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per bushel or per ton as fixed by the provisions of the preceding section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than three nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

Sec. 4228. Measurement of hay in stack; method of measuring hay in stack. Hereafter unless otherwise agreed to between the contracting parties, the following shall constitute the legal measurement for hay in stack in the State of Montana: Four hundred and twentytwo cubic feet shall constitute a ton of clean, native, blue joint hay, after thirty days and up to three months settlement in stack; when the same shall have been in the stack three months or over, three hundred and forty cubic feet shall be considered a ton. Five hundred and twelve cubic feet shall constitute a ton of alfalfa or rough slough grass, after the same shall have been in the stack thirty days or more and up to one year. Four hundred and fifty cubic feet shall constitute a ton of clean timothy and clover, after the same shall have been in the stack thirty days or more and up to one year. As to all other kinds of hay, five hundred and twelve cubic feet shall constitute a ton after the same shall have been in the stack sixty days or more and up to one year. For making measurements of hay in stack, the following is hereby made the legal method of measurement, to wit: The width and length of the stack shall be measured, and the distance from the ground against one side of the stack to the ground against the other side of the stack, directly over and opposite, shall be taken in linear feet and inches, and then the width shall be subtracted from the measurement over the stack, as above indicated, the result divided by two, and the result so obtained multiplied by the width, and the result thus obtained multiplied by the length, which will give the number of cubic feet contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this act for a ton.

Sec. 4233°. Weights and measures inspected by county sealer.-All vendors and traders in goods and merchandise, gold dust, and other articles of traffic, must have their balances, weights, and measures compared with the standard of their respective counties, and approved and marked by the county sealer, and if the same are found to be correct to be sealed with the name or initial letters of the county inscribed thereon, or condemned by him if found incorrect and marked "condemned."

Sec. 4234. Penalties.-The penalties for using, marking, or stamping false weights and measures, or selling therewith is [are] provided for in sections 11428 to 11431 of the Penal Code.

Rev. Codes, 1921, Vol. 4, Penal Code, Part 1, ch. 37, p. 154.

Sec. 11240°. False weight; penalty.-Every person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes. barrels, or packages, by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, with intent thereby to sell the

goods therein, or to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense.

Rev. Codes, 1921, Vol. 4, Penal Code, Part 1, ch. 47, p. 204.

Sec. 11428°. False weight and measure defined.-A false weight or measure is one which does not conform to the standard established by the laws of the United States of America.

Sec. 11429. Using false weights or measures.-Every person who uses any weight or measure, knowing it to be false, by which anotheris defrauded or otherwise injured, is guilty of a misdemeanor.

Sec. 11430. False marking. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor.

Sec. 11431. Ton, pound. In all sales of coal, hay and other commodities, usually sold by the ton or fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 182, p. 932.

Sec. 2336 (1921). Fuil weight. In all sales of coal the person selling the same must give to the purchaser full weight at the rate of two thousand pounds to the ton.

Sec. 2342. Misdemeanor. Any violation of any of the provisions of this act shall be deemed a misdemeanor, and shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 44, p. 1856.

Sec. 5039 (a1897). Powers of city or town councils. The city or town council has power:

23. To regulate the inspection, weighing, and measuring of wood, coal, stone, corn, or other grain, and hay, within the city or town.

56. To establish standard weights and measures to be used in the city or town, and to provide for a sealer of standard weights and measures, who has exclusive jurisdiction within the city or town.

57. To provide for the inspection and measuring of lumber and other building materials.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 199, p. 1008.

Sec. 2582 (1911). Weights and measures; size of gallon and pound.In case of food sold by weight or measure, all measures shall be in gallons or fractions thereof, a gallon to contain two hundred and thirty-one cubic inches, and each fraction of a gallon to contain its corresponding fraction of two hundred and thirty-one cubic inches. Where weights or measures are stated in pounds and ounces, they shall be exclusive of the wrapper or other container, and each pound shall contain sixteen ounces, each ounce containing four

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hundred and thirty-seven and one-half grains. Any person, persons, firm, or corporation selling or offering for sale any article of food as a pound, or any multiple thereof, except by actual weight, the net weight of which is less than sixteen ounces, or the proper multiple thereof to represent the number of pounds sold or offered for sale, and any person, persons, firm, or corporation selling or offering for sale any quantity of food as a gallon, or any fraction thereof, which does not contain two hundred and thirty-one cubic inches net measure, or the fraction thereof represented by the fraction of a gallon offered for sale or sold, shall be guilty of a misdemeanor. Sec. 2587. Contents to be marked on packages, when.That for the purpose of this act, an article shall be deemed to be misbranded;

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Third. If in the 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.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 276, p. 1545.

Sec. 4265 (1913). Standard size apple box established.-There is hereby created and established a standard size for apple boxes for the State of Montana. The standard size of an apple box shall be of the following dimensions, when measured without distention of its parts: Depth of end, ten and one-half inches; width of end, eleven and one-half inches; length of box, eighteen inches inside measurements; and representing as nearly as possible two thousand one hundred seventy-three and one-half cubic inches.

Sec. 4266. Boxes shall be plainly marked "Short box" or by what figures. Any box in which apples shall be packed and offered for sale that contains less than the required number of cubical inches, as prescribed in the preceding section shall be plainly marked on one side and one end with the words " Short box," or with the words or figures showing the practical relation which the actual capacity of the box bears to the capacity prescribed by the preceding section. The marking required by this paragraph shall be in black letters of the size of not less than seventy-two point black [block] Gothic.

