MISSOURI

Rev. Stats., 1919, Vol. 3, ch. 127, p. 4203.

Sec. 13577°. County clerk to procure weights and measures; length; capacity; weight.-The clerk of each county court shall provide, at the expense of the county, one measure of one foot, or twelve inches, English measure; one measure of three feet, or thirty-six inches, English measure, denominated one yard; one-half bushel measure, which shall contain one thousand seventy-five and one-fifth cubic inches, denominated dry measure; one gallon measure, which shall contain two hundred and thirty-one cubic inches; one-half gallon measure, which shall contain one hundred and fifteen and one-half cubic inches; one quart measure, which shall contain fifty-seven and three-fourts cubic inches. Also, one set of weights, called avoirdupois weights, and one seal, with initials of the county inscribed thereon; which measures, weights and seal shall be kept by the clerk of the county court of each county.

Sec. 13578. Notice. So soon as the weights and measures are provided, the clerks of the county court shall cause notice thereof to be given at the courthouse door, for two months; and any person who shall knowingly keep any measure or weights, and buy or sell any commodity whatsoever by such weights or measures as shall not correspond with the weights and measures deposited in the clerk's office, shall, for every such offence, forfeit and pay to the party injured ten dollars, to be recovered by civil action before any justice of the peace of the county.

Sec. 15379. Sealing.-Clerks of the county court shall, with the seal aforesaid, seal all weights and measures presented to them for that purpose, that correspond with the county standard.

Sec. 13580. Ton; hundredweight. The hundredweight shall consist of one hundred pounds avoirdupois, and twenty such hundreds shall constitute a ton.

Sec. 13581. Legal weights of bushel of various produce. Whenever the articles hereinafter named shall be sold by the bushel, and no special agreement as to the measurement or weights thereof shall be made by the parties, the bushel shall consist of the following number of pounds, viz:1

For convenience in printing a slight change has been made in arrangement of these articles. Cubic inches per bushel.

And whenever apples shall be sold by the barrel and no special agreement is made as to the size of the barrel by the parties, the size shall be as follows: Length of barrel, twenty-eight and onehalf inches, with chines of three quarters of an inch at the ends; the diameter of the heads shall be seventeen and one-quarter inches, and the diameter of the center of the barrel inside shall be twenty and one-half inches.

Sec. 13582. Timber; board measure.-All plank and sawed timbers and lumber shall, unless otherwise agreed by special contract, be sold by board measure.

Sec. 13583. Flour, weight of barrel, sack.-A barrel of flour shall consist of 196 pounds net; a sack of flour shall consist of 98 pounds net; a half sack of flour shall consist of 48 pounds net; a quarter sack of flour shall consist of 24 pounds net; no manufacturer or dealer in flour shall sell flour in barrels, sacks, half sacks or quarter sacks containing a less amount of flour than the amounts above specified. Before any barrel, sack, half sack or quarter sack of flour shall be sold, the number of pounds therein contained shall be plainly labeled or stamped thereon. Any person who shall sell any package of flour which shall be stamped or labeled with a greater number of pounds net than such package actually contains, or who shall put up or sell flour in any manner contrary to the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars nor more than one hundred dollars.

Sec. 13584. Fraudulent weighing of ore.--Any person or persons who keep any public or private scales and weigh for themselves or others, mineral, lead, zinc, coal and other ores, who knowingly take more than ten hundred pounds for one thousand or more than twenty hundred pounds avoirdupois for one ton, or fail to correctly balance his or their scales before weighing, or shall fail or neglect to account for each fractional part of a thousand or ton, as the case may be, in weighing any of the ores herein named, which ores are bought and sold by the thousand or ton, shall, for every such offense, forfeit and pay to the party injured a sum not less than twenty dollars nor more than fifty dollars, to be recovered by civil action before any justice of the peace in the county.

Sec. 13585. Sale of grain, etc., to be made by actual weight; penalty for deductions. Every sale of grain, seed, hay or coal shall be made on the basis of actual weight thereof, and any purchaser of grain, seed, hay or coal, who shall deduct any amount from the actual weight or measure thereof, under claim of right to do so by reason of any custom or rule of a board of trade or any pretense whatsoever, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense.

Sec. 13585a, as enacted by Laws, 1923, p. 381. Correct weight of coal; certificate to be furnished; violation a misdemeanor.-Every person or persons selling and delivering coal in wagon load or truck load lots shall correctly weigh said coal and shall furnish to the driver or person in charge of such load a ticket signed by the person selling such coal, stating the gross, tare and net weights, and said ticket shall also state the name of the purchaser of such coal and shall correctly describe the quality, kind and character of such coal; and the seller's driver or agent in charge of said load shall on the delivery of such load deliver such ticket to such purchaser. Any State, county or township officer sworn to preserve the peace shall have power to enforce the provisions of this section and in the enforcement thereof may require any driver or person in charge of such load of coal while hauling same, to exhibit the weight ticket of said load, and may require such person to drive such load to any public or private scale and have the same weighed thereon, and to return after delivery of such load and have the empty vehicle weighed. Any person or persons selling and delivering coal contrary to the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than ten dollars, nor more than one hundred dollars for each offense.

Sec. 13586. Authority of agent and broker, selling grain, etc.-No agent or broker selling any grain, seed, hay or coal shall have authority, under claim or right to do so by reason of any custom or rule of board of trade, to sell any grain, seed, hay or coal only on the basis of the actual weight thereof, and any contract of sale of any grain, seed, hay or coal made in violation of sections 13585 and 13586 of this article shall be null and void.

Rev. Stats., 1919, Vol. 2, ch. 72, p. 2357.

Sec. 7610°. Cities of first class.-All cities and towns in this State containing one hundred thousand inhabitants or more shall be cities of the first class.

