quest and make or have made such inspection and test, nor oftener however than once each thirty [30] days; or, if the public weighmaster has reasonable cause to believe that any such scales have been altered after inspection, he shall thereupon inspect the same, but if found unaltered no charge for such inspection shall be made. [1913]

Sec. 78-208. Same: Misfeasance or nonfeasance of duty; penalty.

Any public weighmaster or deputy making a misstatement of facts, or who reports any scale to be in a condition other than its true condition, or who knowingly omits from inspection any scale or violates any of the provisions of this chapter [Secs. 78-101-78-314], shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than thirty [30] days nor more than ninety [90] days or both such fine and imprisonment. [1913]

Sec. 78-209. Same: Fees to deputy.

The deputy public weighmaster shall be entitled to demand and receive to his own use for the inspection provided for in this chapter [Secs. 78-101 -78-314] the following fees:

For inspecting railroad and track scales of capacity of 20 tons and upwards, each

$1.50

Sec. 78-210. Same: Testing warehouse scales; penalty for use after condemnation.

All scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized public weighmaster, the expense of such tests to be paid by such warehouseman, and no scales shall be used for the weighing of grain or any other article after having been found incorrect, until put in order and found accurate and approved for further use by an authorized public weighmaster, and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). [1913]

Sec. 78-211. Same: Owners and possessors of uninspected scales owe duty to notify; penalty.

Any person owning or having in his possession any scale used for weighing, which scale has not

been inspected as provided in this chapter [Secs. 78-101-78-314], shall immediately notify the public weighmaster that he owns or has in his possession such a scale which has not been inspected as herein provided. Should any person fail to so notify the public weighmaster when owning or having in his possession such a scale, he shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200.00) or by imprisonment for not less than thirty [30] days nor more than ninety [90] days, or by both such fine and imprisonment. [1913] Sec. 78-212. Same: Penalty for hindering weighmaster, concealing scales, and/or giving false weights and meas

ures.

Any person who shall impede, obstruct, hinder or interfere with any public weighmaster or other person in the performance of his duties as prescribed by this chapter [Secs. 78-101-78-314]; who shall conceal from the public weighmaster any scales in his possession; who shall knowingly mark or stamp false or short weight or false tare on any cask or package, or knowingly sell or offer for sale any cask or package so falsely marked or which contains less than the quantity which he represented [it] to contain, or who shall knowingly use any false balance or weight or measure in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped or delivered for sale or barter, or that is pledged or given in payment shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00) or by imprisonment for not less than thirty [30] days nor more than ninety [90] days, or by both such fine and imprisonment. [1913]

Sec. 78-213. Same: Authorized to arrest; seizure of false scales, weights and measures; test by magistrate; destruction authorized.

Every public weighmaster or his deputy is authorized and required to arrest any person violating any of the provisions of this chapter [Secs. 78-101-78-314], and to seize any false scales, weights or measures being used by any such person and to deliver the same to the magistrate before whom the person so arrested is taken.

The magistrate to whom any scale, weight or measure is delivered pursuant to this section shall cause the same to be tested by comparison with standards required by this chapter; and, if he finds it to be false, he shall cause it to be destroyed, if the case against the person accused of using the same has been disposed of, otherwise to be delivered to the district attorney of the county in which the accused is liable to indictment or trial.

Upon conviction of the accused, such district attorney shall cause any scale, weight or measure in

Statutes Annotated 1941, Vol. 5, Ch. 78, Art. 2Public Weighmasters-Continued.

respect whereof the accused stands convicted, and which remains in the possession or under the control of such district attorney, to be destroyed. [1913]

Sec. 78-214. Same: "Person" defined.

The word "person" as used in this chapter [Secs. 78-101-78-314] shall be construed to include a person, firm, company, corporation or association, whether acting as principal, agent or employee. [1913]

Sec. 78-215. City, town, or village weighmaster.

