the county, and shall be kept by the county auditor, for the purpose of trying and sealing the weights and measures used in his county. [1852]

Sec. 69-102. State standards.

The standard weights and measures furnished by the government of the United States in accordance with the joint resolution of congress, approved June 14, 1836, and any additions thereto and renewals thereof certified to by the United States Bureau of Standards, and such weights, measures, balances and apparatus as may be added by the state commissioner of weights and measures and verified by the United States Bureau of Standards, shall be the standards by which all state, county and city standards shall be tried, proved and sealed. [1925]

Sec. 69-103. Director of weights and measures: Duties; tolerances; regulations.

The state food and drug commissioner shall be the state commissioner of weights and measures. The state commissioner of weights and measures shall take charge of the standards adopted by this act [Secs. 69-102-69-117] as the standards of the state; cause them to be kept in a fireproof building belonging to the state, from which they shall not be removed except for repairs or for certification, and take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order and shall submit them once in ten [10] years to the national bureau of standards for certification. He, or his deputies or inspectors by his direction, shall correct the standards of the several cities and counties, and as often as once in two [2] years compare the same with those in his possession, and where not otherwise provided by law he shall have the general supervision of the weights, measures and measuring and weighing devices of the state, and in use in the state. The state commissioner of weights and measures is also authorized to adopt rules, specifications and tolerances necessary for the enforcement of the provisions of this act, and the violation of such rules, specifications and tolerances shall be punished, upon conviction, as set forth in section fifteen [Sec. 69-116] of this act. He, or his deputies shall, upon the written request of any citi zen, firm, corporation or institution of the state, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in this state. He, or his deputies or inspectors by his direction, shall at least once annually test all scales, weights and measures and devices used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the state board of charities and he shall report in writing his findings to the executive officer of the institution concerned. The state commissioner of weights and measures shall keep a complete record of the standards, balances and other apparatus belonging to the state and take a receipt for the same

from his successor in office; he shall, annually, on or before the first day of December, make to the governor a report of the work done by his office; he, or his deputies or inspectors at his direction, shall at least once in two [2] years visit the various cities and counties of the state which have appointed sealers of weights and measures in order to inspect the work of the local sealers, and in the performance of such duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. The state commissioner of weights and measures shall issue from time to time regulations for the guidance of state, county and city sealers or inspectors and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1925]

[ED. NOTE.-By Chapter 37, Acts 1947, the office of commissioner of weights and measures created by Chapter 86, Acts 1925 was abolished, and the division of weights and measures in the State board of health was created. All rights, powers, and duties provided for, granted, or imposed by said Chapter 86 were transferred to said division created by said Chapter 37.

By Sec. 2100 of Chapter 157, Acts 1949, the division of weights and measures of the State board of health created by Chapter 37, Acts 1947, was preserved and continued, and all the rights, powers, and duties provided for, granted, or imposed upon the State food and drug commissioner, the commissioner of weights and measures or the State board of health by each of the following acts are imposed upon said division of weights and measures of the State board of health: Chapter 153 of the Acts of 1917 (Burns 69-305); Chapter 231 of the Acts of 1921 (Burns 10-4806—10-4808); Chapter 44 of the Acts of 1923 (Burns 69-201-69-215); Chapter 86 of the Acts of 1925 (Burns 69-102-69-117); Chapter 171 of the Acts of 1925 (Burns 46-401, and 46711); Chapter 177 of the Acts of 1931 (Burns 46-120146-1207); Chapter 62 of the Acts of 1933 (Burns 35-1109); Chapter 65 of the Acts of 1935 (Burns 69-401—69–424) ; and Chapter 98 of the Acts of 1935 (Burns 67-601— 67-627).]

Sec. 69-104. County inspectors of weights and measures: Appointment; removal; salary; inspection districts.

