546 state the actual weight, assay value, and total amount paid for any Fraud in sale of ore lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section. Sec. 6 Sess. Laws, 1903, p. 91 Each lumber inspector shall, in person or by deputy, at the Measuring lumber 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 or lumber, and the number of feet, cubic running, or board measure, contained in said timber, and at whose request the same were scaled or measured, and to whom scaled or measured, a copy of which 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 who made the same. Rev. Codes, 1908, p. (1905) Sec. 1132 665 (1907) Each package of butter offered or exposed for sale shall have stamped upon the wrapper or package, the actual number of ounces contained in said package. Each square or roll of butter kept, exposed or offered for sale in the State of Idaho, which is represented to contain one pound in weight, shall contain full sixteen ounces; and each square or roll of butter kept or offered for sale in the State of Idaho, which shall be represented to contain two pounds net weight shall contain full thirty-two ounces. That, for the purpose of act, an article shall also be deemed to be misbranded 3. If in package form, and the contents are stated in terms of weight or measure, the net weight or measure is not plainly or correctly stated on the outside of the package. The State grain commission consists of three qualified electors Rev. Codes, 1908, P. of the State of Idaho, who are appointed by the Governor to hold by Sess. Laws, 1909, p. State grain commis office for two years and until their successors are appointed and Sec. 1478, as amended qualified, unless sooner removed by the Governor. The commis- 28 sioners shall be appointed each odd-numbered year. Said com- sion missioners shall take the oath of office required of other state officers. Two members of said commission shall be farmers actually engaged in the business of farming and not engaged in the warehouse business at the time of their appointment, and shall be selected from different sections of the State. The decisions of a majority of the commissioners shall be deemed the decisions of the commission on all questions arising for their consideration. *** The said commission shall exercise general supervision Sec. 1479, as amended over the hay and grain interests of the State, and of the handling, 28 inspection, weighing and storage of hay and grain, and of the charge of weighing and management of public warehouses, shall investigate all complaints storing hay and grain of fraud or injustice in the hay and grain trade, and may fix the charges of public warehouse men. * * * The said commission shall also establish the necessary rules and regulations for grading and weighing hay and grain, and shall fix the charges for inspecting and grading hay and grain, and shall make such other rules and regulations as may be necessary for the enforcing the rules and regulations of this chapter or any law of this State in regard to the same. by Sess. Laws, 1909, p. 14938, as enacted by 49, p. 108 Upon written complaint filed with the Commission [State Grain Rev. Codes, sec. Commission] charging an Inspector of Hay, Grain or Scales with Sess. Laws, 1911, ch. official misconduct, inefficiency, incompetency, or neglect of duty, Complaint against inthe Commission shall investigate such charge, and if any of such charges be sustained, shall remove such officer. Warehouse and de tion of All scales used in public warehouses, depot scales, street scales, Sec. 1493h, as enacted or scales used in stockyards, for the weighing of grain, hay, wool, ch. 49 coal, livestock, or other farm commodities, shall be under the con- pot scales, etc., inspectrol of the State Hay and Grain Commission, and subject to the inspection and correction at least once a year by the State Hay and Grain Inspector or his deputies, and shall be exempt from the jurisdiction of the Sealer of Weights and Measures. They shall be inspected at the request of any person interested in any hay, grain, wool, coal, livestock, or other commodities, weighed or to be weighed thereon. If found incorrect, the cost of inspection shall be paid by the owner thereof, otherwise by the person requesting inspection. No scales found incorrect shall be used until reexamined and found correct. Sec. 14931, as enacted by Sess. Laws, 1911, Annual inspection of The Inspector shall, at least once a year, examine, test and require to be correct all scales used in weighing hay, grain, wool, ch. 49 coal, livestock or other commodities, at any public warehouse, scales depot, stockyards or other public place in the State, and after such scale is tested and found to be correct and in good condition, Sec. 1493j, as enacted by Sess. Laws, 1911, ch. 49 to issue to the owner or manager of such warehouse, depot, agent, manager or owner or any such public scale, a certificate authorizing the use of such scales for the weighing of hay, grain, wool, coal, livestock, or other commodities for the ensuing year, unless sooner revoked by the Inspector. If such scales are found to be inaccurate or unfit for use, the Inspector shall notify the party using them, and the party thus notified shall, at his own expense, thoroughly repair the same before attempting to use them, and until thus repaired to the satisfaction of the Inspector, the certificate of such party shall be suspended or revoked in the discretion of the Inspector and the party receiving such certificate shall pay to the Inspector the sum of One Dollar ($1.00) for each wagon scale and Fifty Cents (50c) for each platform scale so inspected as herein enumerated. Any person, agent or corporation who shall obstruct any InObstructing official spector in the performance of his official duties by preventing his proper access to the scales used in the weighing of grain, hay, wool, coal, livestock, or