The office of the public weighmaster be, and the same is hereby, established in such cities, towns and villages of the state of New Mexico, as shall by ordinance avail themselves of the provisions of this act [Secs. 78-215-78-221]. [1921]

Sec. 78-216. Same: Appointment.

Such public weighmaster shall be nominated by the mayor and confirmed by the city council or board of trustees of the several municipalities of said state, which avail themselves of the provisions of this act [Secs. 78-215-78-221], as provided in section 1 [Sec. 78-215] hereof, as other appointive officers are nominated and confirmed in the municipal corporations of said state. [1921]

Sec. 78-217. Same: Powers, duties and fees.

The powers and duties of such municipal public weighmaster shall be the same as those now provided by law in chapter CXVI1 of the New Mexico Statutes, Codification of 1915, for public weighmasters, and he shall receive the same fees as are therein provided for public weighmasters. [1921]

1 Chapter 116 of the Code of 1915 is compiled as Secs. 14-3806, 78-101 through 78-120, 78-124 through 78-214, 78-314. That portion of Ch. 116 relating to public weighmasters is compliled as Secs. 78-201 through 78-214.

Sec. 78-218. Same: Location of office.

The municipal public weighmaster shall keep his office at such place in the municipality as may be provided by the city council or board of trustees of such municipality. [1921]

Sec. 78-219. Same: Duplicate standards to be procured.

The city council or board of trustees of such municipality shall procure from the secretary of state such duplicates of standard weights as may be necessary for the use of such public weighmaster in such municipality, which duplicate weights shall be paid for by the municipality and delivered to the municipal public weighmaster. [1921]

Sec. 78-220. Same: Jurisdiction within municipality supersedes county public weighmaster.

The municipal public weighmaster shall have exclusive jurisdiction in the matter of testing

weights and measures within such municipality, to the exclusion of the public weighmaster, provided for in said chapter CXVI.1 [1921]

1 See footnote following Sec. 78–217.

Sec. 78-221. Same: Appointment of deputy weighmasters.

Said municipal public weighmaster may appoint such deputies as may be needed, by and with the consent of the city council or board of trustees of such municipality, which has availed itself of the provisions of this act [Secs. 78-215-78-221] a provided in section 1 [Sec. 78-215] hereof. [1921] Statutes Annotated 1941, Vol. 5, Ch. 78, Art. 3Public Weighers.

Sec. 78-301. "Office of public weigher". The office treated of in [Secs. 78-301 -78-314] shall be styled the "Office of Publi Weigher." [1921]

Sec. 78-302. Petition for appointment; number.

The board of county commissioners of an county in the state of New Mexico, when presented by a petition signed by twenty (20%) per cent o the qualified voters of any justice precinct in th county praying for the appointment of a publi weigher or public weighers for said precinct, shal appoint one [1] or more suitable persons for pub lic weighers for said justice precinct; the numbe of public weighers shall be determined by sai board. [1921]

Sec. 78-303. Qualifications.

No person shall be appointed a public weigher unless he shall be a qualified elector in the justic precinct for which he is appointed. [1921] Sec. 78-304. Persons ineligible for appointment.

No person shall be appointed public weigher, do deputy weigher, who is interested in the purchas or sale of live stock, cotton, wool, grain, or coal t be weighed, either as principal, agent, factor, con mission merchant or employee. [1921]

Sec. 78-305. Procedure to abolish office.

After the office of public weigher has been esta lished for two [2] years, the board of county con missioners of said county shall upon petition abolish said office signed by qualified voters at lea one-half in number of the whole vote cast for go ernor at the last preceding election in the publ weigher's precinct, declare such office abolished be effective within thirty (30) days after present tion of such petition; and no public weigher sha be appointed in such precinct for two [2] yea thereafter. [1921]

Sec. 78-306. Oath; bond.