The board of commissioners of every county of thirty thousand [30,000] population or more shall, and the board of commissioners of any county of less than thirty thousand [30,000] population may appoint a county inspector of weights and measures. No person shall be appointed as a county inspector of weights and measures in any county unless such person shall have been approved by the state commissioner of weights and measures,1 and no county inspector of weights and measures in any county shall be removed by the board of commissioners without the approval and consent of the state commissioner of weights and measures. The compensation of a county inspector of weights and measures in counties of thirty thousand [30,000] population or more shall be not less than twelve hundred dollars [$1,200] per year, and in counties having a population of less than thirty thousand [30,000], the compensation of the county inspector of weights and measures shall be not to exceed five dollars [$5.00]

Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 1-Weights and Measures, Supervision-Continued.

per day, to be determined by the board and to be paid out of the county treasury: Provided, however, That it shall not be obligatory upon the board of county commissioners of such counties containing a city or cities of the first, second or third class which are already provided with an inspector of weights and measures or city sealers, to make such appointments. The board shall provide the necessary apparatus and supplies for the said inspector of weights and measures and the county councils of such counties shall appropriate such sums of money as are necessary for the salary and maintenance of the office. Two [2] or more adjoining counties, by appropriate action of the boards of commissioners of such counties, may form an inspection district, and provide by mutual agreement, for the appointment of a district inspector of weights and measures. The compensation of such inspector shall not exceed five dollars [$5.00] per day and expenses, and the salary and expenses so paid and incurred shall be apportioned among the counties forming the district in proportion to the population thereof. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-105. City inspector of weights and measures: Appointment; removal; salary.

The common council of every city of the first, second and third class shall provide for the appointment by the commissioners of the public safety, commonly known as the Board of Public Safety, of an inspector of weights and measures and provide for his compensation and for the necessary apparatus and expenses to be paid out of the city treasury. The said inspector of weights and measures shall serve continuously during good behavior under the provisions of section one hundred sixty [Sec. 486105] of an act concerning municipal corporations, approved March 6, 1905, governing the fire and police force, and said inspector of weights and measures shall not be removed for any political reason and only for good and sufficient cause after an opportunity for hearing is given by the said commissioner of public safety: Provided, however, That such provision shall not affect the power of the state commissioner of weights and measures 1 to discharge county or city inspectors of weights and measures as set forth in section six [Sec. 69-107] of this act [Secs. 69-102-69-117]. No person shall be appointed as a city inspector of weights and measures in any city unless such person shall have been approved by the state commissioner of weights and measures and no such city inspector of weights and measures shall be removed without the approval and consent of the state commissioner of weights and measures. If deemed desirable or advantageous, the same person may be employed as a city and

county inspector of weights and measures, and if the same person be so employed the compensation and expenses of such inspector shall be divided between the city and the county, as agreed upon. The compensation of such an inspector of weights and measures shall not be less than fifteen hundred dollars [$1,500] per annum in the case of cities of the first class, and not less than twelve hundred dollars [$1,200] per annum in case of cities of the second and third class. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69–106. County and city inspectors: Duties; bond.

The county or city inspector of weights and measures when appointed shall be a deputy inspector under the direction of the state commissioner of weights and measures. He shall take charge of and safely keep the county or city standards. When not otherwise provided by law, the county or city inspector of weights and measures shall have the power within his county or city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement and the tools, appliances or accessories, connected with any or all such instruments or measurements used or employed within the county or city by any proprietor, agent, lessee or employee in determining the size, quantity, extent or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for sale, for hire or award. He shall at least once in each year and as much oftener as he may deem necessary see that the weights, measures and all apparatus used in the county or city are correct. The county or city inspector of weights and measures shall keep a complete record of the work done by him and shall make a monthly and annual report to the state commissioner and his board of county commissioners or to the mayor; the annual report shall be duly sworn and submitted to the state commissioner of weights and measures,1 not later than the fifteenth of October. The county or city inspector of weights and measures shall forthwith on his appointment give a bond with sureties to be approved by the appointing power for the faithful performance of the duties of his office for the safety of the local standards and such appliances for verification as are committed to his charge and for the surrender thereof immediately to his successor in office or to the person appointed by the proper authority to receive them. The county inspector of weights and measures shall have jurisdiction over the whole county except as to incorporated cities which have provided for a city inspector of weights and measures under the provisions of this act [Secs. 69-102-69-117]. This act shall apply to the sealers or inspectors of weights and measures heretofore appointed under any state law or city ordinance, and such sealer or inspector shall be

continued in office as inspector of weights and measures under the provisions of this act for the respective county, counties, city or cities. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-107. Same: Qualifications; removal; appeal.

