
 mechanical devices for weighing or measuring, or appliances and 
 accessories connected with any or all of such instruments or meas- 
 ure, which have been tested and sealed and certified as correct by 
 the National Bureau of Standards may be kept for sale, sold or 
 offered for sale without being tested and sealed by a sealer under 
 the provisions of this chapter, but all such weights, scales, beams, 
 measures or [of] any kind, instruments or mechanical devices for 
 weighing or measuring; also all tools and appliances necessary con- 
 nected with any or all of such instruments or measures shall always 
 be subject to inspection and testing as herein provided, notwith- 
 standing that the same have been tested and sealed, either by a sealer 
 appointed under the provisions of this chapter or by the National 
 Bureau of Standards. Any scale, beam or mechanical device foi 
 weighing or measuring, which, after being sold, and before being 
 used for weighing and measuring, it is found necessary to assemble 
 and set up, may be sold, kept for sale or offered for sale without 
 Jirst being tested and sealed, but such scale, beam or measuring de- 
 vice for weighing or measuring, before being used for weighing or 
 measuring, without the consent of the commissioner, must be tested 
 and sealed as provided in this chapter. 
 
 Sec. 5726. Testing weights and measures apparatus by sealers; weigh- 
 ing packages of commodities, may be seized, when; police powers of 
 officials. — All sealers, deputy sealers, inspectors, and local sealers 
 shall inspect, try and test all weights, scales, beams, measures of any 
 
796 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 kind, instruments or mechanical devices for weighing or measuring 
 and all tools, appliances and accessories connected with any or all 
 such instruments or measures kept for the purpose of sale, sold or 
 used by any proprietor, agent, lessee or employe in proving the 
 size, quantity, extent, area, weight or measurement of quantities, 
 things, produce, articles for distribution or consumption, purchased 
 or offered or submitted by such person or persons for sale, hire, or 
 award and ascertain if the same are correct, and he shall have the 
 power to and shall from time to time weigh or measure packages or 
 amounts of commodities of whatsoever kind kept for the purpose of 
 sale, offered for sale or sold, or in the process of delivery, in order 
 to determine whether the same contains the quantity or amount rep- 
 resented and whether they are being offered for sale or sold in ac- 
 cordance with law and may seize for use as evidence such amounts 
 of commodities or packages which shall be found to contain a less 
 amount than that represented. He shall at least once each year, or 
 as much oftener as may be found necessary, and directed by the 
 commissioner, see that the weights, measures and all weighing and 
 measuring apparatus, used in any locality to which he is assigned 
 for the purpose of inspection, are correct. All local sealers of 
 weights and measures shall test at least once each year all scales, 
 weights and measures of every kind and device within any such city 
 to which they are appointed, and oftener, if required so to do. Any 
 sealer, or deputy sealer, or inspector for the purposes above men- 
 tioned, and in the general performance of his duty may, without 
 warrant, enter, go into or upon any stand, place, building or prem- 
 ises, or stop any vendor, peddler, junk dealer, driver of a coal wagon, 
 ice wagon or delivery wagon or the driver of any wagon containing 
 commodities for sale or delivery, and if necessary require him to 
 proceed to some place which the sealer may specify for the purpose 
 of making the proper tests. 
 
 Sec. 5727. Testing' apparatus; may be condemned, seized, or destroyed, 
 when; removal of tags; reinspection. — Whenever a sealer, deputy 
 sealer, or inspector of weights and measures compares weights and 
 measures, or weighing or measuring instruments and finds that they 
 correspond, or causes them to correspond to the standards, he shall 
 seal or mark under his name such weight or measure or weighing 
 or measuring instrument with an appropriate device showing that the 
 weight or measure, or weighing or measuring instrument is correct, 
 and the date of the inspection, which device shall be placed so as to 
 be easily seen. He shall condemn and seize and may destroy incorrect 
 weights and measures and weighing and measuring instruments, 
 which in his best judgment are not susceptible of repair, but any 
 weights and measures, or weighing or measuring instruments which 
 shall be found to be incorrect, but which, in his best judgment are 
 susceptible of repair, he shall cause to be marked with a tag or other 
 suitable device with the words " Out of order." The owner or user 
 of any weights or measures, or weighing or measuring instruments, 
 which have been marked " Out of order," as in this article provided, 
 may have the same repaired or corrected within thirty da}^, but until 
 the same have been repaired or corrected and tested as herein pro- 
 vided, the owner or user thereof must neither use nor dispose of the 
 same in any way, but shall hold the same at the disposal of the com- 
 
TEXAS 797 
 
 missioner or any deputy or local sealer. When the same. have been 
 repaired or corrected, the owner or user thereof shall notify the com- 
 missioner or his deputy or local sealer and they shall again be tested 
 for the purpose of proving the weight, measure or weighing or meas- 
 uring instrument which had been found to be incorrect and marked 
 as in this article, and until such weight, measure or weighing or 
 measuring instrument has been re-inspected by the sealer and found 
 correct, the same shall not be used or in any way disposed of by the 
 owner. When any weight, measure or weighing or measuring in- 
 strument has been repaired and corrected, and has been re-inspected 
 and found correct by the sealer of weights and measures, the sealer 
 of weights and measures shall remove the tag or device with the 
 words " Out of order " and shall mark such weight, measure or weigh- 
 ing or measuring instrument in the manner provided for the mark- 
 ing of same where upon inspection they were found to be correct. 
 
 Sec. 5728. Fees for testing. — The commissioner shall have the right 
 and power to fix and collect a nominal fee for testing all weights, 
 scales, beams and any kind of instruments or mechanical devices for 
 weighing or measuring; all tools, appliances and accessories con- 
 nected with all such instruments before they are offered for sale; 
 such fee, however, to be reasonable and to be graduated according to 
 the cost of such instrument, and it shall be unlawful for anyone to 
 sell any weights, scales, beams, measuring instruments or mechanical 
 devices for weighing or measuring, or to lease or rent same, unless 
 such instruments have been inspected, tested and approved by the 
 commissioner, or one of his duly accredited deputies. All moneys 
 collected by the commissioner shall be paid into the State treasury. 
 
 Sec. 5729. Definitions. — The word " person," whenever used in this 
 chapter, shall be deemed to include person, firm or corporation and 
 all officers, directors and managers of corporations shall comply with 
 the provisions of this chapter on behalf of their respective corpora- 
 tions. 
 
 Sec. 5730. Unit of standard of length and surface; yard, rod, pole, 
 perch, mile, Spanish vara, chain, link, acre, square mile. — The standard 
 of weights and measures adopted and used by the Government of 
 the United States is hereby declared the legal standard of weights 
 and measures of this State ; provided, that as to commodities for 
 which the Congress of the United States provided no standard of 
 weights or measures, the standards adopted by this State shall be 
 the standard of weights and measures for such commodities. The 
 unit of standard of length and surface, from which all the other 
 measures of extension, whether lineal, superficial or solid, shall be 
 derived and ascertained, is the standard yard designated in this 
 chapter, which is divided into three equal parts called feet, and each 
 foot into twelve equal parts called inches. For measures of cloth, 
 and other commodities commonly sold by the yard, it may be divided 
 into halves, quarters, eighths and sixteenths. The rod, pole or perch 
 contains five and one-half yards; the mile one thousand seven hun- 
 dred and sixty yards. The Spanish vara, thirty-three and one-third 
 inches. Where land is measured by the English rule, the chain for 
 measuring land shall be twenty-two yards long and divided into one 
 hundred equal parts called links. The acre tor land measure shall 
 be measured horizontally and shall contain forty-eight hundred and 
 
798 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 forty square yards; six hundred and forty acres shall constitute a 
 square mile. 
 
 Sec. 5731. Units of weight; pound, hundredweight, ton, troy ounce, and 
 pound. — The units or standards of weight from which all the other 
 weights shall be derived and ascertained shall be the standard of 
 avoirdupois and troy weights designated in this chapter, and avoir- 
 dupois pounds shall bear to the troy pounds the ratio of seven 
 thousand to five thousand seven hundred and sixty grains, and the 
 avoirdupois pound shall be divided into sixteen equal parts called 
 ounces. The hundredweight shall consist of one hundred avoirdu- 
 pois pounds, and twenty hundredweight shall constitute a ton. The 
 troy ounce shall be one-twelfth of a troy pound. 
 
 Sec. 5732. Standard for liquids. — The units or standards of measure 
 of capacity for liquids from which all other measures shall be derived 
 and ascertained, shall be the standard gallon and its parts designated 
 in this chapter. The barrel shall constitute thirty-one and one-half 
 gallons and two barrels shall make a hogshead. All other measures 
 of capacity for liquids shall be derived from the liquid gallon by con- 
 tinual division by the number two, so as to make half gallons, quarts, 
 pints, half pints and gills. 
 
 Sec. 5733. Standard for solids, — The unit or standard measure of 
 capacity for substance not liquids, from which all measures of such 
 substance shall be derived and ascertained, is the standard half bushel 
 mentioned in this chapter. The peck, half peck, quarter peck, quart 
 and pint measure for measuring commodities which are not liquid 
 shall be derived from the half bushel by successively dividing that 
 measure by two. The standard bushel measure shall constitute two 
 thousand one hundred fifty and forty-two one-hundredths cubic 
 inches; the standard half bushel measure shall contain ten hundred 
 seventy-five and twenty [twenty-one] one-hundredths cubic inches; 
 the standard gallon shall contain two hundred thirty-one cubic inches. 
 All measures for measuring dry commodities shall not be heaped but 
 shall be stricken with a straight stick or roller.. 
 
 Sec. 5734. Weights per bushel, barrel, or ton; cord and ton defined; 
 weight per cubic yard of sand and gravel; Federal requirements recog- 
 nized. — Whenever any of the following articles shall be contracted 
 for, sold or delivered, the weight per bushel or barrel or divisible 
 merchantable quantities of a bushel or barrel shall be as follows : 2 
 
 Wheat flour, per barrel 200 pounds. 
 Wheat flour, per half barrel sack 100 
 
 pounds. 
 Wheat flour, per quarter barrel sack 
 
 50 pounds. 
 Wheat flour, per eighth barrel sack 25 
 
 pounds. 
 Corn meal, per bushel sack 50 pounds. 
 Corn meal, per half bushel sack 25 
 
 pounds. 
 Corn meal, per quarter bushel sack 
 
 12% pounds. 
 Alfalfa seed, per bushel 60 pounds. 
 Apples, green, per bushel 50 pounds. 
 Apples, dried, per bushel 28 pounds. 
 Barley, per bushel 48 pounds. 
 
 Beans, green or string, per bushel 24 
 
 pounds. 
 Beans, wax, per bushel 24 pounds. 
 Beans, white, per bushel 60 pounds. 
 Beans, castor, per bushel 46 pounds. 
 Beets, per bushel 60 pounds. 
 Blue grass seed, per bushel 14 pounds. 
 Bran, per bushel 20 pounds ; by the 
 
 100 pounds in 100-pound bags. 
 Broom corn seed, per bushel 48 pounds. 
 Buckwheat, per bushel 52 pounds. 
 Carrots, per bushel 50 pounds. 
 Charcoal, per bushel 22 pounds. 
 Clover seed, per bushel 60 pounds. 
 Coal, anthracite, per bushel 80 pounds. 
 Coke, per bushel 40 pounds. 
 
 a For convenience in printing a slight change has been made in the arrangement of 
 these articles. 
 
TEXAS 
 
 799 
 
 Corn meal, unbolted, per bushel 48 
 
 pounds. 
 Corn in the ear, per bushel 70 pounds, 
 
 after December 1st. 
 Corn in the ear, per bushel, new crop, 
 
 before December 1st, 72 pounds. 
 Corn, shelled, per bushel 56 pounds. 
 Kafir corn, per bushel 50 pounds. 
 Cotton seed, per bushel 32 pounds ; by 
 
 the ton, 2,000 pounds. 
 Cranberries, per bushel 33 pounds. 
 Cucumbers, per bushel 48 pounds. 
 Flax seed, per bushel 56 pounds. 
 Gooseberries, per bushel 40 pounds. 
 Hair, plastering, unwashed, per bushel 
 
 8 pounds. 
 Hair, plastering, washed, per bushel 4 
 
 pounds. 
 Hemp seed, per bushel 44 pounds. 
 Hickory nuts, per bushel 50 pounds. 
 Hungarian grass seed, per bushel 48 
 
 pounds. 
 Indian corn or maize, per bushel 56 
 
 pounds. 
 Lime, unslacked, per barrel 180 pounds 
 
 net. 
 Lime, hydra ted, per sack 100 pounds 
 
 net. 
 Lime, hydrated, per bag 40 pounds net. 
 Lime, agricultural, per sack 100 
 
 pounds net. 
 Lime, agricultural, per bag 50 pounds 
 
 net, 
 Milo maize, per bushel 50 pounds. 
 Millet, per bushel 50 pounds. 
 Millet, Japanese barnyard, per bushel 
 
 35 pounds. 
 Oats, per bushel 32 pounds. 
 Onions, per bushel 57 pounds. 
 Onions sets, top, per bushel 30 pounds. 
 Onion sets, bottom, per bushel 32 
 
 pounds. 
 Orchard grass seed, per bushel 14 
 
 pounds. 
 
 Parsnips, per bushel 50 pounds. 
 Peaches, per bushel 50 pounds. 
 Peaches, dried, per bushel 28 pounds. 
 Peanuts, green, per bushel 22 pounds, 
 
 Georgia or Virginia. 
 Peanuts, Spanish, per bushel 24 
 
 pounds. 
 Peanuts, roasted, per bushel 20 pounds. 
 Pears, per bushel 58 pounds. 
 Peas, dried, per bushel 60 pounds. 
 Peas, green, in pod, per bushel .32 
 
 pounds. 
 Popcorn, in ear, per bushel 70 pounds. 
 Popcorn, shelled, per bushel 56 pounds. 
 Potatoes, Irish, per bushel 60 pounds. 
 Potatoes, sweet, per bushel 50 pounds. 
 Quinces, per bushel 48 pounds. 
 Rape seed, per bushel 50 pounds. 
 Redtop seed, per bushel 14 pounds. 
 Rice bran, per sack 143 pounds. 
 Rice polish, per sack 200 pounds. 
 Rough rice, per bushel 45 pounds. 
 Rutabagas, per bushel 50 pounds. 
 Rye meal, per bushel 50 pounds. 
 Rye, per bushel 56 pounds. 
 Salt, coarse, per bushel 55 pounds. 
 Salt, fine, per bushel 50 pounds. 
 Shorts, per bushel 20 pounds ; by 100 
 
 pounds in 100-pound bags. 
 Sorghum seed, per bushel 50 pounds. 
 Sudan grass seed, No. 1, per bushel 32 
 
 pounds. 
 Sudan grass seed, No. 2, per bushel 30 
 
 pounds. 
 Sudan grass seed, No. 3, per bushel 
 
 28 pounds. 
 Spinach, per bushel 12 pounds. 
 Sweet clover seed, unhulled, per bushel 
 
 23 pounds. 3 
 Timothy seed, per bushel 45 pounds. 
 Tomatoes, per bushel 56 pounds. 
 Turnips, per bushel 55 pounds. 
 Walnuts, per bushel 50 pounds. 
 Wheat, per bushel 60 pounds. 
 
 Whenever any commodity is sold by the cord it shall mean 128 
 cubic feet, or the contents of a space eight feet long, four feet wide 
 and four feet high. Whenever anything is sold by the ton, it shall 
 mean two thousand pounds avoirdupois. 
 
 Whenever any of the following articles are sold by the cubic yard, 
 and the same are weighed, the following weights shall govern : Tor- 
 pedo sand or gravel, 3,000 pounds equal one cubic yard, and 2,500 
 pounds of bank sand equals one cubic yard. 
 
 Sec. 5735. Failure to regard unit of measure. — Whoever in buying 
 any of the articles mentioned in the preceding article shall take any 
 greater number of pounds thereof to the bushel, barrel or cubic yard, 
 or divisible, merchantable quantity of bushel, barrel, cubic yard, or 
 lineal yard, or in selling any of said articles shall give any less num- 
 ber of pounds thereof to the bushel, barrel, cubic or lineai yard than 
 
 3 The weight of sweet clover seed, unhulled, was originally given in the act of 1919 as 
 33 pounds per bushel, and It may be presumed that the change to 23 pounds per bushel 
 given above was inadvertently made. 
 
 517—27- 
 
 -51 
 
800 LAWS CONCEKNING WEIGHTS AND MEASURES 
 
 is allowed by the laws of this State, with intent to gain an advan- 
 tage thereby, shall be liable to the party injured in double the amount 
 of the property wrongfully taken, or not given. This article [sec- 
 tion] does not apply to cases where the buyer or seller is expressly 
 authorized by special contract or agreement to take more or give less 
 of such articles. 
 
 See. 5736. Contracts, how construed. — Ail contracts hereafter to be 
 executed and 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 construed to be made according to the standard 
 weight and measure ascertained as hereinbefore provided, unless 
 there is an express contract to the contrary. In making any adjust- 
 ment of weights or measures under the laws of this State, the stand- 
 ard given in this chapter shall be taken as the guide for making such 
 adjustment. 
 
 Rev. Civil Stats., 1925, Vol. 2, Title 93, ch. 3, p. 1570. 
 
 Sec. 5602 (1917). Warehouse companies; classification of products; 
 standards of quality and of weights and measures to be kept by ware- 
 house companies. — The standards of weights and measures of this 
 State shall be the standards of weights and measures used under the 
 terms and provisions of this chapter. It shall be the duty of the 
 commissioner [of markets and warehouses] to establish standards of 
 classifications of cotton, corn, and other farm and ranch products, 
 of whatever kind and character, which may be subject to classifica- 
 tion, and originals of such standards so established shall be main- 
 tained, subject to public inspection, in the office of the commissioner 
 at all reasonable times; and duplicates of such standards as well as 
 the standards of weights and measures, shall be furnished by the 
 commissioner to all persons who may apply therefor, under [upon] 
 the payment of the necessary cost thereof. It shall be the duty of 
 each public warehouse company to keep a duplicate of said standards, 
 as well as the standards of weights and measures, at its warehouse, 
 subject to inspection and comparison of grades and classification 
 by persons storing products therein: Provided, That the standards 
 of classification shall always be the standards established by the 
 Government of the United States, or of this State. 
 
 Rev. Crim. Stats., 1925, Title 14, ch. 5, p. 245. 
 
 Sec. 1035 (1919). Duty of local sealer. — Each local or deputy sealer 
 of weights and measures appointed by any city or town council or 
 commission, shall be under the supervision of the commissioner of 
 agriculture and shall be required to report to him regularly and carry 
 out all his instructions, and on failure or refusal to do so shall be fined 
 not less than ten nor more than two hundred dollars. 
 
 Sec. 1036. Removing tag of sealer. — Whoever removes or obliterates 
 any tag or device placed by any authorized sealer, deputy sealer or 
 inspector upon any weight or measure, or weighing or measuring 
 instrument, shall be fined not less than ten nor more than two hun- 
 dred dollars. 
 
 Sec. 1037. False weights and measures. — Any person, who, by himself 
 or his employee or agent, or as the employee or agent of another, 
 shall use, in the buying or selling of any commodity, or retain in his 
 possession, a false weight or measure, or weighing or measuring in- 
 
TEXAS 801 
 
 strument, or shall offer or expose for sale, or sell, except as specifi- 
 cally allowed by law, or use or retain in his possession any weight 
 or measure or weighing or measuring instrument contrary to law, 
 or any person, who, by himself, or his employee or agent, or as the 
 employee or agent of another, shall sell or offer or expose for sale, 
 or use or have in his possession for the purpose of selling or using, 
 any device or instrument to be used to, or calculated to, falsify any 
 weight or measure, shall be fined not less than ten nor more than two 
 hundred dollars. Possession of such false weights or measures or 
 instruments shall be prima facie evidence of the fact that they were 
 intended to be used in the violation of law. 
 
 Sec. 1038. Hindering sealers. — Whoever hinders or obstructs in any 
 way the commissioner of agriculture, or his deputy, inspector or 
 sealer or any local sealer, in the performance of their duties, shall be 
 fined not less than ten nor more than two hundred dollars. 
 
 Sec. 1039. Refusing to permit test of weight. — Any person neglect- 
 ing or refusing to exhibit any weight, measure, or weighing or 
 measuring instrument of any kind, or appliances and accessories con- 
 nected with any of such instruments or measures which are in his 
 possession or under his control to the commissioner, his deputy, in- 
 spector or to any local inspector or sealer, for the purpose of allow- 
 ing the same to be inspected and examined as provided for by law, 
 shall be fined not less than ten nor more than two hundred dollars. 
 
 Sec. 1040. Refusing to permit test of article. — Any person, who, by 
 himself, or his employe or agent, or as the proprietor or manager, 
 shall refuse to exhibit any article, commodity, produce or anything 
 being sold or offered for sale at a given weight or quantity, or ordi- 
 narily so sold, to the commissioner or to his deputy or to a sealer 
 or his deputy or to an inspector or local sealer, for the purpose of 
 allowing same to be tested and proved as to quantity contained 
 therein, shall be fined not less than ten nor more than two hundred 
 dollars. 
 
 Sec. 1041. Unlawfully sealing. — Any sealer, deputy sealer . inspector 
 or local sealer appointed under the provisions of law, or discharging 
 the duties of a sealer of weights and measures in this State, who shall 
 seal any weight, measure, balance or apparatus before testing and 
 making the same conform with the standards of the State or who 
 shall condemn any weight, measure, balance or apparatus without 
 first testing the same, shall be fined not less than twenty-five nor 
 more than two hundred dollars, and shall be immediately suspended 
 from office. 
 
 Sec. 1042. Failure to regard unit of measure. — Whoever in buying 
 any commodity or article of property, merchandise or produce, the 
 standard weight of which per bushel or barrel, or divisible mer- 
 chantable quantities of a bushel or barrel, or by the cord or ton or 
 cubic yard, has been fixed by the laws of this State, shall take any 
 greater number of pounds thereof to the bushel, barrel or cubic 
 yard, or divisible merchantable quantity of bushel, barrel, cubic yard 
 or lienal [lineal] yard, or in selling any of the same, shall give any 
 less number of pounds thereof to the bushel, barrel, cubic or lineal 
 yard, or divisible merchantable quantity of bushel, barrel, cubic or 
 lineal yard than is allowed by the laws of this State, with intent to 
 gain an advantage thereby, shall be fined not less than twenty nor 
 more than two hundred dollars. 
 
802 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 1043. Parties may contract.— The preceding article does not 
 apply where the buyer or seller is expressly authorized by special 
 contract or agreement to take more or give less of such article. 
 
 Sec. 1044 (1907). Receptacle containing mill product. — Any one en- 
 gaged in the manufacture of mill products of any character who shall 
 use any bag, box, barrel or any other receptacle into which to put such 
 product other than the one bearing the name of such mill manu- 
 facturing the same, shall be fined not less than one hundred nor more 
 than one thousand dollars or be confined in jail for thirty days, or 
 both. 
 
 Sec. 1045 (1917). Containers for fruit or vegetables. — Whoever shall 
 make, sell, or offer to sell containers for the shipment of fruit or vege- 
 tables, which containers are of different size or dimensions from the 
 standards of such containers established by the laws of this State, 
 shall be fined not to exceed one thousand dollars. 
 
 Sec. 1046 (1918). Inspection of fruits and vegetables. — Any grower, 
 shipper's agent, packer, or any agent, receiver or representative of any 
 common carrier or transportation company, who shall violate any pro- 
 vision of the laws of this State relating to standards of grades and 
 pack of fruit and vegetables, or who shall refuse to submit any such 
 fruit or vegetables packed or ready for shipment to inspection by 
 any inspector appointed, as authorized by law, by the commissioner 
 of agriculture and empowered by such commissioner to make such 
 inspection, shall be fined not to exceed one hundred dollars. 
 
 Sec. 1047 (1921). Public weigher. — All persons engaged in the busi- 
 ness of public weighing for hire, or any person who shall weigh or 
 measure any commodity, produce or article, and issue therefor a weight 
 certificate or weight sheet, which shall be accepted as the accurate 
 weight upon which the purchase or sale of such commodity, produce, 
 or article is based, shall be known as a public weigher, and shall com- 
 ply with the provisions of the law regulating public weighers, pro- 
 vided the provisions of this article shall not apply to any owner, 
 manager, agent or employee of any compress or any public or private 
 warehouse in their operations as a warehouseman. This law shall 
 not apply in any manner to any Texas port. 
 
 Sec. 1048 (1919). Weight certificate. — The commissioner of agricul- 
 ture shall prescribe the form of weight certificate to be used by all 
 public weighers in this State, which certificate shall be known as 
 a State certificate of weights and measures; such certificate shall 
 state thereon the kind of produce ; the number of the same, the date 
 of the receipt of the produce, the owner, agent or consignee, the 
 total weight of the produce, the vessel, railroad, or other means 
 by which the produce was received, and any trade-mark or other 
 mark thereon; and such other information as may be necesary to 
 distinguish or identify the produce from a like kind. No certificate 
 other than the one herein prescribed shall be used by any public 
 weigher in this State, and such certificate when so made and properly 
 signed, shall be prima facie evidence of such weight. 
 
 Sec. 1049. Record of weights. — All public weighers, within this 
 State, shall keep and preserve a correct and accurate record of 
 all weights made by them, which record shall be open for the 
 inspection of the commissioner of agriculture, his deputies or in- 
 spectors, and the public at any and all times. Such record shall 
 
TEXAS 
 
 803 
 
 be uniform throughout the State, and the form of such record shall 
 be prescribed by said commissioner. 
 
 Sec. 1050. Issuing false certificate. — All certificates of weights and 
 measures or weight sheets as provided for in this chapter shall 
 contain the accurate and correct weight of any and all commodities 
 weighed when issued by public weighers. Any public weigher, or 
 deputy public weigher, who shall issue any certificate of weights and 
 measures or weight sheet giving false weights or measures of any 
 article, or commodity weighed or measured by him, or his repre- 
 sentative or deputy, to any person, firm or corporation, shall be fined 
 not less than twenty-five nor more than two hundred and fifty 
 dollars, and may be imprisoned in jail for not less than thirty 
 days nor more than six months, and in addition thereto, he shall 
 be suspended from office and not permitted to continue the business 
 of public weighing any longer. 
 
 Sec. 1051. Requesting false certificate. — Whoever shall request a pub- 
 lic weigher, deputy public weigher or any person employed by him, 
 or pay to him any money, or give him anything to weigh any pro- 
 duce, commodity or article, falsely or incorrectly, or who shall re- 
 quest a false or incorrect certificate of weights or measures, or weight 
 sheet, shall be fined not less than twenty-five nor more than two 
 hundred dollars, and in addition thereto may be imprisoned in jail 
 for not less than thirty days nor more than six months. » 
 
 Sec. 1052. Weigher to comply with law. — Any person, or agent or 
 representative of any corporation, who shall engage in the business 
 of weighing for the public, or who shall grant or issue a certificate 
 or weight sheet, upon which a purchase or sale is made without com- 
 plying with the terms of the statutes regulating public weighers, 
 shall be fined not less than twenty-five nor more than two hundred 
 dollars. Each certificate so granted, or weight sheet issued by him 
 is a separate offense. 
 
 Sec. 1053. Shipping at false weight. — Whoever ships to anyone in 
 this State anything in which the weight is necessary to be given at 
 any weight other than the true weight properly certified to shall be 
 fined not less than one hundred nor more than five hundred dollars 
 and may be imprisoned in jail for not more than twelve months, or 
 both so fined and imprisoned. 
 
 Sec. 1055 (1923). Water, gas, and electric meters. — All water meters, 
 gas meters and electric meters are subject at all times to inspection of 
 the commissioner of agriculture and said commissioner either on 
 his own motion or complaint of any user of any of the above named 
 meters, shall have same inspected as to its correctness, and if found 
 incorrect to discontinue its use until corrected, so that it will register 
 correctly and whoever refuses to discontinue such meter when so 
 notified by said commissioner that it is incorrect or when so ordered 
 to discontinue such meter should fail or refuse to comply with such 
 order of said commissioner shall be, fined not less than twentj^-five 
 nor more than one hundred dollars and each day he shall fail or 
 refuse to comply with such order to discontinue same shall be a 
 separate offense. 
 
 Sec. 1057. Misreading meter. — Any person engaged in the manufac- 
 ture or sale of electricity, water, or gas for lighting, power or other 
 purposes, or any officer or employee of any person, corporation or 
 
 ■» 
 
804 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 company so engaged who shall knowingly misread any meter or 
 overcharge any customer for such light, water or gas furnished, or 
 shall cause or knowingly permit any light, water or gas meter to 
 register or show greater than the true amount of light, electricity, 
 water or gas sold or furnished any customer shall, for every such 
 offense, be fined not less than twenty-five nor more than one hun- 
 dred dollars. 
 
 Kev. Crim. Stats., 1925, Title 12, ch. 2, p. 152. 
 
 Sec. 708 (1911). Food. — * * * An article shall also be deemed 
 to be misbranded : * * * 
 
 (b) In the case of food : * * * 
 
 3. If in package form and the contents are stated in terms of 
 weight or measure, they are not plainly and correctly stated on the 
 outside of the package. 
 
 Sec. 719 (1921). Bread, size of loaves; tolerance. — Rule 5. Bread to 
 be sold by the loaf made by bakers engaged in the business of whole- 
 saling and retailing bread, shall be sold based upon any of the fol- 
 lowing standards of weight and no other, namely: a loaf weighing 
 one pound or 16 ounces, a loaf weighing 24 ounces or a pound and 
 a half, and loaves weighing two pounds or 32 ounces, and loaves 
 weighing three pounds, or some other multiple of one pound or 16 
 ounces. These shall be the standard of weight for bread to be sold 
 by the loaf. Variations, or tolerance, shall not exceed one ounce per 
 pound over or under the said standard within a period of 24 hours 
 after baking. 
 
 Rev. Civil Stats., 1925, Vol. 1, Title 28, ch. 4, p. 299. 
 
 Sec. 1015°. Power of city council; food inspection; bread. — The gov- 
 erning body shall also have power : 
 
 5. To regulate the inspection of beef, pork, flour, meal, salt and 
 other provisions ; to appoint weighers, gaugers and inspectors, and 
 to prescribe their duties and regulate their fees. 
 
 6. To regulate the weight and quality of the bread to be sold or 
 used within the city. 
 
 Rev. Crim. Stats., 1925, Vol. 1, Title 14, ch. 11, p. 261. 
 
 Sec. 1108 (1919). Measuring apparatus for petroleum to be accurate. — 
 No person, firm, association of persons, corporation or carrier, shall 
 use any scales, measure or measuring device in the handling or sale 
 of petroleum products unless the same is true and accurate accord- 
 ing to the standard of weights and measures under the laws of this 
 State, nor use any pumping device unless the same is correct accord- 
 ing to such standard at three speeds, fast, slow and medium. 
 
 Sec. 1109. Use of inaccurate devices prohibited by seal. — The inspec- 
 tor shall seal and forbid the use of any inaccurate measuring device 
 until such time as the defect is corrected. The breaking of said 
 official seal shall be prima facie evidence of a violation of this law 
 and no person, firm, association of persons, corporation or carrier 
 shall refuse to permit the inspector provided for by law to inspect 
 and seal, if deemed necessary, any such measuring device, or to 
 break the seal after being placed by such inspector. 
 
 Sec. 1110. Hindering inspector. — The director of food and drug di- 
 vision of the State board of health, his inspectors, or any person by 
 
TEXAS 
 
 805 
 
 him duly appointed for that purpose shall have in the performance 
 of their duties under this law the power to inspect any premises or 
 place where petroleum products are made, prepared, stored, trans- 
 ported, sold or offered for sale or exchange, and take samples of 
 same, and test measuring devices. It shall be unlawful for any 
 person to hinder or obstruct or refuse to permit said director, or his 
 inspector or other person by him duly authorized to perform his 
 duties in the exercise of such power. 
 
 Sec. 1111. Punishment. — Whoever violates any provision of the pre- 
 ceding articles [sections] of this chapter shall be fined not less than 
 twenty-five nor more than two hundred dollars or be imprisoned in 
 jail for not less than one month nor more than one year, or both. 
 
 Rev. Civil Stats., Vol. 1, Title 4, ch. 6, p. 36. 
 
 Sec. 109 (1917). Standard containers for fruits and vegetables. — 
 The following standards of containers for the shipment of fruits 
 and vegetables in this State are hereby established and adopted 
 as State standards : 
 
 1. Standard bushel basket: The standard bushel basket shall con- 
 tain not less than 2,150.4 cubic inches in the basket proper, regardless 
 of the manner in which the lid is made. 
 
 2. Standard four-basket crate : The basket in said crates shall hold 
 not less than three quarts dry measure, and the dimensions of such 
 baskets shall be 5 x 8 inches at the bottom, 6 x 10 inches at the top, 
 and 4 inches deep, and shall contain not less than 201.6 cubic inches. 
 The heads of the crates holding said baskets shall be 4^/ 2 inches wide 
 by 11 inches at the bottom, and 13 inches at the top in length and not 
 less than ^ of an inch thick. The veneer or boards for the bottoms, 
 sides and tops shall be not less than 4!/2, 4, and 5y 2 inches wide 
 respectively, and not less than \ of an inch thick and 22 inches long. 
 Both crates and baskets shall be made of good, substantial material, 
 sufficiently strong to withstand the ordinary strain incident to trans- 
 portation and handling. 
 
 3. Standard six-basket crate : Each basket of a six-basket crate 
 shall contain not less than 268.8 cubic inches. 
 
 4. Standard folding onion crate : The standard folding onion crate 
 shall not be less than 19% inches long, 11-& wide, and 9^| inches 
 deep, inside measurements, containing not less than 2,154.4 cubic 
 inches. 
 
 5. Standard orange box : The dimensions of the standard orange 
 box shall be 12 x 12 x 12 inches for each one-half of box, inside meas- 
 urement, and the dimensions of a one-half (or strap) box shall be 
 12 x 12 x 6 inches for each one-half box, inside measurement. 
 
 6. Standard berry box or crate : The standard quart berry box or 
 crate shall contain not less than 24 quart baskets containing 67.2 
 cubic inches each, dry measure; and the standard pint berry box 
 or crate shall hold not less than 24 pint baskets, containing not less 
 than 33.6 cubic inches, dry measure. 
 
 Sec. 110. Grades and packs established; Texas standard peach packs; 
 Texas standard packs, for oranges, for satsumas and tangerines, for 
 grapefruit. — The following " grades and packs " are hereby estab- 
 lished as State standards for the State of Texas: 
 
 (a) Standard peach grades and packs: Standard peach grades 
 are three in number ; namely, fancy, choice or No. 1, and No. 2. 
 
806 LAWS CONCERNING WEIGHTS AND MEASUBES 
 
 Fancy peaches shall be * * * carefully picked and closely 
 packed in bushel baskets or crates of four or six basket capacity. 
 
 Choice or No. 1 peaches shall be * * * carefully picked and 
 closely packed in bushel baskets or crates of four or six basket 
 capacity. * * * 
 
 The standard peach packs for six-basket crate shall be eight in 
 number; namely, 72's, 96's, 138's, 162's, 180's, 216's, 270's and 
 324's. * * * 
 
 All packages must be filled tight, in all layers from bottom to top, 
 and extend approximately 1 inch above the top rim or edge of the 
 package, whether it be a bushel basket, crate basket, or box. * * * 
 
 The standard orange packs shall be eight in number ; namely, 96's, 
 126's, 150's, l7G's, 200's, 216's, 252's, 288's. * * * 
 
 The standard satsuma and tangerine packs shall be seven in 
 number ; namely, 90's, 106's, 120's, 168's, 196's, 216's, 224's. * * * 
 
 The standard grapefruit packs shall be seven in number; namely, 
 28's, 36's, 46's, 54's, 64's, 80's, 96's. * * * 
 
 In the enforcement of the above standards of grade and pack, an 
 allowance may be made of not exceeding ten per cent difference 
 in size between the fruit on top and in the interior of the package. 
 A variation of not more than three per cent of actual count may be 
 made in the number of any kind of fruit prescribed for each par- 
 ticular pack. 
 
 Sec. 114 (al918). Beans, size of packages; Texas Bartlett pears, how 
 packed; packs defined. — * * * All beans are to be packed in 
 hamper weighing, when packed, not less than 17 pounds net weight 
 for one-half bushel hamper, and 34 not weight for one bushel. * * * 
 
 Fruit [pears] shall be tightly packed in clean standard boxes, 
 one end stamped with the grade, number of pears, name of and post 
 office of packer. 
 
 " Four tier " shall be packed in four laj'ers. Minimum pack 120 
 pears to the box. 
 
 " Five tier " shall be packed in six layers. Minimum pack 135, 
 maximum pack 180 pears to box. 
 
 " Six tier " shall be packed in six layers, containing 216 pears to 
 the box, or in five layers containing 195 or 210 to the box, but will be 
 considered " six tier." * * * 
 
 Sec. 116 (al919). Allowance for shrinkage and dirt on potatoes. — 
 * * * Three per centum by weight shall be allowed on all Texas 
 grown new potatoes, for natural shrinkage. In instance where 
 dirt adheres to the potatoes a fair and reasonable estimate by weight, 
 of such dirt, shall be made and deducted from the gross weight of 
 the potatoes and dirt, which estimate may be made by removing and 
 weighing the dirt from three or more samples of not less than fifty 
 pounds each, that, when taken together, represents the average con- 
 ditions of the potatoes. 
 
 All potato containers must have some mark or brand showing the 
 name and post-office address of the grower or shipper. 
 
 ******* 
 
 Terms defined : " Diameter " means the greatest dimensions at 
 right angles to the longitudinal axis. 
 
 Sec. 118 (1917). Enforcement of act and promulgation of rules and 
 regulations. — The commissioner of agriculture is hereby authorized 
 
TEXAS 807 
 
 and empowered to enforce each provision of this chapter, and he 
 shall promulgate and publish all necessary rules and regulations for 
 the enforcement of this law, and such other information as will aid 
 fruit and truck growers and the manufacturers of containers in com- 
 plying with the provisions of this chapter. 
 
 Laws, 1925, ch. 90, p. 264. 
 
 Sec. 1. Public weigher; office created in certain counties. — That in and 
 for all counties in this State having a population, according to the 
 United States census of 1920, of not less than 25,600 people and not 
 more than 25,700 people, there is created the office of public weigher, 
 whose official headquarters shall be at the county seat of such county 
 and who shall discharge and perform at the county seat only, all the 
 duties required by law of any public weigher, and whose qualifica- 
 tions shall be the same as required by law of public weighers elected 
 in precincts, and who shall appoint a sufficient number of deputies 
 to enable him to discharge his duties. 
 
 Sec. 2. Bond; oath. — Such public weigher shall take the oath re- 
 quired by the constitution of public officers, and shall give a bond 
 in the sum of $2,500.00, payable, conditioned and to be approved 
 as required in cases of bonds of precinct public weighers, and shall 
 procure a like certificate of authority from the commissioner of 
 markets and warehouse. The deputies of such public weigher shall 
 take such oath and give bond in like manner, which bond, however, 
 shall in the case of such deputies be in the sum of $1,000.00. 
 
 Sec. 3. Appointment and term of office. — At the first regular term of 
 the commissioners' court of such counties, following the passage of 
 this act, such commissioners' court shall appoint a public weigher 
 for its county, who shall serve until the next general election when 
 his successor shall be elected. 
 
 Sec. 4. This act shall not be construed to suspend the operation of 
 the present law, providing for the election of precinct public 
 weighers, in the counties effected [affected] by this law. 
 
 Laws, 1925, ch. 91, p. 265. 
 
 Sec. 1. That in and for all counties in this State having a popula- 
 tion according to the United States census of 1920 not less than 
 55,700 and not more than 55,800 people, there is created the office 
 of public weigher to be filled by two officers of equal rank, whose 
 official headquarters shall be in the county seat of such county and 
 who shall discharge and perform at the county seat only, all the 
 duties required by law of any public weigher and whose qualifier! • 
 tions shall be the same as required by law of public weighers elected 
 in precincts, and who shall appoint a sufficient number of deputies 
 to enable them to discharge their duties. 
 
 Sec. 2. Bond; oath. — Each of said public weighers shall take the 
 oath required by the constitution of public weighers and give a bond 
 in the sum of $2,500, payable, conditioned and to be approved as 
 required in cases of bonds of precinct public weighers, and shall 
 procure a like certificate of authority from the commissioner of 
 markets and warehouses. 
 
 Sec. 3. Appointment and term of office. — Such public weighers shall 
 be elected by popular vote of the entire county as other county offi- 
 
808 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 cers. One of said weighers shall fill a place called place No. 1 and 
 the other shall fill the place called place No. 2. 
 
 Sec. 4. This act shall not be construed to suspend the operations 
 of the present law, providing for the election of precinct public 
 weighers, in the counties affected by this law except precinct in which 
 the county seat is located, and it shall not disturb the present public 
 weighers but shall take effect December 1, 1926. 
 
 Rev. Civil Stats., 1925, Vol. 2, Title 93, ch. 6, p. 1598. 
 
 Sec. 5680 (1919). "Public weigher" defined. — Any person engaged 
 in the business of public weighing for hire, or any person, who shall 
 weigh or measure any commodity, produce or article, and issue 
 therefor a weight certificate or weight sheet, which shall be accepted 
 as the accurate weight upon which the purchase or sale of such com- 
 modity, produce or article is based, shall be known as a public 
 weigher, and shall comply with the provisions of this chapter. The 
 provisions of this article shall not apply to the owners, managers, 
 agents or employees of any compress or any public warehouse in 
 their operation as a warehouseman. This exemption shall not apply 
 in any manner to any Texas port. 
 
 Sec. 5681 (al919). Appointment. — The governor is authorized and 
 required to appoint five persons as public weighers in every city 
 which receives annually one hundred thousand bales of cotton on 
 sale or for shipment. In all cities and towns which receive as much 
 as fifty thousand bales of cotton, twenty-five thousand tons of cotton 
 seed; one hundred thousand bushels of grain or rice, one hundred 
 thousand pounds of wool; five thousand barrels of sugar, or any 
 other commodity in large quantities, it shall be lawful for the gov- 
 ernor to appoint a sufficient number of public weighers for such city 
 or town to carefully and accurately weigh all produce tendered for 
 the purpose of weighing for shipment. 
 
 Sec. 5682 (1919). Recommendation for appointment. — No man shall 
 be appointed as such weigher unless he shall receive the indorsement 
 of the senator and a majority of the representatives from the sena- 
 torial district where such appointee would hold such office. 
 
 Sec. 5683. Election. — In all counties in which there are no city or 
 cities in which the governor is authorized to appoint public weighers, 
 there shall be elected at each general election a public weigher for 
 each justice precinct in the manner and form governing the election 
 of other precinct officers. The commissioners court at the regular 
 February term preceding the election may unite two or more justice 
 precincts for the purpose of electing such public weighers. 
 
 Sec. 5683a. Office in counties not less than 25,600 population. — In and 
 for all counties in this State having a population, according to the 
 United States census of 1920, of not less than 25,600 people and not 
 more than 25,700 people, there is created the office of public weigher, 
 whose official headquarters shall be at the seat of such county and 
 who shall discharge and perform at the county seat only, all the 
 duties required by law of any public weigher, and whose qualifica- 
 tions shall be the same as required by law of public weighers elected 
 in precincts, and who shall appoint a sufficient number of deputies 
 to enable him to discharge his duties. 
 
TEXAS 809 
 
 (2) Such public weigher shall take the oath required by the con- 
 stitution of public officers, and shall give a bond in the sum of 
 $2,500.00, payable, conditioned and to be approved as required in 
 cases of bonds of precinct public weighers, and shall procure a 
 like certificate of authority from the commissioner of markets and 
 warehouses. The deputies of such public weigher shall take such 
 oath and give bond in like manner, which bond, however, shall in the 
 case of such deputies be in the sum of $1,000.00. 
 
 (3) At the first regular term of the commissioners' court of such 
 counties, following the passage of this act, such commissioners' court 
 shall appoint a public weigher for its county, who shall serve until 
 the next general election when his successor shall be elected. 
 
 (4) This act shall not be construed to suspend the operation of the 
 present law, providing for the election of precinct public weighers, 
 in the counties effected [affected] by this law. 
 
 Sec. 5683b. Office in counties having not less than 55,700 population. — 
 In and for all counties in this State having a population accord- 
 ing to the United States census of 1920 not less than 55,700 and 
 not more than 55,800 people, there is created the office of public 
 weigher to be filled by two officers of equal rank, whose official 
 headquarters shall be in the county seat of such county and who 
 shall discharge and perform at the county seat only, all the duties 
 required by law of any public weigher and whose qualifications shall 
 be the same as required by law of public weighers elected in precincts, 
 and who shall appoint a sufficient number of deputies to enable 
 them to discharge their duties. 
 
 (2) Each of said public weighers shall take the oath required 
 by the constitution of public weighers and give a bond in the sum 
 of $2,500, payable, conditioned and to be approved as required in 
 cases of bonds of precinct public weighers, and shall procure a 
 like certificate of authority from the commissioner of markets and 
 warehouses. 
 
 (3) Such public weighers shall be elected by popular vote of the 
 entire county as other county officers. One of said weighers shall 
 fill a place called place No. 1 and the other shall fill the place called 
 place No. 2. 
 
 (4) This act shall not be construed to suspend the operations 
 of the present law, providing for the election of precinct public 
 weighers, in the counties affected by this law except precinct in which 
 the county seat is located, and it shall not disturb the present public 
 weighers but shall take effect December 1, 1926. 
 
 Sec. 5684. Qualifications of weigher. — No person shall be appointed 
 or elected public weigher unless he is a qualified voter in the city or 
 precinct for which he is appointed or elected and is of a good moral 
 character and unquestioned integrity. He shall have a fair education 
 and be able to keep an accurate set of books as required by this law. 
 No person shall be appointed or elected public weigher, or deputy 
 public weigher who is interested in the buying or sale of cotton, wool, 
 sugar or grain to be weighed, either as principal, agent, factor, 
 commission merchant or employee. 
 
 Sec. 5685. Term and removal. — All public weighers appointed by the 
 governor or elected for any precinct shall hold their office for the 
 term of two years. 
 
810 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 5686. Abolishing elective office. — When the people of any sub- 
 division of a county that has an elective weigher may wish to abolish 
 said office of public weigher, the commissioners court of said county 
 shall, upon petition to abolish said office signed by qualified voters 
 at least one-third in number of the whole vote cast for governor at 
 the last preceding election in the weigher's precinct, order an elec- 
 tion to decide whether such office of public weigher of the subdivision 
 named in the petition, shall be abolished or not. Said election shall 
 be held in the same manner as other elections. If a majority of the 
 votes of the subdivision of the county ordering said election shall 
 be cast in favor of abolishing any office of public weigher, the com- 
 missioners court shall declare such office to be abolished within thirty 
 days after the election; and another election for this purpose shall 
 not be held for two years. 
 
 Sec. 5687. Bond of appointed weigher. — Every public weigher ap- 
 pointed by the governor, shall file a bond payable to the State of 
 Texas in the sum of five thousand dollars, conditioned that he will 
 accurately weigh, or measure all produce tendered to him for weigh- 
 ing or measuring, and that all certificates of weights issued by him 
 shall represent a true and accurate weight of the produce so weighed 
 and that he will comply with the laws governing public weighers, 
 and that he will not permit any one to molest, mutilate or destroy 
 any article, produce or commodity while in his possession. Such 
 bond shall not be void on first recovery, but may be sued on by any 
 person injured by such public weigher. All bonds given by such 
 public weighers or their deputies shall be subject to approval by the 
 commissioner of markets and warehouses. 4 
 
 Sec. 5688 (1903). Bond of elective weigher. — Each public weigher 
 elected for a precinct shall execute a bond payable to the county 
 judge in the sum of five thousand dollars to be approved by the 
 commissioners court, conditioned upon the faithful and impartial 
 performance of the duties of his office. The bond of a weigher for 
 a precinct where not over five thousand bales of cotton are received 
 for sale or shipment shall be two thousand five hundred dollars. 
 
 Sec. 5689. Filing bond and oath of office. — Each public weigher, 
 whether elected or appointed, before entering upon his duties as such, 
 shall take and subscribe to the official oath and file said oath and his 
 bond with the county clerk of the county in which he resides. 
 
 Sec. 5690 (1919). Certificate of authority. — All public weighers or 
 deputy public weighers, appointed or elected shall obtain from the 
 commissioner of markets and warehouses 5 a certificate of authority 
 to carry on the business of public weigher or deputy public weigher 
 within the city, town, precinct or shipping point for which he was 
 elected or appointed. 
 
 Sec. 5691 (1921). Deputy weighers. — Each public weigher, appointed 
 or elected, shall have the right, and it shall be his duty to appoint 
 a sufficient number of deputies in each precinct, to weigh all produce 
 tendered for the purpose of weighing, at any and all points within 
 such precinct. He shall require of each of said deputies to file a bond 
 in the penal sum of one thousand dollars, under the same terms and 
 
 4 The office of commissioner of markets and warehouses was abolished and the duties 
 vested in the commissioner of agriculture by Laws, 1925, ch. 13. 
 B See note, p. 791. 
 
TEXAS 811 
 
 conditions as the bond which he filed with the commissioners court 
 of the county in which he resides, before he shall be permitted to 
 engage in the business of deput}' public weigher; such bond so filed, 
 shall be payable to the State of Texas, and shall be subject to the 
 approval of the commissioners court of the county in which he re- 
 sides, and certified to the commissioner of markets and warehouses, 
 before such deputy public weigher shall be entitled to engage in 
 the business of public weighing. Such public weigher shall have the 
 right to appoint a sufficient number of deputies to serve at will of 
 the public weigher, to aid him in weighing or measuring any com- 
 modity that is tendered to him for weighing. 
 
 Sec. 5692. Special weighers. — In all counties of this State in which 
 there are two or more cities, towns or shipping points that receive 
 as much as fifty thousand bales of cotton, or twenty-five tons 
 of cotton seed, or one hundred thousand bushels of grain, or two 
 hundred thousand bushels of rice, or one hundred thousand pounds of 
 wool, or five thousand barrels of sugar, or any other commodity in 
 large quantities, it shall be lawful for the governor to appoint a 
 sufficient number of weighers for such county to carefully and ac- 
 curately weigh all commodities tendered for the purpose of weighing 
 for shipment, sale or purchase. This article shall not apply to Gal- 
 veston and Neuces Counties. All such appointments shall be made 
 by the governor on the recommendation of the senator from whose 
 senatorial district such appointment is made, together with a ma- 
 jority of the representatives in the legislature from such senatorial 
 district. No man shall be appointed unless he shall receive the en- 
 dorsement of the senator and a majority of the representatives from 
 such district. Every public weigher so appointed shall file a bond 
 payable to the State of Texas, in the sum of five thousand dollars, 
 conditioned that he will accurately weigh, or measure, all commodi- 
 ties tendered to him in said county for weighing or measuring, and 
 that all certificates of weight issued by him shall represent a true 
 and accurate weight of such produce so weighed, and otherwise com- 
 plying with the law governing the conditions of bonds required of 
 public weighers. Such bond so given shall not be void upon first 
 recovery but may be sued on successively by any and all persons who 
 are injured by such public weigher. Such public weigher shall have 
 the right to appoint a sufficient number of deputies to aid him in 
 weighing or measuring any commodity that is tendered to him for 
 weighing. All bonds given by such public weighers or their deputies 
 shall be subject to the approval of the commissioner of markets and 
 warehouses, and all bonds and oaths of such public weighers or their 
 deputies shall be filed with said commissioner. 
 
 Sec. 5693 (1919). Must comply with law. — No one shall be allowed 
 to pursue the business of weighing for the public or grant a certifi- 
 cate or weight sheet upon which a purchase or sale is made unless 
 he comply with the provisions of this chapter. 
 
 Sec. 5694 (1917). Commissioner to supervise. — All public weighers in 
 this State as provided for in this chapter, shall be under the supervi- 
 sion of the commissioner of markets and warehouses 6 and all weights 
 made by them shall be subject to his approval. In any case where 
 any discrepancy arises as to weights or measures of cotton or other 
 
 • See note, p. 791. 
 
812 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 farm products, made between public weighers in different sections 
 of this State, or between public and private weighers, the difference 
 shall be subject to review by the commissioner; and any party who 
 may be dissatisfied with the weights or measures of any public or 
 private weigher, may appeal to the commissioner, and have such cot- 
 ton or other farm products re-weighed or re-measured, for the pur- 
 pose of ascertaining and deciding the correct weight and measure 
 thereof. The scales of all public and private weighers weighing 
 cotton and other products shall at all reasonable times be subject to 
 inspection by the commissioner, or his duly authorized representa- 
 tive. Compliance with this article shall be absolute prerequisite to 
 the right to institute and maintain any action concerning the subject 
 matter hereof, in any court of this State. The authority herein con- 
 ferred upon the commissioner, to review the weights, shall not be con- 
 strued as in any manner affecting the selection of public weighers 
 or of fixing the charge to the public of such public weighers. 
 
 Sec. 5695. Duty of commissioner. — The commissioner of markets 
 and warehouses 7 shall issue a certificate of authority to all persons 
 engaged in the business of weighing for the public; carefully and 
 accurately test all scales, weights, beams and measures, used by such 
 public weighers at least once every twelve months, and charge such 
 public weigher a fee of five dollars for such inspection, which fee 
 shall be paid, by the commissioner into the State treasury; such 
 inspection fee to be collected at the time of the certificate of authority 
 is issued to any public weigher or deputy public weigher in this State, 
 and such fee shall be collected annually thereafter from all persons 
 engaged in the business of public weigher. 
 
 Sec. 5696. Weight certificates. — The commissioner shall prescribe 
 the form of weight certificate to be used by all public weighers in 
 this State, which certificate shall be known as a State certificate of 
 weights and measures. Such certificate shall state thereon the kind 
 of produce; the number of same, the date of the receipt of the 
 produce, the owner, agent, or consignee, the total weight of the 
 produce, the vessel, railroad, or other means by which the produce 
 was received, and any trade or other mark thereon ; and such other 
 information as may be necessary to distinguish or identify the pro- 
 duce from a like kind. No certificate other than the one herein 
 prescribed shall be used by any public weigher in this State, and 
 such certificate when so made and properly signed, shall be prima 
 facie evidence of such weight. All certificates of weights and meas- 
 ures or weight sheets as provided for in this chapter shall contain 
 the accurate and correct weight of any and all commodities weighed 
 when issued by public weighers. 
 
 Sec. 5697. Seal. — Every public weigher in this State shall provide 
 himself with a seal, consisting of a star of five points, and shall have 
 inscribed on the outer margin thereof the words, " Public weigher, 
 
 Precinct No. , County, Texas," or " Public weigher, 
 
 city, Texas," which seal shall be impressed upon each weight certifi- 
 cate issued by such public weigher, or deputy public weigher, on all 
 weight sheets made out by them. 
 
 Sec. 5698. Record of weights. — All public weighers shall keep and 
 preserve in a well-bound book a correct and accurate record of all 
 
 7 See note, p. 791. 
 
TEXAS 813 
 
 weights by them, as provided in this chapter, which record shall at 
 all times be open for inspection to the public and to the commissioner 
 of markets and warehouses, his deputies or inspectors. Such record 
 shall be uniform throughout the State, and the form of such record 
 shall be prescribed by the commissioner. 
 
 Sec. 5699. Piled or stored separately. — All amounts, lots, or ship- 
 ments or consignments of produce, after having been weighed, shall 
 be piled or stored separately as nearly as can be, in order that 
 amounts, lots, shipments or consignments, may be distinguished from 
 other lots, shipments, or consignments of like kind. 
 
 Sec. 5700. To tag or mark article. — All public weighers in weighing 
 any commodity, produce, or article, shall immediately tag or mark 
 such commodity, produce or article that has been weighed by him so 
 as to distinguish same from that which has not been weighed. 
 
 Sec. 5701. Reweighing. — When any doubt or difference arises as to 
 the correctness of the net or gross weight of any amount, or a part 
 of a commodity, produce or article, for which a certificate of weight 
 or measure has been issued, as provided in this State, by the public 
 weigher, the owner, agent or consignee, may, upon complaint to the 
 commissioner of markets and warehouses, 8 have said amount, or part 
 of any commodity, produce or article reweighed by the commissioner, 
 or his deputy, or by a public weigher designated by the commissioner 
 by depositing with the commissioner sufficient money to defray the 
 cost of reweighing such article or commodity. If on reweighing, it 
 is discovered that fraud or carelessness, or any faulty weighing ap- 
 paratus was the cause of a discrepancy in weights, the cost of re- 
 weighing shall, in all instances, be borne by the public weigher who 
 issued the weight sheet or weight certificate. 
 
 Sec. 5702. Suspension or dismissal. — Whenever any public weigher, 
 or deputy public weigher appointed or elected under the pi*ovisions 
 of this chapter shall be guilty of malfeasance in office, or who is 
 grossly incompetent in the performance of his duties, he shall be 
 subject to suspension or dismissal from office by the commissioners 
 court of the county in which he resides, or by the governor, should he 
 be appointed by the governor. In all cases it shall be the duty of the 
 commissioner of markets and warehouses, 8 to file with the commis- 
 sioners court or the governor the specific charges alleging mal- 
 feasance, misfeasance, dishonesty or incompetency or other cause. 
 Such case may be set down for hearing not less than ten nor more 
 than thirty days from the filing of such charges. The accused shall 
 be furnished a copy of such charges and be notified of the date set 
 for hearing of his case. He shall have the right to be represented by 
 an attorney, to introduce evidence in his own behalf, and to have 
 compulsory process for witnesses and the production of records. If 
 he is found guilty, the commissioners court or governor shall immedi- 
 ately discharge him as a public weigher : Provided, He may have the 
 right of appeal to the district court of his county or to the district 
 court of Travis County. 
 
 Sec. 5703. Factor or commission merchant. — It shall not be lawful 
 for any factor, commission merchant, or other person or persons, to 
 employ any other than a public weigher, or his deputies to weigh 
 
 8 See note, p. 791. 
 
814 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 cotton, wool, sugar, hay, or grain, or other produce, sold or offered 
 for sale in any city or justice precinct having a public weigher duly 
 qualified. Whoever violates any provision of this article shall be 
 liable at the suit of the public weigher to damages in any sum not 
 less than five dollars for each bale of cotton, bale or sack of wool, 
 ton of hay, or ton of grain, so unlawfully weighed. 
 
 Sec. 5704 (1905). Owner may weigh, etc. — Nothing in this chapter 
 shall prevent any person, firm or corporation from weighing his own 
 cotton, wool, sugar, hay, grain or pecans in person. In places where 
 there are no public weighers appointed or elected, any person who 
 shall weigh cotton, wool, sugar, grain, hay, or pecans for compensa- 
 tion shall be required before weighing such produce to enter into a 
 bond for twenty-five hundred dollars approved and payable as in 
 case of public weighers referred to in this chapter, and conditioned 
 that he will faithfully perform the duties of his office and turn over 
 all property weighed by him on demand of the owner. This article 
 shall not apply to merchant flouring mills. 
 
 Rev. Civil Stats., 1925, Vol. 2, Title 86, ch. 2, p. 1476. 
 
 Sec. 5295 (1873). Surveyors to establish true meridian, etc. — Each 
 surveyor shall, in some convenient place at the county seat, establish 
 a true meridian by a substantial monument, to be erected at the 
 expense of the county ; and shall adjust to the said meridian all com- 
 passes or other such instruments before being used; and shall keep 
 in his office a standard chain of the true measurement of ten varas, to 
 which all of his chains shall be adjusted before being used. All sur- 
 veyors shall be responsible to parties interested for any cost that may 
 accrue in rectifying any errors that may occur in their work by 
 reason of neglect or failure to comply with the requirements of this 
 article. 
 
 Rev. Crim. Stats., 1925, Title 13, ch. 6, p. 195. 
 
 Sec. 937 (al919). Oysters; barrel and box; dimensions of box; number 
 of gallons of shucked oysters to barrel. — There is hereby levied a tax 
 of not less than one-fifth of one per cent per pound on all fish 
 and shrimp taken and sold or offered for sale in this State, and 
 not less than two cents a barrel on all oysters sold or offered for 
 sale * * *. For all purposes mentioned in this chapter a barrel 
 of oysters shall be deemed to consist of three boxes of oysters in the 
 shell, said boxes to be ten inches wide by twenty inches long and 
 thirteen and one-half inches in depth. In filling such boxes for 
 measurement, such oysters shall be placed so as not to fill such box 
 more than two and one-half inches in the center above the height of 
 the box. Two gallons of shucked oysters without their shells shall 
 be deemed equal to one barrel of oysters in the shell. * * * 
 
 Sec. 938. Using unlawful measurement for oysters. — Whoever shall 
 use any measurement other than that established in article 937 for 
 the measurement of oysters in the purchase and sale of oysters, 
 shall be fined not less than ten and not more than twenty -five dollars, 
 and any person who shall fill the measuring box, in the buying and 
 selling of oysters, higher than two and one-half inches in the 
 center of such box, shall be fined not less than ten nor more than 
 Iwenty-five dollars. 
 
TEXAS 815 
 
 Rev. Crim. Stats., 1925, Title 17, ch. 13, p. 326. 
 
 Sec. 1489 (1905). Feeding stuffs, how marked. — Every lot or parcel 
 of feeding stuffs, used for feeding farm live stock, sold, offered or 
 exposed for sale in this State, for use within the State, shall have 
 attached a tag described in article 1492, carrying a plainly printed 
 statement clearly and truly certifying the number of net pounds 
 of feeding stuff in the package. * * * 
 
 Rev. Civ. Stats., 1925, Vol. 1, Title 60, p. 1036. 
 
 Sec. 3881°. Weights of feeding stuffs. — Feeding stuff shall have the 
 following standard net weights per sack or container : One hundred 
 pounds, or the following fractions thereof, three-fourths, one-half, 
 one-fourth, one-sixth, one-eighth, one-tenth, one-twelfth, one-six- 
 teenth, and one-twentieth; and rice bran may also be sold in sacks 
 of one hundred and forty-three pounds. No tax tags shall be issued 
 for any feeding stuff which does not conform to the weights herein 
 prescribed. 
 
 Rev. Civil Stats., 1925, Vol. 1, Title 4, ch. 5, p. 29. 
 
 Sec. 94 (1911). Net weight to be stamped on fertilizers. — All corpora- 
 tions, firms, or persons, before selling or offering for sale any com- 
 mercial fertilizer for use within this State, shall brand or attach to 
 each bag, barrel or package a plainly printed statement, showing the 
 brand or name of said fertilizer, the net weight of the contents of the 
 package, the name and address of the corporation, firm or person 
 registering said fertilizer * * *. All branding or labeling must 
 be durable and legible, and so placed and arranged as to be easily read. 
 
 Sec. 106. Weight of bags or packages; weight, how ascertained; pen- 
 alty for failure to make good deficiency, etc. — All fertilizers or fer- 
 tilizing materials sold or offered for sale for use within this State 
 shall be in bags or packages of one hundred pounds net weight, 
 except as provided in the preceding article [sec. 105]. 9 The weight 
 of fertilizers shall be ascertained by the inspectors of the State 
 chemist before drawing a sample, or by the purchaser within ten 
 days of delivery to him, in the presence of at least two disinterested 
 witnesses, one chosen by the purchaser and the other by the manu- 
 facturer, and the purchaser shall within five days notify the manu- 
 facturer to make good the deficiency. Upon failure of the manu- 
 facturer to do so within twenty days thereafter he shall be liable to 
 a penalty of three dollars for each sack, barrel or package, which 
 immediately attaches and becomes recoverable by the State, one-half 
 of the penalty so received to be paid to the purchaser in case of a 
 sale. If any such manufacturer shall refuse, decline or neglect to 
 be present or to choose a witness within six days as herein provided 
 after having been notified or requested in writing by the purchaser 
 so to do, then he shall have forfeited his right to do so and the pur- 
 chaser may select two witnesses who shall select a third, and the 
 three shall proceed to ascertain said weight. 
 
 Rev. Civil Stats., 1925, Vol. 2, Title 128, ch. 1, p. 2170. 
 
 Sec. 7538 (1917). Measurement of flowing water. — A cubic foot of 
 water per second of time shall be the standard unit for the measure- 
 
 • Sec. 105 refers to sale of fertilizer in bulk. 
 517—27 52 
 
816 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ment of flowing water for the purpose of distributing water for 
 beneficial uses. 
 
 Sec. 7539. Standard unit. — The standard unit for volume of static 
 water shall be the acre-foot. 
 
 Sec. 7540. Quantity of water. — A cubic foot per second of time is the 
 quantity of water that will pass through an area of one square foot 
 in one second, when flowing at an average velocity of one foot per 
 second. 
 
 Sec. 7541. Acre-foot defined. — An acre-foot is the quantity of water 
 required to cover one acre one foot deep. 
 
 Rev. Civil Stats., 1925, Vol. 2, Title 95, Div. 2, p. 1669. 
 
 Sec. 5912 (1907). Coal scales. — The owner or operator of every coal 
 mine shall provide adequate and accurate scales for weighing coal; 
 the mine inspector shall examine such scales, and if same are not 
 found to be accurate, he shall notify the owner to repair same; and 
 if such owner fails or refuses to repair same within a reasonable 
 time, said inspector shall institute proceedings under the law against 
 the proper parties. 
 
 Sec. 5913, Checkweighman. — The employees in any mine shall have 
 the right to employ a checkweighmen [checkweighman] at their own 
 option and their own expense. 
 
UTAH 
 
 Comp. Laws, 1917, Title 115, p. 1215. 
 
 Sec. 6276 (1915). TJ. S. standard adopted. — The weights and measures 
 received from the United States under a resolution of Congress 
 approved June 14th, 1836, and such new weights and measures as 
 shall be received from the United States as standard weights and 
 measures in addition thereto or in renewal thereof, and such as shall 
 be supplied by the State in conformity therewith, and certified by 
 the National Bureau of Standards, shall be the State standards of 
 weights and measures. 
 
 Sec. 6277. Office and working standards; verification; use. — In addi- 
 tion to the State standards of weights and measures, provided for 
 above, there shall be supplied by the State at least one complete set 
 of copies of these, to be kept at all times in the office of the State 
 superintendent, and to be known as office standards ; and such other 
 weights, measures and apparatus as may be found necessary to carry 
 out the provisions of this title, to be known as working standards. 
 Such weights, measures, and apparatus shall be verified by the State 
 superintendent, or his deputy or inspector, at his discretion, upon 
 their initial receipt, and at least once in each year thereafter, the 
 office standards by direct comparison with the State standards, the 
 working standards by comparison with the office standards. When 
 found accurate upon these tests the office and working standards 
 shall be certified to by the superintendent. The office standards shall 
 be used in making all comparisons of weights, measures, and weigh- 
 ing or measuring devices submitted for test in the office of the super- 
 intendent, and the State standards shall be used only in verifying the 
 office standards and for scientific purposes. 
 
 Sec. 6278, as amended by Laws, 1921, ch. 142, p. 387. State superin- 
 tendent of weights and measures; deputy and inspectors. — The State 
 commissioner of agriculture shall be ex officio superintendent of 
 weights and measures. There shall be a deputy superintendent of 
 weights and measures and inspectors of weights and measures, the 
 deputy and inspectors to be appointed by the superintendent. The 
 superintendent of weights and measures shall be allowed, for salaries 
 for the deputy superintendent of weights and measures, inspectors 
 of weights and measures, clerical services, traveling and contingent 
 expenses for himself, his deputy, and inspectors, such sums as shall 
 be appropriated by the legislature. 
 
 Sec. 6279 (1915). Superintendent and deputy to give bonds; terms. — 
 The State superintendent of weights and measures shall forthwith, 
 on his appointment, give a bond in the penal sum of $2,000, with 
 sureties to be approved by the secretary of state, for the faithful 
 performance of the duties of his office and for the safe keeping of 
 the standards entrusted to his care, and for the surrender thereof 
 immediately to his successor in office or to the person appointed by 
 
 817 
 
818 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the governor to receive them. The deputy superintendent of weights 
 and measures, and each inspector of weights and measures shall 
 forthwith, upon his appointment, give a bond in the penal sum of 
 $1,000, with sureties to be approved by the secretary of state, for the 
 faithful performance of the duties of his office and for the safe 
 keeping of any apparatus entrusted to his care. 
 
 Sec. 6280. Custody and care of standards; duty of superintendent; 
 report. — The superintendent of weights and measures shall take 
 charge of the standards adopted by this title as the standards of the 
 State, and cause them to be kept in a fireproof building belonging 
 to the State (or in a safe and suitable place in the office of the super- 
 intendent) , from which they shall not be removed except for repairs 
 or for certification, and he shall take all other necessary precautions 
 for their safe-keeping. He shall maintain the State standards in 
 good order, and shall submit them at least once in ten years to the 
 National Bureau of Standards for certification. He shall keep a 
 complete record of the standards, balances, and other apparatus be- 
 longing to the State, and take a receipt for same from his successor 
 in office. He shall biennially, on the 15th day of December, make 
 to the governor a report of all work done by his office. 
 
 Sec. 6281. Tests of city standards; biennial inspections. — The super- 
 intendent of weights and measures, or his deputy or inspectors at 
 his discretion, shall, at least once in five years, try and prove by the 
 office standards all standard weights, measures, and other apparatus 
 which may belong to any city required to appoint a sealer and pur- 
 chase and keep standards of weights and measures by the provisions 
 of this title, and shall certify to such when found to be accurate. 
 The State superintendent, or his deputy or inspectors at his di- 
 rection, shall, at least once in two years, visit- these cities for the 
 purpose of inspecting the work of the local sealers, and in the per- 
 formance of such duties they may inspect the weights, measures, 
 balances, or any other weighing or measuring device of any citizen, 
 firm, or corporation, and shall have the same powers as the local 
 sealer of weights and measures. The superintendent shall issue from 
 time to time regulations for the guidance of city sealers, and the said 
 regulations shall govern the procedure to be followed by the afore- 
 said officers in the discharge of their duties. 
 
 Sec. 6282. General supervision; inspection at State institutions. — The 
 State superintendent of weights and measures shall have and keep a 
 general supervision of the weights and measures, and weighing or 
 measuring devices offered for sale, sold, or in use in the State. He, 
 or his deputy or inspectors, at his direction, shall, at least once an- 
 nually, test all scales, weights, and measures used in checking the 
 receipts or disbursements of supplies in every institution for the 
 maintenance of which moneys are appropriated by the legislature, 
 and he shall report in writing his findings to the supervisory board 
 and to the executive officer of the institution concerned, and, at the 
 request of such board or executive officer, the superintendent of 
 weights and measures shall appoint in writing one or more employes 
 then in actual service of the institution, who shall act as special 
 deputies without extra compensation, for the purpose of checking 
 the receipts or disbursements. 
 
UTAH 819 
 
 Sec. 6283. General powers and duties of superintendent; annual inspec- 
 tions. — When not otherwise provided by law, the State superintendent 
 shall have the power, and it shall be his duty in those parts of the 
 State in which a city sealer is not required to be appointed by the 
 provisions of this title, to inspect, test, try, and ascertain if they are 
 correct, all weights, measures and weighing or measuring devices 
 kept, offered, or exposed for sale, sold, or used or employed by any 
 proprietor, agent, lessee, or employee, in proving the size, quantity, 
 extent, area, or measurement of quantities, things, produce or ar- 
 ticles for distribution or consumption, purchased or offered or sub- 
 mitted 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 meas- 
 ure and inspect packages or amounts of commodities of whatsoever 
 kind kept for the purpose of sale, offered for sale, or sold in a manner 
 in accordance with law. He shall, at least once each year and as 
 much oftener as he may deem necessary, see that all weights, meas- 
 ures, and weighing or measuring devices used are correct. He may, 
 for the purpose above mentioned, and in the general performance of 
 his official duties, enter and go into or upon, and without formal 
 warrant, any stand, place, building, or premises, or stop any dealer 
 whatsoever, and require him, if necessary, to proceed to some place 
 which the State superintendent may specify, for the purpose of 
 making the proper tests. Whenever the State superintendent finds 
 a violation of the statutes relating to weights and measures, he shall 
 cause the violator to be prosecuted. 
 
 Sec. 6284. Correct standards to be sealed. — Whenever the State super- 
 intendent compares weights, measures, or weighing or measuring in- 
 struments and finds that they correspond, or causes them to corre- 
 spond with the standards in his possession, he shall seal or mark 
 such weights, measures, or weighing or measuring instruments with 
 appropriate devices. 
 
 Sec. 6285. Incorrect standards to be condemned; may be confiscated, 
 when. — The State superintendent shall condemn and seize and may 
 destroy incorrect weights, measures, or weighing or measuring de- 
 vices which in his best judgment are not susceptible of satisfactory 
 repair; but such as are incorrect and yet may be repaired, he shall 
 mark or tag as " condemned for repairs." The owner or user of any 
 weights, measures, or weighing or measuring devices of which such 
 disposition is made shall have the same repaired or corrected. within 
 ten days except upon satisfactory showing the superintendent may 
 extend such time, and they may neither use nor dispose of the same 
 in any way, but shall hold the same at the disposal of the superin- 
 tendent. Any weights, measures, or weighing or measuring devices 
 which have been "condemned for repairs," and have not been re- 
 paired as required above, shall be confiscated by the superintendent. 
 
 Sec. 6286. Powers and duties of deputy and inspectors. — The powers 
 and duties given to and imposed upon the State superintendent of 
 weights and measures by sections 6283-6285 are hereby given to and 
 imposed upon his deputy and inspectors also, when acting under his 
 instructions and at his direction. 
 
 Sec. 6287. City sealer; appointment; salary; deputies.— There shall be 
 a city sealer of weights and measures in cities of not less than twenty- 
 
820 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 five thousand population, according to the latest official State or 
 United States census, to be appointed by the mayor and city com- 
 mission. He shall be paid a salary, to be determined by the mayor 
 and city commission, and no fee shall be charged by him or by the 
 city for the inspecting, testing, or sealing, or the repairing or ad- 
 justing of weights, measures, or weighing or measuring devices. 
 Whenever the mayor and city commission shall deem it necessary, 
 one or more deputy sealers of weights and measures may be ap- 
 pointed and their salary fixed as above. All deputies appointed, 
 shall have the same powers, and may perform the same duties as 
 the city sealer, when acting under his instructions and direction. 
 
 Sec. 6288. Bond of city sealer. — The city sealer of weights and meas- 
 ures shall forthwith, on his appointment, give a bond in the penal 
 sum of $1,000, with sureties to be approved by the appointing power, 
 for the faithful performance of the duties of his office. 
 
 Sec. 6289. City standards ; custody. — The mayor and city commission 
 of each city required to appoint a sealer under the provisions of this 
 title shall procure at the expense of the city, and shall keep at all 
 times, a set of weights and measures and other apparatus as com- 
 plete and of such materials and construction as the said superin- 
 tendent of weights and measures may direct. All such weights, 
 measures, and other apparatus, having been tried and accurately 
 proven by the State superintendent, shall be sealed and certified to 
 by him as hereinbefore provided, and shall be then deposited with 
 and preserved by the city sealer as public standards for each city. 
 
 Sec. 6290. Powers and duties of city sealer. — Where not otherwise 
 provided by law, the city sealer shall have the same powers and shall 
 perform the same duties within his city as are granted to and im- 
 posed upon the State superintendent of Aveights and measures by 
 sections 6283-6285. 
 
 Sec. 6291. Records; report. — The city sealer shall keep a complete 
 record of all of his official acts, and shall make an annual report, 
 duly sworn to, on the 30th day of November, to the State superin- 
 tendent of weights and measures, on blanks furnished by the latter ; 
 and also, any special reports that the latter may request. 
 
 Sec. 6292. Police powers of inspectors and sealers. — The superintend- 
 ent of weights and measures, his deputy and inspectors, and the city 
 sealers and deputy sealers of weights and measures, are hereby made 
 special policemen, and are authorized and empowered to arrest, with- 
 out formal warrant, any violator of the statutes in relation to weights 
 and measures, and to seize for use as evidence, without formal war- 
 rant, any false or unsealed weight, measure, or weighing or measur- 
 ing device or package or amount of commodity found to be used, 
 retained, or offered or exposed for sale or sold in violation of law. 
 
 Sec. 6293. Unlawful interference; penalty. — Any person who shall 
 hinder or obstruct in any way the superintendent of weights and 
 measures, his deputy or inspectors, or any city sealer or deputy 
 sealer of weights and measures, in the performance of his official 
 duties, shall be guilty of a misdemeanor, and upon conviction thereof 
 in any court of competent jurisdiction, shall be punished by a fine of 
 not less than $20.00 or more than $200.00, or by imprisonment in the 
 county jail for not more than three months, or by both such fine and 
 imprisonment. 
 
UTAH 821 
 
 Sec. 6294. Misrepresentation; use of counterfeit seal; penalty. — Any 
 person who shall impersonate in any way the superintendent of 
 weights and measures, his deputy or inspectors, or any city sealer or 
 deputy sealer of weights and measures, by the use of his seal or 
 counterfeit of his seal, or otherwise, shall be guilty of a misde- 
 meanor, and, upon conviction thereof in any court of competent 
 jurisdiction, shall be punished by a fine of not less than $100.00, and 
 imprisonment not more than one year, or by both such fine and im- 
 prisonment. 
 
 Sec. 6295. Unlawful to sell coal, etc., except by weight measure; 
 record. — It shall be unlawful to sell or offer to sell any coal, coke, or 
 charcoal in any other manner than by weight. It shall be unlawful 
 for any person to deliver any coal, coke, or charcoal without each 
 such delivery being accompanied by a delivery ticket and a duplicate 
 thereof, on each of which shall be in ink or other indelible sub- 
 stance, distinctly expressed in pounds, the gross weight of the load, 
 the tare weight of the delivery vehicle, and the quantity or quantities 
 of coal, coke, or charcoal contained in the vehicle used in such de- 
 liveries, with the name of the purchaser thereof, and the name of 
 the dealer from whom purchased. One of these tickets shall be sur- 
 rendered to the State superintendent, his deputy or inspectors, or a 
 city sealer or deputy sealer of weights and measures, upon his de- 
 mand for his inspection ; and this ticket or weight slip issued by him 
 when he desires to retam the original shall be delivered to the said 
 purchaser of said coal, coke, or charcoal, or his agent or representa- 
 tive, at the time of the delivery of the fuel ; and the other tickets shall 
 be retained by the seller of the fuel. When the buyer carries away 
 the purchase, a delivery ticket showing the actual number of pounds 
 delivered to him must be given to him at the time the sale is made. 
 
 Sec. 6296. Measurement of food products in packages; net contents to 
 be marked; proviso; package denned. — It shall be unlawful to keep for 
 the purpose of sale, or sell, or offer or expose for sale, any food 
 products in package form, unless the net quantity of the contents be 
 plainly and conspicuously marked on the outside of the package, in 
 terms of weight, measure, or numerical count: Provided, however, 
 That reasonable variations or tolerances shall be permitted, and that 
 these reasonable variations or tolerations and also exemptions as to 
 small packages shall be established by rules and regulations made 
 by the dairy and food bureau: And provided, further, That this 
 section shall not be construed to apply to those commodities in pack- 
 age form, the manner of the sale of which is specifically regulated by 
 the provisions of other sections of this title. The word " package," 
 as used in this section, shall be construed to include the package, 
 carton, case, can, box, barrel, bottle, phial, or other receptacle put up 
 by the manufacturer; or, when put up prior to the order of the 
 commodity, by the vendor, which may be labeled, branded, or sten- 
 ciled, or otherwise marked, or which may be suitable for labeling, 
 branding, or stenciling, or marking otherwise, making one complete 
 package of the commodity. The word " package " shall be con- 
 strued to include both the wholesale and the retail package, with the 
 exception of shipping cases when contents are properly marked. 
 
 Sec. 6297. Dry goods; net amount to be marked; definition. — It shall 
 be unlawful to keep for the purpose of sale, offer or expose for sale, 
 
822 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 or sell any commodity composed in whole or in part of cotton, wool, 
 linen, or silk, or any other textile material on a spool or similar 
 holder, or in a container or band, or in a bolt or roll, or in a ball, 
 coil, or skein, or in any similar manner, unless the net amount of 
 the commodity in terms of weight or measure shall be definitely, 
 plainly, and conspicuously marked on the principal label, if there 
 be such a label; otherwise, on a wrapping, band, or tag attached 
 thereto. The words " spool or similar holder, container, or band, 
 bolt, or roll, or ball, coil, or skein," shall be construed to include the 
 spool or similar holder, container or band, bolt or roll, or ball, coil 
 or skein put up by the manufacturer; or when put up prior to the 
 order of the commodity, by the vendor. It shall be held to include 
 both the wholesale and the retail package. 
 
 Sec. 6298. Sale of butter and oleomargarine; sizes of packages; net 
 weight to show. — It shall be unlawful for any person to sell, or offer 
 to sell, any butter or renovated or process butter or oleomargine in 
 any other manner than by weight. It shall be unlawful for any 
 person to put up, pack, or keep for the purpose of sale, offer or 
 expose for sale, or sell any butter, or renovated or process butter 
 or oleomargine in the form of prints, bricks, or rolls in any other 
 than the following sizes, to wit : One-quarter pound, one-half pound, 
 one pound, one and one-half pounds, or multiples of one pound. 
 Each print, brick, or roll shall bear a definite, plain and conspicuous 
 statement of its true net weight, on the principal label, where there 
 be such a label, otherwise on the outside wrapper thereof; such 
 statement shall be in Gothic type, not less than twelve point. The 
 prints, bricks, or rolls referred to in this section shall be construed to 
 include those prints, bricks, or rolls put up by the manufacturer or 
 producer; or when put up prior to the order of the commodity by 
 the vendor. 
 
