Statutes Annotated 1941, Vol. 4, Ch. 48, Art. 17Cotton Gins-Continued.

ner approved by the board of regents, which records shall show the name of the ginner, bonded gin number, name of person for whom cotton was ginned, weight of the bale, weight of the seed, marks and numbers placed on bales and name of person to whom bale and seed was delivered, which records shall at all times be open to inspection by officers, agents or employees of the regents of the Agricultural College of New Mexico. [1923]

Sec. 48-1708. Enforcement of act.

The regents of the Agricultural College of New Mexico is [are] hereby given supervision of the administration and enforcement of this act [Secs. 48-1701-48-1712] and shall have full power and authority to delegate inspectors and agents to assist in the enforcement of such act and shall have full power and authority to make such rules and regulations as may be necessary to a full and complete enforcement thereof. [1923]

Sec. 48-1709. Penalty for violations.

From and after July 1st, 1923, it shall be unlawful for any person to do or cause to be done any act or anything prohibited by this act [Secs. 481701-48-1712], or fail to do anything required of him under it, [and] the person or persons so offending shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than twenty-five ($25.00) dollars nor more than two hundred ($200.00) dollars, or may have his license suspended or revoked, unless a different offense and a different penalty is provided for by this act. [1923]

Statutes Annotated 1941, Vol. 4, Ch. 48, Art. 18"The New Mexico Fruit and Vegetable Standardization Act."

Sec. 48-1803. Application of act.

No fruit or vegetable shall be considered to come within the meaning of this act [Secs. 48-1802—48– 1823] except those which are shipped from the state, and for which specific standards and standard containers are herein established or may be established as hereinafter provided. [1941]

guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred ($500.00) dollars or be imprisoned not more tham one [1] year, or both. [1941]

Sec. 48-1812. Rules and regulations.

The board of regents of the New Mexico Col lege of Agriculture and Mechanic Arts is em powered to promulgate and enforce such rules and regulations, not in conflict herewith, as he [they] may deem necessary to carry out the provisions o this act [Secs. 48-1801-48-1823]. [1941]

Sec. 48-1813. Power to establish standards; standard pack ages; appeal from standards fixed.

The board of regents is empowered to establis and enforce such grades, grading rules and regula tions, as may be deemed necessary on fruits an vegetables, which shall not conflict with any prov sion of this act [Secs. 48-1801-48-1823], after thorough investigation has been made of the need of the particular fruit or vegetable for which grade grading rules and regulations must be submitte before they become effective. Grades, grading rule and regulations, established in accordance with th provisions of this section, shall not be modifie during the current shipping season of the fruit vegetable for which they are established, except hereinafter provided. In like manner the supe visor of inspection may provide for standard pac ages other than those established in this act, but standard packages shall be eliminated or change without due notice to the industry involved.

On receipt of a written appeal by at least twent five [25] representative growers and shippers of th commodity for which grades, grading rules, regul tions or standard packages have been establish under the provisions of this act, protesting again the grades, grading rules, regulations or standa packages so established, the supervisor of inspe tion shall call a hearing. Due notice shall be giv by the supervisor of inspection to all interest parties of the date and place of such hearing, an the grades, grading rules, regulation or standa packages shall be sustained, modified or revoke in the discretion of the supervisor of inspectic approved by the board of regents, on the basis the evidence presented. If such grades, gradi rules, regulations or standard packages are changed or modified by the supervisor of insp tion, in accordance with the provisions of this s tion, they shall continue to be in full force a effect. Grades, grading rules, regulations and star ard packages, established under the provisions this section, shall be promulgated by the sup visor of inspection and published in one [1] more newspapers or farm journals of general culation in the state. [1941]

Sec. 48-1814. Definitions.

When used in this act [Secs. 48-1801-48-1823], the words hereinmentioned shall be defined as follows: "Containers" or "packages" shall mean any containers used for packing, shipping or selling fruits or vegetables. "Subcontainers" shall mean any basket or other receptacle used within a container. [1941]

Sec. 48-1819. Exempted transactions.

