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or who may offer or expose for sale any cotton duck or canvas or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, together with a description by name of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture.
Sec. 3969. Unlawful to sell same unless branded as above.—It shall be unlawful for any person or corporation either individually or in any representative capacity, to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, or any articles other than clothing and wearing apparel, composed or made in whole or in part of any cotton duck or canvas without having marked thereon the true and correct weight of said canvas or cotton duck by ounces per yard, together with a description by name of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate, misrepresent or conceal the existence of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture.
Sec. 3970. Concealing or misstating correct size unlawful. It shall be unlawful for any person or corporation either individually or in representative capacity, selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tents, grain and hay covers, stable or tent tops, to misstate or misrepresent or conceal the true and correct size and dimensions thereof.
Sec. 3971. Unlawful to deface mark.—It shall be unlawful for any person to deface, mutilate, obscure, conceal, efface, cancel or remove any mark provided for by this act, or cause or permit the same to be done with intent to mislead, deceive or to violate any of the provisions of this act.
Sec. 3972. Penalty for violation.—Any person, company or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and for each subsequent offense by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). Gen. Stats., 1923, ch. 101, p. 1413.
Sec. 10401o. Use of false weights a misdemeanor.—Every person who shall injure or defraud another by using, with knowledge that the same is false, a false weight, measure, or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly delivering less than the quantity he represents; or who shall retain in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation of the foregoing provisions of this section; or who shall knowingly mark or stamp false or short weights or false tare on any cask or package, or knowingly sell or offer for sale any cask or package so marked-shall be guilty of a misdemeanor.
Sec. 10402 (1913). Containers for small fruits to be of legal size.-It shall be unlawful for any person to sell, offer for sale, or give away, any containers for the distribution of berries or small fruits in less quantities than one bushel, unless said containers are of the capacity of one quart, one pint, or one-half pint, or multiples of a quart standard dry measure, and all sales of raspberries, blackberries, blueberries, currants, gooseberries, strawberries, and similar berries, and all plums, cherries and similar small fruit, in less quantities than one bushel shall be by dry measure, or in containers as above specified. The possession of containers for berries or small fruit shall be presumptive evidence that they were to be used for distribution.
Sec. 10403. Not to be refilled; violation a misdemeanor.-In no case shall said containers be refilled for use in the sale of berries or small fruits of any kind whatsoever.
Sec. 10404. Penalty.--Any person violating the provisions of this law shall be guilty of a misdemeanor and punished by a penalty of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days.
Hemingway's Ann. Code, 1917, ch. 72, p. 1605.
Sec. 3346 (1914). That the standards of the weights and measures of this State as given below shall be deposited with the secretary of state and also at the different State institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them, and to receive the fees therefor. And on all sales by weight of the agricultural products hereinafter named the number of pounds per bushel or the number of pounds per gallon as stated in the following schedule shall be the true and legal standard weight, viz:1
Pounds Wheat, per bushel. 60 Hemp seed, per bushel.
44 Corn, in the ear 72 Salt, per bushel...
50 Corn, shelled, per bushel. 56 Corn meal, per bushel..
48 Rye, per bushel. 56 Ground peas, per bushel.
24 Buckwheat, per bushel.
38 Barley, per bushel. 48 Bran, per bushel..
20 Oats, per bushel. 32 Stone coal, per bushel
80 Peas, per bushel.
60 Lime, unslacked, per bushel. 80 White beans, per bushel. 60 Sorghum seed, per bushel..
42 Castor beans, per bushel.
Corn meal, bolted, per bushel. 44 Irish potatoes, per bushel.
60 Corn meal, unbolted, per bushel.. 48 Sweet potatoes, per bushel.
54 Flour, in barrels, per barrel, net.- 196 Onions, per bushel. 57 Flour, in half barrels, net..
98 Turnips, per bushel.
55 | Flour, in one-fourth barrel sacks, Dried peaches, per bushel.. 33 net.
48 Dried apples, per bushel
26 Flour, in one-eighth barrel sacks, Clover seed, per bushel. 60 net.
24 Flax seed, per bushel.. 56 Meal, in barrels, net.
200 Millet seed, per bushel. 50 Sorghum, per gallon.-
11 Hungarian grass seed, per bushel. 50 Louisiana
molasses, per Timothy seed, per bushel.. 45 gallon..
11 Blue grass seed, per bushel... 14 Cotton seed 3.
32 Sec. 3347. Penalty for using short weights or measures.—That it is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation of the above schedule of rates and any such person or corporation upon conviction shall be punished by a fine of not less than five nor more than fifty dollars.
Sec. 3348o. Contracts.--All contracts for work or labor done, or anything to be sold and delivered, will be construed to have been made according to the standards, unless the parties stipulate to the contrary.
Sec. 3349. Standard for counties and cities. The board of supervisors of every county, and the mayor and board of aldermen of every city, may procure the standards of weights and measures, duly
· For convenience in printing a slight change has been made in arrangement of these articles.