 Sec. 6299. Bread ; labeled to show weight and name of manufacturer. — 
 All bread kept for the purpose of sale, offered or exposed for sale, 
 or sold shall be sold by weight. To each loaf of bread shall be 
 attached a label plainly showing its correct weight and the firm name 
 of the manufacturer thereof, the size of the label and type to be 
 used to be specified by the State superintendent of weights and 
 measures. It shall be unlawful for any person to make or keep for 
 the purpose of sale, offer or expose for sale, or sell any bread other 
 than such as shall be in accordance with the provisions of this 
 section. 
 
 Sec. 6300. Measurement of liquid and other commodities; vegetables 
 and fruit. — It shall be unlawful to sell, except for immediate con- 
 sumption on the premises, liquid commodities in any other manner 
 than by weight or liquid measure, or commodities not liquid in any 
 other manner than by measure of length, by weight, or by numerical 
 count : Provided, however, That nothing in this section shall be con- 
 strued to prevent the sale of vegetables, fruits, and produce in the 
 standard barrel 1 adopted by the United States Government, or of 
 berries and small fruit in boxes as provided in section 6301, usually 
 sold by the head or bunch, in this manner. For the purposes of this 
 section, the term " commodities not liquid " shall be construed to in- 
 
 >See p. 20 for United States law. 
 
UTAH 823 
 
 elude goods, wares, and merchandise which have heretofore been sold 
 by measure of length, by weight, by measure of capacity, or by 
 numerical count, or which are susceptible of sale in any of these ways. 
 
 Sec. 6301. Berries and small fruit; measurement and sale. — It shall 
 be unlawful after the 1st day of August, 1915, to sell or offer to 
 sell any berries or small fruits in any other manner than by weight, 
 or in the containers described in this section. It shall be unlawful 
 to procure or keep for the purpose of sale, offer or expose for sale, 
 sell or give away any baskets or other open containers for berries 
 or small fruits, holding one quart or less, or to procure or keep for 
 the purpose of sale, offer or expose for sale, or sell berries or small 
 fruits in baskets or other open containers, holding one quart or less 
 of any other than the following capacities, when level full; one 
 quart having a capacity of 67.2 cubic inches and containing not less 
 than twenty-one ounces; one pint having a capacity of 33.6 cubic 
 inches and containing not less than ten and five-tenths ounces, stand- 
 ard dry measure. It shall be unlawful to use berry cups, boxes, 
 crates, or sacks a second time as receptacles for fruits or vegetables, 
 or to use unclean or insanitary crates, boxes or sacks. It shall be 
 unlawful for any dealer or vendor to transfer berries or small fruits 
 from one container to another, or from the containers in which said 
 fruits or berries is packed by the producer. 
 
 Sec. 6302. Sale by weight; construction. — Whenever any commodity 
 is sold on a basis of weight, it shall be unlawful to employ any 
 other weight in such sale than the net weight of the commodity; 
 and all contracts concerning goods sold on a basis of weight shall 
 be understood and construed accordingly. Whenever the weight of 
 a commodity is mentioned in this title, it shall be understood and 
 construed to mean the net weight of the commodity 
 
 Sec. 6303. Use of false weights and measures; other violations; pen- 
 alty. — Any person, who by himself, or by his servant or agent, or as 
 the servant or agent of another person, shall offer or expose for 
 sale, sell, use in the buying or selling of any commodity or thing 
 or for hire or award, or retain in his possession a false weight or 
 measure, or weighing or measuring device, which has not been 
 sealed by the State superintendent or his deputy or inspectors, or 
 by sealer or deputy sealer of weights and measures, within one 
 year, or shall dispose of any condemned weight or measure, or 
 weighing or measuring device contrary to law, or remove any tag 
 placed thereon by the State superintendent, or his deputy or in- 
 spectors, or by a sealer or deputy sealer of weights and measures; 
 or who shall sell or offer or expose for sale less than the quantity 
 he represents, or shall take or attempt to take more than the quantity 
 he represents, when as the buyer he furnished the weight, measure, 
 or weighing or measuring device by means of which the amount 
 of commodity is determined; or who shall keep for the purpose 
 of sale, offer or expose for sale, or sell any commodity in a manner 
 contrary to law; or who shall violate any provisions of this title 
 for which a specific penalty has not been provided; or who shall 
 sell or offer for sale, or use or have in his possession for the purpose 
 of selling or using, any device or instrument to be used to, or cal- 
 culated to, falsify any weight or measure, shall be guilty of a mis- 
 demeanor and shall be punished by a fine of not less than twenty 
 
824 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 dollars or more than two hundred dollars or by imprisonment for 
 not more than three months, or by both such fine and imprisonment, 
 upon the first conviction in any court of competent jurisdiction; 
 and upon the second or subsequent conviction in any court of com- 
 petent jurisdiction he shall be punished by a fine of not less than 
 $50.00 or more than $500.00, or by imprisonment in the county jail 
 for not more than one year, or by both such fine and imprisonment. 
 
 Sec. 6304. Definition of terms. — The word " person " as used in this 
 title shall be construed to impart both the plural and singular, as 
 the case demands, and shall include corporations, companies, socie- 
 ties, and associations. 
 
 The words " weights, measures, or [and] weighing or [and] 
 measuring devices " as used in this title, shall be construed to include 
 all weights, scales, beams, measures of every kind, instruments and 
 mechanical devices for weighing or measuring, and any appliances 
 and accessories connected with any or all such instruments. 
 
 The words " sell " or " sale " as used in this title shall be construed 
 to include barter and exchange. 
 
 Comp. Laws, 1917, ch. 3, p. 209. 
 
 Sec. 570 (al917). General powers of city council. — The boards of 
 commissioners and city councils of cities shall have the powers in the 
 following sections enumerated: 
 
 Sec. 570 x 43. Manner of sale. — To provide for the place and the 
 manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, 
 and all other provisions, and regulate the selling of the same. 
 
 Sec. 570 x 45. Inspection of merchandise. — To provide for the inspec- 
 tion, measurement, or graduation of any merchandise, manufacture, 
 or commodity, and to appoint the necessary officers therefor. 
 
 Sec. 570 x 46. Weights and measures; inspection. — To provide for the 
 inspection and sealing of weights, measures, computing scales, and 
 all weighing and measuring devices indicating arithmetical value as 
 well as weight. 
 
 Sec. 570 x 47. Same; keeping, enforcement of. — To enforce the 
 keeping of proper weights, measures, computing scales, and all 
 weighing and measuring devices indicating arithmetical values as 
 well as weight. 
 
 Comp. Laws, 1917, ch. 2, p. 462. 
 
 Sec. 1928 (al913).— * * * That for the purpose of this chapter 
 an article shall also be deemed to be misbranded : * * * 
 
 In case of foods : * * * 
 
 3. If in package form, the net quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure, or numerical count: Provided, That rea- 
 sonable variations and tolerations shall be permitted by rules and 
 regulations made in accordance with this chapter by the State dairy 
 and food bureau. 
 
 Laws, 1925, ch. 85, p. 165. 
 
 Sec. 2. Weight of eggs. — Unless the context otherwise requires, the 
 words and phrases employed in this act shall have the meanings 
 hereinafter defined : * * * 
 
UTAH 825 
 
 (h) " Standard size eggs " as used herein refers to eggs weighing 
 twenty-two ounces or over to the dozen. 
 
 (i) " Pullet size eggs " as used herein refers to eggs weighing un- 
 der twenty-two ounces to the dozen. 
 
 Sec. 3. Grades or standards; rules. — It shall be the duty of the State 
 board of agriculture to establish forthwith, and from time to time, 
 grades or standards of quality and size or weight governing the sale 
 of eggs as permitted by this act, and to make suitable rules and regu- 
 lations for otherwise carrying out its provisions. Such rules, regu- 
 lations, and standards of quality and weight shall be filed in the 
 office of the State board of agriculture and shall be in effect thirty 
 days after such filing. 
 
 Sec. 4. "Unlawful sale of eggs. — It shall be unlawful for any person, 
 firm or corporation to sell or offer or expose for sale any eggs which 
 are intended for human consumption without notifying by suitable 
 signs or label the persons purchasing or intending to purchase the 
 same of the exact grade or quality according to the standards pre- 
 scribed by the State board of agriculture, and if these eggs are not 
 standard sized eggs, they shall be labeled " pullet eggs." 
 
 Sec. 6. Effect of guaranty. — No retailer shall be prosecuted under 
 the provisions of this act when he can establish a guaranty from the 
 person from whom any eggs are purchased, to the effect that said 
 eggs at the time of such purchase conformed to the grade or quality 
 and the size or weight as stated in the invoice: Provided, Said eggs 
 have been labeled by the retailer for resale in accordance with the 
 purchase invoice: And provided, further, That said guaranty shall 
 not exempt from prosecution any retailer who may have kept the 
 eggs, covered by such guaranty, for such time after their purchase 
 or under such conditions as to cause said eggs to deteriorate into a 
 lower grade or standard. 
 
 Sec. 7. Penalty. — Every person who violates any of the provisions 
 of this act shall be guilty of a misdemeanor, and upon conviction 
 shall be punished by a fine of not less than twenty-five dollars 
 ($25.00) nor more than one hundred dollars ($100.00). 
 
 Laws, 1919, ch. 39, p. 79. 
 
 Sec. 2, as amended by laws, 1921, ch. 9, p. 35. Net weight to be marked 
 on commercial feeding stuff. — Every lot or parcel of commercial feeding 
 stuffs sold, offered or exposed for sale or distributed within this State 
 shall have affixed thereto a tag or label in a conspicuous place on the 
 outside thereof containing a legible and plainly printed statement 
 in the English language, clearly and truly certifying: 
 
 (a) The net weight of the contents of the package, Jot or par- 
 cel; * * * 
 
 (c) The name and principal address of the manufacturer or dis- 
 tributor of the product. * * * 
 
 Comp. Laws, 1917, ch. 4, p. 974. 
 
 Sec. 4813°. Regulation of car supply and the weighing of cars and 
 freight; may test weights and scales. — 3. The commission [public utili- 
 ties commission] shall also have power to provide the time within 
 which baggage shall be received, transported, delivered, and stored. 
 The commission shall have power to enforce reasonable regulations 
 for the weighing of cars and freight offered for shipment over any 
 
826 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 line of railroad, and to test the weights made by any railroad corpo- 
 ration and scales used in weighing freight on cars. 
 
 Sec. 4814. Electric, gas, and water companies; examination and tests. — 
 1. The commission [public utilities commission] shall have power, 
 after hearing, to ascertain and fix just and reasonable standards, 
 classifications, regulations, practices, measurements, or service to be 
 furnished, imposed, observed, and followed by all electrical, gas, 
 and water corporations; to ascertain and fix adequate and service- 
 able standards for the measurement of quantity, quality, pressure, 
 initial voltage, or other condition pertaining to the supply of the 
 product, commodity, or service furnished or rendered by any such 
 public utility ; to prescribe reasonable regulations for the examina- 
 tion and testing of such products, commodity, or service, and for the 
 measurement thereof; to establish reasonable rules, regulations, speci- 
 fications, and standards to secure the accuracy of all meters and ap- 
 pliances for measurements; and to provide for the examination and 
 testing of any and all appliances used for the measurement of any 
 product, commodity, or service of any such public utility. 
 
 2. The commissioners and their officers and employes shall have 
 power to enter upon any premises occupied by any public utility, 
 for the purpose of making the examinations and tests and exercising 
 any of the other powers provided for in this title, and to set up and 
 use on such premises any apparatus and appliances necessary there- 
 for. The agents and employes of such public utility shall have the 
 right to be present at the making of such examinations and tests. 
 
 3. Any consumer or user of any product, commodity, or service of 
 a public utility may have any appliance used in the measurement 
 thereof tested, upon paying the fees fixed by the commission. The 
 commission shall establish and fix reasonable fees to be paid for 
 testing such appliances on the request of the consumer or user, the fee 
 to be paid by the consumer or user at the time of his request, but to be 
 paid by the public utility and repaid to the consumer or user if the 
 appliance is found defective or incorrect to the disadvantage of the 
 consumer or user, under such rules and regulations as may be pre- 
 scribed by the commission. 
 
 Laws, 1919, ch. 26, p. 46. 
 
 Sec. 1. Carloads of coal, weighing of. — It shall be unlawful for any 
 common carrier organized under the laws of this State, or any com- 
 mon carrier doing business within this State, to collect freight 
 charges from any consignee for coal in carload lots delivered 
 at any point within the State where railroad track scales are owned 
 or used or maintained at the point of delivery or in the line of transit 
 for any weight in excess of the actual weight of the coal delivered 
 to said consignee ; and in determining the actual weight of such coal, 
 the common carrier shall be entitled to take the weight of the empty 
 car, as determined by weighing such car at the point where the coal 
 is loaded for shipment, and deduct such weight from the gross 
 weight of the car and coal, as weighed at the point nearest in the line 
 of transit to the point of delivery of said coal to consignee where 
 railroad track scales are owned or used and maintained. Such 
 weighing shall be done within a reasonable time after the arrival 
 of the car at its destination. No charge shall be made to the con- 
 signee by such common carrier for such weighing. It is further 
 
UTAH 827 
 
 provided, that if the difference between the original net weight as 
 determined at the point of shipment and the net weight obtained by 
 reweighing at the track scales nearest in the line of transit to 
 destination, does not exceed 200 pounds on a carload of coal, then the 
 weight determined at the point of shipment shall not be changed. 
 
 Sec. 2. Weighman's certificate; when charges due. — Before the pay- 
 ment by the consignee of the freight upon any carload of coal deliv- 
 ered by a common carrier within this State, at a point where track 
 scales are owned or used or maintained, in the line of transit to, or at, 
 the place of delivery, such common carrier shall deliver to said 
 consignee a certificate signed by a competent and disinterested weigh- 
 man, stating the gross weight of the car and the coal contained 
 therein, as weighed at the track scales nearest in line of transit to, or 
 at the point of delivery thereof to the consignee, and shall endorse 
 on such certificate the weight of such empty car as determined at the 
 point where such coal was loaded, and no freight charges for the 
 transportation of any such coal shall be due or payable until the 
 same has been weighed at the track scales nearest in line of transit to, 
 or at, the point of destination as herein prescribed, and the cer- 
 tificate of the weight thereof given as required by this act. 
 
 Sec. 3. Violation of act a misdemeanor. — Any common carrier who 
 shall violate any provision of this act, or who shall collect freight 
 on a carload of coal at a point where railroad track scales are main- 
 tained, in the line of transit to, or at, the point of delivery with- 
 out causing same to be weighed within the time and in the manner 
 required by this act, shall be guilty of a misdemeanor, and upon 
 conviction thereof shall be fined in any sum not less than $100.00 
 and not more than $299.00. 
 
 Sec. 4. Repeals. — That sections 1250, 1251 and 1252, Compiled Laws 
 of Utah, 1917, are hereby repealed. 
 
 Cons. Art. 10. 
 
 Sec. 11. Metric system to be taught. — The metric system shall be 
 taught in the public schools of the State. 
 
 Comp. laws, 1917, ch. 4, p. 475. 
 
 Sec. 1975 (1911). Use of Babcock test; misdemeanor. — In the use of the 
 Babcock test, the standard milk measures or pipettes shall have a 
 capacity of 17.6 cubic centimeters, and the standard test tubes or 
 bottles for milk shall have a capacity of 2 cubic centimeters for each 
 10 per cent marked on the necks thereof; cream shall be tested by 
 weight and the standard unit for testing shall be 18 grams, and it is 
 hereby made a misdemeanor to use any other standards of milk or 
 cream measure where milk or cream is purchased by or furnished to 
 creameries or cheese factories and where the value of said milk or 
 cream is determined by the percentage of butter fat contained in the 
 same or wherever the value of milk or cream is determined by the 
 percentage of butter fat contained in the same by the Babcock test. 
 * * * Any manufacturer, merchant, dealer, or agent in this State 
 who shall offer for sale or sell a milk pipette or measure, test tube, or 
 bottle, which is not correctly marked or graduated as herein pro- 
 vided, shall be guilty of a misdemeanor. It shall be unlawful for 
 the owner, manager, agent, or any employee of a cheese factory, 
 creamery, or condensed milk factory to falsely manipulate or under- 
 
828 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 read or overread the Babcock test or any other contrivance used for 
 determining the quality or value of milk or cream, or to make any 
 false determination by said Babcock test or otherwise. 
 
 Sec. 1976. Penalty. — Whoever shall violate any of the provisions of 
 this chapter shall be guilty of a misdemeanor, and shall, upon con- 
 viction thereof, be punished by a fine of not less than $25 nor more 
 than $200, or by imprisonment in the county jail for not less than 
 ten days nor more than thirty days; or by both such fine and im- 
 prisonment, at the discretion of the court. 
 
 Comp. Laws, 1917, ch. 4, p. 741. 
 
 Sec. 3464 (al905). Standard of measurement of water. — The standard 
 unit of measurement of the flow of water shall be the discharge of 
 one cubic foot per second of time, which shall be known as a second 
 foot ; and the standard unit of measurement of the volume of water 
 shall be the acre foot, being the amount of water upon an acre cov- 
 ered one foot deep, equivalent to 43,560 cubic feet. 
 
 Comp. Laws, 1917, ch. 3, p. 836. 
 
 Sec. 3930 (1913). Mine owners to provide scales for weighing coal. — 
 The owner, agent, or operator of every coal mine in this State, at 
 which the miners are paid by weight, shall provide at such mines suit- 
 able and accurate scales of standard manufacture for the weighing of 
 all coal which shall be hoisted or delivered from such mines: Pro- 
 vided, That when coal is weighed in the miner's car, such car shall 
 be brought to a standstill on the scales before the weight is taken. 
 
 Sec. 3931. Weigher to be sworn; record of coal mined. — The owner, 
 agent, or operator of such mine shall require the person authorized 
 to weigh the coal delivered from said mine to be sworn before some 
 person having authority to administer an oath, to keep the scales 
 correctly balanced, to accurately weigh and to correctly record the 
 gross or screened weight to the nearest ten pounds of each miner's 
 car of coal delivered from such mine, and such oath shall be kept 
 conspicuously posted at the place of weighing. The record of the 
 coal mined by each miner shall be kept separate, and shall be opened 
 to his inspection at all reasonable hours, and also for the inspection 
 of all other persons pecuniarily interested in such mine. 
 
 Sec. 3932. Miners may furnish checkweighman; duties and powers. — 
 In all coal mines in this State the miners employed and working 
 therein may furnish a competent checkweighman at their own ex- 
 pense, who shall at all proper times have full right of access and 
 examination of such scales, machinery, or apparatus, and of seeing 
 all measures, and weights of coal mined and accounts kept of the 
 same: Provided, That not more than one person on behalf of the 
 miners collectively shall have such right of access, examination, and 
 inspection of scales, measures, and accounts at the same time, and 
 that such persons shall make no unnecessary interference with the use 
 of such scales, machinery, or apparatus. The agent of the miners 
 as aforesaid shall, before entering upon his duties, make and 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 checkweighman. Such oath shall be kept conspicuously 
 posted at the place of weighing. 
 
UTAH 829 
 
 Sec. 3933. Fraudulent weighing a misdemeanor. — Any person, com- 
 pany, or firm having or using any scale or scales for the purpose of 
 weighing the output of coal at mines so arranged or constructed that 
 fraudulent weighing may be done thereby, or who shall knowingly 
 resort to or employ any means whatsoever by reason of which such 
 coal is not correctly weighed or reported in accordance with the pro- 
 visions of this chapter; or any weighman or checkweighman who 
 shall fraudulently weigh or record the weights of such coal, or con- 
 nive at or consent to such fraudulent weighing, shall be deemed 
 guilty of a misdemeanor. 
 
 Sec. 3934. Coal mine inspector to examine scales. — It shall be the duty 
 of the coal mine inspector, in addition to his other duties, to examine 
 all scales used at any coal mine in the State for the purpose of 
 weighing coal taken out of such mine; and on inspection, if found 
 incorrect, he shall notify the owner or agent of any such mine that 
 such scales are incorrect; and after such notice it shall be unlawful 
 for any owner or agent to use or suffer the same to be used, until 
 such scales are so fixed that the same will give the true and correct 
 weight. Any person violating the provisions of this section shall 
 be deemed guilty of a misdemeanor. 
 
 Sec. 3935. Coal cars to be weighed before and after loading; way- 
 bill to show both weights; penalty. — It is hereby made the duty of 
 all persons or corporations engaged in the mining or shipping of coal 
 from any mine or point within the State of Utah to weigh each 
 empty car before it is loaded and to note the weight thereof upon 
 the bill of lading, and to weigh each car after the same is loaded and 
 to note the weight thereof upon the bill of lading or waybill of the 
 same. Any person or corporation violating the provisions of this 
 section shall be guilty of a misdemeanor. 
 
VERMONT 
 
 General Laws, 1917, ch. 246, p. 1008. 
 
 Sec. 5868 (al910). United States standards adopted. — The standards 
 of weight and measure that have been or may be adopted by the 
 United States shall be the standards of weight and measure for this 
 State; and the weights, measures and balances received from the 
 United States under a resolution of Congress, approved June 14, 
 1836, and such new weights, measures and balances as shall be re- 
 ceived from the United States as standard weights, measures and 
 balances in addition thereto, or in renewal thereof, shall be the 
 authorized standards by which all standards of weights and measures 
 of this State shall be tried, proved and sealed. 
 
 Sec. 5889, as amended by Laws, 1923, Act. 8, p. 18. State commissioner 
 of industries ex officio commissioner; deputy commissioner. — The com- 
 missioner of industries shall, by virtue of his office, be commissioner 
 of weights and measures. He may appoint a deputy commissioner 
 and remove him at pleasure and shall be responsible for his acts. 
 A record of such appointment shall be made in the office of secretary 
 of State. 
 
 Sec. 5870, as amended by Laws, 1919, Act No. 161, p. 172. Inspectors; 
 appointment; oath. — Said commissioner may, when necessary, sub- 
 ject to the approval of the governor, appoint inspectors, whose 
 salaries shall be fixed by the board of control and who shall receive 
 their actual and necessary hotel and transportation expenses while 
 away from home on official business. Said inspectors shall be sworn. 
 
 Sec. 5871 (al917). Expenses; assistance. — Said commissioner shall be 
 paid his actual and necessary expenses when away from home on 
 official business. Said commissioner may, subject to the approval of 
 the governor, employ such assistance, clerical or otherwise, as the 
 governor deems necessary for the proper performance of the duties 
 of said commissioner. 
 
 Sec. 5872, as amended by Laws, 1919, Act No. 161, p. 172. Duties of 
 commissioner. — Said commissioner shall take charge of the standards 
 adopted by the State, cause them to be kept in the capitol building 
 from which they shall not be removed, except for repairs or for 
 certification, and take all other necessary precautions for their 
 safekeeping. He shall maintain such standards in good order and 
 shall submit them once in ten years to the National Bureau of Stand- 
 ards for certification. He shall inspect the weights, measures and 
 balances of the several towns, and, once in five years and oftener if 
 necessary, compare the same with those in his possession and seal 
 such as are correct; and, unless otherwise provided by law, he shall 
 have a general supervision of the weights, measures and weighing 
 and measuring devices of the State, those in use in the State and those 
 sold or hired or offered for sale, hire or award in the State. 
 830 
 
VEEMONT 831 
 
 Sec. 5873 (al912). Town treasurer's duties. — Each town treasurer 
 shall provide and keep in repair in his office whatever weights, 
 measures and balances the town directs. Such weights, measures 
 and balances shall not be legal or used by said treasurer as herein 
 provided, unless proved and sealed as provided in the preceding 
 section. Said treasurer shall prove and seal weights, measures and 
 balances presented to him for that purpose, by comparison of the 
 same with the standards in his office, and shall be entitled to receive 
 from the person presenting the same, ten cents for each article so 
 sealed and a reasonable compensation for alterations. 
 
 Sec. 5874 (al917). Record; powers of commissioner and inspectors to 
 test weight and measures. — Said commissioner shall keep a complete 
 record of the standards and other apparatus in his possession, and 
 take a receipt for same from his successor in office. He and his 
 inspectors shall have the power to inspect, try, test and ascertain if 
 they are correct, and if so, seal same, all weights, scales, beams, 
 measures of every kind, instruments or mechanical devices for meas- 
 urement, and the tools, appliances or accessories connected with any 
 such instruments or measurements used or employed within the State 
 by a proprietor, agent, lessee or employee in determining the size, 
 quantity, extent, area or measurement of quantities, things, produce, 
 articles for .distribution or consumption offered or submitted by 
 such a person for sale, hire, or award. 
 
 Sec. 5875 (1910). Inspection and test; report. — Said commissioner or 
 his inspectors shall visit the various towns in order to inspect the 
 work of the town treasurers as sealers; and shall, upon the request 
 of any citizen, firm, corporation or educational institution of the 
 State, test or calibrate weights, measures, weighing or measuring 
 devices and instruments or apparatus used as test standards in the 
 State and shall seal such as are correct. He or his inspectors shall, 
 at least once annually, test all weights, measures and balances used 
 in checking the receipt or disbursement of supplies in State institu- 
 tions and shall seal such as are correct, and shall report in writing 
 his findings to the executive officer of the institution concerned. 
 
 Sec. 5876, as amended by Laws, 1919, Act No. 161, p. 172. Examination 
 of commodities; prosecution. — Said commissioner, his deputy, or his 
 inspectors may, at irregular intervals, examine commodities sold or 
 offered for sale and test them for correct weight, measure or count. 
 He, his deputy, or his inspectors, for such purposes and in the gen- 
 eral performances of their official duties may, without formal war- 
 rant, enter or go into or upon any stand, place, building or prem- 
 ises, and may stop any vendor, peddler, junk dealer, coal wagon or 
 coal truck, ice wagon or ice truck or any dealer whatsoever, for 
 the purpose of making proper tests; and in exercise of their duties 
 they shall have full police power to enforce all reasonable measures 
 for testing any weighing or measuring devices and for ascertaining 
 whether false or short weights and measures are being given in any 
 sales or transfers of commodities taking place within the State, and 
 they may seize for use as evidence, and hold until final disposition 
 of the same, any commodity, package or other article sold or offered 
 for sale contrary to the law relating to weights and measures. Said 
 commissioner, his deputy, or inspectors may arrest without warrant 
 
 517—27 53 
 
832 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and on view, in any part of the State, a person found violating 
 a provision of this chapter and take such person before a magis- 
 trate having jurisdiction of the offense, and detain such person in 
 custody at the expense of the State until opportunity is had to 
 notify a prosecuting officer, who shall forthwith prosecute such 
 offender. Grand jurors in such cases shall receive the fees pre- 
 scribed by section seven thousand four hundred and fifty-one. Ex- 
 cept as herein otherwise provided, whenever said commissioner, his 
 deputy, or his inspectors find a violation of the statutes relating to 
 weights and measures, they shall submit the evidence to a proper 
 prosecuting officer in the county in which said violation occurred 
 who shall thereupon prosecute the offender. 
 
 Sec. 5877 (1910). Tolerances. — Said commissioner shall, after con- 
 sultation with and with the advice of the National Bureau of Stand- 
 ards, establish tolerances for use in the State, and such tolerances 
 shall be the legal tolerances in the State. 
 
 Sec. 5878. Rules and regulations. — Said commissioner may make 
 suitable rules and regulations to govern the sale of commodities. 
 
 Sec. 5879 (al917). Report. — Said commissioner shall keep a com- 
 plete record of all work done under his direction and shall, in each 
 even year, make a report to the governor of the work done during 
 the preceding two years. Such report shall also contain such other 
 matter and recommendations as seem pertinent. 
 
 Sec. 5880 (al910). Marking of standards. — The State standards shall 
 be stamped with the letters S. S., and the town standards with the 
 letters T. S., and city standards with the letters C. S. 
 
 Sec. 5881 (1910). Marking of weights and measures. — Every weight 
 for use in trade, except when the small size of the weight renders it 
 impracticable, shall have the denomination of such weight perma- 
 nently marked on the top side thereof in legible figures or letters; 
 and every measure of capacity for use in trade shall have the de- 
 nomination and kind thereof permanently marked on the outside of 
 such measure in legible figures or letters. A weight or measure not 
 in conformity with this section shall not be sealed by said com- 
 missioner, inspectors or town treasurers. 
 
 Sec. 5882. Sealing without verifying. — A person authorized to seal 
 weights and measures in accordance with the provisions of this 
 chapter, who stamps a weight or measure without duly verifying the 
 same by comparison with the town standards or is guilty of a breach 
 of any duty imposed upon him by law or otherwise misconducts him- 
 self in the execution of his office, shall be liable to removal and shall 
 be fined not more than two hundred dollars for each offense. 
 
 Sec. 5883 (al912). For using false measures after inspection; seizure of 
 same. — A person who, after an inspection of his weighing and meas- 
 uring devices, or either, uses or has in his possession for use in trade, 
 in public weighing, or in ascertaining the weight of commodities for 
 or in transportation, any weight, measure, scale, balance, steelyard 
 or other weighing or measuring device, which is false or incorrect, 
 or which has been stamped or tagged as condemned by said com- 
 missioner, inspectors or treasurers, providing the same has not been 
 afterwards sealed as correct by said officials, shall be fined not more 
 than one hundred dollars for the first offense, and, for each sub- 
 sequent offense, not more than two hundred dollars. After an in- 
 
VEBMONT 833 
 
 spection has been made, any such false or incorrect weight, measure, 
 scale, balance, steelyard or other weighing or measuring device may 
 be seized by any official acting under authority of this chapter, and, 
 on order of the court, the same shall be forfeited. 
 
 Sec. 5884, as amended by Laws, 1919, Act No. 161, p. 172. False 
 weights; offenses; penalty. — A person, who himself or by his servant 
 or agent, or as the servant or agent of another, shall offer or expose 
 for sale, sell for use, or use in the buying or selling of any commodity 
 or thing, or for hire, or award, or retain in his possession a false 
 weight or measure, or weighing or measuring device, or who shall 
 dispose 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 without his permission or, who shall 
 sell or offer or expose for sale, less than the quantity he represents, 
 or offers and exposes for sale any such commodity in a manner con- 
 trary to law or who shall sell or offer for sale, or have in his posses- 
 sion for the purpose of selling, any device or instrument to be used 
 to, or calculated to falsify any weight or measure, or in purchasing 
 misrepresents the amount purchased shall, upon conviction, except 
 as hereinafter provided, be fined not more than one hundred dollars 
 for the first offense and, for each subsequent offense, not more than 
 two hundred dollars. 
 
 Sec. 5885, as amended by Laws, 1919, Art. 161, p. 172. Refusal to 
 present weighing and measuring devices. — A person who neglects or 
 refuses to produce for said commissioner, his deputy, inspectors or 
 town treasurers, all weighing and measuring devices in his posses- 
 sion and used in trade or on his premises, or refuses to permit said 
 officers to examine same, or obstructs the entry of said officers, or 
 obstructs or hinders any officer acting under the authoritjr of this 
 chapter, or knowingly violates a rule or regulation made under the 
 authority of section five thousand eight hundred and seventy-eight, 
 or violates a provision of this chapter for which other penalty is 
 not prescribed, shall be fined not more than two hundred dollars. 
 
 Sec. 5886 (al917). Appointment; duties; penalty. — The commissioner 
 of weights and measures may designate one or more of the em- 
 ployees of a corporation, association, firm or individual, or some 
 other suitable person, to act as a weigher or surveyor for such cor- 
 poration, association, firm or individual. Such weigher or sur- 
 veyor shall be appointed for a specified term and shall, before enter- 
 ing upon his duties, make oath faithfully to execute his trust as 
 weigher or surveyor. Said commissioner shall issue a certificate of 
 such designation and shall keep a record of the same. The rights 
 and duties of such weigher or surveyor shall be prescribed by said 
 commissioner, and such weigher or surveyor shall not receive com- 
 pensation from the State for the duties so performed. Such a 
 weigher or surveyor who misrepresents the quantity of commodities 
 weighed or measured by him, or otherwise misconducts himself in 
 the execution of his duties as weigher or surveyor, may be removed 
 from office and shall be fined not more than two hundred dollars for 
 each offense. 
 
 Sec. 5887 (1831). Hundredweight; ton. — A hundredweight shall 
 mean the net weight of one hundred pounds avoirdupois, and a ton, 
 the net weight of two thousand pounds, and contracts or sales con- 
 cerning the same shall be construed accordingly. 
 
834 
 
 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 Sec. 5888, as amended by Laws, 1921, ch. 170, p. 152. Bushel of grain 
 and vegetables; peck, quart, pint. — Whenever the commodities herein- 
 after mentioned are purchased or sold by the bushel, peck, or quart, 
 or multiple or fraction thereof, the bushel of such commodity shall 
 consist of the respective number of pounds herein set forth, viz: 1 
 
 Pounds 
 
 Alfalfa seed 60 
 
 Apples 48 
 
 Apples, dried 25 
 
 Barley 48 
 
 Beans 60 
 
 Beans, unshelled, green 28 
 
 Beans, string 24 
 
 Beans, soy 58 
 
 Beets 60 
 
 Beet greens 12 
 
 Buckwheat 48 
 
 Butternuts, dried 28 
 
 Carrots 50 
 
 Charcoal . 20 
 
 Chestnuts 50 
 
 Clover seed 60 
 
 Corn meal 50 
 
 Corn, shelled 56 
 
 Corn in ear, husked 70 
 
 Corn in ear, unhusked 72 
 
 Cranberries 32 
 
 Cucumbers 48 
 
 Dandelions 12 
 
 Emmer 40 
 
 Flaxseed 55 
 
 Hungarian grass seed 50 
 
 India wheat 46 
 
 Pounds 
 
 Kafir corn 56 
 
 Millet 50 
 
 Oats 32 
 
 Onions 52 
 
 Parsley 8 
 
 Parsnips 45 
 
 Peaches 48 
 
 Peanuts, green 22 
 
 Peanuts, roasted . 20 
 
 Pears 58 
 
 Peas 60 
 
 Peas, unshelled, green 28 
 
 Plums 48 
 
 Pop-corn 56 
 
 Potatoes 60 
 
 Potatoes, sweet 54 
 
 Quinces 48 
 
 Redtop seed 14 
 
 Rye 56 
 
 Salt, coarse 70 
 
 Salt, fine 56 
 
 Spelt 40 
 
 Spinach 12 
 
 Timothy or herd's grass seed 45 
 
 Tomatoes 56 
 
 Turnips 60 
 
 Wheat 60 
 
 The legal peck shall be a fourth part of the bushel, the legal dry 
 quart shall be a thirty-second part of the bushel, and the legal dry 
 pint shall be a sixty-fourth part of the bushel. 
 
 Sec. 5889 (1876). Produce to be in good shipping order. — The kinds 
 of produce enumerated in the preceding section shall be in good 
 order for shipping; and beets, turnips, carrots and onions shall be 
 reasonably free from the soil in which they grew and fairly trimmed 
 of their tops. 
 
 Sec. 5890 (al917). Maple syrup; weight per gallon; penalty. — The 
 legal weight of a gallon of maple syrup shall be not less than eleven 
 pounds and the legal measure thereof shall be two hundred and 
 thirty-one cubic inches. Whenever maple syrup is sold by the gallon, 
 quart, pint, or gill, or multiple or fraction thereof, it must be sold 
 according to such legal weight and measure. The legal quart shall 
 be a fourth of a gallon; the legal pint, an eighth of a gallon; and 
 the legal gill, a thirty-second of a gallon. A person who sells or 
 offers for sale a less quantity of maple syrup than represented or 
 sells the same in a manner contrary to law shall be fined not more 
 than five dollars for the first offense, and for each subsequent offense, 
 not more than ten dollars. 
 
 Sec. 5891 (al828). Lime and ashes. — One bushel and three-quarters 
 of a peck shall be deemed a bushel of lime or ashes, and contracts 
 concerning the same shall be understood accordingly. 
 
 Sec. 5892 (1855). Cord. — A pile of wood or bark four feet high, four 
 feet wide and eight feet long, well packed, shall be a cord; and, in 
 measuring the length of wood, only half the kerf shall be included. 
 
 1 A slight change has been made in the arrangement for convenience of reference. 
 
VEEMONT 835 
 
 Sec. 5893 (1876). Milk.— The standard measure of milk shall be 
 wine measure. 
 
 Sec. 5894 (1884). Saw logs and round timber. — In bargains for or 
 sales of saw logs or round timber by measure, the number of feet, 
 unless otherwise stipulated by the parties, shall be ascertained as 
 follows : Multiply the average diameter of the top of the log, inside 
 the bark, in inches, by half such diameter in inches, disregarding 
 fractions of an inch less than a half, and regarding fractions greater 
 than a half as a full inch, and the number obtained as the product 
 will represent the contents in feet of a log of that diameter twelve 
 feet long. If the log is less than twelve feet long, the actual con- 
 tents 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 con- 
 tents of the sections will be the contents of the whole log. 
 
 Sec. 5895 (1890). Roofing slate. — In contracts for covering roofs 
 with slate, when the underlap is not agreed upon, three inches for 
 each course of slate shall be required. 
 
 Sec. 5896 (1917). Weigh bill with coal; penalty. — A person engaged 
 in the business of retailing coal shall, at the time of the delivery of 
 any coal to a customer, cause to be delivered therewith, by the per- 
 son delivering the coal, a duplicate weight slip showing thereon the 
 number of pounds of coal so delivered. A person who violates a 
 provision of this section shall be fined not more than one hundred 
 dollars. 
 
 Sec. 5897 (al915). Justices. — Justices of the peace shall have con- 
 current jurisdiction with county, municipal and city courts of 
 offenses arising under this chapter. 
 
 General Laws, 1917, ch. 247, p. 1013. 
 
 Sec. 5901 (al852). Inspectors of hops. — The judges of the county 
 court of a county may appoint an inspector of hops for such county, 
 who shall be sworn. 
 
 Sec. 5902. True weight to be marked. — Said inspector, on request, 
 shall inspect hops packed for market in the county for which he was 
 appointed, and shall mark in legible characters, on each bag or 
 package by him inspected, the true weight of hops therein, desig- 
 nating the quality by No. 1, No. 2 or No. 3, with the initial of the 
 Christian name and the surname at length of the grower, or person 
 presenting the same for inspection, and of the inspector, and the 
 year, in figures, in which they were inspected, and the word "Ver- 
 mont." 
 
 Sec. 5903. Penalty. — A grower, owner, presenter for inspection or 
 inspector who is guilty of fraud in the packing, inspecting or mark- 
 ing of bags or bales of hops shall be fined fifty dollars. 
 
 General Laws, 1917, ch. 173, p. 670. 
 
 Sec. 3926 (al917). Organization of selectmen; appointments. — The 
 selectmen shall, immediately after their election and qualification, or- 
 ganize and elect a chairman from among their number and imme- 
 diately file a certificate of such election for record in the town clerk's 
 
836 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 office; and thereupon said selectmen shall appoint from among the 
 inhabitants of the town, the following town officers, who shall serve 
 until their successors are appointed and qualified : 
 
 One or more inspectors of lumber, shingles and wood ; 
 
 One or more weighers of coal. 
 
 Sec. 4015. Duties; compensation. — An inspector of lumber, shingles 
 and wood shall, at the request of any party interested, examine and 
 classify the quality of lumber and shingles, and measure lumber, 
 shingles and wood and give certificates thereof; and shall receive 
 from the party requesting such services, four cents a cord for the 
 first ten cords and one cent for each additional cord of wood 
 measured, and reasonable compensation for examining and classify- 
 ing lumber and shingles and for measuring the same. 
 
 Sec. 4016 (al910). Duties; compensation. — A weigher of coal shall 
 be sworn and shall not be directly or indirectly interested in the sale 
 of coal, and shall weigh all coal sold in his town, upon request of 
 the seller or purchaser. Said weigher shall be paid by the person 
 applying for the weighing, ten cents for the first ton and four cents 
 additional for each additional ton. 
 
 General Laws, 1917, ch. 177, p. 696. 
 
 Sec. 4113 (al915). By-laws relating to hay scales. — An incorporated 
 village may enact such by-laws and regulations as are expedient, not 
 inconsistent with law, particularly such as relate to streets, * * * 
 to the erection and regulation of buildings and hay scales * * *. 
 
 General Laws, 1917, ch. 248, p. 1014. 
 
 Sec. 5925 (1898). Utensils tested; marking; expense. — Bottles, pi- 
 pettes or measuring glasses used by a person in determining by test 
 the value of milk or cream received from other persons shall, before 
 such use, be tested for accuracy of measurement and for accuracy 
 of the per cent scale marked thereon, at the Vermont Agricultural 
 Experiment Station. Such bottles, pipettes or measuring glasses 
 as are correct shall be marked in permanent marks or characters, 
 which shall be proof that they were so tested; but incorrect bottles, 
 pipettes or glasses shall not be marked. The person owning such 
 bottles, pipettes or measuring glasses shall pay the actual expense 
 of testing the accuracy of the same. 
 
 Sec. 5926, as amended by Laws, 1919, Act No. 163, p. 176. Certificate 
 of competency to operator ; fee. — A person who manipulates a mechani- 
 cal or chemical test for the purpose of measuring the percentage of 
 butterfat in milk or cream as a basis for apportioning its value, or 
 the butter or cheese made from the same, shall secure a certificate 
 from the commissioner of agriculture certifjdng that he is com- 
 petent to perform such work which certificate the commissioner may 
 revoke for cause. The commissioner of agriculture may make rules 
 and regulations governing the application for and the granting of 
 such certificates, and may charge a fee for such certificates not to 
 exceed one dollar. 
 
 Sec. 5927 (1898). Violating two preceding sections; penalty. — A per- 
 son who violates a provision of the two preceding sections shall be 
 fined not more than twenty-five dollars for the first offense and, for 
 each subsequent offense, nor more than fifty dollars. Sheriffs, deputy 
 

 VERMONT 837 
 
 sheriffs and constables shall institute complaint against a person 
 violating a provision of the two preceding sections. 
 
 Sec. 5928 (1910). Test; penalty. — When cream is bought or sold 
 according to its butterfat content, there shall be accurately weighed 
 into the test bottle the full weight of cream as specified by the method 
 employed. A person who violates a provision of this section shall 
 be fined not more than fifty dollars nor less than ten dollars. 
 
 Sec. 5942, as amended by Laws, 1919, Act No. 163, p. 176. Inspection 
 of creameries ; regulations concerning milk tests. — Said commissioner or 
 his deputy may enter the premises of such a creamery, cheese fac- 
 tory, condensary or receiving station and may inspect all apparatus 
 and materials used for making tests for the purpose of determining 
 the accuracy of the same, and for ascertaining whether the provi- 
 sions of sections five thousand nine hundred and twenty-five and 
 five thousand nine hundred and twenty-six are being complied with. 
 Said commissioner of agriculture may order any testing apparatus to 
 be repaired or may condemn the same or any part thereof or any 
 materials used in making tests, and may give such instructions and 
 make such regulations concerning the taking of samples of milk and 
 cream for making the butterfat test, the making of such test, and 
 the computing of the results thereof as he deems proper. 
 
 General Laws, 1917, ch. 249, p. 1021. 
 
 Sec. 5947 (1915). Closed packages, definition. — The provisions of this 
 chapter shall apply only to closed packages of apples ; and the words 
 " closed packages " shall mean a barrel, box or other container, the 
 contents of which cannot be seen or inspected when such barrel, box 
 or container is closed. 
 
 Laws, 1921, Act 173, p. 170. 
 
 Sec. 1. Standard box and barrel; dimensions. — The standard barrel 
 for apples shall be of the following dimensions when measured with- 
 out distention of its parts : Length of stave twenty-eight and a half 
 inches; diameter of head, seventeen and an eighth inches; distance 
 between heads, twenty-six inches; circumference of bulge, sixty-four 
 inches, outside measurement; and the thickness of staves not greater 
 than four-tenths of an inch : Provided, That any barrel of a differ- 
 ent form having a capacity of seven thousand and fifty-six cubic 
 inches shall be a standard barrel, and such barrel shall be plainly 
 marked " Vermont standard barrel." The standard box for apples 
 shall be of the following dimensions, by inside measurement; eight- 
 een inches by eleven and a half inches by ten and a half inches, 
 without distention of its parts, and having a capacity of not less than 
 two thousand one hundred and seventy-three and a half cubic inches, 
 and such box shall be plainly marked " Vermont standard box." 
 When a box, barrel or container other than a standard barrel or a 
 standard box, as hereinafter specified, is used, such barrel, box or 
 container shall have plainly specified thereon the number of bushels 
 and parts of a bushel contained therein. 
 
 Sec. 3. Kepeals.— Sections 5949, 5950, and 5959 of the General Laws 
 are hereby repealed. 
 
 General Laws, 1917, ch. 249, p. 1021. 
 
 Sec. 5951, as amended by Laws, 1921, Act 173, p. 179. Marking quan- 
 tity; grade; variety. — Every closed package of apples which is 
 
838 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 packed, sold, distributed, offered or exposed for sale or distribution 
 in the State by any person, shall have affixed in a conspicuous place 
 on the outside thereof a plainly printed statement clearly and truly 
 stating the quantity of the contents and the name and address of the 
 packer, or of the person by whose authority the apples were packed ; 
 * * * Every package of apples which is repacked shall bear the 
 name and address of the repacker, or the name and address of the 
 person by whose authority it is repacked, in place of that of the 
 original packer. Such marks shall be in block letters and figures of 
 not less than thirty-six point gothic. * * * 
 
 Sec. 5952 (1915). Misbranded or adulterated; not to be sold. — A per- 
 son shall not pack, sell, distribute, offer or expose for sale or 
 distribution, apples which are adulterated or misbranded within the 
 meaning of this chapter. 
 
 Sec. 5953. Adulteration construed. ■ — Apples packed in a closed pack- 
 age shall be deemed to be adulterated if their measure, quality, grade 
 or purity does not con form in each particular to the statement and 
 marks required on such package. 
 
 Sec. 5954. Misbranded construed.— Apples in a closed package shall 
 be deemed to be misbranded : 
 
 I. If the package fails to bear all statements and marks required 
 by the third and fifth preceding sections [sec. 5951 and sec. 1, Act 
 173, Laws, 1921] ; * * * 
 
 Sec. 5957. Adulterating, misbranding, etc. — A person who adulterates 
 or misbrands apples within the meaning of this chapter, or a person 
 who packs, sells, distributes, offers or exposes for sale or distribution, 
 apples in violation of a provision of this chapter shall be fined not 
 more than ten dollars for the first offense and, for each subsequent 
 offense, not more than twenty-five dollars. 
 
 General Laws, 1917, ch. 251, p. 1027. 
 
 Sec. 5973, as amended by Laws, 1921, Act 174, p. 181. Commercial fer- 
 tilizers, net weight to be shown. — Every lot or parcel of commercial 
 fertilizer sold, offered or exposed for sale shall be accompanied by 
 a plainly printed statement,, clearly and truly certifying the number 
 of net pounds of fertilizer in a package, the name, brand or trade- 
 mark under which the fertilizer is sold, the name and address of the 
 manufacturer or importer, * * *. 
 
 Sec. 5982 (al912). Statement of contents; net weight. — Every lot or 
 parcel of concentrated commercial feeding stuffs as defined in this 
 chapter, used for feeding farm livestock, sold, offered or exposed 
 for sale, shall have a plainly printed statement conspicuously af- 
 fixed thereto clearly and truly certifying the number of net pounds 
 of feeding stuff in a package, the name, brand or trade-mark under 
 which the article is sold, the name and address of the manufacturer 
 or importer, * * *. If the feeding stuff is sold in bulk at retail 
 or put up in packages belonging to the purchasers, the agent or 
 dealer shall, upon request of the purchaser furnish him with the 
 certified statement named in this section. 
 
 General laws, 1917, ch. 252, p. 1033. 
 
 Sec. 6000 (1908). Paints and compounds, statements of contents or 
 measure. — A person, firm or corporation that manufactures for sale, 
 sells or exposes for sale within this State, white lead, paint, or 
 
VERMONT 839 
 
 compound intended for use as such, shall label the same by a label 
 printed in the English language and in clear and distinct gothic 
 letters, stating, with substantial accuracy, the per cent of white 
 lead * * * the name and residence of the manufacturer of the 
 paint, or of the distributor thereof, or of the party for whom the 
 same is manufactured, the per cent of solid and liquid material 
 used, and the net measure of the contents of the container of all 
 liquid or mixed paints, and the net weight of the contents of the 
 package of all paste and semipaste paints sold by weight, or if sold 
 by measure, the net measure of such package. * * * 
 
 Laws, 1919, Act. No. 162, p. 175. 
 
 Sec. 1. Marking of weight; variations; regulations. — A dealer or his 
 employee who sells, offers or .exposes for sale food in containers or 
 package form shall have the correct net quantity of the contents 
 plainly and conspicuously marked on the outside of the package or 
 container in terms of weight, measure or numerical count; hoAvever, 
 reasonable variations shall be permitted and allowance and exemp- 
 tions as to small packages shall be established by rules and regula- 
 tions made from time to time by the commissioner of weights and 
 measures. 
 
 Sec. 2. Prosecution; guaranty. — A dealer shall not be prosecuted 
 imder the provisions of this act if he shows a guaranty signed by 
 the wholesaler, jobber, manufacturer, dealer or other person, from 
 whom he purchased such articles, to the effect that the same are 
 correctly marked or labeled within the meaning of this act, desig- 
 nating it. Such guaranty, to afford protection, shall contain the 
 name and address of the person making the sale of such articles to 
 such dealer. The name appearing on the container and the marking 
 as provided by section 1 shall be deemed to constitute a guaranty. 
 If it shall appear that any of the provisions of this act have been 
 violated and the party or parties giving such guaranty are without 
 the State, no action shall be brought but the commissioner of weights 
 and measures shall present the facts to the proper national authori- 
 ties for their action. 
 
 Sec. 3. Meaning of terms. — A package or retainer shall for the pur- 
 poses of this act be exposed for sale when it is kept or displayed at 
 a place of business where commodities are bought or sold, and the 
 word " weight " shall be construed to mean net weight. 
 
 Sec. 4. Contracts. — If commodities are sold by weight, it shall be 
 understood to mean the net weight of all commodities so sold; and 
 all contracts concerning goods sold by weight shall be understood 
 and construed accordingly. 
 
 Sec. 5. Penalty. — A person who, himself or by his servant or agent, 
 or as a servant or agent of another violates the provisions of this 
 act shall be fined not more than one hundred dollars for the first 
 offense and not more than two hundred dollars for each succeeding 
 offense. 
 
 Laws, 1921, Act. 261, p. 249. 
 
 Sec. 1. Standard time. — The standard time within the State of Ver- 
 mont shall be based on the mean astronomical time of the seventy- 
 fifth degree of longitude west from Greenwich, known and desig- 
 nated as " United States standard eastern time." 
 
VIRGINIA 
 Laws, 1926, ch. 121, p. 115. 
 
 Section 1. Offices abolished. — That the offices of dairy and food com- 
 missioner and deputy dairy and food commissioner, including the 
 office of superintendent of weights and measures, be, and they are, 
 hereby severally abolished. 
 
 Sec. 2. Powers and duties transferred. — All the powers conferred and 
 all the duties imposed by law upon the. dairy and food commissioner, 
 the deputy dairy and food commissioner, and the superintendent of 
 weights and measures, shall hereafter be exercised or performed by 
 the commissioner of agriculture and immigration, without additional 
 compensation, under the direction of the board of agriculture and 
 immigration. 
 
 Sec. 3. Unexpended balances of appropriations transferred. — The un- 
 expended balance of any appropriation made to the dairy and food 
 division, or to the dairy and food commissioner, or to the superin- 
 tendent of weights and measures, is hereby transferred to the com- 
 missioner of agriculture and immigration, for the purpose named in 
 the appropriation, but as far as necessary he shall use the existing 
 force in performing the additional duties imposed and exercising 
 the additional powers conferred by this act. 
 
 Laws, 1924, ch. 216, p. 321, as amended by Laws, 1926, ch. 145, p. 248. 
 
 Section 1. Standard weights and measures. — The weights and meas- 
 ures received from the United States under joint resolutions of Con- 
 gress, approved June fourteenth, eighteen hundred and thirty-six, 
 and July 27, eighteen hundred and sixty-six, and such new weights 
 and measures as shall be received from the United States as standard 
 weights and measures in addition thereto or in renewal thereof, and 
 such as shall be supplied by the State in conformity therewith and 
 certified by the National Bureau of Standards shall be the State 
 standards of weights and measures. 
 
 Sec. 2. State superintendent of weights and measures. — The dairy and 
 food commissioner * shall ex officio be State superintendent of weights 
 and measures. 
 
 Sec. 3. Office standards; verification and use. — In addition to the 
 State standard of weights and measures, provided for above, there 
 shall be supplied by the State, at least one complete set of copies 
 of these, to be kept at all times in the office of the State superin- 
 tendent, and to be known as office standards ; and such other weights, 
 measures and apparatus as may be found necessary to carry out the 
 provisions of this act, to be known as working standards. Such 
 weights, measures, and apparatus shall be verified by the State super- 
 intendent upon their initial receipt and at least once in each year 
 thereafter, the office standards by direct comparison with the State 
 
 1 Now the commissioner of agriculture and immigration. See Laws, 1926, ch. 121, supra. 
 840 
 
VIRGINIA 841 
 
 standards, the working standards by comparison with the office 
 standards. When found accurate upon these tests the office and 
 working standards shall be sealed by stamping on them the letter 
 " V " and the last two figures of the year with seals which the State 
 superintendent shall have and keep for that purpose. The office 
 standards shall be used in making all comparisons of weights, meas- 
 ures and weighing or measuring devices submitted for test in the 
 office of the superintendent and the State standards shall be used 
 only in verifying the office standards and for scientific purposes. 
 
 Sec. 4. Custody and care of standards. — The superintendent shall take 
 charge of the standards adopted by this act as standards of the 
 State, and cause them to be kept in a safe and suitable place in the 
 city of Richmond, from which place they shall not be removed 
 except for repairs or for certification, and he shall submit them to 
 at least once in ten years to the National Bureau of Standards for 
 certification. He shall keep a complete record of the standards, 
 balances, and other apparatus belonging to the State and take a 
 receipt for the same from his successor in office. He shall annually, 
 on the thirty-first day of December, make to the governor a report 
 of all work done by his office during the twelve months next preced- 
 ing the first day of October. 
 
 Sec. 5. Local sealers, appointment of; term of office; salaries. — The 
 board of supervisors of the respective counties, and the councils or 
 other governing bodies of the respective cities, may appoint for their 
 respective counties and cities a local sealer of weights and meas- 
 ures: Provided, however, That two or more counties may appoint 
 jointly for their respective counties and towns a local sealer, subject 
 to the approval of the State director of weights and measures : And 
 provided, further, That if in any particular city or county the serv- 
 ices of a full-time local sealer be not required, the council or board 
 of supervisors of such city or county may appoint a part-time local 
 sealer of weights and measures. 
 
 Local sealers appointed under this section shall hold office for such 
 terms, and shall receive such salaries, as the appointing power may 
 prescribe. The salaries herein provided for shall be paid out of the 
 county or city treasury, as the case may be and no fee shall be 
 charged by the local sealer, or by the county or city, for inspecting, 
 testing or sealing, or the repairing or adjusting of weights, measures, 
 cr weighing or measuring, devices. Local sealers appointed under 
 this section may be removed at any time, by the authority which 
 appointed them, for nonfeasance, misfeasance, or malfeasance in 
 office. 
 
 Sec. 6. County and city standards, preservation and custody. — The 
 board of supervisors of each county, and the council or other govern- 
 ing body of each city, appointing a sealer under the provisions of 
 this act shall procure at the expense of the county or city, and shall 
 keep at all times a set of weights and measures and other apparatus 
 as complete, and of such materials and construction as the State 
 superintendent of weights and measures may direct. All such 
 weights and measures, and other apparatus having been tried and 
 accurately proven by the State superintendent shall be sealed and 
 certified to by him as hereinbefore provided, and shall be then de- 
 posited with and preserved by the county or city sealer as public 
 standards for each county or city. 
 
842 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 7. Local sealers, powers and duties. — When not otherwise pro- 
 vided by law the county or city sealer shall have the power and it 
 shall be his duty within his county or city to inspect, test, try, and 
 ascertain if they are correct all weights, measures, and weighing or 
 measuring devices kept, offered, or exposed for sale, sold, or used or 
 employed within the county or city by any proprietor, agent, lessee, 
 or employee in proving the size, quantity, area, or measurement of 
 quantities, things, produce, or articles for distribution or consump- 
 tion purchased or offered or submitted by such person or persons for 
 sale, hire, or award; and he shall have the power to and shall from 
 time to time weigh or measure and inspect packages, or amounts of 
 commodities of whatsoever kind kept for the purpose of sale, 
 offered or exposed for sale, or sold or in the process of delivery, in 
 order to determine whether the same contain the amounts repre- 
 sented, and whether they be kept, offered, or exposed for sale or sold 
 in a manner in accordance with law; he shall at least twice each year 
 t'nd as much oftener as he may deem necessary see that all weights, 
 measures, and weighing or measuring devices used in the county or 
 city are correct. He may for the purpose above mentioned, and in 
 the general performance of his official duties, enter and go into or 
 upon, and without formal warrant, any stand, place, building, or 
 premises, or stop any vendor, peddler, junk dealer, coal wagon, ice 
 wagon, delivery wagon, or any person whomsoever, and require him, 
 if necessary, to proceed to some place which the sealer may specify, 
 for the purpose of making the proper tests. Whenever the county 
 or city sealer finds a violation of the statutes relating to weights and 
 measures, he shall cause the violator to be prosecuted. 
 
 Sec. 8. Testing and sealing weights and measures. — Whenever the 
 county or city sealer compares weights, measures or weighing or 
 measuring devices and finds that they correspond or causes them to 
 correspond with the standards in his possession, he shall seal or 
 mark such weights, measures, or weighing or measuring devices 
 with appropriate devices to be approved by the State superintendent 
 of weights and measures. 
 
 Sec. 9. Incorrect weights and measures may be condemned or confis- 
 cated, when. — The county or city sealer shall condemn and seize and 
 may destroy incorrect weights, measures, or weighing or measuring 
 devices which, in his best judgment, are not susceptible of satisfac- 
 tory repair, but such as are incorrect and, yet, in his best judgment 
 may be repaired, he shall mark or tag as " condemned for repairs " 
 in a manner prescribed by the State superintendent of weights and 
 measures. The owners or users of any weights, measures, or weigh- 
 ing or measuring devices of which such disposition is made shall 
 have the same repaired and corrected within ten days, and they may 
 neither use nor dispose of the same in any way, but shall hold the 
 same at the disposal of the sealer. Any weights, measures, or weigh- 
 ing or measuring devices which have been " condemned for repairs," 
 and have not been repaired as required above, shall be confiscated by 
 the sealer. 
 
 Sec. 10. Annual report; record of official acts.— The county or city 
 sealer shall keep a complete record of all of his official acts, and shall 
 make an annual report to the authority which appointed him, and an 
 annual report duly sworn to, on the first day of October, to the State 
 
VIRGINIA 843 
 
 superintendent of weights and measures, on blanks furnished by the 
 latter, and also, any special reports that the latter may request. 
 
 Sec. 11. False weights and measures, use of as evidence; police 
 powers. — The superintendent of weights and measures and the county 
 and city sealers are hereby authorized and empowered to seize for 
 use as evidence, without formal warrant, any false or unsealed 
 weight, measure or weighing or measuring device or package or 
 amount of commodity found to be used, retained or offered or ex- 
 posed for sale or sold in violation of law. 
 
 That there is hereby conferred upon the superintendent, his assist- 
 ants and inspectors, police power for the purpose of carrying out the 
 provisions of this act only, and in the exercise of their duties they 
 shall upon demand, exhibit their badges to any person questioning 
 their authority, and they are authorized and empowered to make 
 arrests of any person violating any provisions of this act. 
 
 Sec. 12. Hindering or obstructing official; penalty. — Any person who 
 shall hinder or obstruct in any way the superintendent of weights 
 and measures, or any county or city sealer in the performance of his 
 official duties shall be guilty of a misdemeanor, and upon conviction 
 thereof, shall be punished by a fine of not less than twenty, nor more 
 than two hundred dollars, or by imprisonment in jail for not more 
 than three months, or by both such fine and imprisonment. 
 
 Sec. 13. Impersonating; penalty. — Any person who shall impersonate 
 in any way the superintendent of weights and measures, or any 
 county or city sealer, by the use of his seal or counterfeit of his seal, 
 or otherwise, shall be guilty of a misdemeanor, and, upon conviction 
 thereof, shall be punished by a fine of not less than one hundred nor 
 more than five hundred dollars, or by imprisonment for not more 
 than one year, or by both such fine and imprisonment. 
 
 Sec. 14. Manner of sale of commodities; terms defined. — It shall be 
 unlawful to sell, except for immediate consumption on the premises, 
 liquid commodities in any other manner than by weight or liquid 
 measure, or commodities not liquid in any other manner than by 
 measure of length, by weight, or by numerical count, unless other- 
 wise agreed in writing by the mutual consent of the buyer and seller : 
 Provided, however, That nothing in this section shall be construed to 
 prevent the sale of fruits, vegetables, and other dry commodities in 
 the standard barrel provided for in section twenty-four ; or of berries 
 and small fruits in boxes as provided for in section twenty-five; or 
 of vegetables or fruits usually sold by the head or bunch in this man- 
 ner: Provided further, That nothing in this section shall be con- 
 strued to apply to foodstuffs put up in original packages. 
 
 For the purpose of this section the term " original package " shall 
 be construed to include a commodity in a package, carton, case, can, 
 barrel, bottle, box, phial or other receptacle, or in coverings or wrap- 
 pings of any kind, put up by the manufacturer, which may be 
 labeled, branded, or stenciled, or otherwise marked, or which may be 
 suitable for labeling, branding, or stenciling, or marking, otherwise, 
 making one complete package of the commodity. The words " origi- 
 nal package " shall be construed to # include both the wholesale and 
 the retail package. 
 
 For the purpose of this section the term " commodities not liquid " 
 shall be construed to include goods, wares and merchandise, which 
 are not in liquid form and which have heretofore been sold by meas- 
 
844 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ure of length, by weight, by measures of capacity, or by numerical 
 count, or which are susceptible of sale in any of these ways. 
 
 Sec. 15. Cord; weight per bushel of products. — A cord contains one 
 hundred and twenty-eight cubic feet, being eight feet long, four feet 
 high, and four feet wide, or the equivalent thereof ; and in all meas- 
 urements of wood, tan bark or other things subject to such measure- 
 ments the foregoing shall be the true and legal standard, any usage, 
 by law or ordinance of any corporation, railroad or other company to 
 the contrary, notwithstanding. And in all sales by weights of the 
 agricultural products hereinafter named, the number of pounds per 
 bushel as stated in the following schedule shall be the true and legal 
 standard : 2 
 
 Pounds 
 
 Alfalfa seed 60 
 
 Barley 48 
 
 Navy and soj a beans 60 
 
 Blue grass seed 14 
 
 Bran 20 
 
 Buckwheat 48 
 
 Carrots 50 
 
 Castor beans 46 
 
 Chestnuts 57 
 
 Clover seed 60 
 
 Coal (anthracite) 80 
 
 Corn (in ear) 70 
 
 Corn (shelled) 56 
 
 Corn meal 48 
 
 Dried apples 28 
 
 Dried peaches (peeled) 40 
 
 Dried peaches (unpeeled) 32 
 
 Flaxseed 56 
 
 Hemp seed 44 
 
 Hungarian grass seed 48 
 
 Lime (unslaked) 80 
 
 Sec. 16. Barrel of flour; weights to be marked; penalty. — Every barrel 
 of flour put up or manufactured in this State, shall contain not less 
 than one hundred and ninety-six pounds of flour, and every barrel 
 of flour put up or manufactured in this State, and every barrel 
 shipped into the State, shall have the number of pounds contained 
 therein plainly stamped on one head. If any person or firm doing 
 business in this State willfully or knowingly sell or causes to be sold 
 flour in barrels or packages not so correctly stamped, showing the 
 correct number of pounds contained in such barrels or packages, he 
 or they shall be fined twenty-five dollars ; and the sale of every such 
 barrel or package shall constitute a separate offense. 
 
 Sec. 17. Banks to have weights tested. — Once in every five years the 
 directors of each bank shall have the weights used in such bank 
 tried, proved and sealed, either by the superintendent or a sealer 
 of weights and measures. No tender by any bank in the State, of 
 gold weighed with weights not so sealed, shall be legal. The payer 
 to, or receiver from, any bank, of gold, may require that it shall be 
 weighed in each scale and the mean weight resulting therefrom shall 
 be deemed the true weight. 
 
 Sec. 18. Coal, weighing upon request. — When a dealer or dealers in 
 coal in cities or towns in this State, where public scales are kept, 
 may be requested by a person or persons buying as much as five 
 
 Pounds 
 
 Malt 38 
 
 Millet seed 50 
 
 Oats 32 
 
 Onions 57 
 
 Orchard grass seed 14 
 
 Parsnips 50 
 
 Virginia peanuts 22 
 
 Spanish peanuts 30 
 
 Peas (black eye and other cowpeas) 60 
 
 Potatoes (Irish) 60 
 
 Potatoes (sweet) 56 
 
 Plastering hair 8 
 
 Redtop grass seed 40 
 
 Rye 56 
 
 Salt 50 
 
 Timothy seed 45 
 
 Tomatoes 60 
 
 Turnips 55 
 
 Wheat 60 
 
 Cottonseed 30 
 
 2 A slight change bas been made in the arrangement for convenience of reference. 
 
vibginia 845 
 
 hundred pounds of coal at any one time to weigh such coal upon the 
 public scales, said dealer or dealers shall do so upon such request, 
 the person or persons buying the coal to pay the fee for weighing 
 same, if such shall be of proper weight, otherwise such fee shall be 
 paid by said dealer. Any dealer refusing to weigh or have weighed 
 such coal as required in this section, or to pay such fee for weighing 
 the same as herein required, shall be fined the sum of five dollars for 
 each offense. 
 
 Sec. 19. Coal, coke, and charcoal sold by weight; conditions of sale. — 
 It shall be unlawful to sell or offer to sell any coal, coke or charcoal 
 in any other manner than by weight. No coal, charcoal or coke 
 shall be sold at retail which contains at the time the weight is taken, 
 more water or other liquid substance than is due to natural condi- 
 tions, weather conditions or causes incident to the mining, cleaning 
 or handling of the coal, charcoal or coke, except by and with the con- 
 sent of the purchaser. 
 
 It shall be unlawful for any person to deliver any coal, coke, or 
 charcoal without such delivery being accompanied by a delivery 
 ticket and a duplicate thereof, on each of which shall be in ink or 
 other indelible substance, distinctly expressed in pounds, the gross 
 weight of the load, the tare of the delivery vehicle, and the quantity 
 or quantities of coal, coke or charcoal contained in the vehicle used 
 in such deliveries, with the name of the purchaser thereof, and the 
 name of the dealer from whom purchased. One of these tickets shall 
 be surrendered to the sealer of weights and measures upon his de- 
 mand for his inspection, and this ticket or weight slip issued by 
 him when he desires to retain the original shall be delivered to the 
 said purchaser of said coal, coke or charcoal, or his agent or repre- 
 sentative at the time of the delivery of the fuel ; and the other ticket 
 shall be retained by the seller of the fuel. When the buyer carries 
 away the purchase, a delivery ticket showing the actual number of 
 pounds delivered to him must be given to him at the time the sale 
 is made. 
 
 Sec. 20. Sale of commodities in package form; terms defined. — It shall 
 be unlawful to keep for the purpose of sale, offer or expose for sale, 
 or sell any commodity in package form unless the net quantity of 
 the contents be plainly and conspicuously marked on the outside of 
 the package ; in terms of weight, measure or numerical count : Pro- 
 vided, however, That reasonable variations or tolerances shall be 
 permitted, and that these reasonable variations or tolerances, and 
 also exemptions as to small packages shall be established by rules 
 and regulations made by the superintendent of weights and" meas- 
 ures : And provided further, That this section shall not be construed 
 to apply to those commodities in package form the manner of sale 
 of which is specifically regulated by the provisions of other sections 
 of this act. 
 
 The words " in package form " as used in this section shall be 
 construed to include a commodity in a package, carton, case, can, 
 box, barrel, bottle, phial, or other receptacle, or in coverings or wrap- 
 pings of any kind put up by the manufacturer, or when put up prior 
 to the order of the commodity, by the vendor, which may be labeled, 
 branded, or stenciled, or otherwise marked, or which may be suitable 
 for labeling, branding or stenciling, or marking otherwise, making 
 
846 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 one complete package of the commodity. The word " package " 
 shall be construed to include both the wholesale and retail package. 
 
 Sec. 21. Net weight or amount of textile material to be marked. — It 
 shall be unlawful to keep for the purpose of sale, offer or expose for 
 sale, or sell any commodity composed in whole or in part of cotton, 
 wool, linen, or silk, or any other textile material on a spool or similar 
 holder, or in a container or band, or in a bolt or roll, or in a ball, 
 coil or skein, or in any similar manner, unless the net amount of the 
 commodity in terms of weight or measure shall be definitely, plainly, 
 and conspicuously marked on the principal label, if there be such a 
 label; otherwise on a wrapper, band, or tag attached thereto. The 
 words " spool or similar holder, container, or band, bolt or roll, or 
 ball, coil, or skein," shall be construed to include the spool or similar 
 holder, container or band, bolt, or roll, or ball, coil, or skein put up 
 by the manufacturer ; or, when put up prior to the order of the com- 
 modity, by the vendor. It shall be held to include both the wholesale 
 and the retail package. 
 
 Sec. 22. Ice to be sold by weight; conditions of sale. — It shall be 
 unlawful for any person, firm or corporation to sell ice in this Com- 
 monwealth in any other manner than by weight. All ice shall be 
 correctly weighed by the seller at the time of delivery to the pur- 
 chaser. All agents or employees of any person, firm or corporation 
 engaged in the sale and delivery of ice shall be provided with suit- 
 able and correct weighing devices to be used for the purpose of 
 correctly weighing each piece of ice delivered, and it shall be unlaw- 
 ful for any such agent or employee to report or make a charge for 
 any quantity of ice in excess of the quantity, in pounds, or fraction 
 thereof, actually delivered according to the correct weight thereof. 
 It shall be unlawful for any person, firm, or corporation delivering 
 ice to refuse, on demand, to allow the purchaser to witness the 
 weighing of the same at the time of delivery, or to refuse, on demand, 
 to furnish the purchaser with a weight slip at the time of delivery 
 containing the name of the person, firm or corporation selling the 
 ice, the number of pounds sold, and signed by the agent or employee 
 of such person, firm or corporation. 
 
 Sec. 23. Bottles for milk and cream; capacities and markings; penalty 
 for violation; not required to be sealed. — Bottles used for the sale of 
 milk or cream shall be of the capacity of one-half gallon, three 
 pints, one quart, one pint, one-half pint, and one gill. Bottles or 
 jars used for the sale of milk or cream shall have clearly blown or 
 otherwise permanently marked in the side of the bottle the capacity 
 of the bottle and the word " sealed," and in the side or bottom of 
 the bottle the name, initials, or trademark of the manufacturer, and 
 a designating number, which designation shall be different for each 
 manufacturer and may be used in identifying the bottles. The 
 designating number shall be furnished by the State superintendent 
 of weights and measures upon application by the manufacturer, and 
 upon the filing by the manufacturer of a bond in the sum of one 
 thousand dollars, with sureties, to be approved by the attorney 
 general, conditioned upon their conformance with the requirements 
 of this section. A record of the bonds furnished and the designating 
 numbers and to whom furnished shall be kept in the office of the 
 superintendent of weights and measures. 
 
VIRGINIA 847 
 
 Any manufacturer who sells or offers to sell milk or cream bottles 
 to be used in the State that do not comply as to size and markings 
 with the provisions of this section shall suffer a penalty of five hun- 
 dred dollars, to be recovered by the attorney general in an action 
 against the offender's bondsmen, to be brought in the name of the 
 Commonwealth. Any dealer who uses, for the purpose of selling 
 milk or cream, jars, or bottles purchased after this law takes effect 
 that do not comply with the requirements of this section as to mark- 
 ings and capacity, shall be deemed guilty of using a false or insuffi- 
 cient measure. 
 
 Sealers of weights and measures are not required to seal bottles or. 
 jars for milk or cream marked as in this section provided, but they 
 shall have the power to, and shall from time to time, make tests on 
 individual bottles used by the various firms in the territory over 
 which they have jurisdiction, in order to ascertain if the above pro- 
 visions are being complied with, and they shall immediately report 
 violations found to the State superintendent of weights and 
 measures. 
 
 Sec. 24. Standard barrel for fruits and vegetables ; standard cranberry 
 barrel; penalty. — The standard barrel 3 for fruits, vegetables, and other 
 dry commodities other than apples and cranberries, shall be of the 
 following dimensions when measured without distention of its parts : 
 Length of staves, twenty-eight and one-half inches; diameter of 
 heads, seventeen and one-eighth inches; distance between heads, 
 twenty-six inches ; circumference of bulge, sixty-four inches, outside 
 measurement; and the thickness of staves not greater than four- 
 tenths of an inch : Provided, That any barrel of a different form, 
 having a capacity of seven thousand and fifty-six cubic inches, shall 
 be a standard barrel. The standard barrel for cranberries shall be 
 of the following dimensions when measured without distention of its 
 parts : Length of staves, twenty-eight and one-half inches ; diameter 
 of heads, sixteen and one-fourth inches; distance between heads, 
 twenty-five and one-fourth inches; circumference of bulge, fifty- 
 eight and one-half inches, outside measurements; and the thickness 
 of staves not gerater than four-tenths of an inch. 
 
 It shall be unlawful for any person to offer or expose for sale, sell, 
 or ship any other barrels for fruits, vegetables, or other dry com- 
 modities, or to offer or expose for sale, sell, or ship any fruits, vege- 
 tables or other dry commodities in other barrels than the standard 
 barrels as defined in this section, or subdivisions thereof known as 
 the third, half, or three-quarters barrel: Provided, however, That 
 nothing in this section shall apply to barrels used in packing or 
 shipping apples and commodities sold exclusively by weight or nu- 
 merical count : And provided further, That no barrel shall be deemed 
 below standard within the meaning of this section when shipped to 
 any foreign country and constructed according to the specifications 
 or directions of the foreign purchaser if not constructed in conflict 
 with the laws of the foreign country to which the same is intended to 
 be shipped. 
 
 Sec. 25. Sale of berries and small fruits; size of baskets or containers. — 
 It shall be unlawful to sell or offer to sell any berries or small fruits 
 
 8 See note, p. 20, relative to the Federal standard barrel. 
 517—27 54 
 
848 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 in any other manner than by weight, or in the containers described 
 in this section. It shall be unlawful to procure or keep for the pur- 
 pose of sale, offer or expose for sale, sell, or give away baskets or 
 other open containers for berries or small fruits, holding one quart 
 or less, or to procure or keep for the purpose of sale, offer or expose 
 for sale, or sell berries or small fruits and baskets or other open 
 containers, holding one quart or less, of any other than the following 
 capacities when level full: One quart, one pint, or one-half pint, 
 standard dry measure. 
 
 Sec. 26. Commodities to be sold by net weight. — Whenever any com- 
 modity is sold on a basis of weight, it shall be unlawful to employ 
 any other weight in such sale than the net weight of the commodity 
 and all contracts concerning goods sold on a basis of weight shall be 
 understood and construed accordingly. Whenever the weight of a 
 commodity is mentioned in this act, it shall be understood and con- 
 strued to mean the net weight of the commodity at the time of de- 
 livery to the customer. 
 
 Sec. 27. Using false or unsealed weights or measures, or selling con- 
 trary to law ; penalty. — Any person who, by himself or by his servant 
 or agent, or as the servant or agent of another person, shall offer or 
 expose for sale, sell, use in the buying or selling of any commodity or 
 thing or for hire or award, or retain in his possession a false weight 
 or measure or weighing or measuring device, which has not been 
 sealed by the State superintendent or by a sealer or deputy sealer of 
 weights and measures within one year, or shall dispose of any con- 
 demned weight, measure, or weighing or measuring device contrary 
 to law, or remove any tag placed thereon by the State superintendent 
 or by a sealer of weights and measures ; or who shall sell or offer or 
 expose for sale less than the quantity he represents, or shall take or 
 attempt to take more than the quantity he represents, when, as the 
 buyer, he furnishes the weight, measure, or weighing or measuring 
 device by means of which the amount of commodity is determined; 
 or who shall keep for the purchase [purpose] of sale, offer or expose 
 for sale, or sell any commodity in a manner contrary to law ; or who 
 shall violate any provisions of this act for which a specific penalty 
 has not been provided; or who shall sell or offer for sale, or use or 
 have in his possession for the purpose of selling or using any device 
 or instrument to be used to or calculated to falsify any weight or 
 measure shall be guilty of a misdemeanor, and shall be punished by a 
 fine of not less than twenty or more than two hundred dollars, or by 
 imprisonment for not more than three months, or by both such fine 
 and imprisonment upon a first conviction, and upon a second or 
 subsequent conviction he shall be punished by a fine of not less than 
 fifty or more than five hundred dollars, or by imprisonment in jail 
 for not more than one year or by both such fine and imprisonment. 
 
 Sec. 28. Definition of terms. — The word " person " as used in this act 
 shall be construed to import both the plural and singular, as the case 
 demands, and shall include corporations, companies, partnerships, 
 firms, societies, and associations. 
 
 The words " weights, measures, or (and) weighing or (and) 
 measuring devices," as used in this act, shall be construed to include 
 all weights, scales, beams, measures of every kind, instruments and 
 mechanical devices for weighing or measuring, and any appliances 
 and accessories connected with any or all such instruments. 
 
VIRGINIA 849 
 
 The words " sell " or " sale " as used in this act, shall be construed 
 to include barter and exchange. 
 
 Sec. 29. Repeal. — Sections fourteen hundred and sixty-four to four- 
 teen hundred and seventy, both inclusive, and sections fourteen hun- 
 dred and seventy-two to fourteen hundred and eighty-five, both 
 inclusive, of the Code of Virginia, are hereby repealed. 
 
 Sec. 30. Further powers and duties of commissioner of agriculture and 
 immigration; appointment of employees as sealers of weights and meas- 
 ures. — The commissioner of agriculture and immigration, as ex officio 
 superintendent of weights and measures, shall, in addition to the 
 powers hereinbefore conferred upon him, have, throughout the Com- 
 monwealth, all the powers and authority of a sealer of weights and 
 measures. Furthermore, it shall be the duty of the commissioner of 
 agriculture and immigration to appoint, as inspectors of weights 
 and measures, such of the employees of his office as he may deem 
 necessary for the better and more efficient enforcement of this act, 
 and such employees, when so designated by the commissioner of agri- 
 culture and immigration, shall throughout the limits of the Common- 
 wealth, have all the powers and authority conferred upon a sealer 
 of weights and measures by this act, and the State superintendent 
 and sealers of weights and measures shall be guided in the per- 
 formance of their duties by the Department of Commerce, Bureau 
 of Standards, manual of inspection and information for weights 
 and measure officials. 
 
 Code, 1919, Vol. 1, ch. 62, p. 542. 
 
 Sec. 1471, as amended by laws, 1920, ch. 171, p. 244. "Weight of barrel 
 of apples ; size of apple barrels ; stamping " short barrels " ; penalty. — 
 When apples are bought or sold by weight in this State, the quantity 
 constituting a bushel shall be forty-five pounds, and the quantity 
 constituting a barrel shall be one hundred and thirty-five pounds. A 
 barrel 4 for use in packing, selling, or shipping apples shall be of 
 the following dimensions: Head diameter, seventeen and one-eighth 
 inches; length of stave, twenty-seven and one-half inches; bulge, 
 not less than sixty-four inches, outside measurement. Every person 
 buying or selling apples in this State by the barrel shall be under- 
 stood as referring to the quantity or size of the barrel herein speci- 
 fied. No person in this State shall hereafter use or cause to be 
 used, or have in his possession, barrels, for the sale of apples, of 
 a size less than the size specified in this section, unless each of 
 the same is plainly stamped on the outside thereof, and on each 
 head with the words " short barrel " in letters not less than two 
 inches in height. * * * 
 
 2. Any person, firm or corporation violating any provision of this 
 section shall be guilty of a misdemeanor, and for such offense 
 shall be fined not exceeding fifty dollars for the first offense, and 
 for each subsequent offense not exceeding one hundred dollars; 
 and such fines less legal cost and charges, shall be paid into the 
 treasury of the State. 
 
 It shall be the duty of the dairy and food commissioner to enforce 
 the provisions of this section and he shall make an annual report 
 to the governor on or before the thirty-first day of January of 
 
 * See footnote, p. 20, relative to the Federal standard barret 
 
850 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 each year, giving a detailed account of fees collected and money 
 disbursed by him under the provisions of this section. 
 
 Code, 1919, Vol. 1, ch. 53, p. 480. 
 