No provision of this act shall be construed to prevent a grower of fruits or vegetables in the state from selling or delivering the same unpacked and unmarked, to a dealer or other person for resale or to a packer for grading, packing or storage; or to prevent a grower or packer from manufacturing the same into any by-product, or from selling the same unpacked or unmarked to any person actually engaged in the operation of a commercial by-products factory for the sole and express purpose of being used in the state in the manufacture of a by-product for resale. [1941]

Sec. 48-1821. Enumeration of products specifically subject to control.

The board of regents of the New Mexico College of Agriculture and Mechanic Arts, shall prescribe rules and regulations relating to the grading, packing, storage and shipment, where shipment is to be out of the state, of the following products, and such other products as in the opinion of such board of regents should be governed by rules and regulations as to grading, packing, and shipping: peanuts, cantaloupes, honey ball melons, honey dew melons, head lettuce, carrots, green beans, hot and sweet peppers, Irish potatoes, cabbage, apples, and other products. [1941]

Sec. 48-1823. Application to carload lots only; exception.

The provisions of this act [Secs. 48-1801-481823] shall apply only to sales in carload lots in interstate commerce. The words "dealer," "packer," "shipper," or similar words used in this act shall not apply to those persons, firms, associations or corporations, purchasing, trucking or handling the products hereinbefore in this act mentioned otherwise than by the carload, unless the shipper or dealer elects to be governed by the provisions of this act. [1941]

Statutes Annotated 1941, Vol. 4, Ch. 49, Art. 10— Live Stock Sales Rings.

Sec. 49-1001. Definitions.

As used in this act [Secs. 49-1001-49-1010], (a) The term "live stock" means neat cattle, horses, mules, donkeys and swine, or any thereof;

(b) The term "sales ring" means any place, establishment or facility conducted or operated for compensation or profit as a public market, consisting of pens or other enclosures, barns, stables, sheds,

and their appurtenances, including saddle and work stock, and vehicles used in connection therewith or in the operation thereof, where live stock not owned by the operator for at least three [3] months next preceding the receipt thereof is received, held or kept for any purpose other than (1) immediate shipment by rail, or immediate slaughter, or (2) for grazing, feeding or breeding, or (3) for the sale and exchange of breeding stock by a bona fide live stock association;

(c) The term "operator" means any person in control of the management or operation of a sales ring;

(d) The term "person" means and includes natural person, firm, association and corporation; (e) The term "board" means the cattle sanitary board of New Mexico; [1937]

Sec. 49-1002. License required.

It shall be unlawful for any person to operate a sales ring in this state unless he be the holder of an unexpired, uncanceled license issued by the board [cattle sanitary board]. [1937]

Sec. 49-1007. Scales: Inspection and certification. All scales maintained by the operator shall be regularly inspected and certified as is required of scales used by merchants.1 [1937]

1 See Sec. 78-204, page 674.

Sec. 49-1010. Penalty for violations.

Violation of this act [Secs. 49-1001-49-1010] or of any rule or regulation of the board made in pursuance of this act shall constitute a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and each day's violation shall constitute a separate offense. [1937]

Statutes Annotated 1941, Vol. 4, Ch. 49, Art. 19— Commercial Feeding Stuffs.

Sec. 49-1901. Definitions.

The term "commercial feeding stuffs" shall be held to include all feeding stuffs used for feeding live stock and poultry, except the following: (a) Whole seeds or grain. (b) Whole hays, straws, cottonseed hulls and corn stover, when unmixed with other materials. (c) All other materials consisting of 60 per centum or more of water. [1929] Sec. 49-1902. Marking requirements.

Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement clearly and truly certifying: (a) the net weight of the contents of the package, lot or parcel;

[1929]

Statutes Annotated 1941, Vol. 4, Ch. 49, Art. 19— Commercial Feeding Stuffs-Continued.