• See Laws, 1923, ch. 114, p. 108, infra. * See sec. 3352.
sealed by the secretary of state or some proctor, and consisting of one weight of fifty pounds, one of twenty-five pounds, one of fourteen pounds and one of seven pounds; two of four pounds, two of two pounds, and two of one pound, avoirdupois; one measure of one yard, and one of one foot, cloth measure; one measure of half a bushel, one of one peck, and one of one-half peck, dry measure; one measure of one gallon, one of a half gallon, one of one quart, one of one pint, and one of one gill, wine measure.
Sec. 3350. Inspector of provisions to be keeper of standards; sealing and fees.—The inspector of provisions appointed for the county or city shall be the keeper of the standards of weights and measures, and shall seal by such standards all measures brought to him; but if there be no such officer, the clerk of the circuit court and the clerk of the city shall be respectively keepers of the standards for the county and city, and shall seal weights and measures brought to them, and receive the fees allowed.
Sec. 3351. Stamps for sealing measures.--The boards of supervisors and mayors and boards of aldermen shall respectively provide the proper stamps or brands with which to seal weights and measures.
Sec. 3352. Cotton seed. Unless otherwise agreed upon, a bushel of cotton-seed shall be thirty-two pounds avoirdupois.
Sec. 3353 (1908), Coal, ton of; box or barrel of.--The standard weight of coal shall and is hereby established at two thousand (2,000) pounds to the ton, or two hundred (200) pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand pounds, or the box or barrel of two hundred pounds.
Sec. 3354°, Measures of charcoal.-Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter bushels.
Sec. 3355. Measure of saw logs, etc.—The table known as “ Scribner's lumber and log book by Doyle's rule" is the standard rule of measurement by which sawlogs and square timber shall be measured. The use of any other rule of measurement is unlawful; and any person who shall use any other rule which gives a less number of feet in a given log, shall be guilty of a misdemeanor, and punished accordingly, and be liable to any person injured for triple damages.
Sec. 3356. Dealers to have none but sealed measures.—When the county or city is supplied with the standards of weights and measures, every dealer therein shall have none but sealed weights and measures, and the weights shall be so sealed as that the removal of any part of the filling will destroy or deface the seal; and every dealer having, in such case, any weight or measure which has not been duly sealed, shall be guilty of a misdemeanor, and shall, moreover, forfeit ten dollars for every day he may have any unsealed weight or measure.
Sec. 3357. Selling by false weights or measures. If any person shall sell anything by any false weight or measure, whereby another shall be cheated; or if any person shall sell any light-weight loaf or package, calling the same a pound or other quantity, or if any person shall sell any under-capacity bottle or other vessel, calling it a pint, quart, or other quantity, he shall be guilty of a misdemeanor and fined not less than ten dollars, and imprisoned not less than ten days.
Sec. 3358. Food packages to be labeled.—The correct name and the true net weight of the contents of each and every hogshead, barrel, box, cask, bale, sack or package of flour, corn meal, cotton-seed meal and of any and all other kinds of feeding stuff made from cereals of any kind, whether pure, mixed or adulterated, and whether sold in single packages or lots, shall be plainly marked, branded or stenciled in large, legible letters and figures, upon the exterior of such hogsheads, barrel, box, cask, bale or package, and it shall be unlawful for any person, firm or corporation or the agent, employe or representative of any person, firm or corporation to sell or exchange or offer for sale or exchange any of such mill products, so packed or contained, until the provisions hereof have been complied with.
Sec. 3360. Penalty.—If any person shall violate the provisions of the two preceding sections [Sections 3358 and 3359] he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in the sum of not less than twenty-five dollars nor more than one hundred dollars. Hemingway's Ann. Code, 1917, ch. 107, p. 2199.
Sec. 4658°. Inspectors liable as other officers. Every inspector of foods shall be liable, civilly and criminally, as other officers are, for fraud and any malfeasance or misfeasance in office, and shall be liable on his bond for the safe-keeping and accounting for the standards of weights and measures.
Sec. 4663. Underweight barrels of flour, meal, pork and beef forfeited.-If any person shall sell, keep, or offer for sale, any barrel of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of such underweight flour, meal, pork, or beef which he may have in his possession.
Sec. 4669 (1910). Articles deemed mislabeled.—That for the purpose of this act an article shall be deemed to be mislabeled or misbranded :
If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. Hemingway's Ann. Code, 1917, ch. 138, p. 2471.
Sec. 5681o. Millers to keep sealed measures and toll dishes.-Every owner or occupier of a mill grinding for toll shall keep and use therein sealed measures of half-bushel and peck, and a sealed toll dish, and shall measure all grain by strike measure, under penalty of paying five dollars for every such failure, recoverable, with costs, before a justice of the peace, to the use of the informer; but this shall not apply to plantation mills. Hemingway's Ann. Code, 1917, ch. 144, p. 2501.
Sec. 5812°. Powers, how exercised.—The powers hereby granted shall be exercised by the mayor and board of aldermen of the respective cities, towns, and villages, as hereinafter set forth.
Sec. 5813. Powers of mayor and board of aldermen.—The mayor and board of aldermen of every city, town, and village shall have the care,