 Sec. 1260, as amended by Laws, 1918, ch. 406', p. 672. Power of the com- 
 missioner of agriculture and immigration, to investigate. — * * * The 
 commissioner of agriculture and immigration is hereby authorized, 
 in his discretion, to designate one or more fit and proper persons, 
 in any city or county in this State, who shall be known as "official 
 weighers of agricultural produce." Upon the request of any con- 
 signor of farm produce, which is sold by weight, the commissioner 
 shall require an official weigher of the city or county to which the 
 said produce is shipped, to supervise the weighing of the said 
 produce. The said weigher shall thereupon prepare, in triplicate, 
 upon forms furnished by the commissioner, a certificate of the actual 
 weight of such produce, one copy of the said certificate to be left 
 with the consignee, one copy mailed by the commissioner to the con- 
 signor and the third copy to be kept on file by the commissioner. 
 In all questions arising under the provisions of this act, the certifi- 
 cate of the weigher, when duly sworn to, shall be prima facie evi- 
 dence of the fact or facts therein certified. The commissioner is 
 hereby authorized, by and with the consent of the board of agri- 
 culture and immigration, to adopt rules and regulations necessary 
 to carry out the foregoing provisions and to fix the compensation 
 of the said official weighers, and for their services in weighing and 
 certifying the weights of agricultural produce, as herein above pro- 
 vided, the said weighers shall be paid such sum as may be fixed by 
 the said commissioner, said compensation to be paid from such 
 appropriation as may be made for the purpose of carrying out the 
 provisions of this act. * * * 
 
 Code, 1919, Vol. 1, ch. 121, p. 1163. 
 
 Sec. 3033 (1908). Powers of councils of cities or towns as to weights 
 and measures. — The council of any city or town shall have power to 
 provide for the weighing or measuring of hay, coal or any other 
 article for sale, * * *. 
 
 Code, 1919, Vol. 1, ch. 51, p. 438. 
 
 Sec. 1182 (al916). Food packages, quantity of contents to be marked.— 
 The term " misbranded " as used in this chapter shall apply to all 
 articles of food, or articles which enter into the composition of food, 
 the package or label of which shall bear any statement, design or 
 device regarding such article, or the ingredients or substance con- 
 tained therein, which shall be false or misleading in any particular, 
 and to any food product which is falsely branded as to the State, 
 Territory, or country in which it is manufactured or produced. 
 
 An article shall also be deemed misbranded : 
 
 Third. If in package form, and the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package in 
 terms of weight, measure or numerical count: Provided, hoioever, 
 That such reasonable variations shall be permitted, and tolerances 
 and also exemptions as to small packages as shall be or are estab- 
 lished by rules and regulations made in accordance with the pro- 
 visions of section eleven hundred and eighty-five. 
 
VIRGINIA 851 
 
 Laws, 1920, ch. 388, p. 576. 
 
 Sec. 3. Weights and labels. — All bread stored, sold, offered or ex- 
 posed for sale by the loaf shall have conspicuously affixed thereon 
 a label on which shall be printed in the English language in letters 
 and figures not smaller than one-fourth inch in height, the net weight 
 of the loaf, when baked. The number and address of the baker or 
 manufacturer of the loaf shall also be shown on the same label. 
 
 The dairy and food commissioner, with the approval of the board 
 of agriculture and immigration, shall adopt and establish such 
 reasonable tolerances or variations within which the weights of 
 loaves shall be kept: Provided, however, That such tolerances and 
 variations shall not exceed one ounce per loaf on loaves weighing 
 less than one pound or two ounces on loaves weighing more than 
 two pounds twelve hours after baking. 
 
 Sec. 4. — The dairy and food commissioner is hereby charged with 
 the enforcement of the provisions of this act. 
 
 Sec. 5. Penalty. — Any person, firm or corporation who shall violate 
 any of the provisions of this act shall be subject to a fine of not less 
 than ten dollars, nor more than one hundred dollars, and each day's 
 continuance of any practice, act or condition prohibited herein shall 
 constitute a separate offense within the meaning of this act. 
 
 Laws, 1924, ch. 369, p. 532. 
 
 Sec. 1. Standard weights for corn-mill products. — That the standard 
 of weights for the following corn-mill products, namely, flours, 
 hominy, grits, and meals, shall be one hundred pounds avoirdupois, 
 and the standard measure for such commodities, when the same are 
 packed for sale, shipped, sold, or offered for sale in packages of five 
 pounds or over, shall be a package containing net avoirdupois weight 
 one hundred pounds, or a multiple of one hundred pounds, or one of 
 the following fractions thereof ; five, ten, twenty-five or fifty pounds, 
 and each of which packages shall bear a plain, legible and conspicu- 
 ous statement of the net weight contained therein. 
 
 Sec. 2. Standard packages. — That the standard package for the fol- 
 lowing corn-mill products, namely, flours, hominy, grits, and meals, 
 when the same are packed, shipped, sold, or offered for sale in pack- 
 ages of five pounds or over, shall be those containing net avoirdu- 
 pois weight one hundred pounds, or multiples of one hundred 
 pounds, or the following fractions thereof ; five, ten, twenty-five, and 
 fifty pounds : Provided, however, That the provisions of this section 
 shall not apply to the retailing of meal direct to customers from 
 bulk stock, when purchased and delivered by actual weight or meas- 
 ure, or to exchange of corn for meal by mills grinding for toll. 
 
 That it shall be unlawful for any person, firm, or corporation, 
 or association to pack, or cause to be packed for sale, to ship or 
 offer for shipment, or to sell, or offer for sale, the following corn- 
 mill products, namely, flours, hominy, grits, and meals, which when 
 in original unbroken package form, shall not be one of the standard 
 measures established in section two hereof and bear a plain, legible, 
 and conspicuous statement of the net weight contained therein ; and 
 any person, firm, corporation, or association guilty of a violation of 
 the provisions of this act shall be deemed guilty of a misdemeanor 
 and be liable to a fine not exceeding three hundred dollars. By the 
 
852 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 term " in original unbroken form " as used in this act, is meant any 
 form of package or carton or other container made or prepared to 
 contain products for sale in such original package or other container 
 and purporting to contain any specific weight or measure. 
 
 Sec. 3. Rules and regulations. — The dairy and food commissioner, 
 with the approval of the board of agriculture and immigration, 
 may establish the necessary rules and regulations for the enforce- 
 ment of this act. 
 
 Sec. 5. Exemptions. — Provided, That nothing in this bill shall be 
 construed as applying to packages under five pounds. 
 
 Laws, 1922, ch. 344, p. 572. 
 
 Sec. 1. Standard barrels for lime. — That there is hereby established a 
 large and a small barrel of lime, the large barrel to consist of two 
 hundred and eighty pounds and the small barrel to consist of one 
 hundred and eighty pounds, net weight, 
 
 Sec. 2. Markings required. — It shall be unlawful for any person to 
 sell or offer for sale lime in this State in barrels unless there shall 
 be stenciled or otherwise clearly marked on one or both heads of the 
 small barrel the figures u 180 lbs. net " and of the large barrel the 
 figures " 280 lbs. net," and on either barrel in addition the name of 
 the manufacturer of the lime and where manufactured. 
 
 Sec. 3. Container of less capacity than barrel, markings required. — 
 When lime is sold in containers of less capacity than the standard 
 small barrel, it shall be sold in fractional parts of said standard 
 small barrel, and the net weight of lime contained in such container 
 shall by stencil or otherwise be clearly marked thereon, together 
 with the name of the manufacturer thereof, and the name of the 
 brand, if any, under which it is sold. 
 
 Sec. 4. Unlawful to sell barrels or other containers unless marked as 
 provided. — It shall be unlawful to pack, sell, or offer for sale in this 
 State any barrels or other containers of lime which are not marked 
 as provided in sections two and three of this act, or to sell, charge 
 for, or. purport to deliver as a large or small barrel or a fractional 
 part of said small barrel of lime, any less weight of lime than is es- 
 tablished by the provisions of this act. 
 
 Sec. 5. Cement, packages to be marked with net weight. — Every bar- 
 rel, box or package of cement sold or offered for sale in this State 
 shall have plainly marked thereon the name and address of the man- 
 ufacturer and the number of pounds net such barrel, box or package 
 contains. 
 
 Sec. 8. Violation. — Any person violating any of the provisions of 
 this act shall be guilty of a misdemeanor. 
 
 Laws, 1922, ch. 431, p. 749. 
 
 Sec. 1. Paint, turpentine, linseed oil, etc., how marked. — That no per- 
 son, firm or corporation shall expose for sale or sell within this State 
 any paint, turpentine, or linseed oil, or any substitute therefor, 
 marked and branded in any manner so as to tend to deceive the pur- 
 chaser thereof as to its nature or composition, or which is not labled 
 [labeled] or marked as hereinafter provided. 
 
 Sec. 4. Markings; net weight or measure must be stated. — The label 
 required by this act shall clearly and distinctly state, in the English 
 
VIRGINIA 853 
 
 language with letters and type of such size and shape as to be easily 
 legible, the name and residence of the manufacturer of the paint, or 
 of the distributor thereof, or of the party for whom the same is man- 
 ufactured, * * * ; such label shall also show the net measure of 
 the contents of the container in United States standard gallons or 
 fraction thereof in case of liquid or mixed paints, and in weight 
 avoirdupois in the case of paste or semi-paste paints. 
 
 Sec. 9. Penalty. — Whoever violates any of the provisions of this 
 act or any section thereof shall be fined not less than twenty-five dol- 
 lars nor more than one hundred dollars, or imprisoned in jail not 
 more than sixty days, for each offense. 
 
 Sec. 11. Not applicable to commodities to be shipped to another State. — 
 Nothing herein shall apply to sales by any manufacturer or jobber 
 in quantities to any industrial plant, or to public service corpora- 
 tions, and any manufacturer, or jobber, may have on hand, keep or 
 store in this State paints, linseed oil, or turpentine not marked or 
 branded in accordance with this act, if the same are intended to be 
 shipped into another State. 
 
 Code, 1919, ch. 128, p. 1260. 
 
 Sec. 3252 (1910). Oyster measures; dimensions of; sale by wine meas- 
 ure, when; penalty; measures may be seized, when. — It shall not be 
 lawful at any time for any person to buy or sell oysters in this 
 State in the shell by any other than one-half bushel or one bushel 
 metallic measures, and such measures shall be iron circular tubs with 
 straight sides and straight solid bottoms with holes in bottom, if de- 
 sired, for draining, such holes to be no larger, however, than one inch 
 in diameter. A half bushel tub shall have the following dimensions 
 (all measurements to be from inside to inside) : Fifteen inches 
 across the top, thirteen inches across the bottom, and seventeen inches 
 diagonally from the inside chine to the top ; and a bushel tub shall 
 measure eighteen and one-half inches across the top, seventeen inches 
 across the bottom, and twenty-one and one-half inches diagonally from 
 the inside chine to the top. When oysters are bought or sold out of the 
 shell it shall be by wine measure, according to the standard prescribed 
 for such measure by section fourteen hundred and sixty-eight 5 of this 
 code. Any person violating any provision of this section shall be 
 fined not less than twenty-five nor more than one hundred dollars 
 for each offense. Moreover, if any inspector or other oyster official 
 have reason to believe that measures not conforming to the above 
 requirements are used on board any vessel or craft, or in any oyster 
 house, he is hereby empowered to search for, seize and destroy such 
 unlawful measures. 
 
 Sec. 3265. Resistance to officer or authorized person by threats, etc. ; 
 penalty. — Any person found guilty of resisting or impeding an officer 
 or other person authorized to make arrests, seizures, examinations 
 or other performances of duties under this chapter shall be fined not 
 less than fifty nor more than five hundred dollars, and if any per- 
 son, by threat, force or display of firearms or other weapons, resist 
 or attempt to prevent arrests, seizures, examinations, or other 
 performances of duties, by said officer or other person he shall, 
 upon conviction thereof, be confined in jail not exceeding one month, 
 
 6 Sec. 1468 repealed by Laws, 1924, ch. 21G, p. 321, which see, supra. 
 
854 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 and fined not less than one hundred nor more than one thousand 
 dollars. 
 
 Sec. 3266. Who may make arrest or seize vessel. — Any member of 
 the commission of fisheries, all inspectors and other officers in the 
 service, shall have authority, with or without warrant to arrest any 
 person and seize any vessel, boat, craft or other thing used in vio- 
 lating any of the provisions of this chapter, together with the cargo 
 of such vessel, boat, or craft, and they shall have the same authority 
 as constables have to summon the posse comitatus to aid them in 
 making such arrest and seizure; and any vessel, boat, craft or other 
 thing, together with the cargo so seized, when not forfeited to the 
 Commonwealth in proper proceedings, may be held by the inspector 
 or other official who made the seizure or in whose district the same 
 was seized, until the accused has paid the penalty of his ofFense if 
 upon trial he is found guilty, or 1ms settled the amount agreed on 
 without trial or has, upon trial, been acquitted, as the case may be. 
 
 Sec. 3273°. Penalty on inspector for neglect of duty as to sealing and 
 inspecting ; destruction of unauthorized measures. — If any inspector fail 
 to comply with the requirements for inspecting and sealing, he shall 
 be fined twenty dollars for each offense. If an inspector have reason 
 to believe that other measures are used on board any vessel or craft 
 than such as are hereinbefore prescribed, he shall seize and destroy 
 said measures. 
 
 Code, 1919, Vol. 1, ch. 59, p. 523. 
 
 Sec. 1407°. Barrels containing breadstuffs, how made. — All barrels 
 containing flour, meal, and bread, offered for inspection, shall be 
 made of good seasoned timber, either split or sawed, with ten hoops, 
 well nailed with four nails in each chine hoop and three nails in each 
 bilge hoop. The stave shall be twenty-seven inches long, and the 
 head seventeen inches and a half in diameter. In half barrels the 
 staves shall be twenty-three inches long and the head twelve and a 
 half inches in diameter. 
 
 Sec. 1408. What quantity to contain. — Each barrel of flour or corn 
 meal shall contain one hundred and ninety-six pounds of flour or 
 meal and each half barrel ninety-eight pounds; and in case of defi- 
 cient quantity, any person offering such flour or meal for inspection 
 shall forfeit eight cents for each pound of such deficiency not ex- 
 ceeding three, and seventeen cents for each pound over three. 
 
 Sec. 1409. Size of fish barrels. — All fish offered for inspection shall 
 be packed, all of one kind in barrels of well-seasoned strong timber, 
 clear of sap, not less than five-eighths of an inch thick, made tight, 
 with at least twelve hoops, containing not less than twenty-eight 
 gallons. * * * 
 
 Sec. 1410. Beef and pork, weight of barrel. — All barrels containing 
 pork or beef offered for inspection shall be made of the same kind 
 of timber, and of the same thickness and strength, as is prescribed 
 for fish barrels, and shall contain at least two hundred and four 
 pounds net of good, clean, fat, sound, merchantable meat, well salted 
 between each layer, and well pickled. There shall not be more than 
 two heads in any one barrel of pork, and the whole shall be well 
 salted and cured before it is packed. 
 
 Sec. 1411. Barrel for pitch, tar, or turpentine capacity. — All barrels 
 of pitch, tar, or turpentine offered for inspection shall contain at 
 
VIRGINIA 855 
 
 least thirty-one gallons and a half, and. be full of good, clean, sound, 
 and merchantable tar, pitch, or turpentine. 
 
 Sec. 1412. How barrels for salt made. — All barrels containing salt 
 offered for inspection shall be made of good, seasoned materials, with 
 at least ten hoops, with four nails in each chine hoop, and three nails 
 in each upper bilge hoop, and not exceeding thirty inches in length 
 and eighteen inches in diameter across the head within the chine. 
 
 Sec. 1413. Lumber; staves. — All lumber offered for inspection shall 
 be of the following dimensions and quality : 
 
 First — Long butt staves: Long butt staves, five feet six inches 
 long, short butts, four feet six inches long; and both five inches wide, 
 two inches thick on the thin edge, and not more than two and a half 
 inches thick in any place when dressed; 
 
 Second — Pipe and hogshead staves: Pipe staves, four feet six 
 inches long, three inches wide, and three-quarters of an inch thick on 
 the thin edge, when dressed; hogshead staves, three feet six inches 
 long, three inches wide, and three-quarters of an inch thick on the 
 thin edge, when dressed; rough hogshead staves of the same dimen- 
 sions as the dressed; 
 
 Third — Barrel staves: Barrel staves, when dressed, and rough 
 barrel staves, shall be two feet eight inches long, three inches wide, 
 and three-quarters of an inch thick; 
 
 Fourth — Hogshead heading: Hogshead heading shall be twenty- 
 eight, thirty, and thirty-two inches long, with a due proportion of 
 pieces of each length; they shall be five inches wide, and three- 
 quarters of an inch thick on the thin edge, when dressed ; and all of 
 the above-mentioned lumber shall be of good white oak; 
 
 Fifth — lied oak hogshead staves : Red oak hogshead staves shall 
 be three feet six inches long, three and a half inches wide including 
 sap, and three inches wide clear of sap, and three-fourths of an inch 
 thick on the thin edge, when dressed ; 
 
 Seventh — Shingles: Building shingles shall be twenty-two inches 
 long, four inches wide, and five-eighths of an inch thick at the butt, 
 when dressed ; and shall be free from sap ; * * *. 
 
 Sec. 1414. Hemp boxes, size. — All hemp offered for inspection shall 
 be strong, dry, sound, and merchantable, and shall be prized, either 
 before or when inspected, in bale boxes, three feet two inches long in 
 the clear, three feet deep, one foot eight inches wide at the bottom, 
 and two feet at the top. 
 
 Sec. 1415. Owner, etc., to mark weight and tare. — Every barrel of 
 flour, corn meal, bread, fish, pork, beef, tar, pitch or turpentine; 
 every barrel, box, or bag of salt, and every bale of hemp made, packed 
 or filled in this State and offered for inspection shall have the weight 
 and tare thereof marked thereon by the manufacturer, packer, or 
 filler thereof. 
 
 Sec. 1417. Violations of two preceding sections punished. — For every 
 barrel, box, bag, or bale of any of the commodities mentioned in the 
 two 6 preceding sections, offered for inspection, or removed from the 
 manufactory contrary to either of said sections, the person offering 
 the same for inspection, or the manufacturer, shall forfeit fifty cents; 
 and if any person wilfully |ui( a false tare or weight on any such 
 
 11 Sec. 1416 refers io Individual brands or marks of manufacturers and is omitted here. 
 as not being relevant to weights and measures. 
 
856 LAWS CONCEBNING WEIGHTS AND MEASURES 
 
 barrel, box, bag, or bale, he shall forfeit one dollar on every such 
 barrel, box, bag, or bale. 
 
 Sec. 1421. Barrels of salt, gross weight and tare to be marked; weight 
 of empty barrel. — If an inspector of salt judge the same to be mer- 
 chantable, and, if packed in barrels, that they are such as are re- 
 quired, he shall mark or brand each barrel, box, or bag, in a durable 
 way, with the name of his county, and with the quality thereof, as 
 number " one," " two," or " three." He shall also weigh each barrel, 
 box, or bag, and mark the same in like manner, with the gross 
 weight, and with the tare, allowing for each barrel of salt twenty- 
 eight pounds for the tare. But if he finds that the barrel exceeds 
 that tare, he shall cause the true tare to be marked thereon, for 
 which he shall have an extra fee of one cent on each barrel, bag, or 
 box. 
 
 Sec. 1422. How alum salt branded. — In the case of alum salt (not to 
 be exported in bulk) , the inspector may examine the same in bulk, if 
 desired, but shall, after it is packed, weigh and mark or brand the 
 same, as directed in the preceding section, and also with the words 
 " alum salt." 
 
 Sec. 1423. When he may pass or weigh salt. — No inspector shall pass 
 any salt in a barrel of larger dimensions than is prescribed, nor shall 
 any salt be weighed by him until it lies twenty-four hours, at least, 
 and such additional time after packing, as the inspector shall deem 
 sufficient for draining it. 
 
 Sec. 1427. Hemp, how labeled. — If any inspector judge any hemp 
 offered to him for inspection to be strong, dry, sound, and merchant- 
 able, and packed in bale boxes of the proper size, he shall annex 
 thereto a label, stamped with the quality and weight of each bale, 
 distinguishing such as is clean, as well as dry and well conditioned, 
 as " first " quality, and such as is not perfectly clean, though dry and 
 well conditioned, as " second " or " third " quality. 
 
 Sec. 1435. When packages to be reweighed; expense of repacking. — An 
 inspector, if he suspect any commodity on which the tare is marked 
 to be falsely marked, or if the purchaser request it, shall unpack any 
 barrel or other parcel of such commodity, and if he find the tare 
 greater than is marked, the manufacturer or packer and filler who 
 sold the same shall pay the expense of unpacking or repacking, in 
 addition to any penalty imposed by law. But if otherwise, the said 
 expense shall be paid by the inspector, if he acted on his own sus- 
 picion, or by the purchaser, if the trial was made at his request. 
 
 Sec. 1439. Penalty for selling articles falsely marked. — If any person 
 sell, or offer to sell, any such commodity in barrels, or other package 
 or parcel, known by him to be of less weight, size, and gauge (after 
 allowing for ordinary shrinkage and loss of weight) than is required 
 by law, or than is marked or branded thereon, or than is stated in the 
 certificate of the inspector thereof, he shall forfeit ten dollars for 
 every such barrel, package, or parcel so sold or offered for sale. 
 
 Sec. 1441. Penalty on inspector for falsely marking, etc. — If any in- 
 spector or culler mark or brand any barrel or other package of any 
 such commodity, or give a certificate of his having inspected any 
 lumber or salt in bulk, without having actually inspected the same, 
 or pass or brand any such commodity as merchantable which he 
 knows to be unfit to pass (unless ordered by reviewers, according to 
 law), or permit any other person to use his mark or brand for that 
 
VIRGINIA 857 
 
 purpose, or be guilty of any wilful neglect or omission of his duty 
 as inspector, he shall be fined fifty dollars for every such offense. 
 
 Code, 1919, Vol. 1, ch. 58, p. 512. 
 
 Sec. 1354°. Sampling, weighing, and branding tobacco. — The samplers 
 shall uncase and break every hogshead, cask, tierce, or box of tobacco 
 brought to their respective warehouses to be sampled; weigh and 
 sample it, and mark, or brand the same, as " Virginia, 1 ' or " West- 
 ern," according to the facts; and also, with the name of the ware- 
 house, the tare of the hogshead, cask, tierce, or box; the quantity 
 of net tobacco therein, and the condition thereof. The net weight 
 shall be ascertained by weighing the hogshead, cask, tierce, or box, 
 before it is uncased, and deducting therefrom the weight of the 
 empty hogshead, cask, tierce, or box. The sample shall not exceed 
 eight pounds in weight, and shall belong to the buyer of the tobacco 
 from whom it was taken. 
 
 Sec. 1355 (1899-00). Weighing leaf tobacco in warehouses; proprietors 
 to furnish itemized statements ; penalty. — All leaf tobacco sold upon the 
 floor of any tobacco warehouse in the State of Virginia shall first be 
 weighed by some reliable person who shall have first sworn and sub- 
 scribed to the following oath — to wit : * * * 
 
 The proprietor of each and every warehouse shall render to each 
 seller of tobacco at his warehouse a bill plainly stating the amount 
 charged for weighing and handling, the amount charged for auction 
 fees, and the commission charged on such sale, or any other charges 
 made for selling and handling such tobacco. 
 
 For each and every violation of the provisions of this section a 
 penalty of ten dollars may be enforced, and the same may be recov- 
 ered by any one so offended. 
 
 Sec. 1387°. Proprietors to furnish scales, etc. — The proprietor of 
 every warehouse shall have proper scales or balances and weights, 
 and all other proper conveniences provided, and see that they are 
 kept in repair, and that the weights conform to the lawful standard. 
 
 Code, 1919, Vol. 1, ch. 49, p. 420. 
 
 Sec. 1111, as amended by Laws, 1920, ch. 130, p. 107. How bags, etc., 
 of fertilizers branded. — All manufacturers, dealers or agents before 
 selling, or offering for sale, in this State any commercial fertilizer, 
 or fertilizer material, shall brand on, or attach to each bag, barrel 
 or package, the brand name of the fertilizer, the weight of the pack- 
 age, the name and address of the manufacturer, * * *. 
 
 Sec. 1126 (1875-76). Fertilizers to be labeled; what label to use; 
 standard measure of manures; measures branded. — All commercial ma- 
 nures, and artificially manufactured or manipulated fertilizers, 
 brought into or manufactured in the State of Virginia, for sale, 
 and sold or kept for sale therein, shall have permanently affixed 
 to every sack, bag, barrel, box, or other package thereof, a stamped 
 or printed label, which shall specify legibly the name of the manu- 
 facturer and his place of business, the net weight of such sack, bag, 
 barrel, box, or other package * * *. And where stable manures, 
 or commercial manures, other 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 cart load, or where the same 
 are upon sale, delivered in this State, the standard of such measures 
 
858 LAWS CONCERNING WEIGHTS AND 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 follow- 
 ing dimensions : The bottom to be sixteen and a half inches across, 
 from inside to inside; the top to be eighteen inches from inside to 
 inside, and twenty -one inches diagonally from the inside chine to 
 the top. And in the measurement of such manures the tubs must be 
 filled to a slight rise above the top. All such measures must be 
 branded with the initials of the sealer of weights and measures of 
 the county or corporation where the buyer or seller, or either of 
 tbem, resides. Twenty bushels of the measure, above provided, shall 
 constitute a merchantable cart load of such manures as are above 
 mentioned. 
 
 Sec. 1133 (al916). Agricultural lime, weight to be branded. — All 
 manufacturers, dealers or agents, before selling or offering for sale 
 in this State any agricultural lime, shall brand on, or attach to, 
 each bag, barrel or package, the brand name of the agricultural lime, 
 the weight of the package, the name and address of the manufac- 
 turer, * * *. 
 
 Code, 1919, Vol. I, ch. 51, p. 438. 
 
 Sec. 1205 (1916). Measuring utensils to be tested and marked; fees. — 
 No bottle, pipette or other measuring glass or utensils shall be used 
 in this Commonwealth by any inspector of milk or cream, or by any 
 person in any milk-inspection laboratory, in determining by the 
 Babcock or any other centrifugal machine, the percentage of fat in 
 milk or cream for the purposes of inspection or by any person in any 
 milk depot, creamery, cheese factory, condensed milk factory, or 
 other place, in determining by the Babcock or other centrifugal 
 machine, the composition or value of milk or cream as a basis for 
 payment in buying or selling, until it has been tested for accuracy 
 and verified by the chief chemist, his assistants or other experts of 
 the department of agriculture and immigration of Virginia. Every 
 such bottle, pipette or other measuring glass or utensil shall be sub- 
 mitted to the dairy and food commissioner by the owner or user 
 thereof to be tested for accuracy before the same is used in this Com- 
 monwealth for the purposes aforesaid. The said commissioner shall 
 cause the bottle, pipette or other measuring glass or utensil so sub- 
 mitted, after the fees herein provided have been paid, to be tested in 
 the laboratory of the said department of agriculture and immigra- 
 tion. The owner or user shall pay to the said commissioner, as a fee 
 for making the test, a sum not exceeding five cents for each bottle, 
 pipette or other measuring glass or utensil tested. Any bottle, 
 pipette or other measuring glass or utensil that has been tested and 
 verified as aforesaid shall be marked by the chief chemist, his assist- 
 ants or other experts of the said department of agriculture and immi- 
 gration, to indicate the fact of such test or verification ; or if tested 
 and found to be inaccurate, may be marked by him or them to indi- 
 cate that it is inaccurate. No bottle, pipette or other measuring glass 
 or utensil that has been marked by the said chief chemist, his as- 
 sistants or other experts of the said department of agriculture and 
 immigration to indicate that it is inaccurate shall be used in this 
 Commonwealth by any person in determining the composition or 
 value of milk or cream. 
 
VIRGINIA 859 
 
 Sec. 1206. Inspection of centrifugal machines and scales; when con- 
 demned; fees. — Every Babcock or other centrifugal machine, or cream 
 test or butter fat test scale, used in this Commonwealth by any in- 
 spector of milk or cream or by any person in any milk inspection 
 laboratory for determining the composition of milk or cream for 
 purposes of inspection, or by any person in any milk depot, ice cream 
 factory, confectionery, creamery, cheese factory, condensed milk 
 factory, laboratory or other place for determining the composition 
 or value of milk or cream as a basis for payment in buying or selling, 
 shall be subject to inspection at least once in each year by the dairy 
 and food commissioner, his assistants or agents. The owner or user 
 of any such scale shall pay to the said commissioner as a fee for mak- 
 ing such annual inspection the sum of one dollar for each scale 
 inspected. Any Babcock or other centrifugal scale used as afore- 
 said, that is not in the opinion of the said commissioner or his assist- 
 ants or agents in condition to give accurate results, may be con- 
 demned by the commissioner or his assistants or agents. No Babcock 
 or other centrifugal machine or scale that has been condemned by 
 said commissioner or his assistants or agents as not in condition to 
 give accurate results shall be used in this Commonwealth by any per- 
 son for determining the composition or value of milk or cream as 
 aforesaid, unless the machine or scale be changed to the satisfaction 
 of the said commissioner or his assistants or agents, and approved 
 by him. 
 
 Sec. 1208. To whom certificates issued; rules for application and exami- 
 nation therefor ; standards of milk and cream measure ; samples. — * * * 
 The dairy and food commissioner is hereby authorized to fix such 
 standards and to issue such regulations as may be deemed necessary 
 to carry out the provisions of law ; but in the use of the Babcock or 
 other centrifugal machine, the standard milk measurer or pipettes 
 shall have a capacity of seventeen and six-tenths cubic centimeters 
 and the standard test tubes or bottles for milk shall have a capacity 
 of two cubic centimeters for each ten per centum marked on the 
 necks thereof; cream shall be tested by weight and the standard 
 unit for testing shall be eighteen grams, and it is hereby made a vio- 
 lation of law to use any other standard of milk or cream measure 
 where milk or cream is purchased by or furnished to creameries or 
 cheese factories, and where the value of said milk or cream is de- 
 termined by the per centum of butter fat contained in the same or 
 where the value of milk or cream is determined by the per centum of 
 butter fat contained in the same by the Babcock or other centrifugal 
 test or cream test or butter fat test scales. In sampling milk or cream 
 from which composite tests are to be made to determine the per 
 centum of butter fat contained therein, no such sample or sampling 
 shall be lawful unless a sample be taken from each weighing, and the 
 quantity thus used shall be proportioned to the total weight of the 
 milk or cream tested. 
 
 Sec. 1209. Tests of measuring glasses or utensils; inspection of ma- 
 chines and scales annually ; collection of fees ; entry by commissioner and 
 agents upon certain premises. — It shall be the duty of the dairy and 
 food commissioner and he is hereby authorized, to test or cause 
 to be tested all bottles, pipettes and other measuring glasses or 
 utensils submitted to him as provided in section twelve hundred and 
 
860 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 five, to inspect or cause to be inspected at least once each year every 
 Babcock or other centrifugal machine or cream test or butter-fat 
 test scales used in this Commonwealth by an inspector of milk or 
 cream or by any person in any milk-inspection laboratory for 
 purposes of inspection, or by any person in any milk depot, ice- 
 cream factory, confectionery, creamery, cheese factory, condensed- 
 milk factory, or other place for determining the composition or value 
 of milk or cream as a basis for payment in buying or selling, and to 
 collect or cause to be collected the fees provided for by law. The 
 said dairy and food commissioner, his assistants or agents, are 
 further authorized to enter upon any premises in this Common- 
 wealth where any centrifugal machine or cream test and butter-fat 
 test scales is used as aforesaid to inspect the same and to ascertain 
 if the provisions of law are complied with. 
 
 Sec. 1210. Penalty for over-reading or under-reading, etc., test effect 
 of tender of payment.— Any person who shall by himself or as the of- 
 ficer, servant, agent or employee of any person, firm or corporation, 
 falsely manipulate or underread or overread the Babcock test or 
 any other contrivance used for the purpose of determining the 
 amount of milk fat in milk or cream, or who shall make any false 
 determination of any test or contrivance used for the purpose of 
 determining the amount of milk fat in any dairy products, shall 
 be guilty of a misdemeanor. The tender of payment for milk or 
 cream at any given test, shall constitute prima facie evidence that 
 such test was made. 
 
 Code, 1919, Vol. 1, ch. 52, p. 471. 
 
 Sec. 1234 (1910). What must be on exterior of package, etc., of con- 
 centrated commercial feeding stuff. — Every lot or parcel of concen- 
 trated commercial feeding stuff sold, offered or exposed for sale 
 within this State, shall have affixed thereto, or printed thereon, in 
 a conspicious place on the outside thereof, a legible and plainly 
 printed statement, in the English language, clearly and truly certi- 
 fying the net weight of the package ; the name, brand or trade-mark 
 under which the article is sold; the name, and address of manu- 
 facturer, jobber or importer; * * * But all concentrated com- 
 mercial feeding stuffs shall be in standard-weight bags or pack- 
 ages of twenty-five, fifty, seventy-five, one-hundred, one hundred and 
 twenty-five, one hundred and forty, one hundred and fifty, one 
 hundred and seventy-five, and two hundred pounds. 
 
WASHINGTON 
 
 Pierce's Code, 1921, Vol. 1, p. 2027. 
 
 Sec. 7251 (1913). National standards adopted as State standards; State 
 standards to govern; false standards. — The weights and measures, re- 
 ceived from the United States under a resolution of Congress ap- 
 proved June 14, 1836, and such new weights and measures as shall be 
 received from the United States as standard weights and measures 
 in addition thereto or renewal thereof, and such as shall be supplied 
 by the State in conformity therewith and certified by the National 
 Bureau of Standards, shall be the State standards, by which all 
 county and municipal standards of weights and measures shall be 
 tried, approved and sealed. 
 
 All weights, measures, scales, scale beams, patent balances, steel- 
 yards, automatic or computing scales, or other instruments for 
 weighing or measuring, by which any merchandise, commodity or 
 thing is bought or sold by weight or measure, or offered or exposed 
 for sale, shall conform to the State standards herein prescribed. 
 
 Any weight, measure, scale, scale beam, patent balance, steelyard, 
 automatic or computing scale or other instrument or device for 
 weighing or measuring which does not conform to such State stand- 
 ards is hereby declared to be a false weight or measure. 
 
 Sec. 7252 (al917). Department of weights and measures established; 
 deputy superintendent and inspector authorized; duties of superintend- 
 ent ; standards to be tested ; county and city standards tested ; institution's 
 weights and measures tested annually; annual report; county and city 
 standards tested biennially; powers of local inspector; instructions to be 
 issued; bond. — There is hereby created a department of weights and 
 measures in and for the State of Washington. 1 The secretary of 
 state shall be ex officio superintendent of weights and measures and 
 the head of the department herein created. He shall appoint a 
 deputy superintendent of weights and measures and one inspector 
 whose terms of office shall expire with that of the superintendent. 
 The deputy shall receive a salary of twenty-four hundred dollars per 
 annum, and the inspector shall receive a salary of fifteen hundred 
 dollars per annum. He shall also appoint as many persons as he 
 shall deem necessary, not to exceed twelve in number, as local in- 
 spectors, who shall be known as State sealers and who shall receive 
 a compensation to be determined by the superintendent, and shall 
 be removable at will by him: Provided, further, That the total ex- 
 penditures for this department shall not exceed $35,000 for any 
 biennium. There shall be allowed for maintenance of the depart- 
 ment of weights and measures such sums as shall be appropriated by 
 the legislature. The superintendent shall take charge of the State 
 standards, cause them to be kept in a safe and suitable place in the 
 office of the superintendent, from which they shall not be removed 
 except for repairs or for certification, and he shall take all other 
 necessary precautions for their safe-keeping. He shall maintain the 
 
 1 See sec. 4-1, et seq., infra, p. 86». 
 
 861 
 
862 LAWS CONCEKNING WEIGHTS AND MEASUBES 
 
 State standards in good order and shall submit them at least once in 
 ten years to the National Bureau of Standards for certification. He 
 shall at least once in five years try and prove by the State standards 
 all weights, measures and other apparatus which may belong to any 
 county or city, and shall seal such when found to be accurate, by 
 stamping on them with seals which he shall have and keep for that 
 purpose, the letter " W " and the last two figures of the year in which 
 the same are sealed. He shall have and keep a general supervision of 
 the weights, measures and weighing and measuring devices offered 
 for sale, sold or in use in the State. He shall, upon the written re- 
 quest of any citizen, firm, corporation or educational institution in 
 the State, test or calibrate weights, measures, weighing or measuring 
 devices and instruments or apparatus used as standards in this State. 
 He, or his deputy, or his inspectors, by his direction, shall, at least 
 once annually, test all scales, weights and measures used in checking 
 the receipts or disbursements of supplies in every institution for the 
 maintenance of which moneys are appropriated by the legislature, 
 and he shall report in writing his findings to the supervising board 
 and to the executive officer of the institution concerned, and at the 
 request of such board or executive officer, the superintendent of 
 weights and measures shall appoint in writing one or more em- 
 ployes, then in the actual service of each institution, who shall act 
 as special deputies for the purpose of checking the receipts or dis- 
 bursements of supplies. He shall keep a complete record of the 
 standards, balances and other apparatus belonging to the State and 
 take receipt for same from his successor in office. He shall annually, 
 on the first day of October make to the governor a report of the work 
 done by his office. The State superintendent, or his deputy, or in- 
 spectors at his direction, shall inspect all standards and apparatus 
 used by the State sealers and cities of the first class, having a popu- 
 lation of more than 50,000 people, at least once in two years, and 
 shall keep a record of the same. He or his deputy or inspectors, at 
 his direction, shall at least once in two years visit the various cities 
 and counties in the State, in order to inspect the work of the local 
 sealers, and in the performance of such duties he may inspect the 
 weights, measures, balances or any other weighing or measuring 
 appliances of any citizen, firm or corporation, and shall have the 
 same powers as the local sealer of weights and measures. The super- 
 intendent shall issue from time to time, regulations for the guidance 
 of State and city sealers, and the said regulations shall govern the 
 procedure to be followed by the aforesaid officers in the discharge of 
 their duties. The deputy State superintendent of weights and meas- 
 ures shall forthwith, on his appointment, give a bond, in the penal 
 sum of $5,000.00 with sureties to be approved by the governor for 
 the faithful performance of the duties of his office, and for the safety 
 of the standards entrusted to his care, and for the surrender thereof 
 immediately to his successor in office or to the person appointed by 
 the governor to receive them. 
 
 Sec. 7253 (1917). Jurisdiction over weighing devices of common car- 
 riers. — The secretary of state as ex-officio superintendent of weights 
 and measures, 2 shall have the power and it shall be his duty to exer- 
 
 - These duties transferred to director of agriculture. See p. 869. 
 
WASHINGTON 863 
 
 rise all the powers and perform all the duties now vested in and 
 required to be performed by the public service commission with re- 
 spect to weighing devices used by common carriers other than track 
 scales, and such scales and devices shall be subject to the rules and 
 regulations promulgated by the superintendent of weights and 
 measures. 
 
 Sec. 7254 (al917). Public standards for city and State sealers. — The 
 superintendent of weights and measures, and the common council or 
 city commission of each city having a population of more than fifty 
 thousand people shall procure at the expense of the State or city, 
 and shall keep at all times a complete set of weights and measures 
 and other apparatus, of such materials and construction as the said 
 superintendent of weights and measures may direct. All such 
 weights, measures and other apparatus having been tried and accu- 
 rately proven by him, shall be sealed and certified to by the State 
 superintendent as hereinbefore provided; and shall then be de- 
 posited with and preserved by the city sealer as public standards 
 for such city, and by the State sealer for use as public standards 
 in any county in the State. 
 
 Whenever the common council or city commission of any such 
 city shall neglect for six months so to do, the city clerk or comp- 
 troller of said city, on notification and request by the superintendent 
 of weights and measures, shall provide such standards and cause 
 the same to be tried, proved, sealed and deposited at the expense of 
 such city. 
 
 Sec. 7255 (al917). Powers of State sealer; packages of commodities to 
 be weighed; violation; may condemn and seize. — Where not otherwise 
 provided by law the State sealer shall have the power to inspect, 
 test, try and ascertain if they are correct, all weights, scales, beams, 
 measures of every kind, instruments or mechanical device for meas- 
 urements and tools, appliances or accessories connected with any or 
 all of such instruments or measures kept for the purpose of sale, sold 
 or used or employed within any county in the State by any proprie- 
 tor, agent, lessee or employee in proving the size, quantity or extent, 
 area or measurement of quantities, things, produce, articles for dis- 
 tribution or consumption offered or submitted by such person or per- 
 sons for sale, for hire or award ; and he shall have the power to and 
 shall from time to time weigh or measure packages or amounts of 
 commodities of whatsoever kind kept for the purpose of sale, offered 
 for sale or sold, or in the process of delivery, in order to determine 
 whether the same contains the amount represented, and whether they 
 are being offered for sale or sold in a manner in accordance with law. 
 He may for the purpose above mentioned, and in the general per- 
 formance of his official duties, enter and go into or upon, and with- 
 out formal warrant, any stand, place, building or premises, or stop 
 any vendor, peddler, junk-dealer, coal-wagon, wood-wagon, ice- 
 wagon, delivery-wagon or any dealer whatsoever, and require him, 
 if necessary, to proceed to some place which the sealer may specify, 
 for the purpose of making the proper tests. Whenever the State 
 sealer finds a violation of the statutes relating to weights and meas- 
 ures, lie shall cause the violator to be prosecuted. Whenever the 
 sealer compares weights, measures or weighing or measuring instru- 
 
 517—27 55 
 
864 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 merits, 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 ap- 
 propriate devices to be approved by the State superintendent of 
 weights and measures. He shall condemn and seize and may destroy 
 incorrect weights, measures or weighing or measuring instruments 
 which can not be repaired ; and such as are incorrect and yet may be 
 repaired, he shall mark or tag as "condemned for repairs " — in a man- 
 ner prescribed by the State superintendent of weights and measures. 
 The owner or users of any weights, measures or weighing or measur- 
 ing instruments of which such disposition is made, shall have the 
 same repaired or corrected within ten days and they may neither use 
 nor dispose of the same in any way, but shall hold the same at the 
 disposal of the sealer: Provided, That State sealers may, by direc- 
 tion of the secretary of state, perform the duties and exercise the 
 powers of deputies appointed by the secretary of state, pursuant to 
 the provisions of [sec. 196] chapter 142, Laws of 1915, and acts 
 amendatory thereto : Provided further, That deputies appointed by 
 the secretary of state pursuant to the provisions of chapter 142, Laws 
 of 1915, and acts amendatory thereto, may, by direction of the secre- 
 tary of state, perform the duties and exercise the powers of [the 
 secretary of] state sealers as hereinbefore set forth. 
 
 Sec. 7256. City sealers in cities of over 50,000. — There shall be a city 
 sealer of weights and measures in cities of the first class having a 
 population of more than fifty thousand people, to be appointed by 
 the mayor from a list to be furnished by the civil service board, and 
 under the rules of said board, where such board exists ; otherwise he 
 shall be appointed by the mayor by and with the advice and consent 
 of the common council or city commission. He shall perform in said 
 city the duties and have like powers as a State sealer: Provided, 
 however, That in every case where any city of the first class has 
 heretofore made, or may hereafter make provision by charter or 
 ordinance for the enforcement of proper legal weights and measures 
 vesting general supervision and direction in any official at the head 
 of any department of such city, such official for the purpose of this 
 act, shall be ex officio sealer of weights and measures in such city, 
 and he and his subordinate or subordinates, shall have the duties 
 and powers of city sealers of weights and measures, and the powers 
 of such cities relative to weights and measures shall be additional to 
 the powers granted such city by law or charter: And provided fur- 
 ther, That the State sealer shall exercise no powers and discharge no 
 duties in any city of the first class having its own sealer of weights 
 and measures. 
 
 Sec. 7257 (1913). False weights and measures, using, possessing, re- 
 moving tag from; using unsealed apparatus; penalties. — Any person, 
 who, by himself or his servant or agent or as the servant or agent 
 of another, shall use or retain in his possession a false weight or 
 measure or weighing or measuring device, or any weight or measure 
 or weighing or measuring device which has not been sealed by a 
 sealer of weights and measures within one year, in the buying or 
 selling of any commodity, or thing; or who shall dispose of any 
 condemned weight, measure or weighing or measuring device con- 
 trary to law, or remove any tag placed thereon by the sealer; or 
 
WASHINGTON 865 
 
 any person who, by himself or by his servant or agent, or as the 
 servant or agent of another, shall sell or offer or expose for sale 
 less than the quantity he represents; or sell or offer or expose for 
 sale any such commodities in a manner contrary to law; or any 
 person who by himself or by his servant or agent or as the servant 
 or agent of another shall sell or offer for sale, or have in his pos- 
 session for the purpose of selling any device or instrument to be 
 used to or calculated to falsify any weight or measure, shall be 
 guilty of a misdemeanor and shall be punished by a fine of not 
 less than twenty (20) dollars nor more than two hundred (200) 
 dollars, or by imprisonment in the county jail not more than three 
 months, or both such fine and imprisonment upon a first conviction, 
 but upon a second conviction he shall be punished by a fine of not 
 less than fifty (50) dollars, nor more than five hundred (500) dollars, 
 or by imprisonment in the county jail not more than six months, or 
 both such fine and imprisonment. 
 
 Sec. 7258. Arrests, etc., by sealers. — The superintendent of weights 
 and measures, his deputy and inspectors, and the county [State 
 sealers] and city sealer of weights and measures, are hereby made 
 special policemen, and are authorized and empowered to arrest, 
 without formal warrant, any violator of the statutes in relation 
 to weights and measures, and to seize, for use as evidence, and 
 without formal warrant, any false weight, measure or weighing 
 or measuring device or packages or amounts of commodities found 
 to be used, retained or offered or exposed for sale, or sold in violation 
 of law. 
 
 Sec. 7259. Obstructing officers; penalty. — Any person who shall 
 hinder or obstruct, in any way, the superintendent of weights and 
 measures, his deputy or inspectors, or any county or city sealer, 
 in the performance of his official duties, shall be guilty of a mis- 
 demeanor, and shall be punished upon conviction thereof, in any 
 court of competent jurisdiction, by a fine of not less than twenty (20) 
 nor more than two hundred ($200) dollars or by imprisonment in 
 the county jail for not more than 90 days or by both such fine and 
 imprisonment. 
 
 Sec. 7260, as amended by Laws, 1923, ch. 126, p. 342. Butter, sale by 
 standard packages; bread, standard loaves; variations; return of bread; 
 potatoes ; berries ; coal ; penalty ; milk ; vinegar ; net weight or measure to 
 govern; ice; official weights; penalty; firewood; standard unit or load. — A 
 standard package or container of butter in the State of Washington 
 shall contain sixteen (16) ounces net weight or thirty-two (32) 
 ounces net weight, and a standard package or container need have no 
 statement of the net weight of its contents. 
 
 Whenever butter is sold or offered for sale in a package or con- 
 tainer the net weight of which is more or less than the standards 
 herein described, such package or container shall be labeled in plain 
 English words or figures with the correct net weight of its contents 
 expressed in pounds and ounces together with the name of the manu- 
 facturer or jobber. 
 
 That no person, firm or corporation shall hereafter manufacture, 
 sell, offer or expose for sale bread, except in the following weights, 
 which shall be net weights twelve hours after baking: One pound, 
 one and one-half pounds, two pounds, three pounds, four pounds and 
 
866 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 live pounds, or other pound weights. Variations at the rate of one 
 ounce per pound over, and one ounce per pound under above specified 
 unit weights are permitted in individual loaves, but the average 
 weight of not less than twelve loaves of any one unit of any one kind 
 shall not be less than the weight prescribed by these regulations for 
 such unit. 
 
 That no person, firm or corporation engaged in the manufacture 
 of bread, or other bakery products, for sale, shall hereafter, directly 
 or indirectly accept under any guise or arrangement whatever, re- 
 turns of bread or other bakery products from any person, firm or 
 corporation, nor make cash payments, nor allow credit to any retailer 
 or other person for any unsold bread or other bakery products; nor 
 shall any manufacturer of bread or other bakery products exchange 
 any bread or other bakery products for other bread or other bakery 
 products previously sold by said manufacturer. 
 
 A standard sack of potatoes in the State of Washington shall con- 
 tain one hundred (100) pounds net weight, and a standard sack of 
 potatoes need have no statement of the weight of its contents. When- 
 ever potatoes are sold by the sack, in sacks containing more or less 
 than the standard, such sack shall be labeled in plain English words 
 or figures with its true net weight. 
 
 All sales of blackberries, currents, strawberries, cranberries, blue- 
 berries, gooseberries, cherries and similar berries in packages con- 
 taining less than one bushel, shall be sold by the dry quart containing 
 67.2 cubic inches or the dry pint containing 33.6 cubic inches, and 
 all berry boxes sold, used or offered for sale within the State shall 
 be of the interior capacity of 67.2 or 33.6 cubic inches, unless the 
 same be labeled in plain English words or figures with its correct 
 interior capacity expressed thereon in cubic inches. Nothing in the 
 above section shall be so construed as to prevent the sale of any of 
 the articles therein mentioned by weight. 
 
 A standard sack of coal in the State of Washington shall contain 
 one hundred (100) pounds net weight and a standard sack of coal 
 need have no statement of the net weight of its contents. 
 
 Whenever coal is sold or offered for sale by the sack, in sacks con- 
 taining more or less than one hundred (100) pounds net weight, 
 such sack shall be labeled in plain English words or figures with the 
 true net weight of its contents expressed in pounds. It shall be un- 
 lawful for any person, firm or corporation or their agents, servants 
 or other employees to misrepresent any coal offered for sale or to sell 
 coal of any particular name or designation, or from any particular 
 mine under the name or designation of another coal or mine. 
 
 All milk, cream or buttermilk sold in the State of Washington, in 
 bottles, shall be sold only in bottles containing one-half pint, one 
 pint, one quart, one-half gallon or one gallon standard liquid 
 measure. 
 
 All vinegar sold, exposed or offered for sale in the State of Wash- 
 ington, in bottles, shall be sold in bottles containing one-half pint, 
 one pint, one quart, one-half gallon or one gallon standard liquid 
 measure and when so sold need have no statement of the net measure 
 of its contents. 
 
 Whenever vinegar is sold in the State of Washington in bottles 
 containing more or less than mentioned in the foregoing section, 
 
WASHINGTON 867 
 
 such bottles shall be labeled in plain English words and figures, with 
 its true net measure. 
 
 It shall be unlawful for any person, firm or corporation in the 
 State of Washington to buy any commodity upon the basis of weight 
 or measure except the same be bought upon the basis of the true 
 net weight or measure and unless the scales or measures so used 
 shall bear the seal of a sealer of weights and measures and conform 
 to the standards adopted by the State of Washington. 
 
 Every vendor of ice in the State of Washington shall at the time 
 of actual delivery of any ice sold, weigh the quantity of ice delivered, 
 and for that purpose shall use a steelyard balance or other apparatus 
 for weighing such ice, which shall have been duly adjusted and sealed 
 by a duly appointed sealer of weights and measures in accordance 
 with the provisions of the laws of the State of Washington, and all 
 ice delivered to consumers within this State shall be sold by avoir- 
 dupois weight unless it is otherwise specially agreed upon between 
 the buyer and the seller. 
 
 Each and every pair of ice tongs used in the delivery of ice within 
 said State shall have prominently and conspicuously stamped thereon 
 the exact and true avoirdupois weight of said tongs. 
 
 It shall be unlawful for any vendor, or his servant, agent or other 
 employee in the State of Washington, to offer to sell, or sell, or sell 
 and deliver any commodity ordinarily and usually sold in bulk or 
 quantity by weight or measure, unless the same be weighed or meas- 
 ured as the case may be upon or by officially tested and approved 
 weights, measures, scales, scale-beams, patent balances, steelyards, 
 automatic or computing scale or other instruments for weighing or 
 measuring, and unless that portion of such commodity so offered 
 for sale or sold by weight or measure shall be the true net weight 
 or measure. 
 
 It shall be unlawful for any vendor of firewood in the State of 
 Washington, or his servant, agent or other employees to sell or offer 
 for sale the same in the State in any quantity or by any measures 
 except by the cord or fractional part thereof. The standard meas- 
 urements of a cord of fireAvood in this State is hereby fixed and 
 established at one hundred twenty-eight (128) cubic feet: Provided* 
 however, That wood sixteen (16) inches or less in length may be sold 
 without being measured as above provided, but if so sold by the unit 
 or load or fractional part thereof, such wood shall be measured by 
 throwing the same loosely or at random into a rectangular box or 
 container and when so measured one hundred ninety-two (192) cubic 
 feet shall constitute a unit or load of wood. 
 
 Every vendor of firewood, his servant, agent or other employees 
 shall, with every delivery of firewood, deliver to the purchaser a sales 
 ticket or bill in writing containing the vendor's name and address, 
 and a true statement of the quantity delivered and the price thereof, 
 and the kind and condition of the same. 
 
 Any person violating any of the provisions of this section shall be 
 guilty of a misdemeanor. 
 
 Sec. 7260a (1919). Standard package or container for cranberries. — A 
 standard package or container for cranberries in this State shall con- 
 tain one thousand nine hundred forty-two (1,942) cubic inches and 
 
868 LAW« CONCERNING WEIGHTS AND MEASURES 
 
 be equivalent to one-third of a United States cranberry barrel, 8 and 
 need have no statement of its cubical contents but shall be marked 
 in plain letters, not less than one-quarter inch in height, " ONE- 
 THIRD UNITED STATES CRANBERRY BARREL," or the 
 net weight of the contients [contents] thereof. 
 
 Sec. 7260b. Marking less than standard packages at wholesale. — All 
 cranberries offered for sale at wholesale in this State, in packages 
 or containers, the cubical contenfits [contents] of which are less than 
 the standard above defined, shall be marked in plain letters and fig- 
 ures, not less than one-quarter inch in height, with the cubical con- 
 tents in inches or the net weight of the contents. 
 
 Sec. 7260c. Standard for retail sales. — Cranberries sold at retail shall 
 be sold by dry measure quarts containing sixty-seven and two-tenths 
 (67.2) cubic inches, or dry measure pints containing thirty-three and 
 six-tenths (33.6) cubic inches or by weight. 
 
 Sec. 7260d. Penalty. — Every person violating any provision of this 
 act shall be deemed guilty of a misdemeanor. 
 
 Sec. 7261 (1913). Public service commission's powers not abrogated. — 
 Nothing contained in this act 4 shall be construed as withdrawing or 
 superseding the powers and duties of the public service commission 
 of Washington with respect to track scales and other weighing de- 
 vices used by common carriers, but the standards herein established 
 shall be used in testing the track scales and weighing devices of such 
 carrier. 
 
 Sec. 7262 (1907). Coal, weight of gross and net ton.— That 2,240 
 pounds shall constitute a gross ton of coal, and 2,000 pounds shall 
 constitute a net ton of coal. 
 
 Sec. 7263. Penalty for short weight. — Any person selling less than 
 2,000 pounds for a ton shall be guilty of a misdemeanor and upon 
 conviction thereof shall be fined not less than twenty-five dollars 
 ($25.00) nor more than five hundred dollars ($500.00) or imprisoned 
 in the county jail not less than ten days nor more than six months, 
 or fined and imprisoned both, in the discretion of the court. 
 
 Sec. 7264 (1903). Standard size for apple and pear boxes. — There is 
 hereby created and established a standard size for apple boxes and 
 pear boxes for the State of Washington. 
 
 Sec. 7265. Same ; measurements. — The standard size of an apple box 
 shall be eighteen inches long, eleven and one-half inches wide, ten 
 and one-half inches deep, inside measurement. The standard size 
 of a pear box shall be eighteen inches long, eleven and one-half 
 inches wide, eight inches deep, inside measurement. 
 
 Sec. 7266 (1890). Unit of water.— That the unit of measure for 
 water for irrigation, mining, milling and mechanical purposes in 
 this State shall be a cubic foot of water per second of time. 
 
 Sec. 7204 (1917). Units of measurement. — The legally recognized 
 
 units of water measurement shall be as follows : For flowing water 
 
 one cubic foot of water per second of time, and to be designated 
 " second-foot." For absolute volume or quantity of water — forty- 
 three thousand five hundred sixty cubic feet of water, and to be 
 designated " acre-foot.*' 
 
 8 See p. 20 relative to Federal standard barrel. 
 
 * Sec. 7261 was enacted as sec. 10 of ch. 52, Laws of 1913. which includes sees 7251 
 to 7260. inclusive, except 7253, supra. 
 
WASHINGTON 869 
 
 Sec. 7267 (1890). Deduction of tare on hops; bale of hops. — The 
 amount of tare to be deducted from the gross weight of each bale of 
 hops grown and hereafter sold in this State is hereby fixed at five 
 pounds per bale. Five yards of baling cloth is the maximum quan- 
 tity to be used in making the bale, and the standard weight of each 
 yard of baling cloth is hereby fixed at from twenty-four to thirty 
 ounces. The standard weight for a bale of hops is hereby fixed at 
 from one hundred and seventy-five to two hundred and ten pounds. 
 Any vendor of hops using heavier sacking than that specified in this 
 section, or using any extraneous matter in the baling thereof, shall 
 have the same deducted as additional tare. 
 
 Pierce's Code, 1921, Vol. 1, p. 842. 
 
 Sec. 2722, as amended by Laws, 1923, ch. 37, p. 84. Packages containing 
 apples, pears, or peaches to be marked with net weight or number. — It 
 shall be the duty of every person growing or packing and selling, 
 offering for sale or shipping in closed boxes or packages, any fruit 
 grown in this State, to plainly mark the same on the outside of the 
 box or package with the name of the variety contained therein or 
 with the words " variety unknown," the name of the place or locality 
 where grown and the name of the grower, or in case of sale or ship- 
 ment through an association or organization of growers, the name of 
 such association or organization and the lot number of the grower, 
 and, in case of apples, pears, or peaches, the net weight or the num- 
 ber contained in the package * * *. 
 
 Pierce's Code, 1921, Vol. 1, p. 10. 
 
 Sec. 4-1 (1921). Administrative code. — This act shall be known and 
 may be cited as the administrative code. 
 
 Sec. 4-2. Departments created. — There shall be, and are hereby cre- 
 ated, departments of the State government which shall be known 
 respectively as, (1) the department of public works, * * * (8) 
 the department of agriculture, * * * which departments shall 
 be charged respectively with the execution, enforcement, and ad- 
 ministration of such laws, and invested with such powers and re- 
 quired to perform such duties, as the legislature may provide. 
 
 Sec. 4-83. Department of agriculture, divisions. — The department of 
 agriculture shall be organized into, and consist of, five divisions, to 
 be known respectively as, (1) the division of agriculture, (2) the 
 division of horticulture, (3) the division of dairy and livestock, (4) 
 the division of foods, feeds, drugs, and oils, and (5) the division of 
 weights and measures. The director of agriculture shall have charge 
 and general supervision of the department and shall receive a salary 
 of not to exceed seventy-five hundred dollars per annum. 
 
 Sec. 4-87. Supervisor of foods, feeds, drugs, and oils. — The director 
 of agriculture shall have the power to appoint and deputize an 
 assistant director, to be known as the supervisor of foods, feeds, 
 drugs, and oils, who shall have charge and supervision of the divi- 
 sion of foods, feeds, drugs, and oils, and, with the approval of the 
 director, shall have power to appoint and deputize such inspectors, 
 and to appoint and employ such clerical and other assistants, as may 
 bet necessary to carry on the work of the division. 
 
 Sec. 4-88. Supervisor of weights and measures. — The director of agri- 
 culture shall have the power to appoint and deputize an assistant 
 
870 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 director, to be known as the supervisor of weights and measures, 
 who shall have charge and supervision of the division of weights 
 and measures, and, with the approval of the director, shall have 
 power to appoint and deputize such sealers, testers, and inspectors, 
 and to appoint and employ such clerical and other assistants, as may 
 be necessary to carry on the work of the division. 
 
 Sec. 4-94.' Powers and duties of department of agriculture regarding 
 weights and measures. — The director of agriculture shall have the 
 power, and it shall be his duty, through and by means of the divi- 
 sion of weights and measures : 
 
 (1) To exercise all the powers and perform all the duties relating 
 to weights and measures, now vested in, and required to be performed 
 by, the secretary of state, the superintendent of weights and meas- 
 ures, the deputy superintendent of weights and measures, the in- 
 spector of weights and measures, and the State sealers. 
 
 Pierce's Code, 1921, Vol. 1, p. 202. 
 
 Sec. 678 (1890). Cities may regulate weights and measures. — Any such 
 city [of the first class, having a populaton of twenty thousand or 
 more inhabitants] shall have power * * * 
 
 16. To establish and regulate markets, and to provide for the 
 weighing, measuring, and inspection of all articles of food and drink 
 offered for sale thereat, or at any other place within its limits, by 
 proper penalties, and to enforce the keeping of proper legal weights 
 and measures by all venders in such city, and to provide for the 
 inspection thereof; * * *. 
 
 Pierce's Code, 1921, Vol. 1, p. 774. 
 
 Sec. 2538, as amended by Laws, 1923, ch. 36, p. 80.— * * * For 
 the purposes of this act an article shall also be deemed to be mis- 
 branded: * * * 
 
 In the case of food: * * * Third. If in package form, the 
 quantity of the contents be not plainly and conspicuously marked on 
 the outside of the package in terms of weight, measure or numerical 
 count : Provided, however, That the reasonable variations shall be 
 permitted, and tolerances and also exemptions as to small packages 
 shall be established by rules and regulations made in accordance 
 with the provisions of chapter 168, Session Laws of 1917. * * * 
 
 Pierce's Code, 1921, Vol. 2, p. 2578. 
 
 Sec. 8894 (1909). "Using false weights and measures. — Every person 
 who shall injure or defraud another by using, with knowledge that 
 the same is false, a false weight, measure or other apparatus for de- 
 termining the quantity of any commodity or article of merchandise, 
 or by knowingly misrepresenting the quantity thereof bought or 
 sold; or who shall retain in his possession any weight or measure, 
 knowing it to be false, unless it appears beyond a reasonable doubt 
 (hat it was so retained without intent to use it or permit it to be used 
 in violation of the foregoing provisions of this section, shall be 
 guilty of a gross misdemeanor. 
 
 Pierce's Code, 1921, Vol. 2, p. 2628. 
 
 Sec. 9131-9 (1877). Charcoal measure. — All baskets for measuring 
 charcoal, in this State shall contain two bushels and shall be of the 
 
WASHINGTON 871 
 
 following dimensions, viz: Nineteen (19) inches in breadth in every 
 part thereof, and seventeen and one-half inches (17!/^) deep, meas- 
 uring from the top of the basket to the highest part of the bottom 
 and be well heaped : Provided, That nothing in this act shall be con- 
 strued so as to prevent the use of any basket, box or other measure in 
 conformity with the standard of measurements as provided in this 
 section. 
 
 Sec. 9131-10. Penalty. — Any person or persons who shall violate the 
 provisions of the preceding section shall be liable to a fine of five 
 dollars for each and every offense so committed, to be collected in 
 similar manner as other fines for similar cases are now collected, and 
 all fines collected as aforesaid shall belong to the school fund of the 
 county in which such offense or offenses may have been committed. 
 
 Pierce's Code, 1921, Vol. 1, p. 26. 
 
 Sec. 84-3 (1919). Commercial feeding stuff, net pounds, to be shown. — 
 Any person, company, corporation or agent, that shall sell, offer or 
 expose for sale, any concentrated commercial feeding stuff in this 
 State shall * * * affix or cause to be affixed to every package or 
 sample of such concentrated commercial feeding stuff, in a con- 
 spicuous place on the outside thereof, a tag or label, which shall be 
 accepted as a guarantee of the manufacturer, importer, dealer, or 
 agent, and which shall have plainty printed thereon, in the English 
 language, the number of net pounds of concentrated commercial 
 feeding stuff in the package or bulk shipment, the name, brand or 
 trade-mark under which the concentrated commercial feeding stuff is 
 sold, the name and address of the manufacturer, importer, dealer 
 or agent, * * *. 
 
 Sec. 85 (1899). Commercial fertilizers, weight to be marked. — Every 
 lot or parcel of commercial fertilizers or material used for manurial 
 purposes sold, offered or exposed for sale within this State, the retail 
 price of which is ten dollars or more per ton, shall be accompanied 
 by a plainly printed label, stating clearly and truly the number of 
 ten pounds of fertilizer in the package, the name, brand or trade- 
 mark under which the fertilizer is sold, the name and address of the 
 manufacturer or importer, the place of manufacture * * *. 
 
 Pierce's Code, 1921, Vol. 1, p. 1564. 
 
 Sec. 5546 (1911). Railroads to provide facilities for testing track 
 scales ; test car or device ; track scales tested ; fees. — It shall be the duty 
 of all railroads operating in this State, to provide suitable facilities 
 for the testing of all trade scales used by such railroads. The com- 
 mission [public service commission] is hereby authorized, after a 
 hearing, upon its own motion and after notice to the railroads operat- 
 ing in this State, to order a suitable car or other device or facility 
 to be provided by the railroad companies operating in this State, to 
 be used in testing the track scales used by such railroads, the expenses 
 of providing such car, device or facility to be equitably and reason- 
 ably apportioned among the different railroad companies by the com- 
 mission. Such car, device or facility shall be used by the commission 
 to test the accuracy of all track scales, and the different railroad com- 
 panies shall transport and move such car, device or facility without 
 charge therefor, to the different places designated by the commission 
 under such reasonable rules and regulations as the commission may 
 
872 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 prescribe. Such car, device or facility may be used in adjoining 
 States to test the scales of railroad companies and for that purpose 
 may be taken beyond the limits of the State under such reasonable 
 rules and regulations for the due care and return thereof as the com- 
 mission may prescribe. The commission is hereby authorized to pre- 
 scribe and collect a reasonable fee sufficient to cover the cost and 
 expenses connected therewith for the inspection and testing of all 
 scales. 
 
 Sec. 5587. Weighing of freight; scale tests. — The commission shall 
 have power to enforce reasonable regulations for the weighing of 
 cars and freight offered for shipment over any line of railroad, and 
 to test the weights made by any railroad and scales used in weighing 
 freight on cars. 
 
 Sec. 5679 (al907). Equipment of flat cars; stakes; weight deducted. — 
 The stakes, standards, supports, stays, railings and other equipments, 
 appliances and contrivances necessary to effectually and suitably 
 equip and supply every and all flat cars, and cars belonging to any 
 and every railroad company, or person engaged in the business of 
 carrying for hire in this State shall constitute and be held con- 
 sidered part and parcel of said cars, and the weight of same shall be 
 added to the weight of the cars, and shall be deducted from the 
 weight of the cargo, commodity, or product shipped on any and all 
 such flat car or cars so that the freight charges shall be charged by 
 the carrier only on the cargo, commodity or product carried. 
 
 Sec. 5683 (1905). Scales at junctions. — That all railroad companies 
 operating as common carriers within the limits of this State shall 
 hereafter be required to provide scales, and weigh at junction or at 
 some common point within this State all cars loaded with lumber, 
 shingles or other forest products for shipment. 
 
 Sec. 5684. Charges, how based. — All charges for freight on said com- 
 modities, except where error is apparent, shall be based on the 
 weights determined by the weighing stations within the limits of 
 this State, and all bills of lading of railroad companies operating 
 within the limits of this State shall specify these provisions: Pro- 
 vided, This act shall not apply to switching charges or to the han- 
 dling of logs where the charge is by the car or by the thousand 
 feet. 
 
 Sec. 5685. Statement of weight; shipper's count. — Any railroad com- 
 pany's employe acting as weigher shall upon request of any shipper 
 give him a statement showing gross and net weight of any shipment 
 by him. Sworn count and weight of shipper shall be presumptive 
 evidence of true weight where error in railroad weights is apparent. 
 
 Sec. 5686. Cars weighed separately. — All cars shall be weighed on the 
 scales separately, and not attached to other cars, and at a stand- 
 still. 
 
 Sec. 5687. Penalty for violation. — In case of violation of the pro- 
 visions of this act by any railroad company, it shall pay a penalty 
 of twenty dollars ($20) for every car it shall neglect to weigh and 
 bill within the State as above provided, to be recovered from such 
 company in action where there is any agent of such railroad company 
 who may be served with process, and the penalties recovered under 
 this act shall be paid into the county treasury in such county where 
 action is taken. 
 
WASHINGTON 873 
 
 Sec. 5688. May contract regarding weights, when. — Nothing con- 
 tained in this bill shall interfere with the right of the shipper and 
 carrier to enter into a private contract regarding weights when it is 
 impracticable to weigh. 
 
 Sec. 5689 (1901). Railroads to provide scales; freight charges based on 
 weight. — All railroad companies operating any railroad or any part 
 thereof within the limits of this State are required to provide scales 
 and weigh at some common point or points within this State all 
 cars loaded with lumber, shingles or any other forest products 
 destined for shipment to any and all points within the limits of 
 the State, and also carload shipments of said commodities to any 
 and all points outside of the limits of this State. Also that charges 
 for freight on said commodities be based on the weights determined 
 by the weighing stations within the limits of this State. Also that 
 all bills of lading of railroads operating within the limits of this 
 State specify said provision. 
 
 Pierce's Code, 1921, Vol. 1, p. 816. 
 
 Sec. 2642 (1919). Public warehouse; terminal warehouse. — The term 
 public warehouse when used in this act, includes any elevator, mill, 
 warehouse or structure in which grain, hay or peas are received from 
 the public for storage, shipment or handling, whenever such grain, 
 hay or peas are carried or intended to be carried to or from such 
 warehouse, elevator, mill or structure by a common carrier. 
 
 The term terminal warehouse, when used in this act, includes any 
 public warehouse situate in Seattle, Tacoma, Spokane or other 
 cities in the State which may be hereafter designated as inspection 
 points. * * * 
 
 The term commission when used in this act means the public serv- 
 ice commission of Washington. 
 
 Sec. 2643. Duties of public service commission. — The commission shall 
 exercise general supervision over the handling, weighing, inspecting 
 and storage of grain, hay and peas and the inspection, grading and 
 weighing of other commodities included in the provisions of this 
 act and the regulation of public and terminal warehouses. Such 
 commission shall investigate all complaints of fraud and injustice 
 in the grain and hay trade and in the trade in the other commodities 
 included in the provisions of this act, fix the charges of public and 
 terminal warehouses and make all necessary rules and regulations 
 for carrying out and enforcing the provisions of this act, and of all 
 laws of the State relating to this subject. 
 
 Sec. 2644. Chief inspector; salary. — The commission, with the ap- 
 proval of the governor, shall appoint a chief inspector, who shall be 
 thoroughly familiar with the grains, grain products and forage 
 crops of Washington and who shall have had at least five years' ex- 
 perience in the handling of such products. * * * He shall re- 
 ceive such salary as the commission may determine upon, in no event 
 to exceed twenty-five hundred dollars ($2,500.00) per annum, and 
 necessary traveling expenses and shall reside at Tacoma. 
 
 Sec. 2645, as amended by laws, 1921, ch. 145, p. 540. Appointment of 
 deputies, etc. — The chief inspector, with the approval -of the commis- 
 sion, shall appoint such number of deputies, inspectors, samplers 
 and weighers, who shall be designated as inspectors, as may be neces- 
 sary to properly and thoroughly inspect and weigh the commodities 
 
874 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 included in the provisions of this act and such other employees as 
 may be necessary. One of such inspectors in each of the cities of 
 Seattle, Tacoma, Spokane, Everett and Yakima and such other places 
 as may be designated by the commission, shall be styled chief deputy 
 inspector. * * * 
 
 Sec. 2649, as amended by Laws, 1921, ch. 145, p. 540. State inspection 
 and weighing. — The cities of Seattle, Tacoma, Spokane, Everett and 
 Yakima shall be provided with State inspection and weighing under 
 this act. Such other cities and towns or districts where commodities 
 included in the provisions of this act, are received or shipped by 
 common carrier, and the shipments are such as would reasonably 
 justify and render necessary the inspection and weighing thereof, 
 may be designated by the commission as inspection points and be 
 provided with State inspection and weighing: Provided, That the 
 expenditure for the inspection and weighing at each of such points 
 designated by the commission shall not exceed the receipts of the fees 
 at such place. 
 
 Sec. 2653, as amended by Laws, 1923, ch. 48, p. 143. Certain commodi- 
 ties may be weighed and graded, when; fees.— The director of the de- 
 partment of agriculture shall fix and establish standard grades to 
 apply to all grain and hay, bought or handled by the public or 
 terminal warehouses, or bought according to State grades in this 
 State. * * * The director may authorize the weighing and grad- 
 ing, upon request of any interested party, of commodities of com- 
 merce, other than grain or hay, such as grain or hay products, rice, 
 beans and other similar articles, nitrates and other fertilizers, sul- 
 phur and other chemicals used in the arts or in manufacturing, 
 when same are received from or delivered to any rail or water car- 
 rier in the State in commercial transportation, and may authorize 
 the certification of the weights and grades thereof. Fees for such 
 service, sufficient to cover the cost thereof, shall be fixed by the 
 director. * * * 
 
 Sec. 2670, as amended by Laws, 1921, ch. 145, p. 540. Side tracks; track 
 scales; penalty; inspection of scales. — Any railroad delivering grain or 
 hay in cars at any of the places provided with State inspection under 
 this act shall provide convenient and suitable side tracks and loading 
 facilities at such places as the commission may designate, on which 
 all cars of grain or hay delivered by them shall, upon arrival, be set 
 and arranged convenient for inspection, and after inspection such 
 railroad company shall promptly distribute all such cars of grain 
 and hay and set them at the proper place or places to be unloaded 
 as designated by the consignor or consignee. Such railroad com- 
 pany shall provide at such place or places as the commission may 
 designate suitable track scales for weighing cars of grain or hay. 
 Such scales shall be under the control of the commission. It shall 
 be the duty of the commission to require the railroad company to 
 correct all scales so provided as often as may be necessary to insure 
 the correct weighing of grain or hay. Whenever scales have been 
 installed by any railroad company as above provided such scales 
 shall be used in weighing all grain or hay received over the line of 
 such railway and it shall be the duty of the railroad company to 
 weigh cars loaded with grain, hay or other commodities included 
 in the provisions of this act, while loaded and to reweigh the car 
 
WASHINGTON 875 
 
 when the load has been removed therefrom. Failure or neglect to 
 carry out the provisions of this act by any railroad company shall 
 subject it to a. fine of not less than twenty -five ($25.00) nor more 
 than one hundred dollars ($100.00) for each offense: Provided, That 
 if any terminal warehouse in inspection cities are provided with 
 proper scales and weighing facilities, the chief inspector or his 
 deputy may weigh the grain upon the scales so provided. The com- 
 mission at least once each year shall cause to be examined, tested 
 and corrected all scales used in weighing grain or hay in any of 
 the cities designated as inspection points in this act or such places 
 as may be hereinafter designated, and after such scale is tested, if 
 found to be correct and in good condition, to seal the^ weights with 
 a seal provided for that purpose and issue to the owner or pro- 
 prietor a certificate authorizing the use of such scales for weighing 
 grain or hay for the ensuing year, unless sooner revoked by the com- 
 mission. If such scales be found to be inaccurate or unfit for use, 
 the commission shall notify the party operating or using them, and 
 the party thus notified shall, at his own expense, thoroughly repair 
 the same before attempting to use them, and until thus repaired 
 to the satisfaction of the commission, the certificate of such party 
 shall be suspended or revoked, in the discretion of the commission. 
 The party receiving such certificate shall pay to the commission a 
 reasonable fee for such inspection and certificate to be fixed by the 
 commission, which sum shall be paid into the State treasury. It 
 shall be the duty of the said commission to see the provisions of this 
 section are strictly enforced. 
 
 Sec. 2670a (1921). Director of agriculture; powers. — When the direc- 
 tor of agriculture shall be appointed, qualify, assume and exercise 
 the duties of his office, under the provisions of chapter 7 of the laws 
 of 1921, he shall through and by means of the division of agricul- 
 ture, exercise all the powers and perform all the duties by this act 
 vested in, and required to be performed by, the public service com- 
 mission of Washington. 
 
 Sec. 2672 (1919). Shipper's weight and grade, where conclusive. — 
 When grain, hay or peas are shipped to points where inspection is 
 provided and the bill of lading does not contain the notation " Not 
 for terminal weight and grade" and the grain or hay is unloaded 
 by or on account of the consignee or his assignee without being in- 
 spected or weighed by a duly authorized inspector under the pro- 
 visions of this act, the shipper's weight and grade shall be con- 
 clusive and final and shall be the weight and grade upon which set- 
 tlement shall be made with the seller, and the consignee or his as- 
 signee, by whom such grain, hay or peas are so unlawfully un- 
 loaded shall be liable to the seller thereof for liquidated damages 
 in an amount equal to ten per cent of the scale [sale] price of such 
 hay, grain or peas computed on the basis of the shipper's weight 
 and grade. 
 
 Sec. 2673. Penalty for violations of act; offenses by officers and em- 
 ployees ; offenses by other persons. — Any railroad companj^ or common 
 carrier or other corporation, and any warehouseman,' which shall 
 violate or fail to comply with any provision of this act, or which 
 fails, omits or neglects to obey, observe or comply with any order, 
 rule or any direction, demand or requirement of the commission 
 
876 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 made under the provisions of this act, shall be subject to a penalty 
 of not to exceed the sum of one thousand dollars ($1,000.00) for each 
 and every offense, and every such violation shall be a separate and 
 distinct offense, and in case of a continuing violation, every day's 
 continuance thereof shall be, and be deemed to be, a separate and 
 distinct offense. 
 
 Every officer, agent or employe of any railroad company or com- 
 mon carrier, or other corporation, or any warehouseman, who shall 
 violate or fail to comply with, or who procures, aids or abets any 
 violation by any such railroad company or common carrier, or other 
 corporation or warehouseman, of any provisions of this act, or who 
 shall fail to obey, observe or comply with any order of the commis- 
 sion, or any provision of any order of the commission, or who pro- 
 cures, aids or abets any such railroad company or common carrier, 
 or other corporation, or any warehouseman, in its failure to obey, 
 observe and comply with any such order or provision, shall be 
 guilty of a gross misdemeanor. 
 
 Every person, either individually or acting as an official or agent 
 of any corporation other than a railroad company, common carrier 
 or warehouseman, who shall violate any provision of this act, or 
 fail to observe or comply with any order made by the commission 
 under this act, so long as the same shall be or remain in force, or 
 shall procure, aid or abet any such corporation in its violation of 
 this act, or in its failure to obey, observe or comply with any such 
 order, shall be guilty of a gross misdemeanor. 
 
 Sec. 2678 (1915). Grain to be weighed by State inspector. — It shall be 
 unlawful for any grain warehouseman to receive in any public 
 terminal grain warehouse any grain that has not been inspected and 
 weighed in by a duly authorized grain inspector of the State of 
 Washington, or to deliver out of any class A grain warehouse any 
 grain that has not been weighed out by a duly authorized State 
 grain inspector. 
 
 Sec. 2685. Class B warehouse receipts; inspection and weighing of 
 grain; deliveries. — It shall be unlawful for any warehouseman conduct- 
 ing a class B grain warehouse to receive any grain into his ware- 
 house without having the same inspected and weighed in by a State 
 grain inspector, and it shall be the duty of every such warehouse- 
 man, to, upon request, issue or cause to be issued a receipt for each 
 consignment of grain received, showing the weight, kind and grade of 
 such grain, the name of the owner thereof and the date when the 
 same was received, but such receipts shall not be entitled to regis- 
 tration and grain shall be delivered from such warehouse without the 
 supervision of the registrar of warehouse receipts. 
 
 Sec. 2686. Fees for inspection and weighing. — The fees for weighing 
 out grain from a class A grain warehouse and for inspecting out 
 grain in case the owner desires inspection out, shall be fixed by the 
 public service commission of Washington, and the State grain in- 
 spectors, may, when requested so to do by persons desiring grain 
 inspected out, issue certificates of inspection in accordance with the 
 names of the grains used in the markets to which the grain is to be 
 shipped. 
 
WASHINGTON 877 
 
 Pierce's Code, 1921, Vol. 1, p. 506. 
 
 Sec. 1855-17 (1919). Measuring bottles for Babcock test; penalty for 
 noncompliance; duty of commissioner of agriculture. — All bottles and 
 pipettes used in measuring milk or milk products for making deter- 
 mination of the per cent of fat in said milk or milk products shall 
 have clearly blown or otherwise permanently marked in the side 
 of the bottle or pipette the word " sealed," and in the side of the 
 pipette or the side or bottom of the bottle the name, initials, or 
 trade-mark of the manufacturer and his designating number, which 
 designating number shall be different for each manufacturer and 
 may be used in identifying bottles. The designating number shall 
 be furnished by the commissioner of agriculture upon application 
 by the manufacturer and upon the filing by the manufacturer of 
 a bond in the sum of one thousand dollars ($1,000.00) * * *. 
 
 Any manufacturer who sells Babcock milk, cream or butter test 
 bottles or milk pipettes, to be used in this State, that do not comply 
 with the provisions of this section shall suffer the penalty of five 
 hundred dollars ($500.00) to be recovered by the attorney general 
 in an action against the offender's bondsmen, to be brought in 
 the name of the people of the State. Any dealer who uses, for 
 the purpose of determining the per cent of milk fat in milk or 
 milk products, any bottles or pipettes purchased after this law 
 takes effect that do not comply with the provisions of this section 
 relating thereto, shall be deemed guilty of a misdemeanor. 
 
