to falsify any weight or measure, shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail for not more than three months, upon first conviction; and upon a second or subsequent conviction, he shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars to which may be added imprisonment in the county jail for not more than six months. Expenses-How paid All expenses incident to the enforcement of this act, including Sec. 9 the purchase of a complete set of standard dry and liquid measures, weights and balances and other necessary apparatus as hereinbefore provided for said office and the salaries of clerks, inspectors and deputies shall be paid out of the fund provided for the enforcement of the pure food and drug law, and such money shall be paid out by certificates issued by the state board of health and attested by the secretary. Sec. 10 When act in effect Burns Ann. Stat., 1908, vol. 3, ch. 133 Sec. 10520 (1885, 1897, 1905) Standard weights of This act shall go into effect on the 1st day of January, 1912. The avoirdupois weight of beef or pork in each barrel shall be two hundred pounds; and of flour in each barrel, one hundred and ninety-six pounds; of sorghum molasses, eleven pounds to the gallon; of hay or straw, two thousand pounds shall be given and produce taken for a ton. A bushel of the respective articles hereinafter and other products mentioned shall mean the amount of weight, avoirdupois, in this section specified as follows:1 (1897) Sec. 10521 alty Whoever, when buying or selling by weight, buys or sells any of the foregoing articles or commodities enumerated in section one of Violation of act; penthis act, at a measure differing in weight from the standard of measures therein prescribed and fixed, shall be deemed guilty of a 1 For convenience in printing a slight change has been made in arrangement of these articles. (1885) Sec. 10522 a legal tender misdemeanor, and upon conviction thereof shall be fined not more than twenty-five dollars nor less than one dollar. All the different kinds of grain, seeds and articles specified in this Standard bushel to be act shall hereafter be given and taken at the several weights affixed to each as a standard bushel, and as such shall be considered a legal tender to fulfill any contract made for the delivery of either of the kinds of grain, seeds or articles specified in this act. (1897) Sec. 10523 ured That it shall be unlawful for any person, commission merchant, Wheat, how meas-miller, dealer, grain inspector, corporation, company, firm or association, either by himself, itself, officer, agent or employe, when purchasing wheat or receiving it in barter or exchange for flour or otherwise, from the owner, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market value of wheat any measure other than the standard half-bushel measure furnished this state by the United States; and the use of any fractional part of said standard half-bushel measure for such purpose will be a violation of this section. Sec. 10524 Manner of measuring Sec. 10525 Violation of act, penalty Burns' Ann. Stat. 1908, vol. I (1905) Sec. 2606 Short weight Sec. 2607 Selling coal by false weight Burns' Ann. Stat., 1908, vol. 1 It shall be unlawful to use anything other than a straight stick with the edges square for leveling the wheat in said half-bushel measure, for the purpose of testing the weight, grade, milling or market value of wheat: Provided, that the provisions of this act shall not apply to wheat or grain that is inspected or graded by the car load under the regulations of any board of trade. Any person violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not more than one hundred dollars nor less than ten dollars, to which can be added imprisonment in the county jail for a period not exceeding six months, in the discretion of the judge or jury trying the same. Whoever knowingly sells, or directs or permits any person in his employ to sell any property, and makes or gives any false or short weight or measure of such property; and any person owning, or having charge of scales, measures or steel-yards, for the purpose of weighing or measuring any property, who knowingly reports any false or untrue weight or measure, whereby any person may be defrauded or injured,-shall, on conviction, be fined not more than one hundred dollars nor less than ten dollars. Whoever knowingly sells and delivers any coal except at the weight and measure prescribed by law, shall, on conviction, be fined not less than five dollars, nor more than one hundred dollars. Whoever packs, brands, or sells, or causes to be packed, branded, or sold, any salt, beef, pork, flour, tobacco, or hay, in barrels or Short-weight pack-packages, as full barrels or packages, when such barrels or packages do not contain the weight which, by law, they are required to contain, shall, on conviction, be fined not less than ten dollars, nor more than one hundred dollars. (1881, 1905) Sec. 2632 ages Altering Whoever alters or erases any brand or mark of any inspector Sec. 2633 appointed by proper authority, placed on any barrel of salt, flour, marks beef, pork, or hogshead of tobacco, or other article authorized by law to be inspected and branded, shall, on conviction, be fined not Penalty less than five dollars, nor more than one hundred dollars. inspector's The common council of every city shall have power to enact ordi-Burns' Ann. nances for the following purposes; Stat. (revision of 1908), vol. 3, p. 524 (1905) Sec. 8655 council Acts, 1905, p. 756 Twenty-second: To regulate the selling, weighing and measuring of hay, wood, coal, coke and all other articles sold by weight General powers of or measure; to require dealers to keep honest weights and measures and to provide for inspection of such weights and measures.1 Whoever knowingly constructs, or uses or furnishes to gas consumers to be used, any false meter provided for measuring and registering the quantity of gas consumed by any person under a contract with any gas company, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars. Gas meters (1905) Burns' Ann. Stat.. Supp. of 1905, p. 927 Operator of mine to provide scales Sec. 7437 and check-weighman