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keeping, or having charge of any scales or steelyards for the purpose of weighing livestock, hay, grain, coal, or other articles, who shall report any false or untrue weight, whereby any other person or persons may be defrauded or injured, shall be deemed guilty of a misdemeanor,' and shall be answerable to the party defrauded or injured in double damages. [1913; last amended 1945.]

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4246. Package labels; commodities and articles of mer.

chandise; sale by net weight, measure, or count; tolerances; refusal to exhibit for test; standard berry containers; penalties.

It shall be unlawful for any person or persons, association, or corporation, to sell or offer for sale in this state any commodity or article of merchandise in a package or container, without having such package or container labeled in plain, intelligible words and figures, with a correct statement of the net weight, measure, or numerical count of its contents, designated, where not otherwise provided, by lettering of at least 1/9 inch in height (8 point type). Provided, that nothing in this section shall prevent the sale of a commodity within the provisions of this act (Secs. 4235–4264.2] when such sale is made from bulk and the quantity is weighed, measured, or counted for the immediate purpose of such sale; provided, further, that nothing in this section shall apply to commodities or articles of merchandise, except milk and cream, offered for sale or sold in packages or containers at a price of ten cents (10c) or less per such package or to commodities or articles of merchandise in packages or containers which are sold by the aggregate net weight of the contents thereof.

1. It shall be unlawful for any person to sell or offer for sale in this state any commodity or article of merchandise, except by true net weight, measure, or numerical count, except where the parties otherwise agree. Contracts for work done, or anything to be sold by weight or measure, shall be construed according to the standards hereby adopted as the standards of this state, except where the parties have agreed upon any other calculations of measurement, and all statements and representations of any kind referring to the weight or measure of commodities or articles of merchandise shall be understood in the terms of the standards of weights and measures aforesaid. It shall be unlawful for any person to sell solid substances by liquid measure.

2. It shall be unlawful for any person, in buying or selling any commodity or article of merchandise, to make or give false or short weight or measure, or to sell or offer for sale any commodity or article of merchandise less in weight or measure than he represents, or to use a weight, measure, balance or measuring device that is false and does not conform to the authorized standard for determining the quantity of any commodity or article of merchan

dise, or to have a weight, measure, balance, or measuring device adjusted for the purpose of giving false or short weight or measure, or to use in buying or selling of any commodity or article of merchandise a computing scale or device indicating the weight and price of such commodity or article of merchandise, upon which scale or device the graduations or indications are falsely or inaccurately placed, either as to weight or price, or to use any computing scale having a horizontal registering bar with a barrel computing device, unless such scale is adjusted to register the correct weight from all angles of vision, and the view on the customer's side shall never be, in any manner, obstructed. The selling and delivering of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation, or waste that there may be from the time a package or container is filled by a vendor until he sells the same. A slight variation from the stated weight, measure or quantity for individual packages not to exceed three per cent is permissible; provided, that the variation is as often above as below the weight, measure or quantity stated.

Any person, who by himself, or his employee or as a proprietor or manager, shall refuse to exhibit any article, commodity or the container of any commodity, produce or anything being sold or offered for sale at a given weight or quantity, or ordinarily so sold, to the state sealer of weights and measures, or his deputies, for the purpose of allowing the same to be tested and proved as to the quantity contained therein as in this act provided, shall be guilty of a misdemeanor.

The term container used in this act is hereby defined to be ANY receptacle or carton into which a commodity is packed, or any wrappings with which any commodity is wrapped or put up for sale, or to be offered or exposed for sale. No containers, boxes, or baskets wherein food products or other commodities are packed shall have a false bottom, false side walls, false lid or covering, or be otherwise so constructed as to facilitate the perpetration of deception or fraud. The state sealer of weights and measures, or his deputies, may seize any container which facilitates the perpetration of deception or fraud. By order of a court having jurisdiction the containers seized shall be condemned and destroyed or released upon such conditions as the court in its discretion may impose, to insure against their use in violation of this section.

There are hereby established the following standard net weights for all berry containers, or hallocks in which strawberries, red or black raspberries, blackberries, currants, gooseberries, or any other berries are sold or offered for sale in this state:

(a) Pint hallocks or containers shall be 33.6 cubic Revised Codes 1935, Vol. 2, Political Code, Ch. 330

Weights and Measures Continued. inches in capacity and the contents thereof shall have a net minimum weight of twelve (12) ounces.

