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 (a1914). Marking of contents of packages. For the purpose 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 distributor, 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 manufacturers 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 section 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 possession 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 fertilizer or fertilizer material, shall brand or attach to each bag, barrel or package, the weight of the package, the name and address

of the manufacturer, and the guaranteed analysis of the fertilizer, giving the valuable constituents of the fertilizer in minimum percentages 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 animals 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 package, 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 transportation company.-Every railroad or transportation company in this State shall furnish suitable and adequate facilities for correctly 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,

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 measures; and he shall semiannually, or oftener in his discretion, cause all scales, beams, weighing machines, measures-liquid or drydevices 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, merchandise, 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 included 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 occupation and business and the purpose for which such weighing appliance 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

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 employees 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 consist 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 extension, twenty-five cents; weight, ten cents; springless or automatic weighing machine or device, twenty-five cents; platform, deadweight 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 measuring 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 discretion order the confiscation and destruction of such weighing or measuring machine or appliance, and any person who shall be injured 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 corporation who shall willfully or shall fraudulently change any weighing 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 requested so to do by any purchaser in the market, to inspect all the

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