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weights, measures and beams used in weighing and measuring in such market; and, at the expense of the owners, to make them conform to the standard weights and measures of the Territory; and if any person shall refuse to exhibit his weights and measures, or to make them conform to those established by law, he shall be fined twenty-five dollars.

Sec. 3584o. Using unapproved weights, etc.—Any person using any weights or measures in a public market, not approved by the clerk of the market, shall be fined ten dollars, and he shall besides be liable in tenfold damages to any person injured by his conduct. Rev. Laws, 1925, ch. 249, p. 1426.

Sec. 4248°. False weight or measure.- Whoever, in the sale or purchase of any merchandise or other property, shall use any false weight or measure; or cheat another by the fraudulent use of any legal weight or measure; as for example, by dexterously sliding a yard stick, or by putting some other thing into a measure partly to fill the same, even though the vendee and vendor be present, is guilty of a gross cheat.

Sec. 4251 (a1901). Punishment.-Whoever is convicted of a gross cheat shall be punished by imprisonment of not more than one year, or by a fine not exceeding one thousand dollars.

Sec. 4252°. Civil remedy not a bar.-No person shall be exempted from criminal prosecution for gross cheating, by reason of the party cheated having a remedy against him by civil action. Rev. Laws, 1925, ch. 250, p. 1431.

Sec. 4259 (1919), Bread, weight of loaf; variations; twin loaves; penalty.-A loaf of bread for sale shall be one pound in weight. Bread, unless chiefly composed of rye or maize, shall not be manufactured for sale or sold except in the following net weights twelve hours after baking: Three-quarters pound; one pound; one and a half pounds; two pounds or other pound weights.

Variations at the rate of one ounce per pound over and one ounce per pound under the above specified weights are permitted in individual loaves, but the average weight of not less than twenty-five loaves of any one unit of any one kind shall be not less than the weight prescribed by this chapter.

Twin or multiple loaves may be sold, provided they conform to the above weight requirements.

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than twenty-five dollars for each offense. Rev. Laws, 1925, ch. 76, p. 455. Sec. 994 (a1915). Net contents to be marked.

Any drug or article of food shall also be deemed to be misbranded within the meaning of this chapter when in package form, if 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 exemptions shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made by the board of health.

DAHO

Comp. Stats., 1919, Vol. 1, ch. 17, p. 83.

Sec. 276 (1919). Department of agriculture, powers and duties.—The department of agriculture shall have power: * * *

9. To exercise the rights, powers and duties vested by law in the State sealer of weights and measures and his deputies and assistants.

15. To establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products.

16. To prescribe and promulgate rules and regulations governing the marks, brands, and labels which may be required upon receptacles for farm products.

36. To establish standards of weights and measures and enforce compliance therewith. Comp. Stats., 1919, Vol. 1, ch. 118, p. 734.

Sec. 2555 (a1919). State standards, care and custody; county and municipal standards.—The department of agriculture shall have the care and custody of the authorized public standards of weight and measures and of balances and other apparatus of all kinds owned by the State. It 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. It shall compare and adjust by the State standards all county, municipal, and other official standard weights, measures, balances and measuring devices which may be sent or brought to it for that purpose, and shall seal the same when found or made to conform to the State standards, by stamping upon each the letter “I” and the last two figures of the year in which the said comparison and adjustment have been made, with seals which it will have and keep for that purpose: Provided, That it may refuse to compare and seal any weights, measures, balances or measuring devices as standards for any county, municipality or public offices which do not conform to the type approved by the National Bureau of Standards for such use. It shall enforce all laws now existing or which may hereafter be enacted in any manner whatever relating to weights and measures and false weights.

Sec. 2556. Inspection of weights and measures. The department of agriculture 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 it shall make, the department may seal the same with a seal which it shall have and keep for that purpose.

Sec. 2557. Record and report; regulations. The department of agriculture shall keep a record of all of the weights, measures, balances or other measuring devices, sealed or condemned by it, and shall make an annual report to the governor on or before January first, of each year, a copy of which shall be filed with the National Bureau of Standards. It 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.

Sec. 2558. Record of apparatus to be kept; biennial report.--The department of agriculture shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by it, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspecter, sealed or condemned, and shall make a biennial report of the same to the governor on or before the first day of December, giving in addition to the above, an inventory of the standards and apparatus in its possession, and such other information as the department may deem important.

Sec. 2559. Free testing service; disposal of condemned apparatus.—The department of agriculture shall try and prove all weights, measures, balances and measuring devices used in the State of Idaho without charge, and when the same are found or made to conform to the authorized standards, it shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by it for that purpose. Where any weight, measure, balance or measuring device is found to be false or untrue, or which does not conform to the standards, or which can not be made to conform to the standards by such means as the department may have at its disposal, it shall condemn the same and mark it condemned in a conspicuous manner, and such condemnation mark shall not be removed or defaced, except by authorization of the said department.

Sec. 2560. Authority to enter premises. The department of agriculture through its officers, shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purpose of trade, for the purpose of inspecting, adjusting and sealing or condemning the same.

