management, and control of the city, town, or village, and its property and finances, and shall have the power to enact ordinances for the purposes hereinafter named, and such as are not repugnant to the laws of the State, and such ordinances to alter, modify, and repeal; and they shall have power.

Sec. 5822. Weighing, measuring and inspecting.-(Ninth) To prescribe rules for the weighing and measurement of every commodity sold in the municipality, in all cases not otherwise provided by law, and provide for the measuring of wood and fuel and the weighing of coal, and determine the place or places for the sale of the same, and fix the fees and duties of the person authorized to perform the duties herein named; and to provide for the inspection and condemnation of coal-oil, gasoline, naphtha, and all other inflammable and combustible oils, fluids, or gases used for heating or lighting purposes, when the same shall not be of the quality and standard prescribed by ordinance.

Sec. 5850. May test water, electric light and gas meters.-If, upon complaint of any citizen or citizens interested, the board of mayor and aldermen of any municipality finds that there is reasonable ground for believing that any meter or meters intended to measure or register the quantity of water, or electric light or power, or gas supplied or furnished by any individual, company or corporation to the municipality or its inhabitants is or are of a less candle power or degree of brilliancy than required by contract, said mayor and board of aldermen may employ an expert, who shall examine and test said meter or meters and said light or lights, as the case may be, and report back to said board, notice of the time and place of the proposed test or tests being first given to all parties interested; and if such examination or test shall show the fact that said meter or meters measure or register incorrectly or excessively, or that said light or lights are of a less candle power or brilliancy than required by contract, then all expenses of such examination and test incurred by said municipal authorities shall be charged against and collected back from said individual, company or corporation supplying or furnishing said water, electric light or power, or gas, as the case may be, and such penalties may be imposed as the municipal ordinances may provide. This section shall apply to all municipalities, whether the same have elected to come under this chapter or not. Hemingway's Ann. Code, 1917, ch. 15, p. 617.

Sec. 1106 (1888). Scalage. If any purchaser or weigher of cotton shall deduct from the true weight of any bale or package thereof any amount whatever, as scalage, with intent to diminish the sum to be paid or credited to the selter, he shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars nor more than twenty.

Sec. 1107. Actual weight. If any purchaser of cotton shall fail to account to the seller for the actual weight of the cotton bought, except where the amount of the deduction is agreed upon between them, or adjudged by a disinterested person for them, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in the last section.

Hemingway's Ann. Code, 1917, ch. 147, p. 2615.

Sec. 6159°. Standard measure for oysters.-That a standard measure for oysters is hereby established, which said measure shall consist of a tub or other round vessel of the following dimensions, to wit: It shall measure seventeen inches in diameter inside at the bottom and twenty-one and one-half inches inside at the top, and fourteen and one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of inverted frustum of a cone. Two of these measures filled to the top shall make one barrel, and all oysters bought or sold in this State in the shell shall be measured in a measure of this dimension or measure holding a fraction or multiple thereof, and it shall be unlawful for any person to have in his possession any measure for oysters in the shell which shall differ in size from the measure herein provided for, or to demand or require a greater or less measure in buying or selling; and no vessel or measure shall be used in buying or selling oysters until it has been measured and stamped by the oyster inspector with a metal tag or stamp, showing the quantity of oysters such measure will hold. It shall be the duty of the oyster inspector to make such measurements and to visit for that purpose each place where oysters are bought and sold as required, not to exceed once in each month during the canning season, and shall keep a book in which shall be recorded the dimensions of all vessels so measured. And for each stamp the chief inspector shall receive the sum of twentyfive cents from the person, persons or corporation to whom it is issued. The chief inspector shall keep a book to be known as the "oyster measure record," in which he shall register the names of each person, firm or corporation to whom he has issued such stamp and the date of issuance; and said record shall be open for the inspection of the public during business hours; and for every false or fraudulent issuance of said stamp or for every stamp issued without a record thereof being kept, in the "oyster measure record," the chief inspector shall be guilty of a misdemeanor and shall, on conviction, be fined the sum of fifty dollars, one-half of which shall be paid to the person or persons informing on the chief inspector. Hemingway's Ann. Code, Suppl., 1921, ch. 147A, p. 542.

Sec. 6166a (1920). Paint, varnish, etc., unlabeled. It shall be unlawful for any person, firm or corporation within this State to manufacture for sale, sell, or exchange, or to offer or to keep for sale or exchange any paint, putty, linseed oil or other paint oils, turpentine or varnish that is not labeled in accordance with the provisions of this act, or which is adulterated or misbranded or insufficiently labeled or branded; and any person, firm, or corporation violating any provision of this act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twentyfive dollars, and not more than one hundred dollars for the first offense, and not less than fifty dollars and not more than two hundred dollars for each subsequent offense.

