no fee or fees shall be charged or collected for more than the two inspections per year, except in case such instrument or device be found upon such subsequent testing to be false and incorrect, whereupon the regular fee shall be collected and paid.

The sealer shall keep an itemized list of all fees collected by him in pursuance of this title and at the end of each month he shall turn said fees and said itemized list over to the city treasurer and take his receipt therefor.

Sec. 5517. City sealer to test appliances.-It shall be the duty of the city sealer in unincorporated or incorporated cities of not less than five thousand population, according to the latest official State or United States census, at least once in every two years and as much oftener as may in his judgment be necessary, or whenever requested in writing by either the furnisher of water, electricity, or gas, or by the consumer of the same, to test the accuracy of any meter used or to be used in the measuring of any water, electricity, or gas furnished or to be furnished to the consumer through such meter. If the meter tested shall, upon a test thereof by the sealer, be found to measure too fast or too slow by as much as three per cent, such meter shall be condemned by him, and the owner or owners of the same shall be notified of the condemnation at the time when such condemnation is made by the city sealer, and such meter shall not be again used or used at all until corrected and made to measure accurately.

The city sealer shall keep in a book, together with a card-index system to be furnished him by the city, a complete list of all meters inspected and tested by him, the name of the person, firm or corporation owning the same, the name of the furnisher of the water, gas or electricity, the name of the consumer thereof, and the date and result of all inspections, and shall at all times keep the same open to the inspection of the public.

Sec. 5518. Penalty for use of false weights or measures.-Any person who by himself or by his servant or agent, or as the servant or agent of another, shall offer or expose for sale, sell, or use, or retain in his possession, a false weight or measure, or weighing or measuring device, or any weight or measure, or weighing or measuring device, which has not been sealed by the city sealer or the State inspector of weights and measures within one year, in the buying or selling of any commodity or thing, or for hire or award, or who shall dispose of any condemned weight, measure, or weighing or measuring device, contrary to law, or remove any tag placed thereon by a city sealer or the State inspector of weights and measures, or any person who by himself or his servant, or agent, or as the servant or agent of another, shall use, or offer, or expose for sale less than the quantity he represents, or sell or offer, or expose for sale, any such commodity in a manner contrary to law; or any person who by himself, or by his servant or agent, or as the servant or agent of another, shall sell or offer for sale, or have in his possession for the purpose of selling, any device or instrument to be used or calculated to falsify any weight or measure, shall be guilty of a misdemeanor, and shall be punished by fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment, upon a first conviction; but upon a second or subsequent con

viction he shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

Sec. 5519. Evidence as to use of false apparatus.-The proximity of any weight, measure, scale, balance or other instrument or device for weighing or measuring any goods, wares or merchandise kept, sold or offered by any person, firm, or corporation to any such goods, wares, or merchandise, shall be prima facie evidence of the use of such instrument or device for weighing or measuring the same, and all such instruments or devices so located as aforesaid are hereby declared to be subject to all the provisions of this title.

Sec. 5520. Sealers to be special policemen.-The said State inspector and city sealers of weights and measures are hereby made special policemen, and are authorized and empowered to arrest without formal warrant, any violator of the statutes in relation to weights and measures, and to seize for use as evidence and without formal warrant, any false or unsealed weight, measure, or weighing or measuring device, or package or amounts of commodities found to be used, retained, or offered or exposed for sale, or sold, in violation of law.

Sec. 5521. Sealers not to deal in appliances for weighing or measuring.It shall be unlawful for the State inspector or any city sealer of weights and measures, to keep for sale, expose or offer for sale, or to sell, to any person, firm, or corporation or dealer in goods, wares, and merchandise, doing or intending to do business as such in the State of Arizona, any weights, measures, scales, balances, or weighing or measuring devices of any kind for weighing or measuring goods, wares, merchandise or to be interested directly or indirectly in the sale of such instruments or devices.

Sec. 5522. Water, electric, or gas meter to be tested before installation. It shall be unlawful for any person, firm, or corporation, in any city having a city sealer of weights and measures, to install any water, electric, or gas meter, for measuring water, electricity, or gas for purposes of lighting, heating, or other commercial or domestic uses, without first having had such meter tested by the city sealer of weights and measures.

