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HAWAII

(1866, 1903) Rev. Laws, 1905, p.

Sec. 2687

Standard weights and

measures and testing

measures of the coun

It shall be the duty of the Superintendent of public works to procure a standard set of weights and measures; and he shall 1013 annually (or oftener in his discretion) cause all beams, weights and measures in this Territory, used by persons selling any goods, of the weights and wares, merchandise, fruits, vegetables or other commodity, to be try tested, at the place where used, by such standard weights or measures, and to seal such as shall be found true with the capital letters T. H. He shall in like manner cause to be tested all Stamping beams, weights and measures which shall be brought to him to be tested.

in 1898

Sec. 2688, as amended
Fees

The charge for testing any beam, weight or measure, shall be as follows: For sealing and marking every beam, fifty cents; for sealing and marking every measure of extension, twenty-five cents; for sealing and marking every weight, ten cents; for sealing and marking every liquid or dry measure, ten cents; and a reasonable compensation for making such weights and measures conform to the standard: Provided, however, that no charge shall be made for more than two inspections of the same beam, weight or measure, in one year. All fees collected under this Section shall be paid into the Treasury as Government Realizations. The standards of weights and measures shall be those adopted, standard weights and now used, or that may be adopted and used by the United and measures to be States of America.

Sec. 2689

those of the United States

Sec. 2690

Standard weight of

grains

Whenever any wheat, rye, Indian corn, barley or oats, shall be sold by the bushel, and no special agreement as to the measure- the bushel of certain ment shall be made by the parties, the bushel shall consist of sixty pounds of wheat, of fifty-six pounds of rye, of fifty-six pounds of Indian corn, of forty-eight pounds of barley, and of thirty-two pounds of oats.

If any person shall sell any goods, wares, or merchandise, fruit, vegetables, or other commodity whatsoever by any beams, weights, or measures, that have not been duly sealed, he shall be fined for each offense a sum not exceeding fifty dollars; and any person who shall be injured or defrauded by the use of any such beams, weights, or measures, may maintain an action against the offender; 8578°-12-7

97

Se

Sec. 2691
Penalty for selling

by unsealed weights,

measures, or balances

Sec. 2692

Penalty for altering balances

Rev. Laws, 1905, ch.

199, p. 1103 Sec. 3021

ure

and if judgment be rendered for the plaintiff, he shall recover double damages, and the costs of suit.

Any person who shall wilfully and fraudulently change any beam, weight or measure after the same shall have been tested and sealed, shall be liable on conviction, to pay a fine not to exceed Fifty Dollars for each such offense.

Whoever, in the sale or purchase of any merchandise or other False weight or meas. property, shall use any false weight or measure; or cheat another by the fraudulent use of any legal weight or measure; as for example, by dexterously sliding a yard stick, or by putting some other thing into a measure partly to fill the same, even though the vendee and vendor be present, is guilty of a gross cheat.

IDAHO

1

686

(1905-1907)

Sec. 1541

weasures

The Dairy Food and Oil Commissioner shall be ex-officio Rev. Codes, 1908, p. inspector and sealer of weights and measures and shall have the care and custody of the authorized public standards of weights Sealer of weights and and measures. He shall as often as may be necessary prove by such standard all weights and measures, scales and beams, which may be in the possession of any person, persons, firm or corporation doing business within the state, and shall seal such, when found to be accurate, by stamping on them the letter "I", which seal he shall have and keep for that purpose. He is hereby empowered to enter, during business hours, into any place of business or other places where such scales, beams or measures are kept or are being used, for the purpose of inspecting and testing the same. The State inspector and sealer of weights and measures shall receive no compensation for his services, but shall be allowed actual and necessary expenses while in the performance of his duties.

(1905) Sec. 1542

The standard of weights and measures of this state shall agree exactly with the standards recognized and furnished by the United Standards of weights States, unless otherwise provided for in this chapter and shall, for and measures the purpose of security and verification, be kept in the custody of

the State sealer and inspector of weights and measures.
The standard gallon contains 231 cubic inches.
The standard quart contains 57.75 cubic inches.

The standard pint contains 28.875 cubic inches.

Sec. 1543

Units of measurement

The standard gill contains 7.21375 cubic inches. The standard barrel contains 31.50 gallons. The standard hogshead contains 63 gallons. Beer and milk measures shall contain the following capacities: Beer and milk measThe gallon shall contain 282 cubic inches; the half gallon shall contain 141 cubic inches, and the quart one-half as much, and the pint one-half as much as the quart.

The hundred weight shall consist of 100 pounds and twenty such weights are a ton. A box or packet of apples shall contain 2150.42 cubic inches.

