Revised Statutes 1944, Vol. I, Title 4, Ch. 27-Commercial Feeding Stuffs, Commercial Fertilizers, Food, Insecticides and Fungicides-Continued.

Sec. 167. Cancellation of registrations.

He [the commissioner of agriculture] may also cancel the registration of any feeding stuff, commercial fertilizer, fungicide, or insecticide that he deems to be manufactured, sold, distributed, transported, offered or exposed for sale, distribution, or transportation in violation of any of the provisions of this chapter [Secs. 1-248]. [1911]

Sec. 169. Definition of misbranded commodities.

The term "misbranded" as used herein, shall apply to all articles of commercial feed

food,

ing stuff, commercial fertilizer, fungicide, and insecticide, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, or which is falsely branded in any particular.

For the purpose of this chapter [Secs. 1-248] an article shall also be deemed to be misbranded:

II. In case of commercial feeding stuff: A. If any package fails to bear all of the statements required by section 160.

III. In case of commercial fertilizer:

A. If any package fail to bear all the statements required by section 162.

VI. In case of fungicide and insecticide:

A. If any lot or package fail to bear all the statements required by section 165. [1911]

Sec. 170. Food in package form; marking requirements.

For the purpose of this chapter [Secs. 1-248] an article of food in package form, if sold at a greater price than five cents, shall also be deemed to be misbranded if the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count; provided, however, that reasonable variations shall be permitted, and tolerances shall be established by rules and regulations made in accordance with the provisions of section 3.1 [1913]

1 Sec. 3 of Ch. 27 provides that the Commissioner of Agriculture shall make uniform rules and regulations for carrying out the provisions of this and other sections of Ch. 27, and also provides that the Commissioner shall publish any information concerning food and other articles as he may deem to be of public benefit.

Sec. 186. Misbranding prohibited; penalty. No person shall misbrand, within the meaning of this chapter [Secs. 1-248], any

or

commercial feeding stuff, commercial fertilizer, food, fungicide, insecticide ⚫ manufacture, sell, distribute, transport, offer or expose for sale, distribution, or transportation, any article of * commercial feeding stuff, commercial fertilizer, food, fungicide, insecticide in violation of any of the provisions of this chapter. Whoever violates said provisions shall be punished by a fine of not more than $100 for the first offense, and by a fine of not more than $200 for each subsequent offense. [1911] Sec. 187. Guaranty protection.

No person shall be prosecuted under the provisions of sections 157 to 186, inclusive. when he can establish proof of purchase, and a guaranty signed by the person residing in the United States, from whom the purchase was made, to the effect that the article in question is not misbranded within the meaning hereof. [1911; last amended 1949.]

Revised Statutes 1944, Vol. I, Title 4, Ch. 27— Packing of Apples.

Sec. 5. Enforcement.

The commissioner [of agriculture] shall diligently enforce all provisions of this chapter [Secs. 1-248] [1911]

Sec. 206. Standard barrel; standard bushel box.

The standard barrel for apples shall contain 7,000 cubic inches; provided, however, that a barrel of the following dimensions when measured without distention of parts: length of stave, 281⁄2 inches; diameter of head, 171 inches; distance between heads, 26 inches; circumference of bulge not less than 64 inches outside measurement, shall be a lawful barrel. The standard bushel box for apples shall contain 2,350 cubic inches; provided, however, that a box 18 inches by 111⁄2 inches by 1011⁄2 inches, inside measurement, without distention of parts, shall be a lawful bushel box. [1913] Sec. 207. Marking requirements; penalty.

Manufacturers of standard barrels and boxes to be used in shipping apples shall mark, in a conspicuous place, on each barrel the words "standard barrel" and on each box the words "standard box." Whoever fails to comply with the provisions of this section shall be punished by a fine of not more than $100. [1915]

Sec. 209. Additional marking requirements.

Every closed package or container of apples. which is packed, sold, distributed, transported, of fered or exposed for sale, distribution, or trans portation in the state by any person shall have af fixed in a conspicuous place on the outside thereof a plainly printed statement clearly and truly stating the size of the package in terms of standard bushel box or standard barrel, [1913; last amended 1949.]

Sec. 210. Misbranded apples not to be packed, sold, etc.

No person shall, within this state, pack, sell, distribute, transport, offer or expose for sale, distribution, or transportation, apples which are adulterated or misbranded within the meaning of section 211. [1913]

Sec. 211. When deemed misbranded.