 The commissioner of agriculture shall, prescribe specifications with 
 which the glassware mentioned in this section shall comply. The 
 unit of graduation for all Babcock glassware shall be the true 
 cubic centimeter or the weight of one gram of distilled water as 
 four degrees centigrade. 
 
 Inspectors of the department of agriculture are not required to 
 seal Babcock milk, cream or butter test bottles or milk pipettes 
 marked as in this section provided, but they shall from time to 
 time make tests of individual bottles used by the various firms 
 in the territory over which they have jurisdiction in order to ascer- 
 tain whether the above provisions are being complied with and 
 they shall report immediately to the commissioner of agriculture 
 violations found. 
 
 Sec. 1855-18. Operation of testers. — In all tests made of milk or 
 cream received or purchased upon the basis of the amount of butter- 
 fat contained therein, and in all tests of any sample of milk or 
 cream so received or purchased, the Babcock tester shall be operated 
 at the proper speed or speeds. The proper speeds for such opera- 
 tions are hereby declared to be as follows : 
 
 For tester with diameter of fourteen inches, the speed shall be 
 between eight hundred seventy-five and nine hundred twenty-five 
 revolutions per minute. 
 
 For tester with diameter of sixteen inches, the speed shall be be- 
 tween eighteen hundred twenty-five and eight hundred seventy-five 
 revolutions per minute. 
 
 For tester with diameter of eighteen inches, the speed shall be 
 between seven hundred seventy-five and eight hundred twenty-five 
 revolutions per minute. 
 
878 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 For tester with diameter of twenty inches, the speed shall be be- 
 tween seven hundred and twenty-live and seven hundred and seventy- 
 five revolutions per minute. • 
 
 For tester with diameter of twenty-four inches, the speed shall be 
 between five hundred seventy-five and six hundred twenty-five revo- 
 lutions per minute. 
 
 Sec. 1855-19 (al921). Temperature for testing purposes. — In all tests 
 made of milk or cream to determine the amount of milk fat therein 
 the Babcock tester must be read at the proper temperature which is 
 hereby declared to be not less than one hundred and thirty degrees 
 Fahrenheit and not more than one hundred and forty degrees Fah- 
 renheit, and all payments for or sales of milk or cream made on the 
 basis of measurement or weight shall be made according to the true 
 weight and measurement which is hereby declared to be seventeen 
 and six-tenths cubic centimeters for milk and nine grams or eighteen 
 grams for cream. In all tests for cream the cream shall be weighed 
 into the test bottle. 
 
 Sec. 1855-20 (1919). Scale sensibility. — The sensibility of all scales 
 used for weighing cream samples into the test bottles used in making 
 any test with the Babcock tester shall be not more than thirty milli- 
 grams, and the standard weights shall be nine grams and eighteen 
 grams. 
 
 Sec. 1855-21. Test samples. — Each and every person whose duty it 
 shall be to take, or who shall take or make any test or measure or 
 take or extract any sample of milk or cream sold or purchased, or to 
 be sold or purchased, by weight, test or measure, shall weigh,' test 
 or measure the milk or cream sold or purchased by or from each in- 
 dividual separately. He shall before making any test, or taking 
 or extracting any such sample, thoroughly mix the milk and cream 
 of the entire shipment or delivery from which a sample is to be taken, 
 or extracted, by pouring or stirring until such milk and cream is of 
 uniform and homogeneous constituency and richness, or shall take a 
 sample from each can or other container of the entire shipment to 
 be sampled and tested. 
 
 Sec. 1855-22. Deceit in weight, measure, or test. — No person, firm or 
 corporation, selling, delivering or hauling milk or cream, and no 
 person, firm or corporation receiving or purchasing milk or cream by 
 weight or test, or both, or by measure or test, or both, shall with in- 
 tent to deceive, defraud or mislead as to the weight, measure or test 
 thereof, manipulate, change or alter such measure, test or weight, or 
 make or return to any person any false, deceitful, inaccurate or un- 
 true statement of such weight, test or measure, or use any measure or 
 testing apparatus which does not comply with the standards defined 
 therefor in this act or which has been condemned as inaccurate by the 
 department of agriculture. 
 
 Sec. 1855-23. Unfair samples. — No person shall take, extract or re- 
 turn to any creamery, milk plant, cheese factory or factory of milk 
 products, any unfair, fraudulent or manipulated sample of any 
 cream or milk purchased, received, hauled, sold or delivered. 
 
 Sec. 1855-25, as amended by Laws, 1923, ch. 27, p. 61, sec. 6. Official 
 testers. — All tests of milk or cream sold, purchased or delivered on 
 the basis of the amount of milkfat or butterfat contained therein 
 shall be performed by a Babcock licensed tester. Such tester shall 
 personally operate and conduct each test and shall be personally 
 
WASHINGTON 879 
 
 responsible to any person injured by any careless, negligent or un- 
 skillful operation thereof, and for any fraudulent, intentionally in- 
 accurate or manipulated report or return of any such test. * * * 
 
 Sec. 1855-37. Revisory tests. — The department of agriculture shall 
 conduct tests at any creamery, milk plant, cheese factory, milk con- 
 densing plant or factory of milk products where there is reason to 
 believe that milk or cream purchased or sold upon any basis of test, 
 weight or measure is not being tested, weighed or measured ac- 
 curately. 
 
 Sec. 1855-38. Inspection of testing apparatus. — All apparatus used 
 for the purpose of testing milk or cream sold, purchased or delivered 
 upon the basis of the amount of milk fat contained therein shall be 
 inspected and tested from time to time by the department of agricul- 
 ture and any such apparatus, or any portion thereof, found defective 
 or faulty shall be condemned and be replaced through the department 
 at cost to the user. 
 
 Pierce's Code, 1921, Vol. 1, p. 526. 
 
 Sec, 1879 (1905). Babcock test. — It shall be unlawful for the owner, 
 manufacturer, agent or any employee of a butter or cheese factory 
 or condensory to under or over read the Babcock test, or to manipu- 
 late for the purpose of deception any other contrivance used for deter- 
 mining the quality or value of milk or cream. 
 
 Sec. 1881 (1890). Capacity officially stamped on milk cans. — All milk 
 cans or other vessels used for the shipping, sale or dispensing of 
 milk shall have their liquid capacity United States standard, meas- 
 ured and plainly sealed or stamped thereon by any county auditor, 
 as ex officio county sealer, or any of his deputies, in the manner 
 already provided for the sealing of weights and measures. 
 
 Sec. 1882. Penalty for use of unmarked cans. — Any individual or cor- 
 poration owning and using milk cans or other vessels or shipping, 
 selling or dispensing of milk by measurement for a consideration 
 in a can or vessel that has not been officially sealed and its liquid 
 capacity plainly stamped thereon, shall be subject to a fine of five 
 dollars for every offense, and the forfeiture of all unsealed milk cans 
 or vessels found in his or its possession. 
 
 Sec. 1883. Fees for sealing. — Any county sealer shall charge a fee of 
 ten cents for each milk can or vessel so stamped or sealed. 
 
 Pierce's Code, 1921, Vol. 1, p. 1208. 
 
 Sec. 3920 (1917). Weighing coal before screening. — It shall be un- 
 lawful for any mine owner, lessee or operator of coal mines in the 
 State of Washington, employing miners at ton rates, to pass the out- 
 put of coal mined by said miners over any screen or other device 
 which will take any part from the value thereof before the same shall 
 have been duly weighed and credited to the employee sending the 
 same to the surface, and accounted for at the legal rate of weights 
 as fixed by the laws of the State of Washington. 
 
 Sec. 4031. Weighing coal and posting miner's record; check-weighman ; 
 penalty for false weighing or recording. — (a) The operator of 
 every coal mine where the miners are paid by the weight of their 
 output, shall provide at such mine suitable and accurate scales for 
 the weighing of such coal, and a correct record shall be kept of all 
 
 517—27 66 
 
880 LAWS CONCEBNING WEIGHTS AND MEASUBES 
 
 coal so weighed, and each day's record shall be posted where it is 
 open at all hours to the inspection of miners. Sufficient weights 
 shall be furnished by the operator for the purpose of testing the ac- 
 curacy of said scales : Provided, however, That where a check- weigh- 
 man is employed the operator shall not be required to post each 
 day's record. 
 
 (&) The miners employed by or engaged in working at any coal 
 mine in this State shall have the privilege, if they desire, of employ- 
 ing at their expense a check- weighman, who shall have like rights, 
 powers and privileges in the weighing of coal as the regular weigh- 
 man, and be subject to the same oath and penalties as the regular 
 weighman. Said oath or affirmation shall be conspicuously posted 
 in the weigh office. * * * 
 
 (d) Any weigher of coal, or any person so employed, who shall 
 knowingly violate any of the provisions of this and the preceding 
 section, shall be deemed guilty of a misdemeanor, and upon convic- 
 tion shall be pimished by a fine of not less than twenty-five dollars 
 ($25.00), nor more than one hundred dollars ($100.00) for each 
 offense, or by imprisonment in the county jail for a period not to 
 exceed thirty (30) days, or by both such fine and imprisonment, pro- 
 ceedings to be instituted in any court having jurisdiction therein. 
 
WEST VIRGINIA 
 Acts, 1915, ch. 16, p. 167. 
 
 Sec. 1. State standards of weights and measures, where kept. — The 
 weights and measures received from the United States under a 
 resolution of Congress approved June fourteen, one thousand eight 
 hundred and thirty-six, and such new weights and measures as shall 
 be received from the United States as standard weights and measures 
 in addition thereto or in renewal thereof, and such as shall be sup- 
 plied by the State in conformity therewith and certified by the Na- 
 tional Bureau of Standards, shall be the State standards of weights 
 and measures. Said State standards may be kept at the State uni- 
 versity in its physical laboratory, or elsewhere at the discretion of 
 the State commissioner of labor, who shall be ex officio commissioner 
 of weights and measures. 
 
 Sec. 2. Office and working standards. — In addition to the State stand- 
 ards of weights and measures provided for in this act, there shall be 
 supplied by the State at least one complete set of copies of these 
 standards, to be known as office standards; and such other weights, 
 measures and apparatus as may be found necessary to carry out the 
 provisions of this act, to be known as working standards. Such 
 weights, measures and apparatus shall be verified by the State com- 
 missioner, or his deputy or inspectors, at his discretion, upon the 
 initial receipt of such weights, measures and apparatus and at least 
 once in each year thereafter, the office standards by direct com- 
 parison with the State standards, the working standards by com- 
 parison with the office standards. When found accurate upon these 
 tests the office and working standards shall be sealed by stamping 
 on them the letters " W. V." and the last two figures of the year with 
 seals which the State commissioner shall have and keep for that 
 purpose. The office standards shall be used in making all com- 
 parisons of weights, measures and weighing and measuring devices 
 submitted for test in the office of the commissioner, and the State 
 standards shall be used only in verifying the office standards and for 
 scientific purposes. 
 
 Sec. 3, as amended by Acts, 1919, ch. 53, p. 224. Commissioner of 
 weights and measures; appointment and salaries of deputies and inspec- 
 tors. — The State commisioner of labor shall be ex officio commis- 
 sioner of weights and measures, and he shall be authorized to ap- 
 point and fix the salaries of such deputies and inspectors, not to ex- 
 ceed two in number, as may be required to carry out the purpose of 
 this act, within the limits of such appropriations as may be made by 
 the legislature for the maintenance of the work of the bureau of 
 labor : Provided, The salaries of each of said deputies or inspectors 
 shall not exceed eighteen hundred dollars per annum. 
 
 Sec. 4. Same; bond. — The State commissioner of labor shall forth- 
 with, on his appointment, give bond in the penal sum of five 
 
 881 
 
882 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thousand dollars, with sureties to be approved by the attorney gen- 
 eral, for the faithful performance of the duties of his office as State 
 commissioner of weights and measures, and for the safe keeping of 
 the standards entrusted to his care and for the surrender thereof im- 
 mediately to his successor in office or to the person appointed by the 
 governor to receive them. 
 
 Sec. 5. Same; duties; assistant commissioner, duties. — The commis- 
 sioner of weights and measures shall take charge of the standards 
 adopted by this act as the standards of the State, and cause them to 
 be kept in a safe and suitable place, from which they shall not be 
 removed except for repair or for certification, and he shall take all 
 other necessary precautions for their safe-keeping. He shall main- 
 tain the State standards in good order and shall submit them at least 
 once in ten years to the National Bureau of Standards for certifica- 
 tion. He shall keep a complete record of the standards, balances, 
 and other apparatus belonging to the State and take a receipt for 
 same from his successor in office. He shall annually, on the first day 
 of January, make to the governor a report of all work done by his 
 office. The director of the physical laboratory of the West Virginia 
 University shall, by virtue of his appointment to that position by the 
 State board of regents, become the assistant commissioner of weights 
 and measures. It shall be his duty, upon the request of the commis- 
 sioner, to make or cause to be made at said physical laboratory all 
 such tests, calibrations and determinations as may be necessary for 
 the carrying out of this act. 
 
 Sec. 6. Same; subpoenaing, etc., witnesses; punishment for contempt. — In 
 the exercise of his powers and the performance of his duties under this 
 act, the commissioner of weights and measures shall have the power 
 to administer oaths and issue subpoenas to compel the attendance of 
 witnesses and the production of books, papers, accounts and docu- 
 ments. In case of disobedience on the part of any person or persons 
 to comply with any proper order of the commissioner, or any sub- 
 poena issued in behalf of said commissioner, or on the refusal of any 
 witness to testify with reference to any matters upon which such 
 witness may be lawfully interrogated, it shall be the duty of the cir- 
 cuit court of any circuit, upon application of the commissioner, to 
 compel obedience by attachment proceedings for contempt as in the 
 case of disobedience of the requirements of a subpoena issued from 
 such court or a refusal to testify therein. 
 
 Sec. 7, as amended by Acts, 1919, ch. 53, p. 224. Testing county and 
 city sets of standards; inspecting work of local sealers, etc. — The com- 
 missioner of weights and measures, or his assistant commissioner, 
 deputy, or inspectors, at his direction shall at least once in five years 
 try and prove by the office standards all standard weights, measures 
 and other apparatus which may belong to any county or city, required 
 to appoint a sealer and to purchase and keep standards of weights and 
 measures by the provisions of this act, and shall seal such when found 
 to be accurate by stamping on them the letters " W. Va." and the 
 last two figures of the year with seals which he shall have and keep 
 for that purpose. 
 
 The State commissioner or his assistant, deputy or inspectors, at 
 his direction, shall inspect all standard weights, measures and other 
 apparatus used by such counties and cities at least once in two years, 
 and shall keep a record of the same. He, or his deputy, or inspectors, 
 
WEST VIRGINIA 883 
 
 at his direction, shall at least once in two years visit these cities and 
 counties for the purpose and in order to inspect the work of the local 
 sealers, and in the performance of such duties they may inspect the 
 weights, measures, balances, or any other weighing or measuring 
 appliances of any person, and shall have the same powers as the local 
 sealer of weights and measures. The rules and regulations for the 
 guidance of county and city sealers of weights and measures issued 
 by the Bureau or Weights and Measures [Bureau of Standards] 
 or Washington, D. C, known as Circular No. 2 [Handbook No. 1], 
 or any subsequent rules and regulations issued by such Bureau of 
 Weights and Measures [Bureau of Standards], shall be the rules 
 and regulations governing the inspectors and county and city sealers 
 in the performance of their duties. 
 
 Sec. 8. Commissioner of weights and measures; powers and duties. — 
 The State commissioner of weights and measures, shall have and 
 keep a general supervision of the weights and measures, and weigh- 
 ing or measuring devices offered for sale, sold, or in use in the State. 
 He or his assistant commissioner, deputy, or inspectors, at his direc- 
 tion, shall, upon the written request of any citizen, firm or corpora- 
 tion, or educational institution in the State, test or calibrate weights, 
 measures and weighing or measuring devices used as standards in the 
 State. He, or his assistant commissioner, deputy, or inspectors, at his 
 discretion, shall at least once annually test all scales, weights and 
 measures used in checking the receipts or disbursements of supplies 
 in every institution for the maintenance of which moneys are appro- 
 priated by the legislature, and he shall report in writing his findings 
 to the State board of control and to the executive officer of the insti- 
 tution concerned, and, at the request of such board or executive officer, 
 the commissioner of weights and measures shall appoint, in writing, 
 one or more employees then in the actual service of the institution 
 who shall act as special deputies for the purpose of checking the 
 receipts and disbursements of supplies. 
 
 Sec. 9. Same. — The State commissioner shall have the power, and it 
 shall be his duty, either personally or by deputy or through the 
 agency of a county or city sealer of weights and measures, to inspect, 
 test, try and ascertain if they are correct, all weights, measures, and 
 weighing or measuring devices kept, offered or exposed for sale, 
 sold, or used or employed by any proprietor, agent, lessee, or em- 
 ploye in proving the size, quantity, extent, area, or measurement of 
 quantities, things, produce, or articles for distribution or consump- 
 tion purchased or offered or submitted by such person or persons for 
 sale, hire, or award; and he shall have the power to and shall from 
 time to time weigh or measure and inspect packages or amounts 
 of commodities of whatsoever kind kept for the purpose of sale, 
 offered or exposed for sale, or sold or in the process of delivery, in 
 order to determine whether the same contain the amounts represented, 
 and whether they be offered for sale or sold in a manner in accord- 
 ance with law. He shall at least twice a year and as much oftener 
 as he may deem necessary see that all weights, measures and weighing 
 or measuring devices are correct. He and his authorized deputies 
 may for the purpose above mentioned, and in the general perform- 
 ance of their official duties, enter and go into or upon, and without 
 formal warrant, any stand, place, building, or premises, or stop any 
 
884 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 dealer whatsoever, and require him, if necessary, to proceed to some 
 place which the State commissioner may specify, for the purpose of 
 making the proper tests. Whenever the State commissioner finds a 
 violation of the statutes relating to weights and measures, he shall 
 cause the violator to be prosecuted. 
 
 Sec. 10. Sealing and marking tested instruments. — Whenever the 
 State commissioner compares weights, measures, or weighing or 
 measuring instruments and finds that they correspond, or causes 
 them to correspond, with the standards in his possession, he shall seal 
 or mark such weights, measures, or weighing or measuring instru- 
 ments with appropriate devices. 
 
 Sec. 11. Destruction, repair, etc., of inaccurate instruments. — The 
 State commissioner shall condemn and seize and may destroy incor- 
 rect weights, measures or weighing or measuring devices which, in his 
 best judgment, are not susceptible of satisfactory repair, but such as 
 are incorrect and yet may be repaired, he shall mark or tag as " con- 
 demned for repairs." The owner or users of any weights, meas- 
 ures, or weighing or measuring devices of which such disposition is 
 made, shall have the same repaired or corrected within ten days, and 
 said owner or users may neither use nor dispose of the same in any 
 way, but shall hold the same at the disposal of the commissioner. 
 Any weights, measures, or weighing or measuring devices which 
 have not been repaired as required above, shall be confiscated by the 
 commissioner. 
 
 Sec. 12. Deputies and inspectors; powers and duties. — The powers and 
 duties given to and imposed upon the State commissioner of weights 
 and measures by sections six, nine, ten and eleven, are hereby given 
 to and imposed upon his deputies and inspectors also, when acting 
 under his instructions and at his directions. 
 
 Sec. 13, as amended by Acts, 1919, ch. 53, p. 224. Sheriff as ex officio 
 county sealer; county sealer and deputies. — Except in counties where 
 the county commissioners shall appoint a sealer of weights and 
 measures as hereinafter provided, the sheriff of the county shall be 
 ex officio county sealer of weights and measures in each county, and 
 no fee shall be charged by him or by the county for the inspection, 
 testing or sealing or the repairing or adpisting of weights, measures, 
 or measuring devices. Whenever the county commissioners of any 
 county shall deem it necessary, they may appoint and fix the salary 
 of one sealer and one or more deputy sealers of weights and measures. 
 Such sealer or deputies, when not appointed merely for some tempo- 
 rary purpose, shall hold office for a term of four years from the date 
 of their appointment, unless removed for just cause, and all deputies 
 shall have the same power and may perform the same duties as the 
 county sealer when acting under his instructions and at his direction. 
 
 Sec. 14, as amended by Acts, 1919, ch. 53, p. 224. City sealer and depu- 
 ties; county sealers' powers in certain cities; regulations. — There may 
 be a city sealer of weights and measures in cities of not less than 
 twenty -five thousand population, according to the latest official state- 
 ment of United States census, to be appointed by the mayor from a 
 list to be furnished by the civil service board, and under the rules of 
 such board, where such board exists ; otherwise, he shall be appointed 
 by the mayor, by and with the advice and consent of the common 
 council, and shall hold office for a term of two years and receive 
 
WEST VIRGINIA 885 
 
 a salary to be determined by the appointive power. The county 
 commissioners of any county or the mayor of any such city may 
 appoint one or more deputy sealers of weights and measures. All 
 deputies appointed shall have the same power and perform the same 
 duties as the county or city sealer when acting under his instructions 
 and his direction, and no fee shall be charged by any county or city 
 for the testing, trying, adjusting or repairing of any weights or 
 measures, or weighing or measuring device. The commissioner shall 
 issue from time to time regulations for the guidance of the county 
 and city sealers and the said regulations shall govern the procedure 
 to be followed by the aforesaid officers in the discharge of their 
 duties. 
 
 Sec. 15. Combination of municipalities. — Nothing in sections thirteen 
 and fourteen of this act shall be construed to prevent two or more 
 counties or a county and any city therein, from combining the whole 
 or any part of their districts, as may be agreed upon by the county 
 commissioners of the counties, or such county commissioners and the 
 mayor and common council of the city employing one set of stand- 
 ards and one sealer, upon the written consent of the State com- 
 missioner of weights and measures. A county sealer or city sealer 
 appointed in pursuance of an agreement for such combination shall, 
 subject to the terms of his appointment, have the same authority, 
 jurisdiction, and duties as if he had been appointed by each of the 
 authorities who are parties to the agreement. 
 
 Sec. 16, as amended by Acts, 1919, ch. 53, p. 224. Bonds of sheriff and 
 county and city sealers. — Each county or city sealer of weights and 
 measures or deputy sealer of weights and measui'es, under the provi- 
 sions of sections thirteen and fourteen of this act, shall forthwith 
 upon his appointment give bond in the penal sum of one thousand 
 dollars, with sureties to be approved by the appointing power, for 
 the faithful performance of the duties of his office. 
 
 Sec. 17. County and city sets of standards; duty to procure. — The 
 county commissioners of each county and the common council of 
 each city required to appoint a sealer under the provisions of this 
 act shall procure at the expense of the county or city, and shall keep 
 at all times a set of weights and measures and other apparatus as 
 complete and of such material and construction as the State commis- 
 sioner of weights and measures may direct. All such weights, meas- 
 ures, and other apparatus having been tried and accurately proven 
 by the State commissioner shall be sealed and certified to by him as 
 hereinbefore provided, and shall then be deposited with and pre- 
 served by the county or city sealer as public standards for such 
 county or city. 
 
 Whenever the county commissioner [s] of such county or the com- 
 mon council of such city shall neglect for six months so to do, the 
 county clerk of said county, or the city clerk or recorder of said city, 
 on notification and request by the commissioner of weights and meas- 
 ures, shall provide such standards and cause the same to be tried, 
 sealed and deposited at the expense of the county or city. 
 
 Sec. 18. County and city sealers; powers and duties. — Where not 
 otherwise provided by law, the county or city sealer shall have the 
 same powers and shall perform the same duties within his county 
 or city as are granted to and imposed upon the State commissioner 
 
886 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 of weights and measures provided for in sections nine, ten and eleven 
 of this act. 
 
 Sec. 19. Same; records; annual reports. — The county or city sealer 
 shall keep a complete record of all his official acts, and shall make an 
 annual report, duly sworn to, on the first day of November, to the 
 State commissioner of weights and measures, on blanks furnished by 
 the commissioner. 
 
 Sec. 20. Arrests and seizures. — The commissioner of weights and 
 measures, his assistant, deputy and inspectors, and the county and 
 city sealers and deputy sealers of weights and measures, are hereby 
 made special policemen and are authorized and empowered to arrest, 
 without formal warrant, any violator of the statutes in relation to 
 weights and measures, and to seize for use as evidence, without 
 formal warrant, any false or unsealed weight, measure or weighing 
 and measuring device or package or amount of commodity found to 
 be used, retained, or offered or exposed for sale or sold in violation of 
 the law. 
 
 Sec. 21. Obstructing enforcement of act; punishment. — Any person 
 who shall hinder or obstruct in any way the commissioner of weights 
 and measures, his deputy, or inspectors, or any county or city sealer 
 or deputy sealer of weights and measures, in the performance of his 
 official duty shall be guilty of a misdemeanor, and, upon conviction 
 thereof in any court of competent jurisdiction, shall be punished by 
 a fine of not less than two hundred dollars, or by imprisonment in 
 the county jail for not less than three months, or by both such fine 
 and imprisonment. 
 
 Sec. 22. Impersonating weights and measures officials; punishment. — 
 Any person who shall impersonate in any way the commissioner of 
 weights and measures, his deputy, or inspectors, or any county or 
 city sealer or deputy sealer of weights and measures, by the use of his 
 seal or counterfeit of his seal, or otherwise, shall be guilty of a mis- 
 demeanor, and upon conviction thereof, in any court of competent 
 jurisdiction, shall be punished by a fine of not less than one hun- 
 dred nor more than five hundred dollars, or by imprisonment for 
 not more than one year, or by both such fine and imprisonment. 
 
 Sec. 23, as amended by Acts, 1919, ch. 53, p. 224. Packages to state net 
 quantity of contents ; exceptions. — It shall be unlawful to keep for the 
 purpose of sale, offer or expose for sale, or sell any commodity in 
 package form unless the net quantity of the contents be plainly and 
 conspicuously marked on the outside of the packages, in terms of 
 weights, measures, or numerical count: Provided, however, That 
 reasonable variations or tolerances and also exemptions as to small 
 packages shall be established by rules and regulations made by the 
 commissioner of weights and measures : And, provided, further, 
 That this section shall not be construed to apply to medicmal articles 
 and to those commodities in packages the manner of sale of which 
 is specifically regulated by the provisions of other sections of this 
 act. 
 
 The word " package " as used in this section shall be construed to 
 include the package, carton, case, basket, can, box, barrel, half -barrel, 
 hamper, keg, drum, jug, jar, crock, bag, pail, wrapping [wrapper], 
 parcel, package, bottle, phial, or other receptacle put up by the manu- 
 facturer ; or when put up prior to the order of the commodity, by the 
 vendor; which may be labeled, branded, or stenciled or otherwise 
 
WEST VIRGINIA 887 
 
 marked, or which may be suitable for labeling, branding, or stencil- 
 ing, or marking otherwise, making one complete package of the 
 commodity. The word " package " shall be construed to include both 
 the wholesale and the retail package : Provided, That a box or carton 
 used for shipping purposes containing a number of similar pack- 
 ages which are individually marked, as hereinbefore provided, will 
 not be required to bear the weight or measure of contents: And, 
 provided, further, That all commodities in packages, boxes, cans, 
 bottles or other containers in the hands of merchants, both whole- 
 sale and retail, at the time of the passage of this act, shall be and 
 are hereby exempt from the provisions of the same. 
 
 Sec. 24, as amended by Acts, 1919, ch. 53, p. 224. Oleomargarine, etc., 
 to be sold only by net weight; exceptions. — It shall be unlawful for any 
 person to sell or offer for sale any butter or renovated or process 
 butter or oleomargarine in any other manner than by weight. 
 Whenever such butter, renovated or process butter or oleomargarine, 
 is sold, offered or exposed for sale in the form of prints, bricks or 
 rolls, each print, brick or roll shall bear a definite, plain and con- 
 spicuous statement of its true net weight, on the principal label, 
 where there be such a label, otherwise, on the outside wrapper of 
 said print, brick or roll. When such statement is made part of the 
 printed matter on the label, wrapper or carton of any such print, 
 brick or roll, the statement as to net weight shall be in gothic type 
 not less than one-quarter of an inch square. 
 
 The prints, bricks, or rolls referred to in this section shall be con- 
 strued to include those prints, bricks, or rolls put up by the manu- 
 facturer or producer; or when put up prior to the order of the 
 commodity, by the vendor: Provided, however, That this section 
 shall not apply to farmers who manufacture and sell their own 
 butter. 
 
 Sec. 25, as amended by Acts, 1919, ch. 53, p. 224. Milk and cream 
 bottles ; size and markings ; punishment ; tests ; exceptions. — Bottles used 
 for the sale of milk or cream shall be of the capacity of one-half 
 gallon, three pints, one quart, one pint, one-half pint, and one gill, 
 when filled to within one-fourth of an inch of the cap seat or stopple 
 in the case of those bottles having an inside diameter immediately 
 below this cap seat or stopple of [not] over two inches. The follow- 
 ing variations on individual bottles or jars may be allowed, but the 
 average contents of not less than twenty-five bottles selected at 
 random from at least four times the number tested must not be in 
 error more than one-quarter of these tolerances; six drams above 
 and six drams below on the half gallon, five drams above and five 
 drams below on the three pints; four drams above and four drams 
 below on the quart ; three drams above and three drams below on the 
 pint ; two drams above and two drams below on the gill. Bottles or 
 jars used for the sale of milk or cream shall have clearly blown or 
 otherwise permanently marked in the side of the bottle, the capacity 
 of the bottle and the word " sealed " ; and the side or bottom of the 
 bottle the name, initial, or trade-mark of the manufacturer and a 
 designating number, which designating number shall be different 
 for each manufacturer and may be used in identifying the bottles. 
 The designating number shall be furnished by the State commis- 
 sioner of weights and measures upon application by the manufac- 
 
888 
 
 LAWS CONCEBNING WEIGHTS AND MEASTTBES 
 
 turer, and upon the filing by the manufacturer of a bond in the sum 
 of one thousand dollars with sureties to be approved by the attorney 
 general conditioned upon their conformance with the requirements 
 of this section. A record of the bonds furnished, and the designat- 
 ing numbers and to whom furnished shall be kept in the office of 
 the commissioner of weights and measures. 
 
 Any manufacturer who sells or offers to sell milk or cream bottles 
 to be used in this State that do not comply as to size and markings 
 with the provisions of this section shall suffer a penalty of five hun- 
 dred dollars, to be recovered by the attorney general in an action 
 against the defender's [defendant's] bondsmen to be brought in the 
 name of the State of West Virginia. Any dealer who uses, for the 
 purpose of selling milk or cream, jars or bottles, purchased after this 
 law takes effect that do not comply with the requirements of this 
 section as to markings and capacity, shall be deemed guilty of using 
 a false and insufficient measure. 
 
 Sealers of weights and measures are not required to seal bottles 
 or jars for milk or cream marked as in this section provided, but 
 they shall have the power to and shall from time to time make tests 
 on individual bottles used by various firms in the territory over which 
 they have jurisdiction in order to ascertain if the above provisions 
 are being compiled with, and they shall immediately report viola- 
 tions found to the State commissioner of weights and measures. 
 
 Sec. 26. Standard barrels for fruits, vegetables, and produce; bushel to 
 contain certain weights. — The standard barrel x for fruits, vegetables 
 and produce shall be of the following dimensions when measured 
 without distention of its parts: Diameter of head inside of staves, 
 seventeen and one-eighth inches; distance between heads, inside 
 measurements, twenty-six inches; the outside bilge or circumference 
 not less than sixty-four inches, and the thickness of staves not more 
 than four-tenths of an inch : Provided, That any barrel of a differ- 
 ent form having the same distance between heads and a capacity of 
 seven thousand and fifty-six cubic inches shall be a standard barrel. 
 
 Sec. 27, as amended by Laws, 1923, ch. 45, p. 137. Standard weights. — 
 A bushel, half bushel, peck, half peck, quarter peck, quart and pint 
 of the respective articles hereinafter mentioned shall be the amount 
 of weight, avoirdupois, as shown by the following table : 
 
 Commodity 
 
 Bushel 
 
 Hbu. 
 
 Peck 
 
 Yi peck 
 
 i/i peck 
 
 Quart 
 
 Pint 
 
 Apples (green) 
 
 Apples (dried) 
 
 Alfalfa seed 
 
 Apple seed 
 
 Beans (dried, shell) . 
 
 Beans, castor 
 
 Beans (unshelled). 
 Beans (stringed).. 
 
 Beans (limas) 
 
 Beans, soy 
 
 Lbs. 
 48 
 24 
 60 
 40 
 60 
 
 46 
 38 
 24 
 56 
 
 58 
 
 Lbs. 
 24 
 12 
 30 
 20 
 30 
 
 23 
 19 
 12 
 
 28 
 29 
 
 Lbs. 
 12 
 6 
 15 
 10 
 15 
 
 Beans, scarlet pole 50 25 12 8 6 4 3 
 
 Beets 56 28 14 7 3 
 
 Blackberries 48 24 12 6 3 
 
 Blue grass seed 14 7 3 8 1 12 
 
 Blue grass seed, English... 22 11 5 8 2 12 
 
 i See also footnote, p. 120, relative to Federal standard barrel. 
 
 Ozs. 
 
 Lbs. 
 6 
 3 
 7 
 5 
 7 
 
 5 
 4 
 3 
 
 7 
 7 
 
 Ozs. 
 
 Lbs. 
 3 
 1 
 3 
 2 
 3 
 
 2 
 2 
 1 
 3 
 3 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 8 
 12 
 14 
 
 4 
 14 
 
 7 
 3 
 12 
 12 
 13 
 
 9 
 12 
 
 8 
 7 
 11 
 
 Lbs. 
 
 Ozs. 
 12 
 
 6 
 15 
 10 
 
 15 
 
 14 
 
 14H 
 
 12H 
 14 
 
 12 
 
WEST VIRGINIA 
 
 889 
 
 Commodity 
 
 Broom corn seed. 
 
 Buckwheat 
 
 Barley _. 
 
 Bran 
 
 Cabbage -. 
 
 Canary seed... 
 
 Carrots 
 
 Cement 
 
 Charcoal 
 
 Cherries (with stems) . 
 
 Cherries (without stems). 
 
 Chestnuts 
 
 Clover seed 
 
 Coal 
 
 Coke... 
 
 Corn (cracked).. 
 Corn (ear dry)... 
 Corn (ear green) . 
 Corn (shelled)— 
 Corn (sweet) 
 
 Corn meal.. 
 
 Corn meal (bolted) . 
 
 Cottonseed 
 
 Cottonseed (S. I.)., 
 Cranberries - 
 
 Cucumbers (green)— 
 
 Currants 
 
 Flax seed 
 
 Gooseberries 
 
 Grapes (with stems) . 
 
 Grapes 
 
 Hair (washed) 
 
 Hair (unwashed). 
 
 Hemp seed 
 
 Herds grass 
 
 Hickory nuts 
 
 Hominy . 
 
 Horse radish 
 
 Huckleberries 
 
 Hungarian grass. 
 
 Kaffir corn 
 
 Kale 
 
 Lime (unslaked) . 
 Lime (slaked) — 
 Malt. 
 
 Millet 
 
 Millet (Japan) 
 
 Oats --. 
 
 Onions 
 
 Onions (bottom sets). 
 
 Onions (tops sets).. 
 
 Orchard grass 
 
 Osage Orange seed. 
 
 Parsnips -. 
 
 Peaches 
 
 Peaches (dried) 
 
 Peanuts 
 
 Pears. 
 
 Peas (dry).. 
 
 Peas (green, shelled) . 
 
 Peas (green, unshelled). 
 
 Peas (wrinkled) 
 
 Plums _ 
 
 Potatoes (Irish) 
 
 Potatoes (sweet) 
 
 Quinces 
 
 Rape seed 
 
 Raspberries 
 
 Red top grass seed. 
 Rlce corn (shelled) . 
 
 Bushel 
 
 Lbs. 
 57 
 48 
 48 
 20 
 50 
 
 60 
 50 
 100 
 20 
 56 
 
 64 
 50 
 60 
 80 
 40 
 
 50 
 68 
 72 
 56 
 50 
 
 48 
 46 
 32 
 44 
 36 
 
 50 
 40 
 56 
 40 
 
 48 
 
 60 
 
 4 
 
 8 
 
 44 
 
 45 
 
 50 
 60 
 50 
 52 
 50 
 
 56 
 15 
 70 
 40 
 34 
 
 50 
 35 
 32 
 55 
 32 
 
 28 
 14 
 33 
 42 
 48 
 
 33 
 23 
 50 
 60 
 50 
 
 30 
 56 
 60 
 56 
 50 
 
 48 
 50 
 48 
 14 
 56 
 
 V*bu 
 
 Peck 
 
 Lbs. 
 28V* 
 24 
 24 
 10 
 25 
 
 30 
 
 25 
 50 
 10 
 28 
 
 32 
 
 25 
 30 
 40 
 20 
 
 25 
 34 
 36 
 28 
 25 
 
 24 
 23 
 16 
 22 
 18 
 
 25 
 20 
 28 
 20 
 24 
 
 30 
 
 2 
 
 4 
 22 
 22V* 
 
 25 
 30 
 25 
 26 
 25 
 
 28 
 7V* 
 35 
 20 
 17 
 
 25 
 
 ny 2 
 
 16 
 
 27 V* 
 16 
 
 14 
 7 
 16V* 
 21 
 
 24 
 
 16V* 
 
 nv* 
 
 25 
 30 
 25 
 
 16 
 28 
 30 
 28 
 25 
 
 24 
 25 
 24 
 7 
 28 
 
 Lbs. 
 14 
 12 
 12 
 5 
 12 
 
 15 
 12 
 25 
 5 
 14 
 
 16 
 12 
 15 
 20 
 10 
 
 12 
 17 
 18 
 14 
 12 
 
 12 
 11 
 
 8 
 11 
 
 9 
 
 12 
 10 
 14 
 10 
 12 
 
 15 
 1 
 2 
 11 
 11 
 
 12 
 15 
 12 
 13 
 12 
 
 14 
 3 
 
 17 
 10 
 
 Ozs. 
 
 V* peck 
 
 Lbs. 
 
 Ozs. 
 
 Vi peck 
 
 Lbs. 
 3 
 3 
 3 
 1 
 3 
 
 3 
 3 
 6 
 1 
 3 
 
 4 
 3 
 3 
 5 
 2 
 
 3 
 4 
 4 
 3 
 3 
 
 3 
 2 
 2 
 2 
 2 
 
 3 
 2 
 3 
 2 
 3 
 
 Ozs. 
 
 14 
 
 15 
 
 Quart 
 
 Lbs. 
 
 Pint 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 
 12V* 
 
 
 14V* 
 
 8 
 
 
 12 
 
 8 
 
 
 12 
 
 10 
 
 
 5 
 
 9 
 
 
 12V* 
 
 14 
 
 
 15 
 
 9 
 
 
 12V* 
 
 2 
 
 1 
 
 10 
 
 10 
 
 
 5 
 
 12 
 
 1 
 
 14 
 
 9 
 
 
 12V* 
 
 14 
 
 
 15 
 
 8 
 
 1 
 
 4 
 
 4 
 
 
 10 
 
 9 
 
 
 12V* 
 
 2 
 
 1 
 
 1 
 
 4 
 
 1 
 
 2 
 
 12 
 
 
 14 
 
 9 
 
 
 12V* 
 
 8 
 
 
 12 
 
 7 
 
 
 liV* 
 
 8 
 
 6 
 
 
 11 
 
 2 
 
 
 9 
 
 9 
 
 
 12V* 
 
 4 
 
 
 10 
 
 12 
 
 
 14 
 
 4 
 
 
 10 
 
 8 
 
 
 12 
 
 14 
 
 
 15 
 
 2 
 
 
 1 
 
 4 
 
 
 2 
 
 6 
 
 
 11 
 
 6V* 
 
 
 HVi 
 
 9 
 
 
 12V*. 
 
 14 
 
 
 15 
 
 9 
 
 
 12V* 
 
 10 
 
 
 13 
 
 9 
 
 
 12V* 
 
 12 
 
 
 14 
 
 7V* 
 
 
 3% 
 
 3 
 
 1 
 
 IV* 
 
 4 
 
 
 10 
 
 1 
 
 
 8V* 
 
 9 
 
 
 12V* 
 
 1^ 
 
 
 8 
 
 nv* 
 
 
 13% 
 8 
 
 14 
 
 
 7 
 
 7 
 
 
 3V* 
 
 V* 
 
 
 8Vi 
 
 5 
 
 
 10V* 
 
 8 
 
 
 12 
 
 V* 
 
 
 8vr 
 
 11*4 
 
 
 5J4 
 
 9 
 
 
 12V, 
 
 14 
 
 
 15 
 
 9 
 
 
 12V* 
 
 15 
 
 
 7V* 
 
 12 
 
 
 14 
 
 14 
 
 
 15 
 
 12 
 
 
 14 
 
 9 
 
 
 12V* 
 
 8 
 
 
 12 
 
 9 
 
 
 12V* 
 
 8 
 
 
 12 
 
 7 
 
 
 3V* 
 
 12 
 
 
 11 
 
890 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Commodity 
 
 Bushel 
 
 J^bu. 
 
 Peck 
 
 HI peck 
 
 Jipeck 
 
 Quart 
 
 Pint 
 
 Rice corn (unshelled) 
 
 Lbs. 
 
 45 
 50 
 56 
 50 
 70 
 
 50 
 130 
 20 
 
 57 
 40 
 
 15 
 48 
 45 
 66 
 
 55 
 
 50 
 60 
 
 Lbs. 
 
 22V 2 
 
 25 
 
 28 
 
 25 
 
 35 
 
 25 
 65 
 10 
 
 2$y 2 
 
 20 
 
 7M 
 24 
 22^ 
 28 
 27^ 
 
 25 
 30 
 
 Lbs. 
 
 11 
 12 
 14 
 12 
 17 
 
 12 
 32 
 5 
 14 
 10 
 
 3 
 12 
 11 
 14 
 13 
 
 12 
 15 
 
 Ozs. 
 
 4 
 8 
 
 8 
 8 
 
 8 
 8 
 
 4 
 
 12 
 4 
 
 12 
 8 
 
 Lbs. 
 
 5 
 6 
 7 
 6 
 8 
 
 6 
 16 
 2 
 7 
 5 
 
 1 
 6 
 
 5 
 7 
 6 
 
 6 
 
 7 
 
 Ozs. 
 10 
 
 4 
 
 4 
 12 
 
 4 
 4 
 8 
 2 
 
 14 
 
 10 
 
 14 
 
 4 
 8 
 
 Lbs. 
 2 
 3 
 3 
 3 
 4 
 
 3 
 8 
 1 
 3 
 
 2 
 
 3 
 2 
 3 
 3 
 
 3 
 3 
 
 Ozs. 
 13 
 2 
 
 8 
 2 
 6 
 
 2 
 2 
 4 
 9 
 8 
 
 15 
 
 13 
 8 
 
 7 
 
 2 
 
 12 
 
 Lbs. 
 1 
 1 
 1 
 1 
 2 
 
 1 
 4 
 
 1 
 
 1 
 
 1 
 1 
 1 
 1 
 
 1 
 1 
 
 Ozs. 
 
 9 
 12 
 9 
 3 
 
 9 
 
 1 
 
 10 
 
 12J/ 2 
 4 
 
 7^ 
 8 
 
 6H 
 12 
 
 ny 2 
 
 9 
 14 
 
 Lbs. 
 
 1 
 2 
 
 Ozs. 
 11H 
 12^ 
 14 
 
 1254 
 
 134 
 
 12H 
 
 J/ 2 
 
 6 
 14M 
 10 
 
 3M 
 12 
 
 Rye ... 
 
 
 
 Salt (fine) 
 
 
 
 Sorghum seed 
 
 Spelt or speltz .. 
 
 
 Strawberries 
 
 Timothy seed 
 
 UK 
 
 14 
 
 
 Turnips 
 
 13M 
 
 12H 
 15 
 
 Walnuts 
 
 Wheat... 
 
 
 
 One barrel of flour shall contain 196 lbs., one-half barrel 98 lbs., 
 one-quarter barrel 49 lbs., and one-eighth barrel 24% lbs., one-six- 
 teenth barrel, 12*4 lbs., net weight. 
 
 One barrel of lime shall contain 200 pounds. 
 
 A ton shall contain 2,000 pounds. 
 
 The standard barrel 2 for fruit, vegetables, and produce shall be of 
 the following dimensions: Inside staves at ends, 17% inches; dis- 
 tance between heads, inside, 26 inches; circumference over bilge, 64 
 inches; and capacity, 7,056 cubic inches. 
 
 Sec. 28. Net weight made basis of weight. — Whenever any com- 
 modity is sold on a basis of weight, it shall be unlawful to employ 
 any other weight in such sale than the net weight of the commodity ; 
 and all contracts concerning goods sold on a basis of weight shall 
 be understood and construed accordingly. Whenever the weight 
 of a commodity is mentioned in this act, it shall be understood and 
 construed to mean the net weight of the commodity. 
 
 Sec. 29. Violations of act ; punishment. — Any person who, by himself 
 or by his servant or agent, or as the servant or agent of another 
 person shall knowingly offer or expose for sale, sell, use in the buy- 
 ing or selling of any commodity or thing for hire or award, or retain 
 in his possession a false weight or measure or weighing or measur- 
 ing device which has not been sealed by a sealer or deputy sealer of 
 weights and measures within one year, or shall dispose of any meas- 
 ure, or weighing or measuring device contrary to law, or remove 
 any tag placed thereon by a sealer or deputy sealer of weights 
 and measures; or who shall sell or offer or expose for sale less than 
 the quantity he represents, or shall take or attempt to take more 
 than the quantity he represents, when as the buyer, he furnishes the 
 weights, measures or weighing device by means of which the amount 
 of commodity is determined; or who shall keep for the purpose of 
 sale, offer or expose for sale, or sell any commodity in a manner 
 contrary to law ; or who shall violate any provisions of this act for 
 which a specific penalty has not been provided ; or who shall sell or 
 offer for sale, or use or have in his possession for the purpose of 
 selling or using, any device or instrument to be used to or calculated 
 to falsify any weights or measures, shall be guilty of a misdemeanor, 
 
 1 See sec. 26 and footnote to same, p. 888. 
 
WEST VIRGINIA 891 
 
 and shall be punished by a fine of not less than ten nor more than 
 one hundred dollars, or by imprisonment for not more than sixty 
 days, or by both such fine and imprisonment, upon a first con- 
 viction in any court of competent jurisdiction, and upon a second 
 or subsequent conviction in any court of competent jurisdiction he 
 shall be punished by a fine of not less than ten, nor more than five 
 hundred dollars, or by imprisonment in the county jail for not more 
 than sixty days, or by both such fine and imprisonment. 
 
 Sec. 30, as amended by Acts, 1919, ch. 53, p. 224. Definitions. — Jus- 
 tices of the peace shall have jurisdiction to hear and determine any 
 action which may be brought for a violation of the provisions of this 
 act, where the property in question is two hundred dollars and less. 
 In cases of over two hundred dollars shall hold the accused for in- 
 dictment to the grand jury. 
 
 Sec. 31, as enacted by Acts, 1919, ch. 53, p. 224. Terms defined.— The 
 word " person " as used in this act, shall be construed to impart the 
 plural and singular, as the case demands, and shall include corpora- 
 tions, companies, societies and associations. 
 
 The words " weights, measures or weighing or measuring devices " 
 as used in this act, shall be construed to include all weights, scales, 
 beams, measures of every kind, instruments and mechanical devices 
 for weighing or measuring, and any appliances and accessories con- 
 nected with any or all such instruments. 
 
 The words " sell " or " sale " as used in this act shall be construed 
 to include barter and exchange. 
 
 Sec. 32, as enacted by Acts, 1919, ch. 53, p. 224. Doyle and Scribner's 
 combined rules for logs, lumber and timber. — " Doyle and Scribner's 
 combined rules " for the measurement of logs, lumber and timber of 
 all kinds, is hereby established as the lawful rule in this State for 
 the measurement of all kinds of lumber, logs and timber, unless some 
 other rule be agreed to. 
 
 Hogg's Code, 1913, Vol. 1, ch. 47, p. 960. 
 
 Sec. 2382 (al897). Application of chapter. — The cities, towns and 
 villages in this State, heretofore established under the laws of the 
 State of Virginia, or of this State, shall remain subject to the law 
 now in force and applicable thereto, respectively, and the provisions 
 hereinafter contained in this chapter, shall be deemed applicable only 
 to cities, towns and villages hereafter established, except that the 
 municipal authorities of cities, towns or villages heretofore estab- 
 lished other than the city of Wheeling, may exercise the powers con- 
 ferred by this chapter, although the same may not be conferred by 
 their charter, and so far as this chapter confers power on the munic- 
 ipal authorities of a city, town or village other than said city of 
 Wheeling, not conferred by the charter of any such city, town or 
 village, the same shall be deemed as an amendment to said charter. 
 Any city, town or village in this State, incorporated by a special 
 act of the legislature of Virginia, or of this State, and exercising 
 the power conferred by this chapter, may by ordinance of the council 
 of said city, town or village, adopt this chapter, and thereafter the 
 same officers shall be elected or appointed as are provided for by this 
 chapter. 
 
 Sec. 2409 (al905). Powers and duties of council. — The council of 
 such city, town or village [see section 2382], shall have plenary 
 
892 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 power and authority therein * * *; to regulate and provide 
 for the weighing of hay, coal and other articles sold or for sale 
 in the city, town or village; * * * 
 
 Acts, 1923, ch. 52, p. 156. 
 
 Sec. 3. Every bag, barrel or other package of fertilizer sold, 
 offered or exposed for sale in this State shall have branded on or 
 conspicuously attached to it a statement that the manufacturer 
 thereof has complied with this act, the brand name of the fertilizer, 
 the net weight of the package, the name and address of the manu- 
 facturer, * * *. 
 
 Laws, 1919, ch. 34, p. 181. 
 
 Sec. 2. Every lot or parcel of commercial feeding stuffs sold, 
 offered or exposed for sale or distributed within the State shall 
 have affixed thereto a tag or label, in a conspicuous place on the 
 outside thereof, containing a legible and plainly printed statement 
 in the English language, clearly and truly certifying : 
 
 (a) The net weight of the contents of the package, lot or par- 
 cel; * * * 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market; * * * 
 
 Hogg's Code, 1913, ch. 15 H, p. 183. 
 
 Sec. 506 (1891). Scales and measures; duty to provide; duties of 
 sealer ; testing on request ; duties of mine inspector. — It shall be the duty 
 of every corporation, company or person, engaged in the business 
 of mining and selling coal by weight or measure, to procure and 
 constantly keep on hand at the proper place, the necessary scales 
 and measures and whatever else may be necessary, to correctly weigh 
 and measure the coal as mined by such corporation, company or 
 person. And it shall be the duty of the sealer of weights and 
 measures, for every county in which coal is so mined and sold, to 
 visit each coal mine operated therein, and where such scales and 
 measures are kept, at least once in each year, and test the correct- 
 ness of such scales and measures. The owner or operator of such 
 coal mine, or any two or more of the miners working therein, may 
 in writing require his attendance at the place where such scales and 
 measures are kept, at other times, in order to test the correctness 
 thereof, and it shall be his duty to comply with such requests as 
 soon as he can, after receiving such request. If his attendance is 
 required by the owner or operator of such mine, or if by the miners 
 working therein, and the scales or measures tested be found not to 
 be correct, his fees shall be paid by the owner or operators, and if 
 his attendance be required by the miners and the scales or measures 
 tested be found to be correct his fees shall be paid by them. If 
 in any such county there be no sealer of weights and measures, the 
 duties herein required to be done and performed by such sealer, 
 shall be done and performed by the inspector of mines for the dis- 
 trict of which such county forms a part. 
 
 Sec. 507. Coal cars; consecutive numbering; weighing; marking weight 
 and capacity. — Each car used by any such corporation, company or 
 person in removing coal from any coal mine, shall be numbered 
 by consecutive numbers plainly marked, and placed and kept thereon 
 
WEST VIRGINIA 893 
 
 as long as such car is so used. And if the coal from such mine is 
 mined, and the miners are paid according to the weight thereof for 
 mining the same, every such car so used shall be weighed upon such 
 tested scales, and the weight thereof shall be plainly marked and 
 placed thereon as long as such car shall be used as aforesaid. If 
 the coal at any such mine is mined, and the miners thereof are paid 
 for mining the same by measure, the number of bushels of coal such 
 car will hold when loaded to its capacity, shall also be plainly 
 marked, and placed and kept thereon as long as such car is so used 
 as aforesaid. And no car shall be used for the purpose aforesaid, 
 after ninety days from the time this act takes effect, until the pro- 
 visions of this section are complied with. 
 
 Sec. 508. Coal to be weighed or measured in cars before screening. — 
 All coal so mined and paid for by weight, shall be weighed in the 
 car in which it is removed from the mine before it is screened, and 
 shall be paid for according to the weight so ascertained, at such 
 price per ton as may be agreed on by such owner or operator and 
 the miners who mined the same. And coal mined and paid for by 
 measure, shall be paid for according to the number of bushels 
 marked upon each car in which it is removed from the mine, and 
 before it is screened, and the price paid for each bushel so ascer- 
 tained shall be such as may be agreed on as aforesaid. 
 
 Sec. 510. Duties of mine inspectors; duty of operators of mines to keep 
 on hand sealed weights and measures. — In any county in which the 
 mine inspector is required to act as herein mentioned, the county 
 court of such county shall furnish him with whatever is necessary 
 to enable him to discharge his duties, if such court has procured the 
 weights and measures and balances provided for by chapter 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 re- 
 turned 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. 
 
 Sec. 511. Penalties. — Any corporation, company or person violating 
 any of the provisions of this act, shall be guilty of a misdemeanor, 
 and upon conviction thereof, shall for each offense, be fined not 
 iess 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. 
 
 Sec. 512. Mines to which act is applicable. — This act shall not apply to 
 any corporation, company or person owning or operating a coal mine 
 in which less than ten miners are employed. 
 
894 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 514 (1901). Weighing of certain products provided for. — Where 
 the amount of wages paid to any of the persons employed in any 
 manufacturing, mining, or otherwise public enterprise employing 
 labor, depend upon the amount produced by weight or measure, the 
 persons so employed may, at their own cost, station or appoint at 
 each place appointed for the weighing or measuring of the products 
 of their labor a check-weighman or measurer, who shall in all cases 
 be appointed by a majority ballot of the workmen employed at 
 the works where he is appointed to act as such check-weighman or 
 measurer. 
 
 Sec. 516. Law applicable in what case. — This act shall apply to all 
 weights, balances, steelyards, and weighing machines and measures 
 used in any factory, mine, mill or otherwise industrial concerns, for 
 determining the wages payable to any person employed according 
 to the mineral or otherwise products produced by them through their 
 labors. 
 
WISCONSIN 
 
 Stats., 1921, Vol. 1, ch. 76 oo, p. 1286. 
 
 Sec. 1658 (al911). State standards. — The weights and measures and 
 the scales and beams, received from the United States under a reso- 
 lution of Congress, approved June 14th, 1836, and such new weights 
 and measures and scales and beams in addition thereto or in renewal 
 thereof, and such as shall be made under the direction of the new 
 State superintendent of weights and measures in conformity there- 
 with, and certified to by the National Bureau of Standards shall be 
 the State standards. 
 
 Sec. 1659, as amended by Laws, 1923, ch. 45, p. 46, and ch. 51, 
 p. 50. State superintendent; custody of standards; comparison of 
 city standards; general supervision; testing of standards; testing for 
 State institutions; record and report; supervision of local sealers; regu- 
 lations; office and supplies; powers of State superintendent. — 1. The 
 dairy and food commissioner shall be ex-officio State superintendent 
 of weights and measures. 
 
 2. He shall take charge of the standards adopted by section 1658 
 as the standards of the State; cause them to be kept in a fireproof 
 building belonging to the State, from which they shall not be re- 
 moved except for repairs or for certification; and take all other 
 necessary precautions for their safe-keeping. He shall maintain 
 the State standards in good order and shall submit them once in ten 
 years to the National Bureau of Standards for certification. He shall 
 keep a seal which shall be so formed as to impress the letters " Wis." 
 upon the weights and measures, scales, and beam sealed by him, and 
 he shall correct the standards of the several cities, and as often as 
 once in five years, compare the same with those in his 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 
 and measures and the weighing and measuring devices of the State, 
 and in use in the State. He or his inspectors by his directions shall, 
 upon the written request of any citizen, firm, or corporation, or 
 educational institution of the State, test or calibrate weights, meas- 
 ures, weighing or measuring devices, and instruments or apparatus 
 used as standards in this State. 
 
 4. He, or his inspectors by his direction, shall at least once annually 
 test all scales, weights, and measures used in checking the receipt or 
 disbursement of supplies in every institution under the jurisdiction 
 of the State board of control. And he shall report in writing his 
 findings to such board of control and to the executive officer of the 
 institution concerned; and at the request of such officer, the super- 
 intendent of weights and measures shall appoint in writing one or 
 more employees, then in the actual service of such institution, who 
 
 517—27 57 895 
 
896 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 shall act as special deputies for the purpose of checking the receipt 
 and disbursement of supplies. 
 
 5. He shall keep a complete record of the standards, balances, and 
 other apparatus belonging to the State and take receipt for same 
 from his successor in office. He shall as soon as practicable after the 
 thirtieth day of June in each even numbered year make to the 
 governor a report of the work done by his office. The State superin- 
 tendent, or his deputy or inspectors by his direction, shall inspect 
 all the standards used by the cities at least once in each two years 
 and shall keep a record of the same. 
 
 6. He, or his inspectors by his direction, shall at least once in each 
 two years visit the various cities of the State in order to inspect the 
 work of the local sealers; and in the performance of such duties, he 
 or his inspectors by his direction may inspect the weights, measures, 
 balances, or any weight or measuring appliance of any person, firm, 
 or corporation and shall have the same powers as the local sealer of 
 weights and measures. The superintendent of weights and measures 
 shall issue from time to time, regulations for the guidance of all 
 sealers, and the said regulations shall govern the prcedure to be 
 followed by the aforesaid officers in the discharge of their duties. 
 In said regulations he shall prescribe the amount of tolerance to be 
 allowed, and may make reasonable regulations regarding the varieties 
 or kinds of devices, attachments or parts entering into the construction 
 or installation of weights and measures or weighing or measuring ap- 
 pliances which shall have for their object the tendency to secure 
 correct results in the use of such appliances. 
 
 7. He shall be provided with necessary postage and shall be pro- 
 Added by the superintendent of public property with a suitable room 
 or rooms, necessary office and laboratory furniture and appliances, 
 supplies, stationery, books, and periodicals. 
 
 8. In all territory within this State, except in cities subject to the 
 provisions of section 1661, the State superintendent of weights and 
 measures shall have the power, except as otherwise provided in sec- 
 tion 1747-20 to section 1747-25 and in section l797m-23 to l797m-25 
 of the statutes, to inspect, test, try and ascertain if they are correct, 
 all weights, measures or weighing or measuring devices kept, offered 
 or exposed for sale, or sold, and it shall be his duty to inspect, test, 
 try and ascertain if they are correct, all weights, scales, beams, meas- 
 ures of every kind, instruments or mechanical devices for measure- 
 ment, and tools, appliances or accessories connected with any or all 
 such instruments or measurements used or employed within said ter- 
 ritory by any proprietor, agent, lessee or employee in determining the 
 size, quantity, extent, area or measurement of quantities, things, pro- 
 duce, or articles of any kind offered for distribution, consumption, 
 transportation, sale, barter, exchange, hire, or award. He shall have 
 the power to, and shall from time to time by himself, his agents, in- 
 spectors, or sealers, weigh or measure and inspect packages or 
 amounts of commodities of whatsoever kind, kept for the purpose of 
 sale, or exposed for sale, sold, or in the process of delivery, in order 
 to determine Avhether the same contains the amounts represented and 
 whether they are offered for sale or sold in the manner in accordance 
 with law. 
 
 Sec. 1660 (al911). City standards. — The common council of each city 
 appointing a sealer under section 1661 shall procure at the expense 
 
WISCONSIN 897 
 
 of the city and shall keep at all times a complete set of weights and 
 measures, scales, and beams in exact conformity to the State stand- 
 ards, except that they may be made of such materials as the superin- 
 tendent 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 
 weights and measures, and shall then be deposited with and preserved 
 by the city sealer as public standards. Whenever the 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 meas- 
 ures, shall provide such standards and cause the same to be so tried, 
 proved, sealed, certified, and deposited at the expense of the city. 
 
 Sec. 1661, as amended by Laws, 1923, ch. 402, p. 689. City dealers; 
 duties; powers; sealing; prosecutions; bond; legislative powers reserved 
 to cities. — 1. There shall be a city sealer of weights and measures 
 in all cities having a population of more than five thousand inhab- 
 itants according to the last official United States census, who shall be 
 appointed by the mayor from a list to be furnished by the State or 
 local civil service board and under the rules of said board. He shall 
 be paid a salary to be fixed by the board or body authorized to fix the 
 salaries of city officials, and shall be provided with suitable office 
 quarters in said city, and no fees shall be charged by him or by the 
 city for inspection or testing of weights, measures, or weighing or 
 measuring devices. 
 
 2. Except as otherwise provided in sections 1747-20 to 1747-25 and 
 in sections l797m-23 to l797m-25, the city sealer shall within his 
 city have the power to inspect, test, try, and ascertain if they are cor- 
 rect, all weights, measures, or weighing or measuring devices, kept, 
 offered, or exposed for sale or sold, and it shall be his duty to in- 
 spect, test, try, and ascertain if they are correct, all weights, sGales, 
 beams, measures of every kind, instruments, or mechanical devices 
 for measurement, and tools, appliances, or accessories connected with 
 any or all such instruments or measurements, used or employed 
 within the city by any proprietor, agent, lessee or employee in de- 
 termining the size, quantity, extent, area, or measurement of quan- 
 tities, things, produce, or articles of any kind offered for distribu- 
 tion, consumption, transportation, sale, barter, exchange, hire, or 
 award. The city sealer shall have the power to and shall from time 
 to time weigh or measure and inspect packages of amounts of com- 
 modities of whatsoever kind kept for the purpose of sale, offered or 
 exposed for sale, sold or in the process of delivery, in order to de- 
 termine whether the same contain the amounts represented, and 
 whether they be offered for sale or sold in a manner in accordance 
 with law. 
 
 3. He shall, at least once in each year or as much oftener as he 
 may deem necessary, see that all weights, measures, and weighing 
 and measuring apparatus used in the city are correct and that the 
 same are in compliance with the regulations issued by the State 
 superintendent of weights and measures. He may for the purpose 
 above mentioned, and in the general performances of his official 
 duties, with or without formal warrant, enter or go in or upon 
 any stand, place, building, or premises; or may stop any vendor, 
 peddler, junk dealer, coal wagon, ice wagon, or any dealer whatso- 
 ever, for the purpose of making the proper tests. 
 
898 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 4. Whenever the city sealer finds a violation of the statutes relat- 
 ing to weights and measures, he shall cause the violator to be prose- 
 cuted. Whenever the sealer compares weights and measures and 
 finds that they correspond or causes them to correspond with the 
 standards in his possession, and with the regulations issued by the 
 State superintendent of weights and measures, he shall seal or mark 
 the same with appropriate devices to be approved by the State super- 
 intendent of weights and measures. The sealer shall condemn and 
 seize and may destroy incorrect weights and measures and weighing 
 or measuring instruments which can not be repaired ; and such as 
 are incorrect and yet may be repaired, he shall mark or tag as " con- 
 demned for repairs " in a manner prescribed by the State superin- 
 tendent of weights and measures. 
 
 5. The city sealer shall keep a complete record of the work done 
 by him and shall make a quarterly report to the mayor, which report 
 shall be filed with the city clerk, and a quarterly report duly sworn 
 to, to the State superintendent of weights and measures, these quar- 
 terly reports to cover the three-month periods beginning July first, 
 October first, January first, and April first respectively and to be 
 submitted not later than twenty days following the expiration of the 
 period covered by the report. 
 
 6. The city sealer of weights and measures shall forthwith on his 
 appointment execute and file an official bond, with sureties approved 
 by the appointing power. 
 
 7. Nothing contained in sections 1658 to 1670a, inclusive, shall be 
 construed as prohibiting cities subject to the provision of this sec- 
 tion from enforcing ordinances regulating weights and measures, 
 heretofore or hereafter enacted not in conflict with said sections or 
 the regulations of the superintendent of weights and measures issued 
 in pursuance thereof; nor as prohibiting cities from employing city 
 sealers of weights and measures to perform other public services not 
 inconsistent with their duties as sealers of weights and measures, 
 with or without extra compensation, as determined and fixed by the 
 city: Provided, That where such services are rendered to another 
 city department, the cost of such services be charged to the city 
 department receiving same. 
 
 Sec. 1682 (al911). Sealers in State at large. — In all territory within 
 this State, except cities subject to the provisions of section 1661, the 
 inspectors of weights and measures appointed under subsection 1 of 
 section 1659 and such assistant dairy and food commissioners and 
 such cheese factory, dairy and food inspectors and such creamery and 
 dairy and food inspectors as may from time to time be designated by 
 the superintendent of weights and measures shall act, ex officio, as 
 sealers of weights and measures, with like authority, powers, and 
 duties as prescribed for city sealers in subsections 2 to 5, inclusive, 
 of section 1661. 
 
 Sec. 1663 (al919). Sealer's liability. — If any sealer of weights and 
 measures shall neglect to perform any duty imposed by law or shall 
 prove and seal any weight, measure, scale or beam by any public 
 standard which shall not have been tried, proved and sealed as pre- 
 scribed by this chapter he shall forfeit for each such offense ten 
 
WISCONSIN 
 
 899 
 
 dollars. The State superintendent of weights and measures may re- 
 move from office any sealer of weights and measures for willful 
 malfeasance or nonfeasance or for manifest incompetence, upon first 
 giving him written notice of the charges against him and a reason- 
 able opportunity to be heard in his defense. 
 
 Sec. 1664 (al911). Police powers of sealers. — 1. There is hereby con- 
 ferred upon the State superintendent of weights and measures, his 
 inspectors, and all sealers of weights and measures, police power; 
 they shall be provided by the superintendent of weights and measures 
 with suitable badges or insignia of authority and in the exercise of 
 their functions shall exhibit the same, upon demand, to any person 
 questioning their powers, and they are hereby empowered and au- 
 thorized to make arrests, with or without formal warrant, of any 
 person or persons violating the provisions of any statute relating to 
 weights and measures. 
 
 2. Whoever in any manner whatsoever impersonates or hinders the 
 State superintendent of weights and measures or any inspector or any 
 sealer of weights and measures, in the performance of their official 
 duties shall be punished by a fine of not less than ten nor more than 
 one hundred dollars. 
 
 Sec. 1665 (al915). Dry commodity standards. — Whenever any of the 
 articles or commodities mentioned in this section shall be sold by the 
 bushel, or fractional part thereof, and no special agreement as to the 
 weight thereof shall be made in writing, the measure thereof shall 
 be ascertained by avoirdupois weight, and shall be computed as 
 follows : 1 
 
 Wheat 
 
 Peas 
 
 Potatoes 
 
 Clover seed 
 
 Beans 
 
 Alfalfa 
 
 Alsike 
 
 Indian corn 
 
 Rye 
 
 Lima beans 
 
 Wrinkled peas 
 
 Flaxseed 
 
 Rutabagas 
 
 Tomatoes 
 
 Sweet potatoes 
 
 Corn meal 
 
 Rape seed 
 
 Millet seed 
 
 Beets 
 
 Green cucumbers . 
 
 Rye meal 
 
 Carrots 
 
 Buckwheat 
 
 Hickory nuts 
 
 Onions 
 
 Fine salt 
 
 Barley 
 
 Pounds per 
 bushel 
 
 60 
 60 
 60 
 60 
 60 
 60 
 60 
 56 
 56 
 56 
 56 
 56 
 56 
 56 
 54 
 50 
 50 
 50 
 50 
 50 
 50 
 50 
 50 
 50 
 50 
 50 
 48 
 
 Pounds per 
 bushel 
 
 Peaches 48 
 
 Pears 48 
 
 Hungarian grass seed 48 
 
 Blue grass seed 14 
 
 Redtop seed 14 
 
 Castor beans 46 
 
 Timothy seed 45 
 
 Rough rice 45 
 
 Hemp seed 44 
 
 Parsnips 44 
 
 Apples 44 
 
 Sea island cotton seed 44 
 
 Turnips 42 
 
 Cranberries 35 
 
 Barley malt 34 
 
 Dried peaches 33 
 
 Oats 32 
 
 Onion sets 32 
 
 Upland cottonseed 30 
 
 Dried apples 25 
 
 Bran 20 
 
 Shorts 20 
 
 Coarse salt 70 
 
 Lime 70 
 
 Unslaked lime 80 
 
 Plastering hair 8 
 
 Hemlock bark 2 2,200 
 
 1 A slight change has been made In the arrangement for convenience of reference. 
 
 2 Pounds per cord. 
 
900 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 For a fractional part of a bushel a like fractional part of the 
 above weights shall be required. 
 
 All dry commodities not otherwise specified in this section shall 
 be bought or sold only by standard dry measures, standard weight, 
 or numerical count except where parties otherwise agree in writing. 
 
 Sec. 1666 (al911). Standard bushel. — The bushel in struck measure 
 shall contain two thousand one hundred fifty and forty-two hun- 
 dredths cubic inches. The half bushel and the parts thereof shall 
 correspond in capacity to that of the bushel and shall be the standard 
 measure for fruits, vegetables, and other dry commodities custom- 
 arily sold by heaped measure; and in measuring such commodities, 
 the half bushel or other smaller measure shall be heaped as high 
 as may be without special effort or design. 
 
 Sec. 1666a (al913). Milk and cream bottles; penalty; sealing of bottles 
 not required by sealers. — Bottles used for the sale of milk and cream 
 shall be of the capacity of half gallon, three pints, one quart, one 
 pint, half pint, one gill filled full to the bottom of the cap seat, 
 stopple or other designating mark. The following variations on 
 individual bottles or jars may be allowed, but the average contents 
 of not less than twenty-five bottles selected at random from at least 
 four times the number tested must not be in error by more than one 
 quarter of the tolerances : Six drams above and six drams below on 
 the half gallon ; five drams above and five drams below on the three- 
 pint; four drams abo\e and four drams below on the quart; three 
 drams above and three drams below on the pint; two drams above 
 and two drams below on the half pint; two drams above and two 
 drams below on the gill. When milk or cream is pasteurized in the 
 bottle in which it is to be sold or delivered, such bottle may have a 
 capacity sufficient to permit of the expansion of the contents in the 
 process of heating, but such bottle shall have clearly marked thereon 
 by a line or other designating mark the point to which such bottle 
 is filled when containing the respective capacities provided for in 
 this section, at sixty-eight degrees Fahrenheit (twenty degrees centi- 
 grade). The State superintendent of weights and measures shall pre- 
 scribe and adopt such rules and regulations as he may deem necessary 
 to carry out the provisions of this section. Bottles or jars used for 
 the sale of milk or cream shall have clearly blown or otherwise per- 
 manently marked in the side of the bottle, the capacity of the bottle 
 and the word " Sealed " and in the side or bottom of the bottle the 
 name, initials or the trade-mark of the manufacturer and designat- 
 ing number, which designating number shall be different for each 
 manufacturer and may be used in identifying the bottles. The desig- 
 nating number shall be furnished by the State superintendent of 
 weights and measures upon application by the manufacturer, and 
 upon filing by the manufacturer of a bond in the sum of one thou- 
 sand dollars with sureties to be approved by the attorney-general, 
 conditioned upon their conformance with the requirements of this 
 section. A record of the bonds furnished, the designating numbers, 
 and to whom furnished, shall be kept in the office of the superintend- 
 ent of weights and measures. 
 
 2. Any manufacturer who sells milk or cream bottles to be used in 
 this State that do not comply as to size and markings with the pro- 
 visions of this section shall suffer the penalty of five hundred dollars, 
 
WISCONSIN 901 
 
 to be recovered by the attorney-general in an action against the of- 
 fender's bondsmen, to be brought in the name of the people of the 
 State. Any dealer 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 ca- 
 pacity, shall be deemed guilty of using false or insufficient measure. 
 
 3. Sealers of weights and measures are not required to seal bottles 
 or jars for milk or cream marked as in this section provided, but 
 they shall from time to time make tests on individual bottles used by 
 the various firms in the territory over which they have jurisdiction, 
 in order to ascertain whether the above provisions are being complied 
 with, and they shall report violations found immediately to the 
 superintendent of weights and measures. 
 
 Sec. 1666b (al911). Sale of coal, charcoal, and coke. — It shall be un- 
 lawful to sell or offer to sell in this State any coal, charcoal, or coke 
 in any other manner than by weight. No person, firm, or corpora- 
 tion shall deliver any coal, charcoal, or coke without each such de- 
 livery being accompanied by a delivering ticket and a duplicate 
 thereof, on each of which shall be in ink, or other indelible substance, 
 distinctly expressed in pounds, the gross weight of the load, the tare 
 of the delivery vehicle, and the quantity, or quantities of coal, char- 
 coal, or coke, contained in the cart, wagon, or other vehicle used in 
 such deliveries, with the name of the purchaser thereof, and the name 
 of the dealer from whom purchased. One of these tickets shall be 
 surrendered to the sealer of weights and measures upon his demand, 
 for his inspection, and this ticket or weight slip issued by the sealer 
 when the sealer desires to retain the original shall be delivered to said 
 purchaser of said coal, or his agent or representative, at the time of 
 the delivery of the fuel; and the other ticket shall be retained by 
 the seller of the fuel. When the buyer carries away the purchase, a 
 delivery ticket showing the actual number of pounds delivered over 
 to the purchaser must be given to the purchaser at the time the sale 
 is made. 
 
 Sec. 1667 (al917). Net weight required; ton — When any commodity 
 shall be sold by weight it shall be understood to mean the net weight, 
 and all contracts concerning goods or commodities sold by weight 
 shall be construed accordingly unless such construction would be 
 manifestly inconsistent with the special agreement of the parties 
 contracting. When any commodity is sold by the ton it shall be 
 understood to mean the net weight of twenty hundred avoirdupois 
 pounds unless such construction would be manifestly inconsistent 
 with the special agreement of the parties contracting. 
 
 Sec. 1668 (al921). Standard barrels, crates, and boxes; barrel for beer, 
 ale, etc. ; barrel for flour ; barrel for potatoes or other vegetables ; barrel of 
 lime; standard barrel for apples, pears, and other fruit; capacity; dimen- 
 sions ; barrel for cranberries ; crate for apples, pears, etc. ; bushel crate for 
 cranberries or blueberries; berries, less than one bushel, how sold; fresh 
 fruits and vegetables, how sold ; barrels, crates, and boxes of other capaci- 
 ties may be used, when; construction of law. — 1. A barrel for liquids 
 shall contain thirty-one and one-half gallons, and a hogshead two 
 barrels. 
 
 2. A barrel for beer, ale, porter or other similar fermented liquors 
 shall contain thirty-one gallons, each gallon to contain two hundred 
 
902 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 thirty-one cubic inches; a half barrel, fifteen and one-half gallons; 
 a quarter barrel, seven and three-fourths gallons; an eighth barrel, 
 three and seven-eighths gallons. The capacities of the barrel and its 
 subdivisions enumerated above shall apply to all containers in which 
 beer, ale, porter or other similar fermented liquors are commonly 
 sold, known as barrels, kegs, casks, or any other container made 
 of staves, hoops and flatheads. Seasonable tolerances shall be pre- 
 scribed by the State superintendent of weights and measures for the 
 containers above designated. 
 
 3. A barrel of flour measured by weight shall contain one hundred 
 ninety-six pounds; [.] 
 
 4. A barrel 3 for potatoes or other vegetables shall be the same as 
 the standard barrel for apples or pears or other fruit as provided in 
 subsection 6 of this section. 
 
 5. A barrel of unslaked lime shall contain two hundred pounds. 
 
 6. The standard barrel 3 for apples or pears or other fruit, unless 
 otherwise specifically defined, shall have an interior capacity of 
 seven thousand and fifty-six cubic inches, and shall not be less than 
 twenty-six inches between the heads inside ; the diameter of the heads 
 shall be seventeen and one-eighth inches, including the beveled edge ; 
 the outside bilge or circumference shall be not less than sixty-four 
 inches, the thickness of the staves being four-tenths of an inch : 
 Provided, however, That any barrel of a different form, but of an 
 interior capacity of seven thousand and fifty-six cubic inches, shall 
 be a legal barrel. 
 
 7. The standard barrel 3 for cranberries shall measure not less 
 than twenty-five and one-quarter inches between the heads inside; 
 the diameter of the heads shall be sixteen and one-quarter inches, 
 including the beveled edge; the outside bilge, or circumference, shall 
 measure not less than fifty-eight and one-half inches, the thickness 
 of the staves being four-tenths of an inch. But any barrel of dif- 
 ferent form, but of the same interior capacity shall be considered a 
 legal barrel. 
 
 8. A standard crate, box or basket for apples, pears, plums, 
 peaches, and other fruits not secondarily contained in quart or other 
 boxes within such crate, box or basket, shall have an interior ca- 
 pacity of two thousand one hundred fifty cubic inches exclusive of 
 cover. 
 
 9. A bushel crate of cranberries or blueberries shall have an inte- 
 rior capacity of one bushel struck measure. 
 
 10. All sales of blackberries, blueberries, currants, gooseberries, 
 raspberries, cherries, strawberries, and similar berries in quantities 
 of less than one bushel shall be by the quart, pint, or half-pint, 
 dry measure, and all berry boxes or baskets sold, used, or 
 offered for sale within the State shall be of the interior capacity of 
 not less than one quart, pint, of half-pint, dry measure. Any person 
 who, by himself or by his servant or agent or as the servant or 
 agent of another, shall violate any of the provisions of this subsec- 
 tion shall be punished by a fine of not less than twenty-five dollars 
 nor more than one hundred dollars, or by imprisonment in the county 
 jail not less than ten days nor more than three months. In addition 
 
 a See footnote, p 20, relative to Federal standard barrel. 
 
WISCONSIN 903 
 
 thereto, the illegal boxes or baskets and the fruit therein contained 
 may be confiscated. 
 
 11. All sales of fresh fruits or vegetables in containers of less 
 than one bushel dry capacity measure shall be in containers of the 
 standard capacity of one quart, two quarts, three quarts, four quarts, 
 five quarts, six quarts, eight quarts, sixteen quarts or twenty-four 
 auarts standard dry measure, and such receptacles shall in fact con- 
 tain the full capacity of such fresh fruits or vegetables, or if in other 
 than standard containers such receptacles for fresh fruits or vege- 
 tables shall be plainly and conspicuously marked to indicate the true 
 net weight, measure or numerical count of such fruits or vegetables. 
 
 13. All contracts for the sale of apples, pears, cranberries, or 
 other fruits, potatoes or other vegetables, by the barrel or crate, 
 unless it is otherwise expressly stipulated in writing, shall be con- 
 strued to mean barrels or crates of the capacity prescribed in sub- 
 sections 4, 6, 7, 8, and 9 of this section. 
 
 14a. Nothing in this section shall be construed as preventing the 
 sale and shipment into other States of barrels, crates, berry boxes, 
 or baskets of other capacities than those herein specified, nor as pro- 
 hibiting the use of barrels, crates, berry boxes, or baskets of other 
 capacities than those herein specified for the sale and shipment 
 therein into other States of the fruits or vegetables named or desig- 
 nated in this section; and until the first day of March, 1913, nothing 
 in this section shall prevent the sale by net avoirdupois weight of 
 any of the fruits or vegetables named or designated in this section, 
 if in containers of other capacities than the standards fixed by this 
 section; and until the first day of March, 1913, nothing in this section 
 shall prevent the sale of any of the fruits or vegetables named or 
 designated in this section, if the containing barrel, crate, berry box, 
 or basket in which the same are sold is plainly and indelibly stamped 
 or branded on the outside thereof in characters in color different 
 from the container, at least one inch high in the case of barrel or 
 crate, and at least one-half inch high in the case of berry box or 
 basket, so as to show the correct interior capacity thereof by frac- 
 tional part of the standard barrel or crate or of the standard quart 
 or pint dry measure, as the case may be, if sold for such capacity. 
 
 14b. The requirement of subsection 4 of section 1661 of the stat- 
 utes as to sealing by the sealer of weights and measures shall not be 
 construed as applying to the barrels, crates, boxes, or baskets desig- 
 nated in this section. 
 
 Sec. 1668m, as enacted by Laws, 1923, ch. 123, p. 227. 1. Standard 
 loaves of bread; tolerance allowed; proviso; penalty. — All bread manu- 
 factured, procured, made or kept for sale, offered or exposed for 
 sale, or sold, in the form of loaves for use or consumption within this 
 State, shall be one of the following weights and no other, namely, 
 one pound, one and one-half pounds, or multiples of one pound 
 avoirdupois weight: Provided, however, That a variation or toler- 
 ance of one and one-fourth ounces in excess or one and one-fourth 
 ounces in deficiency per pound from the weights provided for in this 
 section be allowed in the weight of individual loaves of bread; and 
 the weight of individual loaves of bread shall be held to be the 
 average of at least ten loaves of the same approximate weight and 
 
904 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 same manufacturer, if that number is available at the time of weigh- 
 ing in any place where bread is manufactured, procured, made or 
 kept for sale, offered or exposed for sale, or sold. If ten loaves are 
 not available, then the weight of individual loaves shall be held to be 
 the average of all available loaves of the same approximate weight 
 and same manufacturer, at the time of weighing in any place where 
 bread in loaves is manufactured, procured, made or kept for sale, 
 offered or exposed for sale, or sold, but in no case shall said number 
 be less than five. 
 