Sec. 49-1910. 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 feeding stuffs as defined in Section 1 [Sec. 49-1901], without complying with the requirements of the provisions of this act [Secs. 49-1901-49-1912]

*

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. [1929]

Sec. 49-1912. Enforcement; rules and regulations.

The said regents [of College of Agriculture and Mechanic Arts] are hereby empowered to enforce the provisions of this act [Secs. 49-1901-49-1912] and to prescribe the form of tags, stamps or labels to be used to show that inspection tax or fee has been paid, and to adopt standards or definitions for commercial feeding stuffs and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as they may deem necessary to carry into effect the lawful intent and meaning of this act. Such standards or definitions and rules and regulations when adopted and published by said regents shall have the same force and effect as the provisions of this act, and violation of said rules and regulations shall be subject to the same penalties as violations of the provisions of this act. [1929]

Statutes Annotated 1941, Vol. 4, Ch. 49, Art. 21— Milk and Cream.

Sec. 49-2105. Babcock test; apparatus; testing; violations; penalties; specifications.

A. It shall be unlawful for any person or persons engaged in buying, selling, testing, or handling, or engaged in determining the value of milk, cream or other dairy products by the use of the Babcock test, to give any false readings or in any way manipulate the test so as to give a higher or lower per cent of butter fat than the milk, cream or other dairy products actually contain, or to cause any inaccuracy in reading the per cent of butter fat by securing inaccurate samples from any quantity of milk, cream or other product for the test. It shall be unlawful for any person or persons to use any test tubes, bottle, pipette or instrument in connection with such test which is not perfectly clean; and for the purpose of this act [article] [Secs. 49-2101-49-2110], any unclean test bottle, tube or pipette is declared inaccurate. All tests shall be maintained at a temperature of 120 F. for at

least ten [10] minutes before reading of the per cent of butter fat is made and recorded.

B. All bottles and pipettes used in measuring milk or milk products for making determination of the per cent of fat in said milk or milk products shall be made in accordance with the revised specifications formulated by the U. S. bureau of standards, Washington, D. C., and shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "sealed," and in the side of the pipette or the side or bottom of the bottle the name, initials, or trade-mark of the manufacturer and his designating number, which designating number shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be fur nished by the state dairy commissioner upon ap plication by the manufacturer and upon the filing by the manufacturer of a bond in the sum of one thousand dollars ($1,000.00) with sureties to be approved by the attorney-general, conditioned upo conformance with the requirements of this section A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of the board of regents at state colleg [Agricultural College of New Mexico].

C. Any manufacturer who sells Babcock milk cream or butter test bottles or milk pipettes, to b used in this state, that do not comply with the pro visions of this section shall suffer the penalty of fiv hundred dollars [$500] to be recovered by th attorney-general in an action against the offender bondsmen, to be brought in the name of the pe ple of the state. Any dealer who uses, for th purpose of determining the per cent of milk fat i milk or milk products, any bottles or pipett purchased after this law takes effect that do no comply with the provisions of this section relatin thereto, shall be deemed guilty of a misdemeand and upon conviction thereof, shall be punished b a fine of not less than twenty-five dollars ($25.0 nor more than one hundred dollars ($100.00), by imprisonment in the county jail not less tha ten [10] days nor more than three [3] months.

D. The state dairy commissioner shall prescri specifications with which the glassware mentione in this section shall comply. The unit of graduatio for all Babcock glassware shall be the true cub centimeter or the weight of one [1] gram of d tilled water at four [4] degrees centigrade. [192 last amended 1929.]

Sec. 49-2106. Accuracy of testing.

