Sec. 1321. When weighed; bushel; ton. The operator shall, where the miner is to be paid by the ton or other quantity, unless otherwise agreed upon in writing, weigh the coal before screening, and the miner shall be credited at the rate of eighty pounds to the bushel and two thousand pounds to the ton, but no payment shall be required for sulphur, rock, slate, blackjack, dirt, or other impurities which may be loaded or found with the coal. Sec. 1337. Penalty.-Any owner, lessee, or operator, or any party in charge of any mine, or any weighman or checkweighman violating any of the provisions of this chapter relating to the correct weighing and recording of the weights of coal mined at any mine shall be fined not exceeding five hundred dollars or be imprisoned in the county jail not exceeding sixty days. * KANSAS Rev. Stats., 1923, ch. 83, p. 1415. Sec. 83-101 (1909). 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 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 Kansas. Sec. 83-102. Units of length and surface measure; yard; foot; inches; rod; pole; perch; mile; chain; link; acre.-The units of standard measures of length and surface from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, are the standard of lengths designated in this act. The yard is divided into three equal parts called feet, and each foot into twelve 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 52 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 for land measure shall be measured horizontally and contain 10 square chains, equivalent in area to a rectangle 16 rods in length and 10 in breadth; 640 acres being contained in a square mile. Sec. 83-103. Units of 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 act. The hundredweight consists of 100 avoirdupois pounds, and a ton contains 20 hundredweights. Wherever hereafter in this act the word pound is used it shall mean the avoirdupois pound unless otherwise distinctly specified. Sec. 83-104. Units of dry measure. 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 act. 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. 83-105. Units of liquid measure. The units of standards of measure of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measure designated in this act. The liquid gallon shall be divided by continual division by the number two so as to make half gallons, quarts, pints, half pints and gills. Sec. 83-106. 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 Kansas. Sec. 83-107. Metric weights and measures.-The weights and measures of the metric system shall be legal weights and measures in the State of Kansas. Sec. 83-108 (a1911). Enforcement.-That the State board of health shall be charged with the duties of enforcing the provisions of this act. Sec. 83-109 (a1921). Standard weights for mill products and commodities, how sold; weights to be marked, when; weights per barrel and bushel. That mill products and vegetable products hereinafter mentioned shall have only the following standard weights, and 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 net weight, the net weight to be plainly marked on the outside of the barrel, sack, package or bale as the case may be, and the net weight, whether stated in words or otherwise, shall be as follows: Barrels of wheat and rye flour and corn meal, one hundred and ninety-six pounds net. One-half barrels, ninety-eight pounds net. Provided, however, That corn meal may be packed and sold in sacks of thirty-five pounds net, seventeen and one-half pounds net, and eight and three-fourths pounds net. When hay and straw are sold in bales, the correct weight which said bale contains, when sold at retail by the bale. Cottonseed meal in sacks, one hundred pounds net. Bran in sacks, one hundred pounds net. Meat meal in sacks, one hundred pounds net. And all other feeds made from cereals of any kind, whether pure, mixed, or adulterated, one hundred pounds per sack net. The net weight per bushel of the following articles shall be as follows, and any fractional part of a bushel shall be the like fractional part of the said weight per bushel, net. And the standard barrel for all fruits and vegetables and other dry commodities shall contain 7,056 cubic inches, and for sweet potatoes and apples the 2-bushel box shall contain 4,704 cubic inches and 1-bushel box shall contain 2,352 cubic inches. Sec. 83-110 (1923). Climax baskets.-The standards for Climax baskets for grapes and other fruits and vegetables shall be the twoquart basket, four-quart basket, and twelve-quart basket, respectively: (a) The standard two-quart Climax basket shall be of the following dimensions: 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 measurements. 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. (b) The standard four-quart Climax basket shall be of the following dimensions: 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. (c) The standard twelve-quart Climax basket shall be of the following dimensions: Length of bottom piece, sixteen inches, width of bottom piece, six and one-half inches; thickness of bottom piece, seven-sixteenths of an inch; height of basket, seven and onesixteenth inches, outside measurements; top of basket, length nineteen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used. Sec. 83-111. Containers for small fruits or vegetables.-That the standard basket or other container for small fruits, berries and vegetables shall be of the following capacities, namely, dry onehalf pint, dry pint, dry quart or multiples of the dry quart. (a) The dry half-pint shall contain sixteen and eight-tenths cubic inches. (b) The dry pint shall contain thirty-three and six-tenths cubic inches. (c) The dry quart shall contain sixty-seven and two-tenths cubic inches. Sec. 83-112. Apple boxes.-That the standard apple box shall have inside dimensions of ten and one-half inches by eleven and one-half inches by eighteen inches and shall contain twenty-one hundred and seventy-three and five-tenths cubic inches. Sec. 83-113. Baskets or boxes not complying with act.-That it shall be unlawful to manufacture for sale or shipment, sell, offer for sale, or ship within the State, Climax and other baskets and apple boxes, either filled or unfilled, which do not comply with this act. Any individual, partnership, association or corporation that willfully violates this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $100. Sec. 83-114. Inspection of containers; variation from standards.That the examination and test of Climax baskets, baskets or other containers for small fruits, berries and vegetables for the purpose of determining whether such baskets or other containers comply with the provisions of this act, shall be made by the secretary of the State horticultural society, and its secretary shall establish and promulgate rules and regulations allowing such reasonable tolerances and variations as may be found necessary. Sec. 83-115 (1909). Contracts, 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 act, 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. 83-116. Dry commodities, how sold.-All dry commodities not otherwise specified in this act shall be sold only by standard dry measure, standard weight, or numerical count, except where parties otherwise agree. Sec. 83-1171 (a1911). Berry boxes, capacity; to be labeled, when.--Berries and small fruits whenever sold in boxes shall be sold in boxes containing standard liquid quart or liquid pint, and if said boxes contain less than this amount, the information must be given to the purchaser by such package being labeled with a statement of the net contents. Sec. 83-118 (1909). Milk and other liquid commodities, how sold.All milk or cream that shall be sold in bottles shall be sold only in bottles containing half-pints, pints, quarts, half-gallon or gallons. All other liquid commodities shall be sold only by standard liquid measure or standard weight, except where parties otherwise agree. Sec. 83-119. Bread, weight of; how sold; to be labeled, when.-A loaf of bread for sale shall be two pounds in weight. Bread, unless composed in chief part of rye or maize, shall be sold only in whole, half and quarter 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 this section shall not apply to rolls or to fancy bread weighing less than one-quarter of a pound. Every loaf, half-loaf or quarter-loaf of bread which does not weigh the full weight required by this section shall be plainly labeled with the exact weight. 1 This section is in conflict with section 83_111, which requires the sale of berries by dry measure. 517-26-18 |