The operator of any mine at which the miners are paid by weight shall provide suitable and accurate scales of standard manufacture for weighing of coal which may be procured from such mines; such operator shall be required to keep United States standard weights to test said scales. At every mine where the coal mined is paid for by weight it shall be the duty of the weighman and the check- Duties of weighman weighman to examine and balance the scales each morning, and in no case shall any coal be weighed until such scales are tested by the United States standard weights and found to be correct. Said weighman shall accurately weigh and he shall, together with the check-weighman, record the weight of each miner's car of coal delivered, which record shall be kept open at all reasonable hours for inspection of all miners or other persons pecuniarily interested in the product of such mine: Provided, That if the weighman and check-weighman shall disagree work may continue until the inspector of mines can be present, and any erroneous weights Settlement of differmade during such time shall be rectified. When differences shall arise between the weighman and check-weighman, or operator, of any mine as to the correctness of the scales, the same shall be referred to the inspector of mines, whose duty it shall be to see and regulate the same at once. The inspector of mines and miners employed in the mine, the owner of the land and others personally interested in the royalty or rental of such mine shall, at all proper times, have full right of access to and examination of scales or scales apparatus used for weighing coal in or about said mine, including the bank book in which the weights of coal are kept, to determine the amount of coal mined for the purpose of attesting the accuracy thereof. This clause does not authorize the establishment of scales in the public streets (City of Tell City v. Billefeld, 20 App. 1, 49 N. E., Rep. 1090). ences Rights to examine Burns' Ann. Stat., Supp. of 1905. (1905) Sec. 7447 Whenever the mining of coal is paid for by weight, the miners employed in mining the same shall have the right of selecting and Check-weighman keeping in the weigh office, or at the place of weighing the coal, a check-weighman, who shall be vested with the same rights as described in section nine [sec. 7437] of this act, said check weighman to be paid by said miners. Sec. 7448 Duty of inspector of mines Burns' Ann. Stat., Supp. of 1905. P. 932 (1905) ure Sec. 7456 * * * It shall be the duty of the inspector of mines, in addition to his other duties, to examine all scales used at any mine for the purpose of weighing coal taken out of said mine. The scales shall be tested by sealed weights; the same shall be furnished to said inspector of mines by the Auditor of State on requisition, the cost of which shall be audited by the Auditor of State, and paid out of any money in the State Treasury not otherwise appropriated. And on inspection, if the scales are found incorrect and, after written notice by the inspector of mines it shall be unlawful for any operator to use or suffer the same to be used, until the scales are adjusted to weigh correctly. The provisions of this law shall apply to all mines except to mines employing less Any willful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this act, on the Willful neglect, fail- part of the person or persons herein required to do them, or any violation of the provisions or requirements hereof, or any attempt to obstruct or interfere with any inspector of mines in the discharge of the duties herein imposed upon him, or any refusal to comply with the instructions of an inspector of mines by authority of this act, shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court: Provided, that the foregoing shall not apply to sections in this act which have special penalties provided for Penalties them. IOWA Sec. 3009 Sec. 3010 The standard weights and measures now in charge of the secre- Code, 1897, p. 1057 tary of state, furnished by the government of the United States, shall be the standard weights and measures throughout the state. The unit or standard measure of length and surface, from which Length and surface all other measures of extension, whether they be lineal, superficial or solid, shall be derived and ascertained, shall be the standard yard now in possession of the secretary of state, furnished by the government of the United States. It shall be divided into three equal parts called feet, and each foot into twelve equal parts called inches, and for the measure of cloths and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths, sixteenths. The rod, pole or perch shall contain five and a half such yards, and the mile, one thousand seven hundred and sixty such yards. Land measures The acre for land measure shall be measured horizontally and Sec. 31 contain ten square chains, and be equivalent in area to a rectangle sixteen rods in length and ten in breadth, six hundred and forty such acres being contained in a square mile. The chain for measuring land shall be twenty-two yards long, and be divided into one hundred equal parts, called links. Weight The units or standards of weight, from which all other weights Sec. 3012 shall be derived and ascertained, shall be the standard avoirdupois and troy weights, as furnished this state by the United States. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces; the hundred weight shall consist of one hundred avoirdupois pounds, and twenty hundred weight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy pound. Capacity Inch of cream The unit or standard measure of capacity for liquids, from which Sec. 3013 all other measures of liquids shall be derived and ascertained, shall be the standard gallon and its parts, as furnished this state by the government of the United States. The inch or gauge of cream shall be one-half of a standard gallon. The barrel shall be thirtyone and a half gallons, and two barrels shall constitute a hogshead. The unit or standard measure of capacity for substances not liquids, from which all other measures of such substances shall be Hogshead Sec. 3014 Substances not liquids |