For the purpose of sections 206 to 215, inclusive, apples packed in a closed package or container or sold at retail in bulk or in an open package or container shall be deemed to be adulterated if their measure, quality, grade, or purity do not conform in each particular to the claims made upon the affixed guaranty, and shall be deemed to be misbranded:

I. If the package or container, whether open or closed, fails to bear all statements required by section 209;

II. If the package or container, whether open or closed, bears any statement, design, or device regarding such article or its contents which shall be false or misleading in any particular, or is falsely branded in any particular. [1913; last amended 1949.]

Sec. 213. Right of entry.

The commissioner [of agriculture], in person or by deputy, shall have free access, ingress, and egress, at all reasonable hours to any place or any building wherein apples are packed, stored, transported, sold, offered or exposed for sale, or for transportation. [1913]

Sec. 214. Penalty for violations.

Whoever adulterates or misbrands apples within the meaning of section 211, or whoever packs, sells, distributes, transports, offers, or exposes for sale, distribution, or transportation apples in violation of any provision of sections 206 to 215, inclusive, shall be punished by fine of not more than $100 for the first offense, and by a fine of not more than $200 for each subsequent offense. [1913]

Sec. 215. Guaranty protection.

No person shall be prosecuted under the provisions of the 9 preceding sections when he can establish a guaranty signed by the person from whom he received any such article, to the effect that the same is not adulterated or misbranded, within the meaning of section 211. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of the 9 preceding sections. [1911]

Ch. 34 of the Revised Statutes 1944-Second Biennial Revision of the Sea and Shore Fisheries Laws.

[ED. NOTE. In the foreword to the Second Biennial Revision of the Sea and Shore Fisheries Law, which revision may be found near the end of the 1949 Laws of Maine, it is stated: The revision of chapter 34 of the revised statutes of 1944 is compiled and issued in accordance with the provisions of Chapter 332 of the public laws of 1947. A new revision of such chapter 34 was passed by the 93rd legislature by Chapter 332 of the public laws of 1947 and was incorporated into the 1st biennial revision of the sea and shore fisheries laws. This 2nd revision retains the same section numbers as those in the 1st revision and all new sections enacted by the public laws of 1949 were given new numbers. *.]

Sec. 2. General supervision.

The commissioner [of sea and shore fisheries] shall have general supervision of the administration and enforcement of the sea and shore fisheries laws under the provisions of this chapter [Ch. 34, Secs. 1-145], except as otherwise provided by law. [1947]

Sec. 35. Size of smoked herring boxes regulated; penalty; exception.

No person, firm or corporation engaged in the state in buying, selling or packing of smoked herring shall sell or offer for sale smoked herring in boxes of less than the following dimensions: 2 inches in depth, 6 inches in width, inside measure, and 12 inches in length, outside measure. Whoever packs, sells or offers for sale smoked herring in boxes in violation of this section shall forfeit 25¢ for each box so packed, sold or offered for sale; but this section does not apply to boxes of boneless herring. [1947]

Sec. 36. Purchase of herring regulated; state sealer of weights and measures to measure and seal holds of boats; fees; penalty.

No person, firm or corporation shall purchase or sell herring in their live or raw state for packing purposes other than by some standard method of measurement, such as by the bushel, barrel of 3 bushels, hogshead of 1712 bushels, or fractional part of said standard method of measurement.

All holds of all boats transporting herring for processing purposes shall be measured and sealed by the state sealer of weights and measures, or his duly authorized agent, and the fees for measuring and sealing shall be paid by the owners of the boats. The measure shall be in 5 hogshead divisions, cut 3% of an inch deep in the hold of the boat. The state sealer of weights and measures shall forthwith certify to the commissioner of sea and shore fisheries the name of the owner of each boat, the name of each boat and the capacity of each boat.

Any person, firm or corporation purchasing herring from a fisherman or his agent shall either pay cash to said fisherman or his agent at the time of purchase or shall furnish to said fisherman or his

Ch. 34 of the Revised Statutes 1944-Second Biennial Revision of the Sea and Shore Fisheries LawsContinued.

agent a written acknowledgment of purchase, containing all information necessary to a complete understanding of the transaction, including the price and quantity and providing for payment not later than 7 days after receipt of said herring, and all payments shall be made in money or in money equivalent.

Any person violating the provisions of this section shall be punished by a fine of not less than $100, nor more than $500, for each offense. [1947; last amended 1949.]

Sec. 92. Size of bait barrels; penalty.

