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Revised Codes 1935, Vol. 2, Political Code, Ch. 2554 “State Liquor Control Act of Montana"

Page Sec. 2815.67 Liquor packages: Board to determine the

nature, form and capacity of 1939 Supplement to the Revised Codes 1935, Political

Code, Ch. 272A—"Uniform Drug Act,” Narcotics Sec. 3202.23 Marking requirements

571 3202.37 Enforcement

572 3202.38 Penalties for violations

572 Revised Codes 1935, Vol. 2, Political Code, Ch. 302–

Mine Scales Sec. 3450 Coal mine inspector: Powers and duties.--- 572 3454 Same: Ex-officio sealer of weights and meas

572 8455 Same: Standard test weights to be furnished 572 3487 Weighman; checkweighman; oath; penalty

against weigher for violations; penalty
against owner or operator for hindering
employment of or discharge of duty by
checkweighman

572 3488 Use of false scales forbidden

572 3545 Penalties for violations

572 Revised Codes 1935, Vol. 2, Political Code, Ch. 303—

Coal
Sec. 3546.3 Sale of full weight required

573 3546.4 Inspection of books

573 3546.5 Penalty for violations; revocation of license 573 3546.6 Enforcement

573 Revised Codes 1935, Vol. 2, Political Code, Ch. 306–

Containers for Farm Products Sec. 3561 Department of agriculture to establish standards

573 3633.5 Marking requirements

573 3633.7 Enforcement

573 3633.8 Rules and regulations

573 3633.10 Penalty for mislabeling containers

573 Revised Codes 1935, Vol. 2, Political Code, Ch. 306_

Milk and Cream Sec. 3572.1 Deceit in grade, measure or test unlawful 573 3572.2 Penalty for violation of preceding section; revocation of license

574 Revised Codes 1935, Vol. 2, Political Code, Ch. 306

Weighing of Grain Sec. 3573 Enforcement

574 3576 Appointment of chief inspector of grain, weighers, etc.

574 3577 Misconduct of weighers, etc.; penalty 574 3578 Designation of inspection points

574 3580 Deputy inspectors; appointment during

grain-marketing season; investigation of
weighing and dockage

574
3581 Fees for inspection and weighing; lien 574
3582 Records of weighing and grading; certificate
of weight

574 3583 Removal of inspectors, samplers or weighers upon proper complaint

574 3592

Inspecting grain cars at destination; license

required for grain weighers; penalty for
weighing without license

575 Revised Codes 1935, Vol. 2, Political Code, Ch. 306–

Scale Inspection
Sec. 3575.2 Scale inspection service; fees

575
3575.3 Bills and accounts of state sealer of weights
and measures and his deputies

575 3575.8 Scale testing equipment transferred to department of agriculture

575

Revised Codes 1935, Vol. 2, Political Code, Ch. 309-
Erection of Scales on Railroad Platforms

Page Sec. 3797 Enforcement

575 3825 Erection of scales

575 3826 Penalty for violations

575 Revised Codes 1935, Vol. 2, Political Code, Ch. 313—

Public Utilities
Sec. 3890 Commercial units of product or service; rules

and regulations for testing; inspection of
appliances; fees

- 576 Revised Codes 1935, Vol. 2, Political Code, Ch. 314

Petroleum Products Sec. 3913.1 Dealers license

576 3913.20 Inspection and classification of measuring devices

576 3913.24 Penalty for violations

576 Revised Codes 1935, Vol. 2, Political Code, Ch. 327—

Commercial Fertilizer Sec. 4208.1 Definition

576 4208.2 Marking requirements

576 4208.3 Marking requirements for unmixed fertilizer

- 576 4208.11 Penalties for violations

577 Revised Codes 1935, Vol. 2, Political Code, Ch. 331–

Containers for Apples Sec. 4265.2 Marking requirements

577 4265.4 Standard apple box

577 4265.5 Short boxes to be marked

577 4265.6 Penalty for violation of act

577 Revised Codes 1935, Vol. 2, Political Code, Ch. 332—

Standard Weight of Bread Sec. 4273 Weight requirements for sale of bread 577 4274 Definitions; conditions under which bread

