Sec. 12 Flour barrels may be considered standard 77 Laws, 1905, ch. 76, p. Milk shall be weighed cock test by owners or operators. of creamery been violated he shall, in his discretion, prosecute all offenses against the same. Nothing in this act shall in any way be construed as debarring the so-called flour barrel from being considered a standard barrel. On and after July first, in the year nineteen hundred and five, all milk or cream purchases by any person, firm or corporation, and tested by the Bab- for use in or to be resold by any creamery in this state, shall be weighed and shall be tested by the Babcock test to ascertain the amount of butter fat per pound therein contained; and the value of the cream or milk thus purchased shall be determined by the Test shall be made amount of butter fat per pound as thus ascertained. The test herein provided shall be made by the owners or operators of the creamery purchasing as aforesaid, but upon petition in writing, signed by twenty-five per cent or more of the patrons of any creamery and addressed to the commissioner of agriculture, or upon petition in writing signed by the owner or operator of any creamery and addressed to said commissioner, one or more tests Upon petition tests shall be made by, or under the direction of said commissioner, missioner of agriculture and the finding of said commissioner shall be conclusive upon all parties therein concerned. Provided, however, that when the total number of patrons of any one creamery exceeds one hundred then the number of petitioners herein required by patrons need not exceed thirty. All samples of cream treated by said test shall be weighed and the standard unit for testing shall be eighteen grams. may be made by com Proviso Sec. 2 Penalty Rev. Stat., ch. 39 Sec. 11, as amended All measures used in by wine measure Any person, firm or corporation, or the servant or agent of any person, firm or corporation, who shall violate the provisions of the preceding section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding fifty dollars or by imprisonment not exceeding thirty days for every such violation. All measures, cans or other vessels, used in the sale of milk, by Laws, 1909, ch. 254 shall be sealed by the sealer of weights and measures, by wine sale of milk to be sealed measure, containing thirty-two ounces to the quart, and all quart bottles containing less than thirty-two ounces or more than thirtytwo ounces and six drams, all pint bottles containing less than sixteen ounces or more than sixteen ounces and four drams, and all half pint bottles containing less than eight ounces or more than eight ounces and two drams, shall be condemned; all bottles within the above limits shall be passed as containing full measure, and all other measures, cans or other vessels shall be marked by the sealer with figures indicating the quantity which they hold; and whoever sells by any other measure, can or vessel, forfeits twenty dollars for each offense. Penalty Sec. I of measure for milk and All milk and cream bought and sold by measure for consumption Laws, 1909, ch. 242 within this state shall be bought and sold by wine measure, the Standard unit standard for which shall be two hundred and thirty-one cubic cream inches to the gallon, and for subdivisions of the gallon, in the same proportion. All measures, cans, sealer of weights and marked All measures, cans or other vessels used in the purchase or sale Sec. 2 of milk or cream shall be tried and proved by the standard men- etc., shall be proved by tioned in the preceding section, by the sealer of weights and measures and plainly measures of the city or town in which such milk or cream is to be consumed, who shall, agreeably to such standard plainly stamp thereon the quantity which such measures, cans or other vessels hold, together with the date of the calendar year in which such measures, cans or other vessels are sealed. Any person, firm or corporation who shall purchase or sell by measure any milk or cream by any other than the measures so tried, sealed and marked, shall forfeit for each offense the sum of ten dollars. Penalty Capacity of cans to be When milk or cream is purchased by measure at wholesale by Sec. 3 any person, firm or corporation engaged in the business of buying used in wholesale trade or selling milk or cream or both, the can or other vessel containing such milk or cream shall hold eight quarts and one pint and no more, and all new cans or other vessels purchased by any wholesale dealer in milk or cream, to be used for the purpose of receiving such milk or cream by measure, purchased by them between the first day of August, 1909, and the time when this act shall go into effect shall contain eight quarts and one pint, and no more, and shall be tried, proved, sealed and marked as herein provided. Penalty for mutilating erasing names and Whoever by himself or by his servant or agent, or as the servant Sec. 4 or agent of any other person, firm or corporation having custody of cans and measures, or a milk can, measure or other vessel used as a container for milk marks from same destined for sale, shall wantonly, wilfully or maliciously indent, bend or otherwise mutilate said can, measure or other vessel so that the same will not contain eight quarts and one pint, standard measure, as hereinbefore provided, or who shall wantonly, wilfully or maliciously erase, efface or otherwise mutilate said can, measure or other vessel so that any names, figures or other marks placed thereon by a sealer of weights and measures shall become illegible shall be punished by a fine not exceeding fifty dollars. Penalty * Any person, firm or corporation violating