Sec. 4267. The approximate number of apples, name of grower or packer, place of growth, variety of apples and grade to be plainly marked on box.-The box when packed and offered for sale shall bear upon it or upon the label, and in plain figures, the approximate number of apples in the box, which shall be within five apples of the true count of the number of the style of pack used in the box; also in plain letters the name of the firm, company, or organization who shall have first packed, or authorized the packing of the same. Also the name of the locality where the apples were grown; also the correct name of the variety of apples contained in the box; also the grade adopted by the grower, firm, company, or organization that authorized the packing of the fruit.

Sec. 4269. Boxes may be marked "Standard."-The boxes in which the apples are packed in accordance with the provisions of this act may be marked "Standard."

Sec. 4272, as amended by Laws, 1925, ch. 81, p. 108. Penalty for violation. No person, firm, company, or organization shall sell or

offer for sale, or shipment within or without the State of Montana, apples branded or packed in boxes in violation of the provisions of this act. Any person, firm, company or organization who shall knowingly sell or offer for sale, or shipment within or without the State of Montana, apples branded or packed in boxes in violation of the provisions of this act, shall be guilty of a misdemeanor and on conviction thereof shall be subject to a fine of not less than ten dollars or more than fifty dollars.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 277, p. 1547.

Sec. 4273 (1919). Weights for sale of bread prescribed. From and after the passage of this act it shall be unlawful for any person or persons, association, copartnership or corporation to manufacture for retail or wholesale trade, or to sell bread unless the same shall be of the following weights, which shall be net weights eight hours after baking: One pound, one and one-half pounds, two pounds, three pounds, four pounds, five pounds, six pounds, or other multiple pound weights; variation at the rate of one ounce per pound over and one ounce per pound under the above specified unit weights are to be permitted in individual loaves, but the average weight of not less than twenty-five loaves of any one unit of any one kind shall be not less than the weight prescribed for such unit, and if twin or multiple loaves are wrapped at the place where baked or sold to the consumer wrapped and undivided, the loaf must conform to the above weight requirements, and if the twin or multiple loaf is unwrapped or divided before being sold to the consumer, each unit of the loaf must conform to the above weight requirements: Provided, That this act shall not apply to persons, firms or corporations who do not hold themselves out to the public, and engaging in a general and established business of manufacturing or selling bread and bread products.

Sec. 4274. Definition of twin or multiple loaf.-In construing provisions of the preceding section the following definitions shall be had: A twin or multiple loaf is one that is made of two or more portions of dough baked in one pan; single units weighing less than one pound must not be baked; a manufacturer or seller of loaves of the weights prescribed may cut and sell a portion of a loaf to a consumer; bread may be sold at any time after baking, and it shall not be required that bread shall remain unwrapped for any specified length of time after baking.

Sec. 4275. Return or repurchase of bread prohibited. It shall be unlawful for any person or persons, association, copartnership, or corporation engaged in the manufacture for sale, or the sale of bread, to directly or indirectly accept return of bread theretofore sold, nor repurchase the same, nor allow credit to anyone for the same; nor shall any bread previously sold be exchanged for other bread.

Sec. 4276. Penalty for violation of act.-Any such manufacturer or seller violating any of the provisions herein contained shall be liable to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense, and each separate sale or violation of any of the provisions of this act shall constitute a separate offense.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 11, p. 1674.

Sec. 4471 (1905). County commissioners may establish public scales.The board of county commissioners of any county is hereby authorized, in its discretion, when petitioned by twenty-five or more residents and freeholders of the county, to establish and locate public scales at any suitable location selected by the county commissioners within the county.

Sec. 4472. Capacity of scales.-Such scales shall be purchased by the county, and be not less than five tons weighing capacity, and shall be provided with glass or open front which can be observed by the one weighing without dismounting from wagon, and shall be the property of the county, and at all times be under its control and subject to the will of the county commissioners.

Sec. 4473. The board of county commissioners to appoint public weigher. The board of county commissioners shall appoint at each place where public scales are established by them, a public weigher, who shall have the custody and care of such property, and who shall give a bond to the county in the sum of five hundred dollars, conditioned for the safe-keeping of the same, and for the faithful and impartial discharge of the duties incident to his trust in office.

Sec. 4474. Duty of public weigher. It shall be the duty of each public weigher to keep a stub record of all weighing done by him, which record and the receipt issued such public weigher shall show for whom property was weighed and the character and kind thereof, and shall constitute prima facie evidence of the facts therein contained; and all such stub records, or other records which the county commissioners may require him to keep, shall at all times be open to public inspection during business hours, between 7 a. m. and 6 p. m. of any day, save and except Sundays and legal holidays, and such public weigher shall file a sworn statement with the county recorder of the county, as prescribed by the county commissioners thereof, which statement shall show the date and character or kind of property weighed, for whom weighed, and a complete statement of all fees collected.

Sec. 4475. Rules and regulations. Such public weigher shall receive not to exceed ten cents for each receipt issued by him, and shall be governed by such rules and regulations as may be from time to time prescribed or adopted by the board of county commissioners, and he may be removed at any time by such board.

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Sec. 4476. False receipts. Any public weigher, under the provisions of this act, who shall make any false or fraudulent receipt of any weighing done by him, or shall be guilty of any collusion with any other person or persons for the purpose of deceiving any person or persons in regard to the correctness of weights, or who shall fail to comply with the requirements of the preceding section, is guilty of a misdemeanor.

Rev. Codes, 1921, Vol. 4, Penal Code, ch. 43, p. 188.

Sec. 11387 (1897). False device for measuring gas, water, or electricity. Every person or persons, or officer or officers, or employee or employees of any corporation or corporations who with intent to injure, or defraud, uses or causes to be used any false registering or false measuring device or meter for the measuring of any water,

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