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mine employees and shall examine and balance said scales, measures or devices at any time that he may consider it necessary in his official visit to the mines and in no event shall he neglect or fail to inspect or examine the same for a period of more than six (6) months. [1937] Sec. 67–614. Marking condemned scales.

If the inspector shall find that any scales not complying with the standards now fixed and provided by law for weights and measures, or if he shall find that any measures or mechanical devices do not comply with the recognized standard for such instruments, he shall:

(a) If said instruments are capable of repair, label the same "condemned for repairs”; (b) In the event said scales, measures or mechanical devices are incapable of repair, he shall mark the same "condemned" and order the owner and/or operator of the mines to dispose of the same or to cease using them. [1937] Sec. 67–615. Use of condemned scales prohibited.

It shall be unlawful for any mine owner or operator to use any such scales, measures or mechanical devices after the same have been condemned by the state mine inspector unless the same have been repaired as required by said state mine inspector. [1937] Sec. 67–616. Right of entry for scale examination and test

ing; interference prohibited.

In the general performance of the duties imposed upon said state mine inspector, he may enter or go into and/or upon any land, place, buildings or premises for the purpose of making (examinations and testing said scales, measures or other mechanical devices and it shall be unlawful for any person to hinder, delay or impede in any man. ner such state mine inspector, in the discharge of his duties. (1937) Sec. 67–618. Penalty for violations.

Any person, firm or corporation violating any provision of this act (Secs. 67-613–67-618), shall upon conviction thereof be fined in a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). [1937]

guilty of violating this act, and shall be subject to the punishment herein provided. (1937] Sec. 69-502. Deceiving purchasers in regard to product.

No person shall store, sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other petroleum products in any manner whatsoever, which may deceive, tend to deceive or has the effect of deceiving the purchaser of said products, as to the nature, quality or quantity of the products so stored, sold, exposed or offered for sale. [1937] Sec. 69-513. Testing equipment.

The gasoline tax division of the bureau of revenue, state of New Mexico, shall establish at loca. tions to be determined by it, checking stations or gauging racks for the purpose of gauging and determining the capacity of all tank wagons, tank trucks, or other equipment used for transporting motor fuel or other petroleum products into the state of New Mexico, or from a refinery or tank farm located within the state to a point within or without the state. Every person owning or operat. ing any such vehicle or equipment shall present such vehicle or equipment to the nearest checking station or gauging rack when notified so to do, by the gasoline tax division of the bureau of revenue, upon ten [10] days notice by said division to him.

After any such vehicle and equipment has been checked and gauged at such checking station, the owner or operator thereof shall carry or display such signs and symbols and identifying marks on such vehicle and equipment as may be reasonably required by the bureau of revenue, in order to show that it has been checked, the capacity thereof, date of checking, and other pertinent matter. (1937] Sec. 69-514. Standards for scales, measures and measuring devices.

It shall be unlawful for any person to use any scales, measure or measuring device in the handling or sale of petroleum products, unless the same is true and accurate, and the standard of weights and measures applied to said scale, measure or measuring device, shall be those now used by the United States bureau of standards. [1937] Sec. 69-515. Inspecting of measuring and dispensing equipment; faulty equipment.

The bureau of revenue shall have the right, and it shall be its duty, to make periodic inspection of all equipment used in measuring or dispensing for sale, gasoline and all other refined petroleum products in this state, for the purpose of ascertaining that correct volume measurements are being dispensed from all such equipment. In the event that any such equipment is inaccurate, the person inspecting same shall forbid its use until such time as the defect is corrected, and if not corrected shall seal the same. The breaking of said

Statutes Annotated 1941, Vol. 5, Ch. 69, Art. 5

Petroleum Products.

Sec. 69–501. "Person" defined.

The term "person" as used in this act (Secs. 69–501-69–516] shall include every natural person, firm, copartnership, association or corporation, and if any firm, copartnership, association or corporation violate any of the provisions of this act, every director, officer, agent, employee or member participating in, aiding or authorizing the act or acts constituting a violation of this act, shall be

888243-51-44

Statutes Annotated 1941, Vol. 5, Ch. 72, Art. 5

Public Utilities.

Statutes Annotated 1941, Vol. 5, Ch. 69, Art. 5—

Petroleum Products—Continued. official seal shall be prima facie evidence of a violation of this law (Secs. 69–501—69-516] and no person shall refuse to permit the duly authorized state agent of the bureau of revenue to inspect and seal as deemed necessary, any such measuring device, nor shall any person break the seal without permission after it has been placed by such duly authorized agent of the bureau of revenue. [1937] Sec. 69-516. Penalties for violations.