the pro- Sec. s visions of section three * * * of this act shall be fined not exceeding the sum of fifty dollars. Sec. 6 The Commissioner of Agriculture shall diligently enforce, or Commissioner of agcause to be enforced, all the provisions of this act. riculture shall enforce this act MARYLAND That Article 97 of the Code of Public General Laws, title, Code Pub. Gen. Laws "Weights and Measures," be and the same is hereby repealed and reenacted by Laws and re-enacted with amendments as follows: The standards for weights and measures in this State, except as otherwise provided in this Article, shall be the same as the standard of weights and measures of the United States. The County Commissioners of each county shall, on or before the first day of May in each year, appoint some person as keeper of standards of weights and measures, who shall safely keep and preserve the same, and, when required, deliver them to the County Commissioners, or to such persons as they may appoint to receive the same, and who shall perform the several duties prescribed by this Article. 1904, art. 97, as amended Sec. a Standards of weights Sec. 3 appointment of Keeper of standards; Care of standards Bond The person so appointed, before entering upon the duties of Sec. 4 his office, shall give bond to the County Commissioners in the penal sum of five hundred dollars, conditional for the faithful discharge of all the duties appertaining to his office. Inspecting, branding, All weights and measures used within this State in the vending Sec. s of articles, shall be inspected and stamped, or branded by said and stamping standard keepers, and when adjusted, shall be by the said standard keepers branded with the letters Md. S., meaning thereby Maryland Standard, together with figures that will indicate the year of inspection, in such manner and on such parts of the said weights and measures as shall be most lasting and effectual in preventing and detecting fraudulent practices or impositions in the use of such weights and measures; and the like inspection shall be repeated once in every year and the year of inspection branded or stamped thereon; such weights and measures so examined and stamped or branded as aforesaid, and no other shall be used in this State in the vending of such articles as are directed by law to be or are usually sold by weight or measure, under a penalty not exceeding twenty dollars. The keeper of standards of weights and measures shall attend to the different market towns, and villages in the county for which they shall respectively be appointed, at least once in each year and at the different public inspecting warehouses in the said counties at least twice in each year on some certain days to be Penalty See 6 Inspections to made, how often be Public notice Sec. 7 Record to be kept Sec. 8 Penalty for neglect or refusal. Sec. 9 Keeper to make ex appointed by the County Commissioners, of which days public notice shall be given by advertisement inserted in some one or more newspapers in the counties in which there may be such paper printed, and also by advertisement set up at some conspicuous place in the said markets, warehouses, villages and towns, and shall inspect and adjust all beams and scales, weights and measures, used or intended to be used in said county. Each keeper of standards shall keep in book form in which he shall register the names of the persons whose beams and scales, weights and measures he has adjusted, together with the day of the month and year, and number and description of the same so adjusted, which book he shall submit to the inspection of the County Commissioners once in each year or oftener if required. If any person shall neglect or refuse to have his, her or their beams and scales, weights and measures inspected and adjusted as herein directed when required to do so by the proper officer, he, she or they shall forfeit and pay a fine of five dollars for every day during such delinquency. If any standard keeper shall be informed or has reason to susamination upon request pect that any person is using or has in his possession with fraudulent intention any false beams, scales or measures, he shall examine the same, and if he finds them or any of them to be false, he shall Authorized to seize seize the same as a forfeiture and adjust and sell them at public auction, and shall annually return a statement of the money received therefor under oath to the County Commissioners. false weights and meas ures Sec. 10 Penalty for using broken, altered, or changed, etc., weight or measure If any weight or measure which shall have been branded or stamped as herein required shall be broken, injured, altered or changed, or condemned by the standard keeper, and shall be found thereafter in the use of any person within this State, such person shall forfeit and pay a fine of twenty dollars for each and every offense. Each standard keeper shall receive compensation for the discharge of his duties as the County Commissioners shall think proper to allow, which shall be levied on the assessable property of the county and collected as other county charges. Whenever any standard keeper shall be applied to adjust scales, weights and measures, by adding to or diminishing the same, or to adjust scale beams, he shall be allowed an additional reasonable compensation therefor, to be paid by the party so applying for his services. Half of all fines and forfeitures imposed by the preceding sections of this Article shall go to the informer and the other half to the use of the county. The units of standards of measures of capacity for liquids designated in this Article shall be based on a liquid gallon or two hun |