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the same to be packed in the fraudulent manner aforesaid, with the intent to cheat and deceive shall on conviction thereof be punished as provided in section 10489. Digest of the Statutes, Crawford and Moses, 1921, ch. 69, p. 1306.
Sec. 4823 (1907). Food, misbranding of; net weight to be correctly stated, when.—That for the purpose of this act an article shall also be deemed to be misbranded.
* In the case of food Third. If any in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of package Acts, 1925, Act 218, p. 639.
Sec. 3. Board may fix and promulgate grades and containers.-In order to promote, protect, further and develop the agricultural interests of this State, the State plant board 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 to change any of them from time to time. The board in its rules, regulations or notices promulgated pursuant to this act shall prescribe such tolerances as may be deemed necessary, permitting such varia. tions from the standards fixed under the provisions of this act as are reasonably incident to the proper grading of agricultural prod ucts or to the manufacture of containers for such products.
Sec. 4. Public notices.- In promulgating the standards or any alterations or modifications of such standards the board shall specify the date or dates when the same shall become effective and shall give public notice not less than thirty days in advance of the date when the standard for any agricultural product shall become effective and one year in advance of the date when a standard for any container shall become effective by such means as the board deems proper, and the chief inspector is hereby authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by the board for any agricultural product or container.
Sec. 5. May cooperate with U. S. Department of Agriculture. The board is authorized to fix and promulgate as the official standard for this State for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States and in carrying out the provisions of this act the chief inspector is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.
Sec. 14. Standard containers must conform to board's specifications.Whenever any standard for a container for an agricultural product becomes effective under this act, no person shall thereafter manufacture for commerce within the jurisdiction of this State or sell, ship or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable which does not comply with such standard subject to such tolerance as may be permitted under this act.
Sec. 18. Authority of inspectors. For the purpose of carrying out the provisions and requirements of this act and of the rules, regulations and notices made and promulgated pursuant thereto, the board and its inspectors shall have power to enter into or upon any places and to open any bundle, package or container of agricultural products. Digest of the Statutes, Crawford and Moses, 1921, ch. 22, p. 417.
Sec. 927 (1907). Track scales; certificate of weighman.--All railroads operating in this State are hereby required to keep and maintain track or railroad scales at all stations or depots where as many as one hundred cars of coal, corn or cotton seed are received annually by such railroad; and said railroads are hereby required at the request of the consignee of a carload of coal to properly weigh each and every such car after the same shall reach its destination and furnish to each such consignee, upon request, by a written certificate of weighman, within one day after such car shall have reached its destination, correct weight of each carload of coal received for such consignee. And no consignee shall be required to pay any freight or either railroad charge until furnished as aforesaid with said weights, nor pay any greater amount of freight than is shown by such certificate.
Sec. 928. Penalty.—Any railroad in this State failing or refusing to comply with any of the preceding sections shall be subject to a penalty of not less than one hundred nor more than five hundred dollars, to be paid to the county in which such point of destination lies, for every failure or refusal to comply with the provisions of this act; and each day upon which it may refuse or fail to comply with this act shall constitute a separate offense.
Sec. 929 (1903). Railroad cars to be weighed, when; certificate of weight.-At all such stations it shall be the duty of the railroad company to properly weigh each and every car after the same shall have been loaded and furnish to each shipper by written certificate of weighman within one day after the same shall have been received by said company, correct weights of each car and of the contents of each car delivered to them by the shipper. The certificate of weight to be given to shippers as provided in this section shall contain, in addition to the correct weight of the car and its contents, the date of delivery and the number of the car.
Sec. 930. Penalty. Any railroad in this State failing or refusing to comply with any of the provisions of the preceding section shall be subject to a penalty of one hundred dollars, to be paid to the county, for every failure or refusal, and each day upon which it may refuse or fail to comply with this act shall constitute a separate offense. Digest of the Statutes, Crawford and Moses, 1921, ch. 120, p. 1888.
