Sec. 89-103. Standard bushel; subdivisions thereof.

A bushel shall consist of two thousand one hundred and fifty and forty-two hundredths cubic inches. The half-bushel, peck and half peck shall consist of the proper division and subdivision of the bushel. [1921; last amended 1923.]

Sec. 89-104. Standard gallon.

A gallon shall consist of two hundred and thirty-one cubic inches. [1921]

Sec. 89–105. Standard pound.

A pound avoirdupois shall consist of seven thousand grains in Troy weights. [1921]

Sec. 89-106. Length and surface; units.

The units of standard, and measures of length and surface from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, are the standards of length designated in sections 89-101 to 89-141. The yard is divided into three equal parts called "feet," and each foot into twelve equal parts called "inches." For measures of cloth and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths and sixteenths. The rod, pole or perch contains five and one-half yards, and the mile seventeen hundred and sixty yards. The chain for measuring land is twenty-two yards long, and is divided into one hundred equal parts called "links." The acre for land measure shall be measured horizontally and contain ten square chains, 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. [1921]

Sec. 89-107. Standard weights; hundred weight; ton; pound.

The units of standard of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in sections 89-101 to 89-141. The hundred weight consists of one hundred avoirdupois pounds, and a ton contains twenty hundred weights. Wherever in said sections the word "pound" is used, it shall mean the avoirdupois pound unless otherwise distinctly specified. [1921]

Sec. 89-108. Standard dry measures.

The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities designated in sections 89-101 to 89-141. The peck, half-peck, quarter-peck, quart, pint, and half-pint measures, for measuring commodities which are not liquids, shall be derived from the half-bushel by successively dividing the measure by two. [1921]

Sec. 89-109. Standard liquid measure.

The units of standards of measure of capacity for liquids, from which all other measures shall

be derived and ascertained, shall be the standard liquid measures designated in sections 89-101 to 89-141. The liquid gallon shall be divided by continual division by the number two so as to make half-gallons, quarts, pints, half-pints and gills. [1921]

Sec. 89-110. Standard electrical measures.

The standards of electrical measures recognized by the national Bureau of Standards, when procured by the state, shall be the standard of electrical measures in the State of Nebraska. [1921] Sec. 89-111. Metric system official.

The weights and measures of the metric system shall be legal weights and measures in the State of Nebraska. [1921]

Sec. 89-112. Standard weight of commodities per bushel.

Whenever any of the articles or commodities mentioned in this section shall be sold by the bushel or fractional part thereof and no special agreement shall be made in writing, the measure thereof shall be ascertained by avoirdupois weight and be computed as follows:

Sec. 89-113. Flour and corn meal: Standard weight containers; exception.

The net weight per barrel, per sack, per container, per package, or divisible merchantable quantities, shall be as follows, and no packages other than these sizes shall be permitted for sale in the State of Nebraska: Wheat flour, per barrel, two hundred pounds; per half-barrel, one hundred pounds; per quarter-barrel sack, fifty pounds; per one-eighth barrel sack, twenty-five pounds; and in smaller containers of ten pounds, five pounds or less if the net weight is plainly marked thereon; rye flour, rye graham, wheat graham, whole wheat flour and cornmeal in sacks of the following weights: one hundred pounds, fifty pounds, twenty-five pounds, ten pounds, five pounds, or less if the net weight is plainly marked thereon. Nothing in sections 89-101 to 89-141 shall be construed to prohibit the sale of flour prepared for special purposes in other sized packages. [1921; last amended 1943.]

Sec. 89-114. Measurement of hay in stack.

Unless otherwise agreed to between the contracting parties, the following shall constitute the legal method for measuring hay in the stack, and determining the tonnage of the same: 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 feet and inches; from this measurement shall be subtracted the average width of the stack and the result divided by two, to obtain the average height of the stack; the width shall then be multiplied by the height, and the result by the average length of the

stack, to determine the cubic feet of hay in the stack. [1921]

Sec. 89-115. Contracts to be in terms of standards.

All contracts, sales or purchases made for work to be done, or for anything to be sold or deliv ered or done, by weight or by measure, within this state, shall be taken and construed in terms of and according to the standards of weights and measures adopted by sections 89-101 to 89-141, except where parties have agreed in writing upon any other calculations or measurements. All statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be under stood in terms of the standards of weights or meas ures aforesaid. [1921]

Sec. 89–116. Dry commodities: Sold by standard weight o measure only; exceptions.