(b) Quart hallocks or containers shall be 67.2 cubic inches in capacity and contents thereof shall have a net minimum weight of twenty-four (24) ounces. The sale of, or having in possession for sale, any strawberries, red or black raspberries, blackberries, currants, gooseberries or any other berries in containers or hallocks not complying with the provisions of this act shall be a misdemeanor punishable, upon conviction, by a fine of not less than ten dollars ($10.00), nor more than twenty-five dollars ($25.00). [1913; last amended 1939.) Sec. 4247. State sealer: Records and reports.

The state sealer of weights and measures shall keep a complete record of all work done under his direction, and shall make a biennial report to the governor not later than the first of January of each year preceding the meeting of the legislative assembly. [1911; last amended 1939.] Sec. 4248. False sealing; penalty.

Any person authorized to seal weights and measures in accordance with this act (Secs. 4235–4264.2] who shall, without duly verifying the weights and measures or any weighing device of any person by comparison with the standards of weights and measures, stamp any such weighing device or measure, or attach thereto a seal that said weighing device or measure has been duly tested, is hereby declared, upon conviction thereof, to be guilty of a misdemeanor. [1913; a

last amended 1939.) 1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4249. Trade devices to be marked and stamped; exceptions; apothecaries' weights and measures to be tested and sealed.

Every weight for use in trade, except when the small size of the weight renders it impracticable, shall have the denomination of such weight permanently marked on the top side thereof in legible figures or letters; and every measure of capacity for use in trade shall have the denomination and kind thereof permanently marked on the outside of such measure in legible figures or letters. A weight or measure not in conformity with this section shall not be sealed by the state sealer of weights and measures, or his deputies.

(a) Apothecaries and all other persons dealing in drugs, medicine and merchandise, commonly sold by apothecaries' weight or by apothecaries' liquid measure, shall at least once in two years cause such weights and measures so used to be tested and sealed by officers authorized under this act (Secs 4235–4264.2] to inspect weights and measures. [1911; last amended 1939.] Sec. 4250. Sealer to adjust weights or forbid use; penalty.

If any weights, measures, scales or balances can be readily adjusted by such means as the sealer of

weights and measures, or his deputies, may have at hand, he, or they may adjust and seal them, but if they cannot be readily adjusted he, or they, shall affix to such weights, measures, scales or balances a notice forbidding their use until he, or they are satisfied they have been so adjusted as to conform with the standard. It shall be unlawful for any person to remove such notice, without the written consent of the officer affixing the same, unless proper repairs have first been made. And in case said notice is removed without such written consent, before proper repairs have been made, the owner, manager, proprietor, lessee or anyone in active control of the business in connection with which said weights, measures, scales or balances are used after such removal of said notice, shall be deemed guilty of a misdemeanor and shall be punished accordingly. [1911; last amended 1941.]

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4251. Condemning or confiscating scales; family scales; damages not allowed.

All weights, measures, and balances which cannot be made to conform to the standard weights and measures as herein provided shall be stamped "condemned” or “C. D.” by the state sealer of weights and measures, or his deputies, or the state sealer of weights and measures, or his deputies, may confiscate and seize, without warrant, any incorrect weight, measure, weighing or measuring device or part thereof which does not conform to the state standards or specifications, and which in his or their best judgment cannot be repaired. It shall be unlawful to offer or expose for sale, sell, use or possess a faulty scale, weight or measure, or any scale or measure used in buying or selling of any commodity or things and which has been rejected by the state sealer of weights and measures or his deputies. Scales commonly known as "family scales” or scales marked when sold “not legal in trade” shall not be deemed standard and shall be subject to such seizure. The state sealer of weights and measures, or his deputies, shall not be liable to the owner of the property for damages caused by such seizure. All persons owning coin weight scales shall place their name and address on the back of the scale. In all cases where inspection fees are not paid on coin weight scales, the same may be confiscated by the state sealer of weights and measures, or his deputies. [1911; last amended 1945.) Sec. 4252. Seizure as evidence; return or forfeiture.

The state sealer of weights and measures, or his deputies, may seize, without warrant, such weights, measures, or balances as may be necessary to be used as evidence in case of violation of any act relative to the sealing of weights and measures. They shall be returned to the owners or forfeited as the court may direct. [1913; last amended

1939.)

Sec. 4253. Itinerant vendors' scales to be tested annually.