 2. The provisions of this section shall not apply to rolls, buns, bis- 
 cuits, crackers and similar articles weighing less than four ounces 
 avoirdupois each, nor to stale bread: Provided, That such bread be 
 conspicuously marked "stale bread," or placed in a container con- 
 spicuously marked " stale bread," and sold as and for stale bread. 
 
 3. Any person, firm or corporation who by himself, his servant or 
 agent, or as the servant or agent of another person, firm or corpo- 
 ration, shall manufacture, procure, make or keep for sale, offer or 
 expose for sale, or sell, bread in the form of loaves of weights other 
 than provided for in subsection 1 of this section and in excess of the 
 tolerances provided for therein, shall be guilty of a misdemeanor, and 
 upon conviction thereof, shall be punished by a fine of not less than 
 twenty-five dollars nor more than one hundred dollars, or by impris- 
 onment not more than ninety days nor less than ten days, or by both 
 such fine and imprisonment. 
 
 4. The dairy and food commissioner as ex officio State superin- 
 tendent of weights and measures, by himself, his inspectors, sealers 
 of weights and measures, chemists, or agents, and city sealers of 
 weights and measures, shall enforce the provisions of this section. 
 
 Sec. 1669 (al867). Hop boxes. — The standard size of boxes used for 
 picking hops shall be not exceeding three feet long, one and one-half 
 feet wide and two feet deep, inside measure. 
 
 Sec. 1670 (1872). Standard for grain. — No person shall sell, buy or 
 receive in store any grain at any weight or measure per bushel other 
 than the standard weight or measure per bushel fixed by law; and 
 for any violation hereof the offender shall forfeit not less than five 
 nor more than fifty dollars. 
 
 Sec. 1670a (1879). Grain tester, how used. — No person shall deter- 
 mine 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 stand- 
 ard of measure and which sealer is not in accordance therewith at 
 the time it is used. When grain is tested at the instance of the seller 
 the tester shall be filled by pouring the grain into it from a scoop 
 or a similar vessel, and when the tester is filled it shall be struck 
 or leveled with three zigzag movements of a straight edge. Any per- 
 son who shall violate the provisions of this section and thereby 
 cheat or defraud the seller or buyer of any grain shall be punished 
 as is provided in section 4432. 
 
 Sec. 1670b (al913). Appropriation. — The salaries and expenses of 
 city sealers shall be paid from the city treasuries, respectively. 
 
 Sec. 1670m (1911). Cheese purchased at wholesale to be weighed before 
 delivery; penalty. — 1. Every person, firm or corporation that pur- 
 chases or engages in the business of purchasing cheese in quantities 
 
WISCONSIN 905 
 
 of fifty pounds or more, in this State shall, in all cases except where 
 otherwise agreed by express contract, correctly weigh or cause to be 
 correctly weighed, each and every box or package thereof, at or be- 
 fore the time that such cheese shall be delivered to the purchaser, or 
 to any common carrier for the purchaser for shipment, and every 
 such person, firm or corporation shall make payment for all such 
 cheese purchased, according to the weight so ascertained, and at the 
 price or amount therefor agreed upon with the owner or vendor of 
 such cheese at the time of such delivery, except for such cheese as 
 shall be found to be of inferior quality by a test thereof made at or 
 before the time of such delivery. 
 
 2. Any person, firm or corporation violating the provisions of this 
 section shall be guilty of a misdemeanor, and upon conviction 
 thereof, shall be punished by a fine of not less than ten nor more than 
 two hundred dollars. 
 
 Sec. 1670n (1913). Sale of growing crops; weighing; quality. — Any 
 person, firm or corporation transacting business in this State, that 
 shall enter into any contract for the purchase of any crop that is 
 not ready for immediate delivery, shall in all cases weigh, or cause 
 to be weighed, the crop so purchased, at or before the time such crop 
 is delivered to the purchaser, or to a common carrier at the direction 
 of the purchaser for shipment, and every such person, firm or cor- 
 poration shall ultimately make payment in full for all of the crop 
 so purchased according to the weight so ascertained and at the price 
 or amount specified in the contract, without regard to the quality or 
 condition of such crop or portions thereof at the time of delivery, 
 unless any inferior quality or unsound condition of such crop shall 
 be due to the negligence or wilful act of the vendor, subsequent to 
 such purchase, and in case any purchaser shall fail or refuse to com- 
 ply with his contract as provided in this section, the vendor, in any 
 action prosecuted by him to recover for any crop sold to such pur- 
 chaser, shall recover as damages for such failure or refusal, double 
 the contract price of such crop at the weight thereof when ready for 
 delivery and offered to or accepted by the purchaser. 
 
 Sec. 1670t. Cotton duck or canvas; weight and quality; removing 
 or effacing mark; penalty. — 1. That for the purposes of this sec- 
 tion cotton duck or canvas shall be deemed to include all cotton duck 
 or canvas, whether single filling, double filling, roll or wide duck. 
 
 2. That for the purposes of this section, the equivalent of thirty- 
 six inches in length by twenty-nine inches in width or seven and 
 one-fourth square feet of cotton duck or canvas shall constitute a 
 yard, and an ounce shall be one-sixteenth part of a pound avoir- 
 dupois. 
 
 3. Any person, company or corporation who shall manufacture 
 for sale or who may offer or expose for sale any cotton duck or 
 canvas, or any article other than clothing and wearing apparel com- 
 posed or made in whole or in part of cotton duck or canvas, shall 
 distinctly and durably stamp, brand, or mark thereon the true and 
 correct weight of such cotton duck or canvas, by ounces per yard, 
 together with a description by name of any filler or other preparation 
 placed in or on said cotton duck or canvas since its manufacture. 
 
 4. It shall be unlawful for any person or corporation, either indi- 
 vidually or in any representative capacity, to carry for sale, sell or 
 
906 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 endeavor to sell any cotton duck or canvas as herein defined, or any 
 articles other than clothing and wearing apparel, composed or made 
 in whole or in part of any cotton duck or canvas without having 
 marked thereon the true and correct weight of said canvas or cotton 
 duck by ounces per yard, together with a description by name of any 
 filler or other preparation placed in or on said cotton duck or canvas 
 since its manufacture, or to misstate, misrepresent, or conceal the 
 true weight of said canvas or cotton duck by ounces per yard, or to 
 misstate, misrepresent, or conceal the existence of any filler or other 
 preparation placed in or on said cotton duck or canvas since its 
 manufacture. 
 
 5. It shall be unlawful for any person or corporation either indi- 
 vidually or in representative capacity, selling, carrying for sale or 
 endeavoring to sell any awnings, paulins, wagon covers, tents, grain 
 and hay covers, stable or tent tops to misstate, or misrepresent, or 
 conceal the true and -correct size and dimensions thereof. 
 
 6. It shall be unlawful for any person to deface, multilate, obscure, 
 conceal, efface, cancel, or remove any mark provided for by this sec- 
 tion or cause, or permit the same to be done with intent to mislead, 
 deceive, or to violate any of the provisions of this section. 
 
 7. Any person, company, or corporation violating any of the pro- 
 visions of this section shall be deemed guilty of a misdemeanor and 
 on conviction thereof shall for the first offense be punished by a fine 
 of not less than twenty-five dollars nor more than fifty dollars, and 
 for each subsequent offense by a fine of not less than fifty dollars nor 
 more than one hundred dollars. 
 
 Stats., 1921, Vol. II, ch. 182, p. 2220. 
 
 Sec. 4432 (al917). False weights and measures; fraud in use of elec- 
 tric current, gas, water, or steam; unsealed weight or measure, may be 
 used, when. — 1. Any person who, by himself or by his agent or 
 servant, or as the agent or servant of another, shall use in the buy- 
 ing or selling of any commodity or thing, or for hire or award, or 
 retain in his possession, any false weight or measure or weighing or 
 measuring device; or who shall sell or offer for sale, or have in his 
 possession for the purpose of selling, any false weight or measure or 
 weighing or measuring device, or any device or instrument to be used 
 or calculated to falsify any weight or measure; or who shall use or 
 retain in his possession, except as expressly provided by statute any 
 weight or measure or weighing or measuring device which has not 
 been sealed by a sealer of weights and measures within one year; 
 or who shall sell, or offer or expose for sale, or keep for the purpose 
 of sale a lesser quantity of any commodity than he represents such 
 quantity to be, or shall take or attempt to take more than the 
 quantity he represents, when, as buyer, he furnishes the weight, 
 measure, or weighing or measuring device, by means of which the 
 amount of commodity is determined ; or who shall sell or offer or 
 expose for sale, or keep for the purpose of sale any commodity in a 
 manner contrary to law ; or who shall violaterany provision of section 
 1658 to section 1670a, inclusive, for which a specific penalty has not 
 been prescribed; shall be punished by a fine of not more than twenty- 
 five dollars, or by imprisonment in the county jail not more than 
 ten days, or by both such fine and imprisonment. 
 
WISCONSIN 907 
 
 2. Or any person who willfully, with intent to cheat or defraud 
 the buyer or seller of electric current, gas, water, or steam, shall make 
 or cause to be made or aid in the making of any electric conductor, 
 gas pipe, water pipe, steam pipe, or other instrument or contrivance, 
 or any connection as to conduct or supply or intended to conduct or 
 supply electric current, gas, water, or steam to any lamp or motor 
 or machine or burner or orifice or appliance from which such elec- 
 tricity, gas, water, or steam may be consumed or utilized, without 
 passing through or being registered by a meter ; or any person who 
 shall willfully use a false meter for the measurement of electric 
 current, gas, water, or steam in the buying or selling of the same; 
 or who shall willfully obstruct or interfere with the working of any 
 meter used for such purposes, so as to cause or be intended to cause 
 a false registration of the amount of electric current, water, gas, 
 or steam consumed with the intent to cheat or defraud the seller or 
 buyer of such electric current, gas, water, or steam, shall be punished 
 by imprisonment in the county jail not more than one year or by a 
 fine not exceeding five hundred dollars; but in case the amount of 
 damages occasioned by such cheat or fraud shall not exceed twenty 
 dollars, he shall be punished by imprisonment in the county jail not 
 more than three months or by fine not exceeding one hundred dol- 
 lars ; and in computing the amount of damages occasioned, the value 
 of such electric current, water, gas, or steam shall be the regular 
 current price therefor, charged to the consumer by the seller thereof. 
 
 3. But nothing contained in sections 1658 to 1670, inclusive, shall 
 prohibit the use by any person, or by his servant or agent, in good 
 faith, of any unsealed weight or measure or weighing or 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 
 provisions of section 1661, or the superintendent of weights and 
 measures, respectively, in writing, signed by said person, of the fact 
 that he has such weight or measure or weighing or 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 acknowledgment of 
 said notice, signed by such city sealer or superintendent of weights 
 and measures. 
 
 Stats., 1921, Vol II, ch. 187, p. 2299. 
 
 Sec. 4601aa (al913). Foods; false branding of weight, measure, count, 
 or contents; prosecution. — Any person, who by himself, or by his 
 servant or agent, or as the servant or agent of another, shall manu- 
 facture or solicit or take orders for delivery, or sell, exchange, de- 
 liver 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 of the statutes which is misbranded within the mean- 
 ing of this section shall be guilty of a misdemeanor and upon convic- 
 tion thereof shall be punished by a fine of not less than twenty-five 
 dollars nor more than one hundred dollars, or by imprisonment in 
 the county jail not less than ten days nor more than sixty days. 
 
908 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 The term " misbranded," as used herein, shall apply : 
 
 (1) To articles of food, or articles which enter into the composi- 
 tion of food, which, or the package or label of which shall bear any 
 statement, design or device regarding such article or the ingredients 
 or substances contained therein which shall be false or misleading in 
 any particular; 
 
 (2) To articles of food in package form which do not bear plainly 
 and conspicuously marked on the outside thereof the name and 
 address of the manufacturer, packer or dealer; 
 
 (3) To articles of food in package form if the actual quantity of 
 the contents be not plainly and conspicuously marked on the outside 
 of the package in terms of weight, measure or numerical count; 
 reasonable variations, however, shall be permitted from the stated 
 weight, measure or numerical count, and the dairy and food commis- 
 sioner shall establish tolerances for the same by rules and regula- 
 tions ; 
 
 The term " label," as used in this section and in section 4601, or 
 in any other section of the statutes, relating to the adulteration or 
 misbranding of food, unless otherwise specifically described and pro- 
 vided therein, shall apply to any printed, pictorial, or other matter 
 upon or attached to any package of a food product or any con- 
 tainer thereof. 
 
 The term " package " as applied to articles of food shall mean a 
 closed receptacle of any kind in which an article of food is kept in 
 stock and which with its contents is sold to the public. 
 
 The dairy and food commissioner, by himself, or by his assistants, 
 chemists, inspectors and agents, is hereby authorized to enforce the 
 provisions of this section and for this purpose all the powers con- 
 ferred upon the said commissioner, his assistants, chemists, in- 
 spectors and agents, by sections 1410a, 1410b, 1410d, or by any other 
 provision of the statutes are hereby conferred upon said dairy and 
 food commissioner, his assistants, chemists, inspectors and agents, 
 so far as the same may be applicable. 
 
 The provisions of subdivisions (3) and (4) of this section shall 
 not apply to foods in package form when dispensed for consump- 
 tion on the premises, or when the numerical count of the inclosed 
 units is less than six, or when the net weight of the contents of the 
 package is less than three ounces avoirdupois; or in case of liquids 
 when the contents of the package are less than one fluid ounce ; or to 
 fruits and vegetables when such fruits and vegetables are sold by 
 the standard barrel, standard crate, standard box or basket or other 
 standard receptacle as provided in section 1668 of the statutes. 
 
 Sec. 4601-2a. Ice cream, volume of, when melted. — 10. (a) * * * 
 The volume of ice cream after being melted shall be not less than 
 one-half the volume of the ice cream as manufactured and sold. 
 
 ^ * * * T ne volume of fruit ice cream after being melted 
 shall be not less than one-half the volume of the fruit ice cream as 
 manufactured and sold. 
 
 ( c ) * * * rphg volume of nut ice cream after being melted 
 shall be not less than one-half the volume of the nut ice cream as 
 manufactured and sold. 
 
WISCONSIN 909 
 
 (d) * * * The volume of chocolate or cocoa ice cream or 
 caramel ice cream after being melted shall be not less than one-half 
 the volume of the chocolate or cocoa ice cream or caramel ice cream 
 as manufactured and sold. 
 
 ^ * * * <phe volume of orange ice cream, lemon ice cream, 
 caramel ice cream or wintergreen ice cream after being melted shall 
 be not less than one-half the volume of the orange ice cream, lemon 
 ice cream, caramel ice cream, or wintergreen ice cream as manufac- 
 tured and sold. 
 
 ^ * * * t^ vo i ume f maple ice cream after being melted 
 shall be not less than one-half the volume of the maple ice cream 
 as manufactured and sold. 
 
 Stats., 1921, Vol. I, ch. 76, p. 1286. 
 
 Sec. 1658m, as added by Laws, 1923, ch. 244, p. 436. Standard time. — 
 The standard of time in this State shall be the solar time of the 
 ninetieth meridian west of Greenwich, commonly known as central 
 time, and no department of the State government and no county, 
 city, town or village shall employ any other time or adopt any 
 ordinance or order providing for the use of any other than the 
 standard of time. 
 
 Stats., 1921, Vol. I, ch. 76gg, p. 1162. 
 
 Sec. 1495-10 (1921). Standards and regulations for food products and 
 farm products. — 1. The department, after public hearing, may establish 
 standards for the grade or other classification of food products and 
 farm products and for receptacles therefor and may prescribe regu- 
 lations governing the marks or tags which may be required upon 
 food products or farm products or upon receptacles therefor, for the 
 purpose of showing the name, address or serial number of the person 
 producing or marketing the product, the grade or other classification, 
 quality, quantity, type, variety, size, weight, nature or condition of 
 the product. 
 
 2. No standard or regulation under this section, which is repug- 
 nant to any requirement made mandatory under Federal law, shall 
 apply to products or receptacles which are being shipped from the 
 State in interstate commerce. 
 
 3. No standard shall apply to products or receptacles coming from 
 outside the State but such products or receptacles may be required to 
 be marked or tagged to indicate that they came from outside the 
 State and to show any other fact regarding which marking or tag- 
 ging may be required under this section : Provided, That such prod- 
 ucts or receptacles, at the time when marking or tagging is required, 
 have ceased to be interstate commerce. 
 
 4. No standard established under this section for the grade or 
 other classification of any food product or farm product shall affect 
 the right of any person to dispose of such product without conforming 
 to the standard, but such person may be required to mark or tag 
 such product, in such a manner as the department may direct, to in- 
 dicate that it is not intended to be marketed as of a grade or classi- 
 fication contained in the standard and to show any other fact re- 
 garding which marking or tagging may be required under this sec- 
 tion. 
 
910 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 5. No standard or regulation shall be established or prescribed 
 under this section which is in conflict with any standard or regula- 
 tion contained in or heretofore promulgated under authority of any 
 other statute of the State. 
 
 6. No standard or regulation shall be established or prescribed by 
 the department of markets under this section in any case where any 
 other State department, commission or official has authority to estab- 
 lish such a standard or prescribe such a regulation, unless the depart- 
 ment of markets establishes the standard or prescribes the regulation 
 jointly with such other department, commission or official. No stand- 
 ard or regulation shall be established or prescribed by any other 
 State department, commission or official in any case where the de- 
 partment of markets has authority to establish such a standard or 
 prescribe such a regulation under this section, unless such other de- 
 partment, commission or official establishes the standard or prescribes 
 the regulation jointly with the department of markets. The gov- 
 ernor shall act as arbiter in case of disagreement or conflict of au- 
 thority between the department of markets and any other State 
 department, commission or official under this section. 
 
 7. No standard established under this section shall become effec- 
 tive until at least thirty days after the text thereof is published. 
 
 8. Whenever any standard or regulation under this section has 
 become effective, no person marketing or having in his possession 
 for commercial purposes any product or receptacle to which the 
 standard is applicable shall represent such product or receptacle, 
 unless in a manner authorized by the department, as being of any 
 grade or classification other than a grade or classification contained 
 in such standard, except as provided in subsections 2 and 3 of this 
 section; and no person marketing or having in his possession for 
 commercial purposes any product or receptacle to which the standard 
 is applicable shall represent such product or receptacle as being 
 of a grade or classification contained in the standard, when as a 
 matter of fact such product or receptacle is below the requirements 
 of such grade or classification; and no person shall market or have 
 in his possession for commercial purposes any product or recep- 
 tacle unless the marking or tagging thereon conforms to the regu- 
 lation prescribed under this section: Provided, That representing 
 a product or receptacle as being of a grade or classification contained 
 in the standard, when as a matter of fact such product or receptacle 
 is below the requirements of such grade or classification, shall not be 
 a violation of this section, if the department has adopted the means 
 of enforcing the standard described in section 1495-11: Provided, 
 fvtrther, That possession, under this section shall not include pos- 
 session by a carrier or other bailee. 
 
 9. Whenever the department finds that any person marketing or 
 having in his possession any product or receptacle to which the 
 standard is applicable has intentionally violated any provision of 
 subsection 8 of this section, the department, after opportunity for 
 hearing has been given such person, may, by special order, revoke 
 the right of such person to represent any product or receptacle 
 to which the standard is applicable as being of any grade or classi- 
 fication contained in the standard and may, in said order, require 
 such person to mark or tag such product or receptacle as provided 
 
WISCONSIN 911 
 
 in subsection 4 of this section. The department may, without hear- 
 ing, suspend such right for a period not exceeding ten days, pending 
 investigation. The department may, in the discretion of the com- 
 missioner, restore such right to any person from whom it has been 
 revoked. 
 
 Sec. 1495-11. Inspector's certificate. — 1. The department, as a means 
 of enforcing the standard for the grade or other classification of 
 any food product or farm product or for any receptacle therefor, 
 may require any such product or receptacle to bear the official cer 
 tificate of an inspector licensed under section 1495-12. 
 
 2. Whenever the department has required any product or recep- 
 tacle to bear the official certificate of an inspector licensed under sec- 
 tion 1495-12, no person marketing or having in his possession for 
 commercial purposes any such product or receptacle shall remove, 
 mutilate or alter the official certificate thereon or represent such 
 product or receptacle, unless in a manner authorized by the depart- 
 ment, as being of any grade or classification other than the grade 
 or classification designated by the official certificate thereon, except 
 as provided in subsections 2 and 3 of section 1495-10 ; and no person 
 shall market or have in his possession for commercial purposes any 
 such product or receptacle unless such product or receptacle bears 
 the official certificate of an inspector licensed under section 1495-12, 
 except as provided in subsections 2, 3 and 4 of section 1495-10 : Pro- 
 vided, That such a product or receptacle may be marketed or had 
 in possession without an official certificate issued at the point of ship- 
 ment if such product or receptacle is destined for shipment to a point 
 within the State, where the shipper has arranged for the issuance 
 of an official certificate: Provided, further, That possession, under 
 this section, shall not include possession by a carrier or other bailee. 
 
 Sec. 1495-12. Licensing of inspectors. — 1. The department, upon 
 presentation of satisfactory evidence that the applicant is competent, 
 may issue a license to any person to certify the grade or other classi- 
 fication of food products or farm products or of receptacles there- 
 for, for which standards have become effective under section 1495-10. 
 The purpose of such certification may be either to enforce the stand- 
 ard or merely to furnish to an interested party an official statement 
 of the grade or other classification. A certificate issued under this 
 section, unless superseded by a finding as provided in subsection 4 of 
 this section, shall be accepted in any court of this State as prima 
 facie evidence of the facts to which the certificate relates. 
 
 2. No fee shall be charged the licensee for any license issued under 
 this section. 
 
 3. The department may — in the discretion of the commissioner — 
 fix and cause to be collected a reasonable, uniform fee for certifica- 
 tion where the purpose of such certification is to enforce the stand- 
 ard. The department shall fix and cause to be collected a reasonable, 
 uniform fee for certification where the purpose of such certification 
 is merely to furnish to an interested party an official statement of the 
 grade or other classification. 
 
 4. Any person affected by a certification made under this section 
 may appeal to the department from such certification within a 
 reasonable time to be prescribed in regulations issued by the depart- 
 
 517—27 58 
 
912 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 ment. The department shall thereupon make an investigation to 
 determine the true grade or other classification of the product or 
 receptacle and shall issue a finding thereof. Such a finding shall be 
 accepted in any court of this State as prima facie evidence of the 
 facts to which the finding relates. 
 
 5. The department shall charge and collect a reasonable fee for 
 any appeal taken under this section but shall refund such fee if the 
 appeal is sustained. 
 
 6. The department, after opportunity for hearing has been given 
 the licensee, may, by special order, revoke any license issued under 
 this section, whenever the department finds that such licensee is in- 
 competent or has knowingly or carelessly issued any false or im- 
 proper certificate of grade or other classification or has accepted 
 money or other consideration, directly or indirectly, as compensa- 
 tion for any neglect or improper performance of duty or has vio- 
 lated any provision of sections 1495-1 to 1495-30, inclusive, or any 
 regulation made thereunder. The department may, without hear- 
 ing, suspend such right for a period not exceeding ten days, pending 
 investigation. The department may in the discretion of the commis- 
 sioner, restore the license of any person whose license has been re- 
 voked. 
 
 7. No person shall certify or attempt to certify that the grade or 
 other classification of any food product or farm product or of any re- 
 ceptacle therefor conforms or does not conform to the standard 
 established under section 1495-10, unless such person holds an unre- 
 voked and unsuspended license issued under this section. No per- 
 son shall influence or attempt to influence any licensee to neglect or 
 improperly perform his duty. No licensee shall knowingly issue any 
 false or improper certificate of grade or other classification or accept 
 money or other consideration, directly or indirectly, as compensation 
 for any neglect or improper performance of his duty. 
 
 Stats., 1921, Vol. I, eh. 77, p. 1293. 
 
 Sec. 1671 (al898). Rate fixed.— The owners or occupiers of all grist- 
 mills moved by water shall be entitled to one-eighth part of all wheat, 
 rye or other grain ground and bolted or ground and not bolted, and no 
 more ; and such owners or occupiers shall not be permitted to grind 
 their own grain to the exclusion of other grists so long as such mill 
 is used and occupied as a gristmill. 
 
 Stats., 1921, Vol. II, ch. 84a, p. 1385. 
 
 Sec. 1747-5, as amended by Laws, 1923, ch. 114, p. 208. Duties; weigh- 
 ing and grading grain. — The grain and warehouse commission shall 
 inspect, weigh and grade all grain grown in this State, and any 
 other grain upon request which is milled or received for milling, 
 bought or sold in the city of Superior, and shall inspect, weigh and 
 grade all grain received for storage, stored or shipped either by boat 
 or railway from any and all public warehouses as defined by or de- 
 clared to be such warehouses under the provisions of section 1747-6 
 of the statutes : Provided, however, That whenever the Secretary of 
 Agriculture of the United States has established grades, weights 
 and measures, or any standards of quality and condition of any 
 grain, seed and other agricultural products under the United States 
 grain standards act, such grades, standards of quality and condi- 
 
WISCONSIN 913 
 
 tions, weights and measures shall become the grades, standards of 
 quality and conditions, weights and measures of this State. For 
 the purpose of making such inspection, weighing and grading of 
 grain, said commission shall have the power, and it shall be their 
 duty to appoint a chief inspector and one or more deputy inspectors, 
 a weighmaster and one or more deputy weighmasters, and to adopt 
 and publish rules and regulations governing the inspection, weigh- 
 ing and grading of grain delivered into or shipped out of any and 
 all such elevators and warehouses in said city. And there is further 
 granted to said commission full power and authority to make such 
 further regulations as will enable them to fully comply with all the 
 provisions of sections 1747-1 to 1747-55, inclusive, of the statutes, 
 including the granting of licenses to elevators and warehouses here- 
 inafter provided for, and the establishment and collection of charges 
 and fees for the inspection, weighing and grading of the grain. 
 
 2. The commission may, upon request, enforce reasonable regula- 
 tions for the weighing of cars of coal offered for shipment in carload 
 lots and may direct any deputy weighmaster to weigh coal in car- 
 load lots on the docks within the territory under its jurisdiction, 
 except coal shipped by any person, firm or corporation for its own 
 use or consumption, and issue weighing certificates therefor, and to 
 inspect and supervise scales therefor. The commission shall fix a 
 fee for any such services, and such fee and all expenses incurred by 
 the commission in complying with such request shall be paid by the 
 person, firm or corporation making the request therefor. 
 
 Sec. 1747-20 (al907). Test of scales; penalty.—* * * And all 
 scales used for the weighing of grain in public warehouses shall be 
 subject to examination and test by any duly authorized inspector, 
 weighmaster or sealer of weights and measures, at any time when 
 required by any person or persons, agent or agents, whose grain has 
 been, or is to be weighed on such scales. The expense of such test 
 by an inspector or sealer to be paid by the warehouse proprietor if 
 the scales are found incorrect, but not otherwise. Any warehouse 
 man who shall be guilty of continuing to use scales found to be in an 
 imperfect or incorrect condition, by such examination and test, until 
 the same shall have been pronounced correct and properly sealed, 
 shall be liable to be proceeded against as herein provided. 
 
 Sec. 1747-21, as amended by Laws, 1923, ch. 114, p. 208. Duty of 
 weighma'ster. — The weighmaster appointed by the grain and ware- 
 house commission and his deputies, shall supervise and have exclusive 
 control of the weighing of grain received into any mill or received, 
 stored or delivered or shipped from any and all public warehouses 
 and also the inspection of scales upon which grain is weighed ; and 
 the action or certificates of such weighmaster or his assistants, in the 
 discharge of their duties, shall be conclusive upon all parties, either 
 in interest or otherwise, as to the matters contained in said cer- 
 tificates. 
 
 Sec. 1747-22. Fees. — The grain and warehouse commission shall fix 
 the fees to be paid for the weighing of grain, which fees shall be 
 paid by the warehouseman, and may be added to the charges for 
 storage. 
 
 Sec. 1747-23 (al913). Weighmaster; assistant; eligibility; bonds. — 
 The weighmaster and each and every assistant shall not be a member 
 of any board of trade or association of like character. They shall 
 
914 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 give bonds in the sum of two thousand dollars, conditioned for the 
 faithful discharge of their duties. 
 
 Sec. 1747-24. Penalty for obstruction. — In case any person, ware- 
 house or railroad corporation or any of their agents or employes, 
 shall refuse or prevent the weighmaster, or either of his assistants, 
 from having access to their scales in the regular performance of 
 their duties in supervising and weighing of any grain in accord- 
 ance with the tenor and meaning of sections 1747-1 to 1747-55, 
 inclusive, they shall forfeit the sum of one hundred dollars for each 
 offense to be recovered in an action by the said grain and warehouse 
 commission, and any and all moneys collected shall be turned into 
 the State treasury. 
 
 Sec. 1747-33 (al911). Liens. — The charge for the inspection and 
 weighing of grain under the provisions of sections 1747-1 to 1747-55, 
 inclusive, shall be and constitute a lien on grain so inspected, or 
 weighed, and whenever such grain is in transit the said charges 
 shall be treated as advanced charges to be paid by the common car- 
 rier in whose possession the same is at the time of inspection. 
 
 Sec. 1747-41, as amended by Laws, 1923, ch. 114, p. 208. Publishing 
 rules. — The rules and regulations adopted by said grain and ware- 
 house commission for the weighing and inspection of grain shall 
 be published in a daily newspaper in the city of Superior and in 
 each city in which a public warehouse is located. 
 
 Sec. 1747-58 (al907). Minnesota sales void. — All contracts for the 
 sale or purchase of grain upon the basis of grades fixed upon inspec- 
 tion made by any person or persons appointed or employed by or 
 under the railroad and warehouse commission of the State of Min- 
 nesota or upon weights fixed or certified by such appointees or em- 
 ployes or by any person in any wise related to or connected with 
 the board of trade of the city of Duluth, where the grain is to be 
 delivered or weighed in Superior shall be void. 
 
 Sec. 1747-60. Presumption of sale. — All grain delivered from any 
 and all elevators to cars or boats in the city of Superior, shall be 
 presumed to have been delivered upon, or in fulfilment, in whole 
 or in part, of a contract for the sale thereof, and shall subject said 
 grain to weighing and inspection under the provisions of this act 
 at the time of such delivery. But this shall not apply to the use 
 of boats for storage out of the navigation season, provided the grain 
 is afterwards returned to the elevator for inspection and weighing. 
 
 Sec. 1747-61. Unauthorized weighing; penalty. — No person who is 
 not the chief weighmaster or a deputy weighmaster under the pro- 
 visions of chapter 19 of the laws of Wisconsin for the year 1905 
 shall weigh any grain received into any elevator or mill in the city 
 of Superior or shipped out of such elevator or mill, and any person 
 who shall violate any of the provisions of this section shall be 
 punished by a fine of not less than one hundred dollars for each 
 offense: Provided, however, That this section shall not prevent the 
 owner of any grain from, or punish him for, weighing his own grain 
 where such weighing does not in anywise relate to the sale, purchase 
 or delivery or payment for said grain, and is solely for his private 
 use, but the burden of proof in any case to show that such weighing 
 is for such private use shall be upon the defendant. 
 
WISCONSIN 915 
 
 Stats., Vol II, 1921, ch. 87, p. 1470. 
 
 Sec. 1797-10 (al921). Freight, weighing of; empty cars, weighing of, 
 when; platform scale for weighing of livestock; railroad weights and 
 scales. — * * * (b) Every railroad shall correctly weigh all freight 
 shipped on actual weight, and shall also correctly weigh all empty 
 cars when freight is shipped in carload lots; and to facilitate deal- 
 ings between shippers of livestock and railroad companies, includ- 
 ing the ascertainment of the minimum weight required to be loaded 
 to entitle the shipper to carload rates and the amount of loss sus- 
 tained by the shipper in the event of the destruction of stock in 
 transit through the negligence of the carrier, at every point at which 
 any railroad company maintains a stockyard and an agent, from 
 which point an average of twenty-five carloads or more of stock 
 were shipped during each of the four preceding years, it shall be the 
 duty of such railroad to maintain or cause to be maintained after 
 November 1, 1921, a suitable platform scale properly housed for 
 the weighing of livestock: Provided, That, upon application made 
 prior to said date, the railroad commission may by order extend the 
 time for installing any such scale to a date not later than January 1, 
 1922. The capacity of such scale may be prescribed by the rail- 
 road commission upon the application of the railroad or of any per- 
 son shipping livestock from such point during the preceding year: 
 Provided, That upon notice of such character as the railroad com- 
 mission may prescribe to each person who shipped livestock during 
 the preceding year from any such point or points upon its line, any 
 railroad may apply to the railroad commission for an order ex- 
 empting such point or points from the operation of this section 
 upon sufficient proof to satisfy it that the probable benefit to accrue 
 to shippers in their dealings with the railroad company will not 
 warrant the financial burden that would be imposed upon the rail- 
 road by the installation of such scales adequately housed at the point 
 or points named in the application, and in its determination of such 
 benefits or burdens the railroad commission shall not consider any 
 benefits that might accrue to shippers in their dealings with other 
 than the carriers concerned. It shall not be necessary for any rail- 
 road company to furnish an attendant of platform scales installed 
 pursuant to the provisions hereof except where its local agent re- 
 fuses to furnish a key thereof to a shipper of livestock upon season- 
 able demand therefor. 
 
 (c) The commission shall have power to make and enforce reason- 
 able regulations for furnishing cars to shippers and for moving and 
 switching the same, and for the loading and unloading thereof, and 
 the weighing of cars and freight offered for shipment over any line 
 of railroad, and to test the weights made by any railroad and scales 
 used in weighing freight or cars. 
 
 Stats., 1921, ch. 98, as renumbered by Laws, 1923, ch. 152, p. 255. 
 
 Sec. 98.09 (al913). Babcock milk and cream tests; samples; paying 
 check. — 1. In the use of ths Babcock test, the standard milk meas- 
 ures or pipettes shall have * capacity of seventeen and six-tenths 
 cubic centimeters, and the standard test tubes or bottles for milk 
 shall have a capacity of two cubic centimeters for each ten per cent 
 marked on the necks thereof; cream shall be tested by weight and 
 
916 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 the standard unit for testing shall be eighteen grams, and it is 
 hereby made a misdemeanor to use any other standards of milk or 
 cream measure where milk or cream is purchased by or furnished 
 to creameries or cheese factories and where the value of said milk 
 or cream is determined by the per cent of butterfat contained in the 
 same, or wherever the value of milk or cream is determined by the 
 per cent of butterfat contained in the same by the Babcock test. 
 
 2. In sampling cream or milk from which composite tests are to 
 be made to determine the per cent of butterfat contained therein, no 
 such sample or sampling shall be lawful unless a sample be taken 
 from each weighing and the quantity thus used shall be proportioned 
 to the total weight of the cream or milk tested. 
 
 3. Every person, corporation or company operating a creamery 
 when using the Babcock test as a standard and manufacturing butter 
 to determine the value of any milk or cream received or bought by 
 such person, corporation or company, shall, when paying for such 
 milk or cream, include in every statement or check issued to any 
 patron in payment thereof a statement of the number of pounds of 
 butterfat and the number of pounds of butter made for the period 
 of time for which payment is made. 
 
 Sec. 98.10 (al915). Standardization of Babcock test pipettes; sealers 
 not required to seal bottles or pipettes. — 1. All bottles and pipettes 
 used in measuring milk or milk products for making determination 
 of the per cent of fat in said milk or milk products shall have clearly 
 blown or otherwise permanently marked in the side of the bottle or 
 pipette the word " Sealed," and in the side of the pipette or the side 
 or bottom of the bottle the name, initials, or trade-mark of the manu- 
 facturer and his designating number, which designating number 
 shall be different for each manufacturer and may be used in identify- 
 ing bottles. The designating number shall be furnished by the 
 State superintendent of weights and measures upon application by 
 the manufacturer and upon the filing by the manufacturer of a bond 
 in the sum of one thousand dollars with sureties to be approved by 
 the attorney general, conditioned upon conformance with the re- 
 quirements of this section. A record of the bonds furnished, the 
 designating number, and to whom furnished, shall be kept in the 
 office of the State superintendent of weights and measures. 
 
 2. Any manufacturer who sells Babcock milk, cream or butter test 
 bottles or milk pipettes, to be used in this State, that do not comply 
 with the provisions of this section shall suffer the penalty of five 
 hundred dollars to be recovered by the attorney general in an action 
 against the offender's bondsmen, to be brought in the name of the 
 people of the State. Any dealer who uses, for the purpose of de- 
 termining the per cent of milk fat in milk or milk products, any 
 bottles or pipettes purchased after this law takes effect that do not 
 comply with the provisions of this section relating thereto, shall be 
 deemed guilty of a misdemeanor and upon conviction thereof shall 
 be punished by a fine of not less than twenty-five dollars nor more 
 than one hundred dollars, or by imprisonment in the county jail not 
 less than ten days nor more than three months. 
 
 3. The State superintendent of weights and measures shall pre- 
 scribe specifications with which the glassware mentioned in this sec- 
 tion shall comply. The unit of graduation for all Babcock glass- 
 
WISCONSIN 917 
 
 ware shall be the true cubic centimeter or the weight of one gram of 
 distilled water at four degrees centigrade. 
 
 4. Sealers of weights and measures are not required to seal Bab- 
 cock milk, cream or butter test bottles or milk pipettes marked as in 
 this section provided, but they shall from time to time make tests of 
 individual bottles used by the various firms in the territory over 
 which they have jurisdiction in order to ascertain whether the above 
 provisions are being complied with and they shall report immedi- 
 ately to the State superintendent of weights and measures violations 
 found. 
 
 Sec. 98.11 (al913). To underread or overread unlawful. — It shall be 
 unlawful for any person, by himself, his servant or agent or as the 
 servant or agent of another to falsely manipulate or underread or 
 overread or make any false determination by the Babcock test or any 
 other contrivance used for determining the quality or value of milk 
 or cream delivered to a creamery, cheese factory, or condensed milk 
 factory, or when sold or purchased. 
 
 Sec. 98.13, as amended by Laws, 1923, ch. 152, p. 255, sec. 201. Penal- 
 ties. — (3) Every violation of any of the provisions of sections 98.09, 
 98.10 and 98.11 shall be punished by a fine of not less than twenty- 
 five dollars nor more than one hundred dollars or by imprisonment 
 of not less than thirty days nor more than sixty days. 
 
 Stats., 1921, Vol. I, ch. 76gg, p. 1162. 
 
 Sec. 1494c (al921). Commercial fertilizer, net weight to be marked. — 1. 
 Every person who shall, in this State, sell or expose for sale any 
 commercial feritlizer or any material used for fertilizing purposes, 
 excepting agricultural lime and the dung of poultry and domestic 
 animals in their natural condition selling for less than ten dollars 
 per ton, shall affix to every package of such fertilizer or material in 
 a conspicuous place on the outside thereof, a plainly printed state- 
 ment clearly and truly certifying the number of net pounds therein, 
 name or trade-mark under which the article is sold, name of the 
 manufacturer or shipper, place of manufacture, place of business of 
 the manufacturer * * *. 
 
 Sec. 1494-12. Commercial feeding stuff, net weight to be stated. — 
 Every manufacturer, company or person who shall sell, offer or 
 expose for sale or for distribution in this State any concentrated 
 commercial feeding stuff used for feeding farm livestock, shall fur- 
 nish with each car or other amount shipped in bulk and shall affix 
 to every package of such feeding stuff in a conspicuous place on the 
 outside thereof a plainly printed statement clearly and truly certi- 
 fying the number of net pounds in the car or package sold or offered 
 for sale, the name or trade-mark under which the article is sold, the 
 name of the manufacturer or shipper, the place of manufacture, the 
 place of business * * *. 
 
 Stats., 1921, Vol. I, ch. 84, p. 1381. 
 
 Sec. 1731 (al919). Inspectors; term.— The governor shall appoint an 
 inspector for each of said [four] lumber districts who shall be styled 
 " Lumber inspector of district no. — " (designating the proper 
 district) ; he shall at the time of his appointment be a citizen of 
 this State and reside within the lumber district for which he is ap- 
 pointed. The term of office of each of the four inspectors first ap- 
 
918 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 pointed shall expire on the first Monday in April, 1921, and there- 
 after the term of office of each inspector shall be two years and com- 
 mence on the first Monday in April of the year of his appointment, 
 but the incumbent shall hold until his successor is appointed and 
 qualified. 
 
 Sec. 1732 (1864). Their duties, oath and bond. — Each lumber inspec- 
 tor shall, before entering upon the duties of his office, take and sub- 
 scribe an oath that he will faithfully discharge the duties of his office 
 to the best of his knowledge, judgment and ability and execute to the 
 county in which his office shall be kept a bond, with three or more 
 sureties, to be approved by the treasurer and county judge, in the sum 
 of five thousand dollars, conditioned that he will faithfully perform 
 his duties as lumber inspector of district (giving the number) and 
 deliver to his successor in office all bills, papers, journals, books and 
 other effects appertaining to his office. Such oath of office and bond 
 shall be filed in the office of such county treasurer; and any person 
 feeling himself aggrieved may commence an action in his own name 
 on said bond in like manner as actions may be brought on other 
 official bonds according to the provisions of chapter 44. 
 
 Sec. 1733 (al919). Location of offices. — The inspectors of lumber dis- 
 trict number one shall keep his office at Khinelander ; of district 
 number two, at Ladysmith ; of district number three, at Eau Claire ; 
 of district number four, at Stevens Point. 
 
 Sec. 1734 (al869). Deputies; oaths. — Each such inspector may divide 
 his district into such subdistricts as he may deem best and for each 
 subdistrict, as well as for any specific purpose, may appoint one or 
 more deputies, for whose conduct and fidelity in the discharge of his 
 duties as such he shall be responsible upon his official bond; each of 
 said lumber inspectors shall have power and authority to administer 
 oaths to their several deputies or for any purpose relating to the 
 duties of their office. 
 
 Sec, 1735 (1864), Effect of scale bills. — Each lumber inspector shall, 
 in person or by a deputy, at the request of any owner of logs, timber 
 or lumber, after a scalement or measurement thereof, make a bill, stat- 
 ing therein the number of logs, the number of feet, board measure, 
 contained in such logs and lumber, and the number of feet, cubic, run- 
 ning or board measure, contained in said timber, and at whose re- 
 quest the same were scaled or measured and to whom scaled or meas- 
 ured, a copy of which bill he shall enter upon the books of his office, 
 to be provided by him and kept for that purpose, with the marks as 
 they occurred upon the logs. A correct bill of the same shall be given 
 to such owner, with a certificate thereto attached that it is a true 
 and correct bill, which bill so certified shall be presumptive evidence 
 of the facts therein contained and of the correctness of such scale- 
 ment or measurement in all courts, except in favor of the inspector 
 or deputy inspector who made the same. 
 
 Sec. 1736 (al866). Rules for measurement of lumber. — Each lumber 
 inspector and his deputies shall, in surveying or measuring logs, make 
 such allowance for hollow, rotten or crooked logs as would make 
 them equal to good, sound, straight, merchantable logs; and all logs 
 that are straight and sound are to be measured at their full size, 
 inside the bark at the small end, and all logs over twenty- four feet 
 long and not exceeding thirty-six feet, shall be scaled or measured as 
 two logs, allowing such rise from the first to the second log as the 
 
WISCONSIN 
 
 919 
 
 same may require or as may seem proper in the opinion of the in- 
 spector or his deputy. Each lumber inspector shall require of each 
 of his deputies, at the end of each month, a correct account of all 
 the logs, lumber or timber measured by him during the month next 
 preceding, and he shall immediately enter such account upon the 
 books of his office. 
 
 Sec. 1737 (al913). Table showing standard scale; use of other. — The 
 standard rule for scaling or measuring logs in the said districts shall 
 be in accordance with the following table, showing in the first column 
 the diameter of log at the small end in inches, at the head of each 
 other column the length of log in feet, and in the body of such other 
 columns the resultant contents of each log in board measure feet 
 of lumber, to wit: 
 
 Diameter of log at small end in inches 
 
 6.. 
 7_. 
 8.. 
 9.. 
 10. 
 
 11. 
 12. 
 13. 
 14. 
 15. 
 
 16. 
 17. 
 18. 
 19. 
 20. 
 
 21. 
 22. 
 23. 
 24. 
 25. 
 
 27. 
 28. 
 29. 
 30. 
 
 31. 
 
 32. 
 33. 
 34. 
 35. 
 
 36. 
 37. 
 38. 
 39. 
 40. 
 
 41. 
 42. 
 43. 
 44. 
 
 45. 
 46. 
 47. 
 
 48. 
 
 Length of log and board measurement in feet 
 
 12 
 
 14 
 
 16 
 
 18 
 
 20 
 
 22 
 
 24 
 
 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 
 
 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 
 
 440 
 
 510 
 
 580 
 
 650 
 
 730 
 
 800 
 
 870 
 
 460 
 
 530 
 
 610 
 
 680 
 
 760 
 
 840 
 
 910 
 
 490 
 
 570 
 
 660 
 
 740 
 
 820 
 
 900 
 
 990 
 
 530 
 
 620 
 
 710 
 
 800 
 
 890 
 
 980 
 
 1,060 
 
 650 
 
 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 
 
 840 
 
 980 
 
 1,120 
 
 1,260 
 
 1,400 
 
 1,540 
 
 1,680 
 
 900 
 
 1,050 
 
 1,200 
 
 1,350 
 
 1,500 
 
 1,660 
 
 1,800 
 
 950 
 
 1,110 
 
 1,270 
 
 1,430 
 
 1,590 
 
 1,750 
 
 1,900 
 
 1,010 
 
 1,170 
 
 1,340 
 
 1,510 
 
 1,680 
 
 1,850 
 
 2,020 
 
 1,050 
 
 1,220 
 
 1,400 
 
 1,570 
 
 1,740 
 
 1,920 
 
 2,100 
 
 1,110 
 
 1,290 
 
 1,480 
 
 1,660 
 
 1,850 
 
 2,040 
 
 2,220 
 
 1,140 
 
 1,330 
 
 1,520 
 
 1,710 
 
 1,900 
 
 2,090 
 
 2,280 
 
 1,190 
 
 1,390 
 
 1, 590 
 
 1,780 
 
 1,980 
 
 2,180 
 
 2,380 
 
 1,240 
 
 1,450 
 
 1,660 
 
 1, 860 
 
 2,070 
 
 2,280 
 
 2,480 
 
 1,300 
 
 1, 510 
 
 1,730 
 
 1,940 
 
 2, 160 
 
 2,360 
 
 2,600 
 
 Other rules may be used at the request of the owner of logs; but 
 in all such cases the bill of the inspector shall state by what rule 
 the logs were scaled or measured. 
 
920 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Sec. 1741 (al919). Fees of inspectors. — 1. Each lumber inspector or 
 deputy shall be entitled to receive eight dollars per day for time 
 actually and necessarily spent in the performance of services as such 
 lumber inspector or deputy and necessary traveling expenses in- 
 curred in the discharge of such services. In all cases such compensa- 
 tion and expenses shall be paid by the owner of the logs, timber or 
 lumber scaled or measured. 
 
 2. For recording each mark or assignment thereof, fifty cents. 
 
 3. For recording any mortgage, bill of sale or other written in- 
 strument, the same fees allowed by law to registers of deeds for 
 recording like instruments. 
 
 Stats., 1921, Vol. I, ch. 84a, p. 1385. 
 
 Sec. 1747-155 (1919). Supervisor of pulp wood scaling; appointment; 
 term; duties; assistants. — 1. The office of supervisor of pulp wood 
 scaling is hereby created. Such supervisor shall be appointed by the 
 governor, by and with the advice and consent of the senate, for a 
 term of two years from the date of his appointment and until his 
 successor qualifies. Said supervisor shall take and file the official 
 oath, and execute and file his official bond in the sum of five thousand 
 dollars, with sureties approved by the governor. 
 
 2. It shall be the duty of the said supervisor to have inspected 
 and scaled all pulp wood when the same is bought in quantities 
 equal to car lots or more in any one shipment. Whenever a car lot 
 or more of pulp wood is delivered at any mill, or at any other place 
 of delivery, the purchaser shall have the same scaled by an official 
 scaler appointed by such supervisor. Such official scalers shall be 
 selected from persons in the employ of the purchasers of pulp wood 
 and shall be licensed by the supervisor, but shall receive no compen- 
 sation for their services from the State. Said supervisor may revoke 
 the license of any such scaler at any time. Every such official scaler 
 shall make quadruplicate reports of the amount and condition of the 
 pulp wood sold and delivered, transmit one such report to the super- 
 visor, one to the purchaser, one to the seller, and preserve one for 
 his own use. The person buying such pulp wood shall pay the 
 supervisor ten cents for each car scaled, which sum the supervisor 
 shall pay to the State treasurer. Said supervisor shall appoint two 
 assistant scalers for not to exceed six months in any one year, whose 
 duty it shall be to supervise the work performed by the official 
 scalers, but such assistants shall receive not to exceed the sum of 
 one hundred and fifty dollars per month salary, and their actual 
 and necessary expenses incurred in the performance of their duties. 
 Such supervisor shall as often as required by the governor, and at 
 least once annually, file with the secretary of state a detailed sworn 
 statement of all work performed by him, expenses incurred and fees 
 collected under the provisions of this section. Such supervisor shall 
 be paid an annual salary of twenty-five hundred dollars, and his 
 actual and necessary expenses incurred in the performance of the 
 duties of his office. He shall maintain his office at some convenient 
 place in the pulp-wood district, and the same shall be provided 
 with all necessary furniture, supplies and stationery by the super- 
 intendent of public property. 
 
WISCONSIN 921 
 
 3. All moneys received by such supervisor for the scaling of pulp 
 wood shall be paid, within one week after receipt, into the general 
 fund. 
 
 Stats., 1921, Vol. II, ch. 182, p. 2220. 
 
 Sec. 4453a (1885). Fraud in scaling' logs. — Any lumber or deputy 
 lumber inspector or any other person employed to scale logs who 
 shall purposely over or under scale or measure the same, or know- 
 ingly report a greater or less amount than the true scale thereof, or 
 make any record of a greater or less amount of logs than he has 
 actually scaled, or who shall omit or neglect to scale anv logs he is 
 lawfully called upon to scale, for the purpose of defrauding another, 
 and any person who shall procure the performance of any such act, 
 or cause such omission or neglect, or knowingly and willingly be 
 interested therein or profit thereby, shall be punished by imprison- 
 ment in the State prison for not more than five years nor less than 
 one year, or in the county jail for not more than one year nor less 
 than six months, or by fine of not more than five thousand dollars 
 nor less than one hundred dollars. Any person who shall make any 
 certificate of scalement which scalement he did not personally make 
 shall be punished by imprisonment in the county jail not more than 
 six months nor less than one month, or by fine of not more than five 
 hundred dollars nor less than one hundred dollars. 
 
WYOMING 
 Laws, 1921, ch. 73, p. 74. 
 
 Sec. 1. Standards. — The standards of weights and measures in this 
 State shall be those recognized or furnished by the United States. 
 
 Sec. 2. Verification of standards. — In addition to the State stand- 
 ards of weights and measures, there shall be supplied by the State 
 such other weights, measures and apparatus as may be found neces- 
 sary to carry out the provisions of this act, to be known as work- 
 ing standards. Such weights, measures and apparatus shall be veri- 
 fied by the State superintendent of weights and measures, or his 
 authorized assistants, at his direction, upon their initial receipt and 
 at least once in each year thereafter, by comparison with the State 
 standards. When found accurate upon these tests the working stand- 
 ards shall be sealed by stamping on them the letter "W" and the 
 date with seals which the State superintendent of weights and meas- 
 ures shall have and keep for that purpose. The State standards shall 
 be used in making all comparisons of weights, measures, and weigh- 
 ing or measuring devices submitted for test in the office of the State 
 superintendent of weights and measures. 
 
 Sec. 3. Superintendent of weights and measures. — The dairy, food 
 and oil commissioner 1 shall be ex officio State superintendent of 
 weights and measures. He shall take charge of the standards 
 adopted by this act as the standards of the State, and cause them to 
 be kept in a safe and suitable place, from which they shall not be 
 removed except for repairs or for certification and he shall take all 
 other necessary precautions for their safe keeping. He shall main- 
 tain the State standards in good order and shall submit them at 
 least once in ten years to the National Bureau of Standards for 
 certification. He shall keep a complete record of the standards, 
 balances, and other apparatus belonging to the State and take receipt 
 for same from his successor in office. He shall annually, on the last 
 day of September, make to the governor a report of all work done 
 by his office. 
 
 Sec. 4. Duties of superintendent. — The State superintendent of 
 weights and measures shall have and keep a general supervision of 
 the weights, measures, and weighing and measuring devices, offered 
 for sale, sold, or in use in the State. When not otherwise provided 
 by law the State superintendent of weights and measures shall have 
 the power, and it shall be his duty to inspect, test, try, and ascertain 
 if they are correct, all weights, measures, and weighing and measur- 
 ing devices kept, offered or exposed for sale, sold, or used or em- 
 ployed by any proprietor, agent lessee, or employee in proving the 
 size, quantity, extent, area, or measurement of quantities, things, 
 produce, or articles for distribution or consumption, purchased, 
 offered, or submitted by such person or persons for sale, hire, or 
 
 1 Duties transferred to commissioner of agriculture. See p. 926. 
 922 
 
WYOMING 923 
 
 award, and he shall have the power to and shall from time to time 
 weigh or measure and inspect packages or amounts of commodities 
 of whatsoever kind kept for the purpose of sale, offered or exposed 
 for sale, or sold or in the process of delivery in order to determine 
 whether the same contain the amounts represented, and whether they 
 be offered for sale or sold in a manner in accordance with law. He 
 shall as often as he may deem necessary see that all weights, meas- 
 ures, weighing or measuring devices used are correct. He may for 
 the purpose above mentioned, and in the general performance of his 
 official duties, enter or go into or upon, and without formal war- 
 rant, any stand, place, building, or premises, or stop any vendor, 
 peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any 
 dealer whatsoever, and require him, if necessary, to proceed to some 
 place which the State superintendent of weights and measures may 
 specify, for the purpose of making the proper tests. Whenever the 
 State superintendent of weights and measures finds a violation of 
 the statutes relating to weights and measures, he shall cause the 
 violator to be prosecuted. 
 
 Sec. 5. Sealing of weights and measures. — Whenever the State super- 
 intendent of weights and measures compares weights, measures, or 
 weighing or measuring devices and finds that they correspond or 
 cause them to correspond with the standards in his possession, he 
 shall seal or mark such weights, measures, or weighing or measuring 
 devices with appropriate devices. 
 
 Sec. 6. Condemnation and destruction of incorrect weights and meas- 
 ures. — The State superintendent of weights and measures shall con- 
 demn and seize and may destroy incorrect weights, measures, or 
 weighing or measuring devices which in his best judgment, are not 
 susceptible of satisfactory repair; but such as are incorrect and yet 
 may be repaired, he shall mark or tag as " Condemned for repairs." 
 The owners or users of any weights, measures, or weighing or meas- 
 uring devices of which such disposition is made, shall have the same 
 repaired or corrected within ten days, and they may neither use nor 
 dispose of the same in any way, but shall hold the same at the dis- 
 posal of the State superintendent of weights and measures. Any 
 weights, measures, or weighing or measuring devices which have been 
 " condemned for repairs " and have not been repaired as required 
 above, shall be confiscated by the State superintendent of weights and 
 measures. 
 
 Sec. 7. Police powers. — The State superintendent of weights and 
 measures, and his authorized assistants, are hereby made special 
 policemen, and are authorized and empowered to arrest, without 
 formal warrant, any violator of the statutes in relation to weights 
 and measures, and to seize for use as evidence, without formal war- 
 rant, any false or unsealed weight, measure, or weighing or measur- 
 ing device or package, or amounts of commodities found to be used, 
 retained, or offered or exposed for sale or sold in violation of law. 
 
 Sec. 8. Interference with superintendent; penalty. — Any person who 
 shall hinder or obstruct in any way the State superintendent of 
 weights and measures, or his authorized assistants, in the perform- 
 ance of their official duties shall be guilty of a misdemeanor and upon 
 conviction thereof in any court of competent jurisdiction shall be 
 punished by a fine of not less than twenty dollars ($20.00) or more 
 
924 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 than one hundred dollars ($100.00) or by imprisonment in the county 
 jail for not more than three months or by both such fine and impris- 
 onment. 
 
 Sec. 9. Impersonation of superintendent; penalty. — Any person who 
 shall impersonate in any way the State superintendent of weights and 
 measures, or his authorized assistants, by the use of his seal or the 
 counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, 
 and upon conviction thereof in any court of competent jurisdiction, 
 shall be punished by a fine of not less than one hundred dollars 
 ($100.00) nor more than five hundred dollars ($500.00) or by impris- 
 onment for not more than one (1) year or by both such fine and im- 
 prisonment. 
 
 Sec. 10. Sale by net weight. — Whenever any commodity is sold on 
 a basis of weight, it shall be unlawful to employ any other weight 
 in such sale than the net weight of the commodity ; and all contracts 
 concerning goods sold on a basis or [of] weight shall be understood 
 and construed accordingly. Whenever the weight of a commodity is 
 mentioned in this act it shall be understood and construed to mean the 
 net weight of the commodity. 
 
 Sec. 11. Standard weights per bushel; measurement of hay. — All com- 
 modities hereinafter named in this section shall be sold either by the 
 bushel or by weight, and when sold by the bushel, the bushel shall 
 consist of the number of pounds hereinafter stated; and whenever 
 such commodities are hereinafter named are sold in the subdivisions 
 of the bushel, the number of pounds in such subdivision of the bushel 
 shall consist of the fractional part of the number of pounds as here- 
 inafter set forth for the bushel, namely: 
 
 Pounds per 
 bushel 
 
 Onions 57 
 
 Parsnips 50 
 
 Peaches 48 
 
 Potatoes 60 
 
 Rice corn 56 
 
 Rye i 56 
 
 Speltz or emmer 45 
 
 Sweet potatoes 50 
 
 Tomatoes 56 
 
 Turnips 55 
 
 Wheat 60 
 
 Unless otherwise agreed to between the contracting parties, the 
 following shall constitute the legal measurement for hay in stack in 
 the State of Wyoming: Four hundred and twenty-two (422) cubic 
 feet shall constitute a ton of clean, native, blue joint hay, after thirty 
 (30) days up to three (3) months' settlement in stack. As to all 
 other kinds of hay, after the same shall have been settled in stack- 
 from sixty (60) days and up, five hundred and twelve (512) cubic 
 feet shall constitute a ton of alfalfa or rough slough grass, after 
 the same shall have been in the stack thirty (30) days and up to one 
 (1) year. Four hundred and fifty (450) cubic feet shall constitute 
 a ton of clean timothy and clover, after the same shall have been in 
 the stack thirty (30) days, and up to one (1) year. Making meas- 
 urements of hay in stack, the following is hereby made the legal 
 method of measurement, to wit: The width and length of the stack 
 shall be measured, and the distance from the ground against one side 
 of the stack to the ground against the other side of the stack, di- 
 
 Pounds per 
 bushel 
 
 Barley 48 
 
 Beans 60 
 
 Beets 56 
 
 Carrots 50 
 
 Castor beans 46 
 
 Corn, shelled 56 
 
 Flaxseed 56 
 
 Green apples 48 
 
 Indian corn, in the ear 70 
 
 Kaffir corn 56 
 
 Oats 32 
 
WYOMING 925 
 
 rectly over and opposite, shall be taken in linear feet and inches, 
 and then the width shall be subtracted from the measurement over the 
 stack, as above indicated, the result divided by two, and the result 
 so obtained multiplied by the width, and the result thus obtained 
 multiplied by the length, which will give the number of cubic feet 
 contained in the stack, and the tonnage shall thereupon be deter- 
 mined by dividing the total number of cubic feet by the number of 
 cubic feet allowed under the provisions of this section for a ton. 
 
 Sec. 12. Appointment of weighmasters. — It shall be the duty of the 
 county commissioners to see that every city and town in their county 
 containing two thousand or more inhabitants, is provided with public 
 scales for the weighing of coal, hay and other merchandise sold by 
 weight, and that every city and town council in the respective counties 
 shall appoint a city or town weighmaster, whose services shall be 
 paid for by the city or town appointing such weighmaster. It shall 
 be the duty of every vendor of coal, hay and other merchandise sold 
 in bulk, and of the agents and employees of such vendor, to cause 
 such coal, hay and other merchandise to be weighed and a statement 
 of such weight to be delivered to the purchaser with the article so 
 weighed. Where such coal, hay or other merchandise is weighed on 
 a public or city scale, the weighmaster shall charge for every such 
 certificate of weight a fee of ten cents, which shall be paid by the 
 vendor or producer, and shall by said weighmaster be turned into 
 ihe treasury of the city or town by which he was appointed. Any 
 person failing to comply with this requirement for weighing coal, 
 hay or other merchandise, or failing to deliver the certificate of 
 weight as aforesaid, shall on conviction be punished by a fine of 
 not less than ten dollars nor more than one hundred dollars for each 
 offense. 
 
 Sec. 13. Rules and regulations by superintendent. — The State super- 
 intendent of weights and measures shall establish uniform tolerances 
 or reasonable variations to take care of unavoidable shrinkage, and 
 of scale variations in handling and weighing of any of the articles 
 mentioned in this act, and shall adopt such rules and regulations as 
 he may deem necessary to carry out the provisions of this chapter, 
 and he may change, modify, or amend any or all rules and regu- 
 lations whenever deemed necessary, and the rules and regulations 
 so made shall have the force and effect of law. 
 
 Sec. 14. Violation; penalty. — Any person, who by himself or his 
 servant or agent, or as the servant or agent of another person shall 
 offer or expose for sale, sell, use in the buying or selling of any com- 
 modity or thing or for hire or award, or retain in his possession 
 a false weight or measure or weighing or measuring device, or 
 any weight or measure or weighing or measuring device which 
 has not been sealed by the State superintendent of weights and 
 measures, or his authorized assistants, at his direction; or shall 
 sell or offer or expose for sale less than the quantity he represents, 
 when as the buyer, he furnishes the weight, measure, or weighing 
 or measuring device by means of which the amount of commodity 
 is determined, or who shall keep for the purpose of sale, offer 
 or expose for sale, or sell any commodity in a manner contrary to 
 law; or who shall violate any provision of this act for which a 
 specific penalty has not been provided, or who shall sell or offer for 
 sale, or use or have in his possession for purpose of selling or using 
 
926 LAWS CONCEKNING WEIGHTS AND MEASUKES 
 
 any devise [device] or instrument to be used to or calculated to 
 falsify any weight or measure or any weighing or measuring device ; 
 shall be guilty of a misdemeanor, and shall be punished by a fine 
 of not less than twenty dollars ($20.00) or more than two hundred 
 dollars ($200.00), or by imprisonment for not more than three (3) 
 months, or by such fine and imprisonment, upon a first conviction 
 in any court of competent jurisdiction; and upon a second or 
 subsequent conviction in any court of competent jurisdiction, he 
 shall be punished by a fine of not less than fifty dollars ($50.00) 
 or more than five hundred ($500), or by imprisonment in the 
 county jail for not more than one year, or by both such fine and 
 imprisonment. 
 
 Sec. 15. Definition of terms. — The word " person " as used in this act, 
 shall be construed to import both the singular and plural, as the 
 case demands, and shall include corporations, companies, societies 
 and associations. 
 
 The words "weights, measures or (and) weighing or (and) meas- 
 uring devices " as used in this act shall be construed to include 
 all weights, scales, beams, measures of every kind, instruments 
 and mechanical devices for weighing or measuring, and any appli- 
 ances and accessories connected with any or all such instruments. 
 
 The word " sell " or " sale " as used in this act shall be construed 
 to include barter and exchange. 
 
 Sec. 16. Repeal. — Chapter 249, of the Wyoming Compiled Stat- 
 utes, 1920, and all acts and parts of acts inconsistent with the pro- 
 visions of this act are hereby repealed. 
 
 Laws, 1923, ch. 100, p. 184. 
 
 Sec. 1. Establishment of department; commissioner. — A State depart- 
 ment of agriculture is hereby created and established under the man- 
 agement and control of a board of agriculture acting through a pub- 
 lic officer to be known as the State commissioner of agriculture, to 
 be appointed by the board. 
 
 Sec. 16. Food and oil department discontinued. — From and after 
 April 1st, 1923, or as soon thereafter as the State department of agri- 
 culture may be organized for business, the office of dairy, food and 
 oil commissioners shall be abolished and the tenure of all employes 
 of said office is hereby terminated. All powers now vested in the 
 dairy, food and oil commissioner and all duties and privileges now 
 imposed and conferred upon him by and under the existing laws, 
 are hereby transferred to and imposed and conferred upon the com- 
 missioner of agriculture, to be exercised by him through such chief 
 of division, deputy, assistant or other agency as he may determine 
 with the approval of the board of agriculture. * * * 
 
 Comp. Stats., 1920, ch. 126, p. 391. 
 
 Sec. 1781 (1895). Cities of first class. — All cities having more than 
 four thousand inhabitants shall be governed by the provisions of 
 this chapter, and be known as cities of the first class. 
 
 Sec. 1860 (1909). Power to regulate weights and measures. — They 
 [cities of the first class] shall have power to purchase and own 
 grounds for and to erect and establish and regulate markets and 
 scales; * * * to establish and regulate standard weights and 
 measures; to regulate the weighing and measuring of every com- 
 
WYOMING 927 
 
 modify sold in the city ; to provide for the inspection and weighing 
 of hay, grain and coal, the measuring of wood and fuel to be used in 
 the city; and to determine the place or places of the same, and to 
 regulate and prescribe the place or places of exposing for sale, hay, 
 coal and wood, and to fix the fees and duties of persons authorized 
 to perform such duties. 
 
 Comp. Stats., 1920, ch. 459, p. 1279. 
 
 Sec. 7298 (1884). Giving false weights in merchandise. — Every per- 
 son who, in putting up in any bag, bale, box, barrel or other pack- 
 age, any hops, cotton, wool, grain, hay or other goods usually sold 
 in bags, bales, boxes, barrels or other packages by weight, puts in 
 or conceals therein anything whatever for the purpose of increasing 
 the weight of such bag, bale, box, barrel or package, and thereby 
 defrauding the purchaser, shall be fined not more than one hundred 
 dollars. 
 
 Sec. 7311 (1876). Using false weights. — If any person shall know- 
 ingly have, keep, or use any false or fraudulent scales or weights for 
 weighing gold or gold dust, or any other article or commodity, every 
 person so offending shall be fined not more than five hundred dollars, 
 or imprisoned in the county jail not more than six months. 
 
 Sec. 7314 (1895). Selling by false weights. — If any person shall 
 knowingly sell by false weights or measures, or shall knowingly use 
 false weights or measures at any threshing machine, or at any mill, 
 in taking toll for grinding or threshing corn, wheat, rye or other 
 grain and seeds, he shall be deemed a common cheat and shall be 
 fined not more than one hundred dollars, and shall be imprisoned in 
 the county jail not more than six months. 
 
 Comp. Stats., 1920, ch. 65, p. 211. 
 
 Sec. 862 (1890-91). Legal standard water measurement. — A cubic 
 foot of water per second of time shall be the legal standard for the 
 measurement of water in this State, both for the purpose of deter- 
 mining the flow of water in natural streams, and for the purpose of 
 distributing water therefrom. 
 
 Comp. Stats., 1920, ch. 282, p. 832. 
 
 Sec. 4535 (1884). Legal standard time. — The mean local time of the 
 one hundred and fifth meridian west of Greenwich is and the same is 
 hereby adopted and declared to be the legal standard time for all 
 points in the State of Wyoming, and computations of legal time shall 
 be made thereby, using such standard time as a basis. 
 
 Comp. Stats., 1920, ch. 231, p. 715. 
 
 Sec. 3731 (al915). Misbranded food; net weight to be marked. — That 
 the term "misbranded," as used herein, shall apply to all drugs 
 or articles of food, or articles which enter into the composition of 
 food, the package or label of which shall bear any statement, design 
 or device, regarding such article or the ingredients or substances 
 contained therein which shall be false or misleading in any par- 
 ticular, and to any food or drug product which is falsely branded 
 as to the State, Territory or country in which it is manufactured 
 or produced. 
 
 517—27 59 
 
928 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 That for the purpose of this act an article shall also be deemed 
 to be misbranded :,,*** 
 
 In case of food : * * * 
 
 Third. If in package form, the quantity of the contents be not 
 plainly and conspicuously marked on the outside of the package 
 in terms of weight, measure or numerical count : Provided, however, 
 That reasonable variations shall be permitted and also exemptions 
 as to small packages may be established by rules and regulations 
 made in accordance with section 3741. 
 
 Sec. 3732 (al913). Samples; disposition of; misbranded unless net 
 weight is shown. — -Under the aforesaid rules and regulations, repre- 
 sentative samples shall be collected by the State dairy, food and oil 
 commissioner, or his deputies. Samples may be purchased in the 
 open market, and, if in bulk, the marks, brands, or tags upon the 
 package, carton, wrapper or other container, and the accompanying 
 written or printed matter shall be noted. * * * For the purpose 
 of this chapter all samples which do not show the net weight properly 
 marked on top of the box, package, or on the face of the principal 
 label, may be disapproved by the State dairy, food and oil commis- 
 sioner without further test and the absence of the net weight properly 
 labeled shall be prima facie evidence that they are misbranded and 
 need not be sent to the State chemist for examination, but may be 
 certified to the county attorney directly by the State dairy, food and 
 oil commissioner without the certificate of the State chemist. 
 
 Sec. 3741 (1913). Kules and regulations. — The State dairy, food and 
 oil commissioner, in executing the provisions of all laws which come 
 under his jurisdiction shall accept such of the rules and regulations 
 of the United States Department of Agriculture as he may deem 
 necessary and adopt the standards of purity for foods as laid down 
 by the United States Department of Agriculture, also make, pro- 
 mulgate and enforce such other rules and regulations as may seem 
 necessary and proper to a prompt and effective enforcement of the 
 laws. 
 
 Comp. Stats., 1920, ch. 234, p. 722. 
 
 Sec. 3759 (1917). Label to contain statement. — Every lot or parcel 
 of commercial feeding stuffs sold, offered or exposed for sale or dis- 
 tributed within this State shall have 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 ; 
 
 (b) The name, brand or trade-mark; 
 
 (c) The name and principal address of the manufacturer or per- 
 son responsible for placing the commodity on the market • * * * 
 
 Comp. Stats., 1920, ch. 269, p. 814. 
 
 Sec. 4448 (1890-91). State inspector to adjust scales and measures. — 
 * * * The State inspector is hereby made the legal adjuster of all 
 weigh scales, measures or other mechanical machine by which the 
 miners' coal is weighed or measured, and shall balance and adjust 
 said scales or measures at any time he may consider it necessary in 
 his official visits to the mines. 
 
WYOMING 929 
 
 Comp. Stats., 1920, ch. 273, p. 825. 
 
 See. 4489 (1911). Regulating the weighing of coal. — It shall be un- 
 lawful for any mine owner, lessee, operator, agent or company in 
 this State, employing miners at bushel or ton rates, or other quan- 
 tities, 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 mar- 
 ketable 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 con- 
 tract to load coal by the bushel, ton or quantity. 
 
 Sec. 4491. Checkweighman. — The miners employed by or engaged 
 in working for any, mine owner, lessee, operator, agent or company 
 in this State shall have the privilege, if they so desire, of employing 
 at their own expense a checkweighman, who shall have like rights 
 and privileges in the weighing of coal as the regular weighman and 
 be subject to the same oath and penalties as the regular weighman. 
 
 Sec. 4492 (al919). — The owner, lessee, operator, agent or company 
 operating any coal mine in this State, at which miners are paid 
 by weight, shall provide suitable and accurate scales of standard 
 manufacture for weighing of coal which may be procured from 
 such mines; such owner, lessee, operator, agent or company shall be 
 required to keep United States standard weights to test said scales. 
 At every mine where the coal miner is paid for by weight it shall 
 be the duty of the weighman and the checkweighman to examine and 
 balance the scales each morning, and in no case shall any coal be 
 weighed until such scales are tested by the United States standard 
 weights and found correct : Provided, That if the weighman and 
 checkweighman shall disagree, work may continue until the inspec- 
 tor of mines can be present, and any erroneous weights made during 
 such time shall be rectified. When differences shall arise between 
 the weighman and the checkweighman, or operator, of any mine, as 
 10 the correctness of the scales, the same shall be referred to the 
 inspector of mines whose duty it shall be to see and regulate the 
 same at once. The mine inspector of the district upon each regular 
 visit to each mine, shall test the scales used for the weighing of coal; 
 if for any reason, he believes the scales to be inaccurate he shall call 
 in the county assessor, as county sealer of weights and measures, 
 and they shall proceed to test out the scales according to United 
 States standards; if any inaccuracies are discovered they shall direct 
 the scales to be properly repaired or adjusted until they register 
 approximately correct weights. Any failure on the part of the mine 
 inspector, and county assessor when called on to perform these 
 duties shall constitute a refusal to perform the duties of their office 
 and upon failure to do so they shall be reported to the governor of 
 the State in writing. The inspector of mines upon each regular 
 visit to each mine shall test the scales used for the weighing of coal. 
 
930 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Miners employed in the mine and others personally interested shall 
 at all proper times have full right of access to and examination of 
 scales or apparatus used for weighing coal in or about said mine : 
 Provided, however, The provisions of this chapter shall not apply 
 lo mines classed as prospects, but only to those having regular 
 output. 
 
 Sec. 4493 (1911). Fraudulent weighing; penalty. — Any person or 
 persons having or using any scale or scales for the purpose of weigh- 
 ing the output of coal at mines so arranged or constructed that 
 fraudulent weighing may be done thereby, or who shall knowingly 
 resort to or employ any means whatever by reason of which such 
 coal is not correctly weighed and reported in accordance with the 
 provisions of this act, shall be deemed guilty of a misdemeanor and 
 shall upon conviction for each offense be punished by a fine of not 
 less than one hundred dollars nor more than three hundred dollars, 
 or by imprisonment in the county jail for a period not to exceed sixty 
 days, or by both such fine and imprisonment. 
 
 Sec. 4494. Loaders included. — The provisions of this chapter shall 
 also apply to the class of workers in mines known as loaders, engaged 
 in mines wherein mining is done by machinery. Whenever the work- 
 men are under contract to load coal by the bushel, ton, or any quan- 
 tity, the settlement of which is by weight, the output shall be 
 weighed in accordance with the provisions of this chapter. 
 
APPENDIX 
 
 LEGAL WEIGHTS PER BUSHEL OF COMMODITIES 
 
 [REPRINTED (WITH SLIGHT REVISION) FROM CIRCULAR NO. 10 
 (FOURTH EDITION) OF THE BUREAU OF STANDARDS] 
 
 931 
 
\ 
 
COMMODITIES FOIL WHICH BUSHEL WEIGHTS HAVE BEEN ESTAB- 
 LISHED IN NOT MORE THAN FOUR STATES 
 
 Beans, Lima, in pod, 34 pounds (Connecticut). 
 
 Beans, Velvet, shelled, 60 pounds (Alabama). 
 
 Beggaeweed Seed, 62 pounds (Florida). 
 
 Blackberries, dried, 28 pounds (Alabama, North Carolina, South Carolina, and 
 
 Tennessee). 
 Black Medic (cleaned), 56 pounds (Alabama). 
 Blueberries, 42 pounds (Maine). 
 Butternuts, dried, 28 pounds (Vermont). 
 Cane Seed, 50 pounds (Kansas and South Carolina). 
 
 Cantaloupe Melon, 50 pounds (North Carolina, South Carolina, and Ten- 
 nessee). 
 Chufas, 54 pounds (Florida). 
 
 Cowpeas, 60 pounds (Indiana, Maryland, and Virginia). 
 Culm, 80 pounds (Maryland). 
 Feed, 50 pounds (Maine). 
 Feterita, 56 pounds (Kansas). 
 Grass Seed : 1 
 
 All meadow and fescue except tall, 14 pounds (North Carolina). 
 
 Bermuda, 40 pounds (New Mexico and Oklahoma) ; 14 pounds (North 
 Carolina). 
 
 Carpet, 25 pounds (Alabama). 
 
 Clover, bur, 10 pounds (Alabama). 
 
 Italian rye, 20 pounds (Alabama, North Carolina, South Carolina, and 
 Tennessee) . 
 
 Johnson, 28 pounds (Arkansas) ; 25 pounds (Alabama and North Caro- 
 lina). 
 
 Perennial rye, 14 pounds (North Carolina). 
 
 Rye, 22 pounds (Nebraska). 
 
 Sudan, 40 pounds (Kansas) ; No. 1, 32 pounds, No. 2, 30 pounds, No. 3, 
 28 pounds (Texas). 
 
 Tall meadow and tall fescue, 24 pounds (North Carolina). 
 
 Velvet, 7 pounds (Alabama, North Carolina, South Carolina, and Ten- 
 nessee). 
 Guavas, 54 pounds (Florida). 
 
 India Wheat, 46 pounds (Vermont). (This is a species of buckwheat.) 
 Land Plaster, 100 pounds (Alabama, North Carolina, South Carolina, and 
 
 Tennessee). 
 Lentils, 60 pounds (Pennsylvania). 
 Mangelwurzel, 60 pounds (Connecticut and Maine). 
 Meal, except oatmeal, 50 pounds (Maine). 
 Melilotus Seed (cleaned), 00 pounds (Alabama). 
 Middlings, coarse, 30 pounds (Indiana). 
 Milo Maize, 56 pounds (Kansas) ; 50 pounds (Texas). 
 Mustard Seed, 58 pounds (North Carolina). 
 
 Parsley, 8 pounds (Connecticut, Maine, New Hampshire, and Vermont). 
 Paspalum (Alabama). (The weight has been omitted in the law.) 
 Peach Seed, 50 pounds (North Carolina). 
 Peas, black-eye and other cowpeas, 60 pounds (Virginia). 
 Peppers, 24 pounds (Connecticut). 
 Pieplant (see under rhubarb in following table). 
 Radish Seed, 50 pounds (Iowa and South Dakota). 
 Root Crops (not otherwise specified), 50 pounds (Iowa, Nebraska, and South 
 
 Dakota ) . 
 Sage, 4 pounds (Alabama, North Carolina, South Carolina, and Tennessee). 
 Salads (mustard, spinach, kale, and turnips), 10 pounds (North Carolina) ; 
 
 12 pounds (South Carolina) ; and 30 pounds (Alabama and Tennessee). 
 Sunflower Seed, 24 pounds (North Carolina). 
 Teosinte, 59 pounds (North Carolina). 
 
 ■Other kinds of gniss .seed than those given here will be found under their specific 
 luinios on pp. 0:14 to 041. 
 
 93 3 
 
934 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Commodities for which bushel weights have been established in more than 
 
 four States 
 
 
 ■a 
 § 
 .2 
 
 < 
 
 Apples 
 
 ■3 
 
 a> 
 cu 
 
 P, 
 P. 
 
 CD 
 
 3 
 
 n 
 
 
 
 Beans 
 
 CO 
 
 P 
 <D 
 
 B, 
 
 CD 
 <D 
 
 pq 
 
 
 
 a> 
 
 P. 
 
 a 
 < 
 
 •a 
 
 ft 
 
 03 
 
 O 
 
 1 
 o 
 
 a 
 
 P"3 
 
 o 
 
 a 
 
 w 
 
 o 
 g 
 
 CD 
 U 
 
 o 
 
 a 
 
 .3 
 
 CO 
 
 o 
 
 P. 2 
 
 s 5 
 
 CO 
 
 CD 
 
 S3 
 
 >> 
 o 
 ra 
 
 +3 
 
 CD 
 CD 
 
 m 
 
 
 
 2 60 
 8 S0 
 
 
 
 48 
 
 48 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 
 24 
 
 40 
 
 60 
 
 46 
 
 30 
 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 3 50 
 
 24 
 
 
 48 
 50 
 
 48 
 48 
 
 '60 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 
 25 
 
 .... 
 
 
 
 24 
 
 
 
 
 
 
 12 
 
 'fin 
 
 
 
 
 
 
 
 
 
 
 
 District of Columbia 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 48 
 
 24 
 24 
 
 
 
 48 
 
 47 
 48 
 48 
 48 
 
 »60 
 
 '60 
 
 «48 
 
 
 
 
 '78 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 3 48 
 «47 
 
 24 
 24 
 
 — - 
 
 60 
 <60 
 
 46 
 46 
 
 
 
 
 
 
 
 
 
 56 
 
 
 
 24 
 
 
 8 24 
 
 
 
 
 
 fin 
 
 
 
 
 
 
 
 
 60 
 60 
 
 48 
 48 
 
 24 
 24 
 24 
 
 -— 
 
 48 
 48 
 47 
 32 
 48 
 
 48 
 
 »60 
 
 60 
 
 '60 
 
 «50 
 46 
 
 45 
 
 56 
 
 38 
 
 .... 
 