Sec. 7246 (1895). Measures and toll dishes. There shall always be kept in a public mill, by the owner or occupier thereof, an accurate half-bushel measure and an accurate set of toll dishes. Digest of the Statutes, Crawford and Moses, 1921, ch. 61, p. 1234.
Sec. 4534 (1911). Weight to be marked on concentrated commercial feeding stuffs; weight of packages.—Every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale in
this State shall have affixed thereto, or printed thereon in a conspicuous place on the outside thereof a legible and plainly printed statement, in the English language, clearly and truly certifying the weight of the package (provided, that all concentrated commercial feeding stuffs shall be in standard weight bags or packages of 5, 10, 25, 50, 75, 100, 125, 150, 175, 200 pounds); the name, brand or trade mark under which the article is sold; the name and address of the manufacturer, jobber or importer;
Sec. 4535. Definition.—The term “ concentrated commercial feeding stuffs” shall be held to include all feeds used for live stock and poultry, except whole hays, straws and corn stover when the same are not mixed with other materials; nor shall it apply to the unmixed whole seeds or grains of cereals when not mixed with other materials. Digest of the Statutes, 1921, Crawford and Moses, ch. 66, p. 1285.
Sec. 4723, as amended by Acts, 1921, Act. 199, p. 154. Weight, name, etc., to be marked on cottonseed meal, fertilizers, etc.--All persons, companies, manufacturers, dealers or agents, before selling or offering for sale in this State, any cottonseed meal, commercial fertilizer or fertilizer materials, shall attach a tag to each bag, barrel or package bearing the name and address of the manufacturer, and the guaranteed analysis of the cottonseed meal or fertilizer. These items shall be printed on each tag in the following order: First, weight of package in pounds; second, brand, name or trade-mark; *
Sec. 4740 (1913). Penalty.-- Any person selling or offering for sale any cottonseed meal, fertilizer or fertilizer materials without first having complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than one hundred nor more than five hundred dollars. Digest of the Statutes, Crawford and Moses, 1921, ch. 182, p. 2671.
Sec. 10446 (1919). Baling of cotton.--All cotton ginned and baled by a public gin shall be baled in a press box not exceeding twentyseven by fifty-four inches, inside measurement, and shall be wrapped with sound standard bagging, not to exceed seven yards per bale.
Sec. 10450. Standard of weights and measures. The standards of weights and measures of this State shall be the standard of weights and measures used under the terms and provisions of this act [relating to public cotton gins] Digest of the Statutes, Crawford and Moses, 1921, ch. 43, p. 756. •
Sec. 2442 (1891). Scalage.-It shall be unlawful for any person who weighs cotton in the State of Arkansas to take off anything for scalage.
Sec. 2443. Penalty:-Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than five nor more than twenty-five dollars.
Sec. 2444 (1895). Fee for weighing.--It shall be unlawful for any person, corporation or warehouseman doing business in this State to charge more than ten cents per bale for weighing, sampling and
marking cotton. Any persons, corporation or warehouseman violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than ten nor more than twenty-five dollars.
Sec. 2445 (1899). Fees for weighing cotton.-It shall be unlawful for any person or persons, weighing cotton for or by the authority of any city of the first or second class or incorporated towns, to charge more than five cents per bale during the months of October, November, December, and January, and ten cents for and during the remaining months of each year for weighing and marking cotton Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than ten nor more than twenty-five dollars.
Sec. 2446 (1901). Public cotton weighers required to keep record. All persons weighing cotton for the public, in this State, and receiving compensation therefor, shall be required to keep a book, or record of all cotton weighed by them, giving the weight and marks of each bale, and for whom weighed, and to whom sold, where the purchaser is known to the weigher, which book or record shall be kept subject to inspection by the public. Any such weigher who shall refuse to keep such books, or records, or who shall, on demand of any person, fail or refuse to exhibit the same, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than fifty dollars nor more than one hundred dollars. Acts, 1907; Act. 196, p. 468.
