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LAWS CONCERNING THE WEIGHTS AND MEASURES OF THE UNITED

STATES

ALABAMA

Const., 1901

Sec.

No state office shall be continued or created for the inspection Crim Code, 1907. D. or measuring of any merchandise, manufacture, or commodity, " but any county or municipality may appoint such officers when No State inspection authorized by law.

officer

Pol. Code, 1907, p.

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(1807) Sec. 2429

There is but one standard of measure of length and surface, one of weight, and one of capacity, throughout this state, which must be in conformity with the standard of measure of length, surface, Standard weight and capacity established by Congress.

Sec. 2430°

All contracts made, within this state for any work to be done, or for anything to be sold and delivered, must be construed to have been made according to the standard of weight and measure thus Contracts ascertained, unless the parties stipulate to the contrary.

Standards furnished

counties

Mass

Any county which has not been furnished with weights and Sec. 2431° measures, consisting of one weight of fifty pounds, one of twentyfive pounds, one of fourteen pounds, 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 gal- Lengths lon, one of a quart, one of one pint, one of one-half pint, and one of one gill, wine measure, in conformity with such standard, must be supplied therewith, by the secretary of state, as early as practicable.

If the weights and measures of any county are destroyed, without the fault of any official who by law had charge of the same, the secretary of state shall, upon the requisition of the probate judge, furnish weights and measures to such county.

Volume

(1877) Sec. 2432

In case of destruction

New counties

New counties must be furnished with weights and measures. For the expense of obtaining such weights and measures, and Sec. 2434° furnishing the same to counties, the auditor must, on the account being certified by the secretary of state, draw his warrant on the state treasury.

Expense

The judge of probate of each county, when furnished with such Sec. 2435° weights and measures, must, within three weeks thereafter, give

85780-12- -2

17

Notice of receipt

Sec. 2436°

notice thereof by advertisement at the court-house door, and at five other public places in the county.

Such judges must try all weights and measures presented to Seal of weights and them, by such standards, and if found to agree with same, must seal them with a seal to be provided at the expense of the county.

measures

Sec. 2437°
Penalty

Sec. 2438°
Custody of

Sec. 2439°

Weight of bushel of

Three months after the notice prescribed in this chapter has been given, every person selling any commodity, by weight or measure, which does not correspond with such standard, forfeits the sum of ten dollars to any person suing for the same.

The set of balances intended for the adjustment of weights and measures furnished to this state by act of Congress, must be kept by the secretary of state.

The legal weights per bushel of the following commodities shall be as follows: Cottonseed, thirty-two pounds; wheat, sixty certain commodities pounds; shelled corn, fifty-six pounds; corn in the ear, seventy pounds; corn in the shuck, seventy-five pounds; peas, sixty pounds; rye, fifty-six pounds; oats, thirty-two pounds; barley, forty-seven pounds; Irish potatoes, sixty pounds; sweet potatoes, fifty-five pounds; beans, sixty pounds; dried peaches, unpeeled, thirty-three pounds; dried peaches, peeled, thirty-eight pounds; dried apples, twenty-four pounds; turnips, fifty-five pounds; bolted meal, forty-six pounds; unbolted meal, forty-eight pounds. Pol. Code, 1907, Vol. The Council [of municipal corporations] shall have the right to provide public scales and an inspection of weights and measures, and to provide punishment for persons, firms, and corporations using fraudulent weights and measures; * * *.

I, p. 614

(1907)

Sec. 1270
Scales, etc.

Crim. Code, 1907, ch. 307, p. 967 Sec. 7876

If any person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punBuying or selling by false weight or measure ished as for a misdemeanor.