Only those persons shall be eligible to appointment to the position of county or city inspectors of weights and measures who at the time of the passage of this act [Secs. 69-102-69-117] are county or city sealers or inspectors of weights and measures or who have passed an examination which shall be given by the state commissioner of weights and measures 1 to test the ability of the person so examined to perform satisfactorily the duties of a county or city inspector of weights and measures. If it is evident to the state commissioner of weights and measures that any county or city inspector of weights and measures is not properly and faithfully performing the duties of his office, the state commissioner of weights and measures shall have power to discharge such county or city inspector of weights and measures. Such removal, however, shall not be made until five [5] days' notice of the charge or charges shall have been mailed to him by said commissioner, naming a time and place for a hearing, not less than two [2] weeks later than the time of mailing such notice to said county or city inspector of weights and measures: Provided, however, That any county or city inspector of weights and measures so removed by the state commissioner of weights and measures, shall have the right to appeal from the action of said commissioner to the circuit or superior court of the county in which such county or city inspector of weights and measures resides, and during the pendency of such appeal, such county or city inspector of weights and measures may serve in his official capacity. Any county or city inspector of weights and measures discharged as herein provided, shall be ineligible to hold the position of county or city inspector of weights and measures for four [4] years, and the vacancy shall be filled by the proper authorities, as provided in this act [Secs. 69-102— 69-117]. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-108. Approval or condemnation of equipment.

or

Whenever the inspector of the city or county or the state commissioner 1 or his deputies or inspectors tests and compares scales, weights, measures weighing or measuring devices and finds that they correspond with the standards in his possession he shall seal and mark such scales, weights, measures or weighing and measuring devices by stamping upon them the letters "Ind. S.," meaning Indiana Standard, and the last two [2] figures of the year in which the same is done; if any scales, weights, measures, or weighing or measuring devices, or parts thereof, be found not to conform to the legal standard the

same may be tagged by the inspector "condemned until repaired" which tag shall not be removed until said apparatus is properly repaired; if said scales, weights, measures, or weighing or measuring devices, or parts thereof are found to be false and fraudulent, or cannot be made to conform to the legal standard, the same shall be condemned and confiscated by said inspector. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69–103, page 303. Sec. 69-109. Police powers; seizure.

The commissioner of weights and measures,1 his deputies and inspectors, and the county and city inspectors of weights and measures, are hereby made special policemen and are authorized and empowered to arrest without formal warrant for any violation of the statutes in relation to scales, weights and measures, and to seize and use for evidence and without formal warrant any false weight, scales, measure, or weighing or measuring device, or packages or amounts of commodities found to be used, retained or offered or exposed for sale or sold in violation of law. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-110. Right of entry; prosecution; interference with inspectors; penalties.

The state commissioner of weights and measures,1 his agents, deputies or inspectors, and the county and city inspectors of weights and measures may for the purpose of enforcing this act [Secs. 69-10269-117], and in the general performance of their official duties, enter or go into or upon without formal warrant, any stand, place, building or premises, or may stop any vender, peddler, junk dealer, coal wagon, ice wagon, or any dealer whatsoever, for the purpose of making the proper test and for the purpose of ascertaining the proper weights and measures of all commodities found therein or thereon. Whenever the state commissioner of weights and measures, his agents, deputies or inspectors, or the county and city inspectors of weights and measures find a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.

Any person who shall molest, hinder or obstruct in any way the state commissioner of weights and measures, his agents, deputies or inspectors, or any county or city inspector of weights and measures in the performance of his official duties hereunder, 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 ten dollars [$10.00] nor more than two hundred dollars [$200] to which may be added imprisonment in the county jail for not more than ninety [90] days. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 1-Weights and Measures, Supervision-Continued.

Sec. 69-111. Sale by weight or measure; packaged commodities; marking requirements; ton.