Any person, persons, firm or corporation who shall use any scales, beam, weight or measure falsely, or who shall mark or

1 Office abolished and duties imposed upon the dairy, food, and sanitary inspector under the state board of health. (Sess. Laws, 1909, p. 232.)

ure

Hundred weight
Box of apples

Ton

Sec. 1544

Penalty

232

(1883)

Sec. 1545

Perch of masonry
Rev. Codes, 1908

(1905)

Sec. 1118, as amended

Salary

spector

stamp false weight or measure on any container, package or cask, or who shall sell, offer for sale, or have in his possession for sale any article which does not conform to the United States standard, or the standards designated in this chapter, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not to exceed three hundred dollars, nor less than twenty-five dollars for each offense, or imprisoned in the county jail not exceeding ninety days, nor less than thirty days.

The perch is the standard of measurement of stone masonry and contains sixteen and one-half solid feet.

The State Board of Health shall appoint a dairy, food and saniby Sess. Laws, 1909, p. tary inspector, who shall hold office for a term of two (2) years and State Board of Health Who shall receive a salary of not to exceed fifteen hundred dollars to appoint a dairy, food ($1500.00) per annum and actual and necessary expenses to be paid monthly from any fund in the State Treasury appropriation therefor, and the said inspector shall give a good and sufficient bond in the sum of five thousand dollars ($5000.00) for the faithful performance of his duty, said inspector shall act under the direction of the state board of health. The State board of health Temporary deputy in- may in cases of necessity appoint temporary deputy inspector, who shall receive not to exceed four dollars ($4.00) per day and expenses from any funds appropriated to the State board of health. Every person or corporation who shall engage in the by Sess. Laws, 1909. P. business of purchasing or dealing in milk shall attach in a perMilk cans to have tag manent manner to each can furnished by him or the producer, a tag containing in plain figures a correct statement of the capacity thereof. Any neglect or failure or false statement on the part of the proprietor or manager of such creamery, cheese factory, dairy or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof the person guilty shall be punished as provided in Section 1149: * * *

235

(1905) Sec. 1146, as amended

showing capacity

Violation
Punishment

Rev. Codes, 1908, p. 552

Sec. 1149 Violations

Penalty

Violations

Penalty

* * *

Any person, manufacturer, producer, or dealer who refuses to comply, upon demand, with the requirements of the preceding section, or who shall obstruct the Dairy, Food and Oil commissioner in the performance of his duties under this chapter, or whoever violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars, or imprisoned not exceeding ninety nor less than thirty days, or both. Any person found guilty of manufacturing or offering for sale, or selling, any adulterated, impure, or misbranded article of food, drink or illuminating oil, in violation of the provisions of this chapter shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated or misbranded

Proceeds from confiscated articles;

articles, which said person may have been found guilty of manu-
facturing, selling or offering for sale. And in addition thereto,
such adulterated, impure, or misbranded article, or articles, shall
be confiscated and upon the order of any court of competent juris-
diction, the Commissioner shall destroy the same; Provided, That -disposition of
in case the legal disability which exists against such article, or
articles, is one which can be removed by proper labeling, the Com-
missioner shall sell the same and pay the proceeds into the State
Treasury, where they shall be placed to the credit of the dairy,
food and oil fund.

Rev. Codes, 1908, vol.
Sec. 7105

measures

Selling by

A false weight or measure is one which does not conform to the (1887) standard established by the laws of the United States of America. 2, p. 644 Any person who knowingly sells any goods, wares or merchan-False weights and dise, or any valuable thing, by false weight or measure, or know- Sec. 7106 ingly uses false measures at any mill in taking toll for grinding corn, wheat, rye, or other grain, is guilty of a misdemeanor. Every person who uses any weights or measures, knowing it to be false, by which another is defrauded or otherwise injured, is guilty of a misdemeanor.

Using false weights

Sec. 7107 or measures

Sec. 7108

Stamping false

Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or know-weight on packages ingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor.

Sec. 7109

In all sales of coal, hay, and other commodities, usually sold by weight by ton or the ton or fractional part thereof, the seller must give to the pur-pound chaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdu-Full weight must be pois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound. Any person violating this section is guilty of a misdemeanor.

given

Sec. 7110

ores

Every person, association or corporation, or the agent of any per- Fraudulent scales for son, association or corporation, engaged in the business of milling, weighing or assaying sampling, concentrating, reducing, shipping or purchasing ores, who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending is guilty of a misdemeanor, and is punishable by a fine in any sum not exceeding one thousand dollars, or by imprisonment in the county jail for a term of not more than one year, nor less than one month, or by both such fine and imprisonment.

Sec.

Every person, corporation or association, or the agent of any Sudulent alteration person, corporation or association, engaged in milling, sampling, of value of ores concentrating, reducing, shipping or purchasing ores in this State, who in any manner knowingly alters or changes the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully

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