It shall be the duty of the dairy commission and his deputies and they are hereby authorized test milk, cream and other dairy products for t purpose of ascertaining the percentage of butt fat or other ingredients contained therein; a if said dairy commissioner, or any of his deputi shall find upon test that there is variance of mo

than one [1] per cent between his test and that made by any person engaged in testing, buying or selling milk, cream or other dairy products, said commissioner or deputy commissioner shall cause his test to be verified and substantiated by the chemist of the New Mexico Agricultural College, and if such chemist shall find that the test made by such commissioner or deputy commissioner is correct, the test thus made and verified shall, in all prosecutions for violations of the provisions of this act [article] [Secs. 49-2101-49-2110], be prima facie evidence that the test made by the person engaged in testing, buying or selling such milk, cream or other dairy products was falsely and fraudulently made. [1927; last amended 1929.]

Sec. 49-2110. Penalty for violations.

Any person, company or corporation, or any agent of any company or corporation violating any of the provisions of this act [article] [Secs. 49– 2101-49-2110] shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five [$25.00] nor more than two hundred dollars [$200] for each offense. [1927; last amended 1929.]

Statutes Annotated 1941, Vol. 5, Ch. 61-Alcoholic Liquors.

Sec. 61-903. Marking requirements.

No alcoholic liquors shall be sold in this state unless the immediate container thereof bears the label, amount of contents, trade-mark, brand or name of the maker, bottler, or wholesale distributor thereof; [1939; last amended 1941.]

Sec. 61-1019. Penalties for violations.

The violation of any provision of this act [Secs. 61-101-61-524, 61-601-61-1019, 61-1101-611104] or of any valid rule or regulation promulgated under the provisions of this act which is not herein declared to be a felony, shall be a misdemeanor, and upon conviction thereof, any person shall be punished by a fine of not more than three hundred dollars [$300] or by confinement in jail not more than seven [7] months or by both such fine and imprisonment: Provided that if a corporation be convicted of such a violation it shall be punished by a fine of not more than one thousand dollars [$1,000]. [1939]

Sec. 61-1102. Container labels; rules and regulations.

As soon as practicable after this act [Secs. 61-101 -61-524, 61-601-61-1019, 61-1101-61-1104] becomes effective, it shall be the duty of the chief of division [chief of division of liquor control]

to ascertain the highest practicable degree of accuracy with which bottles and containers of alcoholic liquors can be labeled as to amount

The term "itinerant vendor," for the purpose of this article [Secs. 62–201-62–222] shall mean and include any person, either principal or agent, who engages in either a temporary or transient business in this state, either in one locality or in traveling about the country, or from place to place, selling manufactured goods, jewelry, wares or merchandise, and it shall include peddlers and hawkers, and also those who for the purpose of carrying on their temporary or transient business, hire, lease or occupy a building, structure, tent, car, vehicle, store room or place of any kind, for the exhibition and sale of any manufactured goods, jewelry, wares or merchandise. [1905]

Sec. 62-202. Exemptions.

The provisions of this article [Secs. 62-201-62222] shall not apply to commercial travelers or agents selling to merchants in the usual course of business, and it shall not apply to the sale of goods, wares, jewelry or merchandise in original packages from other states as permitted by the laws of the United States applicable to interstate commerce between the states: And, provided, further, that the provisions of this article shall not apply to the sale of books, papers, school supplies or household machinery. [1905]

Sec. 62-219. Fraud in sales of merchandise; penalty.

If any licensed "itinerant vendor" or any assistants of any licensed "vendor" shall commit any fraud in the sale of any manufactured goods, jewelry, wares or merchandise, by any false or short weight, or measure, he shall be punished by a fine of not less than twenty dollars [$20.00] nor more than five hundred dollars [$500], or by imprisonment in the county jail of not less than thirty [30] days nor more than one [1] year, or by both such fine and imprisonment. [1905]

Statutes Annotated 1941, Vol. 5, Ch. 67, Art. 6Mine Scales.

Sec. 67-608. Mine owner to provide scales.

The owner or agent of each coal mine within this state, at which the miners are paid by weight,

Statutes Annotated 1941, Vol. 5, Ch. 67, Art. 6— Mine Scales-Continued.

shall provide at or near such mine suitable scales of standard make for the weighing of all coal mined. [1889]

Sec. 67-609. Weighman: Oath; record; duties.