 56 
 
 
 
 
 
 
 5fi 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 44 
 
 3 50 
 
 25 
 28 
 
 
 
 60 
 "60 
 
 
 
 24 
 
 56 
 
 10 47 
 
 50 
 
 28 
 
 58 
 
 12 
 
 "fin 
 
 
 "50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 3 50 
 
 22 
 28 
 26 
 
 24 
 
 - 
 
 48 
 48 
 48 
 
 48 
 48 
 48 
 48 
 48 
 
 60 
 
 60 
 
 '60 
 
 60 
 60 
 
 »60 
 60 
 
 '60 
 
 46 
 
 
 
 
 
 
 
 
 
 56 
 
 
 60 
 
 
 
 56 
 
 i« 47 
 
 50 
 
 
 
 
 50 
 
 
 46 
 
 46 
 
 
 
 
 
 
 
 
 
 48 
 
 45 
 
 3 48 
 
 3 48 
 
 48 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 50 
 
 
 60 
 60 
 
 24 
 24 
 25 
 
 -- 
 
 8 50 
 46 
 
 56 
 
 .... 
 
 56 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 56 
 
 New Hampshire 
 
 
 24 
 
 
 
 
 
 58 
 
 12 
 
 60 
 
 
 
 
 
 
 
 
 
 
 New Mexico 
 
 60 
 
 45 
 
 24 
 25 
 24 
 28 
 
 24 
 24 
 
 16" 
 
 48 
 48 
 48 
 
 48 
 
 48 
 48 
 
 60 
 
 60 
 
 9 60 
 
 60 
 
 60 
 60 
 
 46 
 
 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 50 
 
 48 
 48 
 
 46 
 
 
 
 
 
 
 
 60 
 
 
 50 
 
 
 
 
 55 
 
 "47 
 
 "50 
 
 
 fi0 
 
 Ohio 
 
 
 
 
 
 
 
 5fi 
 
 Oklahoma 
 
 60 
 
 46 
 
 
 
 
 
 
 
 
 
 60 
 
 
 
 
 
 
 
 
 
 
 
 Pennsylvania - 
 
 60 
 
 45 
 48 
 
 3 50 
 
 48 
 
 3 50 
 
 3 50 
 
 25 
 25 
 
 24 
 
 24 
 24 
 28 
 
 16" 
 
 40 
 
 16" 
 
 48 
 48 
 
 48 
 48 
 48 
 48 
 
 »60 
 60 
 
 •60 
 6 60 
 8 60 
 <60 
 
 6 46 
 46 
 
 46 
 
 »50 
 
 46 
 
 46 
 
 
 
 
 
 
 
 
 
 fifi 
 
 Rhode Island 
 
 
 
 
 
 
 
 
 
 5n 
 
 
 
 30 
 50 
 30 
 
 
 
 
 
 
 
 
 no 
 
 South Dakota 
 
 60 
 
 .... 
 
 »56 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 sn 
 
 
 60 
 
 24 
 
 
 8 24 
 
 
 
 
 
 60 
 
 Utah 
 
 
 
 
 
 
 
 60 
 60 
 
 48 
 45 
 
 25 
 
 28 
 
 
 
 48 
 48 
 
 60 
 "60 
 
 46 
 
 28 
 
 24 
 
 
 
 
 
 58 
 "60 
 
 12 
 
 60 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 3 48 
 
 44 
 
 3 48 
 
 24 
 25 
 
 40 
 
 48 
 48 
 48 
 
 "60 
 60 
 60 
 
 46 
 46 
 46 
 
 38 
 
 24 
 
 56 
 56 
 
 
 i» 50 
 
 
 68 
 
 .... 
 
 56 
 
 
 Wl 
 
 Wyoming 
 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 Not defined, except as noted. 
 
 2 Green or ripe. 
 
 3 Green apples. 
 ' White. 
 
 ' Mangelwurzel; beets, table size, 56 pounds. 
 
 • Shelled. 
 
 i Velvet in hull. 
 
 8 Wax. 
 
 1 Dry or dried, 
 m Windsor (broad). 
 
 " Also sugar, turnip, and mangelwurzel. 
 ■2 Called "castor beans or seed in the law. 
 is White runner pole only. 
 " Navy and soja. 
 15 Dried, shell. 
 18 Scarlet runner pole only 4 
 
APPENDIX 
 
 935 
 
 Commodities for which bushel weights have been established in more than 
 
 four States— Continued 
 
 
 a 
 
 M 
 3 
 
 3 
 
 T3 
 I 
 
 © 
 
 =1 
 
 s 
 
 T3 
 M.3 
 
 3 
 
 s 
 
 a 
 
 co 
 
 M 
 
 m 
 
 3 
 a 
 
 <v 
 
 a 
 
 to 
 
 a 
 
 o 
 
 m 
 
 « 
 m 
 3 
 
 CO 
 
 a 
 
 O 
 O 
 
 s 
 
 o 
 o 
 
 M 
 
 a 
 
 OS 
 9 
 
 1 
 =1 
 
 03 
 .O 
 X> 
 
 OS 
 
 o 
 
 ■a 
 
 0) 
 
 aS 
 
 >, 
 u 
 
 OS 
 
 a 
 
 09 
 O 
 
 o 
 
 o 
 
 B 
 
 to 
 
 O 
 
 8 
 S 
 a 
 o 
 
 .2 
 
 ft 
 O 
 
 3 
 
 a 
 
 <D 
 
 S3 
 
 o 
 
 Federal Statutes 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 
 14 
 
 
 20 
 
 
 42 
 
 50 
 
 50 
 
 60 
 
 50 
 
 80 
 
 22 
 
 ' 56 
 
 50 
 
 Arizona 
 
 
 Arkansas 
 
 
 14 
 
 
 20 
 
 
 48 
 
 52 
 40 
 
 52 
 48 
 
 
 
 
 
 
 
 
 California 
 
 
 
 
 
 
 
 
 
 Colorado 
 
 
 14 
 
 
 
 
 
 
 
 
 
 
 
 
 Connecticut 
 
 
 
 20 
 
 
 
 
 
 50 
 
 
 2 20 
 220 
 
 
 
 D elaware 
 
 
 
 
 
 
 
 
 
 
 District of Columbia 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Florida 
 
 
 
 
 20 
 
 «20 
 
 
 
 
 
 
 
 
 
 
 
 Georgia 
 
 
 14 
 
 
 
 
 52 
 
 
 
 
 
 
 
 
 Hawaii 
 
 
 
 
 
 
 
 
 
 
 
 Idaho 
 
 
 * 14 
 14 
 
 22 
 
 20 
 20 
 
 
 
 50 
 52 
 
 
 
 50 
 
 50 
 
 
 
 
 
 
 
 
 48 
 
 
 
 
 20 
 
 
 
 
 
 
 
 
 
 Iowa 
 
 
 14 
 U4 
 
 14 
 
 22 
 14 
 
 20 
 
 14 
 
 50 
 30 
 
 48 
 48 
 56 
 
 
 
 50 
 50 
 
 
 20 
 
 40 
 156 
 
 
 Kansas 
 
 
 
 
 
 Kentucky 
 
 
 20 
 
 
 
 
 
 
 
 Louisiana 
 
 
 
 
 
 
 
 
 
 
 
 
 40 
 
 
 
 20 
 
 20 
 
 
 
 48 
 48 
 
 
 
 50 
 
 50 
 
 
 
 
 
 Maryland ^ 
 
 14 
 
 
 
 
 
 
 
 
 
 
 Massachusetts 
 
 
 
 
 
 
 
 
 
 
 Michigan 
 
 
 14 
 14 
 14 
 
 14 
 14 
 18 
 14 
 
 
 
 
 
 48 
 50 
 48 
 
 52 
 52 
 50 
 50 
 48 
 
 
 
 50 
 
 45 
 
 
 
 
 
 Minnesota 
 
 
 
 
 
 57 
 
 
 
 
 
 
 50 
 
 Mississippi 
 
 
 22 
 
 20 
 
 20 
 20 
 20 
 20 
 20 
 
 
 
 
 
 
 
 
 Missouri .. 
 
 
 
 
 
 
 50 
 50 
 50 
 50 
 50 
 
 
 
 
 
 Montana 
 
 
 
 
 
 
 
 
 
 
 Nebraska 
 
 
 14 
 
 50 
 
 
 
 
 20 
 
 40 
 
 
 Nevada 
 
 
 
 
 
 New Hampshire, 
 
 
 
 
 
 
 
 
 
 
 New Jersey 
 
 
 
 
 
 
 
 
 
 
 
 
 New Mexico .. 
 
 
 14 
 
 
 20 
 20 
 20 
 20 
 
 
 
 52 
 48 
 50 
 42 
 
 50 
 52 
 
 
 
 50 
 50 
 50 
 
 45 
 
 50 
 50 
 
 80 
 
 20 
 
 
 
 New York 
 
 
 
 
 
 
 
 
 North Carolina. . ... 
 
 48 
 
 14 
 
 14 
 
 
 14 
 
 44 
 30 
 
 45 
 48 
 
 50 
 
 60 
 
 80 
 
 22 
 
 i 56 
 
 50 
 
 North Dakota 
 
 50 
 
 Ohio 
 
 
 
 
 
 
 
 
 Oklahoma.. . 
 
 
 14 
 
 
 20 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Pennsylvania 
 
 
 14 
 
 
 20 
 
 20 
 20 
 
 
 
 50 
 
 48 
 
 48 
 50 
 48 
 50 
 
 52 
 
 50 
 
 
 50 
 
 50 
 50 
 50 
 50 
 
 50 
 
 100 
 80 
 
 20 
 
 20 
 22 
 
 156 
 
 5 50 
 
 
 
 
 South Carolina 
 
 48 
 
 14 
 14 
 
 14 
 
 14 
 
 
 14 
 
 42 
 50 
 42 
 
 48 
 
 50 
 
 60 
 
 ' 56 
 
 50 
 
 
 
 Tennessee... 
 
 48 
 
 
 20 
 20 
 
 50 
 
 60 
 
 80 
 
 22 
 22 
 
 ■56 
 
 50 
 
 Texas 
 
 
 Utah 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 48 
 
 
 
 50 
 50 
 
 
 20 
 
 
 50 
 
 
 
 14 
 
 
 20 
 
 
 
 
 
 57 
 
 
 
 
 
 
 
 
 
 
 
 West Virginia 
 
 48 
 
 14 
 
 14 
 
 22 
 
 20 
 20 
 
 
 67 
 
 48 
 50 
 
 50 
 
 60 
 
 50 
 50 
 50 
 
 100 
 
 20 
 
 ■56 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 With stems; without stems, 64 pounds. 
 ' Commercially dry. 
 
 > Wheat bran. 
 1 Native. 
 
 Mlulled. 
 
936 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Commodities for which bushel weights have been established in more than 
 
 four States — Continued 
 
 
 •a 
 
 03 
 
 0> 
 
 u 
 
 CD 
 > 
 o 
 
 O 
 
 Coal 
 
 CD 
 
 M 
 a 
 O 
 
 Corn, including Indian corn or maize 
 
 
 "3 
 o 
 O 
 
 CD 
 1 
 
 a 
 
 < 
 
 s 
 
 o 
 
 a 
 3 
 
 5 
 
 OS 
 cd 
 
 a 
 
 CD 
 
 a 
 
 o 
 
 T3 
 CD 
 & 
 
 CD 
 03 
 H 
 
 Q 
 
 as 
 
 CD 
 CD 
 
 •a 
 a 
 
 Jcfa 
 
 M 
 
 ■81 
 
 -■a 
 
 a 3 
 
 a 
 
 O 03 
 
 o at 
 ft 
 o 
 P4 
 
 
 a 
 
 o 
 
 o 
 
 CD 
 CD 
 
 CD 
 
 CD 
 CD 
 
 is 
 
 CO 
 
 Federal Statutes 
 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 2 56 
 56 
 
 
 
 3 60 
 
 
 
 
 
 80 
 
 40 
 
 70 
 
 «75 
 
 70 
 
 56 
 
 
 
 Arizona - - -- - 
 
 
 
 
 
 
 Arkansas 
 
 GO 
 
 
 
 
 
 
 
 
 6 70 
 
 74 
 
 
 
 
 56 
 a 52 
 2 56 
 2 56 
 »56 
 
 
 California 
 
 
 
 
 
 
 
 
 
 
 
 
 Colorado. 
 
 60 
 
 CO 
 
 
 
 
 80 
 
 
 
 
 70 
 
 
 
 
 
 
 
 
 80 
 
 
 
 
 
 
 
 
 
 
 Delaware - 
 
 
 
 
 
 
 
 
 
 
 
 
 District of Columbia 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Florida 
 
 
 
 
 
 
 
 
 
 
 70 
 
 
 
 
 56 
 56 
 2 56 
 56 
 56 
 
 
 
 CO 
 
 
 
 
 
 80 
 
 
 
 70 
 
 
 
 
 
 Hawaii - 
 
 
 
 
 
 
 
 
 
 
 
 
 Idaho - - . 
 
 60 
 •60 
 
 
 
 
 
 
 
 
 70 
 
 70 
 
 
 
 
 56 
 
 
 Illinois - 
 
 80 
 
 
 
 
 
 40 
 
 .... 
 
 
 70 
 
 56 
 
 
 Indiana - 
 
 
 
 
 
 
 
 60 
 60 
 60 
 
 80 
 
 
 
 
 
 40 
 
 .... 
 
 7 70 
 '70 
 »70 
 
 '75 
 75 
 
 70 
 
 70 
 
 56 
 
 
 '56 
 
 56 
 
 56 
 
 2 56 
 
 2 56 
 
 56 
 
 50 
 
 
 
 
 
 
 
 Kentucky 
 
 
 «76 
 
 »76 
 
 .... 
 
 «76 
 
 
 
 
 
 
 Louisiana - 
 
 
 
 
 
 
 
 Maine.. 
 
 60 
 w 60 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 Maryland 
 
 80 
 
 
 
 
 
 
 70 
 
 
 
 
 
 
 Massachusetts. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 60 
 60 
 60 
 60 
 60 
 60 
 
 
 80 
 
 60 
 
 
 
 
 
 70 
 70 
 72 
 70 
 70 
 "70 
 70 
 
 
 
 
 
 56 
 56 
 56 
 66 
 56 
 
 '56 
 56 
 
 2 56 
 
 
 
 
 
 
 
 
 
 
 
 48 
 
 Mississippi 
 
 
 
 
 
 80 
 
 
 
 
 
 
 
 
 
 
 
 
 80 
 76 
 
 
 
 
 
 
 
 
 Montana 
 
 
 
 
 
 
 
 
 
 
 
 
 
 80 
 
 
 
 
 40 
 
 .... 
 
 '75 
 
 70 
 
 56 
 
 56 
 
 50 
 
 
 
 
 
 
 
 New Hampshire. 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 60 
 
 "60 
 60 
 60 
 
 10 60 
 
 
 
 
 80 
 
 .... 
 
 40 
 
 — - 
 
 70 
 
 72 
 
 70 
 
 56 
 
 
 56 
 '56 
 56 
 56 
 56 
 56 
 
 
 New York... 
 
 
 
 
 
 North Carolina 
 
 
 
 
 
 80 
 80 
 
 40 
 
 .... 
 
 3 70 
 70 
 68 
 70 
 
 74 
 
 "70 
 
 
 
 
 North Dakota 
 
 
 
 
 
 
 
 48 
 
 Ohio 
 
 "70 
 
 — - 
 
 80 
 
 
 40 
 
 .... 
 
 72 
 
 42 
 
 
 
 13 45 
 
 Oklahoma 
 
 80 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 
 60 
 
 3 60 
 
 60 
 
 3 60 
 
 6 60 
 
 80 
 
 75 
 
 76 
 
 .... 
 
 80 
 
 40 
 40 
 40 
 
 .... 
 
 5 70 
 70 
 
 5 70 
 70 
 
 7 70 
 
 (18) 
 
 
 
 
 
 56 
 56 
 56 
 56 
 56 
 56 
 
 
 Rhode Island 
 
 
 
 
 
 
 
 
 
 
 80 
 
 '74 
 *74 
 
 70 
 
 »70 
 70 
 
 56 
 56 
 
 
 
 South Dakota 
 
 
 
 
 
 50 
 
 
 
 
 
 
 80 
 80 
 
 40 
 40 
 
 
 
 
 
 
 80 
 
 
 
 56 
 
 
 
 Utah . -- 
 
 
 
 
 
 60 
 60 
 
 
 
 
 
 
 
 
 5 70 
 70 
 
 72 
 
 
 2 56 
 
 
 56 
 
 56 
 
 
 
 
 80 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 West Virginia 
 
 60 
 l»60 
 
 80 
 
 
 
 
 
 40 
 
 50 
 
 "68 
 
 
 
 
 "56 
 
 56 
 
 2 56 
 
 56 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 70 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i Not defined, except as noted. 
 
 2 Not stated whether shelled or unshelled, but presumed from the weight shown to be shelled. 
 
 ! Red and white. 
 
 * Corn, green, with shucks, 100 pounds per bushel. 
 8 Husked. 
 
 8 Clover seed, sweet, unhulled, 33 pounds, Illinois; 23 pounds, Texas. 
 ' Field corn. 
 
 * "Stone coal"; the term includes anthracite, cannel, bituminous, and other mined coal. 
 
 i Corn in the ear, in Kentucky, 70 pounds from Nov. 1 to May 1 following, and from May 1 to Nov. I 
 following, 68 pounds; in Mississippi, in connection with public local grain warehouses, " not exceeding 
 80 pounds" during the months of October and November only. 
 
 i° Also alsike (or Swedish), 60 pounds. 
 
 » Field corn, husked. 
 
 12 Red and white; clover burr (for seed in the burr), 8 pounds: German clover (also more commonly 
 known as crimson clover), 60 pounds; Japan, lespedeza in hulls, 25 pounds in North Carolina; 60 pounds 
 for red and white clover seed and also for crimson, 10 pounds for burr clover; Japan clover (lespedeza), 25 
 pounds, ic Alabama 
 
 1 3 Not stated whether in the ear or not, but from the weight shown it is presumed to be in the ear. 
 " Cannel coal. 
 
 » Shelled. 
 
 is Corn in the ear in Texas, 70 pounds after Dec. 1 and 72 pounds for new crop before Dec. 1 
 
 i' In ear, dry; in ear, green, 72 pounds. 
 
 iB Shelled; unshelled, 45 pounds. 
 
APPENDIX 
 
 937 
 
 Commodities for which bushel weights have been established in more than 
 
 four States — Continued 
 
 
 Corn meal 
 
 (including 
 
 Indian meal) 
 
 Cotton seed 
 
 3 
 
 CD 
 
 a 
 o 
 
 CO 
 
 M 
 CD 
 
 .Q 
 
 B 
 
 3 
 o 
 
 O 
 
 ■5 
 
 03 
 
 3 
 
 O 
 
 8 
 
 a 
 
 CD 
 
 a 
 a 
 
 CD 
 CD 
 
 3 
 
 a 
 
 ■a 
 
 CD 
 CD 
 
 | 
 
 C3 
 
 CD 
 
 ja 
 
 CD 
 
 O 
 
 O 
 O 
 
 
 
 CD 
 
 a 
 
 a 
 
 IH 
 O 
 
 Q 
 
 ■a 
 a> 
 
 ■a 
 
 CD 
 
 *o 
 
 a 
 
 
 
 ■a 
 
 CD 
 
 a 
 o 
 
 O 
 
 O 
 
 a 
 
 o 
 o 
 
 ~ CD 
 
 a © 
 
 CO CO 
 zS 
 
 CD 
 CO 
 
 a 
 
 o 
 o 
 
 CD 
 
 ~h CD 
 T3 CO 
 
 CI 
 
 03 
 
 ■q. 
 
 CO 
 O 
 
 a 
 
 a* 
 t-i 
 
 
 
 Federal Statutes 
 
 
 
 
 
 
 
 
 
 
 
 
 56 
 56 
 
 
 
 
 
 48 
 
 48 
 
 32 
 
 
 
 
 48 
 
 
 
 
 48 
 
 3 60 
 
 
 
 
 
 
 
 
 
 
 Arkansas 
 
 48 
 
 
 
 33^ 
 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Colorado 
 
 50 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Connecticut 
 
 
 
 
 44 
 
 30 
 
 32 
 
 48 
 
 
 12 
 
 
 55 
 
 
 
 Delaware 
 
 44 
 
 48 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Florida ... 
 
 48 
 
 
 
 32 
 30 
 
 44 
 
 
 
 
 
 
 
 
 
 
 
 48 
 
 48 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 48 
 
 
 
 
 
 
 
 
 
 
 
 56 
 56 
 
 
 
 
 
 48 
 
 32 
 
 
 
 33 
 
 48 
 
 
 
 40 
 
 40 
 
 
 
 
 
 
 
 
 
 48 
 
 
 
 
 
 
 
 48 
 48 
 
 
 
 40 
 40 
 
 56 
 
 56 
 56 
 
 
 < 40 
 
 
 
 
 
 
 
 
 
 
 «48 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 50 
 48 
 
 
 
 
 44 
 
 30 
 
 32 
 
 
 40 
 
 12 
 
 
 56 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 40 
 36 
 
 
 
 
 
 56 
 56 
 56 
 
 56 
 56 
 56 
 56 
 56 
 
 
 
 Minnesota 
 
 
 
 
 
 
 48 
 
 
 
 
 
 
 Mississippi 
 
 48 
 
 50 
 50 
 48 
 48 
 50 
 
 44 
 
 48 
 
 32 
 33 
 
 
 
 
 
 
 
 
 Missouri 
 
 
 
 
 48 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 
 
 
 48 
 
 
 * 40 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 32 
 
 
 
 12 
 
 
 
 
 New Jersey - . 
 
 
 
 
 
 
 
 
 
 
 New Mexico 
 
 50 
 50 
 
 
 
 32 
 
 
 
 
 48 
 
 
 
 
 56 
 55 
 56 
 56 
 
 56 
 56 
 
 
 
 New York. 
 
 
 
 44 
 
 44 
 
 30 
 
 
 
 
 
 
 
 North Carolina 
 
 
 
 30 
 
 
 48 
 48 
 
 
 
 
 48 
 
 M8 
 
 North Dakota. _ 
 
 
 
 
 
 36 
 
 
 
 
 
 Ohio. 
 
 48 
 50 
 
 
 
 
 
 
 
 
 
 
 48 
 
 
 
 
 32 
 
 
 
 
 48 
 
 
 
 
 
 Oregon 
 
 
 
 
 
 
 
 
 
 
 
 Pennsylvania 
 
 50 
 50 
 
 
 
 
 
 
 32 
 
 48 
 
 40 
 
 
 
 56 
 
 56 
 56 
 56 
 56 
 
 56 
 
 40 
 
 48 
 
 
 
 
 
 44 
 
 30 
 
 
 
 
 South Carolina 
 
 48 
 
 48 
 
 »30 
 
 32 
 
 48 
 48 
 48 
 
 48 
 
 40 
 
 
 
 48 
 48 
 40 
 
 5 48 
 
 
 50 
 
 
 
 
 
 MO 
 
 
 50 
 
 
 48 
 
 48 
 
 28 
 32 
 
 
 
 
 
 
 
 »48 
 
 Texas 
 
 50 
 
 
 
 33 
 
 
 
 
 
 Utah 
 
 
 
 
 
 
 
 
 50 
 48 
 
 
 
 
 
 
 32 
 
 48 
 
 
 12 
 
 40 
 
 55 
 56 
 
 
 
 
 
 
 30 
 
 
 
 
 
 Washington. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 48 
 50 
 
 46 
 
 
 32 
 
 44 
 44 
 
 30 
 
 36 
 35 
 
 '50 
 '50 
 
 40 
 
 
 
 56 
 56 
 66 
 
 40 
 
 •60 
 
 
 
 
 
 
 
 
 
 
 
 45 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 Not defined. 
 
 1 See also "Spelt or speltz." 
 
 • With stems, 48 pounds. 
 
 * With stems. 
 
 ( With stems; without stems, 60 pounds. 
 
 6 Cottonseed, long staple, 30 pounds. 
 
 7 Green. 
 
938 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Commodities for which bushel weights have been established in more than 
 
 four States — Continued 
 
 
 Hair 
 
 
 •a 
 s 
 
 | 
 
 8 
 
 a 
 
 w 
 
 u 
 9 
 
 Hi 
 
 00 
 
 3 
 
 a 
 
 o 
 
 w 
 
 d 
 1 
 
 o 
 
 HI 
 
 ■s 
 
 C3 
 0> 
 
 w 
 
 o 
 
 w 
 
 3 
 
 m to 
 
 C3 
 
 bo 
 d 
 d 
 W 
 
 a 
 o 
 
 03 
 
 M 
 
 a? 
 
 'a 
 
 M 
 
 Lime 
 
 
 Millet 
 
 
 CUD 
 
 .2 
 
 b0 O 
 
 fl rcJ 
 
 +o TO 
 
 50 
 
 1 
 
 3 
 
 -a 
 M 
 
 TO 
 
 CD 
 
 9 
 
 
 
 » £ 
 
 d j», 
 a a 
 o-S 
 
 cSX) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 
 
 
 44 
 
 45 
 
 50 
 
 62 
 
 50 
 
 48 
 
 56 
 
 — - 
 
 2 80 
 
 40 
 
 .... 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 44 
 
 
 
 
 
 
 
 
 80 
 70 
 
 
 
 
 
 
 
 
 
 45 
 
 50 
 
 
 50 
 
 
 
 3 12 
 
 
 
 
 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 50 
 
 
 
 8 
 
 
 
 44 
 
 
 
 
 
 
 
 
 2 80 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 8 
 
 4 
 4 
 
 44 
 44 
 
 
 
 
 
 50 
 50 
 
 56 
 56 
 
 — 
 
 2 80 
 80 
 
 
 
 32 
 38 
 
 50 
 50 
 
 
 
 
 — - 
 
 50 
 
 
 
 35 
 
 
 
 
 
 
 
 
 
 
 44 
 44 
 44 
 
 
 
 <50 
 50 
 
 
 
 50 
 
 56 
 56 
 
 :::: 
 
 80 
 
 2 80 
 2 35 
 
 
 
 50 
 
 a 50 
 
 50 
 
 
 
 
 8 
 
 4 
 
 
 
 .... 
 
 38 
 
 
 
 8 
 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 11 
 
 
 
 44 
 44 
 
 45 
 
 45 
 
 
 
 
 48 
 50 
 
 
 12 
 
 70 
 80 
 
 
 
 50 
 8 50 
 
 35 
 
 
 
 
 
 
 
 
 
 7 34 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 44 
 50 
 44 
 
 44 
 44 
 44 
 48 
 
 
 
 
 
 50 
 48 
 50 
 
 48 
 50 
 
 
 
 70 
 
 80 
 
 2 80 
 
 
 
 50 
 48 
 50 
 
 50 
 
 
 
 
 8 
 
 4 
 
 — - 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 38 
 
 38 
 30 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 80 
 80 
 
 .... 
 
 
 
 
 
 
 
 *50 
 
 
 
 56 
 56 
 
 — - 
 
 50 
 50 
 
 
 
 
 
 
 
 
 50 
 
 
 32 
 
 
 
 
 
 
 45 
 
 
 
 
 
 70 
 
 
 35 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 44 
 
 
 
 
 
 50 
 
 56 
 
 
 2 80 
 70 
 
 2 80 
 80 
 
 70 
 80 
 
 
 
 50 
 
 
 
 
 
 
 45 
 
 
 
 
 
 
 
 
 8 
 
 
 
 44 
 50 
 
 44 
 44 
 
 »50 
 50 
 
 50 
 
 62 
 
 50 
 
 48 
 48 
 
 50 
 
 48 
 
 50 
 
 10 
 
 40 
 
 .... 
 
 50 
 50 
 
 50 
 50 
 
 
 
 8 
 
 4 
 
 
 Ohio 
 
 
 60 
 
 .... 
 
 56 
 56 
 
 
 :::: 
 
 34 
 38 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 
 
 
 44 
 
 44 
 44 
 44 
 44 
 
 44 
 
 45 
 
 50 
 
 60 
 
 50 
 
 50 
 
 50 
 
 48 
 50 
 48 
 
 48 
 
 56 
 
 — - 
 
 80 
 
 70 
 
 2 80 
 
 80 
 
 2 80 
 
 "46" 
 
 38 
 38 
 
 50 
 
 50 
 ">50 
 
 50 
 "50 
 
 60 
 
 
 
 
 
 
 
 8 
 
 
 
 :::: 
 
 50 
 
 <50 
 
 50 
 
 50 
 
 62 
 
 50 
 
 56 
 56 
 
 50 
 
 12 
 ~30" 
 
 
 
 
 
 
 
 8 
 
 
 
 62 
 
 50 
 
 40 
 
 
 
 
 
 8 
 
 4 
 
 35 
 
 Utah 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 45 
 
 
 
 
 50 
 48 
 
 56 
 
 
 
 
 
 50 
 50 
 
 
 
 8 
 
 
 
 44 
 
 
 
 
 
 2 80 
 
 
 
 38 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 
 i 
 
 44 
 44 
 
 45 
 
 50 
 50 
 
 60 
 
 50 
 
 50 
 48 
 
 56 
 
 15 
 
 2 70 
 
 (") 
 
 40 
 
 34 
 '34 
 
 50 
 50 
 
 35 
 
 
 8 
 
 
 
 
 
 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 Not defined, except as noted. 
 
 2 Unslaked. 
 
 3 Commercially dry. 
 
 * Hulled. 
 
 6 Hungarian. 
 
 « Well dried and cleaned, used in masonry. 
 
 7 Barley malt. 
 
 8 German and American. 
 
 • Without hulls. 
 
 10 German, Missouri, and Tennessee. 
 
 » " Seventy pounds for a bushel of coarse salt or lime; 80 pounds for a bushel of unslaked lime." 
 
APPENDIX 
 
 939 
 
 Commodities for wMch bushel weights have been established in more than 
 
 four States — Continued 
 
 
 03 
 
 O 
 
 Onions 
 
 13 
 
 CD 
 CD 
 
 CO 
 CO 
 
 a. 
 
 CO 
 
 a 
 
 
 
 M 
 
 
 
 •a 
 
 CD 
 CD 
 CO 
 CD 
 
 M 
 
 a 
 a 
 
 M 
 
 
 
 CD 
 
 bo 
 
 CO 
 CO 
 
 
 
 'S 
 
 CO 
 
 Peaches 
 
 3 
 
 CD 
 P-. 
 
 Pears 
 
 
 a 
 
 o 
 
 '3 
 o 
 
 CD 
 CO 
 
 a 
 
 
 a 
 
 
 
 a 
 
 
 
 « 
 
 CO 
 CO 
 
 a 
 
 
 •a 
 
 
 Pi 
 O 
 
 E-< 
 
 i 
 ■a 
 
 S3 
 
 CD 
 
 •0 
 
 CD 
 'C 
 
 Q 
 
 CD 
 'cD 
 CD 
 
 3 
 
 •a 
 
 'm 
 
 A 
 
 Q 
 
 CD 
 "cD 
 CD 
 
 O. 
 
 a 
 
 CD 
 'Jh 
 ft 
 
 CO 
 M 
 
 CO 
 CD 
 
 CD 
 P 
 
 
 2 32 
 32 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3 57 
 
 32 
 
 28 
 
 14 
 
 33 
 
 45 
 
 3 50 
 
 
 38 
 
 33 
 
 22 
 
 3 50 
 
 26 
 
 
 
 
 32 
 32 
 
 32 
 32 
 
 57 
 
 
 
 14 
 
 
 
 
 33 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 57 
 52 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 45 
 
 52 
 
 33 
 
 
 
 
 52 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 32 
 
 32 
 32 
 32 
 32 
 
 56 
 
 57 
 
 
 
 
 
 
 * 54 
 
 24 
 
 
 
 22 
 
 »25 
 
 55 
 
 
 
 
 
 
 
 
 38 
 
 33 
 
 
 
 
 
 
 
 
 
 
 
 
 
 57 
 57 
 
 
 
 
 
 50 
 50 
 
 48 
 48 
 
 33 
 33 
 
 
 
 
 
 
 
 32 
 
 30 
 
 14 
 
 33 
 
 
 
 »20 
 
 58 
 
 
 
 
 
 
 
 32 
 
 32 
 
 '32 
 
 32 
 
 32 
 
 32 
 
 52 
 
 55 
 57 
 
 32 
 
 28 
 
 14 
 
 32 
 
 45 
 48 
 
 48 
 48 
 
 33 
 33 
 39 
 
 
 
 22 
 
 45 
 50 
 
 
 
 
 
 
 
 36 
 
 
 14 
 
 
 
 
 24 
 
 
 
 
 
 
 
 
 
 
 
 52 
 
 54 
 
 
 
 14 
 14 
 
 
 45 
 
 48 
 »40 
 
 33 
 
 
 
 «20 
 22 
 
 58 
 
 
 
 
 
 ( 8 ) 
 
 ( 6 ) 
 
 
 
 
 
 
 
 
 
 
 32 
 32 
 
 32 
 
 32 
 32 
 32 
 32 
 
 32 
 
 54 
 52 
 57 
 
 57 
 57 
 57 
 57 
 52 
 
 
 
 14 
 
 14 
 
 33 
 
 50 
 
 42 
 
 48 
 
 28 
 28 
 33 
 
 33 
 
 
 
 
 
 
 
 32 
 
 28 
 
 
 
 22 
 
 24 
 
 45 
 
 
 
 
 
 
 
 
 28 
 
 14 
 
 36 
 
 44 
 50 
 50 
 50 
 45 
 
 48 
 
 
 
 48 
 45 
 45 
 
 
 
 
 
 
 
 
 32 
 
 28 
 
 14 
 
 32 
 
 48 
 48 
 48 
 
 33 
 33 
 
 33 
 
 
 
 22 
 
 
 
 
 
 
 New Hampshire 
 
 
 
 
 
 
 
 » 20 
 
 58 
 
 
 New Jersey.. 
 
 
 
 
 
 
 
 
 
 32 
 32 
 32 
 32 
 
 32 
 32 
 
 57 
 
 57 
 
 3 57 
 
 52 
 
 56 
 57 
 
 32 
 
 30 
 
 14 
 
 
 42 
 
 48 
 
 33 
 33 
 25 
 28 
 
 33 
 33 
 
 
 
 22 
 
 48 
 
 
 
 
 
 
 North Carolina 
 
 32 
 32 
 
 28 
 28 
 
 '«28 
 28 
 
 14 
 14 
 
 33 
 
 50 
 42 
 
 50 
 44 
 
 3 t 50 
 
 48 
 
 48 
 
 
 
 9 22 
 22 
 
 3 56 
 
 45 
 
 26 
 
 
 
 
 
 Ohio. 
 
 
 
 
 Oklahoma 
 
 14 
 
 36 
 
 
 
 22 
 
 |48 
 
 
 Oregon - 
 
 
 
 
 
 32 
 
 32 
 32 
 32 
 32 
 32 
 
 50 
 
 50 
 
 3 56 
 52 
 
 '56 
 57 
 
 1 
 
 1028 
 
 14 
 
 
 50 
 
 50 
 
 50 
 48 
 50 
 
 50 
 
 48 
 
 48 
 3 50 
 
 48 
 3 50 
 
 50 
 
 33 
 
 25 
 33 
 26 
 
 28 
 
 38 
 
 33 
 
 22 
 
 1 50 
 
 
 Rhode Island 
 
 
 South Carolina 
 
 1 32 
 
 1 32 
 
 32 
 
 32 
 
 28 
 30 
 28 
 30 
 
 14 
 14 
 
 14 
 
 14 
 
 33 
 32 
 33 
 
 
 
 23 
 20 
 23 
 
 "20 
 
 i 3 30 
 
 45 
 i 3 56 
 
 58 
 
 26 
 
 South Dakota 
 
 
 
 
 Tennessee 
 
 1 
 
 
 26 
 
 Texas 
 
 
 
 
 Utah.... 
 
 
 
 
 Vermont 
 
 32 
 32 
 
 52 
 
 57 
 
 
 
 
 
 45 
 50 
 
 48 
 
 
 
 
 «20 
 12 22 
 
 58 
 
 
 Virginia 
 
 
 
 14 
 
 
 
 1 40 
 
 32 
 
 
 Washington. 
 
 
 
 
 
 
 
 
 West Virginia 
 
 32 
 
 ! 32 
 
 32 
 
 55 
 50 
 57 
 
 32 
 1032 
 
 28 
 
 14 
 
 33 
 
 42 
 44 
 50 
 
 48 
 48 
 48 
 
 33 
 33 
 
 
 
 23 
 
 50 
 48 
 
 
 Wisconsin 
 
 
 
 
 Wyoming 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 1 
 
 
 
 
 
 1 Not denned, except as noted. 
 
 2 Hulled or unhulled. 
 ' Matured. 
 
 * Green. 
 
 ' Called ground peas in the law. 
 4 Roasted; green, 22 pounds. 
 
 I Shelled. 
 
 » Peaches, peeled; unpeeled, 32 pounds; not stated whether dried or not. 
 
 • Spanish, 30 pounds. 
 
 10 Not stated whether top or bottom onion sets. 
 
 II Roasted; green, Georgia or Virginia, 22 pounds; Spanish, 24 pounds. 
 
 11 Virginia; Spanish, 30 pounds. 
 
940 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Commodities for which bushel weights have been established in more than 
 
 four States — Continued 
 
 
 Peas 
 
 CO 
 
 a 
 
 3 
 
 Potatoes 
 
 S 
 
 i 
 
 cd 
 
 CD 
 CD 
 
 a. 
 
 a 
 A 
 
 8 
 
 E 
 
 CD 
 ft 
 
 P. 
 
 ■w 
 
 •a 
 
 CD 
 
 u"a 
 
 O CD 
 CD 
 ft" 
 O 
 
 •a 
 
 CD 
 
 <p 
 
 ft 
 
 M 
 
 O 
 
 ■0 a 
 
 a 
 3 
 
 A 
 
 8 
 
 s 
 
 to 
 
 CS 
 .O 
 oj 
 
 3 
 
 K 
 
 CD 
 
 56 
 56 
 
 
 
 CO 
 CO 
 CD 
 PL) 
 
 S-i 
 
 o 
 
 0. 
 03 
 
 T3 
 CD 
 
 
 
 s 
 
 "5 
 
 cd 
 
 1 
 B 
 
 R 
 
 M 
 
 
 CO 
 
 *G0 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Alabama 
 
 30 
 
 
 
 64 
 
 60 
 
 56 
 
 3 48 
 
 50 
 
 48 
 
 14 
 
 50 
 
 45 
 
 50 
 
 
 
 
 
 
 
 60 
 
 
 
 
 
 CO 
 
 50 
 
 
 
 
 14 
 
 
 
 
 56 
 
 54 
 
 56 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 • 
 
 
 
 
 60 
 00 
 
 
 
 
 
 
 
 
 
 
 
 *60 
 
 26 
 
 
 
 48 
 
 54 
 
 48 
 
 
 
 
 
 45 
 
 60 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 40 
 
 60 
 
 60 
 
 56 
 55 
 
 48 
 
 
 
 
 
 
 
 56 
 
 56 
 50 
 56 
 56 
 
 
 
 60 
 
 
 
 
 
 
 
 
 43 
 
 .... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 «60 
 *60 
 
 
 
 
 
 60 
 60 
 
 50 
 
 50 
 
 
 
 
 
 
 
 
 
 Illinois 
 
 32 
 
 
 
 
 48 
 
 50 
 
 .... 
 
 14 
 
 
 45 
 
 50 
 
 50 
 
 
 
 
 
 
 
 
 
 
 <60 
 60 
 60 
 
 50 
 30 
 
 
 
 48 
 52 
 
 60 
 
 60 
 60 
 
 50 
 
 8 50 
 
 55 
 
 48 
 48 
 
 50 
 
 .... 
 
 14 
 
 
 
 60 
 50 
 
 56 
 56 
 56 
 32 
 56 
 
 56 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Maine 
 
 60 
 <60 
 
 28 
 
 .... 
 
 56 
 
 
 60 
 
 60 
 
 54 
 60 
 
 48 
 
 50 
 
 40 
 
 14 
 
 '14 
 
 
 44 
 
 60 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 
 «60 
 
 60 
 
 60 
 
 60 
 
 ■' 60 
 
 s GO 
 
 60 
 
 
 
 
 *28 
 
 60 
 60 
 60 
 
 60 
 60 
 60 
 CO 
 60 
 
 56 
 
 55 
 54 
 
 56 
 
 
 
 
 14 
 14 
 
 
 
 
 56 
 56 
 56 
 
 56 
 56 
 56 
 56 
 56 
 
 
 Minnesota 
 
 
 
 56 
 
 
 50 
 
 .... 
 
 50 
 
 .... 
 
 52 
 
 
 Mississippi . 
 
 
 
 
 Missouri 
 
 56 
 
 60 
 
 
 
 
 
 
 14 
 
 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 Nebraska 
 
 50 
 
 
 
 48 
 
 "16" 
 
 50 
 
 54 
 
 48 
 
 50 
 
 .... 
 
 14 
 
 
 
 60 
 
 
 Nevada 
 
 
 
 
 
 
 
 28 
 
 .::: " 
 
 
 48 
 
 
 
 
 
 
 
 50 
 
 New Jersey 
 
 
 
 
 
 
 
 
 
 
 
 New Mexico 
 
 60 
 00 
 
 2fi0 
 
 60 
 
 60 
 60 
 
 
 
 
 
 60 
 60 
 56 
 60 
 
 60 
 60 
 
 50 48 
 
 50 
 
 
 
 
 
 50 
 "52" 
 
 56 
 
 56 
 
 «56 
 
 »56 
 
 56 
 56 
 
 
 New York 
 
 
 
 
 
 54 
 56 
 46 
 
 50 
 
 55 
 
 
 
 
 
 
 45 
 44 
 
 50 
 
 North Carolina- 
 
 30 
 
 
 
 64 
 
 '48 
 
 "50" 
 
 48 
 
 14 
 
 9 50 
 50 
 
 
 North Dakota 
 
 ::::•■" 
 
 
 Ohio 
 
 
 
 
 50 
 
 
 
 
 Oklahoma 
 
 56 
 
 60 
 
 
 
 50 
 
 .... 
 
 14 
 
 
 
 50 
 
 
 
 
 
 
 
 
 Pennsylvania .. 
 
 * 60 
 
 60 
 
 2 00 
 
 * 60 
 2 60 
 
 <60 
 
 28 
 
 "30 
 56 
 30 
 
 32 
 
 
 
 64 
 
 60 
 
 60 
 60 
 CO 
 60 
 
 60 
 
 54 
 
 54 
 50 
 54 
 50 
 
 50 
 
 48 
 
 50 
 
 48 
 
 14 
 
 
 45 
 
 60 
 
 56 
 
 56 
 56 
 5C 
 56 
 
 56 
 
 50 
 
 Rhode Island 
 
 60 
 
 
 50 
 
 South Carolina 
 
 
 64 
 48 
 64 
 
 3 48 
 3 48 
 3 48 
 
 48 
 
 50 
 50 
 
 50 
 
 48 
 "48" 
 
 14 
 14 
 14 
 
 14 
 
 9 50 
 
 44 
 
 60 
 50 
 
 50 
 
 South Dakota 
 
 
 
 
 
 
 
 9 50 
 
 
 
 Texas 
 
 
 
 45 
 
 50 
 
 SO 
 
 Utah... 
 
 
 
 
 
 Vermont 
 
 60 
 
 28 
 
 
 
 48 
 
 60 
 60 
 
 54 
 56 
 
 48 
 
 
 
 14 
 40 
 
 
 
 
 56 
 56 
 
 
 
 
 
 
 
 
 
 
 
 Washington 
 
 
 
 
 
 
 
 
 
 
 
 
 
 West Virginia 
 
 2 60 
 60 
 
 "30 
 
 .... 
 
 56 
 56 
 
 60 
 
 56 
 60 
 60 
 
 50 
 54 
 50 
 
 48 
 
 50 
 50 
 
 48 
 
 14 
 14 
 
 
 
 50 
 56 
 
 56 
 56 
 56 
 
 50 
 
 
 
 45 
 
 50 
 
 Wyoming 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 1 Not defined, except as noted. 
 
 2 Dry. 
 
 3 Matured. 
 * Dried. 
 
 s Shelled, dried peas. 
 
 6 Sweet potatoes, seed, sorted, 1H inches diameter and under 45 pounds. 
 
 7 Red top grass seed (chaff); fancy, 32 pounds. 
 
 8 Smooth peas. 
 
 9 Called pieplant in the law. 
 >° Seed. 
 
 » Not stated whether shelled or unshelled. 
 1! Green, shelled, 50 pounds. 
 
APPENDIX 
 
 941 
 
 Commodities for which bushel weights have been established in more than 
 
 four States — Continued 
 
 
 Salt 
 
 ■a 
 
 § 
 to 
 
 h 
 
 S3 
 CO 
 
 T3 
 
 <o 
 
 CD 
 to 
 
 a 
 
 3 
 
 ex 
 
 O 
 
 m 
 
 ea 
 
 '3 
 D, 
 
 u 
 
 
 
 'CD 
 P. 
 CO 
 
 S3 
 
 
 03 
 
 a 
 0. 
 02 
 
 CD 
 
 (-4 
 CD 
 
 CD 
 O 
 
 l>> 
 
 S3 
 
 
 a 
 
 EH 
 
 
 
 03 
 
 a 
 
 Eh 
 
 'a 
 
 3 
 Eh 
 
 3 
 
 5 
 
 
 
 ■3 
 
 SQ 
 
 <D 
 CO 
 
 t-t 
 03 
 O 
 O 
 
 CO 
 
 © 
 
 CD 
 S3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 
 
 50 
 
 
 
 
 
 50 
 
 40 
 
 
 48 
 
 45 
 
 56 
 
 55 
 
 50 
 
 60 
 
 
 
 
 
 
 
 
 50 
 
 
 1 
 
 
 50 
 
 
 
 
 60 
 
 
 57 
 
 
 60 
 
 
 
 
 
 
 
 
 60 
 
 
 80 
 
 
 | 
 
 
 
 
 
 
 45 
 45 
 
 
 
 
 60 
 
 
 70 
 
 70 | 
 
 20 
 
 
 
 3 12 
 
 
 56 
 
 <50 
 
 
 60 
 
 
 
 
 
 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 60 
 
 
 
 
 
 50 
 
 
 
 
 
 
 54 
 
 55 
 
 
 60 
 
 
 
 
 
 
 
 
 
 45 
 
 
 00 
 
 
 
 
 
 
 
 
 
 
 
 00 
 
 
 80 
 
 
 
 
 
 50 
 50 
 
 
 
 
 45 
 45 
 
 56 
 56 
 
 55 
 55 
 
 50 
 
 60 
 
 
 55 
 
 50 
 
 
 20 
 
 40 
 
 12 
 
 
 60 
 
 
 
 
 
 80 
 80 
 50 
 
 
 
 130 
 
 20 
 
 »50 
 50 
 
 40 
 40 
 
 
 
 45 
 
 45 
 45 
 
 50 
 
 56 
 
 55 
 55 
 60 
 
 «50 
 '50 
 
 00 
 
 
 
 
 14 
 
 
 60 
 
 Kentucky r 
 
 
 55 
 
 
 
 60 
 
 Louisiana . . 
 
 
 
 
 
 
 
 60 
 
 Maine-- .- 
 
 
 8 70 
 70 
 
 HO 
 56 
 
 
 
 50 
 
 50 
 
 
 12 
 
 40 
 
 45 
 
 45 
 
 56 
 60 
 
 * 50 
 60 
 
 
 60 
 
 Maryland- 
 
 
 
 
 60 
 
 Massachusetts 
 
 
 
 
 
 
 
 
 Michigan •_ 
 
 10 56 
 
 
 
 
 
 
 
 
 
 45 
 45 
 
 45 
 
 45 
 45 
 45 
 45 
 45 
 
 50 
 
 45 
 
 56 
 56 
 
 56 
 
 58 
 55 
 55 
 
 "42 
 50 
 55 
 56 
 
 55 
 
 50 
 6 50 
 
 60 
 
 Minnesota.. - 
 
 
 
 
 
 57 
 42 
 
 42 
 
 40 
 
 
 
 fin 
 
 Mississippi 
 
 50 
 
 50 
 50 
 80 
 80 
 
 
 
 
 
 
 
 fiO 
 
 Missouri 
 
 
 
 
 
 
 
 
 60 
 
 Montana 
 
 
 
 
 
 
 
 
 60 
 
 Nebraska . 
 
 
 
 130 
 
 20 
 
 50 
 50 
 
 48 
 
 
 
 (50 
 
 Nevada 
 
 
 
 
 
 60 
 
 New Hampshire 
 
 70 
 
 50 
 
 
 20 
 
 
 12 
 
 
 60 
 
 
 
 
 
 
 New Mexico .. 
 
 
 
 
 130 
 
 20 
 
 50 
 
 
 
 
 45 
 45 
 45 
 45 
 
 45 
 45 
 
 50 
 
 56 
 
 
 60 
 
 New York 
 
 
 70 
 
 50 
 
 
 
 
 00 
 
 
 50 
 
 80 
 
 50 
 
 57 
 
 50 
 50 
 
 40 
 
 10 
 
 48 
 
 56 
 50 
 
 56 
 
 45 
 
 50 
 60 
 
 60 
 1142 
 
 «50 
 50 
 
 "50 
 
 CO 
 
 
 
 
 
 
 60 
 
 Ohio 
 
 
 
 
 
 
 
 00 
 
 Oklahoma 
 
 80 
 
 
 
 
 
 
 
 
 00 
 
 Oregon _. _. 
 
 
 
 
 
 
 
 
 
 Pennsylvania 
 
 
 85 
 70 
 
 "62 
 50 
 
 100 
 
 20 
 20 
 
 50 
 
 40 
 
 12 
 
 48 
 
 45 
 
 45 
 
 45 
 45 
 45 
 
 45 
 
 56 
 
 56 
 56 
 50 
 56 
 
 56 
 
 56 
 
 50 
 50 
 55 
 50 
 
 55 
 
 "50 
 
 50 
 
 V50 
 
 50 
 
 50 
 
 00 
 
 
 
 60 
 
 South Carolina _. 
 
 50 
 
 50 
 50 
 50 
 
 50 
 
 45 
 
 12 
 
 48 
 
 60 
 
 South Dakota 
 
 80 
 
 
 130 
 
 
 60 
 
 
 50 
 
 30 
 
 12 
 
 48 
 
 60 
 
 Texas 
 
 55 
 
 50 
 
 
 20 
 
 60 
 
 Utah... 
 
 
 
 Vermont _ 
 
 
 70 
 
 56 
 
 
 
 
 40 
 
 12 
 
 
 45 
 45 
 
 56 
 60 
 
 60 
 55 
 
 
 60 
 
 
 50 
 
 
 
 
 60 
 
 
 
 
 
 
 
 
 
 
 
 West Virginia 
 
 
 70 
 70 
 
 50 
 50 
 
 130 
 
 20 
 20 
 
 67 
 
 40 
 
 15 
 
 48 
 
 45 
 45 
 
 56 
 56 
 56 
 
 55 
 42 
 55 
 
 50 
 
 60 
 
 
 
 60 
 
 Wyoming 
 
 
 
 45 
 
 
 
 60 
 
 
 
 
 
 
 
 
 
 
 
 
 1 Not defined, except as noted. 
 
 2 See also "Emmer." Spring emmer has frequently been erroneously called spoltz, this name being 
 a misspelling of spelt, which is a distinct crop. The differences between spelt and emmer arc pointed out 
 in U. S. Dept. Agr. Farmers' Bulletin 466. 
 
 3 Commercially dry. 
 
 * English in Connecticut; common English in Maine. 
 8 Sorghum saccharatum seed. 
 
 « Hulled. 
 
 ' Black. 
 
 8 Turk's Island salt or other grades of coarse salt. 
 
 • Liverpool salt or othor grades of fine salt. 
 10 Michigan salt. 
 
 " Common. 
 » Domestic. 
 ''Ground. 
 
942 
 
 LAWS CONCERNING WEIGHTS AND MEASURES 
 
 Bushel weights (found, in the preceding pages), tcith corresponding propor- 
 tional weights for various subdivisions of the bushel 
 
 Bushel weight in pounds 
 
 One-half 
 bushel 
 
 One peck 
 
 One-half 
 peck 
 
 One-quarter 
 pock 
 
 One quart 
 
 
 Lbs. 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 
 Lbs. 
 
 Ozs. 
 
 4 
 
 2 
 4 
 5 
 5 
 6 
 
 . 7 
 7 
 9 
 10 
 11 
 
 U 
 12 
 12 
 13 
 14 
 
 15 
 16 
 16 
 16 
 17 
 
 17 
 18 
 19 
 19 
 20 
 
 21 
 21 
 22 
 22 
 23 
 
 23 
 24 
 25 
 26 
 27 
 
 27 
 28 
 28 
 29 
 30 
 
 31 
 32 
 34 
 35 
 
 36 
 37 
 37 
 38 
 
 40 
 42 
 50 
 65 
 
 
 
 
 8 
 
 
 
 8 
 
 
 
 
 8 
 
 8 
 
 
 
 
 
 8 
 
 10.7 
 
 
 8 
 
 
 8 
 
 
 
 8 
 
 8 
 
 
 8 
 
 
 
 
 
 8 
 
 8 
 
 
 
 
 
 
 
 
 
 
 8 
 
 
 
 8 
 
 
 
 1 
 2 
 2 
 2 
 3 
 
 3 
 3 
 
 4 
 5 
 5 
 
 5 
 6 
 6 
 6 
 
 7 
 
 7 
 8 
 8 
 8 
 8 
 
 8 
 9 
 9 
 9 
 10 
 
 10 
 10 
 11 
 11 
 11 
 
 11 
 12 
 12 
 13 
 13 
 
 13 
 14 
 14 
 14 
 15 
 
 15 
 16 
 17 
 17 
 
 18 
 18 
 18 
 19 
 
 20 
 21 
 25 
 32 
 
 
 
 8 
 12 
 D 
 
 8 
 12 
 8 
 
 8 
 
 12 
 
 4 
 8 
 
 
 8 
 
 
 
 4 
 
 5.3 
 
 8 
 
 12 
 
 
 
 8 
 12 
 
 
 
 8 
 12 
 
 4 
 8 
 
 12 
 
 8 
 
 
 8 
 
 12 
 
 4 
 8 
 
 
 8 
 
 
 8 
 
 
 8 
 12 
 
 
 
 4 
 
 8 
 
 
 1 
 1 
 1 
 1 
 
 1 
 1 
 2 
 2 
 2 
 
 2 
 3 
 3 
 3 
 3 
 
 3 
 4 
 4 
 4 
 4 
 
 4 
 4 
 4 
 4 
 5 
 
 5 
 5 
 5 
 5 
 5 
 
 5 
 6 
 6 
 6 
 6 
 
 6 
 7 
 7 
 7 
 
 7 
 
 7 
 8 
 8 
 8 
 
 9 
 9 
 9 
 9 
 
 10 
 10 
 12 
 16 
 
 8 
 
 4 
 
 8 
 
 12 
 14 
 
 4 
 
 8 
 12 
 
 14 
 
 2 
 4 
 8 
 
 12 
 
 2 
 
 2.7 
 4 
 
 6 
 
 8 
 12 
 14 
 
 
 
 4 
 
 6 
 
 8 
 10 
 12 
 
 14 
 
 
 
 4 
 
 8 
 12 
 
 14 
 
 2 
 4 
 8 
 
 12 
 
 
 8 
 12 
 
 
 
 4 
 6 
 8 
 
 
 10 
 8 
 4 
 
 
 
 
 
 
 
 
 
 
 1 
 2 
 2 
 2 
 2 
 
 2 
 2 
 2 
 2 
 2 
 
 2 
 2 
 2 
 2 
 2 
 
 2 
 3 
 3 
 3 
 3 
 
 3 
 3 
 3 
 3 
 3 
 
 3 
 
 4 
 4 
 4 
 
 4 
 4 
 4 
 4 
 
 5 
 5 
 6 
 8 
 
 7 
 
 8 
 10 
 11 
 12 
 
 14 
 15 
 
 2 
 
 4 
 
 6 
 
 7 
 
 8 
 
 9 
 10 
 12 
 
 14 
 
 1 
 
 1.3 
 2 
 
 3 
 
 4 
 6 
 
 7 
 8 
 
 10 
 11 
 12 
 13 
 14 
 
 15 
 
 2 
 4 
 6 
 
 7 
 
 8 
 
 9 
 10 
 12 
 
 14 
 
 4 
 6 
 
 8 
 10 
 11 
 12 
 
 
 
 5 
 4 
 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 2 
 2 
 2 
 
 2 
 2 
 2 
 2 
 
 2 
 2 
 3 
 4 
 
 2 
 
 8 
 
 4 
 
 10.. - 
 
 
 11 
 
 5.5 
 
 12 
 
 C 
 
 14.. 
 
 7 
 
 15... 
 
 7.5 
 
 18. .. 
 
 9 
 
 20. 
 
 10 
 
 22 
 
 11 
 
 2ii 
 
 11.5 
 
 24... 
 
 12 
 
 25. 
 
 12.5 
 
 26... 
 
 13 
 
 28 
 
 14 
 
 30 
 
 15 
 
 32 
 
 
 
 33.. ... 
 
 0.5 
 
 33M— 
 
 0.7 
 
 34... . 
 
 1 
 
 35... 
 
 1.5 
 
 36.. 
 
 2 
 
 38 
 
 3 
 
 39. 
 
 3.5 
 
 40 
 
 4 
 
 42 
 
 5 
 
 43... 
 
 5.5 
 
 44 
 
 6 
 
 45 
 
 6.5 
 
 46 . 
 
 7 
 
 47 
 
 7.5 
 
 48.. 
 
 8 
 
 50 
 
 9 
 
 52 
 
 10 
 
 54 
 
 11 
 
 55 
 
 11.5 
 
 56 
 
 12 
 
 57 
 
 12.5 
 
 58 
 
 13 
 
 60 
 
 14 
 
 62 
 
 15 
 
 64 
 
 
 
 68 
 
 2 
 
 70 
 
 3 
 
 72 
 
 4 
 
 74 
 
 5 
 
 75 
 
 5.5 
 
 76... 
 
 6 
 
 80 
 
 8 
 
 85.... 
 
 10.5 
 
 100 
 
 2 
 
 130 
 
 1 
 
 
 
INDEX 
 
 Accounts: 
 
 based upon false weights and measures 262 
 
 recovery of value of goods sold 179,354 
 
 unsealed weights and measures, effect 
 
 upon 533 
 
 Acre. See Units of weights and measures. 
 
 Acre-foot. See Water. 
 
 Agricultural colleges, standards furnished to. 7 
 
 replacing lost 7 
 
 Alabama, laws of 47 
 
 Alaska, laws of 60 
 
 Ale, standard measure for. 70 
 
 Ale, porter, and beer, barrel for and subdivis- 
 ions.. 901 
 
 tolerance on, to be prescribed 902 
 
 Alewives, barrel for 333 
 
 Alfalfa seed, weight per bushel 934 
 
 Ampere. See Electricity, units of. 
 
 Anthony, Daniel, work on gauging 720 
 
 Anthracite coal. See also Coal. 
 
 weight per bushel 936 
 
 Apothecaries weights and measures, test- 
 ing 358,457 
 
 See also Units of weight and measure. 
 
 Appendix - 931 
 
 Apple seed, weight per bushel 934 
 
 Apples. See also Barrel for fruits and vege- 
 tables, 
 barrel for — 
 
 capacity - 19, 
 
 47, 147, 291, 331, 364, 516, 731, 751, 780, 837, 902 
 
 dimensions 19,147,291, 
 
 331, 339, 342, 363, 438, 516, 604, 751 ,837, 849, 902 
 
 double head, dimensions. 339 
 
 how marked 19,332,364,517,604,837 
 
 number of pounds to 849 
 
 of less capacity, how marked 339,849 
 
 of other form than standard may be used. 19, 
 147, 291, 364, 751, 837, 902 
 
 basket for capacity 156,902 
 
 of other size to be marked 156 
 
 box for, capacity 79, 
 
 122, 147, 168, 196, 270, 331, 384, 464, 516, 837, 902 
 
 dimensions. 79, 122, 147, 
 
 168, 237, 270, 331, 364, 464, 516, 557, 649, 837, 868 
 
 how marked 332,464,837 
 
 short box, how marked 464 
 
 special, dimensions 649 
 
 tolerance on count 464 
 
 unlawful to manufacture or use other 271 
 
 weight or number to be marked... 203,464,869 
 
 crate, capacity 902 
 
 package, to be marked with count or size.. 675 
 
 with net weight or number 203 
 
 weight per bushel... 934 
 
 dried 934 
 
 517—27 60 
 
 Appliances and accessories: Page 
 
 may be inspected and tested 50 
 
 63, 65, 102, 103, 136, 137, 149, 162, 232, 300, 357, 
 393, 411, 453, 500, 610, 613, 670, 733, 776, 795, 
 831, 863, 883, 891, 896, 897, 926. 
 
 giving false indications 81,455 
 
 regulations concerning may be made 475, 896 
 
 See also Type of apparatus; and Weights 
 and measures and weighing and meas- 
 uring devices. 
 
 Apricots, basket, dimensions 118 
 
 standard packages for 117 
 
 Are. See Metric system. 
 
 Arizona, laws of..- 61 
 
 Arkansas, laws of 78 
 
 Ashes, bushel, quantity allowed for 834 
 
 pot and pearl, barrel for. 619 
 
 standard measure for, form and dimensions. 461 
 
 how heaped 461 
 
 Assay Commissioners, appointment and 
 
 meeting of 39 
 
 Assay office, altering weights at 42 
 
 standard weights for, to be procured 40 
 
 Avacados, standard packages for 117 
 
 dimensions _. 118 
 
 Avoirdupois weight or measure. See Units 
 
 of weight and measure. 
 Awnings, unlawful ro conceal size 222 
 
 B 
 
 Babeock or other test for milk and cream 58, 
 
 75, 131, 146, 160, 202, 226, 252, 263, 291, 311, 
 
 328, 387, 406, 425, 434, 446, 467, 492, 507, 519, 
 600, 621, 657, 689, 771, 787, 827, 858, 877, 915. 
 
 apparatus may be tested 388, 521, 837, 859, 917 
 
 may be destroyed, when 789 
 
 glassware, specifications for 76, 
 
 226, 253, 292, 406, 492, 600, 637, 658, 689, 915 
 standard.. 132, 160, 264, 291, 311, 
 
 329, 425, 492, 508, 637, 657, 788, 827, 877, 916 
 testing 252, 
 
 387, 468, 492, 508, 520, 636, 788, 836, 858 
 payment for milk or cream, evidence that 
 
 test was made 202 
 
 scales for 435, 638, 659, 788, 878 
 
 speed or method of operating 467,660,877 
 
 test to be evidence 789 
 
 unlawful use or manipulation of 58, 
 
 76, 131, 160, 202, 228, 252, 264, 291, 408, 435, 
 446, 507, 657, 771, 788, 827, 836, 860, 878, 879, 
 917. 
 
 Badges, sealer to be provided with 531,843,899 
 
 to exhibit, when 843 
 
 Bag or sack of or for. See also Barrel; and 
 specific article. 
 
 beans, exact weight to be marked 173 
 
 bran, number of pounds to 269,302,798 
 
 943 
 
944 
 
 INDEX 
 
 Bag or sack of or for— Continued. Page 
 
 charcoal 369, 573 
 
 chops, number of pounds to 302 
 
 coal 324,369,496,573,717,866 
 
 coke 324,369,573,717 
 
 corn, weight fixed.- 64 
 
 cornmeal, gross weight fixed 184,628,785 
 
 how packed for exportation 158 
 
 may be seized, when 629 
 
 tolerances.. 184 
 
 weight 53, 184, 195, 216, 
 
 269, 288, 477, 495, 585, 628, 732, 781, 785, 851 
 weight to be marked... 184, 288, 586, 628, 785, 851 
 
 cottonseed hulls, weight fixed 54 
 
 weight to be marked '. 185 
 
 cottonseed meal, weight fixed 269 
 
 weight to be marked. _ 84, 269, 431, 590 
 
 feed, gross weight fixed _ 628 
 
 made from cereals, weight fixed 269 
 
 feeding stuffs, weight of, fixed 56, 83, 188, 
 
 255, 269, 290, 590, 747, 765, 787, 815, 860 
 
 to be marked 56, 
 
 83, 123, 145, 159, 177, 188, 226, 254, 269, 
 278, 290, 310, 330, 344, 368, 406, 426, 431, 
 447, 488, 523, 552, 577, 590, 600, 623, 634, 
 656, 694, 709, 728, 747, 765, 785, 787, 815, 
 825, 838, 860, 871, 892, 917, 928. 
 
 fertilizer, weight of, fixed 311,738,815 
 
 to be marked 56, 
 
 81, 145, 178, 187, 226, 311, 331, 344, 372, 
 405, 426, 489, 524, 551, 577, 589, 600, 623, 
 634, 656, 694, 728, 738, 787, 815, 838, 857, 
 871, 892, 917. 
 flour — 
 
 tolerance on 73,184,785 
 
 weight of 185, 
 
 195, 216, 259, 269, 302, 305, 398, 414, 429, 438, 
 495, 586, 595, 628, 648, 649, 744, 751, 785, 798 
 851, 890. 
 
 weight to be marked 73, 81, 
 
 158, 173, 183, 185, 269, 305, 398, 431, 438, 441, 
 477, 586, 617, 628, 785, 844, 851. 
 
 rye, graham, weight.. 477 
 
 whole wheat, weight 477 
 
 grits, capacity of 732 
 
 weight fixed _. 184, 288, 785, 851 
 
 to be marked 184,288,785,851 
 
 grain, weight, fixed __ 54 
 
 maybe deducted, when 203,649 
 
 to be marked 54, 81, 173, 305 
 
 hops, deduction for weight of 650 
 
 lime, agricultural, weight 799 
 
 to be marked 159, 331, 344, 551, 623, 644, 858 
 
 hydrated, weight. __ 799 
 
 meat meal, weight 269 
 
 oil, meal, weight 269 
 
 oysters, capacity 307 
 
 peanuts, weight to be marked 173 
 
 potatoes, weight 649, 866 
 
 to be marked 173, 866 
 
 rice bran, weight... 799, 815 
 
 rice polish, weight. 799 
 
 shorts, weight... 269, 799 
 
 tankage, weight 269 
 
 wood, kindling... 369, 573 
 
 Bagging and ties: p a ge 
 
 deduction for, or weight of 54, 
 
 84, 182, 185, 519, 650, 739, 740, 787 
 
 number yards to bale 84 
 
 prohibited, when ._. 185 
 
 for hops, weight of bailing cloth 671, 650, 869 
 
 Bale of: 
 
 cotton, weight, minimum 740 
 
 to be marked. _ 562, 632 
 
 flour, weight of 649 
 
 hay- 
 shrinkage 572 
 
 tare 572, 688, 725 
 
 weight to be marked. 72, 252, 260, 269, 572, 688, 725 
 
 hemp, weight to be marked 855 
 
 hops, how marked _ 571 
 
 tare... __ 571, 650, 869 
 
 weight of.. _ 571, 869 
 
 straw — 
 
 how marked 572 
 
 tare 725 
 
 tolerance on 72, 572 
 
 weight to be marked 260,269,688 
 
 Ball. See Textiles. 
 
 Bananas, hampers for, use permitted 247 
 
 Banks, tender by, not legal when 844 
 
 test of weights, when 844 
 
 Bark, certificate of quantity to be furnished. 375, 518 
 
 cord, dimensions 322,692,834,844 
 
 how measured or stowed 603,692,834 
 
 number cubic feet to 322, 603, 692, 844 
 
 number pounds to 179, 685, 899 
 
 fees for measuring.. 518 
 
 measurement before sale or delivery. _ 322 
 
 ton of, number pounds to 685 
 
 Barley, weight per bushel 934 
 
 Barrel of or for: 
 
 apples, capacity 19, 
 
 47, 147, 291, 331, 363, 516, 731, 751, 780, 837, 902 
 
 dimensions 19, 
 
 147, 291, 331, 339, 342, 363, 438, 516, 604, 751, 
 837, 849, 902. 
 how marked or branded. 19, 332, 364, 517, 604, 837 
 
 number of pounds to 849 
 
 of less capacity, how marked 339, 849 
 
 other form than standard may be used... 19, 
 147, 291, 364, 751, 837, 902 
 
 ale, porter, or beer, number of gallons to 901 
 
 tolerance on 902 
 
 ashes, pot and pearl 619 
 
 beans, capacity 47,338,731,780 
 
 dimensions 339 
 
 of less capacity than standard, how 
 
 marked . 339 
 
 beef or pork, half barrel 618 
 
 how made 309, 618, 854 
 
 how marked 309 
 
 number of gallons to 745 
 
 number of pounds to 248, 
 
 251, 302, 309, 579, 618, 721, 731, 745, 780, 854 
 
 packing less than lawful weight 249, 431 
 
 beets 339 
 
 bread 854 
 
 breadstuffs 158 
 
 broccoli 339 
 
INDEX 
 
 945 
 
 Barrel of or for— Continued. Page 
 
 butter or lard 784 
 
 cabbage . 339 
 
 carrots 339 
 
 cement, net weight to be marked 852 
 
 charcoal, capacity .' 430 
 
 cisterns, measurement of 79 
 
 clams, capacity.. -. 176 
 
 clambait . . . 333,362 
 
 coal 303,430 
 
 corn 48,339,731,780 
 
 cornmeal, dimensions . -. 158 
 
 subdivisions of... 53, 158, 184, 269, 784 
 
 tolerance on 184 
 
 weight of 53,158,184,269,784 
 
 weight to be marked 53, 158, 184, 431, 784 
 
 cottpnseed meal 84,431 
 
 cranberries, dimensions 20, 
 
 167, 214, 364, 403, 525, 648, 847, 902 
 
 of less capacity than standard 403 
 
 rules and regulations for _ 21 
 
 subdivisions 21, 167, 214, 403, 648 
 
 tolerances on 22-26,404 
 
 feeding stuffs, net weight to be marked. . 177, 431 
 
 fish, capacity 145,333,729,854 
 
 dimensions 333 
 
 half barrel 145, 579, 618, 729 
 
 how made 145,618,729,854 
 
 mackerel, number offish 729 
 
 manure, number of gallons 728 
 
 menhaden or herring 729 
 
 pickled, number of pounds to 729 
 
 half barrel 729 
 
 shad, half barrel 144 
 
 number offish to _ 144 
 
 weight _ 144 
 
 weight of 144, 332, 618, 729, 731, 780 
 
 flour, containing 200 pounds 798 
 
 dimensions 172,617,784,854 
 
 forfeiture for short weight 431,629 
 
 how made 784,854 
 
 number of gallons to 751 
 
 rye, subdivisions 269 
 
 weight of 158,269 
 
 to be marked _ 158 
 
 subdivisions, weight of 158, 
 
 172, 184, 195, 216, 259, 269, 302, 305, 398, 414, 
 429, 438, 477, 495, 586, 595, 628, 648, 649, 744, 
 751, 784, 798, 854, 890. 
 
 weight to be marked _ 73, 
 
 81, 158, 173, 183, 184, 269, 305, 398, 431, 438, 
 441, 586, 617, 628, 784, 844, 851. 
 
 tare to be marked 617 
 
 tolerance on : 73,184,785 
 
 weight of.. _ 48, 
 
 142, 158, 172, 184, 195, 216, 248, 251, 259, 269, 
 302, 305, 319, 339, 366, 398, 414, 429, 438, 477, 
 495, 586, 595, 617, 628, 648, 715, 731, 744, 751, 
 780, 784, 798, 844, 854, 890, 902. 
 
 to be marked 73, 81, 158, 173, 184, 305, 
 
 398, 431, 438, 441, 586, 617, 628, 784, 844 
 fruits, vegetables, or other dry commodities, 
 
 capacity 20, 
 
 156, 167, 214, 270, 403, 751, 847, 888, 890, 902 
 
 dimensions 20, 
 
 167, 214, 339, 403, 004, 751, 847, 888, 890, 902 
 
 of less capacity prohibited 403 
 
 other form than standard may be used.. 20, 
 167, 214, 403, 751, 847, 888, 902 
 
 Barrel of or for— Continued. Page 
 
 fruits, vegetables, etc. — continued. 
 
 other size than standard 156, 339 
 
 rules and regulations for standard barrel, 
 
 for cranberries 21 
 
 for fruits and vegetable 21 
 
 subdivisions 21,167,214,403 
 
 tolerances on 22,404 
 
 gasoline, number gallons to 601 
 
 grits, subdivision _ 184,398 
 
 tolerance _.. 184 
 
 weights of 184,398,785 
 
 weight to be marked 184,398 
 
 herring 333 
 
 kale 339 
 
 lime, fractional parts 26, 576, 852 
 
 how marked 26,576,852 
 
 number pounds to 26, 
 
 372, 4a3, 576, 751, 799, 852, 890, 902 
 
 rules and regulations 27 
 
 tolerance on .__ __ 29,30 
 
 liquids, capacity 48, 
 
 79, 110, 141, 215, 257, 337, 365, 413, 461, 495^ 
 556, 579, 594, 604, 684, 732, 751, 780, 798, 901 
 
 number to hogshead. no, 
 
 141, 215, 257, 337, 365, 413, 461, 495, 566, 594, 
 604, 684, 751, 798, 901. 
 
 liquor, fermented 43 
 
 malt, beverages __ _ 355 
 
 fermented _ 413 
 
 meal, dimensions.. _ 617,854 
 
 forfeiture for short weight 431 
 
 how made 854 
 
 subdivisions _ 305,398,854 
 
 tare to be marked __ __ 617 
 
 weight of.. _ 305,398,429,617,854 
 
 to be marked 173,305,617 
 
 melon, cantaloupe _ 732,780 
 
 middlings 158 
 
 nails or brads _ __ _.. 372 
 
 oil, flaxseed, linseed, or lard.. 618 
 
 oils and motor fuels 445 
 
 oils, petroleum products, capacity 601,763 
 
 net contents in gallons to be marked 764 
 
 onions, dimensions 339, 604 
 
 how marked _ _. 604 
 
 of less capacity than standard, how 
 
 marked _ _ 339 
 
 oranges, may be used for shipping 174 
 
 oysters, capacity 57,176,433,814 
 
 Parsnips 339 
 
 pears, capacity 751,902 
 
 dimensions _ 339,751,902 
 
 how marked 339 
 
 of less capacity than standard, how 
 
 marked 339 
 
 other form than standard may be used. 751, 902 
 
 peas, green, capacity 338,732,780 
 
 dimensions 339 
 
 of less capacity than standard, how 
 
 marked 339 
 
 Pitch.. _ ___ 854 
 
 potatoes, capacity 732,751,780,902 
 
 dimensions 339,604,751,902 
 
 how marked 6Q4 
 
 of less capacity than standard, how 
 
 marked 339 
 
 other form may be used 751,902 
 
946 
 
 INDEX 
 
 Barrel of or for— Continued. Page 
 
 potatoes— Continued. 
 
 sweet, capacity 732,780 
 
 dimensions.- 339 
 
 of less capacity than standard, how 
 
 marked 339 
 
 weight 319 
 
 weight 142,288,319 
 
 to be marked 173 
 
 produce or farm products, capacity.. 156,888,890 
 
 dimensions 604,888,890 
 
 how marked 604 
 
 of other form may be used. - 888 
 
 other size, how marked 156,339 
 
 proof spirits 43 
 
 quinces 339 
 
 rice, tare on 183 
 
 weight and tare to be marked 487 
 
 rosin 180 
 
 salt, forfeiture for shortage 785 
 
 how made 618,855 
 
 net weight of 691 
 
 tare weight 251,619,856 
 
 time allowance before weighing 856 
 
 weight to be marked 251, 618, 856 
 
 shrimp 302 
 
 spinach 339 
 
 sugar, forfeiture for shortage 785 
 
 weight to be marked 487 
 
 tar 745,854 
 
 tobacco 487 
 
 turnips, capacity 732,780 
 
 dimensions 339 
 
 of less capacity, how marked 339 
 
 turpentine, dimension of staves 180 
 
 number of gallons to 180,854 
 
 weight of... 745 
 
 to be marked. 745 
 
 Baskets. See also Berries and small fruits; 
 Fruits and vegetables; and Produce and 
 farm products, 
 climax for grapes and other fruits and vege- 
 tables, capacities and dimensions. 30, 
 
 167, 244, 259, 270, 402, 541, 606 
 
 dealer not liable for correctness, when 403 
 
 how filled 608 
 
 how marked... 259, 541 
 
 not conforming to provisions 542 
 
 other capacity prohibited 608 
 
 rules and regulations, concerning 32 
 
 may be established.. 271, 542 
 
 test of 542 
 
 tolerances 32,609 
 
 false bottom, prohibited 114,735 
 
 for apples, capacity 156,902 
 
 other size to be marked.. 156 
 
 for apricots, dimensions 118 
 
 for beans, shelled, capacity 168 
 
 for cabbage, capacity 156 
 
 other size to be marked 156 
 
 for charcoal, capacity 323,369,870 
 
 dimensions 323,724,870 
 
 how filled 369,573,724 
 
 how marked 369,573 
 
 may be seized, when ._ 323 
 
 sealing of 323, 724 
 
 Baskets— Continued. Pane 
 
 for coal, capacity 673 
 
 how marked 309,573,717 
 
 minimum weight 717 
 
 for coke, capacity... 369,573 
 
 how filled 369,573 
 
 how marked 369, 573, 717 
 
 minimum weight 717 
 
 for cherries, capacity 168,514 
 
 may be seized 514 
 
 not required to be sealed 614 
 
 number of cubic inches to 168 
 
 for currants, capacity 614 
 
 may be seized 514 
 
 not required to be sealed 614 
 
 for fruits and vegetables, capacity... 156, 
 
 168, 241, 337, 338, 626, 538, 608, 805, 902 
 
 dimensions 168,241,242,608 
 
 how filled 246,338,397,608 
 
 how marked 156, 527, 540 
 
 less capacity, how marked 339 
 
 may be seized and destroyed when 246 
 
 may be shipped to other State or country 
 
 when... 247 
 
 number cubic inches to.. 168, 
 
 241,242,337,338,608,805 
 
 number of pounds to be marked 397 
 
 other form permitted 609 
 
 other size prohibited... 246,608 
 
 tolerance on may be fixed 245, 609 
 
 use prohibited as dry measure 169 
 
 for grapes, capacity.. 404 
 
 dimensions.. 118 
 
 how marked... 404 
 
 number of pounds to be marked 397 
 
 for oysters, capacity 302,307 
 
 for peaches, capacity 156,397 
 
 how filled 397 
 
 number of cubic inches to 397 
 
 number of pounds to be marked 397 
 
 other size to be marked 156 
 
 for pears, capacity 338,902 
 
 half-basket, capacity .. 338 
 
 of less capacity, how marked 339 
 
 for peas, shelled, capacity 168 
 
 number of cubic inches to 168 
 
 for plums, dimensions... 118 
 
 number of pounds to be marked 397 
 
 for shrimp, number of pounds to 306 
 
 for tomatoes, capacity 156,338 
 
 dimensions- 174 
 
 not applicable to local shipments 175 
 
 other size prohibited 174 
 
 for wood, capacity . 369, 516 
 
 dimensions 725 
 
 how filled— 369, 516, 725 
 
 how marked . 369 
 
 may be seized, when 725 
 
 number to cord 725 
 
 Beans, bags, weight to be marked. L 173 
 
 barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 box or basket, for shelled, capacity 168 
 
 number of cubic inches to 168 
 
 green, barrel for, dimensions and capacity.. 338 
 
 of less capacity, how marked... 339 
 
 in pods, number bushels to barrel.. 47, 731, 780 
 
INDEX 
 
 947 
 
 Page 
 Beans — Continued. 
 
 hamper for, capacities... 806 
 
 weight when packed 806 
 
 weight per bushel of 934 
 
 castor 934 
 
 green, string. 933 
 
 weight per bushel of green, unshelled 934 
 
 lima 934 
 
 lima in pod 933 
 
 scarlet or white runner pole 934 
 
 shell 934 
 
 soy 934 
 
 velvet 934 
 
 shelled 933 
 
 wax 934 
 
 Windsor 934 
 
 Bedding, how marked 651 
 
 mattress, size and weight to be stated 124 
 
 may be condemned, when 653 
 
 Beef or pork. See also Meat. 
 
 barrel, dimensions .. 309 
 
 forfeiture 431 
 
 how made 309,618,854 
 
 how marked 309 
 
 number gallons to 745 
 
 number pounds to 248, 
 
 251, 302, 309, 579, 618, 721, 731, 745, 780, 854 
 
 packing less than lawful weight 249, 431 
 
 weighers of may be appointed. 365 
 
 Beer, barrel for and subdivisions, number 
 
 gallons to 901 
 
 tolerance on to be prescribed 902 
 
 standard measure for, number cubic inches 
 
 to 70 
 
 Beet greens, weight per bushel 934 
 
 Beets, fresh. See also Fruits and vegetables. 
 
 sale by bunch 169,362 
 
 standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 weight per bushel 934 
 
 Beggarweed seed, weight per bushel 933 
 
 Berries and small fruits. Sec also Fruits and 
 vegetables. 
 
 box or basket for, capacity 31, 
 
 118, 127, 156, 168, 196, 214, 235, 236, 244, 259, 
 270, 319, 338, 363, 402, 428, 478, 496, 514, 526, 
 539, 557, 606, 646, 752, 823, 847, 866, 902. 
 
 dimensions 118,402 
 
 how filled - 127, 
 
 196, 214, 237, 246, 363, 539, 608, 752, 823, 847 
 
 how sold - 127,196,214,235,236, 258, 271, 
 
 319, 337, 363, 538, 557, 646, 723, 752, 823, 866, 903 
 
 may be seized, when 246,319,363,514,902 
 
 other size containers, permitted, when... 127, 
 
 156,196,496,557,866 
 
 prohibited... 246, 271, 338, 478, 608, 646, 848, 902 
 
 refilling, prohibited 428,823 
 
 rules and regulations 32 
 
 tolerances on 32 
 
 to be prescribed 31, 
 
 245,271,609 
 
 weightof contents 823 
 
 crate or box for holding pint or quart boxes. 805 
 
 sale, by liquid measure 271,557 
 
 by weight, when. . 235, 236, 538, 646, 823, 866, 903 
 minimum weight per quart orpint, fixed. 823 
 transferring from one box to another, pro- 
 hibited 823 
 
 weight per bushel 933-941 
 
 Page 
 
 Bill of lading, Federal act 36 
 
 responsibility, when goods loaded by 
 
 carrier 36 
 
 when loaded by shipper 35 
 
 shipper's weight, load or count, effect of.. 35 
 
 Biscuits, casks for, how made 619 
 
 weight to be marked 619 
 
 Blackberries See aZso Beiries and small fruits. 
 
 dried, weight per bushel 933 
 
 weight per bushel 935 
 
 Black medic, weight per bushel 933 
 
 Blueberries . See also Berries and small fruits. 
 
 weight per bushel 933 
 
 Bluegrass seed, weight per bushel 935 
 
 Board measure; required for timber 746 
 
 See also Logs; and Lumber. 
 