Sec. 7621. What cities eligible to become first class.-All cities and towns in this State containing more than seventy-five thousand inhabitants and less than one hundred and fifty thousand inhabitants may elect to become cities of the first class in the manner hereinafter provided. In all cases, the population shall be determined by the last census taken, whether State or National.

Sec. 7674 (a1911). Powers of mayor and council of cities of the first class; weights and measures used by traders, dealers and common carriers to be tested; regulation and inspection of certain articles; inspection and weighing of hay, lime, fuel, etc.; to regulate inspection of articles and appoint weighers, gaugers and inspectors; to regulate weight and quality of bread. The mayor and common council shall have power within

the city, by ordinance, not inconsistent with the constitution or any law of this State or of this article:

XXIV. To require all traders or dealers in merchandise or property of any description which is sold by measure or weight, and all common carriers using weights and measures, to cause their weights or measures to be tested and sealed, and to be subject to inspection.

XXV. To regulate and provide for inspecting and measuring of firewood, lumber, shingles, timber, posts, staves, headings and all kinds of building materials, and for measuring all kinds of mechanical work, * * *

XXVI. To provide for the inspection and weighing of hay, lime, stone, coal, charcoal and all kinds of coal used for fuel or for heating purposes, and the place and manner of weighing the same.

XXVII. To regulate the inspection of beef, pork, flour, meal and other provisions, whiskey and other liquors to be sold in barrels, hogsheads and other vessels or packages; to appoint weighers, gaugers and inspectors, and to prescribe their duties.

XXVIII. To regulate the weight and quality of bread to be sold or used in the city.

Sec. 7611°. Cities of second class.—All cities and towns in this State containing thirty thousand and less than one hundred thousand inhabitants shall be cities of the second class.

Sec. 7970 (1913). What cities may become cities of the second class.All cities and towns in this State containing more than 30,000 inhabitants and less than 75,000 inhabitants may elect to become cities of the second class in the manner hereinafter provided. In all cases the population shall be determined by the last census taken, whether State or National, or by a census taken by a census supervisor appointed for that purpose by the governor of the State at the request of the mayor of any city of the third class, or upon the petition of not less than 100 of the registered voters of such city.

Sec. 7976 (a1917). General corporate powers; to inspect food, etc.; to inspect weights and measures, milk, ice cream, and to regulate weight and quality of bread.-Every city of the second class shall have power, by ordinance, not inconsistent with the constitution, or any law of this State, or of this article: * *

XXII. To inspect, test, measure and weigh any article of food, drink, or wear for consumption or use, bought, sold, used or handled in the city, and to inspect at all reasonable hours and times, all buildings, lands and places of every description in the city, as to their conditions for health, cleanliness and safety.

XXIII. To establish standards of weights and measures, and to provide for the inspection of all weights and measures: Provided however, That the standards as established by the United States Government or the State of Missouri shall be used where they apply. XLII. To provide for the inspection of milk, cream and ice cream offered for sale or for use in such city, and to provide a standard for such products, and to prescribe the weight and quality of bread to be sold in the city, and to provide for the seizure and confiscation of said products when not conforming to the regulations.

Sec. 7612 (1899). Cities of third class.-All cities and towns in this State containing three thousand and less than thirty thousand in

habitants, which shall elect to be a city of the third class, shall be cities of the third class.

Sec. 8297 (1893). Inspection, weighing, etc.-The council [of cities of the third class] may prescribe rules and provide methods by ordinance for the inspection, weighing and measuring of any commodity sold in the city in all cases not otherwise provided for by law, and may provide for the selling, weighing and inspecting of meats, poultry and vegetables, of butter, lard and other provisions and articles of food; and may provide for the inspecting and measuring of wood, coal and fuel, lumber, shingles, timber and all kinds of building material, and shall have power to appoint inspectors and measurers; and may make provisions for the inspection of steam boilers, and all steam heating apparatus, and to license engineers using steam boilers in the city, and may regulate the place or places where hay, lime, lumber, timber, wood, coal and all kinds of fuel shall be exposed for sale, and fix the fees of the person or persons appointed to perform the duties named in this section.

Rev. Stats., 1919, Vol. 2, ch. 38, p. 1791.

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Sec. 5670 (a1919). Food.-In the case of food as herein defined, an article shall also be deemed to be misbranded; * * 5. If in package form and the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count: Provided, however, That reasonable variations as to small packages shall be established by rulings and regulations made by the State food and drug commissioner, as provided by section 5732 of the Revised Statutes, 1919.

Sec. 5723. Mixed flour to be branded.-No person shall sell or offer for sale any flour, meal, grits or hominy, made from the admixture or adulteration of grains, unless there shall have been first branded upon each of the barrels or packages containing the same, the kind of grains composing said admixture, the quality and weight thereof, and the name and place of business of the person manufacturing the same: Provided, always, That the admixture of the several grades or kinds of wheat shall not be construed to be mixed or adulterated grains.

Laws, 1925, H. B. 84, p. 105.

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Sec. 1. Definitions. In this act the term "commissioner the commissioner of the State marketing bureau of the Missouri State board of agriculture. "Agricultural products" shall include horticulture, viticultural, dairy, bee, and any farm product; the word "person" shall include individuals, partnerships, corporations, associations, or two or more individuals having a joint or common interest; words used import the singular or the plural as the case may demand.

Sec. 2. Official standards for containers of farm products.-In order to promote, protect, further, and develop the agricultural interests of this State the commissioner is hereby authorized and empowered after investigation and public hearing to fix and promulgate official standards for grading and classifying any or all agricultural products grown or produced in this State and to fix and promulgate official standards for containers of farm products and change any of them from time to time.