Every person appointed public weigher, sha take the oath of office prescribed by the constit tion for other officers, and shall execute a bor

with good and sufficient sureties in the sum of two thousand ($2,000.00) dollars, to be approved by the board of county commissioners of such county, and payable to the state of New Mexico, conditioned upon the faithful and impartial performance of the duties of the office. [1921]

Sec. 78-307. Duties; weight certificates; records; certified copies of certificates; application to private weighers. When a person is appointed public weigher and shall have qualified as provided in section 3 [Sec. 78-303], he shall enter upon the duties of his office and weigh, without unnecessary delay, all grain, cotton, wool, hay, coal, live stock or other commodities required to be weighed by him. He shall provide suitable and convenient place or places of easy access to the public in which to perform his duties. He shall deliver to the owner, a certificate or statement, written in ink or indelible pencil, setting forth the gross and net weight of such grain, hay, wool, live stock or other commodities weighed by him, over his official signature. He shall keep in a well bound book a record of all articles weighed by him, giving the name of owner and weight of article or load, which book shall be open at all reasonable hours for the inspection of the public; and he shall, upon application therefor by anyone, issue certified copies of such certificates, for which he may charge the sum of ten ($.10) cents, including certificate thereto. The provisions of this article [Secs. 78-301-78-313] shall also apply to private weighers who are engaged in weighing for the public, as well as public weighers. [1921] Sec. 78-308. Appointment of deputies; responsibility for acts of deputies; bond.

The public weigher shall have the power and authority to appoint as many deputies for his weighers precinct as may be necessary to enable them to expeditiously weigh all grain, wool, live stock, coal or other commodities offered to be weighed in the weigher's or justice precinct, for which they are appointed. The public weigher shall be responsible to the county for the faithful performance of the duties of deputies appointed by him. He may require of them a bond with good and sufficient surety in the sum of one thousand ($1,000.00) dollars, and conditioned for the faithful performance of their duties; and the public weigher shall have the right to recover in any court having jurisdiction satisfaction on said bonds for any damage sustained by reason of said deputy or deputies for any failure to properly perform the duties of the office.

[1921]

Sec. 78-309. Maintenance of scales, etc.; liability for acts of deputies; continuous nature of bonds.

All public weighers appointed under the provisions of this chapter [Secs. 78-301-78-313] shall keep accurate and well adjusted scales and balances and give accurate weights, and shall keep the same

tested and certified to as provided by law. Each public weigher shall be held responsible for the official acts of the deputies, and shall be liable to suits for all damages that may be accrued to any person or persons by reason of the failure to perform the official duties, or the violation of any of the provisions of this chapter; and the bonds shall not be void upon the first recovery, but may be sued on from time to time, in the name of the person or persons injured until the whole thereof is recovered. [1921]

Sec. 78-310. Right to damages where another assumes duties. It shall not be lawful for any factor, commission merchant, or other person or persons, to employ any other [than a] public weigher or his deputies, to weigh any hay, grain, wool or any other product sold or offered for sale in any city or justice precinct having a public weigher duly qualified; and any person or persons violating the provisions of this section shall be liable to the suit of the public weigher of such city or justice precinct, to damages in any sum not less than five ($5.00) dollars for each ton of hay, grain, coal, sack of wool, bale of cotton, so unlawfully weighed to be recovered in any court having jurisdiction thereof. [1921]

Sec. 78-311. Persons may weigh own produce; bond of weighers where no public weigher appointed.

Nothing in this chapter [Secs. 78-301-78-313] shall prevent any person, firm, or corporation from weighing his own produce in person, provided, that in places where there are no public weighers appointed any person who shall weigh cotton, wool, grain, hay and other products for compensation shall be required before weighing such product to enter into a bond with at least two [2] good and sufficient sureties in the sum of two thousand ($2,000.00) dollars, approved and payable as in the case of the public weigher referred to in this section, and conditioned that he will faithfully perform the duties of his office and turn over all property weighed by him on demand of the owner; provided, that this section shall not apply to merchant flouring mills. [1921]

Sec. 78-312. Violation by private weighers; liable on bond. Any weigher who qualifies under the preceding section and shall violate any of the provisions or fail to comply with any of such provisions, shall be liable at the suit of any person injured upon his bond for damages that may have accrued to such person by such violation or failure. [1921]

Sec. 78-313. Fees of public weighers.