All commodities shall be sold by standard weight or measure except as otherwise provided in this act [Secs. 69-102-69-117]: Provided, however, That the provisions of this section shall not apply to commodities which are usually and customarily sold by numerical count, or in gross, or are sold in packages prepared and put up for sale: Provided, That all commodities packed in such packages shall be so marked as to plainly indicate the net contents in terms of weight, measure or numerical count: Provided, also, That two thousand [2,000] pounds net avoirdupois shall constitute a ton. [1925]

Sec. 69-112. False scales and measuring devices.

No person, firm or corporation shall use or retain in his possession any false scales, weights, or measures or measuring device or any weight or measure or weighing or measuring device in the buying or selling of any commodity or thing or in calculating or measuring service, or dispose of any condemned scales, weights, measures or weighing or measuring device, except in accordance with such rules, specifications and tolerances as may be adopted by the state commissioner of weights and measures,1 as provided in section two [Sec. 69-103] of this act [Secs. 69-102-69-117], or remove any tag, stamp or mark placed thereon by the inspector; and no person, firm or corporation shall sell or offer or expose for sale or deliver less than the quantity he represent [s]; or sell, offer for sale or have in his possession for the purpose of selling any false scales, weight or measure or any device or instrument to be used or calculated to falsify any weight or measure. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-113. Sale by weight or numerical count; exceptions; containers for small fruits; definitions.

All commodities shall be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for any one to use or employ any dry capacity measure, basket, barrel or container of any kind as a means of determining the amounts or quantities of any commodities offered for sale, or sold: Provided, however, That the provisions of this act [Secs. 69-102– 69-117] shall not be construed to apply to fruits and vegetables sold in the original standard container, nor to vegetables which by common custom are offered for sale, or sold by the bunch; nor shall the provisions of this act be construed to apply to fresh berries and to other small fruits which are customarily offered for sale, and sold by the box, basket or other receptacle, except, however, when such fresh berries or such other small fruits are

offered for sale, or sold in bulk, in which case the provisions of this act shall apply to the extent that such fresh berries and such other small fruits shall be offered for sale, and sold by avoirdupois net weight only: Provided, further, however, That all fresh berries and such other small fruits when offered for sale or sold shall be so offered or sold in boxes, baskets or receptacles of uniform size to hold one [1] quart or one [1] pint dry measure only, which said boxes, baskets or other receptacles shall be uniformly and evenly filled throughout.

The term "commodities" as used in this section shall be construed to mean commodities or articles other than liquids, which are capable of being meas ured by dry capacity measure.

The term "original standard container" as used in this section shall be construed to mean and include only barrels, boxes, baskets, hampers, or similar containers the dimensions or capacity of which is established by law of this state or by act of congress, the contents of which have not been removed or repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count. [1925]

Sec. 69-114. Weighmasters: Appointment; duties; penalty.

Such

The state commissioner of weights and measures 1 upon application of any county, city, town, corporation, individual, firm, association or institution may designate one [1] or more employees or some other suitable person or persons, to act as weighmaster for such county, city, town, corporation, individual, firm, association or institution. weighmaster shall be appointed for a specified term and shall, before entering upon his duties, make oath faithfully to execute his trust as weighmaster. Said commissioner of weights and measures shall issue and keep record of a certificate of appointment which shall designate the location of said scale or scales or measuring devices to be operated by said weighmaster. The rights and duties of weighmasters shall be prescribed by said state commissioner and such weighmasters shall not receive compensation from the state for duties so performed. Any weighmaster who misrepresents the quantity of commodities weighed or measured by him, or otherwise misconducts himself in the execution of his duties of weighmaster shall be guilty of a misdemeanor and upon conviction, shall be punished as set forth in section fifteen [Sec. 69-116] of this act [Secs. 69102-69-117] and shall forfeit his certificate as weighmaster. [1925]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303. Sec. 69-115. Definitions.

The word "person" as used in this act [Secs. 69– 102-69-117] shall be considered to include also firm [s], copartnerships, or corporations. The term "device" or "devices" as used in this act shall be