577 4276 Penalty for violations

577 Revised Codes 1935, Vol. 3, Civil Code, Ch. 81–Meas

urement of Water Sec. 7107 Cubic foot

578 7108 Miner's inch

578 7132 Statutory inch

578 Laws 1941, Ch. 35—Mustard Seeds Sec. 1 Standard classes

578 3 Test weights per bushel

578 6

Enforcement; rules and regulations; fees for
weighing

578
7
Penalty for violations

578 Laws 1943, Ch. 228—Commercial Feeds Sec. 1 Definition

578 2 Marking requirements

578 4 Bulk sales

579 9 Offenses and penalties

579 10 Enforcement

579 Laws 1947, Ch. 263—Economic Poisons Sec. 2 Definitions

579 3 Prohibited acts

579 6 Enforcement

579 8 Penalties for violations

580 9 Seizures

580

may be sold

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Revised Codes 1935, Vol. 5, Penal Code, Ch. 43—False

Measuring Devices for Gas, Water, or Electricity

Pago

Laws 1949, Ch. 138—"Oleomargarine Law”-Continued

Page Sec. 18 General penalty

581 19 Rules and regulations

581 20 Construction of act

581 Revised Codes 1935, Vol. 5, Penal Code, Ch. 1-Mis

demeanors Sec. 10725 Punishment for misdemeanor when not otherwise prescribed

581 Revised Codes 1935, Vol. 5, Penal Code, Ch. 36%

Fraudulent Increase of Weight
Sec. 11240 Putting extraneous substances in packages

of goods usually sold by weight to in-
crease weight; penalty

581

Sec. 11387 Use of false measuring devices; altering measurement; penalty

581 Revised Codes 1935, Vol. 5, Penal Code, Ch. 47-False

Weights and Measures
Sec. 11428 False weight and measure defined

581 11429 Using false weights or measures; penalty

581 11430 Stamping false weight, etc., on casks and packages; penalty

581 11431 Weight by ton or pound; penalty

581

Revised Codes 1935, Vol. 2, Political Code, Ch. 330—

Weights and Measures. Sec. 4212. Standards; tolerances and specifications; penalty.

The weights and measures accepted and used by the bureau of standards of the United States at the present time, except as hereinafter provided, are the lawful standard weights and measures of the state. The state sealer of weights and measures may establish tolerances and specifications for commercial weighing and measuring apparatus similar to the tolerances and specifications recommended by such bureau of standards. Any person violating such standards, tolerances or specifications shall be guilty of a misdemeanor.[1895; last amended 1945.)

1 See Sec. 10725, page 581, punishment for misdemeanor. Also see Sec. 4234, page 563. Sec. 4213. Unit of extension.

The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid, are derived and ascertained. (1895) Sec. 4214. Division of the yard.

The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches; for measures of cloths and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths. (1895) Sec. 4215. Rod, mile, and chain.

The rod, pole, or perch contains five and a half yards, and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twenty-two yards long, and divided into one hundred equal parts, called links. (1895) Sec. 4216. Acre.

The acre for land measure must be measured horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. (1895)

Sec. 4217. Unit of weights.

The standard avoirdupois and troy weights are the units of standards of weight from which all other weights are derived and ascertained. (1895) Sec. 4218. Division of pound; hundred-weight; ton.

The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, is divided into sixteen equal parts, called ounces; the hundred-weight consists of one hundred avoirdupois pounds and twenty hundred-weight constitute a ton. The troy ounce is equal to the twelfth part of the troy pound. (1895) Sec. 4219. Unit of liquid measure.

The standard gallon and its parts are the units or standards of measure of capacity for liquids, from which all other measures of liquids are derived and ascertained. (1895) Sec. 4220. Barrel and hogshead.

The barrel is equal to thirty-one and a half gallons, and two barrels constitute a hogshead. (1895) Sec. 4221. Unit of dry measure.

The standard half-bushel is the unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances are derived and ascertained. [1895] Sec. 4222. Division of the half-bushel.

The peck, half-peck, quarter-peck, quart, and pint measure for measuring commodities other than liquid are derived from the half-bushel by successively dividing that measure by two. (1895) Sec. 4223. Division of capacity for commodities sold by heap

measure.