Public weighers shall receive the following fees: For each bale of cotton, not exceeding For each load of wool, not exceeding For each load or part of load of hay or grain For each bale of hides

$0.10

.10

.10

.10

And he shall not be obliged to deliver any such article so weighed until the same therefor shall have been paid. [1921]

Sec. 78-314. Regulation of public weighing in municipalities; council failing to comply; penalty.

The council of every incorporated city, town or village shall prescribe rules for the weighing of commodities upon any scales operated therein by any person, firm or corporation for the use of the public, and shall regulate the charges therefor, and shall designate the place or places where hay and wood may be exposed for sale by persons having no fixed place of business in such city, town or village. And any failure upon the part of the council to comply with the provisions of this section shall be deemed a misdemeanor and upon conviction shall subject any such offending official to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). [1913]

Statutes Annotated 1941, Vol. 1, Ch. 14-Cities, Towns, and Villages.

Sec. 14-101. Population.

Every municipal corporation having a popula tion of three thousand [3,000] and upwards shall be a city, and every municipal corporation having a population of fifteen hundred [1,500] shall be deemed an incorporated town. [1884]

Sec. 14-1803. Powers.

The city council and board of trustees in towns shall have the following powers: [1884]

Sec. 14-1815. Regulation of sale of food.

To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions and to provide for place and manner of selling the same.

To regulate the sale of bread in the city or town, prescribe the weight and quality of the bread in the loaf. [1884]

[ED. NOTE.-In New Mexico Statutes Annotated, following the foregoing section, it is stated: "This section, in so far as it relates to the weight of bread, is superseded by Sec. 78-121. For a section identical to the second paragraph of this section, see Sec. 14-3806."]

Sec. 14-1816. Weights and measures.

To regulate the inspection, weighing and measuring of brick, lumber, fire-wood, coal, hay and any article of merchandise.

To provide for the inspection and sealing of weights and measures.

To enforce the keeping and use of proper weights and measures by venders. [1884]

[ED. NOTE.-In New Mexico Statutes Annotated, following the foregoing section, it is stated: "The provisions of this section may be affected by Secs. 78–101 et seq."] Sec. 14-3806.1 Power to regulate sale of bread.

The council of any city, town or village shall have power to regulate the sale of bread and prescribe the weight and quality in the loaf. [1913]

1 See Secs. 78-121-78-123, page 673; weight and size of loaf. Sec. 14-3808. Power to license and regulate public scales. The legislative or governing bodies of cities, towns and villages shall have the power to license and regulate ⚫ * public scales [1937; last amended 1947.]

Statutes Annotated 1941, Vol. 3, Ch. 41, Art. 21– False Weighing of Ore.

Sec. 41-2132. False scales or weights; penalty.

Any person, association or corporation, or the agent of any person, association or corporation engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, as aforesaid, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending shall be deemed guilty of a misdemeanor. and on conviction thereof shall be fined in a sum not exceeding one thousand dollars [$1,000], nor less than one hundred dollars [$100], or imprison ment not more than [1] year, or both, at the discretion of the court. [1889]

Sec. 41-2133. False weight certificates; penalty.

Any person, corporation or association, or the agent of any person, corporation or association engaged in the milling, sampling, concentrating, re ducing, shipping or purchasing of ores in this state, who shall in any manner knowingly issue any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, shall issue a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him or them, shall be deemed guilty of a misdemeanor, and on convic tion thereof shall be fined in a sum not exceeding one thousand dollars [$1,000], nor less than one hundred dollars [$100], or imprisonment not more than one [1] year, or both, at the discretion of the court. [1889]

Statutes Annotated 1941, Vol. 4, Ch. 48, Art. 12— Commercial Fertilizer.