Gen. Acts, 1907, p. 745
Sec. 4

to weight

All persons, companies, manufacturers, dealers or agents before Packages branded as selling or offering for sale in this state, any commercial fertilizer or fertilizer material, shall brand or attach to each bag, barrel or package, the brand name of the fertilizer, the weight of the package [in pounds], the name and address of the manufacturer,

Crim. Code, 1907, ch. 193, P. 431, as amended

Sec. 6620

ufacturers of corn meal

Any miller, firm, person or corporation shall be guilty of a misby act 166, 1909, p. 302 demeanor who manufactures, grinds, or repacks corn meal, or Regulations for man- - chops, or who conducts a merchant mill, to pack or cause to be packed, to be offered for sale to merchants or the general public, or to carry in stock with intent to sell corn meal, bolted or unbolted, or chops, packed in any other than six pounds, twelve pounds, twenty-four pounds, forty-eight pounds, and ninety-six pound sacks, or ninety-six pound barrels, and one hundred and ninety-six pound barrels, wood; or who shall fail to have plainly painted or stenciled upon them "bolted meal" or "unbolted meal,"

or "chops," steam or water ground, as the case may be, as indica-
ting the kind of power used in the mill producing the same, "eighth
bushel," "fourth bushel," or "peck," "half bushel," "
half bushel," "one bushel,"
"two bushel," and the barrel and half barrel, or who shall fail to
show the net weight in pounds

Sec.

Any merchant, dealer, vendor, hawker, or other character of Sale of corn meal seller, who sells, offers for sale, or keeps in stock with intent to sell, any corn meal or chops, bolted, or unbolted, in any other than six pounds, twelve pounds, twenty-four pounds, forty-eight pounds, and ninety-six pound sacks, or ninety-six pound half barrels, and one hundred and ninety-six pound barrels, wood, shall be guilty of a misdemeanor; provided any retail merchant may, on order, weigh from bulk meal or chops any number of pounds desired by an individual consumer.

Penalty

Any person, firm or corporation, convicted under either one of Sec. 6622 the two preceding sections, shall be fined not less than fifty, nor more than one hundred dollars for the first offense, but on the second conviction, shall be fined not less than one hundred, nor more than five hundred dollars, one-fourth of said fine in either instance shall be paid to the informer furnishing proof leading to a conviction, out of the county treasury, after the payment of such fine upon the order of the solicitor prosecuting the case. That any manufacturer, merchant, dealer, vendor or other per- Act 224, 1909, P. 268 son who sells, offers for sale or keeps in stock with intent to sell, Feed stuffs sold exany corn, oats, rye, wheat, barley or mill products such as mid- ties, misdemeanor dlings, bran, chops, corn hearts and all other ground feed products in sacks or bags, and cotton seed meal and cotton seed hulls, except in quantities hereinafter respectively prescribed, shall be guilty of a misdemeanor.

cept in certain quanit

Sec. 2

quantities

Oats shall be sold in sacks containing four and one-half bushels Feed stuffs, how sold, and five bushels, weighing, respectively one hundred and forty pounds and one hundred and sixty pounds; rye and corn in two, two and one-half, and three bushel sacks, weighing respectively one hundred and twelve, one hundred and forty and one hundred and sixty-eight pounds; wheat in two, two and one-half and three bushel sacks, weighing respectively one hundred and twenty, one hundred and fifty and one hundred and eighty pounds; barley in two, two and one-half and three bushel sacks, weighing respectively ninety-six, one hundred and twenty and one hundred and fortyfour pounds; mill products such as middlings, bran, chops, corn hearts and all other ground feed products, in sacks or bags weighing one hundred and one hundred and seventy-five pounds each, except cotton seed hulls which shall be in eighty pounds and one hundred pounds sacks or bags; grits shall be sold only in barrels of one hundred ninety-six pounds or sacks weighing ninety-six

Sec. 3

May sell in bulk

Sec. 4

Does not apply to

pounds, except grits packed in paper cartons of not more than five pounds.

The foregoing provisions shall apply only when said articles are sold in sacks, bags or other packages, and shall not prevent the sale of any of said articles in bulk.

But the provisions of this act shall not apply to sales of grain grower or resale by pur- or cereals by the producer or grower of such grains or cereals or resale of same by the purchaser or to mill products shipped by manufacturers to dealers for mixing purposes.

chaser

Sec. 5

Packages must be

ing number of pounds or bushels

It shall be unlawful to sell any of the said grains in such sacks, plainly marked show-bags or packages, unless in large figures thereon is plainly marked or stenciled the number of bushels or pounds and in the case of the mill products, it shall be unlawful to falsely brand any of said sacks, bags or packages as to the true weight of the same.