other commodities, or the inspection of hay, grain, flour, wool, or other commodities stored in special piles, or otherwise, or the examination of receipt and shipping books, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum of not more than Fifty Dollars ($50) and costs of prosecution. Any agent of any company or corporation, manager foreman, or person in the employ of the warehouse under inspection shall, if deemed necessary by the Chief Inspector or any of his deputies, re-weigh, in the presence of the Inspector any load or pile of grain, hay, wool, coal, or draft or drafts of livestock, or other commodities. Sec. 1493k, as enacted by Sess. Laws, 1911, ch. 49 Carelessness in in etc. Any Inspector, Deputy Inspector, or Scale Inspector who shall knowingly or carelessly inspect any grain or scales, or weigh, grade, specting and grading, or classify any grain improperly, or give any false certificate of inspection or weight, or accept money or other consideration, directly or indirectly, for neglect or improper performance of duty, or neglect any duty prescribed by this chapter or the rules and regulations established by the Commission; or any person who shall improperly influence or attempt to influence any such officer in the performance of his official duties, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed One Hundred Dollars ($100) and costs of prosecution. 49, sec. 9 Prosecutions Sess. Laws, 1911, ch. It is hereby made the duty of the prosecuting attorneys of the various counties of this State, upon proper information being made before them, to prosecute any person, firm, company or corporation charged with the violation of any of the provisions of this act. ILLINOIS Rev. Stat., 1909, ch. 147. P. 2076 (1845) Sec. I That the weights and measures received from the United States, and now in charge of the secretary of state, to wit: one yard measure, one half bushel, one wine gallon, one wine quart, one wine pint, Standards one wine half pint, one set of avordupois weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, and from eight ounces down to one drachm; one set of troy weights from five thousand pennyweights down to half a grain, and from one pound down to the ten thousandth part of an ounce, together with the three sets of balances, when received from the United States, shall be and remain, and be used as the sole authorized public standard of weights and measures. State sealer to keep Such weights, measures and balances as may be procured, from Sec. 2 time to time to replace those before mentioned, shall be preserved in the same form, and of the same dimensions, the denominations of the weights and measures being marked thereon, respectively; and they shall be sealed with the seal which is kept for that purpose by the state sealer. Heaped measure All commodities sold by the heaped measure, shall be duly heaped Sec. 3 up in the form of a cone, the outside of the measure by which the same shall be measured to be the limit of the base of such cone, and such cone to be as high as the article to be measured will admit. The measures used for measuring dry commodities, not heaped, Measures not heaped shall be stricken with a straight stick or roller, and of the same diameter from end to end. Sec. Hundredweight, ton The hundred weight shall consist of one hundred pounds, and d twenty such hundred weights shall constitute a ton. Contracts Contracts hereafter to be executed, made within this state, for Sec. 6 any work to be done, or for anything to be sold, delivered, done or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. (1845, 1891, 1895) Weight per bushel of Whenever any of the following articles shall be contracted for, Sec. 7 or sold, or delivered, and no special contract or agreement shall be produce made to the contrary, the weight per bushel or barrel, or divisible merchantable quantities of a barrel, shall be as follows:1 1 For convenience in printing a slight change has been made in arrangement of these articles. Sec. 8 Whoever, in buying any of the articles of property mentioned in the preceding section, shall take any greater number of pounds thereof to the bushel, or barrel, or divisible merchantable quantity of a barrel, or in selling any of said articles, shall give any less number of pounds thereof to the bushel or barrel, or divisible merchantable quantity of a barrel, than is allowed by said section, with intent to gain an advantage thereby, except expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount of the property so wrongfully taken or not given and ten dollars in addition thereto, to be recovered in any form of action, in any court of competent jurisdiction. The secretary of state shall be ex officio, state sealer of weights and measures, and shall have the care and custody of the authorized public standards of weights and measures. He shall try and prove, by such standards, all weights and measures, scales and beams which may belong to any county, and be sent or brought to him for that purpose by the county sealer, and shall seal such, when found to be accurate, by stamping on them the letter "I," with a seal which he shall have and keep for that purpose. The county clerk of each county shall be the sealer of weights and measures for the county, and shall have the care and custody of the county standards. He shall procure, at the expense of the county, when authorized by the county board, and not already provided, a full set of weights and measures, scales and beams, which he shall cause to be tried, proved and sealed by the state standards, under the direction of the secretary of state. The several county sealers shall try and prove all weights and measures, scales and beams, when requested so to do; and when the same are found or made to conform to the legal standards, they shall seal and mark such weights and measures, with a sea! to be kept by them for that purpose. |