All itinerant peddlers and hawkers, using scales, balances, weights, or measures, shall take the same to the office of the state sealer of weights and measures, or his deputies, before any use is made thereof, and have the same sealed and adjusted at least once a year. [1911; last amended 1939. Sec. 4254. Milk to be sold by wine measure; remedy for short

measure.

All milk, cream, and skimmed milk shall be sold only by standard wine measure, and by or in measures, cans, jars, bottles, or other vessels or receptacles, the standard measure or capacity of which shall be the gallon containing two hundred thirtyone (231) cubic inches, the half gallon containing one-half as much as the gallon, and the quart onefourth as much as the gallon and the pint one-half as much as the quart. Any purchaser of milk, cream or skimmed milk, having reason to believe that any measure, can, jar, bottle, or other vessel or receptacle, in which milk, cream, or skimmed milk is sold and delivered to him, is not of sufficient size or capacity to contain, by standard wine measure, the amount thereof purchased, may apply to the sealer of weights and measures, or his deputies, who shall test the capacity of the same and issue to such purchaser his certificate stating the capacity thereof; and if such capacity, according to such certificate, shall be less than the amount purchased, such purchaser may make complaint to any court having jurisdiction. [1911; last amended 1939.) Sec. 4255. Milk containers: Capacity indelibly marked; test

ing; penalty.

No person or corporation shall, after the passage of this act (Secs. 4235–4264.2), sell or offer for sale within the state of Montana, any milk or cream in bottles or glass jars, unless each of said bottles or glass jars in which said milk or cream is sold or offered for sale shall have blown into it, or otherwise indelibly and permanently indicated thereon in a legible and conspicuous manner, the capacity thereof, and the state sealer of weights and measures, or his deputies, shall have the right, at any time, to examine any such bottle or glass jar, in order to ascertain whether such bottle or jar is of a capacity not less than that which it purports to be; and if any such bottle or jar is of less capacity than that which it purports to be, or if any such bottle or jar shall not have blown into it, or otherwise indelibly and permanently indicated thereon in a legible and conspicuous manner, its capacity as aforesaid, the person or corporation selling or offering for sale milk or cream in any such bottle or jar, or having in his possession any such bottle or jar, to be used or which has been used for the purpose of containing milk or cream to be sold or offered for sale in said state of Montana shall be deemed guilty of a misdemeanor. [1911; last amended 1939.]

1 See Sec. 4264.1, page 568, penalty for violations.

Sec. 4256. Penalty for use or possession of false weighing or measuring devices.

A person who uses, or has in his possession for use in trade, any weight, measure, scale, balance, steel-yard, or weighing device, which is false or incorrect, shall be guilty of a misdemeanor, and any contract made by any person based upon such false or incorrect devices shall be void and such devices shall be liable to be forfeited by any court having jurisdiction. [1911; last amended 1939.]

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4257. Certain weights and measures legal throughout state.

A weight or measure duly stamped by the state sealer of weights and measures, or his deputies, or by the national bureau of standards, shall be a legal weight or measure throughout the state, unless found to be false or incorrect, and shall not be liable to be resealed because used in any other place than that in which it was originally stamped. 11911; last amended 1939.] Sec. 4258. False selling; misdemeanor.

Whoever sells or offers for sale a less quantity than represented, or sells in a manner contrary to law, shall be guilty of a misdemeanor. [1911; last amended 1939.]

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4259. Tolerances to be established by state sealer.

The state sealer of weights and measures shall, after consultation with, and with the advice of the national bureau of standards, establish tolerances for use in the state of Montana, and said tolerances shall be the legal tolerances in the state of Montana. [1911] Sec. 4260. Obstructing sealer; misdemeanor.

Any person who neglects or refuses to produce for the state sealer of weights and measures, or his deputies, all weights, measures, or balances in his possession and used in trade, or on his premises, or refuses to permit the said officers to examine the same, or obstructs the entry of said officers, or otherwise obstructs or hinders any official under this law shall be guilty of a misdemeanor. [1911; last amended 1939.)

1 See Sec. 4264.1, page 568, penalty for violations. Sec. 4261. Rules and regulations for deputies promulgated by state sealer.

The state sealer of weights and measures is hereby authorized to make such rules and regulations for the guidance and direction of his deputies in conformity with this act (Secs. 4235–4264.2] as may be proper and necessary to carry out the provisions of this act in a uniform manner. Such rules and regulations when adopted by the state sealer of weights and measures shall have the same force and effect as is provided for in this act. [1911; last amended 1939.]

