marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The word "package" shall be construed to include both the wholesale and the retail package: Provided, That a box or carton used for shipping purposes containing a number of similar packages which are individually marked, as hereinbefore provided, will not be required to bear the weight or measure of contents: And, provided, further, That all commodities in packages, boxes, cans, bottles or other containers in the hands of merchants, both wholesale and retail, at the time of the passage of this act, shall be and are hereby exempt from the provisions of the same.

Sec. 24, as amended by Acts, 1919, ch. 53, p. 224. Oleomargarine, etc., to be sold only by net weight; exceptions.-It shall be unlawful for any person to sell or offer for sale any butter or renovated or process butter or oleomargarine in any other manner than by weight. Whenever such butter, renovated or process butter or oleomargarine, is sold, offered or exposed for sale in the form of prints, bricks or rolls, each print, brick or roll shall bear a definite, plain and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise, on the outside wrapper of said print, brick or roll. When such statement is made part of the printed matter on the label, wrapper or carton of any such print, brick or roll, the statement as to net weight shall be in gothic type not less than one-quarter of an inch square.

The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer; or when put up prior to the order of the commodity, by the vendor: Provided, however, That this section shall not apply to farmers who manufacture and sell their own butter.

Sec. 25, as amended by Acts, 1919, ch. 53, p. 224. Milk and cream bottles; size and markings; punishment; tests; exceptions.-Bottles used for the sale of milk or cream shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill, when filled to within one-fourth of an inch of the cap seat or stopple in the case of those bottles having an inside diameter immediately below this cap seat or stopple of [not] over two inches. The following variations on individual bottles or jars may be allowed, but the average contents of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error more than one-quarter of these tolerances; six drams above and six drams below on the half gallon, five drams above and five drams below on the three pints; 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 gill. Bottles or jars used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle, the capacity of the bottle and the word "sealed "; and the side or bottom of the bottle the name, initial, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the State commissioner of weights and measures upon application by the manufac

turer, and upon the filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by the attorney general conditioned upon their conformance with the requirements of this section. A record of the bonds furnished, and the designating numbers and to whom furnished shall be kept in the office of the commissioner of weights and measures.

Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings with the provisions of this section shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in an action against the defender's [defendant's] bondsmen to be brought in the name of the State of West Virginia. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles, purchased after this law takes effect that do not comply with the requirements of this section as to markings and capacity, shall be deemed guilty of using a false and insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but they shall have the power to and shall from time to time make tests on individual bottles used by various firms in the territory over which they have jurisdiction in order to ascertain if the above provisions are being compiled with, and they shall immediately report violations found to the State commissioner of weights and measures.

1

Sec. 26. Standard barrels for fruits, vegetables, and produce; bushel to contain certain weights.-The standard barrel for fruits, vegetables and produce shall be of the following dimensions when measured without distention of its parts: Diameter of head inside of staves, seventeen and one-eighth inches; distance between heads, inside measurements, twenty-six inches; the outside bilge or circumference not less than sixty-four inches, and the thickness of staves not more than four-tenths of an inch: Provided, That any barrel of a different form having the same distance between heads and a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. Sec. 27, as amended by Laws, 1923, ch. 45, p. 137. Standard weights.— A bushel, half bushel, peck, half peck, quarter peck, quart and pint of the respective articles hereinafter mentioned shall be the amount of weight, avoirdupois, as shown by the following table:

1 See also footnote, p. 120, relative to Federal standard barrel.

24235 9

එය උය එය

3

23

21

8

8

1

12

14

1287;

9

12/2

14

12

31/2

8 i

2

12

1

6

52

One barrel of flour shall contain 196 lbs., one-half barrel 98 lbs., one-quarter barrel 49 lbs., and one-eighth barrel 241⁄2 lbs., one-sixteenth barrel, 124 lbs., net weight.

One barrel of lime shall contain 200 pounds.

A ton shall contain 2,000 pounds.

The standard barrel for fruit, vegetables, and produce shall be of the following dimensions: Inside staves at ends, 17% inches; distance between heads, inside, 26 inches; circumference over bilge, 64 inches; and capacity, 7,056 cubic inches.

Sec. 28. Net weight made basis of weight.-Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this act, it shall be understood and construed to mean the net weight of the commodity.

Sec. 29. Violations of act; punishment.-Any person who, by himself or by his servant or agent, or as the servant or agent of another person shall knowingly offer or expose for sale, sell, use in the buying or selling of any commodity or thing for hire or award, or retain in his possession a false weight or measure or weighing or measuring device which has not been sealed by a sealer or deputy sealer of weights and measures within one year, or shall dispose of any measure, or weighing or measuring device contrary to law, or remove any tag placed thereon by a sealer or deputy sealer of weights and measures; or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when as the buyer, he furnishes the weights, measures or weighing device by means of which the amount of commodity is determined; or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall violate any provisions of this act for which a specific penalty has not been provided; or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using, any device or instrument to be used to or calculated to falsify any weights or measures, shall be guilty of a misdemeanor,

a See sec. 26 and footnote to same, p. 888.

and shall be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, upon a first conviction in any court of competent jurisdiction, and upon a second or subsequent conviction in any court of competent jurisdiction_he shall be punished by a fine of not less than ten, nor more than five hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment.

Sec. 30, as amended by Acts, 1919, ch. 53, p. 224. Definitions.-Justices of the peace shall have jurisdiction to hear and determine any action which may be brought for a violation of the provisions of this act, where the property in question is two hundred dollars and less. In cases of over two hundred dollars shall hold the accused for indictment to the grand jury.

Sec. 31, as enacted by Acts, 1919, ch. 53, p. 224. Terms defined. The word "person" as used in this act, shall be construed to impart the plural and singular, as the case demands, and shall include corporations, companies, societies and associations.

The words "weights, measures or weighing or measuring devices " as used in this act, shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments.

The words "sell" or "sale" as used in this act shall be construed to include barter and exchange.

Sec. 32, as enacted by Acts, 1919, ch. 53, p. 224. Doyle and Scribner's combined rules for logs, lumber and timber.-"Doyle and Scribner's combined rules" for the measurement of logs, lumber and timber of all kinds, is hereby established as the lawful rule in this State for the measurement of all kinds of lumber, logs and timber, unless some other rule be agreed to.

Hogg's Code, 1913, Vol. 1, ch. 47, p. 960.

Sec. 2382 (a1897). Application of chapter.-The cities, towns and villages in this State, heretofore established under the laws of the State of Virginia, or of this State, shall remain subject to the law now in force and applicable thereto, respectively, and the provisions hereinafter contained in this chapter, shall be deemed applicable only to cities, towns and villages hereafter established, except that the municipal authorities of cities, towns or villages heretofore established other than the city of Wheeling, may exercise the powers conferred by this chapter, although the same may not be conferred by their charter, and so far as this chapter confers power on the municipal authorities of a city, town or village other than said city of Wheeling, not conferred by the charter of any such city, town or village, the same shall be deemed as an amendment to said charter. Any city, town or village in this State, incorporated by a special act of the legislature of Virginia, or of this State, and exercising the power conferred by this chapter, may by ordinance of the council of said city, town or village, adopt this chapter, and thereafter the same officers shall be elected or appointed as are provided for by this chapter.

Sec. 2409 (a1905). Powers and duties of council.-The council of such city, town or village [see section 2382], shall have plenary