Sec. 5132. Standards of weights and measures; sealing; pounds per bushel or gallon. The standards of the weights and measures of this state as given below shall be deposited with the secretary of state and also at the different state institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them, and to receive the fees therefor. And on all sales by weight of agricultural products hereinafter named the number of pounds per bushel or the number of pounds per gallon as stated in the following schedule shall be the true and legal standard weight, viz: Millet seed, per bushel [1892; last amended 1914.] Sec. 5133. Standard weight of coal. Pounds 50 32 57 60 56 50 11 42 80 54 45 55 The standard weight of coal shall and is hereby established at two thousand pounds to the ton, or two hundred pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand pounds, or the box or barrel of two hundred pounds. [1908] Sec. 5134. Charcoal barrel. Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter bushels. [1892] Sec. 5135. Measure of saw-logs and square timber. The table known as "Scribner's Lumber and Log-book by Doyle's Rule," is the standard rule of measurement by which saw-logs and square timber shall be measured. The use of any other rule of measurement is unlawful; and any person who shall use any other rule which gives a less number of feet in a given log, shall be guilty of a misdemeanor, and punished accordingly, and be liable to any person injured for triple damages. [1880] jec. 5136. Feeding stuffs labeled. The correct name and true net weight of the contents of each and every hogshead, barrel, box, ask, bale, sack or package of flour, corn meal, cottonseed meal and of any and all other kinds of eeding stuff made from cereals of any kind, whether oure, mixed or adulterated, and whether sold in ingle packages or lots, shall be plainly marked, branded, or stenciled in large, legible letters and igures, upon the exterior of such hogshead, barrel, box, cask, bale or package, and it shall be unlawful or any person, firm or corporation or the agent, employee or representative of any person, firm or corporation to sell or exchange or offer for sale or exchange any of such mill products, so packed or contained, until the provisions hereof have been complied with. [1906] Sec. 5138. Same: Penalty for violations. If any person shall violate the provisions of [Sec. 5136] he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in the sum of not less than twenty-five dollars nor more than one hundred dollars. [1906] Sec. 5139.1 Penalty for using short weights or measures. It is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation of the above schedule of rates and any such person or corporation upon conviction shall be punished by a fine of not less than five nor more than fifty dollars. [1914] 1 See Sec. 7121, page 536; forfeiture of underweight barrels of flour, meal, pork or beef. Sec. 5140. Contracts construed. All contracts for work or labor done, or anything to be sold and delivered, will be construed to have been made according to the standards, unless the parties stipulate to the contrary. [1892] Sec. 5141. Standards for counties and cities. The board of supervisors of every county, and the mayor and board of aldermen of every city, may procure the standards of weights and measures, duly sealed by the secretary of state or some proctor, and consisting of one weight of fifty pounds, one of twenty-five pounds, one of fourteen pounds, and one of seven pounds; two of four pounds, two of two pounds, and two of one pound, avoirdupois; one measure of one yard and one of one foot, cloth measure; one measure of half a bushel, one of one peck, and one of one-half peck, dry measure; one measure of one gallon, one of a half-gallon, one of one quart, one of one pint, and one of one gill, wine measure. [1848] Sec. 5142. Same: Officer to keep standards; sealing. The inspector of provisions [inspector of food 1] appointed by the county or city shall be the keeper Sec. 5144. Dealers to have weights and measures sealed; penalty. When the county or city is supplied with the standards of weights and measures, every dealer therein, shall have none but sealed weights and measures, and the weights shall be so sealed as that the removal of any part of the filling will destroy or deface the seal; and every dealer having, in such case, any weight or measure which has not been duly sealed, shall be guilty of a misdemeanor, and shall pay a fine of ten dollars for every day he may use any unsealed weight or measure. [1892] Sec. 5145. Sale by false weight or measure; penalty. If any person shall sell anything by any false weight or measure, whereby another shall be cheated; or if any person shall sell any lightweight loaf or package, calling the same a pound or other quantity, or if any person shall sell any undercapacity bottle or other vessel, calling it a pint, quart, or other quantity, he shall be guilty of a misdemeanor and fined not less than ten dollars, and imprisoned not less than ten days. [1892] Code 1942 Annotated, Vol. 3, Title 16, Div. 2Municipal Corporations. Sec. 3398. Powers of