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lished, which said measures 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 twentyone and a half inches in diameter inside at the top, and fourteen and a half inches inside from bottom to top, or a box containing the equivalent number of cubic inches or a box twenty inch by twenty inch by twelve and sixty-one one-hundredths of an inch. Two of these measures filled to the top shall make one barrel, and all oysters bought and sold in this State in the shell shall be measured in a measure of these dimensions, or a 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 inside from the measure herein provided for, or 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. The oyster inspector shall measure such measures and shall visit for that purpose each place where oysters are bought and sold, and he shall keep a book in which shall be recorded the dimensions of all measures so measured. Code, 1923, Vol. 2, Crim. Code, ch. 201, p. 654.
Sec. 5115 (1892). Illegal measurement in buying and selling oysters.Any person buying or selling oysters in the shell by measure who uses any other than the box measure of the shape and dimensions required by law must, on conviction, be fined not less than ten nor more than one hundred dollars. Agricultural Code, 1923, Art. 19, p. 49.
Sec. 1. White lead or paint to be labeled. Every person who shall sell, within this State, any white lead or paint, shall accurately label the same as hereinafter required.
Sec. 2. Definition. The term “paint” as used in this article, shall include white lead in oil or any compound intended for the same use, paste or semi-paste, and liquid or mixed paint of any kind ready for use, or any compound intended for the same use.
Sec. 3. Net contents to be marked.-Labels required by this article shall clearly and distinctly state the name and address of the manufacturer of the article, or the dealer therein, or of the party for whom the same is manufactured, *
The label shall also state, in case of liquid paints, and other compounds, on packages holding one quart or more, the net measure of contents of each can, package or container. In case of white lead and other paints and compounds, the label shall show on packages weighing four pounds or more the net weight of each can, package or container. Agricultural Code, 1923, Art. 6, p. 13.
Sec. 8. Operators of milk or cream testing apparatus to be licensed; violation, penalty.-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 commissioner of agriculture and industries, who shall issues 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. Any person making application for tester's license may be issued a permit by the commissioner to do testing until such time as a personal examination can be given by the commissioner or his duly authorized agent. The testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this article: Provided, That any licensed person may for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to exceed fifteen days, and subject to the approval of said commissioner.
Sec. 9. Unlawful falsely to manipulate testing apparatus.— It shall be unlawful for any person, either for himself or another to falsely manipulate or under-read or over-read or take inaccurate samples or take 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, condensary, 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 degrees—140 degrees F Cream test must be weighed. The scales must be sensitive and accurate. The tester and owner or owners are jointly responsible for their accuracy. All licensed receiving stations, conducted for the purchase of butter fat either in the form of cream or milk, 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 4 p. m. of the day following the application of the test where daily testing is practiced, and until 4 p. m. of the second day following the application of the test where composite testing of individual deliveries is practiced. Code, 1923, Vol. 1, Pol. Code, ch. 41, p. 949.
Sec. 1616 (1911). Standards, etc., to be procured. The chief mine inspector shall procure for the State at the State's expense a full and complete set of standards and other equipment, such as, in his opinion, are necessary in the testing of scales, beams, and other necessary apparatus to be used for a just weighing of coal and other material at the coal mines according to the State standard of weights; and it shall be the duty of said inspector to examine, test and cause to be adjusted as often as occasion demands, all scales and other apparatus used in weighing coal at coal mines.
Sec. 1708. Scales provided by owner when miners paid by weight.The owner or operator of each coal mine, at which the miners are paid by weight, shall provide such mines with suitable scales of standard make for the weighing of all coal, when contracted for to be weighed.
Sec. 1709. Coal weighed and credit given miner, 2,000 pounds a ton.All coal mined in this State, contracted for payment by the ton or other weight shall be weighed, and the full weight thereof shall be credited to the miner of such coal, and two thousand pounds of coal shall constitute a ton.
Sec. 1710. Check weighman may be furnished by miners; duties, etc., of.-In all coal mines, the miners employed and working therein may furnish a check weighman, who shall, at proper times, have full access and examination of the scales, and see all measures and weights and accounts kept of same: Provided, That not more than one person shall have such right of access, examination and inspection of scales, measures and accounts at the same time.
Sec. 1711. Persons having access to scales, etc.—The mine inspector, miners employed in the coal mines and the owner of the land or persons interested in the rental and royalty of such mines, shall at all times have full right of access to scales used at said mines, including tally sheets or tally book in which the weight of coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof. Code, 1923, Vol. 2, Crim. Code, ch. 186, p. 626.
Sec. 4988 (1894). Mine operator failing to have ore or coal accurately weighed.-Any person or corporation operating any ore or coal mine in which miners or other laborers are employed to mine or cut ore or coal for a compensation to be determined by the weight of the ore or coal mined or cut, who fails to weigh, or cause to be weighed, accurately and correctly, any ore or coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars.
Compiled Laws, 1913, Crim. Code, ch. 3, p. 653.
Sec. 1949o. Using false weight, etc.—That if any person shall knowingly use any false weight or measure, and shall thereby defraud or otherwise injure another, or shall knowingly mark or stamp a false weight or measure or false tare upon any cask or package, or shall knowingly sell or offer for sale any cask or package so marked, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than five hundred dollars.
Revised Stats., 1913, Title 56, p. 1787.
Sec. 5510 (1912). Standards adopted.—The weights and measures received from the United States under a resolution of Congress approved June 14, 1886  and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards by which all municipal standards of weights and measures shall be tried, approved, and sealed.
Sec. 5511. State inspector; fees; proviso; fees, record and disposition of.—There shall be a State inspector of weights and measures who shall be appointed by the governor by and with the advice and consent of the Senate. Such inspector shall be appointed for a term of two years and shall receive a salary of two thousand dollars per year. The State inspector of weights and measures shall be allowed for clerical services and for traveling and contingent expenses for himself such sums as shall be appropriated by the legislature.
For inspecting, testing, and sealing, weights and measures the State inspector shall charge, and collect from, the person owning or using such weight or measure, the following fees: Provided, however, That no fee shall be charged or collected for the inspection of weights or measures, or weighing or measuring devices, of any
State institution: For each counter scales of capacity of 6 pounds or less.
$0.15 For each counter scales of capacity of more than 6 pounds_
. 25 For each counter scales of 1,000 pounds or less---
.50 For each portable platform scales of capacity of more than 1,000 pounds. 1.00 For each dormant or floor scales --
2.50 For each railroad-track scales.--
5. 00 For each spring scales of capacity of 30 pounds or more
.50 For each spring scales of capacity of less than 30 pounds_
. 25 For all other scales, instruments, and devices for weighing not herein
specified, each. For each measure containing 1 gallon or less ---For each measure containing more than 1 gallon, for first gallon, and for
each additional gallon or fractional part thereof. For each yard measure or fractional part thereof..
Provided, however, That where any weight or weights, measure or measures, scale or scales, balance or balances, scale beam or scale beams, steelyard or steelyards, or any other instrument or device for weighing or measuring, used by or belonging to any person, firm, or corporation shall be tested by said inspector oftener than once per year, no fee or fees shall be charged or collected for more than one inspection per year, except in case such instrument or device be found upon a subsequent testing to be false and incorrect, whereupon the regular fee shall be collected and paid.