 Boats or barges, method of gauging 302 
 
 Boilers, range: 
 
 capacity to be marked 377,645 
 
 tolerance on 377 
 
 Bottles, for buttermilk, capacity. 866 
 
 for distilled water. 70 
 
 for food, tolerance — 18 
 
 for milk and cream, allowance in capacity 
 
 for Pasteurizing 900 
 
 average capacity, how ascertained 71, 
 
 399, 752, 887, 900 
 
 capacity fixed.. 70, 166, 196, 213, 259, 271, 327, 351, 
 
 399, 478, 496, 526, 557, 569, 752, 846, 866, 887, 900 
 
 how filled 70, 
 
 166, 213, 259, 327, 351, 399, 626, 669, 752, 887, 900 
 
 how marked 70, 152, 166,213, 264, 
 
 328, 351, 399, 458, 526, 569, 724, 752, 846, 887, 900 
 legal measures and subject to regulations. 673 
 legal measures for milk and cream only. 327, 351 
 
 paper or fiber bottles, how filled 351 
 
 may be sealed 351 
 
 re-use of 351 
 
 sealing of, by manufacturers 213, 
 
 327, 351, 399, 723, 846, 887, 900 
 
 by sealer, when 71,152,214,260, 
 
 327, 351, 358, 400, 458, 520, 723, 847, 888, 901 
 
 not required 71,214,260,400,847,888,901 
 
 tolerances 71, 
 
 213, 327, 351, 399, 526, 569, 724, 752, 887, 900 
 
 to be fixed 673 
 
 for olive oil, quantity to be stated 73 
 
 for vinegar, capacity 866 
 
 other sizes to have net measure stated... 866 
 
 quantity to be stated 73 
 
 selling under-capacity 430 
 
 Bottomless measures 258, 673 
 
 Box of or for. See also Berries and small 
 fruits; Fruits and vegetables. 
 
 apples, capacity 79, 
 
 122, 147, 168, 196, 270, 331, 364, 464, 516, 837, 902 
 
 dimensions 79, 
 
 122, 147, 168, 237, 270, 331, 364, 464, 616, 657, 649, 
 837,868 
 
 how marked 332,464,837 
 
 number of apples to be marked 122, 464 
 
 other size unlawful.. 271 
 
 "short box," how marked 464 
 
 special, dimensions 649 
 
 tolerance on count 464 
 
 weight or number to be marked 203,869 
 
 beans, shelled, capacity 168 
 
948 
 
 INDEX 
 
 B ox of or f or— C ontinued . P age 
 
 candles, net weight to be marked ... 619 
 
 cherries, capacity - 168 
 
 dimensions... _ 118 
 
 cheese, net weight to be marked 487 
 
 coal, number pounds to _ 430 
 
 cranberries, capacity , 364,478,648,806 
 
 dimensions 364, 525 
 
 farm produce, capacity 363, 518 
 
 dimensions 363,518,715 
 
 half-box. 363,715 
 
 how marked ;... 363,518,715 
 
 unlawful to misrepresent. _ _ 5!8 
 
 fruits and vegetables, capacity 168, 
 
 338, 526, S02 
 
 dimensions 168 
 
 how marked. _ 527 
 
 of less capacity, how marked. 339 
 
 special lug 119 
 
 grapefruit, for field use, dimensions 174 
 
 other size prohibited... 176 
 
 hemp, dimensions- 855 
 
 herring, dimensions i 333 
 
 hops, dimensions 259,904 
 
 lemons, for field use, dimensions 174 
 
 other size prohibited 176 
 
 onion sets, sizes. ._ 478 
 
 oranges, dimensions 173,805 
 
 half box 174 
 
 other size prohibited 173, 175 
 
 for field use, dimensions 174 
 
 other size prohibited 176 
 
 oysters, dimensions.. 57,814 
 
 number to barrel 57,814 
 
 peaches, capacity 338, 397, 902 
 
 dimensions 118 
 
 half-box capacity 338 
 
 other than standard, how marked 339 
 
 weight or number to be marked. . . 203, 397, 869 
 
 pears, capacity. 338,902 
 
 dimensions 118,168,557,868 
 
 half-box 338 
 
 number to 806 
 
 other than standard, how marked 339 
 
 weight or number to be marked 203, 869 
 
 peas, shelled, capacity 168 
 
 plums, capacity 902 
 
 potatoes, sweet, capacity 270 
 
 soap, net weight to be marked.. 487, 619 
 
 use of as dry measure, prohibited 169 
 
 with false bottom, prohibited 115, 735 
 
 Brads, cask of, maximum weight 372 
 
 net weight to be marked 372 
 
 Bran, bag or sack, weight per 269, 302, 798 
 
 bushel, weight per... 936 
 
 rice, weight per bag or sack 799, 815 
 
 weight to be marked on package 305 
 
 Bread, articles exempted 107, 
 
 140, 166, 196, 271, 361, 570, 596, 614, 762, 904 
 
 cities and towns may regulate sale of 129, 
 
 176, 213, 220, 289, 440, 485, 555, 598, 720, 760, 804 
 
 definitions, stale bread 763 
 
 twin or multiple loaves 74, 465 
 
 how labeled or marked for standard loaves. 141, 
 166, 239, 516, 614, 763, 822, 851 
 
 laws on - 74, 106, 140, 
 
 156, 166, 192, 196, 213, 239, 271, 360, 465, 495, 538, 
 596, 570, 614, 651, 685, 707, 762, 804, 851, 865, 903. 
 
 Page 
 
 Bread, loaves, average weight 74, 
 
 107, 141, 192, 360, 465, 570, 596, 614, 651, 866, 903 
 
 as often above as below 596 
 
 number of loaves on which ascertained— 
 
 five loaves 903 
 
 six loaves 360,570 
 
 ten loaves 903 
 
 twelve loaves 141,360,570,866 
 
 twenty loaves 74, ioe 
 
 twenty-five loaves 192,465,614,651 
 
 period at which taken, twelve hours after 
 
 baking 74,141 
 
 twin or multiple, each loaf to comply with 
 
 requirements 106, 192, 570, 59C, 614 
 
 requirements applicable to, when. 74,465,763 
 
 weights, fixed 74, 
 
 106, 140, 166, 166, 192, 196, 239, 271, 360, 465, 
 495, 570, 596, 614, 651, 707, 762, 804, 865, 903. 
 
 of other sizes, how marked 140, 
 
 196, 271, 360, 495, 570, 707 
 
 unlawful 156,239,762,804 
 
 period after baking at which fixed- 
 eight hours 465 
 
 six hours 106 
 
 twelve hours 141, 
 
 192, 360, 570, 596, 614, 651, 851, 865 
 
 twenty-four hours 196,804 
 
 may be seized for evidence 361 
 
 disposition 351 
 
 offense, each day's violation to be separate. 851 
 sale by weight, sizes of loaves not specified. 213, 
 
 538, 685, 822 
 
 stale, defined 763 
 
 tolerance, in excess only 74,106 
 
 on average of 12 loaves 141 
 
 of 25 loaves 192,614 
 
 on individual loaves 74, 106, 
 
 141, 166, 192, 239, 465, 614, 651, 804, 851, 866, 903 
 
 to be fixed 239,360,571,614,707,763,851 
 
 variations in, as often above as below 763 
 
 weighing, upon request of purchaser. 166, 196, 271 
 
 by manufacturer or baker 75 
 
 by seller 166,685 
 
 weight to be disclosed, when 538 
 
 Brick, cities and towns may regulate inspec- 
 tion and weighing of 220 
 
 dimensions 125,482 
 
 sale of other sizes 482 
 
 Brickwork, method of computing 154 
 
 number of bricks to cubic foot in wall 125 
 
 Brine or preserving fluids, allowance for ab- 
 sorption by butter 722 
 
 weight or measure not to be included 114, 735 
 
 Broccoli, standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 Bromus inermus, weight per bushel 935 
 
 Broomcorn seed, weight per bushel 935 
 
 Buckwheat, weight per bushel 935 
 
 Building material, cities may provide for 
 
 measuring of 441 
 
 Bunch. See also Fruits and vegetables. 
 
 sale by head or bunch _ 211, 
 
 235,236,362,538,570,843 
 Bundle, of hoops for hogsheads, number to. . 728 
 
 of shingles, number to 324,522 
 
 Buns. See Bread. 
 
 Bureau of Standards. See National Bureau 
 of Standards. 
 
INDEX 
 
 949 
 
 Page 
 Bushel. See also Measures and Units of 
 weight and measure. 
 
 weights per, for various commodities 932-941 
 
 weight of subdivisions .. . 942 
 
 Butter, barrel or half barrel for, how made— . 784 
 
 number of gallons to - 784 
 
 brine, allowance for 722 
 
 cask or keg for, how made -- 784 
 
 net and tare weights to be marked 619 
 
 how packed - - - 619 
 
 packages, cartons, or prints, weight fixed-.. 197, 
 
 212, 272, 469, 478, 496, 557, 822, 865 
 
 of other weight, how marked.. 197, 272, 496, 557 
 
 weight to be exclusive of wrapper. 469 
 
 marked... 72, 141, 201, 212, 469, 654, 822, 865, 887 
 
 not applicable to farmer's product 887 
 
 sale by weight. . . 112, 123, 212, 236, 569, 752, 822, 887 
 
 tare to be marked.. 550, 619 
 
 tolerance on 73,722 
 
 tub for, how branded 550 
 
 weight to be marked 550,722 
 
 See also Food. 
 Buttermilk. See also Milk and cream. 
 
 bottles for, sizes fixed 866 
 
 Butternuts, weight per bushel 933 
 
 Buttons, measure for, equivalent 44 
 
 Cabbage, barrelfor, dimensionsforstandard.. 339 
 
 of less capacity, how marked — 339 
 
 basket for, capacity of standard 156 
 
 of other size, how marked 156 
 
 weight per bushel 835 
 
 California, laws of - 94 
 
 Calorimeter, gas company to supply, when.. 389 
 
 Canary seed, weight per bushel 935 
 
 Candles, box or package of, net weight to be 
 
 marked — 619 
 
 Cane seed, weight per bushel 933 
 
 Cans, for canned fruit, dimensions No. 1 flat.. 122 
 
 No. 1 tall - 122 
 
 No. 2 tall - 123 
 
 No. 2V 2 tall... 123 
 
 No. 10 tall 123 
 
 picnic. 
 
 122 
 
 for ice cream, how sealed or marked 352 
 
 inspected semiannually — 353 
 
 not legal measure except for ice cream — 352 
 
 for milk and cream, annual inspection of... 352 
 
 capacity or how marked 152, 
 
 201, 327, 352, 520, 550, 879 
 
 fees for sealing - 879 
 
 sealing - 162,327,352,457,520,879 
 
 testing upon request 458 
 
 Cantaloupe melon, weight per bushel 933 
 
 Cantaloupes, standard crate for, dimensions. 1 19 
 Canvas. See Textiles. 
 
 Carat, metric, establishment of 16 
 
 equivalent 16,387 
 
 standard for diamonds 387 
 
 unit for imports of diamonds and precious 
 
 stones 10 
 
 Carload. See Livestock; and Scales, track. 
 Carriers for fruits and vegetables. See Crates; 
 and Fruits and vegetables. 
 
 Page 
 
 Carrots, standard barrel 339 
 
 weight per bushel 935 
 
 Cars, mine, capacity to be marked 695, 893 
 
 to be uniform 695 
 
 weighing at standstill 828 
 
 railroad, railroads refusing or neglecting to 
 
 weigh 266 
 
 regulations for weighing may be made... 417, 
 622, 766, 825, 872 
 
 weighing before and after loading _ 284, 829 
 
 correctly... 915 
 
 separately 188, 266, 284, 492, 635, 872 
 
 together, when 188 
 
 upon request 265,747 
 
 variations allowed in reweighing 635, 827 
 
 Carton. See Food; and Net weight. 
 
 Casks, fees for gauging 720 
 
 for breadstufis, dimensions 158 
 
 how made 158 
 
 weight of contents 158 
 
 unlawful to use other.. 158 
 
 for butter, how made 784 
 
 gauging by Gunter's method 720 
 
 Castor oil, weight per gallon 276, 557 
 
 Cement, weight per bushel 935 
 
 barrel, net weight to be marked 852 
 
 box or package, net weight to be marked.. 852 
 
 Cental, number pounds to 365 
 
 sale by 367 
 
 Certificate. See also Evidence; Sealer of 
 weights and measures; Weighers; and 
 Weighmasters. 
 
 altering for weight of grain 280 
 
 of public weigher, what to contain 560 
 
 of test, description 452 
 
 weighraaster's, contents 420 
 
 form to be prescribed-.. 548 
 
 Chain. See also Surveyor; and Units of 
 weight and measure, 
 for measuring United States land, number 
 
 perches to 44 
 
 Charcoal, bag or basket for, capacity 323, 
 
 369, 573, 870 
 
 dimensions 323, 369, 461, 573, 724, 870 
 
 how filled 369,573,724 
 
 how marked 369, 573 
 
 may be seized, when 323 
 
 Paper 369, 573 
 
 sealing of 323, 724 
 
 barrel, standard measure for, capacity 430 
 
 bushel, half, form and dimensions 461 
 
 how heaped 461,724 
 
 number of cubic inches to 125, 
 
 142, 153, 339, 396, 438, 606, 628 
 
 cord of, number of bushels to 323 
 
 delivery ticket or certificate 164, 
 
 165, 211, 260, 369, 482, 525, 572, 751, 821, 845, 901 
 
 delivery vehicle, to bo marked 165, 718 
 
 sale by measure 430 
 
 sale by weight 164, 
 
 211, 259, 414, 482, 525, 572, 595, 751, 821, 845, 901 
 
 sale in small quantities 165,369, 573 
 
 how marked 369 
 
 tolerances on, variations of scale 572 
 
 wastage 572 
 
950 
 
 INDEX 
 
 Page 
 
 Charcoal, ton, fractional parts of 414, 695 
 
 number of pounds to 414, 572, 696, 628 
 
 water content 845 
 
 weighing, in process of delivery 164, 370, 483 
 
 weight per bushel 935 
 
 Checkweighmaster. See also Weighmaster. 
 at coal mines, employment, powers, and 
 
 duties 69, 
 
 91, 134, 229, 255, 266, 285, 296, 345, 409, 449, 
 473, 564, 602, 625, 638, 695, 789, 816, 828, 884, 
 879, 929. 
 
 Cheese; box of, weight to be marked 487 
 
 how branded 550 
 
 to be weighed at delivery, when.. 904 
 
 weight of tub or other vessel to be marked. 650 
 
 weight to be exclusive of wrapper 469 
 
 Cherries. See also Berries and small fruits. 
 
 basket, box or package for, capacities 117, 
 
 168, 319, 363, 428, 478, 514, 866, 902 
 
 dimensions 118 
 
 may be seized 614 
 
 not required to be sealed 514 
 
 not to be refilled 428 
 
 other sizes, how marked 866 
 
 sale, by dry measure 258,337,428,866 
 
 by weight, when 866,903 
 
 weight per bushel.. 935 
 
 Chestnuts, weight per bushel 936 
 
 Chops, bag or sack, weight of 302 
 
 net weight to be marked 305 
 
 Chufas, weight per bushel.. 933 
 
 Cigarettes, number in packages 765 
 
 Cisterns, standard barrel for measuring 79 
 
 Cities and towns: 
 powers of, as to — 
 
 bread, regulating weight and sale 129, 
 
 176, 213, 220, 289, 440, 485, 555, 598, 720, 760, 804 
 
 brick, weighing or measuring 220, 563 
 
 coal, coke, fuel, or hay, etc., weighing or 
 
 measuring 160, 
 
 181, 186, 198, 220, 239, 264, 277, 289, 304, 368, 
 401,432,440,441,463,484, 485, 517, 563, 598, 
 616, 633, 680, 760, 850, 892, 926. 
 
 commodities, weighing or measuring 129, 
 
 176, 180, 186, 197, 263, 277, 304, 432, 440, 441, 
 463, 484, 485, 486, 517, 555, 582, 616, 633, 679, 
 680, 760, 824, 850, 870, 892, 926. 
 
 liquors, gauging 176 
 
 lumber or timber 129, 
 
 180, 220, 375, 440, 441, 463, 563, 598, 836 
 
 mechanical work, measuring.. 129,440 
 
 meters, water, gas, or electric, inspecting 
 
 and testing 310, 414, 432, 551, 582, 616, 680 
 
 public scales 52, 129, 198, 220, 289, 290, 298, 
 
 414, 415, 463, 563, 576, 598, 736, 760, 836, 925, 926 
 
 vendors 129, 
 
 220, 299, 378, 401, 440, 457, 606, 616, 698, 760 
 weights and measures, appointment of 
 
 officials of. 64,261, 
 
 289, 275, 355, 463, 480, 613, 711, 719, 720, 884 
 
 regulating and inspecting '. 52, 
 
 129, 183, 197, 198, 220, 239, 275, 289, 298, 304, 
 
 401,440,480,485,486,506, 517, 563, 598, 616, 
 
 679, 680, 760, 824, 870. 
 
 weighers, or measurers, appointment of.. 147, 
 
 289, 304, 318, 365, 368, 372, 374, 375, 432, 440, 
 
 517, 582, 714, 721, 722, 741, 804, 836, 925. 
 
 Page 
 Citrus fruit, misbranding as to weight or size. 177 
 Civil service, appointment from list, when. 864, 897 
 
 sealer included in, when 359, 529, 884 
 
 Clams, barrel for, capacity.. 176 
 
 quantity to be marked on package. 738 
 
 standard measure for, dimensions and how 
 
 filled.... 176 
 
 Clam bait, barrel for: 
 
 capacity 
 
 dimensions 
 
 Clapboards, dimensions 
 
 Clark's cell, equivalent of volt with reference- 
 Clover seed, weight per bushel 
 
 Coal. See also Scales; Cities and towns, 
 powers of. 
 
 bag or sack, capacity 369, 
 
 how filled 369, 
 
 minimum weight 
 
 paper, dimensions 369, 
 
 weight 369,496, 
 
 weight to be marked 324, 369, 573, 717, 
 
 barrel, number pounds to 
 
 standard, capacity 
 
 box, basket or measure for, capacity and 
 
 dimensions 
 
 how marked 369, 573, 
 
 minimum weight 
 
 number pounds to 430, 
 
 bushel, at mines 
 
 number of cubic inches to 303, 
 
 weight per, of anthracite 685, 
 
 bituminous 
 
 cannel 
 
 mineral 
 
 stone 
 
 cities and towns may regulate weighing or 
 
 362 
 333 
 325 
 9 
 936 
 
 573 
 573 
 717 
 573 
 573 
 866 
 430 
 303 
 
 605 
 717 
 717 
 717 
 267 
 605 
 936 
 9.36 
 
 186, 220, 239, 264, 277, 304, 368, 432, 440, 
 485, 517, 563, 598, 633, 680, 760, 8S0, 892. 
 
 sale of condemned or unfit 
 
 containing foreign matter 371. 
 
 by gross weight 39, 157, 339, 645, 685, 715, 
 
 mandatory 39,157. 
 
 by fractional parts 157, 414, 595, 645, 
 
 by measure, when 
 
 by weight 
 
 142, 164, 211, 236, 259, 276, 323, 368, 414, 
 482, 515, 525, 572, 595, 605, 645, 717, 751, 
 845,901. 
 
 delivery ticket or certificate 
 
 70, 126, 142, 164, 211, 260, 369, 439, 482, 
 515, 525, 558, 572, 686, 717, 751, 821, 835, 
 901, 925. 
 
 delivery wagon or vehicle, marking 165, 
 
 may be stopped for test 
 
 63, 65, 136, 150, 165, 208, 234, 260, 317, 
 479, 512, 567, 573, 668, 670, 733, 757, 796, 
 831, 842, 863, 883, 897, 923. 
 
 may be condemned and seized, when 
 
 small quantities 
 
 143, 165, 211, 482, 515, 717, 821, 845, 
 tolerance or allowance for foreign sub- 
 stance in anthracite 
 
 for scale variations 572, 685, 826, 
 
 for shrinkage or wastage 572, 635, 
 
 for water content 
 
 weighing on otherjthan.track scales 
 
 160, 
 463, 
 
 371 
 ,519 
 868 
 339 
 685 
 605 
 70, 
 439, 
 821, 
 
 39, 
 496, 
 845, 
 
 718 
 50, 
 454, 
 819, 
 
 371 
 
 70, 
 
 ,901 
 
 519 
 925 
 925 
 845 
 635 
 
INDEX 
 
 951 
 
 Page 
 Coal— Continued. 
 
 ton, anthracite, gross 685 
 
 gross 39, 157, 339, 046, 685, 715, 868 
 
 mandatory use of 39,157,339 
 
 in solid, number of cubic feet to 128 
 
 number of bushels to 461 
 
 number of pounds to — 111, 
 
 116, 164, 200, 248, 304, 323, 339, 368, 414, 
 430, 461, 463, 496, 565, 572, 595, 605, 628, 
 646, 685, 715, 717, 868. 
 
 at mines 58, 134, 267, 346, 696 
 
 weighing, before delivery. 39 
 
 carload 83, 265, 266, 284, 635, 636, 645, 826, 829 
 
 regulations for, may be made 417 
 
 purchaser may request 687,844 
 
 when purchased . 439,715,737,925 
 
 weight, bills of lading for carload to show.. 265, 
 
 573, 635, 827 
 
 false or fraudulent 157, 248, 455, 558, 687 
 
 weight per bushel, anthracite G85, 936 
 
 bituminous 936 
 
 cannel 936 
 
 mineral 936 
 
 not defined . 936 
 
 stone 936 
 
 Cob, number pounds in bushel of field corn.. 751 
 
 Cod-liver oil, weight per gallon 276,557 
 
 Coins, annual examination and test of 40 
 
 foreign, how expressed in certain reports... 42 
 
 gold, deviation from standard 40 
 
 standard weights of 40 
 
 tolerated loss 41 
 
 minor, deviation from standard 41 
 
 standard weights of 41 
 
 silver, deviation from standard 41 
 
 standard weights of 40, 41 
 
 uniformity in, securing 40 
 
 weight and fineness, test for 39 
 
 Coke, bags or baskets for, capacity 369, 573 
 
 how filled 369, 573 
 
 how marked.. 369, 573, 717 
 
 minimum weight 717 
 
 net weight to be marked 324 
 
 paper, dimensions.. 369,573 
 
 bushel, number of cubic inches to 437, 605, 628 
 
 weight per - 936 
 
 delivery ticket or certificate 126, 
 
 164, 211, 260, 369, 482, 515, 525, 572, 717, 751, 
 821,845,901. 
 
 delivery vehicle, to be marked 165, 718 
 
 gauger for - 302 
 
 measure for, capacity 605 
 
 dimensions 605 
 
 sale by weight 164, 211, 236, 259, 
 
 323, 368, 482, 515, 525, 572, 717, 751, 821, 901 
 
 In small quantities.... — 165, 369, 573, 717 
 
 how marked 369,573,717 
 
 struck measure 673 
 
 tolerance on, for variations in scales 572 
 
 for wastage 672 
 
 ton, number of pounds to.... 248, 323, 572, 618, 717 
 
 water content allowed.. 845 
 
 weighing, facilities, dealers to have proper. 718 
 
 in processor delivery 165,370,483,573 
 
 on publicscales 737 
 
 weight per bushel 936 
 
 Colleges, agricultural, standards furnished 
 
 under resolution of Congress 6 
 
 replacing lost 7 
 
 Page 
 Colorado, laws of. 125 
 
 Commodities. See also Food; Fruits and 
 vegetables; Net weight; Measures; and 
 Produce and farm products. 
 
 dry, defined 75, 
 
 196, 211, 220, 477, 496, 538, 557, 645, 672 
 how sold (having particular reference to 
 
 sale by the bushel) 47, 
 
 110, 111, 125, 156, 158, 175, 179, 191, 195, 
 215, 234, 236, 258, 259, 269, 271, 318, 396, 413, 
 429, 437, 461, 476, 495, 513, 569, 578, 594, 596, 
 604, 605, 627, 673, 715, 726, 731, 732, 750, 
 779, 798, 833, 843, 888, 890, 899, 924. 
 
 liquid, how sold 196, 
 
 211, 271, 478, 496, 672, 822, 843 
 
 may be seized for evidence _._ 52, 
 
 68, 139, 210, 234, 480, 513, 778, 796, 820, 843, 865 
 
 metallic, misrepresenting weight of. 656 
 
 sale and delivery, evidence of quantity 197, 
 
 272, 456, 497, 568, 635, 735 
 tolerances on, in containers or packages, 
 
 maybe fixed _ 73, 
 
 96, 197, 212, 263, 272, 366, 456, 497, 515, 615, 647, 
 674, 706, 779, 783, 785, 792, 839, 845, 886. 
 
 various, may be fixed 73, 
 
 414, 534, 779, 783, 792, 925 
 
 weights per bushel of various. 942 
 
 when sold by weight, net weight is meant. . 214, 
 823, 848, 867, 901 
 Congress, constitutional powers of, to coin 
 
 money ._ 5 
 
 standards furnished under resolution of 6 
 
 to fix standard of weights and measures 5 
 
 Connecticut, laws of... 135 
 
 Constitutional provisions, creation or con- 
 tinuance of State office, prohibited 47 
 
 Federal, power to fix standards of weight 
 
 and measure 5 
 
 inspection and measuring of merchandise. 94, 667 
 
 saving clause 171,236,483,538,605 
 
 Contracts, agreement of shipper and carrier 
 
 on weights 823 
 
 how construed 47, 
 
 111, 173, 175, 196, 215, 271, 366, 396, 429, 455, 
 461, 477, 496, 571, 595, 603, 645, 749, 800, 924. 
 how construed as to, bushel of lime or 
 
 ashes 834 
 
 net weight 214,752,823,848,890,901 
 
 ton 833 
 
 underlap for roofing slate 835 
 
 metric system to be used in 697 
 
 not in valid , by use of metric system 109, 
 
 386, 702, 782 
 not void, unless injury by use of unsealed 
 
 weights and measures 633 
 
 sale of cotton by net weight 619 
 
 void, by use of false weights and measures.. 459 
 
 in sale bread contrary to law 685 
 
 Cord of: 
 
 any commodity, dimensions 799 
 
 number cubic feet to 799 
 
 bark, dimensions 322,692,834,844 
 
 how measured or stowed 603,692,834 
 
 number cubic feet to 322,603,692,844 
 
 number pounds to 179,685,899 
 
 charcoal, number bushels to 323 
 
 wood, dimensions 181, 
 
 196, 322, 374, 413, 518, 687, 692, 724, 834, 844 
 
952 
 
 INDEX 
 
 Cord of— Continued. Page 
 
 wood, how measured or packed-- 323, 
 
 374, 518, 603, 692, 724, 834 
 must be measured before sale or delivery. 39, 
 
 322, 323 
 
 number cubic feet to. 39,169,196,217,322,374, 
 
 413, 414, 496, 516, 595, 603, 646, 692, 724, 844, 867 
 
 when in conveyance 695 
 
 when longer than 8 inches 169 
 
 when 16 inches or less and loose in box or 
 
 container. - 867 
 
 sale by cord or fractional part 217, 515, 867 
 
 sawed or split, number cubic feet to when 
 
 loose in conveyance 413,414,595 
 
 number cubic feet to, when ranked 413, 
 
 414, 595 
 
 sale by, when 71 
 
 Corn, bags of, weight fixed - 54 
 
 cracked, weight per bushel 936 
 
 field, number pounds of cob to bushel 751 
 
 green, with shucks, number bushels to bar- 
 rel _ - -- 48,731,780 
 
 in the ear, weight per bushel 936 
 
 matured, with shucks, number of bushels 
 
 to barrel — - 731,780 
 
 on cob, number pounds to barrel 339 
 
 pop corn, weight per bushel 936 
 
 rice corn, weight per bushel - 936 
 
 shelled, weight per bushel 936 
 
 weight per barrel - 339 
 
 sweet, weight per bushel 936 
 
 weighing, railroad scales for 83 
 
 weight per bushel of. 936 
 
 Cornmeal: 
 
 bag or sack, capacity fixed 732 
 
 gross weight to be marked 184, 628, 785 
 
 how marked 184,732,781 
 
 bow packed for exportation 158 
 
 may be sized, when 629 
 
 tolerances.. - --- 184 
 
 weight of.... ....53,184,195, 
 
 216, 269, 288, 477, 495, 585, 628, 732, 781, 785, 851 
 
 weights to be marked 183, 288, 586, 628, 851 
 
 barrel or cask- 
 dimensions 158 
 
 subdivisions of. 53, 158, 184, 269, 784 
 
 tolerance on 184 
 
 weight of fixed - 53,158,184,269,784 
 
 weight to be marked 53, 158, 184, 431, 784 
 
 hogshead, dimensions and how made 158 
 
 weight of contents.. 158 
 
 weight per bushel — 937 
 
 Cotton. See Textiles. 
 Cotton duck. See Textiles. 
 
 Cottonseed, ton of, number pounds to _ 799 
 
 weight per bushel 937 
 
 Cottonseed hulls, bag, weight of 54 
 
 weight to be marked 185 
 
 Cottonseed meal, bag or package, weight of.. 269 
 
 weight to be marked. 84,431,690 
 
 barrel, weight to be marked 84,431 
 
 Coulomb. See Electricity, units of. 
 
 Cowpeas, weight per bushel 933 
 
 Crackers. See Bread. 
 Cranberries: 
 
 barrel, dimensions.. - 20, 
 
 167, 214, 364, 403, 525, 648, 847, 902 
 
 how marked 364 
 
 of less capacity 403 
 
 Cranberries— Continued. Page 
 
 barrel, of other form 902 
 
 rules and regulations for 21 
 
 subdivisions... 21, 167, 214, 403, 648 
 
 tolerances on.. 22-26,404 
 
 boxes, sizes fixed 364,478,525,648,866 
 
 other sizes 364,866 
 
 cartons or packages, capacities 365,648 
 
 how marked. 365,648 
 
 containers or packages, how marked 867 
 
 number of cubic inches to 867 
 
 crate, capacity 364,902 
 
 dimensions 364,525 
 
 subdivision 364 
 
 measure, how heaped 525 
 
 struck 902 
 
 sale by dry measure 258, 337, 648, 866, 868 
 
 by weight 866,868 
 
 weight per bushel 937 
 
 wholesale, how marked 867 
 
 Crates, for. See also Box. 
 
 apples, capacity 902 
 
 blueberries, bushel, capacity 902 
 
 cantaloupes, dimensions 119 
 
 cherries, dimensions 118 
 
 commodities, deviation from tolerance 534 
 
 cranberries, capacity 364,902 
 
 dimensions 364,525 
 
 subdivisions allowed 364 
 
 fruits and vegetables, carrier, standard 167 
 
 flat 167 
 
 four-basket and six-basket, capacity 167,805 
 
 dimensions. 805 
 
 unlawful to use other 802 
 
 how marked 119,540 
 
 standard, capacity... 902 
 
 dimensions 119 
 
 lettuce, dimensions.. 119 
 
 number of heads to be marked 120 
 
 tolerance on contents ._ 120 
 
 onions, capacity 805 
 
 dimensions.. 168,805 
 
 oranges, dimensions... 173 
 
 other sizes prohibited 173,175 
 
 peaches, capacity 902 
 
 pineapples, capacity. 44 
 
 plums, capacity 902 
 
 standard, can not be used as dry measure.. 169 
 
 dimensions 119 
 
 for tomatoes, dimensions 174 
 
 other size prohibited 174 
 
 not applicable to local shipments.. 175 
 
 Crops, growing, weighing at or before de- 
 livery 905 
 
 Cubic yard, weight per, of gravel 799 
 
 of sand 799 
 
 Cucumbers, weight per bushel 937 
 
 Cuerda, equivalent in square meters. 702 
 
 Culm, weight per bushel 933 
 
 Cup. See also Berries and small fruits; and 
 Fruits and vegetables. 
 
 standard for fruits and vegetables 1 56 
 
 Currants. See also Berries and small fruits. 
 
 baskets, boxes or containers, capacities 319, 
 
 338, 363, 428, 478, 514, 866, 902 
 
 other sizes to be marked.. 866 
 
 illegal may be confiscated 902 
 
 may be seized 514 
 
 not required to be sealed 514 
 
INDEX 
 
 953 
 
 Page 
 C urrants — C ontinued 
 
 sale by, dry measure 236, 
 
 258, 319, 337, 363, 428, 478, 514, 866, 902 
 
 level measure 319,363 
 
 weight, when 236,866,903 
 
 weight per bushel 937 
 
 Customhouses, semiyearly comparison of 
 weights and measures at 42 
 
 D 
 
 Dandelions, weight per bushel 937 
 
 Decimal hundred, articles sold by 317 
 
 hoops and staves counted and sold by 523 
 
 Delaware, laws of. - 149 
 
 Diamonds, carat unit for weighing _.. 16,387 
 
 troy pound unit for precious stones 70 
 
 Director, National Bureau of Standards. 
 
 See National Bureau of Standards. 
 
 District of Columbia, laws of 1 62 
 
 Doyle's and Scribner's rule for measurement 
 of logs and timber. See also Logs. 
 
 established 310,430,891 
 
 unlawful to use other 310 
 
 Doyle's rule, for measuring logs 80, 90, 178, 430 
 
 for measuring square timber..- 430 
 
 unlawful to use other _ - 178 
 
 Doyle's stick, standard for measuring of logs. 80 
 Dram. See Units of weight and measure. 
 Drugs, packages, deceptive as to size or shape, 
 
 prohibited 596 
 
 rules and regulations as to size, weight, or 
 
 shape, may be made.. 596 
 
 sale by apothecaries pound, when 70 
 
 sale by avoirdupois pound, when 70 
 
 Drum for grapes, dimensions and capacity... 119 
 
 E 
 
 Eggs, grade, purchaser to be notified of 654,825 
 
 guaranty, effect of 825 
 
 how graded or marked 654 
 
 invoice to retailers to show size or weight. . 115 
 standards of weight or size to be fixed — 115,825 
 
 weight per dozen of various sizes fixed 48, 
 
 53, 654, 825 
 Electricity, specifications for application of 
 
 volt and ampere to be published 10 
 
 units of, ampere, coulomb, farad, henry, 
 
 joule, ohm, volt, and watt 9 
 
 national, recognized by States.. 196, 268, 476, 708 
 
 Emmer, weight per bushel 937 
 
 Evaporation, unavoidable lit 
 
 Kvidence, articles, improperly marked or 
 
 branded 505,620,928 
 
 automatic pumps, breaking seal on 804 
 
 may be seized for 764 
 
 sale or delivery of short measure. 647 
 
 babcocktest, tobe._ 789 
 
 payment is of test 202 
 
 bill of lumber inspector to be 918 
 
 bread, may be seized for 361 
 
 certificate to bo, for agricultural products. 504, 91 1 
 
 for timber measurement 746 
 
 of quantity of grain 284 
 
 of oyster inspector 307 
 
 of sealer 534,575 
 
 of weighmaster 198, 
 
 199, 266, 415, 419,420,425, 466, 470, 491, 548, 
 697, 687, 802, 850. 
 commodities, package of, may be sclzod for. 52, 
 68, 139, 210, 234, 480, 513, 778, 796, 820, 843, 865 
 
 Page 
 Evidence, commodities, evidence of quantity. 197, 
 
 272, 456, 497, 636 
 sale and delivery, of short quantity. 197, 568, 735 
 Federal Government, orders issued by, to 
 
 be 544 
 
 meter, proof of use of false 467 
 
 paint, possession of improperly labeled to 
 
 be 487, 620, 683, 771 
 
 previous violations admitted as _. 707 
 
 seal, evidence of test 101,275,630 
 
 State, determinations or findings of to 
 
 be 250,626,912 
 
 surveyor not to give, unless chain is stand- 
 ard 575, 612 
 
 weights and measures, may be seized or re- 
 tained for 52, 
 
 68, 139, 150, 210, 234, 316, 359, 395, 412, 457, 
 480, 512, 513, 591, 593, 642, 668, 670, 704, 778, 
 820, 831, 843, 865", 886. 
 
 possession of altered, is 647, 733 
 
 of false or illegal is 68, 
 
 105, 130, 354, 359, 478, 534, 568, 647, 801 
 removal of tag "condemned for repairs," 
 
 is 479 
 
 standards of, to be... 101,275,774 
 
 certificate of, admitted as 534, 535 
 
 F 
 
 False bottoms in containers, prohibited 115, 735 
 
 False weights and measures. See also Fees 
 and compensations; Scales; Sealer of 
 weights and measures; Testing weights 
 and measures; Weights and measures and 
 weighing and measuring devices. 
 
 accounts based on 179,262,354,533 
 
 advertising, as to quantity, quality or 
 
 source. 248 
 
 brands or marks. 729, 784 
 
 denned 111,200,463 
 
 disposing of, contrary to law 67, 
 
 104, 105, 395, 411, 535, 782, 823 
 
 giving, using or retaining... 44, 
 
 51, 56, 60,67,81, 85, 104, 111, 139, 164, 174, 179, 
 186, 192, 197, 200, 218, 225, 234, 237, 248, 262, 
 272, 314, 317, 354, 359, 366, 395, 400, 411, 427, 
 430, 455, 459, 463, 464, 478, 487, 497, 505, 513, 
 533, 559, 568, 589, 592, 597, 612, 615, 632, 646, 
 671, 699, 705, 714, 760, 782, 783, 800, 801, 823, 
 832, 848, 856, 864, 865, 870, 890, 906, 925, 927 
 
 at mills 44, 128 
 
 keeping or using for weighing gold or gold 
 
 dust 128 
 
 ore. 128,200,438 
 
 marking of tare 60,111, 158, 
 
 200, 427, 463, 559, 576, 598, 617, 633, 706, 761, 855 
 
 marking or stamping on containers by 111, 
 
 158, 197, 264, 409, 427, 559, 576, 673, 761 
 
 packing or selling by 75, 
 
 81, 111, 116, 249, 294, 375, 462, 558, 575, 600, 
 631, 689, 709, 761, 927. 
 procedure in and disposition of, may be 
 
 condemned or seized, when 63, 
 
 65, 68, 104, 136, 138, 150, 163, 190, 194, 208, 
 234, 262, 274, 316, 336, 353, 358, 395, 411, 479, 
 497, 535, 559, 568, 575, 591, 592, 597, 610, 642, 
 644, 668, 670, 704, 713, 733, 757, 760, 777, 782, 
 796, 819, 833, 842, 864, 884, 898, 923. 
 
954 
 
 INDEX 
 
 False weights and measures— Continued. Page 
 procedure in and disposition of, may be 
 
 destroyed, when 63, 
 
 65, 104, 136, 140, 150, 163, 208, 210, 411, 456, 
 479, 497, 510, 533, 559, 568, 576, 581, 598, 632, 
 670, 699, 734, 760, 777, 796, 819, 842, 864, 884, 
 898,923. 
 protection against, State to name informa-' 
 
 tion 531 
 
 weigher, using 367 
 
 Farad. See Electricity, units of. 
 
 Federal laws ... 5 
 
 Feed, gross weight of bag.. 628 
 
 chopped, sale by weight 236 
 
 made from cereals, weight per sack 269 
 
 sale by weight 649 
 
 weight per bushel 933 
 
 Feeding stuffs, bags or package, weights of, 
 
 fixed 56, 83, 
 
 188, 255, 209, 290, 590, 747, 765, 787, 815, 860 
 
 scales for weighing, annual test 80 
 
 weight to be marked... 56, 
 
 83, 123, 145, 159, 177, ,188, 220, 254, 278, 290, 310, 
 330, 344, 368, 406, 426, 431, 447, 488, 523, 552, 
 577, 590, 600, 623, 634, 656, 694, 709, 728, 747, 
 765, 785, 787, 815, 825, 838, 860, 871, 892, 917, 
 928. 
 Feeds. See Feeding stufls. 
 Fees and compensations of or for. See also 
 False weights and measures; Scales; 
 Sealer of weights and measures; Testing 
 weights and measures; and Weights and 
 measures and weighing and measuring 
 devices. 
 
 Babcock glassware 387,492,788,858 
 
 leather measuring devices 359 
 
 meters, electric, gas or water 69, 
 
 133, 160, 204, 226, 250, 389, 448, 472, 506, 611, 622 
 
 milk bottles... 359 
 
 milk cans 879 
 
 National Bureau of Standards. 6 
 
 public weighers 89,146, 
 
 183, 277, 415, 466, 482, 561, 632, 737, 741, 762, 925 
 
 pumps, automatic 191,359,481,716 
 
 surveyor's apparatus 378,581 
 
 thermometers, clinical. 350 
 
 taximeters — 359 
 
 track scales, testing of 61, 
 
 66, 191, 262, 282, 322, 470, 555, 592, 767, 872 
 
 hour rate for repairing.. 767 
 
 to be fixed 445,874 
 
 weighing by, to be fixed 418,445,874 
 
 wagon scale 469 
 
 weighers, measurers or gaugers of, at ware- 
 houses 420 
 
 casks _ 720 
 
 coal 303 
 
 cotton- 85, 87, 183, 185, 588, 741, 742, 786, 921 
 
 fish 362, 730 
 
 grain 281, 284, 367, 726, 876 
 
 hay and straw 283 
 
 hoops I 728 
 
 livestock 365,419,722 
 
 logs 91,920 
 
 lumber and timber 91,747,920 
 
 oysters 307,308,433 
 
 Fees and compensations of or for— Contd. Pago 
 weighers, measurers or gaugers of, produce. 744 
 
 salt 726 
 
 tobacco 786 
 
 tomatoes 420 
 
 wood or bark 374,518,724 
 
 weights and measures and weighing and 
 
 measuring devices 61, 
 
 66, 80, 150, 180, 191, 217, 262, 274, 301, 322, 359, 
 481, 555, 581, 592, 593, 613, 630, 697, 698, 712, 
 716, 831. 
 charges for special service in connection 
 
 with, may be made 217, 
 
 301, 337, 359, 412, 481, 713, 831 
 
 lien on apparatus.. 481 
 
 may be fixed 126,481,503,797,831 
 
 none charged.. 51, 137, 149, 194, 318, 
 
 393, 412, 481, 568, 574, 776, 820, 841, 884, 885, 897 
 rate per hour for repairs or special service 592, 767 
 
 standards, charge for testing. 79,712 
 
 State charges not to exceed National Bu- 
 reau of Standards 627 
 
 Fence, standard gauge for wire fence 401 
 
 Fertilizer, bags or packages of, weights 
 
 fixed 311,738,815 
 
 fish, barrel for, number of gallons to 728 
 
 weights to be marked 56, 
 
 81, 145, 178, 187, 226, 311, 331, 344, 372, 405, 426, 
 489, 524, 551, 577, 589, 600, 623, 634, 656, 694, 
 728, 738, 787, 815, 838, 857, 871, 892, 917. 
 
 Feterita, weight per bushel 933 
 
 Firkin, for butter, weight to be marked 550,619 
 
 how branded.- 550 
 
 Fish: 
 barrels and half-barrels of, amount of salt 
 
 used 618 
 
 capacity 145, 333, 729, 854 
 
 half-barrel 145,579,618,729 
 
 howmade 145,618,729,854 
 
 weight 144, 332, 618, 729, 731, 780 
 
 fraudulently altering contents of cask 145 
 
 mackerel, number to barrel, various 
 
 qualities.. 729 
 
 manure, number of gallons to barrel 728 
 
 menhaden, standard measure for estab- 
 lished 589 
 
 mullet, packages, how marked 589 
 
 pickeled, number pounds to barrel or half- 
 barrel 729 
 
 menhaden and herring, capacity 729 
 
 how made 729 
 
 quintal, number of pounds to 362 
 
 sale, by weight 72,169,588 
 
 by weight, wholesale 362 
 
 how sold 236 
 
 scraps, capacity per thousand fish estab- 
 lished 589 
 
 shad, number to barrel 144 
 
 weight of barrel or half-barrel 144 
 
 weighers of, for salt water fish 376 
 
 weighing upon demand 362 
 
 Flaxseed, weight per bushel 937 
 
 Flaxseed oil, weight of empty barrel to be 
 
 marked 618 
 
 weight per gallon 618 
 
 Florida, laws of 173 
 
 
INDEX 
 
 955 
 
 Flour: Page 
 
 bale.. — 646 
 
 barrel, containing 200 pounds 798 
 
 dimension 172, 617, 784, 854 
 
 subdivisions — 
 
 how marked 398, 586, 617, 628 
 
 weight of __ 158, 
 
 172, 184, 195, 216, 259, 269, 302, 305, 398, 414, 
 429, 438, 477, 495, 586, 595, 628, 648, 649, 744, 
 751, 784, 798, 851, 854, 890. 
 
 to be marked 173, 785 
 
 weight to be marked 73,81, 
 
 158, 173, 183, 184, 269, 305, 398, 431, 438, 441, 
 477, 586, 617, 628, 784, 844, 851. 
 
 tare to be marked. _ 617 
 
 weight of 48, 
 
 142, 168, 172, 184, 195, 216, 248, 251, 259, 269, 
 302, 305, 319, 339, 366, 398, 414, 429, 438, 477, 
 495, 586, 595, 617, 628, 648, 715, 731, 744, 751, 
 780, 784, 798, 844, 854, 890, 902. 
 
 weight to be marked 73, 81, 
 
 158, 173, 184, 305, 398, 431, 438, 441, 586, 617, 
 628, 784, 844. 
 
 forfeiture for short weight. 431,629 
 
 tolerances on 73,184,785 
 
 graham, weight of sack 477 
 
 rye, weight of barrel 158,269 
 
 weight to be marked 158 
 
 weight of sack 269,477 
 
 rye graham, weight of sack 477 
 
 whole wheat, weight of sack 477 
 
 Food: 
 brine, or preservative fluid, weight or meas- 
 ure, not to be included 114, 735 
 
 guaranty on, effect of 114, 571, 825, 839 
 
 net weight or quantity to stated, manda- 
 tory marking... - -- 16, 
 
 52, 113, 143, 153, 169, 177, 187, 192, 211, 220, 
 234, 263, 304, 331, 342, 366, 405, 416, 441, 455, 
 486, 496, 515, 518, 544, 571, 584, 596, 647, 674, 
 701, 705, 719, 734, 765, 786, 821, 824, 839, 845, 
 850, 870, 886, 908, 928. 
 
 permissive marking 75, 82, 
 
 130, 201, 251, 278, 294, 431, 464, 505, 617, 634, 804 
 packages, deceptive as to size or shape, pro- 
 hibited - - 596 
 
 regulations as to size, weight, or shape may 
 
 be made - 596 
 
 regulations for marking net quantity 17, 
 
 113, 545, 734 
 
 shrinkage - 114 
 
 slack filling of 52,486,596 
 
 tolerances, or exemptions as to small pack- 
 ages to be made 16, 
 
 114, 143, 169, 177, 187, 192, 220, 305, 331, 342, 
 416, 441, 518, 544, 545, 584, 701, 719, 735, 765, 
 786, 821, 824, 839, 850, 870, 908, 928. 
 
 none below stated weight 114 
 
 Foot. See Units of weight and measure. 
 Freestone, surveyor of, may be appointed ... 372 
 Freight, carload, minimum weight for mixed 
 
 stock fixed 442 
 
 certificate of weight, payment made when 
 received - 83 
 
 Page 
 
 Freight, scales for weighing, test of 915 
 
 weighing, apparatus for, subject to rules 
 
 and regulations 151 
 
 by railroads 915 
 
 providing for 507 
 
 regulations for 490, 872 
 
 weight of, disputes as to, how determined.. 250 
 
 Fruit, canned, standard sizes of cans 122 
 
 dried, net weight to be marked 74 
 
 fraudulently packing 81 
 
 Fruits or vegetables. See aUo Barrels; Ber- 
 ries and small fruits; Box; Produce and 
 farm products; and specific commodity 
 in question, 
 bag or sack for, deduction for weight, when. 203 
 
 barrel for, capacity 20, 
 
 156, 167, 214, 270, 403, 751, 847, 888, 890, 902 
 
 dimensions 20, 
 
 167, 214, 339, 403, 604, 751, 847, 888, 889, 902 
 
 how marked 604 
 
 other capacity, how marked 156, 339 
 
 other form 20, 167, 214, 403, 751, 847, 888, 902 
 
 of less capacity, how marked 339 
 
 prohibited 403 
 
 subdivisions 20, 167,214 403 
 
 tolerances on 22,404 
 
 basket for — 
 
 capacity. 156, 338, 526, 538, 606, 805, 902 
 
 how filled.. 338,397,608 
 
 how marked 156, 527, 540 
 
 must contain quantity represented 397 
 
 other form permitted 609 
 
 other size, how marked.. 339, 903 
 
 prohibited 271, 608 
 
 tolerance on 806 
 
 may be fixed 245,609 
 
 weight to be marked - 397 
 
 basket for, climax, capacity and dimen- 
 sions 30, 167, 244, 259, 270, 402, 541, 606 
 
 how filled - 608 
 
 how marked.... 259, 541 
 
 not conforming to provisions 542 
 
 other form permitted 609 
 
 other capacity prohibited 608 
 
 rules and regulations 32 
 
 may be established 271, 542 
 
 test of — - 542 
 
 tolerances on - 32 
 
 may be fixed 271,542,609 
 
 basket for, round stave and splint, capacity. 168, 
 241, 242, 607, 608 
 
 dimensions... 168,241,242,608 
 
 how filled 246,608 
 
 other form permitted 609 
 
 other size prohibited 246, 608 
 
 tolerances on 806 
 
 may be fixed.. 245,609 
 
 box or container for, capacity 168, 
 
 196, 338, 363, 518, 526, 902 
 
 dimensions 118,168,363,518,715,902 
 
 half box - 338,363,715 
 
 how filled.- -- 338,363 
 
956 
 
 INDEX 
 
 Fruits or vegetables— Continued. Page 
 
 box or container, how marked... 363, 518, 527, 715 
 
 lug, capacity and dimensions 118, 119, 168 
 
 must contain quantity represented 397 
 
 other size, how marked 196,338,496,903 
 
 tolerance on,__ 119,806 
 
 may be fixed. 245 
 
 carriers for, dimensions 119 
 
 flat 167 
 
 four-basket and six-basket capacity 167,805 
 
 capacity and dimensions 805 
 
 unlawful to use other 802 
 
 how marked _ 119,540 
 
 standard, capacity 902 
 
 dry measure, use prohibited. 169, 235, 538, 645, 779 
 false bottom prohibited in basket, box or 
 
 container. 114,735 
 
 hampers for bananas 247 
 
 beans, capacity 806 
 
 net weight 806 
 
 fruits and vegetables, capacity. 156, 168, 240, 606 
 
 dimensions.. 240,606 
 
 how filled... 246,608 
 
 other form permitted 609 
 
 other size, prohibited _ 246, 608 
 
 may be seized and destroyed, when.. 246 
 may be shipped to another State or 
 
 foreign country, when 246 
 
 to be marked 156 
 
 struck measure _ 246,608 
 
 testing - 609 
 
 tolerance on, may be prescribed 245,609 
 
 sale by head or bunch _ 169, 
 
 211, 235, 236, 362, 538, 570, 843 
 
 by weight only, of leaf. 169 
 
 by weight or count, when 168, 235, 362, 903 
 
 list of articles 236 
 
 Fungicide, packages to have net weight 
 marked.... 331, 523, 694 
 
 G 
 
 Gallon number equivalent to cubic foot per 
 
 second 473 
 
 number equivalent to miner's inch 473 
 
 number of cubic inches to, for ale and beer. 70 
 for maple syrup 834 
 
 number to barrel 48, 
 
 79, 110, 141, 215, 257, 337, 365, 413, 461, 495, 
 566, 579, 594, 604, 684, 732, 751, 780, 798, 901. 
 
 number to barrel of or for — 
 
 beef or pork 745 
 
 butter. 784 
 
 cisterns (measuring) _ 79 
 
 clam bait 362 
 
 fish 145,333,729,854 
 
 half barrel 145, 729 
 
 manure 728 
 
 flour _ 784 
 
 gasoline- 601 
 
 lard - 784 
 
 malt, fermented 413 
 
 meal ... 784 
 
 oysters, shucked 814 
 
 petroleum 601, 763 
 
 pitch 854 
 
 proof spirits 43 
 
 tar — 745,854 
 
 turpentine 180,855 
 
 Page 
 
 Gallon, number to hogshead 365, 560, 594 
 
 standard proof, defined 43 
 
 standard for internal revenue 43 
 
 weight per, of — 
 
 castor oil... 276,557 
 
 cod-liver oil 276, 557 
 
 flaxseed oil 618 
 
 gasoline .' 276,557 
 
 ice cream 278, 621 
 
 to be promulgated 53 
 
 kerosene 276,557 
 
 lard oil 276,557,618 
 
 linseed 276,557,618 
 
 maple sirup 621,834 
 
 menhaden oil 276,557 
 
 miner's oil _-_ 276, 557 
 
 molasses, Louisiana cane 429 
 
 maple 248 
 
 sorghum 48, 248, 429, 579, 732, 780 
 
 naphtha 276,557 
 
 neat's-foot oil 557 
 
 olive oil _ 276,557 
 
 paraffin oil 276,557 
 
 sperm oil 276,557 
 
 turpentine 276, 557 
 
 whale oil 276,557 
 
 Gas, unit of measure for 389, 621 
 
 Gasoline. See also Pumps, automatic or 
 measuring. 
 
 number gallons to barrel 601 
 
 sale by standard measure 218 
 
 specific gravity to be labeled 655 
 
 weight per gallon 276, 557 
 
 Gauge for sheet and plate iron and steel 38 
 
 tolerances on 39 
 
 Gauger, for coal or coke; duties and term of 
 
 office 302,303 
 
 of oils, molasses, liquors, etc., election of... 745 
 
 Georgia, laws of _ 179 
 
 Ginners. See Textiles, cotton. 
 Glassware. See also Babcock or other tests 
 for milk and cream; and Milk and cream. 
 
 how marked 358 
 
 specifications for to be established 358 
 
 testing and sealing 358 
 
 Gold dust, keeping or using false scales for 
 
 weighing 128,927 
 
 traders in to have weights and measures 
 
 tested 126, 462 
 
 weights and measures may be condemned. 462 
 Gooseberries. See Berries and small fruits. 
 Grain. See also Units of weight and measure. 
 
 bag, sack, or package, weight of fixed 54 
 
 weight of may be deducted, when 203, 649 
 
 weight to be marked 54, 81, 173, 305 
 
 bushel or half bushel, how leveled 249, 431 
 
 standard used for measuring... 249, 283, 287, 434 
 
 deduction for leakage, shrinkage, or loss 223 
 
 dockage, for dirt 750 
 
 false or fraudulent practices concerning 237, 
 
 278, 455, 462, 927 
 
 for livestock, statement of weight 523 
 
 measure for 238,249,287,431,781 
 
 quantity, number bushels ascertained by 
 
 weight _ 340 
 
 sale by weight or measurement may be 
 regulated... 444, 745 
 
INDEX 
 
 957 
 
 Page 
 Grain— Continued. 
 
 tester for, how filled _ 904 
 
 to be sealed . 904 
 
 tolerance on - 73, 443 
 
 weighers or inspectors of, appointment and 
 
 duties.. 279, 280, 367, 470, 726, 873 
 
 not to be interested in products weighed.. 470 
 
 weighing, at mills 279 
 
 at railroad terminals... 279 
 
 at transfer points 224 
 
 at warehouses 279, 663, 664, 770, 873, 876, 912 
 
 by railroad companies _ 223 
 
 cities may provide for 463 
 
 fees for, to be fixed 469 
 
 license for.. 265 
 
 rules and regulations for, may be adopted. 224, 
 
 444 
 
 scales, hopper to be correct 558 
 
 weight, delivery ticket to show.. 525 
 
 sale by 276,439,525 
 
 shipper to be furnished, when 281 
 
 shipper's, conclusive, when . 875 
 
 Oram. See Metric system. 
 
 Grape fruit, field box for, dimensions 174 
 
 other size prohibited 176 
 
 standard packs for... 806 
 
 tolerances on.. 806 
 
 Grapes: 
 
 baskets, capacities, how marked 397,404 
 
 dimensions.. 118 
 
 climax baskets, capacities and dimensions.. 30, 
 167, 244, 259, 270, 402, 541, 606, 608 
 
 how filled.. -. 608 
 
 how marked... .- 259,541 
 
 other capacities prohibited 608 
 
 other forms permitted .- 609 
 
 rules and regulations.. 32 
 
 may be established 271, 542 
 
 stricken measure used - 608 
 
 tolerances 32,609 
 
 drum, standard, dimensions, and capacities. 117 
 
 keg, standard, capacity. 119 
 
 package, standard 117 
 
 dimensions. 118 
 
 weight per bushel --- 937 
 
 Grass seed, weight per bushel 933 
 
 Gravel, weight per cubic yard 142,216,799 
 
 Grits, bags or sacks, gross weight 184, 785 
 
 to be marked 785 
 
 net weight 184,288,851 
 
 to be marked 184,288,851 
 
 standard capacities and quantity to be 
 
 marked 732 
 
 barrel and subdivisions, weight of. . . 184,398, 785 
 
 to be marked 184,398 
 
 tolerance allowed 184,785 
 
 Gross weight. See the specific commodity 
 
 in question. 
 Guaranty, effect of regarding: 
 
 eggs 825 
 
 food packages 114,571,825,839 
 
 hampers, baskets and containers for fruits 
 
 and vegetables v 31,246,609 
 
 type of weights and measures apparatus... 677 
 
 Guavas, weight per bushel 933 
 
 Ounter, method of gauging casks 720 
 
 Gypsum, net weight to be marked 694 
 
 H 
 
 Hair, plastering, weights per bushel 938 
 
 Hampers. See Fruits and vegetables. 
 
 Hawaii, laws of 190 
 
 Hawker. See Vendors. 
 Hay: 
 
 baled, bailing material, deduction for 688, 725 
 
 gross weight to be marked 725 
 
 how marked 252, 332, 572 
 
 tare weight to be marked 572,725 
 
 tolerance on 72, 572 
 
 cities or towns, may regulate weighing or 
 
 sale 186,220,463,484 
 
 may weigh 440 
 
 measuring, example.. 556 
 
 method of or rule for 462, 477, 556, 761, 924 
 
 sale, by measurement 72 
 
 by weight 72, 276, 439, 558, 752 
 
 delivery ticket _ 72,925 
 
 scales, public, to be provided 736,836,925 
 
 sealed to be used 572 
 
 test of 80, 116, 712 
 
 tolerances on may be fixed 925 
 
 ton, number cubic feet to 556,599,628 
 
 number pounds to Ill, 
 
 116, 200, 248, 340, 425, 461, 463, 556, 599, 628 
 
 of alfalfa, number cubic feet to 462, 761, 924 
 
 of blue-joint, number cubic feet to 462 
 
 of clover, number cubic feet to 462, 761, 924 
 
 of native blue-joint, number cubic feet to. 924 
 of rough slough grass, number cubic feet 
 
 to.. 462,924 
 
 of salt grass, number cubic feet to 760 
 
 of timothy, number cubic feet to... 462, 761, 924 
 
 of wheat grass number cubic feet to 760 
 
 sale by, gross, tare and net weight to be 
 
 marked 260 
 
 tolerance on for shrinkage and scale varia- 
 tions.. _ 925 
 
 weighers of, appointment and duties. 326, 368, 423 
 
 impersonating 424 
 
 neglect of duty 425 
 
 removal 424 
 
 weighing, on public scales 737,836,925 
 
 rules and regulations for, to be estab- 
 lished- 283,423 
 
 weight, correct, must be given _ 397 
 
 falsely increasing 462, 558, 575, 600, 761, 927 
 
 full, required 278,463 
 
 reporting false or untrue 455 
 
 to be marked 72,116,260,269,600,688 
 
 to be net. _. 116 
 
 Heaped measure. See Measures. 
 
 Hemp, bale to be marked with weight 855 
 
 boxes for, dimensions 855 
 
 hundredweight, number pounds to 288 
 
 ton, number pounds to 288 
 
 Hempseed, weight per bushel 938 
 
 Henry. See Electricity, units of. 
 
 Herds grass, weight per bushel. 938 
 
 Herring, barrel for, capacity and dimensions. 333 
 
 box for, dimensions 333 
 
 Hickory nuts, woight per bushel 938 
 
 Hogshead: 
 
 for tobacco 344 
 
 staves for 181,325,522,856 
 
958 
 
 INDEX 
 
 Hogshead— Continued. Page 
 
 for tobacco— continued. 
 
 hoops for, dimensions — - 326,727 
 
 may be condemned 727 
 
 number to bundle 325, 727 
 
 number of barrels to.. 110, 141, 215, 257, 337, 365, 
 413, 461, 495, 566, 694, 604, 684, 761, 798, 901 
 
 number to pipe 684 
 
 number of gallons to 366, 660, 594 
 
 of cornmeal, dimensions and how, made 158 
 
 number pounds to 158 
 
 of salt, number bushels to 318 
 
 Hominy: 
 
 how sold 236 
 
 net weight to be marked 288, 586 
 
 standard packages 288,586 
 
 weight per bushel 938 
 
 Hoops. See Barrels; Hogshead; and Staves. 
 Hops: 
 
 bale of, weight 571,869 
 
 how marked 671 
 
 bag, for picking, deduction for weight 650 
 
 bailing material, deduction for 660 
 
 weight per yard 571,650,869 
 
 box, for picking, dimensions 904 
 
 standard dimension 259 
 
 fraud in marking 835 
 
 fraudulently increasing weight 462, 
 
 558, 575, 761, 927 
 
 inspectors of, may be appointed 835 
 
 duties 835 
 
 quantity picked, how ascertained.. 650 
 
 tare allowed 571,650,869 
 
 Horseradish, weight per bushel 938 
 
 Huckleberries. See Berries and small fruits. 
 
 Hucksters. See Vendors. 
 
 Hundredweight. See Ton; and Units of 
 
 weight and measure. 
 Hungarian grass seed, weight per bushel 938 
 
 I 
 
 Ice. See also Wagon. 
 
 overcharging for 304 
 
 refusing to sell 365 
 
 refusing or neglecting to weigh... 319, 365, 519, 557 
 
 scales, graduations required 165 
 
 refusing or neglecting to provide 365 
 
 test of 546 
 
 wagons must carry 304, 557 
 
 ton, fractional parts. 414,595 
 
 number pounds to 248, 414, 595 
 
 tongs, weight to be deducted 546 
 
 weight to be marked.. 546, 867 
 
 weighing, at time of delivery 150, 545, 846, 867 
 
 purchaser may witness 846 
 
 weight, giving false 157, 304, 319, 519 
 
 sale by 71, 165, 236, 414, 545, 595, 645, 846 
 
 to be stated 645 
 
 weight slip, purchaser may request 846 
 
 Ice cream: 
 cans, molds or containers for, how sealed or 
 
 marked 352 
 
 inspected semiannually 353 
 
 not legal measure, except for ice cream. 352 
 
 giving false or insufficient measure 353 
 
 standard weight to be promulgated 53 
 
 volume, when melted 908 
 
 weight per gallon 278,621 
 
 Page 
 
 Idaho, laws>f 193 
 
 Illinois, laws of 206 
 
 Imports, determination of weight or quan- 
 tity of. 42 
 
 of sugar, ascertaining true quality.. 42 
 
 use of foreign weights and measures 42, 44 
 
 India wheat, weight per bushel 933 
 
 Indiana, laws of 230 
 
 Insecticide, net weight to be marked 694 
 
 Inspectors of weights and measures. See 
 
 Sealer of weights and measures. 
 Institutions. See Testing weights and meas- 
 ures. 
 International Bureau of Weights and Meas- 
 ures: 
 
 custody of international standards 11 
 
 duties 10 
 
 establishment of 10 
 
 international committee, duties of 11, 12 
 
 maintenance of... 10 
 
 prototype meter and kilogram certified by. 697 
 
 Iowa, laws of 257 
 
 Iron ore, hundredweight 494 
 
 Iron, pig, hundredweight 494 
 
 sheet and plate, standard gauge adopted for 
 
 customs purposes 38 
 
 tolerances on 39 
 
 J 
 
 Japanese millet, weight per bushel 938 
 
 Jewels. See also Carat; and Stones, pre- 
 cious. 
 
 troy pound, unit for weighing 70 
 
 Johnson grass, weight per bushel 933 
 
 Joule. See Electricity, units of. 
 
 K 
 
 Kafir corn, weight per bushel.. 938 
 
 Kale, sale by weight only 169 
 
 standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 weight per bushel.. 938 
 
 Kansas, laws of 268 
 
 Keg. See also Barrels, 
 for butter and lard, net and tare weights 
 
 to be marked 619 
 
 for grapes, capacity 119 
 
 of blasting powder, weight of and of sub- 
 divisions 693 
 
 weight to be marked 693 
 
 Kentucky, laws of 287 
 
 Kerosene, weight per gallon 276,557 
 
 Kilogram. See also Metric system, 
 international prototype regarded as funda- 
 mental standard 7 
 
 L 
 
 Land plaster, weight per bushel 933 
 
 Lands, public, how divided 44 
 
 Lard, lard compounds or substitutes: 
 
 barrel or half-barrel for, number gallons to.. 784 
 
 pails of, weights specified 696 
 
 sale by weight 236 
 
 tare to be marked.. 619 
 
 weight to be marked. 73, 196, 619 
 
INDEX 
 
 959 
 
 Page 
 Lard oil, weight of empty barrel to be marked. 618 
 
 weight per gallon 276, 557, 818 
 
 Lead ores, scales for weighing, failing to bal- 
 ance 438 
 
 taking more than legal weight 438 
 
 ton, number pounds to 438 
 
 Leakage. See also Tolerances. 
 
 from grain cars, determining 471 
 
 unavoidable 114 
 
 Leather: 
 
 altering marks of measurer 378 
 
 devices for measuring, fees for testing 359 
 
 semiannual test of 357 
 
 measurers of, appointment and duties 377 
 
 unlawful to sell unmeasured 378 
 
 Lemons, field box for, dimensions 174 
 
 other size prohibited.. 176 
 
 Lentils, weight per bushel 933 
 
 Lettuce. See also Fruits and vegetables, 
 crate for, number of heads to be marked... 120 
 
 standard, dimensions 119 
 
 tolerance on... 120 
 
 packages for, standard, dimensions 117,118 
 
 Lien, inspector's fees to constitute, on appa- 
 ratus 481 
 
 Lime: 
 agricultural, bag or package of, weight to 
 
 be marked.... 159, 331, 344, 551, 623, 694, 858 
 
 weight fixed 799 
 
 barrel of, number pounds to 372, 
 
 413, 751, 799, 890, 902 
 standard large and small, fractional parts. 26, 
 
 576, 852 
 
 how marked. 26,576,852 
 
 number pounds to 26, 576, 852 
 
 rules and regulations- 27 
 
 tolerances on 29, 30 
 
 bushel, number cubic inches to 605 
 
 quantity allowed for 834 
 
 hydrated, weight per bag 799 
 
 measure for, capacity and dimensions 605 
 
 sale by weight... 236 
 
 tolerance, in bulk 30 
 
 ton, number pounds to 628 
 
 weight per bushel.. 938 
 
 Line, button measure, equivalent 44 
 
 Linen. See Textiles. 
 
 Link. See Units of weight and measure. 
 
 Linseed oil, net contents to be marked on 
 
 container 853 
 
 weight of empty barrel to be marked 618 
 
 weight per gallon 276, 557, 618 
 
 Liquids. See also Gallon. 
 
 barrel for, capacity 48, 
 
 79, 110, 141, 215, 257, 337, 365, 413, 461, 495, 566, 
 579, 594, 604, 684, 732, 751, 780, 798, 901. 
 
 hogshead, capacity 365,560,594 
 
 two barrels to.. 110, 
 
 141, 215, 257, 337, 365, 413, 461, 495, 566, 594, 
 604, 684, 751, 798, 901. 
 
 pipe, number hogsheads to 684 
 
 tun, number pipes to 684 
 
 Liter. See Metric system. 
 Livestock: 
 
 carload weight of 442, 490 
 
 certificate of weight to be given 87, 89 
 
 517—27 61 
 
 Livestock— Continued. Page 
 
 defrauding in weighing of. 278, 419, 455 
 
 using or having in possession false weights 
 
 or weighing devices 237 
 
 scales for, attendant to be provided, when. 915 
 
 control of. 766 
 
 may be required, when 418 
 
 procuring site for 422 
 
 railroads, neglecting or refusing to permit 
 
 erection 472 
 
 to permit at livestock platforms 472 
 
 to provide and maintain, when 284, 
 
 766, 915 
 
 stockyards to furnish... 490 
 
 testing upon request 766 
 
 Vnited States act, rules and regulations 
 
 concerning may be made 38 
 
 unfair practice concerning- 37 
 
 weighing of 36 
 
 weighers may be appointed 722 
 
 weighing of, correct weight must be given. . 397 
 
 on private scales, prohibited 418 
 
 on public scales, required 737 
 
 upon demand of buyer or seller 631 
 
 Livestock remedy, net contents to be stated. 279 
 Loaf. See Bread. 
 
 Loganberries. See Berries and small fruits. 
 Logs. See also Lumber. 
 
 fees for measuring 91,920 
 
 rules for measuring 181, 701, 835, 918 
 
 allowing for rotten.. 181, 205, 701 
 
 Doyle's rule made standard. 80, 90, 178, 430 
 
 Doyle's and Scribner's rule made stand- 
 ard 310,430,891 
 
 unlawful to use other 310 
 
 Scribner's "decimal C" rule made stand- 
 ard 205, 761 
 
 Spaulding's table made standard 113 
 
 table of board feet contained in... 919 
 
 use of other rules, when 919 
 
 surveyors of, appointment.. 324 
 
 duties 326 
 
 Louisiana, laws of. _. 298 
 
 Lumber. See also Logs, 
 bill of measurement, inspectors to make, and 
 
 what to contain 204,918 
 
 cities or towns may measure or regulate.. 180, 
 
 220, 440 
 inspectors or surveyors of, appointment and 
 
 duties 204,324,521,917 
 
 fees for measuring 91, 747, 920 
 
 measurers of, election... 375 
 
 railroads to provide scales for weighing of. 872, 873 
 
 rules for measurement of ship's timber 521 
 
 of tun and square timber 687 
 
 sale of lumber and timber by board meas- 
 ure... 438, 587 
 
 standard thickness of planks 521 
 
 weighing on two or more cars 188 
 
 M 
 
 Maine, laws of 313 
 
 Malfeasance, what constitutes 97 
 
 Malt beverages, number gallons to barrel.. 365, 413 
 
 tolerance on capacity 365 
 
 Mangelwurzel, weight per bushel 933 
 
960 
 
 INDEX 
 
 Page 
 
 Manure, number bushels to cartload 858 
 
 standard measure for, capacity, dimensions 
 
 and form 461,857 
 
 heaped measure used 461,857 
 
 Maple sirup, gallon, number cubic inches to. . 834 
 
 weight per 621, 834 
 
 Marble, surveyor of, may be appointed 372 
 
 Marl, heaped measure used 461 
 
 measure for, dimensions and form 461 
 
 net weight to be marked 331, 694 
 
 Maryland, laws of 334 
 
 Masonry, perch, number cubic feet to .. 196, 
 
 259, 494, 556, 761 
 
 rules for measuring _ 153 
 
 Massachusetts, laws of 347 
 
 Mattress. See Bedding. 
 
 McKay sampler for milk or cream 131 
 
 Meal: 
 
 bag of, exact weight to be marked 173 
 
 barrel of, dimensions 617,854 
 
 forfeiture for short weight 431, 629 
 
 how branded '. 617 
 
 net weight to be marked 173,305,617 
 
 number gallons to 784 
 
 tare to be marked 617 
 
 weight of contents of barrel and subdivi- 
 sions 305,398,429,617,854 
 
 net weight to be marked 398, 851 
 
 sale of, only in standard weight packages.. 851 
 
 weight per bushel 933 
 
 Measures . See also references to specific com- 
 modities in question, 
 at mines, standard to be provided, when... 346 
 bottomless, must conform in shape to 
 
 United States standard,. 258 
 
 unlawful to use 673 
 
 dry capacity, barrels and other containers 
 
 can not be used as 169 
 
 defined 540, 645 
 
 dimensions or form. 110,461,604,684 
 
 ratio of height to bottom. 684 
 
 ratio of top to bottom 684 
 
 how marked 673 
 
 use prohibited 169, 235, 538, 645, 779 
 
 for ale and beer, number cubic inches to 70 
 
 for charcoal, how heaped 461,724 
 
 number cubic inches to 125, 
 
 142, 153, 339, 396, 438, 606, 628 
 
 for coke, capacity or dimensions 437,605,628 
 
 for lime, unslacked, capacity and dimen- 
 sions _ 605 
 
 for manure, capacity, dimensions, and 
 
 form 461, 857 
 
 for oysters, dimensions... 176,187,588 
 
 how filled 176 
 
 must be tested and stamped 57 
 
 other measures unlawful 588 
 
 for stone coal, capacity and dimensions 605 
 
 for wood, kindling, heaped 725 
 
 heaped, form of... 110, 
 
 215, 396, 461, 514, 525, 604, 814, 858, 900 
 
 number cubic inches to 141 
 
 level or stricken — 
 
 for coke 369, 573 
 
 for dry commodities 798 
 
 for fruits, nuts, or vegetables 246, 319, 608 
 
 for grain 238,249,287,431,781 
 
 Page 
 
 Measures— C ontinued . 
 
 level or stricken— continued. 
 
 for hampers, baskets, and containers 246, 
 
 338, 363, 397, 608 
 
 how struck 215, 238, 249, 287, 604, 608, 781 
 
 liquid, sale of berries and small fruits by.. 271, 557 
 Measurers: 
 of grain and salt, election and duties of... 318, 726 
 
 fees 726 
 
 of leather 377 
 
 of wood or bark, appointment... 147, 374, 375, 518 
 
 fees 518 
 
 public, appointment and term of office 761 
 
 duties „ 761 
 
 fees __ _ 762 
 
 giving false certificate 762 
 
 Meat. See also Beef or pork. 
 
 fresh or salt, delivery ticket for 72 
 
 sale by weight 72, 236, 569 
 
 products, sale by net weight 569 
 
 tolerance on bacon and ham 73 
 
 undermarking tare on 617 
 
 variation in weight of commodity law, ap- 
 plicable, when 197 
 
 wrapped, net quantity to be marked 17 
 
 Meat meal, sack of, net weight 269 
 
 Mechanical work, cities may measure 129, 440 
 
 Medicines, sale by apothecaries pound, when. 70 
 
 sale by avoirdupois pound, when 70 
 
 Melilotus, weight per bushel 933 
 
 Melon, cantaloupe, capacity of barrel 732, 780 
 
 Melons, standard packages for 117 
 
 dimensions 118 
 
 Menhaden oil, weight per gallon 276, 557 
 
 Meridian. See Surveyors. 
 Meter. See also Metric system, 
 international prototype regarded as funda- 
 mental 7 
 
 ratio of to distance from equator to pole 697 
 
 Meter provers, gas companies to provide, 
 
 when 389 
 
 Meters, electric, gas, or water: 
 
 apparatus for testing 583 
 
 appointment of inspectors of 330, 388, 414, 709 
 
 powers and duties of 388, 414 
 
 cities and towns may provide for inspection 
 
 and test 310, 414, 432, 551, 582, 616, 680 
 
 false or condemned apparatus... 69, 
 
 248, 310, 391, 466, 485, 622 
 
 false or fraudulent reading 803 
 
 fees for testing 69,133, 
 
 160, 204, 226, 250, 389, 448, 472, 506, 611, 622 
 
 inspection and test of 64, 
 
 67, 144, 160, 204, 250, 309, 329, 389, 390, 432, 
 447, 472, 506, 611, 622, 661, 803, 826. 
 
 before installation or use 68, 250, 621, 708 
 
 by sealer 64, 67, 611 
 
 upon request 64, 160, 204, 330, 390, 583, 708 
 
 may be condemned 64 
 
 placed where consumer can read 250 
 
 readings, bills to show 587 
 
 consumer may request 226 
 
 consumer to be given 390 
 
 to be filed with sealer... 69 
 
 to be in cubic feet 390 
 
 to be in kilowatt hours 390 
 
 rules and regulations may be made for 391, 
 
 599, 826 
 
INDEX 
 
 961 
 
 Meters, electric, gas, or water— Continued, 
 standard — Page 
 
 of measurement defined 621 
 
 test of 64 
 
 to be used 636 
 
 standards for may be prescribed 133, 225 
 
 tolerances on _ 64, 
 
 67, 68, 144, 330, 390, 448, 583, 622, 709 
 
 Meters, heat, appointment of inspectors 414 
 
 powers and duties of 414 
 
 Metric carat. See also Metric system. 
 
 establishment of. 16 
 
 equivalent.. 16,387 
 
 standard for diamonds 387 
 
 unit for import duties on diamonds and 
 
 precious stones 16 
 
 Metric convention. See also International 
 Bureau of Weights and Measures. 
 International Bureau of Weights and 
 
 Measures established by 10 
 
 provisions of. 10 
 
 regulations adopted by 12 
 
 Metric system: 
 
 authorized by Congress 7 
 
 cities and towns to keep meter and kilo- 
 gram 349 
 
 equivalents in customary weights and 
 
 measures 8,387,782 
 
 legalized or use of authorized 109, 
 
 195, 269, 386, 476, 494, 603, 697, 702, 749, 782, 797 
 postal balances for, to be furnished certain 
 
 post offices 44 
 
 standards of, furnished States by resolution 
 
 of Congress 6 
 
 repairs and adjustments to and replacing 
 
 lost 7 
 
 State standards 387, 697 
 
 to be taught in public schools 827 
 
 use of, in Philippine Islands 697 
 
 use of other than metric system 697 
 
 in Porto Bico 702 
 
 required in Public Health Service 16 
 
 required in War Department, when 16 
 
 Michigan, laws of 392 
 
 Middlings, barrel, dimensions 158 
 
 unlawful to use other... 158 
 
 weight of 158 
 
 to be marked 158 
 
 weight per bushel 933 
 
 Mile. See Units of weight and measure. 
 Milk, condensed, evaporated or skimmed, 
 
 minimum contents of container 550 
 
 weight of container 123 
 
 Milk and cream. See also Babcock or other 
 test for milk and cream, 
 bottles for — 
 allowance in capacity for Pasteurizing.. 900 
 
 average capacity, how ascertained 71, 
 
 399, 752, 887, 900 
 
 capacity fixed 70, 
 
 166, 196, 213, 259, 271, 327, 351, 399, 478, 496, 
 526, 557, 569, 752, 846, 866, 887, 900. 
 
 fees for 359 
 
 how filled 70, 
 
 166, 213, 269, 327, 351, 399, 526, 569, 752, 887, 900 
 
 how marked 70 
 
 152, 166, 213, 264, 328, 351, 399, 458, 626, 669, 
 724, 752, 846, 887, 900. 
 legal measures and subject to regulations. 673 
 
 Milk and cream— Continued, 
 bottles for — continued. Page 
 
 legal measures for milk and cream only. 327, 351 
 
 paper or fiber bottles, how filled 361 
 
 may besealed 351 
 
 reuse of. 351 
 
 sealing of, by manufacturers 213, 
 
 327, 351, 399, 723, 846, 887, 900 
 
 bysealer, when 71,152,214,260, 
 
 327, 351, 358, 400, 458, 520, 723, 847, 888, 901 
 
 not required 71, 214, 260, 400, 847, 888, 901 
 
 tolerances on 70, 
 
 213, 327, 351, 399, 526, 569, 673, 724, 752, 887, 900 
 
 cans for, capacity or how marked 152, 
 
 201, 327, 352, 520, 550, 879 
 
 fee for sealing 879 
 
 sealing 327,352,457,520,879 
 
 testing upon request 458 
 
 sold, by measure 123, 
 
 141, 153, 327, 457, 469, 520, 550, 692, 723, 835 
 
 by weight 123 
 
 weight of pint and quart 201 
 
 Mill feed. See Feed; and Feeding stuffs. 
 Mill products, net weight to be marked on 
 
 sack, barrel, or other package... 431,558 
 
 sold in violation, may be seized, when.. 306, 629, 
 
 standard weights for, established 269,305 
 
 Millet, weight per bushel 938 
 
 Japanese barnyard 938 
 
 Mills, to have standard or sealed measures.. 83, 
 
 238, 294, 431, 448, 489, 589, 615 
 
 to keep standard toll dishes.. 83, 228, 489, 589, 785 
 
 to provide scales. 378,400 
 
 tolls allowed 448,912 
 
 using false weight or measure at 927 
 
 Mine scales. See Scales. 
 
