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unfair samples thereof, or to fraudulently manipulate such samples. The hauler or other agent of the purchaser shall thoroughly mix the milk or cream of each patron by pouring or stirring until such milk or cream is uniform and homogenous in quality and contents before a sample for test is taken. The same rule shall apply when sampling is done at a creamery, cheese factory, condensary or shipping station. It shall be unlawful for any person or persons to use any test tube, bottle, pipette or instrument in connection with testing which is not perfectly clean; and for the purpose of this act any unclean test bottle or other instrument is declared inaccurate. All tests made by the purchaser shall be maintained at a temperature of at least one hundred and twenty degrees Fahrenheit for ten minutes before the reading of the per cent of butter fat is made.
Sec. 17. Specifications for Babcock glassware.—The term “standard Babcock testing glassware” shall apply to glassware and weights complying to the following specifications:
(a) STANDARD MILK TEST BOTTLES.—Graduation for milk test bottles.—The total per cent graduation shall be eight. The gradu. ated portion of the neck shall have a length of not less than 63.5 millimeters, the graduation shall represent whole per cent, fivetenths per cent, and tenths per cent; the whole per cent graduation shall extend at least one-half way around the neck to the right and projecting two millimeters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered; the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent.
Neck. The neck shall be cylindrical and the cylindrical shape shall extend for at least nine millimeters below the lowest and nine millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.
Bulb.-The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The charge of the bottle shall be eighteen grams. The total height of the bottle shall be between one hundred and fifty and one hundred and sixtyfive millimeters.
(6) STANDARD CREAM TEST BOTTLES.—Three types of bottles shall be accepted as standard cream test bottles; a fifty per cent nine-gram short-neck bottle, a fifty per cent nine-gram long-neck bottle, a fifty per cent eighteen-gram long-neck bottle.
Fifty per cent nine-gram short-neck bottle graduation. The total per cent of graduation shall be fifty. The graduated portion of the neck shall have a length of not less than 63.5 millimeters. The graduation shall represent five per cent, one per cent, and five-tenths per cent. The five per cent graduation shall extend at least halfway around the neck to the right. The five-tenths per cent graduations shall be at least three millimeters in length, and the one per cent graduations shall have a length intermediate between the five per cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on the scale. The error at any point of the scale shall not exceed five-tenths per cent.
Neck.—The neck shall be cylindrical, and the cylindrical shape shall extend at least nine millimeters below the lowest and nine millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.
Bulb.-The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The charge of the bottle shall be nine grams. All bottles shall bear on the top of the neck above the graduations in plainly legible characters, à mark defining the weight of the charge to be used, nine grams. The total height of the bottle shall be between one hundred and fifty and one hundred and sixty-five millimeters, same as standard milk test bottles.
Fifty per cent nine-gram long-neck bottles.—The same specifications in every detail as specified for the fifty per cent nine-gram short-neck bottle shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between two hundred and ten and two hundred and thirty-four.millimeters, and that the total length of the graduation shall be not less than one hundred and twenty millimeters.
Fifty per cent eighteen-gram long-neck bottles.—The same specifications in every detail as specified for the fifty per cent nine-gram long-neck bottle shall apply, with the exception that the charge of the bottle shall be eighteen grams, and the mark defining the weight of the charge placed at the top of the neck shall be eighteen. The total length of the standard Babcock pipette shall be not more than three hundred and thirty millimeters. Outside diameter of suction tube, six to eight millimeters. Length of suction tube, one hundred and thirty millimeters. Outside diameter of delivery tube, 4.5 to 5.5 millimeters. The length of delivery tube, one hundred to one hundred and twenty millimeters. Distance of graduation mark above bulb, thirty to sixty millimeters. Nozzle straight. Delivery, 17.6 cubic centimeters of water at twenty degrees centigrade in five to eight seconds. The sensibility of all scales used for weighing cream samples into the test bottles shall not be more than thirty milligrams, and the standard weights shall be nine grams and eighteen grams.
Digest of the Statutes, Crawford and Moses, 1921, ch. 184, p. 2694.
Sec. 10475 (1859). Standards; custody; county officers; sets to be furnished.—The set of weights and measures prepared by the United States under the act of Congress, approved the fourteenth day of June, A. D. 1836, and delivered to the Governor of the State of Arkansas, and now deposited in the office of secretary of state, shall be and the same is hereby declared to be the standard of all weights and measures used in this State, and the clerk of the county court of each county in this State shall procure, as soon as practicable, at the expense of the county, a complete set of weights and measures, which shall conform to said standard, and shall be sealed by the secretary of state.
Sec. 10476. State sealing.–The secretary of state shall procure a seal or stamp, with the letters “S. A.” upon it, with which he shall seal all weights and measures which he shall compare with the said standard in his office and find to be correct; and such weights and measures, after being so sealed, shall be a lawful standard for the county by which they were procured; and the secretary of state shall charge the sum of four dollars for testing and sealing such weights and measures.
Sec. 10477. County sealing.–The several clerks of the county courts shall seal all weights and measures that may be presented to them for that purpose which correspond with the county standard.
Sec. 10278 (1885). Standard barrel.—Whenever, in any contract for the repair or construction of any cistern in this State, the capacity of which is represented in barrels, there is no other specification of the holding capacity of said barrels, the term “ barrel ” shall be taken and held, in law, as meaning and intending a hoiding capacity which is the exact equivalent of the cubical contents of thirty-six times that of the standard gallon measure of the United States, now in use, and kept, as required by law, in the office of the secretary of state of Arkansas.