All dry commodities, not otherwise specified in sections 89-101 to 89-141, shall be sold only b standard weight, numerical count, linear or sur face measure, except where the parties shall hav a written agreement, specifying some other unit o measure, or in the case of fruits and vegetables i containers, other than as specified in section 89 117 where the container is labeled or stamped de ignating the minimum weight or the minimu numerical count. [1921]

Sec. 89-117. Berry containers; onions, sales one peck or les dry measure.

All sales of blackberries, blueberries, cranbe ries, currants, gooseberries, raspberries, cherrie strawberries, and similar berries, also onion sets i a package of one peck or less, may be sold by th quart, pint or half-pint, dry measure; and all ber boxes sold, used, or offered for sale, within th state, shall be of an interior capacity of one quar pint or half-pint, dry measure. Any berry boxes n conforming to this section shall be confiscated the inspector. [1921]

Sec. 89-118. Standard milk and cream containers; liqu commodities sold only by standard liquid measure weight; exception.

All milk or cream sold in bottles shall be so only in bottles containing half-pints, pints, quar half-gallons or gallons. All liquid commodities sh be sold only by standard liquid measure or stan ard weight, except where parties shall have written agreement specifying some other unit

person, shall offer or expose for sale, sell, use in buying or selling of any commodity or thing for hire or award, or retain in his possession, a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the Department of Agriculture and Inspection within two years, or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of the commodity is determined; or who shall keep for the purpose of sale, offer or expose for sale, or sell, any commodity in a manner contrary to law; or who shall sell or offer to sell, or use, or have in his possession for the purpose of selling or using, any device or instrument to be used, or calculated to falsify any weight or measure, shall be guilty of a misdemeanor. The possession of such weight, measure, scale, balance or beam shall be prima facie evidence that the same was intended to be used in violation of law, except as provided for in section 89-123. [1921]

Sec. 89-121. Scales and weights; inspection; powers of director of department.

When not otherwise provided by law, the Director of the Department of Agriculture and Inspection, or his inspectors, shall have the power, and it shall be his or their duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing and measuring devices, kept, offered, or exposed for sale, sold or used or employed by any proprietor, agent, lessee or employee in proving or ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce or articles of distribution or consumption purchased, offered or submitted by such person or persons for sale, hire or award; and he shall have the power to, and shall, from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He may for the purposes above mentioned and in general performance of his official duties, enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some place which the Director or his inspectors may specify, for the purpose of making proper tests. Whenever the director, or his inspectors, finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. He shall at

least once annually test all scales, weights and measures used in checking the receipts or disbursements or supplies in every institution for the maintenance of which moneys are appropriated by the Legislature. [1921]

Sec. 89-122. Same: Inspection; sealing.

Whenever the Director of the Department of Agriculture and Inspection, or his inspectors, compares weights, measures, or weighing or measuring devices, and finds that they correspond or causes them to correspond with the standard in his possession, he shall seal or mark such weights, measures or weighing or measuring devices with the appropriate seals or marks. [1921]

Sec. 89-123. Same: Condemnation, when authorized; repairs.

The Director of the Department of Agriculture and Inspection, or his inspectors, 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 his inspector's best judgment is not susceptible to repair. He or his inspectors may also confiscate and seize any device required to be licensed by the department upon which the license fee has not been paid and which does not bear the license tag of the current year. Any such inspector who shall make any such seizure shall not be liable to the owner of the property seized for damages caused by such seizure. Any property so seized, if not returned to the owner within one year from the date of seizure, shall be destroyed. Such weights, measures, or weighing or measuring devices as are incorrect and may be repaired, they shall mark or tag as "condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within thirty days, and they may neither use nor dispose of the same in any way, nor remove or deface any such "condemned for repairs" tag or other mark or tag affixed by the director or his inspectors, until they shall have received from the department written permission to do so. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs," and have not been repaired as required above, or have been used or disposed of in any way, shall be confiscated by the department. The removal or defacing of such tag shall be prima facie evidence that the same was removed or defaced by and with the consent of the owner or user of the scale. [1921]

89-124. Interference with inspection; penalty.