mayor and board of aldermen. The mayor and board of aldermen of every city, town, and village shall have the care, management, and control of the city, town, or village and its property and finances, and shall have the power to enact ordinances for the purposes hereinafter named, and such as are not repugnant to the laws of the state, and such ordinances to alter, modify, and repeal; and they shall have power: [1892] Sec. 3407. Ninth. Weighing, measuring and inspection of commodities. To prescribe rules for the weighing and measurement of every commodity sold in the municipality, in all cases not otherwise provided by law, and provide for the measuring of wood and fuel and the weighing of coal, and determine the place or places for the sale of the same, and fix the fees and duties of the person authorized to perform the duties herein named; [1892] Code 1942 Annotated, Vol. 3, Title 16, Div. 2— Municipal Corporations-Continued. Sec. 3436. Thirty-sixth. May test water, electric light and gas meters. If, upon complaint of any citizen or citizens interested, the board of mayor and aldermen of any municipality finds that there is reasonable ground for believing that any meter or meters intended to measure or register the quantity of water, or electric light or power, or gas supplied or furnished by any individual, company or corporation to the municipality or its inhabitants is or are of a less candle power or degree of brilliancy than required by contract, said mayor and board of aldermen may employ an expert, who shall examine and test said meter or meters and said light or lights, as the case may be, and report back to said board, notice of the time and place of the proposed test or tests being first given to all parties interested; and if such examination or test shall show the fact that said meter or meters measure or register incorrectly or excessively, or that said light or lights are of a less candle power or brilliancy than required by contract, then all expenses of such examination and test incurred by said municipal authorities shall be charged against and collected back from said individual, company or corporation supplying or furnishing said water, electric light or power, or gas, as the case may be, and such penalties may be imposed as the municipal ordinances may provide. [1906] Code 1942 Annotated, Vol. 4, Title 19, Ch. 1— Agricultural Seeds. Sec. 4397. Definitions. The term "agricultural seeds" as used in this act [Secs. 4397-4397-31] shall be defined as the seeds. of cotton, corn, melons, small grains, beans, peas, sorghums, peanuts, vetch, clovers, alfalfa, grasses, and any and all other plants (except potatoes and sweet potatoes), grown on field scale for grain, hay, fibre, or any other purpose, which are sold, offered or exposed for sale within this state for seeding purposes within this state; while the term "vegetable seeds" shall include the seeds of those crops that are generally grown in Mississippi on garden scale and generally known and sold under the name of "vegetable seeds." [1944] Sec. 4397-02. Marking requirements for packages of one pound or more. Every lot of agricultural and/or vegetable seeds as defined in section 1 [4397] *. when in bulk, packages, or other containers of one pound or more, shall have affixed thereto, a plainly written in ink or printed tag or label in the English language, stating on one side of label only and with no intervening matter: Agricultural seeds or mixtures of same and vege table seeds shall be exempt from the provisions o this act [Secs. 4397-4397-31]: (a) When possessed, exposed for sale, or sold fo food or feed purposes only when so labeled. (b) When sold to merchants, firms, corporation or cooperative associations, or when in store to b recleaned and labeled in accordance with the prov sions of this act before being sold or exposed fo sale for seeding purposes, provided that such seed shall be tagged or labeled "To Be Recleaned Tested." (c) No label shall be required unless requeste by the purchaser, on agricultural seeds, mixtures same, and vegetable seeds, when such seeds a sold directly to and in the presence of the purchase and taken from a container labeled in accordan with this act. [1944] Sec. 4397-12. Enforcement of act. The duties of enforcing this act [Secs. 43974397-31] and carrying out its provisions and r quirements shall be vested in the commissioner agriculture, and the said commissioner shall hav authority to establish rules and regulations not it consistent with the provisions of this act. [1944] Sec. 4397-19. Penalty for violations. Every violation of the provisions of this act [Sec 4397-4397-31] shall be deemed a misdemean punishable by a fine of not less than ten dolla ($10.00) nor more than one hundred dolla ($100.00), [1944] Code 1942 Annotated, Vol. 4, Title 19, Ch. 2Standard Containers for Fruits and Vegetables. Sec. 4424. Commissioner of agriculture to establish standa sizes for and weight of containers.1 The commissioner of agriculture may also esta lish standard sizes for boxes, or containers, used the handling of fruits and vegetables in this stat provided such standards established by the comm sioner shall conform with the federal standard co ainer act of congress, and the commissioner may lso establish the standard weight of each box or ontainer when filled with fruits or vegetables. 