Sec. 83-102. Yard; rod, pole or perch; mile; chain; 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 [Secs. 83-101-83-109, 83-115— 83-136]. 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 512 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. [1909]

Sec. 83-103. Hundredweight; ton; pound means avoirdupois pound, when.

The units of standards of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in this act [Secs. 83-101-83-109, 83-115-83-136]. The hundredweight consists of 100 avoirdupois pounds, and a ton contains 20 hundredweights. Wherever hereafter in this act the word pound is used it shall mean avoirdupois pound unless otherwise distinctly specified. [1909]

Sec. 83-104. Dry measure.

The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities designated in this act [Secs. 83-101-83-109, 83-115-83-136]. The peck, half-peck, quarter-peck, quart, pint and half-pint measures for measuring commodities which are not liquids shall be derived from the halfbushel by successively dividing that measure by two. [1909]

Sec. 83-105. 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 [Secs. 83-101– 83-109, 83-115-83-136]. The liquid gallon shall be divided by continual division by the number two so as to make half gallons, quarts, pints, halfpints and gills. [1909]

Sec. 83-106. 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 Kansas.

[1909]

Sec. 83-107. Metric system.

The weights and measures of the metric system shall be legal weights and measures in the state of Kansas. [1909]

Sec. 83-109. Standard weights for feeds; bushel; standards for barrel, gallon, and bushel.

That the products hereinafter mentioned shall have only the following standard weights, and whenever any of the following articles shall be contracted for or sold or delivered and no special contract or agreement shall be made to the contrary, such sale and all computations for payment or settlement therefor shall be by net weight, the net weight to be plainly marked on the outside of the barrel, sack, package or bale as the case may be, except fruits and vegetables sold in any standard container as fixed by law, and the net weight, whether stated in words or otherwise, shall be as follows:

(a) All feeding stuffs one hundred pounds, eighty pounds, fifty pounds, twenty-five pounds, and ten pounds per sack net.

(b) The net weight per bushel of the following articles shall be as follows, and any fractional part of a bushel shall be the like fractional part of the said weight per bushel, net:

And the standard barrel for all fruits and vegetables and other dry commodities shall contain 7,056 cubic inches. The term "gallon" shall mean a unit of 231 cubic inches, of which the liquid quart, liquid pint, and gill are, respectively, the one-quarter, the one-eighth, and the one-thirty-second parts. The term "bushel" when used in connection with dry measures and standard containers shall mean a unit of 2,150.42 cubic inches, of which the dry quart and dry pint, respectively, are the onethirty-second and the one-sixty-fourth parts. [1909; last amended 1947.]

Sec. 83-109a. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions.

It shall be unlawful for any person, partnership, corporation, company, coöperative society, or organization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of two, five, ten, twenty-five, fifty, and one hundred pounds, and multiples of one hundred pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising, flour, enriched bromated flour corn flour, corn meals, hominy and hominy grits: Provided, however, That the provisions of this act [Secs. 83-109a-83–109b] shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred pounds or for export, or (c) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945]

Sec. 83-109b. Same: Penalties for violations.

Any violation of this act [Secs. 83-109a-83-109b] shall constitute a misdemeanor and upon convic

tion, the offender shall be fined not less than twentyfive dollars nor more than five hundred dollars for each offense. [1945]

Sec. 83-110. Fruits and vegetables: 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, respectively: (a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket three and seven-eighths inches, outside measurements. Top of basket, length, eleven inches and width five inches, outside measurement. Basket to have a cover five-by-eleven inches, when a cover is used. (b) 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 measurements; 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, nineteen inches; width, nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used. [1923]

Sec. 83-111. Same: Baskets for small fruits or vegetables.

(a)

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. The dry half-pint shall contain sixteen and eighttenths 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. [1923]

Sec. 83-112. Same: 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 fivetenths cubic inches. [1923]

Sec. 83-113. Same: Penalty for violations.

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 [Secs. 83-110-83-114]. Any individual,

partnership, association or corporation that willfully violates this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $100. [1923]

Sec. 83-115. Contract, sales or purchases taken and construed in terms of weights and measures.

All contracts, sales or purchases hereafter made for work to be done, or for any thing 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 [Secs. 83-101-83-109, 83-11583-136], except where parties have agreed upon any other calculations or measurement; 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. [1909]

Sec. 83-116. Sale of dry commodities.

All dry commodities not otherwise specified in this act [Secs. 83-101-83-109, 83-115-83-136] shall be sold only by standard dry measure, standard weight, or numerical count, except where parties otherwise agree. [1909]

Sec. 83-118. Bottles for milk, cream and other liquid commodities.

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. [1909]

Sec. 83-119. Loaf of bread, weight; labeling required, 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. [1909]

Sec. 83-120. Print or package of butter, weight; label.

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. [1909]

Sec. 83-121. False weights and measures; penalty; civil liability; evidence; injunction.