Except as otherwise provided in sections 89-101 to 89-141 any person, firm or corporation preventing, attempting to prevent, obstructing, hindering, or in any way interfering with the Director

Revised Statutes 1943, Vol. 4, Ch. 89-Weights and Measures-Continued.

of the Department of Agriculture and Inspection, or his inspectors or agents, in the performance of his or their official duties, or knowingly failing or neglecting to observe any reasonable rule or regulation of the director adopted for the enforcement. of said sections, shall be deemed guilty of a misdemeanor.1 [1921]

1 See Sec. 89-141, page 590, penalty for violation.

Sec. 89-125. Inspectors: Police powers.

The Director of the Department of Agriculture and Inspection or his inspectors are made special policemen, and are authorized and empowered to arrest any violator of the statutes in relation to weights and measures, to enter complaint before any court of competent jurisdiction, and to seize for use as evidence, without formal warrant, any false or unsealed weight, measure, or weighing or measuring device, or package or amount of commodities, found to be used, retained, or offered or exposed for sale or sold in violation of law. [1921]

Sec. 89–126. Municipal inspection and sealing.

Any city or municipality in the state may establish a department of public inspection of weights and measures, and shall have the power to appoint a sealer and deputies and fix their compensation, and to pass such ordinances, not in conflict with the state laws, as may be deemed necessary. If a city or municipality shall establish such a department, it shall provide the sealer with suitable quarters, a set of standards as hereinafter specified in sections 89-101 to 89-141, and all other equipment for the proper performance of his duties. All city and municipal standards shall be tried, proved and sealed under the direction of the Department of Agriculture and Inspection, and shall be returned to it for verification at least once in every five years. [1921]

Sec. 89-127. Municipal standards enumerated.

Sets of standards for municipal sealers, if procured, shall include the following weights, measures and balances, and they shall be of a type approved for such use by the Department of Agriculture and Inspection:

One yard measure divided into feet and inches, and at least one of the inches divided into thirtyseconds of an inch;

Dry capacity measures: One-half bushel, one peck, one quart and one pint;

Liquid capacity measures: One gallon, one quart and one pint;

Avoirdupois pound weights in the following number and denomination: One fifty-pound, one twenty-pound, two ten-pound, one five-pound, two two-pound, and one one-pound;

Twenty test weights, each of fifty pounds, for testing platform scales and other large scales, if the same are to be tested;

One equal arm balance of a capacity of fifty pounds to one-sixteenth of an ounce. [1921] Sec. 89-128. Inspection of work of local sealers: Supervision by director of department; reports.

The Director of the Department of Agricultur and Inspection, or his inspectors by his direction shall at least once in each two years, or oftene if he feels it is for the best interest of the public visit the various cities of the state in order to in spect the work of the local sealers; and in the per formance of such duties, he, or his inspectors b his direction, may inspect the weights, measure balances, or any weighing or measuring appliand of any person, firm, or corporation, and shall hav the same powers as the local sealer of weigh and measures. He shall require a semi-annual r port of the work done by the municipal seale and shall issue from time to time, regulations fo the guidance of all sealers, and the said regul tions shall govern the procedure to be followed b the aforesaid officers in the discharge of the duties. [1921]

Sec. 89-129. Authority to make immediate examination.

Any inspector who may have reason to belie that any weight, measure, balance, weighing measuring device, used in trade, is inaccurate not according to the standard, shall have the a thority to make an immediate examination of t same, and require that the same be tried and teste and conform to the standards herein require [1921]

Sec. 89-130. Fees.