Sec. 6
Penalty

Gen. Laws, 1911, act 119. p. 104

Sec. 1

Feeding stuffs, de

fined

Sec. 2 Feeding stuffs, to be net weight, etc.

Any person, firm or corporation violating any of the provisions of this act shall be fined not more than one hundred dollars for the first offense, but on the second conviction shall be fined not less than one hundred nor more than five hundred dollars.

The term "Commercial Feeding Stuffs" shall be held to include all feeding stuffs used for feeding live stock and poultry, except whole seeds or grains; the unmixed meals made directly from entire grains of corn, wheat, rye, barley, oats, buckwheat, flax seed, kaffir, and milo; whole hays, straws, cotton seed meal and hulls and corn stover when unmixed with other material. Together with all other materials containing sixty (60%) per cent or more of water.

Every lot or parcel of commercial feeding stuff sold, offered or exposed for sale or distribution within this State shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying: (a) The net weight of the contents of the package, lot or parcel, provided that all commercial feeding stuffs shall be sold in packages, lots or parcels of fifty pounds net weight, one hundred pounds net weight, or two hundred pounds net weight; (b) The name, brand or trade mark; (c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market; * * *. *** That for the purpose of this act an article shall also de-be deemed misbranded. * * * In case of foods:

Act 190, 1909, p. 237
Sec. 5
"Misbranded"

fined

Act 152, 1909, p. 292
Sec. 27

3rd. If in package form and the contents are stated in terms of weight or measure, they are not plainly or correctly stated on the outside of the package.

That a standard of measure for oysters is hereby established Standard measure for which said measure shall consist of a tub or other round vessel of the following dimensions to-wit: It shall measure seventeen

oysters

inches, in diameter inside at the bottom and twenty-one and onehalf inches inside at the top, and fourteen and one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of an inverted frustrum of a cone. Two of these measures filled to the top shall make one barrel and all oysters bought and sold in this State in the shell shall be measured in a measure of these dimensions or measure holding a fraction or multiple thereof, and it shall be unlawful for any person to have in his possession any measure for oysters in the shell which shall differ in capacity from the measure herein provided for or to demand or require a greater or less measure in buying or selling; and no vessel or measure shall be used in buying or selling oysters until it has been measured and stamped by a deputy commissioner, with a metal tag or stamp, showing quantity of oysters such measure will hold. It shall be the duty of the deputy oyster commissioners to make such measurements and to visit for that purpose each place where oysters are bought and sold as required during the canning season and there shall be kept in the "Oyster Measure Record" herein provided for, the dimensions of all vessels so measured. The chief deputy commissioner shall keep a book to be known as the "Oyster Measure Record" in which he shall register the names of each person, firm or corporation to whom he has issued such stamp, and the date of issuance; and said record shall be open for the inspection of the public during each business day from the hour of eight o'clock in the morning to the hour of six o'clock in the evening, during which time the office of the Commission must be kept open for the transaction of business. For every false or fraudulent issuance of said stamp, or for every stamp issued without a record thereof being kept in the "Oyster Measure Record," the chief deputy commissioner shall be guilty of a misdemeanor and shall, on conviction, be filed [fined] the sum of fifty dollars, one-half of which shall be paid to the person or persons informing on the said chief deputy commissioner, and the other one-half shall be paid into the oyster protection fund.

The owner or operator of each coal mine at which the miners are paid by weight shall provide such mines with suitable scales, of standard make, for the weighing of all coal, when contracted for to be weighed.

All coal mined in this state contracted for payment by the ton or other weight, shall be weighed, and the full weight thereof shall be credited to the miner of such coal and two thousand pounds of coal shall constitute a ton.

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Mine owner to pro

vide scales

Sec. 1009 2,000 pounds to ton

Coal to be weighed;

Check weighman

In all mines the miners employed and working therein may Sec. 1010 furnish a check weighman, who shall at proper times have full access and examination of such scales and seeing all measures and

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