and the standard test tubes or bottles for cream shall have a capacity of three or six cubic centimeters respectively at a temperature of sixty degrees Fahrenheit between "zero" and thirty on the graduated scale marked on the necks thereof, and it is hereby made a misdemeanor to use any other measure, pipette, test tube or bottle to determine the per cent of butter fat where milk or cream is purchased by, or furnished to creameries or cheese factories, and where the value of said milk is determined by the per cent of butter fat contained in the same. Any manufacturer, merchant, dealer, or agent in this State who shall offer for sale or sell a cream or milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in this

act.

Sec. 21. License for using milk tester. No person shall operate a milk or cream testing apparatus to determine the percentage of butter fat in milk or cream for the purpose of purchasing the same either for himself or for another without first securing a license from the dairy and food commissioners of this State, authorizing such person to operate such tester. Any person desiring to secure such license shall make application therefor on a blank to be prepared and provided by the dairy and food commissioner, and such applicant, before being issued such license, shall pass a satisfactory examination in person and prove by actual demonstration that he is competent and qualified to properly use such tester and make an accurate test with the same.

Such license shall be issued for a period of two (2) years from and after the date of its issuance and a fee of one ($1.00) dollar shall be paid for such license by the licensee upon the issuance thereof. The dairy and food commissioner for just cause shall have authority to revoke any license issued under the provisions of this act.

The fees collected under the provisions of this section shall be paid into the State treasury monthly by the dairy and food commissioner.

Sec. 22 (a1917). Testing milk and cream by department of agriculture. A buyer of milk or cream buying of the producer on a butterfat basis, shall, in the presence of the producer or his agent, after having been petitioned in writing by one or more of its patrons so to do, take a fair sample of the producer's milk, of not less than two (2) ounces, and immediately deliver the same to the producer or his agent in a sealed receptacle to be furnished by the department of agriculture suitable for mailing or expressing. The receptacle shall be plainly marked with the producer's factory number and the name of the producer, and may be mailed or expressed by the producer or his agent to the department of agriculture for test. The departmend [department] of agriculture shall receive and make prompt analysis of all such samples of milk or cream, wash and sterilize the containers, and return to the plant or person from whom received, the producer to pay the transportation charges. The department of agriculture shall, not later than the fifth day of each month, mail to the buyer a tabulated sheet, showing the result of each individual producer's test, for the preceding month, the average of which shall be the basis of settlement between the buyer and individual producer.

The department of agriculture shall, not later than the eighth day of each month, mail to the individual producer at his post office address, the result of each of his tests for the preceding month.

Samples of milk or cream, for the purpose of this act, shall be taken out not less than two (2), or more than four (4) times during each monthly period at the option of the buyer.

It shall be unlawful for the owner, manager, agent or any employee of a creamery or cheese factory, to manipulate, underread or overread the Babcock test, or any other contrivance used for determining the quality or value of milk or cream, or to falsify the record thereof, or to pay for such milk or cream on the basis of any measurement except the true measurement as thereby determined.

Smith's Rev. Stats., 1921, ch. 92, p. 1260.

Sec. 6 (1872). Duty of miller; toll.-The owner or occupier of every public grist mill within this State shall grind the grain brought to his mill as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll, if a water mill or steam mill, for grinding and bolting wheat, rye, or other grain, one-eighth part; for grinding Indian corn, oats, barley and buckwheat, or other grain not required to be bolted, oneseventh part; for grinding malt, and chopping all kinds of grain, one-eighth part.

Sec 7. Miller to keep measures and toll dishes or scales.-It shall be the duty of each and every owner and occupier of every public mill, to give due and punctual attendance, when his mill shall not be out of repair, and to aid and assist in loading and unloading all grain which shall be brought to him to be ground. And he shall keep in his mill an accurate half-bushel measure, and an accurate set of toll dishes or scales for weighing the grain. And for a failure to perform any of the duties required by this act every occupier of a public mill shall forfeit and pay the sum of five dollars to the use of any person who shall sue for the same.

Smith's Rev. Stats., 1921, ch. 93, p. 1262.

Sec. 5, as amended by Laws, 1925, H. B. 478, p. 468. Sealer of weights; test weights.-(1) State inspectors [of mines] are hereby made ex officio sealer of weights and measures in their respective district, and as such are empowered to test all scales used to weigh coal at coal mines. Upon the written request of any mine owner or operator, or of ten coal miners employed at any one mine, it shall be the duty of the inspector to test any scale or scales at such mine against which complaint is directed, and if he shall find that they or any of them do not weigh correctly, he shall call the attention of the mine owner or operator to the fact, and direct that said scale or scales be at once. overhauled and readjusted so as to indicate only true and exact weights, and he shall forbid the further operation of such mine until such scales are adjusted. In the event that such tests shall conflict with any test made by any county sealer of weights, or under and by virtue of any municipal ordinance or regulation, then the test by such mine inspector shall prevail.

(k) For the purpose of carrying out the provisions of this act, each State inspector shall be furnished by the State with a complete set

of standard weights suitable for testing the accuracy of tract [track] scales and of all smaller scales at mines, said test weights to be paid for on bills of particulars, certified by the secretary of state and approved by the governor. Such test weights shall remain in the custody of the inspector for use at any point within his district, and for any amounts expended by him for the storage, transportation or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher.