It shall be unlawful for any person: (a) To offer or expose for sale, or to sell or otherwise dispose of any weight, measure, or weighing or measuring device that is false, or which has been condemned except under written authorization of the state sealer or an authorized inspector or sealer; (b) to use a weight, measure, or weighing or measuring device that is false, or that does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise, for the purpose of:

(1) Buying or selling any commodity or thing,
(2) hire or award,

(3) computation of any charge for services rendered on the basis of weight or measure,

(4) the determination of weight or measure when a charge is made for such determination;

(c) to break or remove any tag, mark or seal placed on any weighing or measuring device by the state sealer, his deputies, or inspectors, or by a city sealer, deputy, or inspector; (d) to sell, offer oi expose for sale, less than the represented quantity of any commodity, thing or service; (e) to take oi attempt to take more of the represented quantity when the buyer furnishes the weight, measure, or weighing or measuring device by which the amount of any commodity, thing, or service is determined; (f) to keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to the law or contrary to any rule or regulation; (g) to use in retail trade, except in preparation of packages of merchandise put up in advance of sale, a weighing or measuring device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer; (h) to violate any of the provisions of chapter 83 of the General Statutes of 1935, and supplements thereto, for which a specific penalty is not provided; (i) to 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. Any person violating any of the provisions of this act [Secs. 83-101-83-142] or any authorized rule or regulation issued pursuant thereto, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than twenty-five dollars or 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. 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

General Statutes Annotated 1935, Ch. 83-Weights and Measures-Continued.

representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. A slight variation from the stated weight, measure or quantity for individual packages is permissible, provided this variation is as often above as below the weight, measure or quantity stated: Provided, That district courts may issue injunctions restraining violations of this act. [1949]

Sec. 83-122. State sealer of weights and measures: Appointment; duties.

There is hereby created in the state board of agriculture a division which shall be known as the division of weights and measures, and the head thereof shall be appointed by the state board of agriculture in the manner as appointments are made in the classified civil service under the Kansas civil service act and shall be known as the state sealer of weights and measures (hereafter referred to in this act [Secs. 83-101-83-109, 83-115—83– 136] as the state sealer). The state sealer shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds furnished by the government of the United States and owned by the state. He shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. He shall compare and adjust by the state standards all 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 municipality or public offices which do not conform to the type approved by the national bureau of standards for such use. [1909; last amended 1947.]

Sec. 83-123. Same: Testing and sealing.

The state sealer may try and prove weights, measures, balances and other measuring devices on request for any person, corporation, or institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as he shall make, he may seal the same with a seal which he shall have and keep for that purpose. [1909]

Sec. 83-124. Same: Records, reports and regulations.

The state sealer shall keep a record of all of the weights, measures, balances or other measuring de

vices sealed or condemned by him, and shall make an annual report to the governor on or before January 1 of each year, a copy of which shall be filed with the national bureau of standards. He shall issue from time to time regulations for the guidance of county, municipal and all other inspectors or sealers of weights and measures, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1909]

Sec. 83-124a. Same: Rules and regulations.

The state sealer of weights and measures shall promulgate and file with the revisor of statutes such rules and regulations as may be necessary to carry out the purposes of this act [Secs. 83-101-83-109, 83-115-83-136]. The said regulations shall include specifications and tolerances for all weights, measures, and weighing and measuring devices, which specifications and tolerances shall, insofar as prac ticable, conform to the specifications and tolerances as established by the national bureau of standards. [1947]

Sec. 83-125. Deputy state sealers, appointment; director of revenue to calibrate liquid fuel dispensing pumps, meters and vehicle tanks.

The state board of agriculture shall appoint deputy state sealers, who shall perform such duties as may be prescribed by the state sealer, and the state sealer shall appoint such other office and field help as may be necessary to carry out the provisions of this act insofar as funds for that purpose are appropriated. All such appointments shall be made in accordance with the Kansas civil service act. The state sealer shall purchase such equipment as may be necessary to perform his duties in connection with the administration and enforcement of this act as moneys are appropriated and are made available: Provided further, That the director of revenue of the state commission of revenue and taxation shall be authorized to act as deputy state sealer to measure, calibrate and certify the capacity of motorvehicle fuel and liquid fuel dispensing pumps, meters or other devices, and vehicle tanks used in the transportation thereof. [1909; last amended 1947.]

Sec. 83-127. Sets of standards for county and local sealers.

Sets of standards for county and local sealers, if procured, shall include the following weights, measures and balances, and they shall be of a type approved for such use by the state sealer: One yard measure divided into feet and inches, and at least one of the inches divided into thirty-seconds of an inch. Dry capacity measures: One-half bushel, one peck, one quart and one pint. Liquid capacity measures: One gallon, one quart and one pint. Avoirdupois pound weights in the following number and denomination: One fifty-pound, one twentypound, two ten-pound, one five-pound, two twopound, and one one-pound. Avoirdupois ounce and