Any person who shall violate any of the provisions of this act (Secs. 69–501-69-516] shall be punished upon conviction of the first offense by a fine of not more than one hundred fifty dollars ($150.00), or by imprisonment of not more than nine (9) months, or both; for the second offense, a fine of not less than one hundred dollars ($100.00) and not more than three hundred dollars ($300.00), or by imprisonment for not more than six (6) months or by both such fine and imprisonment; for each subsequent offense, by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. (1937; last amended 1941.) Statutes Annotated 1941, Vol. 5, Ch. 71, Art. 7–

"Uniform Narcotic Drug Act.” Sec. 71–703. Rules and regulations for enforcement.

The state board of public welfare state board of public health is hereby authorized, empowered and directed to make such rules and regulations consistent with the provisions of this act (Secs. 71-701-71-748]

as it may deem proper to promote the enforcement of the same, (1935) Sec. 71-719. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein.

[1935] Sec. 71-746. General penalty.

Any violation of the provisions of this act (Secs. 71-701-71-748], the punishment for which is not specified herein, and of the rules and regulations of the board made under authority of this act, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not exceeding one [1] year, or by both such fine and imprisonment. [1935]

Sec. 72–519. Standard of service and measurement thereof.

The commission [New Mexico Public Service Commission] may prescribe reasonable and adequate service regulations and standards of service rendered or to be rendered by any utility, and may prescribe such regulations for the examination and testing of such service and for the measurement thereof (gas, electricity, water, etc.). [1941] Sec. 72-520. Meter accuracy.

The commission [New Mexico Public Service Commission) may prescribe reasonable rules, regulations, and standards to secure the substantial accuracy of all meters and appliances for measurement which shall be complied with by the utility and consumer. (1941] Sec. 72–521. Inspection of meters.

The commission [New Mexico Public Service Commission may provide for the inspection of the manner in which any utility complies with the rules, regulations and standards fixed by the commission to secure the accuracy of all meters and appliances for measurement, and the commission may examine and test any and all meters and appliances for measurement under such rules and regulations as it may prescribe; and at all inspections and tests made in pursuance of complaints, representatives of the utility complained of and of the complainant may be present. [1941] Sec. 72–522. Testing measuring appliance at consumer's request.

Any consumer or user may have any meter or appliance for measuring tested by the commission [New Mexico Public Service Commission] upon payment of fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers, the fee to be paid by the consumer or user at the time of his request, but to be paid by the utility and refunded to the consumer or user if the measuring appliances be found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user. [1941] Sec. 72–523. Authority to enter premises of utility.

The commission (New Mexico Public Service Commission) and its officers and employees of the commission may during all reasonable hours, after reasonable notice to the utility, enter upon any premises occupied by any utility for the purpose of making examinations and tests and exercising any power provided for in this act (Secs. 72–301-721105], and may set up and use on such premises any apparatus and appliances necessary therefor. Such public utility shall have the right to be represented at the making of such examination, tests and inspections, and shall be given sufficient time before the making thereof to secure the presence of a representative of its selection. (1941] Statutes Annotated 1941, Vol. 5, Ch. 77, Art. 5

Standards for Measuring Flow and Volume of

Water.
Sec. 77–518. Cubic foot; acre-foot; miner's inch.

The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one [1] foot deep, equivalent to forty-three thousand five hundred and sixty [43,560] cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot

per second in all cases, except when some other equivalent of the cubic foot per second has been specifically stated by contract, or has been established by actual measurement or use. (1907] Statutes Annotated 1941, Vol. 3, Ch. 41, Art. 1

Misdemeanors.
Sec. 41–106. Punishment when not otherwise prescribed.

When a criminal is found guilty in any of the courts of this state of any crime which is not a felony, for which no punishment has been prescribed by law, the said criminal shall be punished by a fine not exceeding two hundred dollars ($2001 or by imprisonment in the county jail for a period not exceeding three [3] months, or both at the discretion of the court. (1871; last amended 1872.]

