Code, 1924, ch. 161, p. 436.

IOWA

Sec. 3227 (a1924). Standard established. The weights and measures which have been presented by the department to the Federal Bureau of Standards and approved, standardized, and certified by said bureau in accordance with the laws of the Congress of the United States shall be the standard weights and measures throughout the State.

Sec. 3228. Length and surface measure. The unit or standard measure of length and surface from which all other measures of extension shall be derived and ascertained, whether they be lineal, superficial, or solid, shall be the standard yard secured in accordance with the provisions of the preceding section. It shall be divided into three equal parts called feet, and each foot into twelve cqual parts called inches, and for the measure of cloth and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths. The rod, pole, or perch shall contain five and one-half such yards, and the mile, one thousand seven hundred sixty such yards.

Sec. 3229. Land measure. The acre for land measure shall be measured horizontally and contain ten square chains and be equivalent in area to a rectangle sixteen rods in length and ten rods in breadth, six hundred and forty such acres being contained in a square mile. The chain for measuring land shall be twenty-two yards long, and be divided into one hundred equal parts, called links. Sec. 3230. Weight. The units or standards of weight from which all other weights shall be derived and ascertained shall be the standard avoirdupois and troy weights secured in accordance with the provisions of section 3227. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred sixty, shall be divided into sixteen equal parts called ounces; the hundredweight shall consist of one hundred avoirdupois pounds, and twenty hundredweight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy pound.

Sec. 3231. Liquids. The unit or standard measure of capacity for liquids from which all other measures of liquid shall be derived and ascertained shall be the standard gallon secured in accordance with the provisions of section 3227. The gallon shall be divided by continual division by the number two so as to make half-gallons, quarts, pints, half-pints, and gills. The barrel shall consist of thirty-one and one-half gallons, and two barrels shall constitute a hogshead.

Sec. 3232. Dry measure.-The unit or standard measure of capacity for substances not liquids from which all other measures of such substances shall be derived and ascertained shall be the standard half-bushel secured in accordance with the provisions of section

3227. The peck, half-peck, quarter-peck, quart, pint, and halfpint measures for measuring commodities which are not liquids, shall be derived from the half-bushel by successively dividing the cubic inch capacity of that measure by two.

Sec. 3233. Bottomless measures.-Bottomless dry measures shall not be used unless they conform in shape to the United States standard dry measures.

Sec. 3234. Sales of dry commodities to be by weight.-All dry commodities unless bought or sold in package or wrapped form shall be bought or sold only by the standard weight or measure herein established, or by numerical count, unless the parties otherwise agree in writing, except as provided in the four following sections. Sec. 3235. Drugs and section comb honey.-The requirements of the preceding section shall not apply to drugs or section comb honey.

Sec. 3236. Bushel by weight. When any of the commodities enumerated in this section shall be sold by the bushel or fractional part thereof, except when sold as provided in the two following sections, the measure shall be determined by avoirdupois weight and shall be computed as follows:

Apples

Pounds

Pounds

Sec. 3237. Sale of certain fruits and vegetables by dry measure.Blackberries, blueberries, cranberries, currants, gooseberries, raspberries, cherries, strawberries, and similar berries, also onion sets in quantities of one peck or less, may be sold by the quart, pint, or half-pint, dry measure.

Sec. 3238. Sale of fruits and vegetables in Climax baskets.-Grapes, other fruits, and vegetables may be sold in climax baskets; but when said commodities are sold in such manner and the containers are labeled with the net weight of the contents in accordance with the provisions of section 3037, all the provisions of the chapter relative to labeling foods shall be deemed to have been complied with.

Sec. 3239. Berry boxes and Climax baskets.-Berry boxes sold, used, or offered or exposed for sale shall have an interior capacity of one quart, pint, or half-pint dry measure. Climax baskets sold, used, or offered or exposed for sale shall be of the standard size fixed below:

1. Two-quart basket: Length of bottom piece, nine and one-half inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, three and seven-eighths inches, outside measurement; top of basket, length eleven inches, and width five inches, outside measurement; basket to have a cover five by eleven inches, when a cover is used.

2. Four-quart basket: Length of bottom piece, twelve inches; width of bottom piece, four and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, four and eleven-sixteenths inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inches, outside measurement; basket to have cover six and one-fourth inches by fourteen inches, when cover is used.

3. Twelve quart basket: Length of bottom piece, sixteen inches; width of bottom piece, six and one-half inches; thickness of bottom piece, seven-sixteenths of an inch, outside measurements; top of basket, length nineteen inches, height of basket, seven and one-sixteenth inches, width nine inches, outside measurement; basket to have cover nine inches by nineteen inches, when cover is used.

Sec. 3240. Hop boxes.-The standard box used in packing hops shall be thirty-six inches long, eighteen inches wide, and twenty-three and one-fourth inches deep, inside measurement.

Sec. 3241. Milk bottles. The standard bottle used for the sale of milk and cream shall be of a capacity of one-half gallon, three pints, one quart, one pint, one-half pint, one gill, filled full to the bottom of the lip.

Sec. 3242. Flour.-A barrel of flour shall consist of one hundred ninety-six pounds avoirdupois and one-fourth barrel consisting of forty-nine pounds shall be a sack of flour.

No barrel or sack of flour shall be sold which contains less than the amount herein specified.

Sec. 3243. Mason work, or stone. The perch of mason work or stone shall consist of twenty-five feet, cubic measure.