Sec. 10479 (1903). Bushel measure for apples.—A box nine inches deep, twelve inches wide and twenty inches long shall constitute a lawful bushel measure for apples. Any person violating the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten nor more than twenty-five dollars for each offense. Sec. 10480 (1887). Legal weight of bushel of certain commodities. Pounds
Pounds The legal weight per bushel of '- The legal weight per bushel of-Corn, shelled
56 Continued. Corn, in ear, husked.
3313 Corn, in ear, unhusked. 74
48 60 Barley
56 i For convenience in printing a slight change has been made in arrangement of these ticles. 517-26 -6
Pounds The legal weight per bushel of- The legal weight per bushel of— Continued.
14 Onions.. 57 Sorghum
50 White beans. 60 Green apples.
50 Peas. 60 Dried apples
24 Flax seed_ 56 Dried peaches.
33 Blue-grass seed..
20 Clover seed.-
50 Timothy seed.
57 Millet seed.
28 Sec. 10481 (1901). Log measurement; penalty.- The Doyle stick or standard of log measurement is hereby declared to be the standard by which all saw logs bought, sold, cut or hauled in this State shall be scaled or estimated, and any person or persons buying, selling, cutting or hauling saw logs within the limits of this State, who shall use or attempt to use any combination stick, or any other stick or standard than that mentioned in this section for the purpose of scaling, or estimating the number of feet in such logs sold, bought, cut or hauled, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than fifty dollars nor more than two hundred dollars for each offense, to be assessed by the jury trying the case, and to be collected and appropriated as other public fines, provided that in scaling logs under this act, the average diameter inside the bark shall be taken.
Sec. 10482 (1913). County clerks required to test and seal weights and measures. The county clerks of all and every county in the State are hereby directed and required to comply with the law as directed in sections 10475 to 10477, and be prepared at all times to test and seal all scales and measures presented for test and found correct.
Sec. 10483. Neglect or failure a misdemeanor; fees.—Neglect or failure from any cause to comply with section 10482 shall constitute a misdemeanor and subject the clerk so offending same to a fine of one dollar for each day he fails to be prepared with his tests and seal. The clerk shall receive the sum of ten cents for each pair of scales or measures presented to him for test, to be paid by the person, firm or corporation presenting same and five cents per mile one way for traveling to wagon scales and twenty-five cents for sealing them, to be paid by the owners.
Sec. 10484. Dealers to have scales tested, when.--Every person, firm or corporation who buy and sell any kind of goods, produce, cotton, cottonseed, hay, feedstuffs and all kinds of merchandise, usually bought and sold, shall have their scales and measures tested and sealed on or before the first day of September and each year thereafter. Failure to comply with the provisions of this section shall constitute a misdemeanor and shall subject the individual, firm or corporation to a fine of one dollar for each day so offending.
Sec. 10485. Township constables and city marshals to inspect weights and measures.-It shall be the duty of the constable of every township and of the marshal of every city or town where complaint be made to him by three or more citizens to inspect any scales, weights and measures used for weighing or measuring any kind of goods or produce or commercial substances, and such offices shall make an annual inspection of all such weights, measures and scales, and if at any time he finds any such scales, weights and measures do not conform to the lawful standard, he shall cause the person, firm or corporation using same to be prosecuted therefor and one-half of any fine assessed therefor shall be paid to said officer.
Sec. 10486. Packages or bundles, etc., of merchandise to contain marked weight.-Every package, bag or bundle of goods or merchandise shall contain in weight what it is branded, marked or said to contain. And any person, firm or corporation violating the provisions of section 10487 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one dollar nor more than twenty-five dollars for each package, bag or bundle sold in violation of this law.
Sec. 10487 (1905). True net weight to be stamped on barrels, sacks, and other packages. It shall be unlawful for any corporation, firm, manufacturer, merchant or other dealer, their agent or employees, to sell, or offer for sale, any grain, chops, bran, fertilizer, meal, or flour in sacks, barrels or other packages, unless the true weight of such grain, chops, bran, fertilizer, meal, or flour be stamped or marked upon the sacks, barrels, or other packages.
Sec. 10488. Violation; penalty.-- Any corporation, shipper, manufacturer, merchant or other dealer, their agents or employees, who shall violate the provisions of section 10487, shall be deemed guilty of a misdemeanor, and, upon conviction before any justice of the peace or circuit court, shall be fined in any sum not less than twenty dollars, and every such sack, barrel, or other package of such grain, chops, bran, fertilizer, meal or flour offered for sale in violation of this act shall constitute a separate offense.
Sec. 10489 (1911). False weight or measure, penalty for giving.Whoever knowingly buys or sells or permits any person in his employ to buy or sell any property and make or give any false or short weight or measure and any person owning or having charge of any scales fixed for the purpose of misweighing any article bought or sold and any person having any such scales for the purpose of weighing any property and who knowingly reports any false or untrue weight and any firm or corporation using in the sale of any commodity), a computing scale or device indicating the weight and price of such commodity upon which scales or device the graduation or indication are [is] false or inaccurately placed, either as to weight or price, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars and each sale made on any such scale or device shall constitute a separate offense.
Sec. 10490. Fruit or other merchantable commodity, penalty for fraudulently packing.–Any person who shall pack any fruit, or other merchantable commodity, with the fraudulent intent of thereby cheating others by a misrepresentation of the contents, either as to quality or quantity, shall, on conviction thereof, be punished by a fine, not exceeding five hundred dollars, or by imprisonment at hard labor, not exceeding one year, or both.
Sec. 10491. Seliing fraudulently packed commodities.—Any person who shall sell, pledge or hypothecate any such commodity, knowing