Sec. 6166b. Term "paint" defined.-The term paint as used herein shall include all substances, whether dry or ground in oil, used or intended for use as paint or as components of paint. It shall include paste and semi-paste paints, house, carriage, wagon, barn,

floor, roof, and implement paints and enamels, and all kinds of liquid and ready mixed paints. It shall not include artists' colors, liquid bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and roof stains.

Sec. 6166c. Receptacles to bear labels. Every container or receptacle' of paint, putty, linseed oil, or other paint oils, turpentine, and varnish sold, exchanged, or offered or kept for sale or exchange shall bear a label printed in legible type in English stating:

(a) The kind of paint or material in the container, and the name and residence of the manufacturer by whom made and the name and residence of the distributor, person or firm for whom made.

(b) The volume, if sold by volume; and the net weight if sold by weight.

Sec. 6166e. State chemist to enforce this act.-The State chemist is hereby charged with the enforcement of the provisions of this act. He shall also prepare such rules and regulations as are necessary to carry its intent and purpose into effect; and the collection, examination, and analysis of specimens of paint, putty, linseed oil and other paint oils, turpentine, and varnish shall be carried out under his direction by duly authorized inspectors and analysis. Laws, 1923, ch. 114, p. 108.

Sec. 9. Standard weights to be used.-No person purchasing, selling or storing grain in any public local grain warehouse in this State, as the same is now or may be hereafter defined by law, shall use any other measure for such grain than the standard bushel, and no other number of pounds shall be used or called a bushel than the number of pounds provided by law as the standard weight of the kind of grain in question: Provided, however, That during the months of October and November not exceeding eighty pounds and during the months of December and January not exceeding seventytwo pounds may be so used as the standard bushel of new ear

corn.

Laws, 1918, ch. 191, p. 224.

Sec. 5. Milk or cream testing apparatus.-That it shall be unlawful for any person to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk or cream for the purpose of purchasing same, either for himself or another, without first securing a license from the State commissioner of agriculture, who shall issue such license, upon a form prepared by him, upon payment of a fee of one dollar for a period of twelve months: Provided, The applicant for license shall pass a satisfactory personal examination that shall satisfy said commissioner that he is competent and qualified to operate and use such apparatus and make an accurate test with same, which license may be revoked by the commissioner when it shall be shown that such licensed person is incompetent or unreliable. The testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this act: Provided, That any licensed person may for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to ex

ceed fifteen days, and subject to the approval of said commissioner. Any person violating the requirement of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided in section 2 of this act.

Sec. 6, as amended by Laws, 1922, ch. 253, p. 339. Babcock test.-It shall be unlawful for any person, either for himself or another, to falsely manipulate, or under-read or over-read, take inaccurate samples or make any false determinations by Babcock test or any other contrivance used to determine the quantity of fat in milk or cream or value of milk or cream delivered to a creamery, cheese factory, condensory, ice cream plant, milk plant or milk depot, or when sold or purchased. The test shall be clear oil, free from sediment, solids, or other foreign substance, and must be read at a temperature of 125°-140° F. Cream tests must be weighed. The scales must be sensitive and accurate. The tester and owner or owners are jointly responsible for their accuracy. For the purpose of providing official supervision of the operation of the Babcock test in all licensed receiving stations conducted for the purchase of butter fat either in the form of cream or milk, to promote fair competition, and to protect the producer of butterfat, thereby giving more confidence to the producer in the system of determining the per cent of butterfat in cream or milk, the following regulation is hereby promulgated:

That all individuals, corporations and partnerships authorized by license or permit to conduct the Babcock test in the State of Mississippi shall retain in a cool, clean, sanitary place and in tightly stopped bottles or tightly covered jars the exact, properly labeled samples of cream or milk from which the butterfat test has been conducted, until 6 p. m. of the day following the application of the test where daily testing is practiced, and until 6 p. m. of the second day following the application of the test where composite testing of individual deliveries is practiced. In case of Sundays and legal holidays intervening the samples shall be held one additional day.

Upon such occasions as may be determined wise, this department or its inspectors may order any sample or samples held for a longer period than provided for by these regulations.

Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided in section 2 of this act.

Sec. 7. Bottles and pipettes used in measuring milk or cream.-All bottles and pipettes used in measuring milk or milk products for making determination of the per cent of fat in said milk or milk products, shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "sealed," and in the side of the pipette or the side or bottom of the bottle the name, initials or trade-mark of the manufacturer and his designating number, which designating number shall be furnished by the State commissioner of agriculture upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by said commissioner, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of said commissioner. Any manufacturer who sells Babcock, or other, milk, cream or

butter test bottles or milk pipettes, to be used in this State, that do not comply with the provisions of this section shall suffer a penalty of five hundred dollars, to be recovered by the attorney general of the State in action in the name of the State upon the bond of such manufacturer and any dealer who uses, for the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes purchased after six months from the date of this act shall take effect, that do not comply with the provisions of this section relating thereto, shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided in section 2 of this act.