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cording to the weights and tests in his said office, he shall issue a certificate to the said cotton weigher, or his deputy, and the said certificate, when so issued, shall entitle the said cotton weigher, or his deputies to weigh cotton or other articles presented to him, as provided in this act, and to collect for his services the compensation herein provided for.
Sec. 5. Must keep record of all cotton and other articles weighed by him.—The cotton weigher, or his deputy, shall mark upon each bale of cotton weighed on his scales, the weight in figures, and shall deliver to the person or persons having cotton weighed, a certificate giving the number and weight of each bale of cotton, or if other produce or livestock, he shall deliver a certificate giving the weight of each article, and he shall keep in a well-bound book a record of all cotton and other articles weighed by him, together with a memorandum of the buyer and seller of said articles and said book shall be kept in his office subject to public inspection at all times by any person interested.
Sec. 6. Provides compensation.-Any cotton weigher elected under the provisions of this act, or any deputy appointed, shall receive as compensation for his services, ten cents for each bale of cotton weighed and five cents for each wagon load of cotton, cottonseed, or other produce that he may be called upon to weigh, and he shall make no extra charge for any other kind of produce, and the said fee shall be paid by the purchaser.
Sec. 7. Unlawful for any other person to weigh cotton in any town where said cotton weigher has scales and is acting in his official capacity.-If any person or persons, other than the said cotton weigher, or his legally appointed deputy, shall weigh or attempt to weigh any cotton sold or marketed in the town or village where the said cotton weigher, or his legally appointed deputy, keeps his scales and is acting in his official capacity, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars nor more than twenty-five dollars, and each bale of cotton so weighed or attempted to be weighed shall constitute a separate offense, and any purchaser who charges or collects from the person from whom he buys the said cotton so weighed, the price paid for weighing said cotton, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one dollar, nor more than ten dollars, and each charge os collection made in violation of this act shall be a separate offense.
Sec. 8. This act does not prohibit any weigher already elected from continuing his duties until the next election. This act shall not be construed to prohibit any county cotton weigher already elected from continuing to perform the duties of his office as such cotton weigher, until the next general election, and all cotton weighers heretofore legally elected in the counties herein named, under any laws of the State, providing for the election of cotton weighers, are hereby continued in office and shall perform the duties, and shall be entitled to the compensation provided for in this act until the next general election. Acts, 1917; Act, 409, p. 1890.
Sec. 1. County public weigher, election of from Greene County.-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 public weigher for the county of Greene, who shall hold his office for the term of two years, or until his successor shall have been elected and qualified: Provided, That the governor shall appoint some citizen of Greene County to act as public weigher, under the provisions of this act, until the next general election for State and county officers.
Sec. 3. Deputy, appointment of.--Any public 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 public weighing is done 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 shall receive for his services the same compensation as is provided in this act for the compensation of the services of the said county public weigher: Provided, The public weigher may have one or more deputies in the city of Paragould and town of Marmaduke.
Sec. 4. Scales to be established, when; how maintained; public scales, how tested; duties of public weigher. When any public weigher is elected under the act, or appointed under the provisions of section 3 of this act, it shall be the duty of the county court of said county, or the judge thereof in vacation, immediately after this act goes into effect, to erect and prepare within the city of Paragould, and the town of Marmaduke in said county or in any other political township of said county complying with the provisions of this act for deputy public weigher, suitable grounds and scales, to be established at a place or places that will be at all times convenient and accessible to the general public for the use of said public weigher, or his deputies: Provided, The county court or the judge thereof in vacation may, for the purposes of carrying into effect the provisions of this act, purchase, or lease said ground and scales aforesaid and maintain the same out of the general revenues of said county as other expenses of said county are now provided for by law; Provided further, That when any public weigher is elected or appointed under this act, he shall be required to pay into the treasury, for the use of said county in purchasing grounds, leasing same or purchasing scales or leasing same, ten per cent in cash of the gross receipts of his business and that of his deputies in quarterly payments, same to be made on the first day the county court convenes in its regular sessions.