Sec. 5523. Regulation of charges, minimum charge; tolerance.-It shall be unlawful for any person, firm, or corporation, to sell and deliver, charge and collect for water, electrical energy, or illuminating gas, used or to be used for lighting, heating, or other commercial or domestic purposes, except by meter measurement, if the consumer shall request that the same be sold by meter measurement; or to charge and collect for a greater amount of such water, electrical energy, or illuminating gas, than actually furnished during the period for which the charge was made: Provided, however, That an allowance of not exceeding three per centum may be made for inaccuracy in meter measurement.

And provided, further, That upon application to the corporation commission, said commission may permit any corporation, engaged in furnishing water, electrical energy or illuminating gas to make such minimum charge, not exceeding one dollar per month, as said commission may deem proper, but such minimum charge shall in no

case be added to any charge for water, electrical energy, or gas consumed; and upon like application, the corporation commission may permit any corporation furnishing power to make such reasonable minimum charge as said commission may prescribe, but such minimum charge shall in no case be added to any charge for power consumed: And provided further, That no charge in the first installation shall be made by any public service corporation for making connection for water, gas, electricity for lighting, or telephones. Any public service corporation demanding and receiving a deposit of money from any consumer shall pay annually to such consumer interest on such amount so long as it remains on deposit at the rate of 8 per cent per annum.

Sec. 5524. Unlawful to use condemned appliances.-It shall be unlawful for any person, firm, or corporation to use any water, electric, or gas meter which shall have been tested and condemned by the State inspector or city sealer of weights and measures, for the purpose of measuring water, electricity, or gas, without first having had the same corrected and made to record the measurement of the same accurately.

Sec. 5525. Meter readings to be filed with city sealer.-In cities having a sealer of weights and measures, where water, illuminating gas, or electrical energy is or shall hereafter be sold, every person, firm, or corporation furnishing such water, gas, or electricity, shall file at the office of the city sealer a complete written list of the readings of all water, gas, or electric meters, together with the individual meter numbers, and the address of the premises upon which such meter is located, upon the day such readings are made.

Sec. 5526. Fee for testing meter.-The fee for making the test of any water, gas, or electric meter shall be the sum of one dollar, and shall in all cases be advanced and paid by the party demanding the test, but in case the meter be one already in use and be found to be measuring too fast by as much as three per centum the inspector or sealer shall return the fee to the consumer if same was advanced by him, and the same shall be and become a lawful charge against the furnisher, and the inspector or sealer shall collect the fee from the said furnisher of water, gas, or electricity.

Sec. 5527. Penalty.-Any person, firm, or corporation, or any agent or employee thereof, violating any of the provisions of the five preceding sections shall, upon conviction thereof, be punished by a fine of not less than ten dollars, nor more than two hundred and fifty dollars, or by imprisonment in the county jail for not less than one day nor more than ninety days, or by both such fine and imprison

ment.

Sec. 5528. Each day's violation separate offense.-The continuance of such violation from day to day shall be deemed a separate offense as to each day on which such violation is continued.

Sec. 5529. Inspectors under control of corporation commission.-Such State inspector and city sealer of weights and measures shall be under the direction and control of the corporation commission in all functions connected with the inspection of water, gas, and electric meters, as herein provided.

Sec. 5530. Penalty for obstructing inspector.-Any person who shall hinder or obstruct in any way the said State inspector, or any city sealer of weights and measures, in the performance of his duty,

shall be guilty of a misdemeanor, and shall be punished upon conviction thereof in any court of competent jurisdiction, by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

