one-quarter of a pound. Every loaf or half loaf of bread which does not weigh the full weight required by this section shall be plainly labeled with the exact weight. Sec. 2578.1 Butter, weight; how marked.-A print or package of butter shall contain 16 ounces avoirdupois, and when a print or package of butter containing less than 16 ounces avoirdupois shall be sold, its net weight shall be disclosed by the seller to the buyer and a statement of the net weight be distinctly printed on the wrapper thereof. Sec. 2579. Sale and delivery prima facie representation; variations, or tolerances, how ascertained; not applicable to packed meats.-The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation or waste that may take place from the time the package is filled by the vendor until the selling of the same; a slight variation from the stated weight, measure or quantity for individual packages is permissible, provided this variation is as often above as below the weight, measure or quantity stated or represented, except that this section shall not apply to meats packed in sacks, crates or boxes. Sec. 2580. Penalty for interference.-Whoever hinders, obstructs, or in any way interferes with any sealer or other person authorized to inspect weights and measures, while in the performance of said inspection, or whoever fails to produce, upon demand by such authorized sealer or inspector, all weights and measuring devices in or upon his place of business or in his possession for use in manufacture or trade, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than $5 nor more than $100. Sec. 2581. Using false apparatus or marking false weight or measure, penalty. Any person, persons, firm or corporation, who shall use any false scales, beam, weight or measure, or who shall mark or stamp false weight or measure on any container, package or cask, or who shall sell, offer for sale, or have in his possession for sale, any article which does not conform to the United States standards or the standards designated in this chapter, or neglects, fails to conform with, or violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $300 for each offense, or imprisoned in the county jail not exceeding 90 days. Comp. Stats., 1919, Vol. 1, ch. 163, p. 1115. Sec. 3939 (a1915). Powers of municipal corporations. In addition to the powers hereinbefore granted under the provisions of this chapter, any municipal corporation may, by ordinance or by-laws, exercise the powers prescribed in the following sections, 3940 to 3973, inclusive. Sec. 3958. Regulation of weights and measures.-Establish standard weights and measures, and regulate the weights and measures to be used in the municipality, and to regulate the weighing and measur 1 See also sec. 1736 infra, p. 201. ing of every commodity sold in the municipality, in all cases not otherwise provided by law. Sec. 3959. Inspection of hay, grain, and fuel.-Provide for the inspection of hay, grain and coal, and the measuring of wood and fuel to be used in the municipality, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale, hay, coal and wood; to fix the fees and duties of persons authorized to perform the duties named in this section. Sec. 3995 (a1919). Municipality may establish inspection department; verification of standards.-Any municipality in the State may establish a department of public inspection of weights and measures, and shall have power to appoint a sealer and deputies and fix their compensation, and to pass such ordinances not in conflict with the State laws as may be deemed necessary; and if a city or municipality shall establish such a department it shall provide the sealer with suitable quarters, a set of standards to be specified by the department of agriculture, and all other equipment for the proper performance of his duties. All municipal standards shall be tried, proved, and sealed under the direction of the department of agriculture, and shall be returned to him [it] for verification at least once every five years. They shall make reports to the department of agriculture on blanks to be furnished by it on or before the 1st day of September of each year. Sec. 3996 (1917). Municipal wagon scales; establishment.-The city council of any city or the board of trustees of any village of the State of Idaho are authorized and empowered to buy, establish and maintain public wagon scales in such municipality, and the said city council or board of trustees are authorized and empowered to buy and maintain scales already in use in the said municipality, the same to be used and maintained as a public wagon scale in such municipality for the public use therein. Sec. 3997. Same; maintenance; weighmaster.-The city council of any city or the board of trustees of any village or any such municipality wherein such public wagon scales are maintained shall have control of such scales and shall make such rules or regulations in regard to the maintenance and use of the same as they shall deem proper, and the said city council or board of trustees shall biennially appoint a public weighmaster, whose duty it shall be to have charge of such scales and properly weigh all articles and commodities thereof [thereon] as hereafter provided and give a statement to such person applying to have such articles weighed, and such statement shall be prima facie evidence of the correct weight of such articles or commodities; and the city council or board of trustees shall fix the compensation of said weighmaster, which compensation shall be paid out of the treasury of such municipality, and shall, from time to time, fix the price to be charged for weighing any article or commodity thereon, and the weighmaster shall collect such charge at the time of weighing such articles or commodities and shall, at the end of each month, pay all moneys collected by him for such charge into the treasury of the municipality and file with the clerk of such municipality a statement of the amount of all such moneys collected. Comp. Stats., 1919, Vol. 1, ch. 150, p. 971. Sec. 3470 (a1917). Public wagon scales.-The county commissioners of any county outside of any incorporated city or village may, upon petition of ten freeholders in any county within the State of Idaho, establish and maintain public wagon scales at such point within such county as may be designated in said petition: Provided, That the persons signing the petiton shall certify that the petitioners regularly deliver their produce to the point designated in said petition. Sec. 3471. Regulation of wagon scales; weighmaster.