Said scales, when so erected, shall be tested as is now provided by law, and the public weigher and his deputies shall weigh, without unnecessary delay, all cotton, cotton on the seed, corn, hay, wheat, oats, grain, högs, sheep, cattle, chickens in coops, coal or any other articles of produce sold or marketed at his place of business or at any place where deputies are appointed and located under the provisions of this act where scales are maintained and said articles of produce are presented to him or them to be weighed. It shall be the duty of said public weigher or his duly appointed deputies to weigh such articles of produce and commodities without unnecessary delay and receive therefor as compensation for his services the several amounts hereinafter provided for by this act: Provided further, That until the secretary of state shall procure the tests and weights as provided in section 8004, Kirby's Digest, the said public weigher and his deputies shall be allowed to use scales which have been tested by the county clerk of said county, and which said scales have been found to be correct by his test so made, according to the weights and tests in his office, and it shall be the duty of said clerk to make additional tests, from time to time as shall seem necessary to insure their correctness, as evidence of which said clerk shall issue to said public weigher, and his deputies certificates under seal, and the certificates when so issued, shall entitle them to weigh all or any of the articles mentioned in this act, as they are presented for that purpose and manner as is herein provided and to colle«t for his services the compensation hereinafter provided for.
Sec. 5. Cotton and other commodities, how weighed and marked.-The public weigher and his deputies shall weigh each bale of cotton separately when so requested by the seller, and shall mark upon each bale of cotton weighed in figures the weight thereof, and shall also deliver to the person or persons having cotton weighed, giving the number and weight of each bale of cotton, or if other produce or live stock he shall deliver a certificate giving the weights of such produce or livestock, and he shall also keep in a well-bound book à record of weights and such other descriptive matter as shall be necessary to at any time identify same; a record of all cotton, corn, wheat, hay, cattle, hogs, chickens in coop, coal, and such other articles of produce weighed by him, together with a memorandum of the buyer and seller of said articles of produce and livestock, and said record shall be kept in his office subject to the inspection of any person interested, and in addition the said public weigher shall exhibit with his quarterly report to the county court the record required to be kept by him for each quarter to enable the judge of said court to examine the same to the end that said report shall be ascertained to be correct.
Sec. 6. Fees of public weigher.--- Any public weigher elected under the provisions of this act, or his deputies appointed shall receive as compensation for his services ten cents a load for all produce weighed except livestock on foot in which case he shall receive twenty cents, except such stock that shall be weighed in a wagon and then he shall receive the sum of ten cents for each load of hogs or sheep and the said fees shall be paid in cash by the seller.
Sec. 7. Persons weighing without authority; penalty.-If any person or persons, other than the said public weigher or his legally appointed deputies, shall weigh or attempt to weigh any of the articles of produce or livestock mentioned in this act, when same is marketed, in any town, [or] village where the said public weigher or his legally appointed deputies keep scales, and are acting in their official capacity, such person or persons shall be declared guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars and each load of produce or drove of stock so weighed or attempted to be weighed shall constitute a separate offense.
Sec. 8. Public weigher, successor in case of death or resignation.-In case of death, resignation or removal from the county of Greene of the public weigher, the county judge of county shall have the power to appoint some person public weigher who when complying with the provisions of this act, shall be entitled to act as public weigher of Greene County. Digest of the Statutes, Crawford and Moses, 1921, ch. 113, p. 1831.
Sec. 6985 (1901). Timber inspectors, who are.—The county surveyors of each county of the State of Arkansas shall be ex officio timber inspectors for their respective counties and shall discharge the duties and receive the fees herein provided.
Sec. 6990. Deputies.—Said timber inspectors may appoint one or more deputies for their respective counties, for whose conduct and fidelity in the discharge of their duties as such said county inspector making the appointment shall be responsible upon his official bond; and said county timber inspectors and their deputies shall have power and authority to administer oaths for any purpose relating to their office.