Sec. 2561. State standards. Such standard weights and measures as have been furnished to this State by the government of the United States, in accordance with a joint resolution of Congress, approved June 17 [14], 1836, and such weights, measures, balances and measuring devices as may be received from the United States as standard weights, measures, balances and measuring devices, in addition thereto or in renewal thereof, shall be the authorized standards of the State of Idaho.

Sec. 2562. Units of measures of length and surface.—The units of standard measures of length and surface from which all other measures of extension, whether linear, superficial or solid, shall be derived and ascertained, are the standard of length designated in this chapter. The yard is divided into three equal parts called feet, and each foot into 12 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 of land measure shall be measured horizontally and contain 10 square chains, equivalent in area to a rectangle 16 rods in length and 10 rods in breadth; 640 acres being contained in a square mile.

Sec. 2563. Standards of weight.—The units of standards of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in this chapter. The hundredweight consists of 100 avoirdupois pounds, and a ton contains 20 hundredweight. Whenever, hereafter in this chapter the word

pound” is used, it shall mean the avoirdupois pound, unless otherwise distinctly specified. Sec. 2564. Units of capacity for dry commodities.

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 chapter. The peck, half-peck, quarter-peck, quart, pint and half-pint measures for measuring commodities which are not liquids shall be derived from the half-bushel by successively dividing that measure by two.

Sec. 2565. Units of capacity for liquids. The units of standards of measures of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measures designated in this chapter.' The liquid gallon shall be divided by continual division by the number 2 so as to make half-gallons, quarts, pints, half-pints and gills.

Sec. 2566. Standard 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 Idaho.

Sec. 2567. Metric system legal.- The weights and measures of the metric system shall be legal weights and measures in the State of Idaho.

Sec. 2568, as amended by Laws, 1921, ch. 167, p. 362. Standard weights established.-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 weight.

The net weight per barrel or bushel, or divisible merchantable quantities of a barrel or bushel, shall be as follows:

Wheat flour, per barrel, 196 pounds; per half-barrel, 98 pounds; per quarter-barrel sack, 49 pounds; per one-eighth barrel sack, 24 pounds; per one-sixteenth barrel sack, 12 pounds.

Corn meal, per bushel sack, 48 pounds; per half-bushel sack, 24 pounds; per quarter-bushel sack, 12 pounds. Of the following articles per bushel :

Pounds Wheat_

60 Turnips-Rye

56 Flaxseed Indian corn, in the ear

70

Onions. Kaffir corn.

56

Salt Rice corn.

56 Castor beans. Corn, shelled..

56 Hemp seed.Sorghum seed.

50 Native blue-grass seed.. Buckwheat

50 English blue-grass seed.. Sweet potatoes.

50 Timothy seed.

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Pounds

55 56 57 80 46 44 14 22 45 80

4 50 50

56 48 60

Pounds

Pounds Dried peaches

33 Unslacked lime--Dried apples. 24 Plastering hair, unwashed..

8 Barley

48 Plastering hair, washed.Malt.

32 Parsnips-Oats.

32 Carrots. Bran 20 Beets---

56 Beans

60 Tomatoes Clover seed..

60 Peaches Hungarian and millet seed.- 50 Shelled dried peas.. Potatoes.--60 Alfalfa seed.-

60 Green apples --

48 Sec. 2569 (1883). Standard of measurement for stone masonry.--The perch is the standard of measurement of stone masonry and contains 1612 solid feet.

Sec. 70 (a1913). Standard cord.-Unless otherwise especially agreed upon, a cord of wood shall contain 128 cubic feet, 8 feet long, 4 feet high and 4 feet wide.

Sec. 2571 (1913). Contracts, sales or purchases, how construed. All contracts, sales or purchases hereafter made for work to be done, or for anything 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 chapter, except where parties have agreed upon any other calculations or measurements; 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.

Sec. 2572. Dry commodities; how sold.—All dry commodities, not otherwise specified in this chapter, shall be sold only by standard and dry measure, standard weight, or numerical count, except where parties otherwise agree.

Sec. 2573 (1905). Apple boxes.—A box or packet of apples shall contain 2,150.42 cubic inches.

Sec. 2574 (a1913). Berry boxes.—Berries and small fruits, whenever sold in boxes, shall be sold in boxes containing a standard dry quart or dry pint, and if said boxes contain less than this amount, the information must be given to the purchaser, and such packages must be labeled with a statement of the net contents.

Seç. 2575. Milk and cream.-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.

Sec. 2576. Lard pails.-Each pail or bucket of lard, lard-compound, or lard substitute offered or exposed for sale in the State of Idaho, shall have the net weight plainly stamped upon the label in letters not less than a quarter-inch high.

Sec. 2577. Bread, standard loaf; loaves not full weight.-A whole loaf of bread for sale shall not be less than 16 ounces in weight, 24 hours after baking. Bread, unless composed in chief parts of rye or maize, shall be sold only in whole and half 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 bis section shall not apply to rolls or to fancy bread weighing less than

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