 Mining laws _. 58, 
 
 91, 133, 228, 255, 266, 285, 296, 345, 409, 448, 473, 
 563, 601, 624, 640, 695, 789, 816, 828, 879, 892, 
 928. 
 
 Milo maize, weight per bushel.. 933 
 
 Miner's inch. See also Water. 
 
 defined 112,563,773 
 
 equivalent in cubic feet per minute 112 
 
 cubic feet per second 473, 489, 506, 563, 773 
 
 gallons per second 473 
 
 use in future permits prohibited.. 506 
 
 Miners' oil, weight per gallon 276,557 
 
 Minnesota, laws of 410 
 
 Mint, annual test of weights used at Phila- 
 delphia... 40 
 
 troy pound of 40 
 
 Mississippi, laws of 429 
 
 Missouri, laws of __ 437 
 
 Molasses: 
 
 Louisiana cane, weight per gallon 429 
 
 maple, weight per gallon 248 
 
 sorghum, weight per gallon 48, 
 
 248, 429, 579, 732, 780 
 
 Montana, laws of 451 
 
 Motor vehicles, county may provide scales 
 
 for weighing 176 
 
 weight of models to be filed 050 
 
 Mustard seed, weight per bushel 933 
 
 N 
 
 Nails, casks of, maximum weight 372 
 
 net weight to be marked 372 
 
 Naphtha, weight per gallon 276,657 
 
962 
 
 INDEX 
 
 Page 
 National Bureau of Standards. See also 
 Standards, State. 
 
 director of, annual-report of 5 
 
 appointment, powersand duties of 6 
 
 establishment of 5 
 
 fees for tests and calibrations, etc., to be 
 
 fixed 6 
 
 to govern maximum of State 627 
 
 functions of, for whom exercised 6 
 
 reports of weights and measures officials, 
 
 copy to be filed with 194, 272, 499 
 
 rules and regulations issued by, regarding— 
 
 lime barrel act 27 
 
 standard barrel, for fruits and vegetables 
 
 and other dry commodities 21 
 
 adopted or recognized by State or dis- 
 trict... 170, 237, 403 
 
 standard cranberry barrel 21 
 
 adopted or recognized by State or dis- 
 trict 170, 237 
 
 specifications and tolerances for weights and 
 measures and weighing and measuring 
 
 devices, adopted or recognized 95, 
 
 219, 475, 643, 792, 849, 883 
 
 to be established with advise of 313, 
 
 459, 516, 832 
 
 standards, comparison or construction of 5 
 
 municipal and county to conform to type 
 
 approved by 193, 272 
 
 national, care and custody of.. 5 
 
 thermometer, standard of State, certified 
 
 by 350 
 
 tolerances on standards, limits to be fixed.. 6 
 troy pound of the, to be standard of the 
 
 mint 40 
 
 type of apparatus, approval by before use in 
 
 State — 321 
 
 visiting committee 6 
 
 weights and measures stamped by, recog- 
 nized, when 459,795 
 
 Neat's-foot oil, weight per gallon 276, 557 
 
 Nebraska, laws of.. 476 
 
 Net weight. See also Specific commodities, 
 marking net weight or quantity on pack- 
 ages, of commodities, in general 113, 
 
 211, 234, 263, 455, 496, 515, 571, 615, 647, 674, 
 705, 734, 845, 886. 
 
 food only, mandatory 16, 
 
 52, 143, 153, 169, 177, 187, 192, 220, 304, 331, 
 342, 366, 405, 416, 441, 486, 518, 544, 584, 596, 
 701, 719, 734, 765, 786, 821, 824, 839, 850, 870, 
 908, 928. 
 
 permissive — 75, 82, 
 
 130, 201, 251, 278, 294, 431, 464, 505, 617, 634, 804 
 
 net weight employed or understood 164, 
 
 646, 752, 823, 839, 867, 890, 901, 924 
 
 regulations for marking... 17, 113, 545, 734 
 
 wrapper, separate charge may be made 615 
 
 Nevada, laws of 494 
 
 New Hampshire, laws of 510 
 
 New Jersey, laws of 525 
 
 New Mexico, laws of 553 
 
 New York, laws of 565 
 
 North Carolina, laws of 578 
 
 North Dakota, laws of. 591 
 
 Page 
 
 Nuts, sale by dry measure 337, 614,723 
 
 level measure 319 
 
 weight or count, when 236,362 
 
 standard package for, dimensions 117, 118 
 
 O 
 
 Oats, bag or sack, weight specified 54 
 
 weight per bushel 939 
 
 Offense, separate, what constitutes: 
 
 basket or box, use, sale, or manufacture 338 
 
 bread, each separate sale of 465 
 
 cotton, weighing of by unauthorized per- 
 son 87 
 
 fish, each day's use of unlawful measure for. 589 
 
 flour, each sale of 844 
 
 meters, each day's violation of law.... 69 
 
 milk bottle, each failure to comply with 
 
 law 458 
 
 milk or cream, unlawful testing of each lot 
 
 of. 434 
 
 mine scales, each day's use of incorrect 
 
 scales 346 
 
 unsealed weights or measures, each day's 
 
 use of. 457 
 
 weight or measure, use or ownership of 634 
 
 Ohio, laws of 603 
 
 Ohm. See Electricity, units of. 
 Oil. See also Pumps, automatic or measur- 
 ing, 
 barrel of illuminating, gasoline or petroleum 
 
 products, number gallons to 445, 601, 763 
 
 quantity to be marked | 764 
 
 sweet, in bottles or cans, quantity to be 
 
 stated 73 
 
 weight per gallon of oil or oil products — 
 
 castor 276, 557 
 
 cod liver 276, 557 
 
 flaxseed 618 
 
 gasoline 276, 657 
 
 kerosene 276, 657 
 
 lard 276, 557, 618 
 
 linseed 618 
 
 boiled 276, 557 
 
 raw 276, 557 
 
 menhaden 276, 557 
 
 miner's 276, 557 
 
 naphtha 276, 557 
 
 neat's-foot 276, 557 
 
 olive 276, 657 
 
 paraffine 276, 557 
 
 sperm 276,557 
 
 turpentine 276, 557 
 
 whale 276,557 
 
 Oil meal, sack of, net weight 269 
 
 Oklahoma, laws of 626 
 
 Oleomargarine: 
 
 how marked 822 
 
 minimum weight for package 130 
 
 net weight to be marked 212,822,887 
 
 sale by weight only. 212, 236, 752, 822, 887 
 
 sizes of packages fixed 130, 212, 822 
 
 Olive oil, in bottles or containers, quantity 
 
 to be stated 73 
 
 weight per gallon. 276, 557 
 
INDEX 
 
 963 
 
 Page 
 Onions. See also Fruits and vegetables. 
 
 bottom sets, weight per bushel 939 
 
 fresh, sale by bunch 169, 362 
 
 sizes of boxes for sets 478 
 
 standard barrel for, dimensions 339, 604 
 
 how marked _ 604 
 
 other sizes, how marked 339- 
 
 standard basket for, capacity 156 
 
 other size to be marked 166 
 
 standard crate for, capacity or dimensions 168,805 
 
 standard package for, dimensions 118 
 
 top sets, weight per bushel-. 939 
 
 weight per bushel 939 
 
 Oranges: 
 
 barrel may be used for shipping 174 
 
 field box for, dimensions 174, 176 
 
 other size prohibited 176 
 
 standard box or crate, dimensions. 173, 805 
 
 nonstandard prohibited.. 173,175 
 
 standard package for, dimensions 117, 118, 806 
 
 tolerance 806 
 
 Orchard grass seed, wei ght per bushel 939 
 
 Ore: 
 
 fraudulent assay of 563 
 
 fraudulent weighing of 200,438 
 
 iron, hundredweight of 603 
 
 keeping or using false scales for 200, 563 
 
 Oregon, laws of. 640 
 
 Osage orange seed, weight per bushel 939 
 
 Ounce. See also Textiles; Units of weight 
 and measure, 
 of cotton duck or canvas, defined. 221, 426, 484, 905 
 weight or quantity to be marked in ounces 
 per yard 222,427,483,905 
 
 Oysters: 
 barrel for, equivalent in shucked 814 
 
 number of boxes or tubs to 57, 176, 433, 814 
 
 basket, capacity 302,307 
 
 box for, dimensions 57,814 
 
 form of heap 814 
 
 canned, net quantity to be marked 738 
 
 liquid, amount allowed.. 169, 576, 645 
 
 measures for, dimensions 176,187,588 
 
 how filled.. - 176 
 
 must be measured and stamped 57 
 
 unlawful to use other than standard 588 
 
 quantity to be marked 187,576 
 
 sale by count only not applicable when in 
 
 original container 683 
 
 sale by count, liquid measure, or weight.. 169, 645 
 
 sale by wine measure, when 853 
 
 sack capacity 307 
 
 tub for, capacity, dimensions, or form 57, 
 
 157, 176, 187, 343, 433, 549, 688, 738, 853 
 
 may be seized and destroyed, when . 854 
 
 P 
 
 Pails, of lard and lard compounds and substi- 
 tutes, weights established 696 
 
 Paint.deflned 57,222,433,707 
 
 evidence, prima facie, of violation. 487, 620, 683, 771 
 
 quantity to be marked 67, 
 
 130, 186, 222, 387, 434, 620, 683, 707, 839, 852 
 
 Paper stock, packing foreign substances with. 249 
 
 Page 
 
 Paraffine oil , weight per gallon 276, 557 
 
 Parsley, weight per bushel 933 
 
 Parsnips. See also Fruits and vegetables. 
 
 standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 weight per bushel 939 
 
 Paspalum, weight per bushel 933 
 
 Paulins. See Awnings. 
 
 Peach seed, weight per bushel 933 
 
 Peaches. See also Fruits and vegetables, 
 basket, box, crate, or package for, capacity. . 166 
 
 338, 397, 902 
 
 dimensions 118 
 
 other size, how marked 156,339 
 
 dried, weight per bushel 939 
 
 half box or basket, number cubic inches to. . 338 
 
 standard pack for six-basket crate 806 
 
 tolerance on standard packs 806 
 
 weight or number to be marked 203, 397, 869 
 
 per bushel 939 
 
 Peanuts, sale by dry quart and subdivisions. . 337 
 
 weight per bushel _ 939 
 
 weight to be marked on bag 173 
 
 Pearls. See also Stones, precious. 
 
 unit for 16 
 
 Pears. See also Fruits and vegetables, 
 box or package for, net weight or number 
 
 to be marked. 203,869 
 
 dried, weight per bushel 939 
 
 standard barrel for, capacity 751,902 
 
 dimensions 339,751,902 
 
 of less capacity, how marked 339 
 
 other form may be used 751,902 
 
 standard basket or half-basket for, ca- 
 pacity — 338, 902 
 
 of less capacity, how marked 339 
 
 standard box for, capacity 338,902 
 
 dimensions 118,168,557,868 
 
 half box 338 
 
 number to box 806 
 
 of less capacity, how marked 339 
 
 standard crate for, capacity 902 
 
 weight per bushel 939 
 
 Peas. See also Fruits and vegetables. 
 
 black-eye, weight per bushel 933 
 
 green, barrel for, capacity... 338,732,780 
 
 dimensions.. 338,339 
 
 of less capacity 339 
 
 in hull, number of bushels to barrel 732, 780 
 
 unshelled, weight per bushel 940 
 
 shelled, standard basket or box for, capacity 168 
 
 split, weight per bushel 940 
 
 weight per bushel 940 
 
 wrinkled, weight per bushel 940 
 
 Peddler. See Vendors. 
 Penalties. See the specific subject In ques- 
 tion. 
 
 Pennsylvania, laws of... 667 
 
 Peppers, weight per bushel 933 
 
 Perch. See also Units of weight and meas- 
 ure, 
 of stone, number cubic feet to in boats, In 
 
 cars, in piles, or in walls 154 
 
 or mason work, number cubic feet to 126, 
 
 196, 259, 556, 699, 603, 628, 761 
 
964 
 
 INDEX 
 
 Page 
 Petroleum, or petroleum products. See also 
 Gallon; and Pumps, automatic or meas- 
 uring, 
 barrel for, net contents in gallons to be 
 
 marked _ _ 764 
 
 number of gallons to... 445,601,763 
 
 weights and measures used for, to be ac- 
 curate __ _ 804 
 
 Philippine Islands, laws of 697 
 
 Pieplant, weight per bushel 933 
 
 Pig iron, hundredweight of _. 603 
 
 Pineapple, crate for, number cubic feet to 44 
 
 Pipe, number to tun 684 
 
 staves for, dimensions 745 
 
 two hogsheads to 684 
 
 Pitch, barrel for, number gallons to 854 
 
 Plaster, land, weight per bushel 933 
 
 Plastering and lathing, how measured 155 
 
 unit for measuring. 154 
 
 Plank, standard thickness __ 521 
 
 Plums. See also Fruits and vegetables. 
 
 basket, box or crate for, capacity 902 
 
 dimensions 118 
 
 weight to be marked 397 
 
 containers for, not to be refilled 428 
 
 sizes fixed . 428 
 
 sale by dry measure 337, 428 
 
 standard packages for 117 
 
 standard dimensions 118 
 
 weight per bushel 940 
 
 Police powers. See Sealer of weights and 
 
 measures. 
 Pole. See Units of weight and measure. 
 Pork. See Beef or pork. 
 
 Porto Eico, laws of 702 
 
 Postal balances, to be furnished certain post 
 
 offices 44 
 
 Porter, barrel for and subdivisions, number 
 
 gallons to 901 
 
 tolerance on to be prescribed 902 
 
 Potatoes. See also Barrels; Fruits and vege- 
 tables. 
 
 allowance for dirt or shrinkage 806 
 
 bag or sack, net weight of 649,866 
 
 weight to be marked, when 173, 866 
 
 barrel of, capacity 732, 751, 780, 902 
 
 dimensions 339,604,751,902 
 
 how marked 604 
 
 of less capacity, how marked 339,751 
 
 other form. _ 902 
 
 weight 142, 288, 319 
 
 weight to be marked... 173 
 
 basket, capacity, of standard 156 
 
 other size to be marked 156 
 
 sweet — 
 
 barrel of, capacity _. 732,780 
 
 dimensions... 339 
 
 of less capacity, how marked 339 
 
 weight 319 
 
 box of, capacity 270 
 
 tolerance on 73, 806 
 
 weight per bushel 940 
 
 Pound. See also Units of weight and meas- 
 ure, 
 imperial 703 
 
 Page 
 Powder, blasting, weight of keg and sub- 
 divisions 285,693 
 
 weight to be marked 693 
 
 Produce and farm products. See also Bar- 
 rels; Baskets; Box; and Fruits and 
 vegetables. 
 
 barrel for, capacity 156,888,890 
 
 r dimensions -..„ 604,888,890 
 
 how marked 604 
 
 of other form.. 888 
 
 other size, how marked 156, 339 
 
 bag or sack, no deduction for, when 649 
 
 weight may be deducted, when 203 
 
 box for, capacity... 363, 518 
 
 dimensions- _ 363,618,715 
 
 half box 363,715 
 
 how marked 363, 518, 715 
 
 containers or receptacles for, may be estab- 
 lished 55,. 82, 117, 193, 
 
 203, 221, 441, 467, 543, 585, 680, 736, 772, 909 
 
 other size containers _ 585 
 
 rules and regulations may be promul- 
 gated 193, 203, 245, 504, 585, 681, 736 
 
 tolerances to be fixed 55, 82, 221, 505, 772, 792 
 
 unlawful to use others 55,442,467,681 
 
 inspectors of, licensing 911 
 
 net weight or net count may be established 
 
 for 792 
 
 scales for weighing, annual test 80 
 
 Prunes, standard packages for... 117 
 
 dimensions lis 
 
 Pumps, automatic or measuring. See also 
 Weights and measures and weighing and 
 measuring devices: 
 
 denned 261 
 
 evidence, breaking seal is prima facie 804 
 
 may be seized for, when 764 
 
 short deli very is prim a facie 647 
 
 fees for testing 191,359,481,716 
 
 inspection and test 129, 170, 174, 218, 445,716, 764, 804 
 
 before use 218,717 
 
 by owner. 218,647 
 
 every 6 months 445 
 
 every 30 days. 174 
 
 may be condemned or seized 174, 
 
 218, 445, 716, 764, 804 
 
 may be destroyed 764 
 
 measure for test or use. 174, 218, 647, 716 
 
 license for use required 261 
 
 operated at three speeds 804 
 
 sealing of 129,764 
 
 tolerance on _ 174 
 
 Quinces, standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 standard packages for, dimensions 117, 118 
 
 weight per bushel 940 
 
 Quintal offish, number pounds to 362 
 
 Radish seed, weight per bushel 933 
 
 Rags, packing foreign substances with 249 
 
 Rapeseed, weight per bushel 940 
 
INDEX 
 
 965 
 
 Page 
 Raspberries. See Berries and small fruit. 
 Records, State official to provide system of. - 456 
 
 Red top seed , weight per bushel - - - 940 
 
 Reports. See Sealer of weights and measures. 
 
 Rhode Island, laws of 710 
 
 Rhubarb, fresh, may be sold by bunch 169,362 
 
 weight per bushel - 940 
 
 Rice: 
 
 barrel of, tare on — 183 
 
 weight and tare to be marked 487 
 
 rough, weight per bushel - 940 
 
 tierce, tare on_ - - 183 
 
 Rice bran, weight per bag or sack 799, 815 
 
 Rice corn, weight per bushel - 936 
 
 Rice polish, weight per sack 799 
 
 Rod. See Units of weight and measure. 
 
 Root crops, weight per bushel --- 933 
 
 Roots, standard measure for, capacity, form, 
 
 and dimensions 461 
 
 heaped measure used 461 
 
 Rosin, barrel for, number pounds to 180 
 
 Rules and regulations for, appliances and ac- 
 cessories, maybe made 475,896 
 
 approval of type of apparatus to be made.. 678 
 
 barrel, for lime 27 
 
 standard for cranberries — 21 
 
 standard for fruits and vegetables 21 
 
 baskets, boxes, hampers, etc., to be made.. 32, 
 
 245, 271, 403, 542, 609 
 
 bottles for milk and cream, may be made.. 900 
 
 containers for farm products, may be made. 193 , 
 
 203, 245, 504, 585, 681, 736 
 
 food in packages marking net quantity 17, 
 
 113, 545, 734 
 
 food or other commodities, marking net 
 quantity or exemption of small pack- 
 ages, may be made... 17, 113, 143, 212, 263, 366, 
 515, 531, 545, 674, 706, 734, 821, 832, 845, 886, 
 928. 
 size, weight, or shape of packages, may be 
 
 made - 596 
 
 guidance of sealers of weights and measures 
 
 may be issued 50, 
 
 64, 98, 136, 170, 194, 207, 219, 231, 273, 313, 393, 
 459, 475, 480, 499, 511, 530, 566, 643, 670, 678, 
 703, 775, 791, 818, 832, 849, 862, 883, 896. 
 
 leather measuring devices, to be made 357 
 
 meters, electric, gas, or water, or public util- 
 ities, service, may be made 133, 
 
 204, 225, 250, 391, 472, 506, 599, 623, 661, 708 
 
 taximeters, may be made 357 
 
 track scales, testing, may be made 767 
 
 track scale testing device, may be made... 445 
 
 weighers, public, or public scales.. 198,466 
 
 weighing or measuring grain may be made. . 224, 
 
 444, 745 
 weighing, hay and straw may be made.. 283,423 
 
 weighing, livestock, may be made 38 
 
 weighing, railroad cars or freight, may be 
 
 made... 225, 417, 490, 599, 825, 915 
 
 weighmasters, public, to be made 501 
 
 United States, recognized or adopted — 
 
 food packages 366, 545, 736 
 
 National Bureau of Standards, for stand- 
 ard barrel for fruits and vegetables... 170, 
 
 237,403 
 
 Page 
 Rules and regulations for— Continued. 
 United States, recognized or adopted— Con. 
 National Bureau of Standards, for 
 
 standard cranberry barrel 170, 237 
 
 for weights and measures and weighing 
 
 and measuring devices 95, 
 
 219, 475, 643, 792, 849, 883 
 
 Rutabagas, weight per bushel 940 
 
 Rye, bag or sack, weight fixed 54 
 
 weight per bushel 940 
 
 Rye meal, weight per bushel 940 
 
 Sack. See Bag or sack. 
 
 Sage, weight per bushel 933 
 
 Salads, weight per bushel 933 
 
 Salt: 
 
 barrel of or for, forfeiture for shortage 785 
 
 gross and tare weights to be branded. . 251, 856 
 
 how made 618, 855 
 
 net weight 691 
 
 to be marked 618 
 
 tare on 619, 856 
 
 time allowed before weighing 856 
 
 hogshead of, number of bushels to 318 
 
 measurers of, duties, election and fees 726 
 
 sale by weight 236 
 
 weight per bushel-- 941 
 
 Sand: 
 
 bank, weight per cubic yard 216, 799 
 
 torpedo, weight per cubic yard 216, 799 
 
 undefined, weight per cubic yard 142 
 
 weight per bushel-. 941 
 
 Sauerkraut, how sold 236 
 
 Scalage. See also Textiles, 
 unlawful to deduct for in weighing cotton.. 84, 
 183, 306, 432, 587, 739, 786 
 Scales. See also False weights and measures; 
 Fees and compensations; Sealer of 
 weights and measures; Testing weights 
 and measures; Weights and measures 
 and weighing and measuring devices. 
 
 apothecaries, annual test. 358,457 
 
 cotton — 
 
 ginners to keep 85 
 
 no deduction for scalage 84, 
 
 183, 306, 432, 587, 739, 786 
 
 testing 86, 183 
 
 cream test, accuracy or sensibility 435, 
 
 638, 659, 878 
 
 family, prohibited in commercial use 336 
 
 ice, graduations required jgg 
 
 refusing or neglecting to provide... 365 
 
 test of 546 
 
 wagons must carry 304,557 
 
 livestock... 284,418,472,490,915 
 
 mine — 
 
 false or fraudulent use or tests 59 
 
 286, 346, 449, 474, 602, 639, 930 
 owner or operator to provide or maintain. 58 
 91, 133, 229, 255, 266, 286, 296, 345, 449, 473,' 
 563, 816, 829, 879, 892, 929. 
 
 neglecting or refusing 286 
 
 standards for testing 58,92,134,229 
 
 255, 345, 409, 450, 473, 601, 624, 639, 879, 893,' 929 
 
 testing _. 5g ( 
 
 91, 134, 228, 255, 286, 296, 345, 409, 450, 473,' 
 601, 639, 667, 670, 696, 789, 816, 829, 892, 929. 
 
966 
 
 INDEX 
 
 S cales— Continued . 
 mine— continued. Page 
 
 testing, by mine inspector or official 68 
 
 91, 134, 228, 409, 450, 473, 601, 639, 789, 816J 
 829, 892, 928. 
 
 by sealer ._ 133,667,670,696,892 
 
 upon request .. 91, 228, 473, 601, 624, 892 
 
 weighing cars at standstill 828 
 
 motor vehicle, counties may provide 176 
 
 personal weighing, annual test 713 
 
 fee for testing 713 
 
 public, including hay, coal and wagon ca- 
 pacity 466,697 
 
 certificate 146,199 
 
 cities and towns, may install, maintain, 
 
 or regulate 52, 
 
 129, 198, 220, 289, 290, 298, 414, 415, 463, 
 555, 563, 576, 598, 736, 760, 836, 925, 926. 
 
 must be sealed _ 572 
 
 test of 80,116,630,712 
 
 tolerance may be fixed 925 
 
 counties may install or maintain 199i 
 
 252, 466, 481, 597, 925 
 
 court may designate 686 
 
 defined 261 
 
 fee for testing 469 
 
 providing or furnishing 762 
 
 by weigher 629 
 
 by railroads, when 444 
 
 test of 482 
 
 annual 358 
 
 by sealer _ 415 
 
 every three months 629,686 
 
 every six months 712,714 
 
 other times 591,630 
 
 supervision of _ _. 469 
 
 variations in weighing coal 572, 685, 826, 925 
 
 township or village may install or main- 
 tain 198,401,481 
 
 weighmasters or weighers for 146, 
 
 170, 198, 481, 482, 597, 665, 836 
 
 tolerance on 190, 414, 572, 595, 635, 686, 826, 925 
 
 track — 
 
 capacity required _.. 768 
 
 certificate of test 83,266,491 
 
 discontinuance of 769 
 
 fees for repairing to be fixed 767 
 
 fees for testing 61, 66, 
 
 191, 262, 282, 322, 445, 470, 555, 592, 767, 872 
 
 fees for testing may be fixed 445,874 
 
 fees for weighing to be fixed 418 
 
 master, installation of 417 
 
 providing, installing or maintaining 416, 
 
 423, 443, 599, 768 
 
 by railroads 83, 
 
 188, 265, 283, 491, 599, 665, 747, 872, 873, 874 
 
 sealing devices for 416,660,766 
 
 supervision of ___ 416, 
 
 417, 469, 490, 660, 665, 748, 766, 863, 868 
 
 cost of, charged to common carriers 416 
 
 test cars or devices — 
 
 may be taken outside of State 871 
 
 purchase of. 282,417 
 
 railroads to provide, when 445, 871 
 
 railroads to transport without charge.. 282, 
 417, 445, 660, 871 
 
 Scales— Continued, 
 track— continued. Page 
 
 testing 225, 469, 660, 712, 767, 825, 874 
 
 at coal mines... 228,409,473 
 
 by State or local agency 282,454,915 
 
 may be condemned 454 
 
 railroads to provide facilities for 445,871 
 
 test weights to be provided for 228 
 
 409, 473, 601, 624 
 
 upon request 282,766 
 
 weighing of cars or freight on, before and 
 
 after loading 284,829 
 
 charge for 266 
 
 railroads refusing or neglecting 266 
 
 regulations may be made 417, 
 
 507, 622, 766, 825, 872 
 
 separately 188,266,284,492,635,872 
 
 together, when 188 
 
 upon request.. 265,747 
 
 variations allowed in reweighing cars 635, 827 
 warehouse — 
 motor vehicles and other facilities may 
 
 be furnished for testing of 770 
 
 repair of, hourly rate. 770 
 
 sealing of. 769 
 
 subject to test by sealer.. 223 
 
 test of 282, 
 
 420, 443, 469, 558, 562, 633, 769, 785, 913 
 
 upon request 420 
 
 tester of, appointment 469 
 
 warehouses to provide and maintain 294, 
 
 444, 785 
 
 Screw thread commission, created 46 
 
 duties 46 
 
 members of 46 
 
 Scribner's rules for measuring logs and 
 
 timber. See Logs. 
 Scruple. See Units of weight and measure. 
 Sealer of weights and measures. See also 
 Appliances and accessories; False weights 
 and measures; Fees and compensations; 
 Scales; Sealer of weights and measures; 
 Standards; Testing weights and measures; 
 Vendors; Weights and measures and 
 weighing and measuring devices; Wagons, 
 badges or insignia of office to be provided.. 531, 
 
 843, 899 
 city or town- 
 appointment or term of office 50, 
 
 51, 64, 65, 138, 140, 209, 231, 261, 300, 314, 317, 
 334, 355, 393, 394, 512, 528, 567, 613, 668, 711, 
 719, 777, 796, 800, 819, 841, 864, 884, 897. 
 
 expenses allowed 355,669 
 
 powers and duties of... 51, 
 
 65, 138, 180, 209, 232, 261, 299, 315, 356, 
 359, 394, 456, 512, 567, 574, 776, 794, 820, 842, 
 885, 897. 
 
 salary 232,300,668 
 
 county- 
 appointment or terms of office 50, 
 
 99, 112, 126, 137, 149, 231, 393, 451, 528, 
 529, 567, 580, 582, 668, 776, 841, 884. 
 
 by county and city 51, 232, 394, 669, 778 
 
 by two or more counties 51, 
 
 138, 231, 394, 669, 777, 841 
 
 expenses allowed 669 
 
 powers and duties 50, 79, 137, 149, 179, 
 
 232, 273, 393, 567, 580, 591, 611, 776, 842, 885 
 salary 99, 100, 231, 232, 668, 776 
 
INDEX 
 
 967 
 
 Sealer of weights and measures— Continued. Page 
 functions exercised by — 
 
 alcalde — 704 
 
 constables 80 
 
 county auditor 238,451,611 
 
 county clerks 273,437,451 
 
 food and drug inspector 774 
 
 marshal 80 
 
 ordinaries 179 
 
 proctors 429 
 
 provincial treasurer.. 698 
 
 sheriff.... 190, 553, 629, 844 
 
 State policemen 135 
 
 town treasurer.. 831 
 
 weighmasters 554 
 
 impersonating, hindering, or obstructing 52, 
 
 69, 75, 105, 139, 164, 197, 210, 234, 274, 300, 306, 
 355, 357, 371, 395, 412, 459, 479, 498, 513, 535, 
 558, 593, 628, 646, 647, 670, 699, 720, 734, 757, 
 758, 778, 801, 804, 820, 833, 843, 865, 886, 899, 
 923, 924. 
 
 police powers of 50, 
 
 52,63,65, 68, 103, 105, 136, 137, 139, 150, 170, 
 208, 210, 233, 237, 300, 314, 317, 394, 395, 412, 
 454, 460, 479, 512, 513, 567, 670, 715, 733, 757, 
 758, 778, 792, 796, 819, 820, 831, 842, 843, 863, 
 865, 883, 886, 899, 923. 
 reports of — 
 city and town sealers- 
 annual - 66, 101, 
 
 198, 209, 232, 275, 315, 355, 532, 820, 842, 886 
 
 monthly 66,232,456,532,669 
 
 quarterly 898 
 
 semiannually 480 
 
 what to contain 669 
 
 county sealers — 
 
 annual 51, 
 
 101, 138, 232, 275, 394, 532, 567, 777, 842, 886 
 
 monthly 232, 456, 532, 669 
 
 what to contain 669 
 
 district sealer — 
 
 annual 643 
 
 State sealer- 
 annual 62, 
 
 98, 194, 230, 273, 314, 359, 393, 410, 456, 499, 
 667, 682, 711, 774, 775, 791, 841, 862, 882, 922. 
 
 biennial 627, 641, 818, 832, 896 
 
 copy to National Bureau of Standards. 194, 
 
 273, 499 
 
 other times.. 49, 756 
 
 State sealer — 
 administration of functions by — 
 
 board of agriculture 341,392 
 
 board of health 275 
 
 bureau of internal revenue 697 
 
 bureau of standards 626 
 
 chancellor of the university 272 
 
 commissioner, department offarmsand 
 
 markets 566 
 
 commissioner of agriculture 48, 
 
 176, 313, 818, 926 
 commissioner of agriculture and immi- 
 gration 840 
 
 commissioner of agriculture and in- 
 dustries 733 
 
 commissioner of agriculture and labor. 593 
 commissioner of Industries 830 
 
 Sealer of weights and measures — Continued. Page 
 State sealer — Continued, 
 administration of functions by — Contd . 
 
 commissioner of labor 881 
 
 commissioner of labor and industries . . 347 
 commissioner of weights and measures. 510 
 
 dairy and food commissioner 230,895 
 
 department of agriculture 94, 
 
 193, 260, 475, 753, 791, 817, 869 
 
 department of internal affairs 667 
 
 director oftradeand commerce 206 
 
 food and drug commissioner 230 
 
 food and drug inspector 774 
 
 inspector of weights and measures 61 
 
 market agent 650 
 
 railroad and warehouse commission 410 
 
 sealer of weights and measures 497 
 
 sealer of weights, measures, and bal- 
 ances 710 
 
 secretary of agriculture 609 
 
 secretary of Porto Rico 703 
 
 secretary of state. 79, 287, 298, 429, 451, 554, 869 
 
 standard keeper 580 
 
 State chemist 149 
 
 State treasurer 125 
 
 superintendent of police 135 
 
 superintendent of weights and meas- 
 ures 527 
 
 superintendent of weights, measures, 
 
 and markets 162 
 
 powersand duties of 48, 
 
 49, 50, 62, 94, 97, 106, 135, 136, 162, 193, 219, 230, 
 260, 272, 313, 341, 348, 392, 451, 452, 478, 480, 
 497, 498, 511, 530, 580, 610, 642, 650, 667, 703, 710, 
 733, 756, 774, 791, 792, 795, 817, 818, 830, 849, 
 861, 863, 869, 882, 895, 896, 922. 
 
 salary 61, 94, 162, 410, 510, 529, 581 
 
 visiting local sealers or inspecting work.. 49, 
 63, 97, 98, 136, 207, 230, 313, 393, 480, 511, 566, 
 774, 818, 831, 862, 883, 896. 
 witnesses, may compel attendance of. . 682, 882 
 tenure of office — 
 
 civil service status for. 359, 529, 864, 884, 897 
 
 qualifications or fitness for 410, 528, 613 
 
 removal from, procedure in 97, 
 
 233, 669, 794, 841, 899 
 unlawful to sell or be interested in weights 
 
 and measures 68,98,170,219,300 
 
 Sealing devices for track scales 416, 660, 766 
 
 Seed, list of various sold by weight _.. 236 
 
 Section of land, number of acres to 44 
 
 Sheriff: 
 
 exercising functions of sealer 190, 553, 629, 844 
 
 made county weighmasters 553 
 
 sealers to be deputy.. 460 
 
 to enforce act 506 
 
 Shingles: 
 
 cities may measure _ 440 
 
 dimensions 181,324,522,586,746,855 
 
 number to bundle 324 
 
 to round bundle _._ 522 
 
 to square bundle 522 
 
 railroads to provide scales for weighing of.. 873 
 
 slate, underlap for prescribed _. 835 
 
 units of measurement for to bo established. 354 
 unlawful to demand excess number 691 
 
968 
 
 INDEX 
 
 Page 
 
 Shorts, bag or sack of, weight of _ 269,799 
 
 weight per bushel-- - 941 
 
 Shrimp, barrel of, number pounds to 302 
 
 basket for, number pounds to 306 
 
 Shipmasters, weights and measures, to be 
 
 kept by 46 
 
 use of 45 
 
 Shrinkage. See Tolerances. 
 Skein. See Textiles. 
 
 Slack filling of food packages 52,486, 596 
 
 Slate, roofing, underlap prescribed __ 835 
 
 Slot machines, requirements for use _. 164 
 
 type must be approved 373 
 
 Soap, box or package of, net weight to be 
 
 marked 619 
 
 Soapstone, surveyors of, may be appointed .. 372 
 
 Sorghum, weight per gallon 48, 
 
 248, 429, 579, 732, 780 
 
 Sorghum seed, weight per bushel 941 
 
 South Carolina, laws of. 731 
 
 South Dakota, laws of , _ 749 
 
 Spaulding's table. See Logs. 
 Specifications. See also Babcock or other 
 test for milk and cream, 
 for clinical thermometers to be promul- 
 gated _ 143 
 
 for graduated glassware, to be established. . 358 
 specifications and tolerances for weights 
 and measures and weighing and 
 measuring devices — 
 
 adopted or may be fixed by States 95. 
 
 170, 219, 230, 234, 313,459, 475, 516, 534,566' 
 643, 670, 678, 703, 792, 832, 849, 883, 896. 
 of National Bureau of Standards adopted 
 
 or recognized 95, 
 
 170, 219, 475, 643, 792, 849, 883 
 
 to be established with advice of 313, 
 
 459, 516, 832 
 
 Spelt or speltz, weight per bushel 941 
 
 Sperm oil, weight per gallon 276, 557 
 
 Spices, bulk, how sold 236 
 
 Spinach, how sold 169,236 
 
 standard barrel for, dimensions 339 
 
 of less capacity, how marked 339 
 
 weight per bushel 941 
 
 Spirits, number gallons to barrel 43 
 
 proof, defined 43 
 
 standard gallon used in sale of... 43 
 
 Spool. See Textiles. 
 
 Stain. See Paint. 
 
 Stamps and brands. See Testing weights 
 
 and measures. 
 Standards: 
 city and town- 
 apothecaries weights and measures 356 
 
 care and custody 50,64, 
 
 101, 135, 140, 209, 232, 261, 314, 349, 387, 393, 
 430, 512, 530, 670, 794, 820, 841, 863, 885, 897. 
 
 comparison with county 613 
 
 comparison with State— 
 at indefinite times. . . 193, 260, 272, 640, 667, 669 
 
 once in five years 49, 
 
 198, 207, 313, 315, 392, 480, 611, 530, 566, 
 778, 818, 830, 862, 882, 895. 
 
 once in 10 years _ 354 
 
 once in three years 354, 610, 712 
 
 Standards— Continued. Page 
 
 city and town — continued, 
 comparison with State— continued. 
 
 once in two years 62, 
 
 96, 101, 135, 230, 275, 793, 896 
 
 duplicate 316,356 
 
 furnishing or procuring 64, 
 
 96, 101, 138, 140, 198, 209, 261, 393, 429, 48o] 
 532, 610, 611, 669, 710, 777, 792, 831, 841, 863 
 885, 896. 
 
 list of. 349, 430, 480, 611, 710 
 
 may be insured 349 
 
 county — 
 
 care and custody 50, 
 
 101, 137, 153, 157, 232, 273, 334, 393, 430, 431* 
 530, 567, 580, 592, 612, 670, 731, 841, 885. 
 
 charge for testing and sealing 79 
 
 comparison with State — 
 
 at indefinite times ug t 
 
 153, 193, 260, 272, 640, 667, 669 
 
 once in five years 49 ; 
 
 313, 392, 451, 530, 566, 777, 862, 882 
 
 once in three years 610 
 
 once in two years 96, 101, 135, 230 
 
 duplicate 97 
 
 furnishing or procuring 47 j 
 
 49, 79, 96, 101, 125, 137, 179, 190, 238, 273^ 
 287, 393, 429, 437, 532, 554, 579, 580, 591, 610, 
 611, 669, 731, 777, 841, 885. 
 
 list of. 47, 238, 273, 430, 437, 579, 580, 611 
 
 customhouse- 
 furnished e 
 
 repairs and adjustments to 7 
 
 electrical- 
 Federal 9 
 
 State 196, 268, 476, 708 
 
 international, custody of. xi 
 
 metric- 
 furnished to agricultural colleges 6 
 
 furnished to States g 
 
 national — 
 
 care and custody 5 
 
 comparison with international n 
 
 international prototype meter and kilo- 
 gram regarded as 7 
 
 troy pound of the mint 40 
 
 provincial- 
 care and custody 698 
 
 comparison with fundamental 698 
 
 furnishing or procuring 698 
 
 furnishing to municipal districts 703 
 
 State 4g 
 
 49, 61, 79, 95, 109, 125, 135, 149, 162, 173, 179,' 
 191, 194, 206, 230, 257, 268, 287, 298, 313, 334, 
 349, 387, 392, 410, 429, 460, 475, 494, 510, 525, 
 532, 553, 565, 579, 594, 603, 640, 667, 703, 710, 
 731, 749, 774, 792, 797, 818, 830, 840, 861, 881, 
 895, 922. 
 
 care and custody 43 
 
 62, 79, 95, 109, 125, 135, 149, 162, 193, 206, 23o] 
 260, 272, 287, 298, 313, 348, 387, 392, 410, 429, 
 451, 475, 498, 510, 530, 532, 554, 566, 579, 594, 
 610, 626, 667, 703, 710, 749, 774, 775, 792, 818, 
 830, 841, 861, 881, 895, 922. 
 comparison with national — 
 
 at indefinite intervals 410,626 
 
 once in five years 349 
 
INDEX 
 
 969 
 
 Standards— Continued. Page 
 
 State — Continued, 
 comparison with national — continued. 
 
 once in 10 years 49, 
 
 62, 95, 135, 193, 207, 230, 260, 272, 313, 349, 
 392, 451, 498, 510, 530, 566, 641, 749, 775, 
 792, 818, 830, 841, 862, 882, 895, 922. 
 duplicate- 
 office or secondary. 62, 
 
 96, 206, 567, 626, 756, 793, 817, 840, 881 
 
 comparison with State, annually... 627, 
 
 206, 756, 817, 840, 881 
 
 working... 206,313,756,817,840,881 
 
 comparison with office, annually 206, 
 
 756, 817, 840, 881 
 
 comparison with State, annually 922 
 
 furnished by resolution of Congress. 6 
 
 list Of 206, 348, 554, 565, 593 
 
 repairs and adjustments to 7 
 
 replacing standards... 7 
 
 thermometers, clinical — 
 duplicate, office, standard comparison 
 
 with State. 143,350 
 
 standard test by National Bureau of 
 
 Standards 143, 350 
 
 tolerance on standards, submitted to 
 National Bureau of Standards, to be 
 
 fixed - 6 
 
 Standard keepers. See Sealers of weights 
 
 and measures. 
 Statute of limitation, no action to be com- 
 menced after one year 679 
 
 Staves. See also Barrels. 
 
 butt dimensions 325,855 
 
 cities may make regulations regarding 
 
 measurement of 180 
 
 may measure 440 
 
 dimensions for barrels 181, 325, 522, 745, 855 
 
 for barrel for turpentine 180 
 
 for hogsheads 181,325,522,855 
 
 for pipes 181,325,745,855 
 
 Steel, sheet and plate, standard gauge 
 
 adopted for custom purposes 38 
 
 tolerance allowed 39 
 
 Steelyards, approval of 350 
 
 Stockyards. See Livestock. ' 
 Stone: 
 cities may provide for weighing or measur- 
 ing of 440,463 
 
 crushed, weight per cubic yard 216 
 
 perch of, number of cubic feet to... 125, 
 
 196, 259, 556, 599, 603, 628, 761 
 number cubic feet to in boats, in cars, in 
 
 piles, or in walls 154 
 
 Stones, precious: 
 
 carat legal weight for ., 16,387 
 
 customs service 16 
 
 troy pound, unit for weighing 70 
 
 Straw: 
 
 baled, deduction for baling material 725 
 
 how marked 572 
 
 tare on 688,725 
 
 tolerance on - 72,672 
 
 weight to be marked 260,269,688 
 
 scales, sealed to be used 572 
 
 ton, number pounds to 248,340 
 
 Straw— Continued. Page 
 
 tolerance for shrinkage and scale variations . 725 
 
 weighers of, appointment and duties 326,423 
 
 impersonating 424 
 
 neglect of duty 425 
 
 removal 424 
 
 weighing, rules and regulations to be estab- 
 lished for _ 283,423 
 
 weight, gross and tare to be marked _ 725 
 
 sale by 558,752 
 
 Strawberries. See Berries and small fruits. 
 Struck measure. See Measures. 
 
 Sugar, barrel of, forfeiture for shortage 785 
 
 tolerance on _ 73 
 
 weight to be marked.. _ 487 
 
 Sunflower seed, weight per bushel 933 
 
 Surveyor: 
 chain — 
 
 fees for testing 581 
 
 length in varas _ 814 
 
 neglecting or refusing to verify 672 
 
 number of perches to 44 
 
 standards of length for, established 320, 
 
 672, 814 
 
 to be standard 551,782,814 
 
 to be tested, when 581,672 
 
 compass, to be verified annually 320 
 
 evidence, to be given, when 575, 612 
 
 fees for testing apparatus 378,581 
 
 linear measuring apparatus to be tested 
 
 annually 321,378 
 
 meridian for, established 320,672,814 
 
 T 
 
 Tan bark, number pounds to cord 179 
 
 Tankage, sack of, net weight 269 
 
 Tanks, fuel, marked capacities to indicate 
 
 true capacity 645 
 
 Tar, barrel for, number gallons to 854 
 
 Tare: 
 
 actual to be allowed 183 
 
 false or fraudulent marking of.. _ 60, 
 
 111, 158, 200, 427, 463, 559, 576, 598, 617, 633, 
 706,761,855. 
 
 grain, to weigh without 225 
 
 on barrels, boxes, etc., to be marked 184, 
 
 251, 487, 488, 550, 617, 619, 855 
 on barrel of— 
 
 ashes. l 619 
 
 salt 619,856 
 
 on cotton, bagging and ties 54, 
 
 84, 182, 185, 519, 650, 739, 740, 787 
 
 on hay or straw for bailing material 688, 725 
 
 on hops, bale of 571,650,869 
 
 sacking, for, weight 571,650,869 
 
 on rice 183 
 
 on tobacco 619 
 
 Tariff act, weight per bushel of commodities 
 
 fixed by 43 
 
 Taximeters: 
 
 fees for testing 359 
 
 may be condemned or seized 357 
 
 rules and regulations concerning to be 
 
 made -- 367 
 
 tested as to correctness of measures and 
 values 357 
 
970 
 
 INDEX 
 
 Page 
 Tennessee, laws of 774 
 
 Teosinte, weight per bushel 933 
 
 Terrapin, quantity to be marked — 738 
 
 Test car. See also Scales, track. 
 
 may be taken outside of State 871 
 
 procuring of ..1 282,417,660 
 
 railroads to provide, when 445,871 
 
 railroads to transport without charge 282, 
 
 417, 445, 660, 871 
 Testing weights and measures. See also 
 False weights and measures; Fees and 
 compensations; Scales; Standards; Seal- 
 er of weights and measures; and Weights 
 and measures and weighing and measur- 
 ing devices. 
 
 at State or educational institutions 4y, 
 
 97, 136, 207, 230, 272, 355, 392, 452, 479, 511, 532' 
 566, 642, 756, 776, 793, 818, 831, 862, 883, 895. 
 cities and towns may provide for regulating, 
 
 inspecting or sealing 52, 
 
 129, 198, 220, 289, 290, 298, 414, 415, 463, 563, 
 576, 598, 736, 760, 836, 925, 926. 
 
 sealing or marking 50, 
 
 104, 190, 233, 260, 273, 317, 334, 353, 354, 359. 
 392, 457, 459, 462, 469, 479, 481, 498, 499, 512, 
 520, 568, 580, 591, 592, 610, 612, 626, 629, 636, 
 640, 642, 644, 657, 660, 669, 679, 689, 695, 697, 
 699, 703, 706, 711, 712, 714, 716, 723, 728, 756, 
 757, 796, 819, 832, 842, 864, 884, 898. 
 unlawfully altering or removing marks or 
 
 brands 163, 
 
 191, 234, 264, 299, 353, 395, 479, 498, 535, 660, 
 696, 700, 800. 
 standards of institutions and private firms. 49, 
 62, 207, 230, 260, 272, 357, 392, 410, 511, 566, 610, 
 626, 642, 682, 775, 831, 883, 895. 
 
 may condemn same, when 357 
 
 trade weights and measures — 
 
 apothecaries 358, 457 
 
 refusing or neglecting to have tested 80, 
 
 105, 151, 163, 274, 300, 336, 357, 459, 499, 507, 
 535, 671, 704, 714, 734, 781, 801, 833. 
 
 sealing incorrect apparatus.- 499, 706 
 
 sealing or condemning without test 106, 
 
 275, 456, 499, 778, 801, 832 
 
 testing, annually 50, 
 
 63, 80, 103, 140, 149, 208, 232, 298, 315, 334, 
 335,350,356,358,394, 411, 452, 454, 512, 531, 
 580, 591, 642, 699, 712, 776, 781, 796, 819, 897. 
 
 at indefinite periods 80, 
 
 179, 437, 453, 613, 670, 733, 704 
 
 at other periods 150, 191, 262, 275, 757, 923 
 
 semiannually 65, 
 
 137, 162, 190, 335, 554, 567, 842, 883 
 
 upon request or complaint 79, 
 
 80, 102, 149, 150, 163, 179, 193, 207, 208, 238, 
 260, 262, 272, 316, 353, 358 387, 392, 452, 498, 
 531, 554, 593, 758. 
 
 Texas, laws of 791 
 
 Textiles: 
 cotton — 
 bagging and ties, deduction for, or weight 
 
 Of. 54, 84, 182, 185, 519, 650, 739, 740, 787 
 
 not to exceed actual weight 787 
 
 number yards to bale 84 
 
 bale, minimum weight 740 
 
 Page. 
 Textiles — Continued, 
 cotton— continued, 
 bale, round, deduction for bagging and 
 
 ties, not applicable, when 739 
 
 tare on 739 
 
 fraudulently packing or increasing 
 
 weight- 186, 462, 558, 575, 739, 761, 927 
 
 scales— 
 
 ginners to keep accurate 85 
 
 testing annually - 86 
 
 testing every 30 days 183 
 
 weigher, appointment of, duties 86, 
 
 182, 265, 721, 741 
 
 weighing, fees for 85, 
 
 87, 183, 185, 588, 740, 741, 742, 786, 921 
 
 separately 89 
 
 track scales for, railroads to keep 83 
 
 using untested weights and measures.. 55 
 
 weight, actual to be accounted . 432 
 
 deducting for scalage prohibited 84, 
 
 183, 306, 432, 587, 739, 786 
 
 deducting from 56, 182 
 
 gross to be stated 182 
 
 to be marked 89, 562, 632 
 
 cotton duck or canvas- 
 defined 484 
 
 ounce defined 221, 426, 484, 905 
 
 standard yard... 221,426,905 
 
 unlawful to conceal size or dimensions— . 484 
 weight or quantity to be marked in 
 
 ounces per yard-- 222, 427, 483, 905 
 
 cotton goods, selling less quantity 340 
 
 cotton, wool, linen, or silk goods, weight or 
 
 measure to be stated 212, 822, 846 
 
 thread, cotton, on skein, spool, ball, or 
 holder, contents to be stated in weight 
 
 or length 145 
 
 tolerance on..- 146 
 
 cotton, flax, linen, silk or wool on spool, 
 skein, ball, or holder- 
 length to be stated, when 546, 574 
 
 tolerance on. 374, 547, 574 
 
 weight or measure to be stated 146, 
 
 212, 373, 546, 574, 822, 846 
 
 number of yards to be stated 721 
 
 twine, number of feet to pound to be 
 
 marked 265,399,486 
 
 tolerance on 265,399 
 
 weight to be marked 616 
 
 wool, license to weigh 265 
 
 on spool or similar holder, net weight or 
 
 measure to be marked— -. 821 
 
 woolen goods, unlawful to sell for larger 
 
 quantity than actual 340 
 
 Thermometers: 
 clinical, designating mark for manufac- 
 turer 144 
 
 fees for testing 350 
 
 may be condemned and seized, when— 143, 350 
 
 sealing by manufacturer 350 
 
 specifications and tolerances for to be pro- 
 mulgated — 143,350 
 
 State standard, testing of 143,350 
 
 unlawful to sell unsealed 350 
 
 comparison of, at International Bureau of 
 
 Weights and Measures 11 
 
 Thread. See Textiles. 
 
 Tickets, sales, requirements as to 164 
 
INDEX 
 
 971 
 
 Page 
 
 Tierce for fish, how made - 145 
 
 Timber. See also Logs; and Lumber, 
 cities and towns may make regulations for. 180 
 
 county surveyor to be inspector of 90 
 
 how sold 693, 746 
 
 inspector, duties of - - 90,746 
 
 marking contents on logs 326 
 
 round, number board feet to cubic foot 522 
 
 rules for measurement of 746,835 
 
 allowance for rotten 181 
 
 Doyle or Scribner's rule 430,891 
 
 round 521,522,701,835 
 
 square '- 181, 693, 701 
 
 ton, number cubic feet to 521 
 
 weighing on two or more cars. 188 
 
 Time; standard - 148, 
 
 161, 333, 524, 624, 694, 773, 839, 909, 927 
 
 standard for territorial zones 45 
 
 zones, definition of limits 45 
 
 to govern common carriers 45 
 
 Timothy, or herd's grass, sale by weight, 
 
 when - 368 
 
 seed, weight per bushel 941 
 
 Tobacco: 
 fraudulently increasing weight of package.. 709 
 
 hogshead, size of 344 
 
 license to weigh 265 
 
 net quantity and tare to be marked 619 
 
 net weight to be marked 344,487,857 
 
 packing less than lawful weight 249 
 
 weighing at warehouses 296, 343, 588, 620 
 
 Tolerances: 
 of National Bureau of Standards— 
 for standards, submitted for test, limits to 
 
 be fixed -- 6 
 
 for standard barrel 22,404 
 
 for weights and measures and weighing 
 and measuring devices, adopted or 
 
 recognized by States. 95, 193, 219, 
 
 313, 403, 459, 475, 516, 643, 792, 832, 849, 883 
 
 on bacon - -- 73 
 
 on boilers, range.. 377 
 
 on bread, for individual loaves 74, 106, 141, 
 
 166, 192, 239, 465, 614, 651, 804, 851, 866, 903 
 
 in excess only 74, 106 
 
 may be fixed 239, 360, 571, 614, 707, 763, 851 
 
 on butter. 73, 722 
 
 allowance for absorption of brine 722 
 
 on coal, anthracite, allowance for foreign 
 
 substances in... 519 
 
 for maximum shrinkage. 635,925 
 
 for variations in scales or weighing 572, 
 
 635, 685, 826, 926 
 
 for wastage 672 
 
 in carloads 635,826,827 
 
 on coins 41 
 
 due to abrasion.. 41 
 
 on coke or charcoal, for variation in scales.. 672 
 
 for wastage 672 
 
 on commodities, certain, may be fixed 73, 
 
 414, 634, 779, 783, 792, 925 
 
 in containers or packages, may be fixed. . . 73, 
 
 96, 197, 212, 263, 272, 366, 456, 497, 515, 615, 
 
 647, 674, 706, 779, 783, 785, 792, 839, 845, 886 
 
 for evaporation, leakage or waste 197, 
 
 272, 456, 497 
 
 Page 
 Tolerances— Continued. 
 on commodities, for food (including exemp- 
 tions as to small packages) 16, 
 
 18, 19, 114, 143, 169, 177, 187, 192, 220, 305, 
 331, 342, 416, 441, 518, 544, 545, 584, 701, 719, 
 735, 765, 786, 821, 824, 839, 850, 870, 908, 928. 
 
 commercial practices allowed 18 
 
 minimum 18,114,734 
 
 variations in manufacturing of bottles.. 18 
 
 for grits.. 184,785 
 
 for ham 73 
 
 for potatoes.. 73 
 
 for sugar 73 
 
 for vegetables.. 73 
 
 maximum _ 783 
 
 trade customs recognized 366 
 
 on containers or the contents — 
 barrels of, or for— 
 
 ale, beer, or porter 902 
 
 cranberries 22-26,403,902 
 
 fruits and vegetables and other dry 
 
 commodities 22-26, 32, 119, 245, 404, 806 
 
 may be fixed.. 271,542,609 
 
 lime 29,30 
 
 malt beverage 365 
 
 baskets or box 31, 271, 464, 542, 609 
 
 for shrinkage 245 
 
 for variations in manufacture 245 
 
 in quantity contained 245 
 
 bottles for distilled water 70 
 
 for food, for variations in manufacturing 18 
 
 for milk and cream 70,213,327, 
 
 351, 399, 526, 569, 724, 752, 887, 900 
 
 to be fixed 673 
 
 hampers, for variations in manufacture. 245 
 
 in quantity contained 245 
 
 may be fixed 609 
 
 to be prescribed for shrinkage of com- 
 modity.. 245 
 
 in general, variations to be permitted 571 
 
 receptacles for farm products, may be 
 
 fixed or allowed. 55, 82, 221, 505, 772, 792 
 
 on cornmeal 73,184,785 
 
 on flour 73,184,785 
 
 on grain for leakage, shrinkage, or loss 73,443 
 
 on hay or straw, baled 72, 572 
 
 for shrinkage and scale variations _ 925 
 
 on iron and steel, sheet and plate 39 
 
 on lettuce in crates 120 
 
 online, bulk 30 
 
 on meters, electric, gas or water.. 64, 
 
 67, 68, 144, 330, 390, 448, 583, 622, 709 
 
 on potatoes for shrinkage 806 
 
 on pumps, automatic 174 
 
 on scales 190, 414, 572, 595, 635, 686, 826, 925 
 
 on standards submitted to National Bureau 
 
 of Standards, limits to be fixed 6 
 
 on textiles — 
 
 thread, cotton linen, or silk 146,374, 547, 574 
 
 twine, binder 265,399 
 
 on thermometers, may be fixed 143,350 
 
 on weights and measures and weighing and 
 
 measuring devices, may be fixed 6, 
 
 95, 170, 219, 230, 234, 313, 459, 475, 516, 534, 
 566, 643, 670, 679, 792, 832, 849, 883, 896. 
 deviation against owner.- 634 
 
972 
 
 INDEX 
 
 Toll. Se« Mills. Page 
 
 Tomatoes: 
 
 basket or box, capacity 166,338 
 
 dimensions." 174 
 
 other size, how marked 156,339 
 
 prohibited 174 
 
 not applicable to local shipments 175 
 
 containers to have net weight marked 120 
 
 crate, dimensions 174 
 
 other size prohibited. _ 174 
 
 not applicable to local shipments 175 
 
 packages for 117 
 
 dimensions 118 
 
 weighing by wagon load 340 
 
 weight per bushel 941 
 
 Ton. See also the specific commodity in 
 question. 
 
 fractional parts 595 
 
 net register 45 
 
 number cubic feet to, how ascertained 45 
 
 number hundredweight to 39 
 
 110, 141, 195, 215, 257, 268, 287, 317, 348, 437, 460^ 
 476, 494, 565, 604, 686, 703, 750, 798, 901. 
 
 number pounds to 111, 
 
 116, 125, 164, 200, 215, 234, 248, 287, 304, 323, 
 339, 368, 414, 430, 461, 463, 496, 556, 565, 572, 
 595, 605, 628, 685, 715, 799, 833, 868, 890, 901. 
 
 gross 39, 157, 339, 525, 703, 868 
 
 of bark, number pounds to 685 
 
 of charcoal, number pounds to... 414, 572, 595, 628 
 of coal, anthracite, gross, number of pounds 
 
 to _. 685 
 
 at mines, number of pounds to 58, 
 
 134,267,346,696 
 
 gross, mandatory use of 39,157,339 
 
 number pounds to 39, 
 
 157, 339, 646, 685, 715, 868 
 
 in the solid, number cubic feet to 128 
 
 net, number pounds to 111, 
 
 116, 164, 200, 248, 304, 323, 339, 368, 414, 430. 
 461,463, 496, 565, 572, 595, 605, 628, 646, 685, 715* 
 717, 868. 
 
 number bushels to 461 
 
 of coke, number pounds to— 248, 323, 572, 628, 717 
 
 of cottonseed, number pounds to 799 
 
 of hay or straw, number cubic feet to 462, 
 
 556, 599, 628, 760, 761, 924 
 
 number pounds to 111, 
 
 116, 200, 248, 340, 425, 461, 463, 556, 599, 628, 
 
 of hemp, number pounds to 288 
 
 of ice, number pounds to 248,414,595 
 
 of lead ore, number pounds to 438 
 
 of lime, number pounds to 628 
 
 of ores, number pounds to 438 
 
 of ship timber, number cubic feet to 521 
 
 of zinc ore, number pounds to 438 
 
 Township, how formed 44 
 
 number square mfies to 44 
 
 Track scales. See Scales. 
 
 Troy. See also Units of weight and measure. 
 
 pound of the, Bureau of Standards 40 
 
 mint 40 
 
 Tub: 
 
 for butter or cheese, how marked 550 
 
 weight to be marked 550,722 
 
 Tub— Continued. p age 
 
 for oysters, capacity, or dimensions of 67, 
 
 167, 176, 187, 343, 433, 549, 588, 738, 853 
 
 form 167,433,549 
 
 how filled 178 
 
 may be seized and destroyed, when 864 
 
 number to barrel 57, 176, 433, 814 
 
 unlawful to use other than standard... 433, 588 
 
 Tun, two pipes to 684 
 
 Turnips. See also Fruits and vegetables. 
 
 barrel for, capacity 732,780 
 
 dimensions 339 
 
 of less capacity, how marked 339 
 
 sale by bunch igg 352 
 
 standard basket for, capacity 156 
 
 other than standard to be marked 166 
 
 weight per bushel 941 
 
 Turpentine: 
 
 barrel for, capacity 180,854 
 
 dimensions of staves iso 
 
 weight of 745 
 
 weight to be marked 745 
 
 net contents to be marked on container 853 
 
 weight per gallon 276,557 
 
 Twine, binder: 
 number of feet to pound to be stated.. 265, 399, 486 
 
 tolerance on 265 399 
 
 weight to be marked 616 
 
 Type of apparatus: 
 
 approval of. 321,354,676 
 
 conditions for 676 
 
 not affecting test of individual apparatus. 679 
 
 not necessary, when 077 
 
 part of mechanism 678 
 
 procedure in 676 
 
 guaranty, effect of 677 
 
 serial numbers for 677 
 
 slot machines, approval of 373 
 
 steelyards, approval of. 350 
 
 term defined 675 
 
 unauthorized 336,455,678,714 
 
 Type-registering beams, grain scales to be 
 equipped with 280 
 
 u 
 
 United States, laws of 5 
 
 United States laws and regulations adopted 
 or recognized concerning: 
 
 apple grading law _ 675 
 
 barrels and containers 170, 
 
 237, 362, 365, 403, 540, 609, 822 
 
 containers for farm products 82, 120, 203 , 
 
 221, 245, 442, 609, 680, 732, 736, 772, 800, 909 
 
 cornmeal, weight of _ _ 53 
 
 electrical units... 195,268,476,708 
 
 food packages 115, 366, 544, 736, 786, 928 
 
 food products. 909 
 
 gauging 721 
 
 grain, seeds and agricultural products 912 
 
 specifications and tolerances for weights 
 
 and measures 95, 193, 
 
 219, 313, 459, 475, 516, 643, 792, 832, 849, 883 
 
 standard time.. 695 
 
 See also National Bureau of Standards. 
 
I 
 
 INDEX 
 
 973 
 
 Page 
 Units of weight and measure. See also Ton; 
 Measures, 
 area- 
 acre, number square chains to 109, 
 
 195, 215, 257, 268, 460, 476, 494, 565, 603 
 
 number square rods to 257, 
 
 460, 476, 565, 579, 603, 684, 749 
 
 number square yards to 579, 797 
 
 number to square mile 109, 195, 215, 257, 
 
 268, 460, 476, 494, 565, 579, 603, 684, 749, 798, 
 
 how measured.. 195, 
 
 215, 257, 268, 460, 475, 494, 565, 603, 749, 797 
 
 cuerda equivalent 702 
 
 hectare 1. 702 
 
 metric units. 8,697,702 
 
 capacity and volume — 
 
 bushel and subdivisions 70, 
 
 109, 110, 141, 195, 206, 215, 258,268, 337, 396, 413, 
 437, 461, 475, 476, 495, 566, 594, 604, 798, 834, 900. 
 
 form or dimensions 1 10, 461 , 604, 684 
 
 heaped, number cubic inches to _. 141 
 
 number of cubic inches to._ 70, 
 
 109, 141, 206, 337, 413, 437, 475, 594, 604, 798 
 
 ratio of height to bottom.. _ 684 
 
 ratio of top to bottom 684 
 
 cubic meter 702 
 
 fluid dram, number to fluid ounce 110 
 
 fluid ounce, number of cubic inches to... 169 
 for measurement of — 
 
 gas 389, 621, 708 
 
 timber, round, equivalent of cubic foot. 521 
 
 water, acre-foot... 489, 
 
 506, 563, 634, 773, 816, 828, 868 
 
 measurement of flow or volume 128, 
 
 204, 473, 489, 506, 563, 634, 773,815,816, 
 828, 868, 927. 
 
 miner's inch 112, 473, 489, 506, 563, 773 
 
 gallon, ale or beer.. 70 
 
 gallon and subdivisions 70, 
 
 109, 110, 141, 169, 173, 195, 206, 215, 257, 
 268, 337, 413, 437, 461, 475, 476, 495, 566, 
 594, 604, 684, 751, 798, 834. 
 
 gallon of 282 cubic inches 70, 141 
 
 liter 8,697,703 
 
 metric units of 8,697,702 
 
 perch number of cubic feet to 196, 494 
 
 electrical, national, ampere, coulomb, farad, 
 
 henry, joule, ohm, volt, and watt 9 
 
 length- 
 chain or link 109, 
 
 194, 268, 460, 475, 494, 551, 565, 581, 603, 749, 797 
 
 furlong number of yards to 684 
 
 line equivalent 44 
 
 meter 8,697,702,703 
 
 metric units of 8,697,702 
 
 mile, number yards to 194, 
 
 215, 257, 268, 460, 475, 494, 565, 603, 684, 749 
 
 number of furlongs to 684 
 
 rod, pole, or perch 109, 194, 
 
 215, 257, 268, 460, 475, 494, 565, 603, 684, 749, 797 
 
 yard and subdivisions 70, 
 
 109, 194, 214, 257, 268, 413, 437, 460, 475, 494, 
 553, 565, 594, 603, 703, 749, 797. 
 
 Page 
 Units of weight and measure— Continued, 
 mass- 
 carat, metric, equivalent 16 
 
 establishment of 16 
 
 standard for diamonds and precious 
 
 stones 387 
 
 cental, number pounds to 365 
 
 hundredweight __ 39, 
 
 110, 141, 195, 215, 257, 268, 287, 317, 348, 
 396, 413, 437, 460, 476, 494, 565, 594, 604, 
 686, 703, 750, 798, 833, 901. 
 
 for pig iron and iron ore 603 
 
 metric units of. 8,697,702,703 
 
 pound, apothecaries — 
 
 dram, number ounces to. no 
 
 grain, number to pound.. 70, no 
 
 ounce, number to pound.. _ no 
 
 relation to troy... no 
 
 scruple, number to dram no 
 
 number grains to.. _ _ no 
 
 avoirdupois and subdivisions — 
 
 grains, number to pound 70, 
 
 110, 141, 215, 475 
 
 ounce, number to no 
 
 257, 460, 603, 685 
 
 relation to troy no, 
 
 141, 215, 257, 348, 460, 494, 603, 798 
 troy and subdivisions — 
 
 grains, number to.. 70,141,215 
 
 ounces, number to no, 
 
 215, 257, 460, 494, 604, 798 
 
 pennyweight, number to ounce 110, 684 
 
 number grains to _ no, 684 
 
 standard for jewels and precious stones. 70 
 
 standard of the mint ._ 40 
 
 quarter, number of pounds to. 685 
 
 scruple, relation to drarn no 
 
 relation to grain no 
 
 ten, gross 39, 157, 339, 525, 703, 868 
 
 number of hundredweight to 39, 
 
 110, 141, 195, 215, 257, 268, 287, 317, 348, 437, 
 460, 476, 494, 565, 604, 686, 703, 750, 798, 901 
 
 number of pounds to m, 
 
 116, 125, 164, 200, 215, 234, 248, 287,304,323, 
 339, 368, 414, 430, 461, 463, 496, 556, 565, 572, 
 595, 605, 628, 685, 715, 799, 833, 868, 890, 901 
 
 legister or net _ 45 
 
 ship timber, number cubic feet 521 
 
 Utah, laws of 818 
 
 Validity. See also Constitutional provisions, 
 saving clauses _ 171, 236, 483, 538, 605 
 
 Vara: 
 
 length of surveyor's chain in 814 
 
 Spanish, equivalent of __ 797 
 
 use of suppressed... 553 
 
 Variations. See Tolerances. 
 
 Varnish. See Paint. 
 
 Vegetables. See Fruits and vegetables; Pro- 
 duce ana farm products, and also the specific 
 commodity in question. 
 
 Vehicle. See Sealer of weights and measures; 
 and Wagon. 
 
974 
 
 INDEX 
 
 Page 
 Vendors, may be stopped for Inspection and 
 
 test of weights ajid measures 50, 
 
 63, 65, 103, 136, 150, 208, 234, 394, 410, 454, 479, 
 512, 567, 668, 670, 767, 776, 796,819, 831, 842, 
 863,897,923. 
 required to keep proper weights and meas- 
 ures 129, 
 
 220, 299, 378, 401, 440, 457, 506, 516, 698, 760 
 
 weights and measures to be tested 126, 
 
 163, 299, 462 
 
 Vermont, laws of . - 830 
 
 Vinegar, bottles for, sizes fixed—.- - 866 
 
 other sizes, net measure to be stated..-.. 866 
 
 quantity to be stated 73 
 
 cans for, quantity to be stated 73 
 
 standard proof for 44 
 
 Virginia, laws of - -— 840 
 
 Volt. See also Electricity, units of. 
 equivalent with reference to Clark's cell.-. 9 
 
 w 
 
 Wagon scales. See Scales, public. 
 Wagons: 
 coal, ice, or delivery, sealer may stop to 
 
 test weights and measures 50, 
 
 63, 65, 136, 150, 165, 208, 234, 260, 317, 454, 
 479, 512, 567, 573, 668, 670, 733, 757, 796,819, 
 831, 842, 863, 883, 897, 923. 
 coal, coke, or charcoal, name of vendor to 
 
 be marked... 165, 718 
 
 must carry or provide scales for sale of ice.. 304, 
 
 365, 557 
 
 Walls, party, method of measuring 154 
 
 Walnuts, standard packages for 117 
 
 dimensions - H8 
 
 weight per bushel --- 941 
 
 Warehouses: 
 
 certificate of, what to contain 34 
 
 inspector and weigher at, appointment of.. 295 
 rules and regulations for management of, 
 
 to be made --- 769 
 
 scales — 
 motor vehicles and other facilities may be 
 
 furnished for testing of 770 
 
 repair of, hourly rate 770 
 
 sealing of - 769 
 
 subject to test by inspector of weights 
 
 and measures - 223 
 
 tes t f 282, 
 
 420, 443, 469, 558, 562, 633, 769, 785, 913 
 
 upon request. 420 
 
 tester of, appointment -- 469 
 
 warehouses to provide and maintain 294, 
 
 444, 785 
 tobacco to be weighted at, when received.. 296 
 
 United States act regarding 33 
 
 weigher not to be interested in products 662 
 
 weighing commodities at 33,662,873 
 
 weighing or inspecting grain at 279, 
 
 663, 664, 770, 873, 876, 912 
 
 weighing at, license to be obtained 471 
 
 weights and measures, to be furnished 800 
 
 to be inspected every two years 335 
 
 Washburn and Moen gauge, standard for 
 
 wire fence 401 
 
 Washington, laws of 861 
 
 Page 
 
 Water, distilled, bottles for 70 
 
 inspection and sealing 71 
 
 tolerance on 70 
 
 inch of, measuring device for irrigation 490 
 
 measurement through orifice defined 125 
 
 miner's inch, defined 112,563,773 
 
 equivalent in cubic feet per minute 112 
 
 equivalent in cubic feet per second 473, 
 
 489,606,563,773 
 
 equivalent in gallons per second 473 
 
 use in future permits prohibited 508 
 
 standard or unit of measurement of flow — 
 
 cubic feet per second 128, 204, 
 
 473, 489, 506, 563, 634, 773, 815, 828, 868, 927 
 
 defined 816 
 
 equivalent in gallons per second 473 
 
 standard or unit measurement of volume — 
 
 acre-foot 489, 506, 563, 634, 773, 816, 828, 868 
 
 acre-foot equivalent in cubic feet per 
 
 second 489, 506, 563, 634, 773, 828, 868 
 
 cubic feet 128 
 
 Watercress, sale by bunch 236 
 
 Watermelons: 
 common carriers to furnish weights of ship- 
 ments 586 
 
 statement of weight or number required... 251 
 Watt. See Electricity, units of. 
 Weighers. See also Fees and compensations. 
 
 at warehouses. 112,588,786 
 
 must keep correct scales 112 
 
 to provide own scales 786 
 
 for corporations, State sealer may appoint.. 833 
 
 rights and duties prescribed 833 
 
 of beef in towns, appointment.,.--- 365 
 
 of boilers, appointment- 366 
 
 of coal, appointment and duties 326, 
 
 368, 714, 828, 836 
 
 of commodities, appointment 376 
 
 of cotton, appointment and duties 86, 
 
 87, 182, 587, 721, 740, 742, 786 
 
 fees -- - 183, 741, 742 
 
 public ginner is 85 
 
 removal of 183 
 
 to provide own scales 786 
 
 unlawful for others to weigh 87 
 
 of fish, appointment and duties 362, 376 
 
 of grain, appointment and duties. 279, 
 
 280, 367, 470, 726, 873, 913 
 
 not to be interested in products weighed- 470 
 
 of hay and straw, appointment and duties. 326, 
 
 368, 423 
 
 impersonating 424 
 
 neglect of duty 425 
 
 removal 424 
 
 of livestock, appointments... 418,722 
 
 public. 306 
 
 qualifications 419 
 
 unlawful interference with 419 
 
 of produce, appointment of in cities 277 
 
 of rice 182,183 
 
 of tomatoes by wagon load 340 
 
 private, provisions applicable to 560 
 
 public, appointment and duties ■ 290, 
 
 306, 366, 440, 466, 560, 561, 629, 737, 761, 802, 808 
 
 certificate of, form of 812 
 
 giving false 466,762,803 
 
 prima facie evidence 802,850 
 
 what to show 560 
 
INDEX 
 
 975 
 
 Page 
 Weighers— Continued. 
 
 public, counties may appoint . 559,807 
 
 qualifications 809 
 
 who are - 802,808 
 
 fees for 632,744,762 
 
 for farm products, appointment... 743, 850 
 
 not to be interested in articles weighed. 560, 630 
 
 others may act, when 561 
 
 removal from office 813 
 
 seal of, form 812 
 
 to provide scales 629 
 
 Weighmaster. See also Checkweighmaster; 
 and Fees and compensations. 
 
 at coal mines, duties and powers 91, 
 
 229, 255, 266, 285, 345, 409, 449, 473, 558, 563, 
 602, 638, 696, 789, 828, 879, 929. 
 
 fruadulent weighing by 696 
 
 at warehouses, appointment and duties.. 420,443 
 
 certificate of, form and contents 107,501 
 
 issuing false.. 108,501,548 
 
 requesting false 108, 501 
 
 to be accepted or recognized as accurate.. 107, 
 
 500, 501, 687 
 
 tor private firms, appointment 548 
 
 for public, appointment and duties 107, 
 
 170, 235, 261, 482, 501, 547, 548, 549, 553, 5G2, 
 597, 686, 925. 
 
 hindering or obstructing 421,558,914 
 
 making false entry' of weight of boat or 
 
 cargo 575, 601 
 
 of grain 279, 913 
 
 railroad or track scale 284, 418 
 
 reweighing upon request 108, 501, 549 
 
 sheriffs are, for counties. 553 
 
 State department to keep record of or as- 
 certain qualifications of those appointed 
 
 as 496,548 
 
 weight, to be true net weight 109 
 
 Weight per bushel. See Appendix 932-942 
 
 Weights and measures and weighing and 
 measuring devices. See also False 
 weights and measures; Fees and com- 
 pensations; Scales; Sealer of weights and 
 measures; and Testing weights and meas- 
 ures and weighing and measuring devices, 
 false, fraudulent, unsealed, or condemned 
 
 apparatus, disposing of 218, 
 
 337,411,823,833,848,864 
 
 false, or fraudulent use of or interference 
 with, altering or using altered, after 
 
 test 151, 163, 336, 671, 700, 706, 714 
 
 may be, confiscated, when 63, 
 
 138, 233, 456, 479, 497, 610, 532, 757, 819, 884, 923 
 
 destroyed, when 63, 
 
 65, 104, 136, 140, 150, 163, 208, 210, 411, 45!), 
 479,497, 510, 533, 559, 56S, 576, 581,598,632, 
 670, 699, 733, 760, 777, 796, 819, 842, 864, 884, 
 898. 
 
 seized or condemned, when 63, 
 
 65, 68, 104, 136. 138, 150, 163, 190, 194, 208, 
 210, 234, 262, 274,316,336,353,358,395,411, 
 457, 479, 497, 535, 559, 668, 575. 591, 592, 597, 
 610, 642, 644, 668,670,704,713,733,767,760. 
 777,782,796, 819, 833,842,864,884,898,923. 
 
 liability for damage 479 
 
 may be sold, when 336 
 
 517—27 62 
 
 Page 
 
 Weights and measures and weighing and 
 
 measuring devices— Continued. 
 
 tolerances, may be fixed 6, 
 
 95, 170, 219, 230, 234, 313, 459, 475, 516, 534, 
 566, 643, 670, 679, 792, 832, 849, 883, 896. 
 of the National Bureau of Standards 
 
 adopted or recognized 95, 193, 219, 
 
 313, 403, 459, 475, 516, 643, 792, 832, 849, 883 
 
 tolerances on scales 190, 
 
 414, 572, 595, 635, 686, 826, 925 
 types- 
 approval of 321,354,675 
 
 conditions for. 676 
 
 not affecting test of individual appa- 
 ratus 629 
 
 not necessp.ry, when 677 
 
 part of mechanism 678 
 
 procedure in 676 
 
 slot machines, approval of 373 
 
 steelyards 350 
 
 guaranty, effect of 677 
 
 serial numbers for 677 
 
 term defined 675 
 
 unauthorized 336, 455, 678, 714 
 
 unsealed or false may be seized or retained 
 
 for evidence 52, 
 
 68, 139, 150, 210, 234, 316, 359, 395, 412, 457, 
 480, 498, 512, 513, 591, 593, 642, 668, 670, 704, 
 778,820,831,843, 865, 886. 
 accounts or contracts how affected by 
 
 use of. 79,262,354,533 
 
 using or retaining in possession unsealed... 51, 
 53, 56, 67, 104, 139, 150, 151, 163, 175, 192, 218, 
 298, 318, 354, 411, 430, 453, 478, 513, 633, 559, 
 579, 592, 612, 700, 704, 713, 759, 782, 783, 797, 
 823, 848, 864, 867, 890, 906, 925. 
 Weights and measures, foreign, use of in cer- 
 tain Government reports 42 
 
 West Virginia, laws of 881 
 
 Whale oil, weight per gallon 276,557 
 
 Wheat, bags, weight fixed 54 
 
 weight per bushel 941 
 
 Whortleberries. See Berries and small 
 
 fruits. 
 Winchester measure. See Units of weight 
 and measure. 
 
 Wisconsin, laws of. 895 
 
 Witnesses, State sealer may compel attend- 
 ance 682, 882 
 
 Women, may be weighers of coal 368 
 
 Wood: 
 
 cord, dimensions 181 
 
 196, 322, 374, 413, 518, 587, 692, 724, 834, 844 
 
 how measured or packed.. 323, 
 
 374, 518, 603, 692, 724, 834 
 must bo measured before sale or delivery. 39, 
 
 322, 323 
 
 number cubic feet to... _ 39, 
 
 169, 196, 217, 322, 374, 413, 414, 496, 516, 
 595, 603, 646, 692, 724, 844, 867. 
 
 when in conveyance 595 
 
 when longer than 8 inches 169 
 
 when 16 inches or less and looso in box 
 
 or container.. 867 
 
 sale by, or fractional part 217, 515, 645, 867 
 
 delivery vehicle for, cubic feet to bo marked. 510 
 sealer to measure capacity 516 
 
976 
 
 INDEX 
 
 Wood— Continued. Page 
 
 kindling — 
 
 basket for, capacity 369,516 
 
 dimensions 725 
 
 heaped measure used for 725 
 
 how filled - S69, 516, 725 
 
 how marked 369 
 
 unsealed may be seized 725 
 
 cord of sawed, number of baskets to 725 
 
 load or fraction, number cubic feet to 516 
 
 standard may be established 169 
 
 paper bags or socks for, capacity -- 369 
 
 dimensions 369, 573 
 
 how marked . ._ 369 
 
 sale, by bulk load 169,370, 516 
 
 in bags, when.- 370 
 
 in bundles, when 370 
 
 in bushel basket _ 516 
 
 may be measured on request 181 
 
 measurers or surveyors of, appointment... 147, 
 
 374, 375, 518 
 
 fees and compensations.^ 518, 724 
 
 to give certificate... 147, 518 
 
 pulp, supervisor, duties, salary, term of 
 
 office 920 
 
 sale of, certificate or delivery ticket to ac- 
 company _. 39, 71, 322, 323, 374, 375, 496, 645, 867 
 
 cities or towns may regulate 180, 
 
 198, 220, 322, 432, 440, 463, 484, 724 
 
 Wood— Continued. Page 
 
 sale of, fraudulently increasing weight 462 
 
 less quantity than represented 322 
 
 standard load, split wood 8 inches or less. 169 
 
 split wood not over 16 inches long 516 
 
 unlawful, by load, when 516 
 
 sawed or split, how sold 71 
 
 number of baskets to cord 725 
 
 number of cubic feet to, when loose in 
 
 conveyance 413, 595 
 
 when ranked 344, 413, 595 
 
 Wood ashes, net weight to be marked on 
 
 package 331 
 
 Wool. See Textiles. 
 
 Work, mechanical, cities may measure 129,440 
 
 Wrapper, separate charge may be made for 
 
 wrapping or packing 616 
 
 Wyoming, laws of... 922 
 
 Yard. See Units of weight and measure. 
 
 equivalent in meters 8 
 
 value derived from the meter 7 
 
 z 
 
 Zinc, ore fraud in weighing 438 
 
 number pounds to ton 438 
 
_1 
 
■ 
 
 PENN STATE UNIVERSITY LIBRARIES 
 
 Him 1 111 1 
 
 AQDDD7nED c iflb