Sec. 1991. Duties of inspectors.-Said county timber inspectors shall, in person or by deputy, at the request of any owner of logs, timber or lumber, after a scalement or measurement thereof, make a bill, stating therein the number of logs, the number of feet (board measure), contained in such logs and lumber and the number of feet, cubic, running or board measure, contained in said timber, and at whose request the same was scaled or measured, and to whom scaled or measured, a copy of which bill he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they occurred upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached that it is a true and correct bill, which bill, so certified, shall be presumptive evidence of the facts therein contained, and of the correctness of such scalement or measurement in all courts, except in favor of the inspector or deputy inspector who made the same.
Sec. 6992. Allowances for hollow, rotten, or crooked logs.-Said county timber inspectors and their deputies shall, in surveying or measuring logs, make such allowance for hollow, rotten or crooked logs as would make them equal to good, sound, straight, merchantable logs; and all logs that are straight and sound are to be measured at their full size, inside the bark at the small end; and all logs over twenty-four feet long, not exceeding thirty-six feet, shall be scaled or measured as two logs, allowing such rise from the first to the second log as the same may require, or as may seem proper in the opinion of the inspector or his deputy.
Sec. 6993. Deputies to make monthly statement.-Said county timber inspector shall require of each of his deputies, at the end of each month, a correct account of all of the logs, timber or lumber measured by him during the month next preceding, and he shall immediately enter such account upon the books of his office.
Sec. 6994. Standard log measurement.— The Doyle stick or standard of log measurement is declared to be the standard by which all sawlogs bought, sold, cut or hauled in this State shall be scaled or estimated, and in scaling logs the average diameter inside the bark shall be taken.
Sec. 7003 (1883). Fees.—They shall be entitled to receive the following fees for services, viz: Five cents per thousand feet for scaling or measuring and making out survey bills for all logs he is called upon to scale or measure; tweleve cents per thousand feet, running measure, for measuring square timber; ten cents per thousand feet for sawed lumber, including bills; and in all cases such fees shall be paid by the owner of the logs, timber or lumber scaled or measured. For recording each mark, fifty cents. For recording any mortgage, bill of sale or other written instrument, the same fees allowed by law to registers of deeds for recording like instruments. Digest of the Statutes, Crawford and Moses, 1921, ch. 121, p. 1889.
Sec. 7272 (1893). Weighman at mine; check weighman may be employed; powers and duties.—The weighman employed at any mine shall, before entering upon his duties, take and subscribe on oath, or affirmation, before some proper officer, to do justice between employer and employee, and to weigh the output from the mine honestly and correctly. The miners engaged in working any mine shall have the privilege, if they so desire, of selecting, by a majority vote, and employing, at their own expense, a check-weighman who shall in like manner take an oath, and who shall have like rights, powers and privileges, in attending and seeing that coal is correctly weighed, and who shall be subject to the same penalties as the regular weighman, and each of such weighmen shall keep account of all coal weighed at the mines, in a well-bound book kept for that purpose. Such oath or affirmation shall be kept posted in a conspicuous place in the weigh office, and every owner, agent or operator of any coal mine in this State shall keep a correct account of the output of coal at his mine in a well-bound book kept for that purpose, therein showing the amount of coal mined in each day, in each month and in each year, and such account shall be kept in the general office in this State of such owner, agent or operator, subject at all times to the inspection of the inspector, and if the mine be leased, subject also to the inspection of the owner of the mine, his agent or attorney.
Sec. 7273 (1905). Mine scales.-It shall be the duty of every corporation, company, or person engaged in the business of mining and selling coal by weight or measure, and employing ten or more persons, to procure and constantly keep on hand at the proper place the necessary
scales and measures and whatever else may be necessary to correctly weigh and measure the coal mined by such corporation, company, or person, and it shall be the duty of the mine inspector to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of each coal mine, or any two or more of the miners working therein, may, in writing, require his attendance at the place where such scales and measures are kept, at other times in order to test the correctness thereof, and it shall be his duty to comply with such request as soon as he can after receiving such request.