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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 exceeding 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 addition 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 ordinances 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 inspection; fees. It shall be the duty of the regulator of weights and measures in each county to inspect all bottles or cans used for the shipment 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 provided in this section, the said regulator of weights and measures shall

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 misdemeanor, 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 twentyfour and three-quarters cubic feet; for rubble work surface dressing, the superficial foot, extra price; for brick work, the thousand brick;

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 onehalf cubic feet. All stone to be measured in the wall when practicable.

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 governing 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 rehandling. Walls to be measured by the lineal foot in depth.

4. CONCRETE.-Foundation, measure actual contents. Floor, measure actual surface laid, except that no deduction be made for open tile drains.

5. DIMENSION STONE.-Footings to be measured each course separately. No deductions for drain or other openings under walls two feet, or less, in width. Bridge masonry, compute actual cubic contents. Surface dressing of all kinds extra.

6. RUBBLE WORK.-Footings to be measured by actual cubic contents. Footings are all such foundation courses not exceeding sixteen inches in height as are wider than the body of wall above.

7. WALLS.-Compute actual contents and for each angle or corner 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 onehalf 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 contents 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 chimney breasts, piers connected with walls and pilasters, to be measured 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 projections 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.

Stepped piers or piers diminishing from the bottom by off-sets shall be 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 estimated 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 PARTY 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 measured 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.

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 openings.

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 standard 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.

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