Revised Codes 1935, Vol. 2, Political Code, Ch. 330Weights 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.1 [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

Sec. 4227. Penalty for demanding, exacting or taking mor than the prescribed number of pounds per bushel or per to Any person, persons, company, or corporation who shall demand, exact, or take more than th prescribed number of pounds per bushel or pe ton as fixed by the provisions of the preceding se tion, shall be guilty of a misdeameanor, and, upo conviction thereof, shall be punished by a fine not less than one hundred dollars nor more tha five hundred dollars, or by imprisonment in th county jail not less than three nor more than si months, or by both such fine and imprisonmen in the discretion of the court. [1895; last amende 1921.]

Sec. 4228. Measurement of hay in the stack.

Hereafter unless otherwise agreed to between th contracting parties, the following shall constitu the legal measurement for hay in stack in the sta of Montana: Four hundred twenty-two cubic fe shall constitute a ton of clean, native, blue joi hay, after thirty days and up to three months se tlement in stack; when the same shall have bee in stack three months, or over, three hundred an forty cubic feet shall be considered a ton. Five hu dred twelve cubic feet shall constitute a ton alfalfa or rough slough grass, after the same sha have been in the stack thirty days or more and u to one year. Four hundred and fifty cubic feet sha constitute a ton of clean timothy and clover, aft the same shall have been in the stack thirty da or more and up to one year. As to all other kin of hay, five hundred and twelve cubic feet sha constitute a ton after the same shall have been the stack sixty days or more and up to one yea For making measurements of hay in stack, the fo lowing is hereby made the legal method of mea urement, to-wit: The width and length of the sta shall be measured, and the distance from t ground against one side of the stack, to the groun against the other side of the stack, directly over a opposite, shall be taken in linear feet and inch and then the width shall be subtracted from t measurement over the stack, as above indicate the result divided by two, and the result so o tained multiplied by the width, and the result th

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 4235-4264.2] 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,

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 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.]

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.1 [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 test 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. When ever the state sealer of weights and measures, or hi deputies, have reason to believe that any person of persons or corporation is violating the provision of this act [Secs. 4235-4264.2], or any act relating to weights and measures, they shall submit the evi dence to the properly constituted authority in the county in which such violation occurs, who shal thereupon prosecute the persons alleged to hav violated the provisions of this act, or any act relat ing 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 wilfu short weighing or measuring.

(a) All track scales used for the purpose o weighing freight in carload lots within the stat shall be under the control and direction and juris diction 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, his deputies, shall have power either on their ow motion or on complaint being made, to determin whether any scales are defective or inefficient, o whether the time, manner, or method of using sam is unreasonable, ineffective, or unjust, and sha have power to condemn any scale found to be d fective or inefficient, and prohibit the use of th same while in that condition, and to render suc decision and to make such order, rule, or regula tion as may be deemed necessary or advisable. N scale platform shall be allowed to extend over th manufacturer's specifications.

(c) Any person or persons who shall sell, or d rect or permit any person or persons in his or the employ to sell any commodity or article of me chandise and make or give any false or short weigh or measure, or any person or persons owning