Sec. 48-1201. Definition; exceptions from act.

Any substance shall be deemed to be a commercial fertilizer if by reason of its chemical composition or other quality, it is sold, offered or exposed for sale, or distributed in this state for the purpose of increasing the crops produced by land. The provisions of this act [Secs. 48-1201-48-1210] shall not apply to raw materials in the hands of manufacturers, nor to salt (sodium chloride), limestone (calcium carbonate), dolomite (calcium magnesium carbonate), lime (calcium oxide), slaked lime (calcium hydroxide), gypsum (calcium sulphate), other materials of a like nature, or the dung of domestic animals when each is sold as such, and unmixed with anything else. Nothing in this law shall be construed as preventing anyone from mixing fertilizing materials for his own use only. [1929]

Sec. 48-1203. Marking requirements.

Every package of commercial fertilizer sold, offered or exposed for sale or distributed in New Mexico, by sample or otherwise, shall bear a distinctly printed label in the English language on the back of the tax tag hereinafter mentioned, or on a separate tag, unless a tax stamp is used to show payment of the tax in which case the required label may be distinctly printed on the container. The presence of said tax or stamp on any package of commercial fertilizer shall be evidence that the brand of commercial fertilizer contained therein is registered in New Mexico. The label shall state: *; third, the number of net pounds in the package; Nothing other than herein specified shall be stated on the label. [1929; last amended 1949.]

Sec. 48-1208. Violations; penalty.

Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this state any commercial fertilizer as defined in section 1 [Sec. 48-1201] of this act [Secs. 48-1201-48-1210], or who shall take or receive from any firm, association, corporation or person in this state any order for such commercial fertilizer, or who shall directly or indirectly contract with any manufacturer, importer, jobber, firm, association, corporation or person in this state for the sale of such commercial fertilizer, to be delivered in this state by common carrier or otherwise, without there being affixed thereto, when delivered in this state, such labels and tax tags or stamps as are required by the provisions of this act, or who shall use such required tax tags or stamps a second time, or use or possess a counterfeit of such required tax tag or stamps, or who shall impede, obstruct, hinder or otherwise

prevent, or attempt to prevent, said regents [of College of Agriculture and Mechanic Arts] or their authorized agents, in the performance of his duty in connection with the provisions of this act, or without complying with any requirement or provision of this act, shall be deemed guilty of a violation of the provisions of this act and upon conviction thereof shall be fined not more than one hundred dollars ($100) for the first violation and not less than one hundred dollars ($100) for each subsequent violation. Penalties recovered under this act shall be converted into the school fund of the county wherein the offense was committed. [1929]

Each and every ginner shall well and truly mark each bale with the initials of the owner and weight and number of the bale; furthermore each and every ginner shall be required to securely attach to each bale of cotton, when ginned, one [1] metal tag or seal securely fastened with metal attachment. showing license number, serial number of bale and the name and address of the ginner. This tag shall be prima facie evidence that the ginner has been properly licensed under the provisions of this act [Secs. 48-1701-48-1712]. [1923]

Sec. 48-1705. Plaiting of or adding foreign substance to bales prohibited.

Each and every ginner and any officer, servant or employee of a corporation, person or gin company conducting the ginning business under the provisions of this act [Secs. 48-1701-48-1712], or any other person, persons or corporation who shall fraudulently, wilfully or knowingly "plait" or pack a bale of cotton, which is to say, who shall wilfully and knowingly place on the outside of said bale a better grade and quality of cotton than on the inside of said bale or who shall gin cotton when it is wet or who shall in the process of ginning said bale of cotton or thereafter add water or any foreign substance to said cotton shall be guilty of an offense hereunder. [1923]

Sec. 48-1707. Ginners' records.

All ginners operating within the state shall keep permanent records of all cotton ginned in a man