Sec. 26 (a1919). Operator to provide scales; weighman; check weighman. (a) The operator of every coal mine where miners are paid by the weight of their output, shall provide at such mine suitable and accurate scales for the weighing of such coal, and a correct record shall be kept of all coal so weighed, and said record shall be open at all reasonable hours to the inspection of miners and others interested in the product of said mine. The operator shall provide at such mine not less than one thousand (1,000) pounds of Uniter [United] States standard weights.

(b) The person authorized to weigh the coal and keep the record as aforesaid shall be a citizen of the United States, and shall, before entering upon his duties, make and subscribe to an oath before some persons duly authorized to administer oaths, that he will accurately weigh and carefully keep a true record of all coal weighed, and such affidavit shall be kept conspicuously posted at the place of weighing. (c) The miners at work in any coal mine may employ a check weighman at their option and at their own expense, whose duty it shall be to balance the scales and see that the coal is properly weighed, and that a correct account of the same is kept, and for this purpose he shall have access at all times to the beam box of said scales, and be afforded every facility for verifying the weights while the weighing is being done. The check weighman so employed by the miners shall be a citizen of the United States, and, before entering upon his duties, shall make and subscribe to an oath before some person duly authorized to administer oaths, that he will faithfully discharge his duties as check weighman, and such oath shall be kept conspicuously posted at the place of weighing.

Acts 1925, ch. 86, p. 247.

INDIANA

Sec. 1. Standard weights and measures.-That the standard weights and measures furnished by the Government of the United States in accordance with the joint resolution of Congress, approved June 14, 1836, and any additions thereto and renewals thereof certified to by the United States Bureau of Standards, and such weights, measures, balances and apparatus as may be added by the State commissioner of weights and measures and verified by the United States Bureau of Standards, shall be the standards by which all State, county and city standards shall be tried, proved and sealed.

Sec. 2. Commissioner of weights and measures; duties; regulations and tolerances.-The State food and drug commissioner shall be the State commissioner of weights and measures. The State commissioner of weights and measures shall take charge of the standards adopted by this act as the standards of the State; cause them to be kept in a fireproof building belonging to the State, from which they shall not be removed except for repairs or for certification, and take all other necessary precautions for their safe keeping. He shall maintain the State standards in good order and shall submit them once in ten years to the National Bureau of Standards for certification. He, or his deputies or inspectors by his direction, shall correct the standards of the several cities and counties, and as often as once in two years compare the same with those in his possession, and where not otherwise provided by law he shall have the general supervision of the weights, measures and measuring and weighing devices of the State, and in use in the State. The State commissioner of weights and measures is also authorized to adopt rules, specifications and tolerances necessary for the enforcement of the provisions of this act, and the violation of such rules, specifications and tolerances shall be punished, upon conviction, as set forth in section 15 of this act. He, or his deputies shall, upon the written request of any citizen, firm, corporation or institution of the State, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in this State. He, or his deputies or inspectors by his direction, shall at least once annually test all scales weights and measures and devices used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the State board of charities and he shall report in writing his findings to the executive officer of the institution concerned. The State commissioner of weights and measures shall keep a complete record of the standards, balances and other apparatus belonging to the State and take a receipt for the same from his successor in office; he shall, annually, on or before the first day of December, make to the governor a report of the work done by his office; he, or his deputies or inspectors at his direction, shall at least once in two years

visit the various cities and counties of the State which have appointed sealers of weights and measures in order to inspect the work of the local sealers, and in the performance of such duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. The State commissioner of weights and measures shall issue from time to time regulations for the guidance of State, county and city sealers or inspectors and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties.

Sec. 3. County inspector of weights and measures; appointment, removal, compensation; district inspectors.-The board of commissioners of every county of thirty thousand population or more shall, and the board of commissioners of any county of less than thirty thousand population may appoint a county inspector of weights and measures. No person shall be appointed as a county inspector of weights and measures in any county unless such person shall have been approved by the State commissioner of weights and measures, and no county inspector of weights and measures in any county shall be removed by the board of commissioners without the approval and consent of the State commissioner of weights and measures. The compensation of a county inspector of weights and measures in counties of thirty thousand population or more shall be not less than twelve hundred dollars ($1,200) per year, and in counties having a population of less than thirty thousand, the compensation of the county inspector of weights and measures shall be not to exceed five dollars per day, to be determined by the board and to be paid out of the county treasury: Provided, however, That is shall not be obligatory upon the board of county commissioners of such counties containing a city or cities of the first, second or third class which are already provided with an inspector of weights and measures or city sealers, to make such appointments. The board shall provide the necessary apparatus and supplies for the said inspector of weights and measures and the county councils of such counties shall appropriate such sums of money as are necessary for the salary and maintenance of the office. Two or more adjoining counties, by appropriate action of the boards. of commissioners of such counties, may form an inspection district, and provide by mutual agreement, for the appointment of a district inspector of weights and measures. The compensation of such inspector shall not exceed five dollars per day and expenses, and the salary and expenses so paid and incurred shall be apportioned among the counties forming the district in proportion to the population thereof.

Sec. 4. City inspector of weights and measures; appointment, removal, and compensation.-The common council of every city of the first, second and third class shall provide for the appointment by the commissioners of the public safety, commonly known as the board of public safety, of an inspector of weights and measures and provide for his compensation and for the necessary apparatus and expenses to be paid out of the city treasury. The said inspector of weights and measures shall serve continuously during good behavior under the provisions of section 160 of an act concerning municipal corporations, approved March 6, 1905, governing the fire and police force, and said inspector of weights and measures shall