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

Weights and Measures Continued.
Sec. 4263. Power of sealer and deputies to make arrests.

The state sealer of weights and measures and his deputies shall be, by virtue of their respective offices, deputy sheriffs, and as such shall have power to arrest and detain any person violating the provisions of this act (Secs. 4235–4264.2), without warrant. [1911; last amended 1939.] Sec. 4264. Disposition of fines collected.

All fines collected for violation of the provisions of this act (Secs. 4235–4264.2) shall be paid to the state treasurer for support and maintenance of the department of weights and measures. All justices of the peace and clerks of district court who may collect any fine imposed for the violation of the provisions of this act must, not later than the fifth of each month, transmit to the state sealer of weights and measures all moneys so collected, after deducting therefrom all costs in each case, and the state sealer of weights and measures shall pay

the same to the state treasurer, taking his receipt therefor. (1911; last amended 1939.) Sec. 4264.1. Penalty for violation of act.

Any person violating any of the provisions of this act (Secs. 4235–4264.2) shall be deemed guilty of a misdemeanor and where no other penalty is herein provided, upon conviction shall be fined not more than five hundred ($500.00) dollars. [1939] Revised Codes 1935, Vol. 2, Political Code, Ch. 346—

County Public Scales. Sec. 4471. County commissioners may establish public scales.

The board of county commissioners of any county is hereby authorized, in its discretion, when petitioned by twenty-five or more residents and freeholders of the county, to establish and locate public scales at any suitable location selected by the county commissioners within the county. (1905) Sec. 4472. Capacity of scales.

Such scales shall be purchased by the county, and be of not less than five tons' weighing capacity, and shall be provided with glass or open front which can be observed by the one weighing, without dismounting from wagon, and shall be the property of the county, and at all times be under its control and subject to the will of the county commissioners. (1905) Sec. 4473. Public weigher: Appointment; bond.

The board of county commissioners shall appoint at each place where public scales are established by them a public weigher, who shall have the custody and care of such property, and who shall give a bond to the county in the sum of five hundred dollars, conditioned for the safe-keeping of the same, and for the faithful and impartial discharge of the duties incident to his trust in office. [1905]

Sec. 4474. Same: Duties.

It shall be the duty of each public weigher to keep a stub record of all weighing done by him, which record and the receipt issued by such public weigher shall show for whom property was weighed, and the character and kind thereof, and shall constitute prima facie evidence of the facts therein contained; and all such stub records, or other records which the county commissioners may require him to keep, shall at all times be open to public inspection during business hours, between seven a. m. and six p. m. of any day, save and except Sundays and legal holidays, and such public weigher shall file a sworn statement with the county recorder of the county, as prescribed by the county commissioners thereof, ich statement shall show the date and character or kind of property weighed, for whom weighed, and a complete statement of all fees collected. [1905] Sec. 4475. Same: Governed by rules and regulations of board of county commissioners.

Such public weigher shall receive not to exceed ten cents for each receipt issued by him, and shall be governed by such rules and regulations as may be from time to time prescribed or adopted by the board of county commissioners, and he may be removed at any time by such board. [1905] Sec. 4476. Same: Issuance of false receipts; penalty.

Any public weigher, under the provisions of this act (Secs. 4471–4476), who shall make any false or fraudulent receipt of any weighing done by him, or shall be guilty of any collusion with any other person or persons for the purpose of deceiving any person or persons in regard to the correctness of weights, or who shall fail to comply with the requirements of the preceding section, is guilty of a misdemeanor. [1905]

1 See Sec. 10725, page 581, punishment for misdemeanor. Revised Codes 1935, Vol. 2, Political Code, Ch. 346

County Public Markets. Sec. 4490. Market master; powers and duties; enforcement of weights and measures laws.

In each of the counties of this state wherein the office of county auditor exists the county auditor shall be ex-officio the county market-master, and in all counties of this state hereinbefore enumerated, and in all other counties which may avail themselves of the provisions of this act' (Secs. 4488 4494), wherein no office of county auditor is maintained, the county clerk of such county shall be ex-officio market-master, and as such market-master shall, under the supervision and approval of the board of county commissioners, make all necessary rules and regulations for the establishment, maintenance, operations, and control of the markets established hereunder in the respective counties of the state; and it shall be the duty of such market.

master

to see that the laws in the state of Montana in reference to weights and measures are enforced and observed

(1917) Revised Codes 1935, Vol. 2, Political Code, Ch. 383—

Cities and Towns.