Agriculture and Markets Law, Art. 2 (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B)—
Department of Agriculture and Markets

Page Sec. 16 General powers and duties

690 17 Delegation of commissioner's power

691 18 Rules; tolerances for food containers; enforcement of laws

691 19 Same: Publication of rules

691 20 Access to place of business

691

Pago Sec. 194-c Same: Concealment of inferior products

699 194-d Measure of thread; label; offense

699 195 Exceptions to Secs. 193 and 194

700 196 Guaranty as exemption from prosecution -- 700 196-a Promulgation of rules and regulations.----- 700 197 Construction of contracts

700

Agriculture and Markets Law, Art 3 (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B)—

Penalties
Sec. 39 Penalties for violation of chapter or other
laws

691 40 Violations of rules or orders; penalty

692 41 General penalty -

692

Agriculture and Markets Law, Art. 16-A (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B)—

Coal, Coke and Charcoal
Sec. 197–a Coal and coke: Sold by weight; ton; licensed

weighmaster; scales to be tested and sealed:
tolerances

700 197-b Same: Weight tickets; charge; coal sold in

less than 100 pound lots excepted; mark-
ing requirements

700
197-c Same: Exception to weight certificate provi.
sion

701 197-d Same: Reweighing

701 197-e Same: Licensing of weighmaster; revocation 701 197-f Same: Marketing of delivery truck

701 197–8 Same: Weighing out of state vehicles_ 701 197-h Same: Certificate of origin when transported into state by motor vehicle

701 197-i Same: Prohibited acts

702 197-j Same: Penalties

702 197–k Same: Reciprocity of weight certificates.- 702 197-1 Charcoal: Sold by weight or measure; marking requirements

702 197-m New York City exempt

702

Second Class Cities Law, Art. 3 (McKinney's Consoli

dated Laws Annotated, Ch. 53, Book 52)-Sealer

of Weights and Measures Sec. 12 Appointment

13 Term of office

703 703

Second Class Cities Law, Art. 14 (McKinney's Consoli

dated Laws Annotated, Ch. 53, Book 52)-Sealer of

Weights and Measures
Sec. 211 Powers; duties; salary

703

Village Law, Art. 3 (McKinney's Consolidated Laws

Annotated, Ch. 64, Book 63)-Classification Sec. 40 Classification according to population ----- 703 Village Law, Art. 4 (McKinney's Consolidated Laws

Annotated, Ch. 64, Book 63)—Powers of Board of

Trustees Sec. 89 Establishment and maintenance of village scales

703

Agriculture and Markets Law, Art. 4 (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B) —

Milk and Cream
Sec. 56 Determination of milk fat; standard bottles
or pipettes; sealing; offense

703 56_b Determination of bacterial count; standard pipettes; sealing; offenses

703

Agriculture and Markets Law, Art. 16 (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B)—

Weights and Measures
Sec. 176 State standards

692 177 Unit of length and surface

693 178 Units of weights

693 179 Units of capacity

693 180 Duties of commissioner of agriculture and markets

693 181 Office standards

693 182 County sealer of weights and measures; du. ties; salary; bond

694 183 City sealer: Appointment; salary; duties---- 694 183–a County and city deputy and assistant sealers of weights and measures

694 184 Sealing of approved weighing and measur.

ing devices; semi-annual inspection of
scales; offenses

695 184-a Gasoline pumps to be inspected and sealed 695 185 Condemning of false weights and measures 695 186 Disposition of condemned weighing and measuring devices

695 187 Keeping false weighing and measuring devices 695 188 Use of false weights and measures; respon

sibility of seller or buyer; charge for service 695 189 False labels; offenses

695 190 Sale of fruits, vegetables, grains and nuts by

weight or numerical count only; original
package; marking requirements

696 191 Standard milk and cream containers; tolerances; offenses

696 192 Container: Definition

696 192-a Same: Standard for lettuce and celery 696 192-b Same: Used

697 192–c Same: Malt beverages; tolerances; rules and regulations

697 193 Sale of commodities by weight, etc.

697 193-a Bread standards; exceptions; label tolerances

697 193-aa Re-use of containers for bread; offense_

698 193-b Method of sale of fuel wood

698 193-c Standard log rule

698 193-d Frozen desserts: Definition; containers 698 193-e Flour and corn meals: Standard weight containers; exceptions

698 193–f Sale of lawn dressings and fertilizers by net

weight or standard measure; bill of sale--- 699 194 Net content label; variations

699 194-a Hay and straw: Presser defined; correct scales to be used; bale marks --

699 194-b Same: Method of sale by bale or lot_--- 699

Agriculture and Markets Law, Art. 8 (McKinney's
Consolidated Laws Annotated, Ch. 69, Book 2-B)—

Concentrated Commercial Feeding Stuffs
Sec. 128 Definition

131 Marking requirements
133-a Misrepresentations prohibited

704 704 705

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