Sec. 3244. Sales to be by standard weight or measure. All commodities bought or sold by weight or measure shall be bought or sold only by the standards established by this chapter, unless the vendor and vendee otherwise agree. Sales by weight shall be by avoirdupois weight unless troy weight is agreed upon by the vendor and vendee.

Code, 1924, ch. 162, p. 438.

Sec. 3245 (a1924). Sale of coal, charcoal, and coke.-No person shall sell, offer or expose for sale any coal, charcoal, or coke in any other

manner than by weight, or represent any of said commodities as being the product of any county, State, or Territory, except that in which mined or produced, or represent that said commodities contain more British thermal units than are present therein.

Sec. 3246. Delivery tickets required. No person shall deliver any of said commodities without each such delivery being accompanied by duplicate delivery tickets, on each of which shall be written in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivering vehicle, and the net amount in weight of the commodity, with the names of the purchaser and the dealer from whom purchased.

Sec. 3247. Disposition of delivery tickets.-One of said duplicate tickets shall be delivered to the vendee and the other one shall be returned to the vendor. Upon demand of the department the person in charge of the load shall surrender one of said duplicate tickets to the person making such demand. If said ticket is retained an official weight slip shall be delivered by said department to the vendee or his agent.

Sec. 3248. Sales without delivery. When the vendee carries away the commodity purchased, a delivery ticket, showing the actual number of pounds received by him, shall be issued to him by the vendor.

Sec. 3249. Sales of hay or straw by bale.-No person shall sell, offer or expose for sale any bales of hay or straw without first attaching thereto a plain and conspicuous statement of the minimum net weight contained in such bales; but nothing in this section shall be construed to require a statement of weight on each bale where hay or straw is sold by the ton and a ticket showing the gross, tare, and net weight accompanies the delivery.

Sec. 3250. Inspection of loaded vehicles. The department may stop any wagon, auto truck, or other vehicle loaded with any commodity being bought, offered or exposed for sale, or sold, and compel the person having charge of the same to bring the load to a scale designated by said department and weighed for the purpose of determining the true net weight of the commodity.

Code, 1924, ch. 163, p. 439.

Sec. 3251 (a1924). State sealer.-The department shall designate one of its assistants to act as State sealer of weights and measures. All weights and measures sealed by him shall be impressed with the word "Iowa."

Sec. 3252. Preservation of standards.-The department shall maintain the State standards in good order, shall take all necessary precautions for their safe-keeping, and shall submit them once in ten years to the National Bureau of Standards for certification.

Sec. 3253. Testing weights and measures.-Upon written request of any citizen, firm, or corporation, city, town, or country, or educational institution of the State made to the department, a test or calibration of any weights, measures, weighing or measuring devices, and instruments or apparatus to be used as standards shall be made. Sec. 3254. Sealing milk bottles not required.-The State sealer shall not be required to seal bottles for milk or cream, but they shall be inspected from time to time in order to ascertain whether they are standard.

Sec. 3255. Sealer for cities and towns.-A sealer of weights and measures may be appointed in any city or town by the council, who shall hold his office during its pleasure, and may obtain from the department such standard weights and measures as the council may deem necessary.

Sec. 3256. Duties of city sealer.-Each sealer in cities and towns shall take charge of and provide for the safekeeping of the town or city standards, and see that the weights, measures, and all apparatus used for determining the quantity of commodities used throughout the town or city, agree with the standards in his possession.

Sec. 3257. Expenses. All expenses directly incurred in furnishing the several cities and towns with standards, or in comparing those that may be in their possession, shall be borne by said cities and

towns.

Code, 1924, ch. 164, p. 439.

Sec. 3258 (a1924). Definitions. For the purpose of this chapter: 1. "Public scale" shall mean any scale or weighing device for the use of which a charge is made or compensation is derived.

2. "Gasoline pump "shall mean any pump, meter, or similar measuring device used for measuring gasoline.

Sec. 3259. License required.-Every person who shall use or display for use any public scale or gasoline pump shall secure a license for said scale or pump from the department.

Sec. 3260, as amended by Acts, 1925, ch. 62, p. 53. Fee; expiration of license. The license fee shall be three dollars per annum and each license for a public scale shall expire on December thirty-first and for a gasoline pump on June thirtieth of each year.

Sec. 3261. Form of license.-The license shall be in the form of a metal plate bearing the words "Licensed by the State of Iowa, No. Each plate shall be numbered consecutively and bear the year for which the license is granted.

Sec. 3262. License to be displayed; removal.-The license plate shall be displayed prominently on the front of the scale or pump, and the defacing or wrongful removal of such plate shall be punished as provided in chapter 147. Absence of license plate shall be prima facie evidence that the weighing or measuring device is being operated contrary to law.

Sec. 3263. Oath of weighmasters.-All persons keeping public scales, before entering upon their duties as weighmasters, shall be sworn before some person having authority to administer oaths, to keep their scales correctly balanced, to make true weights, and to render a correct account to the person having weighing done.

Sec. 3264. Weighmasters to keep registers.-Weighmasters are required to make true weights and keep a correct register of all weighing done by them, giving the amount of each weight, date thereof, and the name of the person or persons for whom done, and give, upon demand, to any person having weighing done, a certificate showing the weight, date, and for whom weighed.

Sec. 3265. Penalty.-Any weighmaster violating any of the provisions of the two preceding sections, shall be guilty of a misdemeanor, and punished as provided in chapter 147 and be liable to the person injured for all damages sustained.