In all contracts relating to the sale of clam, quahog or mussel bait, fresh or salt, by the barrel, and clam, quahog or mussel bait barrels, such barrels shall be 2514 inches long and 151⁄2 inches head diameter, outside measure.

Whoever violates any provision of this section shall be punished by a fine of not more than $50 for each offense. [1947]

Revised Statutes 1944, Vol. I, Title 6, Ch. 46— Water, Gas, and Electricity.

Sec. 23. Meters furnished consumers to be inspected and sealed; testing apparatus.

No corporation, municipality, district, or person shall furnish for use any gas, electric, or water-meter in any city or town, in which there shall be a duly appointed and qualified inspector of meters, unless such meter shall have been first inspected, approved, marked, and sealed by such inspector. Every corporation, municipality, district, or person furnishing gas, water, or electric current to consumers, shall provide and keep in and upon its premises a suitable and proper apparatus, to be approved and stamped by the inspector of meters for such city or town, for testing and proving the accuracy of all water, gas, and electric meters, by which арраratus every meter furnished to a consumer shall be tested. [1909]

Sec. 24. Meter inspectors: Appointment.

The municipal officers of cities and towns may annually appoint an inspector of meters who shall serve for 1 year or until another is qualified in his stead, at such salary as the municipal officers shall determine. The said inspector shall have charge of the inspection of all water, gas, and electric meters furnished for use in the city or town. [1909]

Sec. 25. Same: Duties.

The inspector of meters shall, upon application in writing as provided in the following section, by any consumer of gas, water, or electric current in said city or town, inspect, examine, prove, and ascertain the accuracy of any gas, water, or electric

meter of which complaint is made, and when the said meter shall be found, or made, to be correct, the inspector shall stamp or mark such meter with some suitable device, which device shall be recorded in the office of the clerk of the city or town where he was appointed. [1909]

Sec. 26. Inspection of meters upon request; removal of faulty meter; expenses of inspection.

If any consumer, to whom a meter has been furnished, shall apply in writing to the city or town clerk for the inspection of such meter, and shall deposit with the clerk the fee fixed by the municipal officers for said service, the inspector shall inspect and test said meter and, if said meter on being so tested, shall be found to be incorrect to the extent of 4%, if an electric meter, or 2%, if a gas or water meter, to the prejudice of such consumer, the inspector shall order the corporation, district, municipality, or person furnishing said meter forthwith to remove the same and to install in place thereof a meter which has been tested, approved, marked, and sealed by an inspector of meters; and the inspector shall thereupon give a certificate to the consumer, showing the result of said test. Upon presenting said certificate to the city or town clerk, the consumer shall receive the fee deposited with said clerk; and in such case the corporation, district, municipality, or person shall bear the expense of such inspection and shall pay to the treasurer of the city or town the fee required of the consumer; but such consumer shall not be entitled to recover back in whole or in part from such corporation, municipality, district, or person any sums paid for service prior to the filing of his application for inspection. All fees collected by the city or town clerk or treasurer shall be placed to the credit of the city or town to be used for municipal purposes. [1909]

Revised Statutes 1944, Vol. I, Title 8, Ch. 57—Apple Cider.

Sec. 14. Marking requirements.

The commission [state liquor commission] shall cause each and every container taken from an apple cider processing plant for sale to be labeled, marked or branded as to the quantity contained in it, [1943; last amended 1947.]

Revised Statutes 1944, Vol. I, Title 9, Ch. 62-Narcotic Drugs.

Sec. 43. Marking requirements.

I. Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in leg. ible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. [1941]

Any person violating any provision of sections 34 to 52, inclusive, shall upon conviction be punished, for the 1st offense, by a fine of not more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment; and upon conviction for any subsequent offense, by a fine not exceeding $5,000, or by imprisonment for not more than 5 years, or by both such fine and imprisonment. [1941]

Revised Statutes 1944, Vol. I, Title 10, Ch. 79-Standard of Length in Counties.

Sec. 107. Penalty against surveyor for violation of Sec. 108. Neglect or refusal to comply with the provisions of this section1 shall render such surveyor liable to a penalty of $25 for each neglect, to be recovered on complaint in the county where any survey is made, half to the complainant and half to the county. The provisions of this section shall not apply to such surveys as are made by angles from some fixed, permanent line, or by a solar instrument and independent of the magnetic needle. [1903]

1 See Sec. 108 below which renders surveyor neglecting to comply with the terms of Sec. 108 liable to the penalties and disability set forth in Sec. 107.

