been measured and stamped by the oyster inspector with a metal tag or stamp, showing the quantity of oysters which such measure will hold. It shall be the duty of the oyster inspector to make such measurements and to visit for that purpose each place where oysters are bought and sold as required, not to exceed once in each month during the canning season, and shall keep a book in which shall be recorded the dimensions of all vessels so measured. And for each stamp the chief inspector shall receive the sum of twenty-five cents from the person, persons or corporation to whom it is issued. The chief inspector shall keep a book to be known as the "oyster measure record", in which he shall register the names of each person, firm or corporation to whom he has issued such stamp and the date of issuance; and said record shall be open for the inspection of the public during business hours; and for every false or fraudulent issuance of said stamp or for every stamp issued without a record thereof being kept, in the "oyster measure record", the chief inspector shall be guilty of a misdemeanor and shall, on conviction, be fined the sum of fifty dollars, one-half of which shall be paid to the person or persons informing on the chief inspector. [1902]

Sec. 6087. Barrel for taxation purposes.

In addition to the privilege licenses required by this chapter [Secs. 6047-6131], further inspection tax and fee of five cents (5) per barrel is hereby laid upon all oysters canned and packed in, and on all oysters shipped raw in or from this state, on all oysters caught or taken from the public reefs or private bedding grounds for packing, canning and for shipment or sale raw. Whenever any oysters have escaped collection of tax, as herein provided by reason of being opened or shucked on the reefs, or anywhere on the waters, by reason of a failure of the proper record being kept according to law, so that a measurement in the shell, by the barrel, cannot be made hereunder, then for the purpose of collecting the tax provided, six hundred opened or shucked oysters shall constitute a barrel. [1902; last amended 1948.]

Sec. 6104. Penalties for violations of chapter.

Any person, firm or corporation violating any of the provisions of this chapter [Secs. 6047-6131], or any act amendatory hereto, unless otherwise provided for shall on conviction be fined not less than ten dollars, nor more than fifty dollars, for the first offense and not less than twenty-five dollars nor more than five hundred dollars for any subsequent offense, •. [1930]

Code 1942 Annotated, Vol. 5, Title 23, Ch. 7, Art. 2-Shrimp.

Sec. 6119. Shrimp barrel, capacity for taxation purposes.

In addition to the privilege licenses required, a tax and fee of twenty-five cents (25) per barrel is

hereby laid and levied upon all shrimp canned and packed in, and all shrimp shipped raw in or from this state, and on all shrimp caught or taken from the waters within the jurisdiction of the state of Mississippi.

All shrimp must be delivered into the ports or harbors of this state whole and as taken from the waters, and for the purpose of this act. [Sec. 6119] two hundred and ten (210) pounds of shrimp whole and as taken from the waters shall be one barrel. [1942; last amended 1948.]

Code 1942 Annotated, Vol. 5, Title 25, Ch. 6, Art. 4-Food.

Sec. 7109. Sale of misbranded food prohibited; penalty.

It shall be unlawful for any person, persons, firm, or corporation, within this state, to manufacture for sale, produce for sale, knowingly expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article [Secs. 7107-7129]; and any person, persons, firm or corporation who shall manufacture for sale, produce for sale, expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently labeled within the meaning of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than five hundred dollars, or be imprisoned not to exceed ninety days, or both such fine and imprisonment; provided it shall be lawful to sell any article named herein which is up to the standard required by the national pure food law or any federal statute regulating or governing the manufacture or sale of such article. [1910]

Sec. 7110. Definition.

The term "food" as used in this article [Secs. 7107-7129] shall include every article used for, or entering into the composition of, or used or intended for use in the preparation of food or drink for man, whether simple, mixed or compound. [1910]

Sec. 7112. When food deemed misbranded.

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. [1910]

Sec. 7113. Inspector of food: Appointment in counties, cities, and towns.

The board of supervisors of every county, and the mayor and board of aldermen of every city, town, and village, respectively, may appoint and commission a suitable person to be inspector of food, and said boards may direct, from time to time, what kinds of food shall be inspected. [1848]

Code 1942 Annotated, Vol. 5, Title 25, Ch. 6, Art. 4Food Continued.

Sec. 7114. Same: Regulations for government of inspectors and dealers; penalties.

The said boards may respectively make and publish all needful regulations for the government of the inspectors, and of dealers in food, and may enforce such regulations by proper penalties, and they may prescribe and regulate the compensation of the inspector and his fees and perquisites, and define his duties. [1892]

Sec. 7116. Same: Liability for safe-keeping of standards of weights and measures.

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 safekeeping and accounting for the standards of weights and measures. [1892]

Sec. 7117.1 Same: Keeper of weights and measures; sealing. The inspector of food of any county, city, town, or village shall be keeper of the standards of weights and measures, and shall seal all weights and measures brought to him conforming or conformed to the standard. [1892]

1 See Sec. 5142, page 527.

Sec. 7118.1 Instruments for gauging liquids to be furnished inspectors; county and city boards to regulate inspection, gauging, and marking of packages.