Sec. 1. Public ginners.—That each and every person, individual, firm or corporation, who maintain and operate a ginnery for the purpose of ginning, packing, and baling cotton are hereby declared to be a public ginner, and a public and lawful weigher of cotton in his county. *
Sec. 2. Public ginners required to keep accurate scales and records ; weight to be stamped on bale; fees; certificate.— It is hereby made the duty of each public ginner to keep an accurate pair of scales and correctly weigh each bale of cotton ginned and baled by him, or caused to be ginned and baled by him, as soon as taken from the press. And he shall keep in a book, to be provided by him, a record of the number of the bales ginned and packed by him, the date each bale was ginned and packed and the name of the owner thereof.
And he shall plainly and securely place upon, or attach to, each bale of cotton so ginned and baled by him, by stamp, tag or otherwise, the number and weight thereof.
He shall be allowed to charge five cents for weighing each bale of cotton so ginned by him. And he shall give to each owner or person for whom he may gin and bale cotton a certificate showing the number and weight of each bale of cotton and the date of ginning.
Sec. 3. County clerk required to test scales.-It shall be the duty of the county clerk to cause to be tested by the standard or test furnished to each county clerk, the scales of each public ginner in his county once a year or as much oftener as may be necessary.
Sec. 4. Inaccurate or false weighing; misdemeanor.—That if any ginner, his agent or employee, knowingly weigh any bale of cotton inaccurately, or falsely weigh same, he shall be guilty of a misdemeanor.
Sec. 5. Violation; penalty; proviso.-Any person who shall violate any provision of this act, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars nor more than twenty-five dollars.
Provided, the provisions of this bill shall apply only [to] the counties of Bradley, Drew, Ashley, Nevada, Woodruff, Lincoln, and Chicot. Acts, 1915; Act 236, p. 874.
Sec. 1. Provides for the election of county court weigher in certain counties.---That at the next general election for State and county officers, and every two years thereafter, there shall be elected, in the same manner and under the same restrictions as is provided by law for the election of other county officials, a county cotton weigher for each of the counties of Howard, Columbia, Polk, Montgomery, Nevada, White, and Scott, who shall hold their respective offices for the term of two years, or until their respective successors shall have been elected and qualified: Provided, That the law now in force in Columbia County shall remain in full force and effect in Columbia County.
Sec. 3. Deputy may be appointed, if necessary.--Any county cotton weigher elected under this act shall have the power and shall be required, upon the written application of a majority of the qualified electors of any political township in which is situated any town or village in which enough cotton is sold to pay the wages of a competent deputy, to appoint such deputy and to require of him a good and sufficient bond, conditioned upon the faithful performance of his duties as such deputy, and for the protection of himself for any loss he may sustain by the action of such deputy, and the said deputy shall receive for his services the same compensation as is provided in this act for the compensation of the services of the said county cotton weigher.
Sec. 4. Duties of cotton weigher. When any cotton weigher is elected under this act, or any deputy appointed, he shall prepare a convenient place, easy of access to the public for the performance of his duties, and he shall keep a pair of scales, which shall be tested as is now provided by law, and shall weigh without unnecessary delay all cotton sold or marketed at his place of business; and when the buyer or seller shall demand the weight of any cottonseed, grain, cattle, hogs, sheep, cotton on the seed, coal or any other articles of produce sold in the city, town or village where he keeps the scales and presented to him to be weighed, he shall weigh the same and shall receive therefor, as compensation for his services, the amounts hereafter provided by this act: Provided, however, That until the secretary of state procures the tests and weights as provided for by section 8004, of Kirby's Digest [sec. 10476], the said cotton weigher or his deputy shall be allowed to use scales which have been tested by the county clerk of the county in which his county is located, and which said scales have been found to be correct by the county clerk of said county, according to the tests and weights in his office, and it shall be the duty of the county clerk to test the scales of all cotton weighers and deputies in his county, on or before the first day of August of each year, and if said scales are found to be correct ac