The measures of capacity for charcoal, ashes, marl, manure, Indian corn in the ear, fruit, and roots of every kind, and for all other commodities commonly sold by heap measure, are the halfbushel and its multiples and subdivision; and the measures used to measure such commodities must

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Revised Codes 1935, Vol. 2, Political Code, Ch. 330—

Weights and Measures—Continued. be made cylindrical, with plane and even bottom, and must be of the following diameters from outside to outside: The bushel, nineteen and a half inches; half-bushel, fifteen and a half inches; and the peck, twelve and a third inches. [1895)

(] Sec. 4224. Heap measure.

All commodities sold by heap measure must be duly heaped up in the form of a cone; the outside of the measure, by which the same are measured, to be the limit of the case of the cone, and said cone to be as high as the article will admit. (1895) Sec. 4225. Contracts construed.

Contracts made within this state for work to be done, or for anything to be sold or delivered by weight or measure, must be construed according to the foregoing standards. [1895) Sec. 4226. Standard ton and bushel.

The standard ton consists of twenty hundred pounds, but a ton of mineral coal is expressed by the conventional quantity of twenty-six and onethird bushels of seventy-six pounds each. A bushel of the articles hereinafter named consists of the number of pounds affixed to each:

Pounds Alfalfa

60 Apples

50 Apples, dried

28 Barley

48 Beans

60 Beans, White Runner Pole

50 Beans, Broad Windsor

47 Beans, Lima

55 Blue Grass Seed

14 Bran

20
Beets

60
Buckwheat
Broom Corn Seed

30
Bromus Inermis

14 Corn, Shelled

56 Corn, Sweet

48 Corn, in the ear

70 Clover Seed

60 Coal, Stone

80 Chestnuts

50 Cucumbers

48 Carrots

45 Cranberries

36 Flaxseed

56 Hempseed

50 Hickory Nuts

50 Hungarian Grass Seed

48 Lime

80 Millet

50 Mustard Seed

56 Oats

32 Onions

52 Onion, Bottom Sets

32 Onion, Top Sets

28 Orchard Grass Seed

14 Potatoes, Sweet

46 Potatoes, Irish

60 Peas

60 Peanuts

22 Peaches, dried

28

Pears
Parsnips
Plastering Hair, Unwashed
Plastering Hair, Washed
Rye

56
Rapeseed

50 Rutabagas

52 Rhubarb

50 Salt

80 Speltz

40 Sorghum Seed

57 Turnips

60 Timothy Seed

45 Tomatoes

50 Wheat

60 Walnuts

50 (1895; last amended 1945.] Sec. 4227. Penalty for demanding, exacting or taking more

than the prescribed number of pounds per bushel or per ton.

Any person, persons, company, or corporation who shall demand, exact, or take more than the prescribed number of pounds per bushel or per ton as fixed by the provisions of the preceding section, shall be guilty of a misdeameanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than three nor more than six months, or by both such fine and imprisonment, in the discretion of the court. (1895; last amended 1921.) Sec. 4228. Measurement of hay in the stack.

Hereafter unless otherwise agreed to between the contracting parties, the following shall constitute the legal measurement for hay in stack in the state of Montana: Four hundred twenty-two cubic feet shall constitute a ton of clean, native, blue joint hay, after thirty days and up to three months settlement in stack; when the same shall have been in stack three months, or over, three hundred and forty cubic feet shall be considered a ton. Five hundred twelve cubic feet shall constitute a ton of alfalfa or rough slough grass, after the same shall have been in the stack thirty days or more and up to one year. Four hundred and fifty cubic feet shall constitute a ton of clean timothy and clover, after the same shall have been in the stack thirty days or more and up to one year. As to all other kinds of hay, five hundred and twelve cubic feet shall constitute a ton after the same shall have been in the stack sixty days or more and up to one year. For making measurements of hay in stack, the following is hereby made the legal method of measurement, to-wit: The width and length of the stack shall be measured, and the distance from the ground against one side of the stack, to the ground against the other side of the stack, directly over and opposite, shall be taken in linear feet and inches, and then the width shall be subtracted from the measurement over the stack, as above indicated, the result divided by two, and the result so obtained multiplied by the width, and the result thus