Sec. 5039.22. Weighing, measuring and inspecting.

The city or town council has power: To regulate the inspection, weighing, and measuring of wood, coal, stone, corn, or other grain, and hay, within the city or town. [1921; last amended 1927.) ] Sec. 5039.55. Standards and sealer of weights and measures.

The city or town council has power: To establish standard weights and measures to be used in the city or town, and to provide for a sealer of standard weights and measures, who has jurisdiction within the city or town. 1921; last amended 1927.) Sec. 5039.56. Inspection and measuring of building materials.

The city or town council has power: To provide for the inspection and measuring of lumber and other building materials. [1921; last amended 1927.) Sec. 5040. Inspection and measurement of gas and electricity.

The council of any incorporated city, or town shall have power, by ordinance, to provide for and regulate the inspection and the measurement of gas, electric, or other light, and electric or other power, sold within its limits or brought into or carried through any such city or town. [1907] Revised Codes 1935, Vol. 1, Political Code, Ch. 170

Scaling of Logs. Sec. 1830.8. Log rule.

It shall be the duty of the state forester to supervise all the state timber sales,

*. He shall require that each merchantable log be scaled by the Scribner Decimal C. log rule inside the bark at the small end, and that the deduction be made for all visible cull. He shall fix and determine converting factors and units of measure for all forest products other than saw logs, which shall be as nearly as practical equivalent to the Decimal C. log scale. He shall require that all merchantable logs sold be numbered consecutively on at least one end, and that the corresponding numbers and the scale therefor be entered in a scale book, which shall be retained as a permanent public record showing date of scale, the designation of the sale, and the name of the scaler or scalers who did the work. He shall also require that each merchantable saw log, stull, tie, post, pole or other piece of timber be stamped on one or both ends with the official state timber mark, which is hereby authorized and designated thus, “S-T”, signifying “State Timber"; provided, however, in the event of small sales of timber to individuals or others, where the volume of

timber involved is not in excess of one million
board feet (1,000,000) log scale, the state forester
is authorized to designate each tree to be cut and
make a tree scale measurement of all trees to be
sold. [1925; last amended 1945.]
Revised Codes 1935, Vol. 1, Political Code, Ch. 209–

Coal Retailers' License Tax.
Sec. 2336. Coal: Full weight to be given; ton.

In all sales of coal the person selling the same must give to the purchaser full weight at the rate of two thousand pounds to the ton. [1921] Sec. 2338. Same: Revocation of license.

The state board of equalization shall have the power to revoke the license of any person upon the conviction of such person of the violation of any of the provisions contained in [Sec. 2336] * (1921) Sec. 2342. Same: Penalty for violations.

Any violation of any of the provisions of this act (Secs. 2327-2343] 'shall be deemed a misdemeanor, and shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [1921] Revised Codes 1935, Vol. 2, Political Code, Ch. 237—

“Pure Food and Drug Act." Sec. 2578. Unlawful to sell, etc. misbranded articles.

It shall be unlawful for any person, persons, firm, or corporation, within this state, to manufacture for sale, within this state sell, offer for sale, or have within his or their possession, with the intent to sell within this state, any drugs or article of food which is adulterated or misbranded within the meaning of this act [Secs. 2578_2599).

(1911) Sec. 2582. Food sold by weight or measure; size of gallon, ounce and pound.

In case of food sold by weight or measure, all measures shall be in gallons or fractions thereof, a gallon to contain two hundred and thirty-one cubic inches, and each fraction of a gallon to contain its corresponding fraction of two hundred and thirty-one cubic inches. Where weights or measures are stated in pounds and ounces, they shall be exclusive of the wrapper or other container, and each pound shall contain sixteen ounces, each ounce containing four hundred and thirty-seven and onehalf grains. Any person, persons, firm, or corporation selling or offering for sale any article of food as a pound, or any multiple thereof, except by actual weight, the net weight of which is less than sixteen ounces, or the proper multiple thereof to represent the number of pounds sold or offered for sale, and any person, persons, firm, or corporation selling or offering for sale any quantity of food as a gallon, or any fraction thereof, which does not con

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