1924; last amended 1948.] 1 See Secs. 4527 and 4532, pages 530, 531; recommendation of arketing committee. Code 1942 Annotated, Vol. 4, Title 19, Ch. 3Commercial Feeds. ec. 4436. Definition. The term "commercial feeds" shall be held to nclude cottonseed meal, the so-called mineral feeds nd all other feeding stuff used for feeding live tock and poultry, except the following: (a) Whole inmixed seeds or grains. (b) Cottonseed hulls. c) The unmixed meals made from and consisting of the entire grains of corn (but not corn chops), wheat, barley, rye, oats, buckwheat, flaxseed, kaffir nd milo. (d) Whole hays, straws when unmixed with other materials. (e) And all other materials when containing 60 per cent or more of water. 1928] ec. 4437. Marking requirements. Every lot or parcel of commercial feeds sold, ofered or exposed for sale or exchange or distribution vithin this state shall have fixed thereto a tag in a onspicuous place on the outside thereof, containng a legible and plainly printed statement in the English language clearly and truly certifying: (a) The net weight of the package, lot or parcel. [1928] Sec. 4447. Penalty for violations; stop sale order. Any manufacturer, importer, jobber, firm, assoiation, corporation, or person who hall impede, obstruct, hinder, or otherwise preent or attempt to prevent said commissioner of griculture and commerce, or his authorized inpector or agent in the performance of his duty in connection with provisions of this statute [Secs. 1436-4449], or who shall sell, offer or expose for ale or for distribution in this state, any commercial eeds as defined, without complying with the requirements of the provisions herein, * hall be guilty of a misdemeanor1 and punished accordingly, and the commissioner of agriculture or his legal representative shall have the authority o stop the sale of any commercial feed stuffs, or oil eed meals, offered or exposed for sale or distribuion that do not meet the provisions of this act, and such feed stuffs, or oil seed meal, shall not gain be placed on the market in this state until he requirements of the law have been met and said feed stuffs released for sale by the commissioner of agriculture, or his legal representative. [1928; ast amended 1946.] 1 For punishment for misdemeanor, see Sec. 2562, page 537. Sec. 4449. Enforcement. The commissioner of agriculture and commerce, except as otherwise provided, is hereby empowered to enforce the provisions of this statute [Secs. 4436– 4449]. [1928] Code 1942 Annotated, Vol. 4, Title 19, Ch. 4Commercial Fertilizer. Sec. 4450. Marking requirements. That every lot or parcel of commercial fertilizer or fertilizer material sold, offered or exposed for sale or distribution within this state shall bear in a conspicuous place on the outside thereof, a tag, containing a plainly printed statement in the English language and truly certifying: (a) the net weight of the contents of the package, lot or parcel; [1928; last amended 1940.] Sec. 4466. Rules and regulations for enforcement. The commissioner of agriculture and commerce and the state chemist shall have authority to establish such rules, regulations, definitions, and standards in regard to the inspection, analysis, and the sale of fertilizers and fertilizer materials as shall not be inconsistent with the provisions of this statute [Secs. 4450-4474] and as will best carry into effect the intent and meaning thereof. [1928] * Sec. 4468. Penalty for violations; stop sale order. Any manufacturer, importer, firm, or person who shall impede, obstruct or attempt to prevent the commissioner of agriculture and commerce or his deputy or agent in the performance of his duty in connection with the provisions of this statute; or who shall fail to label each package or lot as required herein, or who shall use a label that is incomplete or false or misleading in any respect; shall be guilty of a misdemeanor1 and punished accordingly. The commissioner of agriculture, or his legal representative, shall have the authority to stop the sale of any commercial fertilizer or fertilizer material offered or exposed for sale or distribution that does not meet the provisions of this act, and such fertilizer or fertilizer material shall not again be placed on the market in this state until the requirements of the law have been met and said fertilizer released for sale by the commissioner of agriculture, or his legal representative. [1928; last amended 1946.] 1 For punishment for misdemeanor, see Sec. 2562, page 537. Code 1942 Annotated, Vol. 4, Title 19, Ch. 5, Art. 3 -Standard Containers for Fruits and Vegetables. Sec. 4526. Marketing committee; districts. That a committee be, and it is hereby created to consist of seven members, four of whom shall be producers of vegetables and three of whom shall be handlers of vegetables, to be nominated and appointed as herein provided, from the following described districts: |