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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, provided 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, copartners, 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 article is based shall be known as a public weighmaster, and shall file a bond with the State superintendent of weights and measures [department 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 measures [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 (department 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 performance of the duties herein prescribed as being the duties of a public weighmaster. Such seal shall be of a form and design prescribed by the State 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 certificates. Nothing in this act contained shall be construed as applying to persons maintaining scales in villages or country districts for weighing farm products for hire, where such person does not carty 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 thereon the kind of product, the number of units of the same, the date of receipt of the product, the owner, agent or consignee, the total weight of the product, the vessel, railroad, team, or other means by which the product was received, any trade or other mark thereon, and such other 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 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.

(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 representative, to any person, firm or corporation, shall be guilty of a misdemeanor, and the State superintendent (department of agriculture] may direct and compel the return to him of the State seal, or declare 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 incorrectly, 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 measures has been issued by a public weighmaster, the owner, agent, or consignee 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 article, 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 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 performed 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.

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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 (a1915). Standard weights and measures furnished by Government; 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 standard, are the common standards of weights and measures throughvut the State: Provided, however, That instead of using the common standard of weights and measures it shall be lawful throughout 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 derived 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 twentytwo yards 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

area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile.

Sec. 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 (a1915). 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 constitutes 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 apothecary's pound is equal to the troy pound. The apothecary's ounce is equal to the twelfth part of the apothecary's pound. The apothecary'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 apothecary's dram, and the grain is equal to one-twentieth of the scruple.

Sec. 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 thirtyone 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 dividing 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 multiples and subdivisions; and the measures used to measure such commodities must be made cylindrical, with plane and even bottom, and must be of the following diameters from 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. 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.

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Sec. 3222 (a1915). 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 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. 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 required.—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 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 knowingly, 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 (a1874). Penalty for putting extraneous substances in packages 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.

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