Sec. 108.1 Standard of length; construction; public use; comparisons.

The county commissioners at the expense of the several counties shall also erect and forever maintain therein, at such place or places as the public convenience may require, a standard of length of not less than 100 feet, with suitable subdivisions marked thereon. Such standard may consist of stone monuments permanently fixed with metal plates on the tops thereof, properly marked and protected; or of a steel bar of the necessary length properly marked and suitably placed and protected. All such standards shall be made to correspond with the standard of the United States Bureau of Weights and Measures, and shall be provided with proper means for determining the tension of tapes or chains during comparison. They shall be under the care and custody of the clerk of courts, who shall keep a suitable book for the record of comparisons, and they shall be accessible to any person for comparing any tape, chain, or other linear measure. Every surveyor shall before making sur

veys in this state, and at least annually, compare his tape or chain used in such surveys with the standard in the county in which he resides or in which surveys are to be made; and shall record the result in the book provided for that purpose, giving description of such tape or chain, with the difference, if any, between the same and such standard, together with the date and temperature and the tension on such tape or chain at the time of comparison. When such standard shall have been completed in any county, any surveyor residing or making surveys in such county who shall neglect or refuse to comply with the terms of this section, shall be liable to the penalties and disability set forth in section 107.2 [1903]

ment.

*

1 See Sec. 243, page 408; rules and regulations for enforce2 See Sec. 107, this page. Sec. 109. Inspection; reports. When the standard of length is established, repaired or rebuilt in any county, the governor with the advice and consent of the council, shall appoint a competent commissioner, not necessarily a resident of this state, to inspect and verify the same. Such commissioner in case of a standard of length shall give a description of the structure, its location and exact length as determined by comparison with some authentic standard from the United States Bureau of Weights and Measures. All such reports shall be full and accurate and be deposited in the office of the secretary of state, and a certified copy shall be filed and recorded in the office of the clerk of courts in the county where such structure is situated. Such commissioner shall receive from the state such just compensation as the governor and council shall allow. [1903]

Sec. 110. Breaking or altering; penalty.

Whoever wilfully displaces, alters, defaces, breaks, or otherwise injures any of the pillars or points, plates, enclosures, bars, locks, bolts, or any part of the structure of any standard of length

shall forfeit not more than $100, to be recovered by indictment, half to the prosecutor and half to the county, and shall also be liable in an action of debt for the amount necessarily expended in repairing damages caused by his act. [1903]

Revised Statutes 1944, Vol. II, Title 15, Ch. 166— Grist Mills.

Sec. 52. Owners of grist mills to furnish scales; penalty for neglecting or refusing to weigh.

The owner or occupant of every grist mill shall keep scales and weights therein to weigh corn, grain, and meal, when required; and he shall well and sufficiently grind as required, according to the nature, capacity, and condition of his mill, all grain brought to his mill for that purpose, and in the

Revised Statutes 1944, Vol. II, Title 15, Ch. 166— Grist Mills-Continued.

order in which it shall be received; and for neglecting or refusing to weigh the same when required, or failing to grind the same in the order received, or for taking more than lawful toll, he shall be punished by a fine of not less than $10, nor more than $50, for each offense; [1885]

Revised Statutes 1944, Vol. II, Title 13, Ch. 120— False Advertising.

Sec. 29. Unlawful acts; misdemeanor.

Any person, firm, corporation, or association who, with intent to sell or in any wise dispose of merchandise, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other

publication, or in the form of a book, notice, hand bill, poster, bill, circular, label, pamphlet, or lette or in any other way, an advertisement of any so regarding merchandise, service, or anything so o fered to the public, which advertisement contain any assertion, representation, or statement of fac which is untrue, and designed to be deceptive misleading, shall be guilty of a misdemeanor.1

The provisions of this section shall not apply t any radio station, publisher of a newspaper, mag zine, or other publication, or printer, who publish or prints said advertisements without actual know edge of its falsity. The fact of the publishing printing of such advertisement shall not be prim facie evidence of such actual knowledge of falsit [1941]

1 See Sec. 2, Ch. 136, below; punishment for misdemean Revised Statutes 1944, Vol. II, Title 13, Ch. 136 Misdemeanor.

Sec. 2. Punishment when not fixed by statute.

When no punishment is provided by statute, person convicted of an offense shall be punished a fine of not more than $500, or by imprisonme for less than 1 year. [1917]