52

at least once a year, test all scales, weights and measures used in checking the receipts or disbursements of supplies of every state institution, and shall report in writing his findings to the executive officer of the institution concerned. The state sealer of weights and measures shall prepare

prepare a certificate of suitable size which shall be issued to the owner or person in charge after inspection, and a proper seal to be attached or affixed to all weights and measures or measuring devices so tested. Said certificates and seals shall bear the signature of the state sealer of weights and measures, or shall be signed by a deputy sealer of weights and measures. Such certificate shall be numbered in consecutive order, and shall show the date of issuance. It shall be unlawful for any person to deface, mutilate, obscure, conceal, efface, cancel or remove any such certificate, or any seal, stamp or mark provided for by this act (Secs. 4235–4264.2], or cause or permit the same to be done, or to violate any of the provisions of this act, without the written consent of the state sealer of weights or that of the deputy who inspected the weighing device. [1911; last amended 1949.]

obtained multiplied by the length, which will give the number of cubic feet contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this act for a ton. (1907; last amended 1921.] Sec. 4234. Penalties for using, marking or stamping false weights and measures.

The penalties for using, marking, or stamping false weights and measures, or selling therewith, is provided for in sections 11428 to 114311 of the penal code. (1895)

1 See page 581. Sec. 4235. State sealer of weights and measures; deputies; bond.

The commissioner of agriculture is hereby declared to be and is the ex officio state sealer of weights and measures. He shall appoint as many deputy sealers of weights and measures as he may deem necessary, subject to existing laws. Each such deputy shall give a bond to the state of Montana in the sum of one thousand dollars ($1,000.00) conditioned upon the faithful performance of his duties. [1911; last amended 1939.] Sec. 4236. Same: Powers and duties.

Said state sealer of weights and measures shall have general supervision over the weights and measures of the state. He shall take charge of the standards of weights and measures and shall procure at the expense of the state any weights and measures that may be necessary, and shall cause them to be kept and in no case removed from a fire-proof vault, except for the purpose of certification and repairs. . He shall maintain said standards in good order and shall submit them once in ten years (10) to the national bureau of standards for certification. (1911; last amended 1939.] Sec. 4237. Same: Authority to perform acts authorized.

The state sealer of weights and measures shall be authorized to perform any and all acts by this act (Secs 4233–4264.2] authorized. [1911; last amended 1939.] Sec. 4238. Same: Duties and powers; deputies.

The state sealer shall prescribe and adopt such rules and regulations for the installation of heavy duty scales as he may deem necessary to carry out the provisions of this chapter, and he may change or modify or amend any or all rules whenever deemed necessary. Said state sealer of weights and measures, or his deputies, shall visit the various counties, cities and towns in the state, and in the performance of his duties, he, or his deputies, shall inspect weights and measures and balances which are used for buying or selling goods, wares, merchandise, or other commodities, and for public weighing, and shall test or calibrate weights and measures, weighing devices or apparatus used as test standards in the state. He, or his deputies, shall,

Sec. 4240. Use of weights and measures before testing; sealing; penalty.

From and after the passage and approval of this act (Secs. 4235–4264.2, it shall be unlawful for any person or persons, firm, or co-partnership, corporation, or association of persons engaged in the trade of buying or selling, purchasing or disposing of, or dealing in any merchandise or commodities to any person, or persons, in the state of Montana, to sell or purchase by weight or by measure, without first having had the weights and measures, scales or measuring devices used by them, or in their possession, for the purpose of determining the amount or quantity of any article or articles of merchandise, tested and a seal attached thereto by the state sealer of weights and measures, or by his deputies. Such seal shall be attached or placed in a conspicuous place upon such weighing or measuring device. Any person or persons making use of weighing devices subject to this act must report to the sealer of weights and measures or his deputies, in writing, the number and location of said weighing device and must promptly report the installation of any new weighing device. Any person or persons using any weight or measure, or scale or other measuring device after the passage and approval of this act, or annually thereafter, which has not been tested as provided by this act, shall, upon conviction thereof, be deemed guilty of a misdemeanor. [1911; last amended 1939.]

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4241. Weights and measures adjusted annually.