-The county commissioners of such county wherein such public scales are maintained shall have control of such scales and shall make such rules and regulations in regard to the maintenance and use of the same as they shall deem proper, and the said county commissioners shall appoint as many public weighmasters as they may deem necessary and fix their compensation. Such weighmasters shall have charge of such scales and properly weigh all articles and commodities thereon and give a statement to such persons applying to have such article or commodity weighed, and such statement shall be prima facie evidence of the correct weight of such articles or commodities. They shall collect such charge at the time of weighing such article or commodity as shall be fixed by the board of county commissioners, and at the end of each month make a written report of all moneys collected by them for such charge and pay to the treasurer of such county all of such funds: Provided, however, such weighmaster shall retain as his compensation such portions of the above moneys which he has collected as may have been fixed by the board of county commissioners. Sec. 3472. Establishment by individuals; maintenance by county.—If the aforesaid petitioners or a less number desire to establish a public wagon scale and dedicate the same to the public use, they may do so at their own expense, and such public scale shall be subject to the same rules and regulations and all of the provisions of this article as though originally established by and at the expense of the board of county commissioners, or the board of county commissioners may contribute any parts of the expense of erecting such public wagon scale, and the persons desiring the same shall pay the balance of such purchase price: Provided, That in case either method hereinbefore mentioned is adopted in establishing the wagon scale, the said scale shall become the property of the county in which it is situated and be subject to the rules and regulations of the boards of county commissioners and all of the provisions of this article relating to county public wagon scales. Sec. 3473. Expenses paid from and receipts credited to current expense fund. Any expense incurred under the provisions of this article relating to county public wagon scales, except compensation to weighmasters, which, in all cases, shall be paid as provided in section 3471, shall be paid out of the current expense fund of the said county, and all moneys received from weighing charges as herein provided shall be credited to the current expense fund of the county in which such scale is situated. Sec. 3474. Weighmaster's statement.-All statements issued by any weighmaster under the provisions of this article shall be made in triplicate, one copy of which shall be retained by the weighmaster, one copy shall accompany the report to the county commissioners, and the original statement shall be given to the person for whom such weighing was done. Such statement shall be in substantially the following term: County public weighing scale No. Location Receipt No. Date Weighmaster. Comp. Stats., 1919, Vol. 2, ch. 308, p. 2350. Sec. 8491°. False weights and measures.-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. 8492. Selling by.-Every person who knowingly sells any goods, wares or merchandise, or any valuable thing, by false weight or measure, or knowingly uses false measures at any mill in taking toll for grinding corn, wheat, rye or other grain, is guilty of a misde meanor. Sec. 8493. 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. 8494. Stamping false weight on packages.-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. 8495. Sales by ton or pound; full weight must be given. 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. Any person violating this section is guilty of a misdemeanor. Sec. 8496 (1885). Fraudulent scales for weighing or assaying ores.Every person, association or corporation, or the agent of any person, association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who keeps or uses any false or fraudulent scales or weights for weighing ores, who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, is guilty of a misdemeanor and is punishable by a fine in any sum not exceeding one thousand dollars, or by imprisonment in the county jail for a term of not more than one year nor less than one month, or by both such fine and imprisonment. Sec. 8497. Fraudulent alteration of value of ores; fraud in sale of ore.Every person, corporation or association, or the agent of any person, corporation or association, engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores in this State, who in any manner knowingly alters or changes the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section. Comp. Stats., 1919, Vol. 1, ch. 70, p. 464. Sec. 1692 (1911). "Misbranded" defined.-For the purpose of this article food shall be deemed to be misbranded— 3. If in package form, and the contents are stated in terms of weight or measure, the net weight or measure is not plainly or correctly stated on the outside of the package. Sec. 1727. Weight of milk.-A pint of milk shall weigh one pound strong and a quart of milk shall weigh two pounds strong and shall not be sold otherwise. Sec. 1728. Penalties.-Any person, or persons, corporation or corporations violating, or who shall fail to comply with the preceding sections, numbered 1705 to 1727 inclusive, or any part, provision or section thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than $10 and not exceeding $300, or by imprisonment in the county jail for a period not exceeding six months, or both such fine and imprison ment. * Sec. 1729 (a1909). Milk cans to have tag showing capacity; violation; punishment._** Every person or corporation who shall engage in the business of purchasing or dealing in milk shall attach in a permanent manner to each can furnished by him or the producer, a tag containing in plain figures a correct statement of the capacity thereof. Any neglect or failure or false statement on the part of the proprietor or manager of such creamery, cheese factory, dairy or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof the person guilty shall be punished as provided in section 1679: * * Sec. 1736 (1905). Weight of butter.-Each package of butter offered or exposed for sale shall have stamped upon the wrapper or package, the actual number of ounces contained in said package. Each square or roll of butter kept, exposed or offered for sale in the State of Idaho, which is represented to contain one pound in weight, shall contain full sixteen ounces; and each square or roll of butter kept or offered for sale in the State of Idaho, which shall be represented to contain two pounds in weight shall contain full thirtytwo ounces.2 2 See sec. 2578 supra, p. 197. |