The Department of Agriculture and Inspecti shall receive fees as follows:

(1) For inspecting and sealing platform scal (a) Each scale over nineteen thousand pounds pacity, six dollars and fifty cents; (b) each sca over four thousand pounds capacity up to a including nineteen thousand pounds capacity, fo dollars and fifty cents; (c) each scale over six hu dred pounds capacity up to and including fo thousand pounds capacity, two dollars and fi cents; (d) each scale over one hundred poun capacity up to and including six hundred poun capacity, seventy-five cents; (e) each scale over f pounds capacity up to and including one hundr pounds capacity, fifty cents; and (f) each scale five pounds capacity or less, twenty-five cents; (2) For hopper or grain shipping scales, exce

automatic scales: (a) Each scale of over ten thousand pounds capacity, ten dollars; (b) each scale over five thousand pounds capacity up to and including ten thousand pounds capacity, five dollars; ic each scale of five thousand pounds capacity or less, three dollars and fifty cents; (d) for each automatic scale up to and including six hundred pounds capacity, three dollars and fifty cents; and e) each automatic scale over six hundred pounds capacity, five dollars, and the department shall be entitled to collect from the owner or custodian of such scales herein mentioned an amount sufficient to cover the cost of transporting all necessary test weights to and from the location of said scales:

(3) For sealing and marking each beam, ten cents; for sealing or marking measures of extension, ten cents per yard or fraction thereof, not exceeding fifty cents for any one measure;

(4) For sealing or marking liquid or dry measures, ten cents for each measure; for measuring pumps or automatic tanks of one gallon or less, twenty-five cents; for measuring pumps or automatic tanks of over one gallon, fifty cents; and for Linear measuring devices, fifty cents; for sealing or marking each weight, five cents; for the inspection of any weighing or measuring device not listed in this section, the director of the department shall have the authority and power to fix a fee.

The department shall have a reasonable compensation for making weights and measures conform to the standard in its possession. It shall not require any fee from any county or city. All fees collected by it, or such part as is necessary, shall be used in the proper enforcement of sections 89-101 to 89-141, the balance to be paid to the State Treasurer and credited to the General Fund. The inspection and sealing fees herein provided for shall be and constitute a lien on the weights, scales, measures, weighing or measuring devices inspected until said fees are paid, and the director may sue therefor in the name of the state. [1921; last amended 1947.]

Sec. 89-131. Public scales: Erection; counties under township organization.

Scales may for public use at public expense. In counties under township organization, a township may at the annual meeting provide for the erection and determine the location and number of scales for the township, and levy a tax to pay for the same. 1921]

be erected in the State of Nebraska

Sec. 89-132. Same: Weighmaster; appointment; term.

When such public scales are provided for, the township board shall appoint a weighmaster, upon petition of the electors living in the immediate vicinity of the scales so located, who shall, under oath, promise to perform the duties of his office faithfully and honestly, and the weighmaster so

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appointed shall continue in office until removed by the township board or by resignation. [1921] Sec. 89-133. Same: Testing.

The township board shall from time to time, as in its judgment seems necessary, test the scales as to their accuracy and properly adjust same. [1921]

Sec. 89-134. Same: Weighmaster's receipt conclusive in dispute.

Whenever disputes arise between two parties, within the limits of the township where such scales are located, over the first weighing of any articles, the same shall be weighed a second time on the public scales, and the weighmaster's receipt therefor shall be final. [1921]

Sec. 89–135. Same: Weighmaster's compensation.

The township board shall fix and regulate the fee or salary of the weighmaster, and the fees, if any, for weighing. [1921]

Sec. 89-136. Same: Counties under commissioner plan.

Townships in counties under the commission. organization, desiring to adopt the provisions of sections 89-131 to 89-135, shall petition to the county board of such county, and where a majority of the electors so petition, the same shall be granted. All duties and powers imposed upon township officers by said sections where counties are under township organization shall be performed by the county board of counties under commission organization. [1921]

Sec. 89-137. Standard brick.

The standard size of brick sold in the State of Nebraska shall be eight and one-fourth inches long, four inches wide, and two and one-half inches thick. [1921]

Sec. 89-138. Same: Notice to purchaser if otherwise than standard.

No person shall sell any brick of any size other than that specified in the section 89-137 without, at the time of the sale, notifying the purchaser, in writing, of the size of such brick. [1921]

Sec. 89–139. Sale of coal, coke, charcoal by weight; delivery ticket; re-weighing.

It shall be unlawful to sell or offer to sell in this state any coal, charcoal or coke in any other manner than by weight. No person, firm or corporation shall deliver any coal, charcoal or coke, without each such delivery being accompanied by a delivery ticket and duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivering vehicle, and the net amount in weight of coal, charcoal or coke contained in the cart, wagon or other vehicle used in such deliveries, with the name of