Every person or persons, firm, co-partnership or corporation engaged in the trade of buying and selling, or as a public weigher or user of weights Revised Codes 1935, Vol. 2, Political Code, Ch. 330

Weights and Measures—Continued. and measures shall, at least once each year, have his weights, measures, balances and scales adjusted and sealed. [1911; last amended 1939.] Sec. 4242. State sealers and deputies to enter and devices

annually; drivers of vehicle to show weight ticket on demand.

At least once each year, the state sealer of weights and measures, or his deputies, shall visit the places of business and enter upon the carts, wagons or vehicles then in use for the business of all persons engaged in the trade of buying and selling or selling, who have weights, measures, or balances which have not been sealed during the current year, and try, adjust and seal the same. All drivers of vehicles used in transporting any commodity which has been weighed shall, upon demand of the sealer of weights and measures, or his deputies, exhibit for examination the weigh ticket or bill of the commodity weighed or transported, showing the weight thereof. [1911; last amended 1939.] Sec. 4243. Testing and sealing of measuring and computing devices.

The state sealer of weights and measures, or his deputies shall have power to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of any kind, instruments or mechanical devices for measurement, and the tools, appliances, or accessories connected with any and all of such instruments or measurements, used, kept for use, sold, offered for sale, or kept for sale, or employed within the state by a proprietor, agent, lessee or employee in determining the size, quantity, extent, area or measurement of quantities, things, produce, articles for distribution or consumption, offered or submitted by such persons for sale, hire, or award. Provided also, that the state sealer of weights and measures, or his deputies, shall at least once a year and as often as may be deemed necessary, try and prove all computing scales and other devices having a device for indicating or registering the price as well as the weight of the commodity offered for sale. Computing devices, which may be used by any person at any place within this state, shall be tested as to the correctness of both weight and arithmetical values indicated by them. [1911; last amended 1939.] Sec. 4244. Packages or amounts of commodities subject to

testing; wagon scales to be tested; police powers of sealers and deputies.

The sealer of weights and measures, or his deputies, shall at irregular intervals examine all commodities sold and offered for sale and test them for correct weight, measure or count. And he, or his deputies, shall have the power to and shall, from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale, or sold, or in the process of delivery, in order to determine

whether the same contain the quantity or amount represented and whether they are being offered for sale or sold in accordance with law and may seize for use as evidence any such amounts of commodities or package or packages which shall be found to contain a less amount than that represented. He, or his deputies, shall, for the purposes above mentioned, and in the general performance of their official duties, enter or go into or upon, with or without formal warrant, any stand, place, building, or premises, or may stop any vendor, peddler, junk dealer, coal wagon, ice wagon, or any dealer whatsoever and require him, if necessary, to proceed to some place specified by the sealer of weights and measures, or his deputies, for the purpose of making the proper tests; and in the exercise of such duties they shall have full police power to enforce any and all reasonable measures for testing such weights and measures, and also in ascertaining whether false or short weights and measures are being given in any sales or transfer of articles or merchandise taking place within the state. Whenever the state sealer of weights and measures, or his deputies, have reason to believe that any person or persons or corporation is violating the provisions of this act [Secs. 4235–4264.2], or any act relating to weights and measures, they shall submit the evidence to the properly constituted authority in the county in which such violation occurs, who shall thereupon prosecute the persons alleged to have violated the provisions of this act, or any act relating to weights and measures, or such evidence may be submitted direct to the attorney general of the state, who shall have authority to prosecute such persons in the proper county. [1911; last amended

1939.)

Sec. 4245. Track scales; power to condemn; penalty for wilful short weighing or measuring.

(a) All track scales used for the purpose of weighing freight in carload lots within the state shall be under the control and direction and jurisdiction of the state sealer of weights and measures, and subject to inspection by him, or his deputies.

(b) The state sealer of weights and measures, or his deputies, shall have power either on their own motion or on complaint being made, to determine whether any scales are defective or inefficient, or whether the time, manner, or method of using same is unreasonable, ineffective, or unjust, and shall have power to condemn any scale found to be defective or inefficient, and prohibit the use of the same while in that condition, and to render such decision and to make such order, rule, or regulation as may be deemed necessary or advisable. No scale platform shall be allowed to extend over the manufacturer's specifications.

(c) Any person or persons who shall sell, or direct or permit any person or persons in his or their employ to sell any commodity or article of merchandise and make or give any false or short weight or measure, or any person or persons owning or

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