In case it be necessary or proper, the board of supervisors, or the board of mayor and aldermen, shall supply the inspector with all the necessary instruments for gauging and ascertaining the contents of vessels of liquids; and such boards may direct and regulate the inspection, gauging, and marking or branding packages of liquids, and enforce such regulations. [1892]

1 See Sec. 5141, page 527; standard measures.

Sec. 7119. Penalty for obstructing inspector.

Any person who shall oppose or obstruct any inspector of food in the discharge of his official duties, shall, for every such offense, forfeit and pay two hundred dollars, and shall, moreover, be liable for any injury or damage that may be sustained by any such opposition or obstruction. [1848]

Sec. 7121. Underweight barrels of flour, meal, pork or beef forfeited.1

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. [1848]

1 See Sec. 5139, page 527; penalty for using short weights or

measure.

Sec. 7124. State chemist charged with enforcement of food la

The state chemist is hereby charged with the proper enforcement hereof, and the inspectio collection, examination and analysis of specime of food to determine whether such articles are adu terated, misbranded or insufficiently labeled sha be carried out under his supervision. Such inspe tors and chemists as are absolutely necessary f maintaining an inspection of goods manufacture sold, offered or kept for sale, shall be appointed the president and board of trustees of the Agricu tural and Mechanical College on his recommend tion [1910]

Sec. 7126. Inspectors: Right of entry.

In the execution of his duties, an inspector sha have free access at all reasonable hours to any pla where foods are sold, and in calling for and taki a sample of any food, he shall tender the mark price asked for it. [1910]

Sec. 7127. Same: Interference with; penalty.

Any person or dealer who shall impede, obstru hinder, prevent or attempt to prevent an inspect in the performance of his duties, shall be guilty a misdemeanor, and upon conviction, shall be fin not more than fifty dollars or be imprisoned in t county jail not more than ninety days, at t discretion of the court. [1910]

Code 1942 Annotated, Vol. 6, Title 28, Ch. 7-Weig ing by Railroads.

Sec. 7885. Railroads to weigh cottonseed; weight certifica penalty for failure to weigh or furnish certificate; liabil of initial carrier; exception.

Every railroad in this state transporting cotto seed in carload lots shall weigh each carload cottonseed so transported by it on demand eith of the consignor or consignee unless the same h been weighed by a connecting carrier, and sha furnish to the consignor or the consignee of the sa cottonseed, or both of them, a true statement of t weight of each car of seed shipped by or to su consignor or consignee upon demand, and f failure to weigh such cottonseed or to furnish statement as to the weight of such car of cottonsee the said railroad company shall forfeit to the co signor or consignee, or both, the sum of one hu dred and twenty-five dollars to be recovered by su at the instance of the party to whom such inform tion is refused. Provided, however, in the eve any carload of cottonseed is shipped or transport over more than one railroad the same need not weighed except by one of said carriers, but t initial carrier shall weigh the same or be respo sible for the failure of the connecting carrier carriers to weigh said car: Provided further, if t railroad has no scales available at destination shipment or in transit and the oil mill shou refuse the railroad permission to test-weigh on

cales, then and in such event the penalty herein rovided shall not be imposed. [1928]

ec. 7886. Weighing may be done by any bonded weigher. In case the common carrier cannot conveniently eigh on their scales, weighing may be done by any onded weigher, not in the employ of any oil mill, r weights may be taken by an agent of said comion carrier on the mill scales. Said bonded weigher r agent of common carrier shall supply consignor r consignee with correct weights upon demand of ither or both. Charges for all weighing shall be ; now or hereafter adopted by the railroad comission. [1928]

ode 1942 Annotated, Vol. 2, Title 11, Ch. 1-Frauds Relating to Cotton.

ec. 2063. Penalty for fraudulent packing of cotton.1

If any person shall fraudulently pack or bale any otton, he shall, on conviction thereof, be fined not ore than five hundred dollars, or imprisoned in he county jail not more than six months, or both. 1848]

1 See Sec. 4827, page 532; gins.

ec. 2065. Traders in seed-cotton to keep register 1; penalty. Every person who buys or barters for seed-cotton, nd fails to enter in a book or register the names f all persons from whom he buys or procures by arter such cotton, the date of the transaction, the uantity received, and the place where said to have een grown, or to allow an inspection of such ntries at any time by any person interested to make , shall, on conviction, be fined not less than twenty ollars nor more than two hundred dollars, or be

imprisoned in the county jail not less than one week nor more than three months, or both. [1882] 1 See Sec. 4828, page 532; weigher's register. Sec. 2372.1 Deduction as scalage; penalty.

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 dollars. [1888]

1 See Sec. 4828, page 532, gins; Sec. 7885, page 536, weighing by railroads.

Sec. 2373.1 Deduction as scalage, purchasers to account for actual weight; penalty.

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. [1888]

1 See Sec. 4828, page 532; gins.

Code Annotated 1942, Vol. 2, Title 11, Ch. 2—Misdemeanor.

Sec. 2562. Penalty for misdemeanor where none fixed elsewhere by statute.

Offenses for which a penalty is not provided elsewhere by statute, and offenses indictable at common law, and for which a statutory penalty is not elsewhere prescribed, shall be punished by fine of not more than five hundred dollars and imprisonment in the county jail not more than six months, or either. [1857]