Sec. 5531. Penalty for impersonating inspector.-Any person who shall impersonate in any way said State inspector, or any city sealer of weights and measures, by use of his seal, or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and 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 for not more than one year, or by both such fine and imprisonment. Sec. 5532. Standard of weights and measures. For weighing grain hay, coal, groceries, and other like heavy articles of commerce, the standard unit of weight shall be the pound avoirdupois, containing 7,000 grains troy; for weighing precious metals and jewels the unit shall be the pound troy, containing 5,760 grains; for weighing goods and medicines when same are used in compound, and filling prescriptions by druggists, the unit shall be the pound apothecary's, containing 5,760 grains troy, but in all other cases, such drugs and medicines shall be sold by avoirdupois weight; for measuring grain, fruit, coal and vegetables, the unit shall be the Winchester bushel, containing 2,150.42 cubic inches; and for measuring all liquids, except ale, beer and such liquids as enter into the composition of medical prescriptions, the unit shall be the wine or liquid gallon, containing 231 cubic inches; the unit for measuring ale and beer shall be the ale or beer gallon, containing 282 cubic inches. Such liquids as are used in the composition of medical prescriptions shall be measured by apothecary's fluid measure. The unit of linear measure shall be the yard, containing thirty-six inches in length, and being identical with the imperial yard of Great Britain.

Sec. 5534. Coal to be sold by weight only; delivery ticket.-It shall be unlawful to sell or offer to sell in this State, any coal in any other manner than by weight. No person, firm, or corporation shall deliver any coal without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, quantity or quantities of coal contained in the cart, wagon, vehicle, bag, sack or container used in such deliveries, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of these tickets shall be surrendered to the State inspector or the city sealer of weights and measures, upon his demand, for his inspection; and this ticket, or a weight slip issued by the State inspector or the city sealer, when the State inspector or city sealer desires to retain the original, shall be delivered to the said purchaser of sail coal, or his agent, or his representatives at the time of the delivery of the fuel, and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase a delivery ticket showing the actual number of pounds delivered to the purchaser must be given to the purchaser at the time the sale is made.

Sec. 5535. Bottles for sale of distilled water, milk, and cream; variations and tolerances; how marked; not required to be sealed.-Bottles used for the sale of distilled water, milk, and cream, shall be of the ca

pacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill filled full to the bottom of the lip.

The following variations of individual bottles or jars may be allowed, but the average content of not less than twenty-five bottles selected at random from at least four times the number tested, must not be in error by more than one-fourth of the tolerances:

Six drams above and six drams below on the half gallon; five drams above and five drams below on the three pint; four drams above and four drams below on the quart; three drams above and three drams below on the pint; two drams above and two drams below on the half pint; two drams above and two drams below on the gill.

Bottles or jars used for the sale of distilled water, milk, or cream, shall have clearly blown, or otherwise permanently marked, in the side of the bottles the capacity of the bottles and in the side or bottom of the bottles the name, initials, or trade-mark, of the dealer using the same. Any dealer who uses for the purpose of selling distilled water, milk, or cream, jars or bottles purchased after this law takes effect, that do not comply with the requirements of this section as to marking and capacity, shall be deemed guilty of using a false or insufficient measure. The said State inspector and city sealers of weights and measures, are not required to seal all bottles or jars used for distilled water, milk, or cream, but they shall from time to time make tests of individual bottles used by the various persons, firms, or corporations, in the State over which they have jurisdiction, in order to ascertain whether the above provisions are being complied with.

Sec. 5536. Wood; sale by cord or fractional part only; delivery ticket, requirements for.-It shall be unlawful for any person, firm, or corporation, to sell or offer to sell in the State, any cut or sawed or split wood, in any other manner than by the cord, or fractional part thereof.

Where cut or sawed or split wood is sold by the cord or fractional part thereof, no person, firm, or corporation shall deliver such wood without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be in ink, or other indelible substance distinctly expressed in cords or fractional parts thereof, the quantity or quantities of wood contained in the cart, wagon, vehicle, bag, sack, or container, used in such deliveries, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of these tickets shall be surrendered to the State inspector or city sealer of weights and measures, upon his demand, for his inspection, and this ticket or a weight slip issued by the State inspector or city sealer, when the inspector or sealer desires to retain the original, shall be delivered to the said purchaser of said wood, or his agent or representative, at the time of the delivery of the fuel: and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of cords, or fractional part thereof, delivered over to the purchaser must be given to the purchaser at the time the sale is made.

Sec. 5537. Ice, sale by weight.-Every person, firm, or corporation, engaged in the business of selling and distributing ice at retail shall sell same by weight.