The owner or agent of such mine shall require the person authorized to weigh the coal delivered from said mine to be sworn, before some person having authority to administer an oath, to keep the scales correctly balanced; to accurately weigh and to record a correct account of the amount weighed of each miner's car of coal delivered from such mine, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate and shall be open to his inspection at all reasonable hours, and also for the inspection of all other persons pecuniarily interested in such mines. [1889]

Sec. 67-610. Check-weighman: Employment; duties; selection; compensation; oath.

In all coal mines in this state, the miners employed and working therein on a tonnage basis shall, at the option of the majority thereof, be permitted by the owners of said mines to employ from among the employees of said mines, one [1] or more check-weighmen, whose wages shall be paid by all miners employed or working on a tonnage basis in said mines.

The duties of such check-weighman shall be to see that all coal mined in the mine at which he is employed, is correctly weighed and accredited, and for that purpose every such aforesaid owner shall give to such check-weighman access to all scales and weights used for that purpose and to the records of such weights of coal at each scales [sic]. The owner shall provide a convenient and suitable office on the tipple for weighing coal which said office shall be kept in a comfortable and sanitary condition.

Said check-weighman shall be selected by a majority secret vote of those miners who produce coal on a tonnage basis in said mines and who contribute to the wages of such check-weighman. Said check-weighman shall continue in such employment at the will of the majority of said miners working on a tonnage basis.

Said check-weighman shall be paid in either of the following manners at the option of said miners, namely, by running a coal check and deducting a sufficient and equal amount from each ton of coal weighed to guarantee him the wages agreed upon by the said check-weighman and said miners, and shall be paid therefor by the owners of said mines in the same manner and at the same rate per ton as other employees running coal checks are paid; or, said check-weighman may be paid

on a percentage basis as agreed upon by the said check-weighman and said miners, in which event the owner shall deduct the agreed percentage from the wages of said miners and pay the same to said check-weighman.

Said check-weighman shall before entering upon his duties make and subscribe to an oath before some officer duly authorized to administer oaths, that he is duly qualified and will faithfully discharge the duties of the check-weighman. Such oath shall be kept conspicuously posted at the place of weighing. [1889; last amended 1937.] Sec. 67-611. Fraudulent weighing; penalty.

Any person, company or firm having or using any scale or scales for the purpose of weighing the output of coal at mines so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever by reason of which such coal is not correctly weighed or reported in accordance with the provisions of the three preceding sections, or any weighman or check-weighman who shall fraudulently weigh or record the weights of such coal, or receive at or connive at, or consent to such fraudulent weighing, shall be deemed guilty of a misdemeanor, and shall upon conviction for each such offense be punished by a fine of not less than two hundred dollars ($200), nor more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed sixty [60] days, or by both such fine and imprisonment, pro ceedings to be instituted in any court of competen jurisdiction. [1889]

Sec. 67-612. Operators' offenses; penalties; application o weighing provisions.

Any person, owner or agent operating a coa mine in this state who shall fail to comply with the provisions of Sections 3498 to 3501 [Secs. 67 608 67-611] inclusive, or who shall obstruct o hinder the carrying out of their requirements shal be fined for the first offense not less than fift dollars ($50), nor more than two hundred ($200 dollars; for the second offense not less than tw hundred ($200), nor more than five hundred ($500) and for the third offense not less than five hundre dollars ($500): Provided, that the provisions said sections shall apply only to coal mines whos products are shipped by rail and shall not appl to mines where suitable scales of standard mak furnished by any railroad or transportation com pany or through which the coal is shipped or use for such weighing. [1889]

Sec. 67-613. Testing.

The state inspector of mines is hereby made th legal examiner of all scales, measures or othe mechanical devices by which coal is weighed measured for the purpose of determining or asce taining the compensation which shall be paid co