1947 Supplement to the Revised Code of 1943, Title 19, Ch. 18-"Insecticide, Fungicide, and Rodenticide Act of 1947"-Continued. the purpose of determining whether they comply with the requirements of this Act [Secs. 19-180119-1811]. * Nothing in this Act shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of the Act whenever he believes that the public interests will be best served by a suitable notice of warning in writing. * [1947] Sec. 19-1808. Penalties for violations. 2. Any person violating any provision of this Act [Secs. 19-1801-19-1811] other than subsection of section 3 (19-1803) shall be guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars for the first offense and upon conviction of a subsequent offense shall be fined not more than three hundred dollars. Any offense committed more than five years after a previous conviction shall be considered a first offense. In any case where a registrant was issued a warning by the commissioner pursuant to the provisions of this Act, such registrant shall upon conviction of a violation of any provision of this Act other than subsection 1 of section 3 (19-1803) be fined not more than two hundred dollars, or imprisoned for not more than one year, or be subject to both such fine and imprisonment, and the registration of the article with reference to which the violation occurred shall terminate automatically. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the commissioner to comply with all the requirements of this Act. [1947] Sec. 19-1809. Seizures. Any economic poison or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any proper court of jurisdiction in any county of the state where it may be found and seized for confiscation by process of libel for condemnation: 1. In the case of an economic poison: a. If it is adulterated or misbranded; c. If it fails to bear on its label the information required by this Act [Secs. 19-1801-19-1811]; [1947] [ED. NOTE. This act includes exemptions with respect to economic poisons used officially by state or federal officials, used experimentally, and intended for export.] Revised Code of 1943, Vol. 4, Title 36, Ch. 5-Livestock Sales Rings. Sec. 36-0501. Definitions. In this chapter [Secs. 36-0501-36-0514], unless the context or subject matter otherwise requires: 1. "Livestock" shall mean horses, mules, cattle, swine, sheep, and goats; 2. "Livestock sales ring" shall mean a place or establishment conducted or operated for compensation or profit as a public market, consisting of pens or other enclosures and their appurtenances, in which livestock is received, held, or kept for sale and where such livestock is sold or offered for sale at either public auction or private sale; and 3. "Commission" shall mean the public service commission. [1941] Sec. 36-0502. Exemptions. The provisions of this chapter [Secs. 36-0501– 36-0514] shall not apply to: 1. Any place used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder, or feeder who is discontinuing his business; 2. The premises of any butcher, packer, or proc essor who receives animals exclusively for immediate slaughter; or 3. Any place where any individual or any duly constituted association of breeders of livestock of any class assembles and offers for sale and sells under his or its management registered livestock or breeding sires if such individual or association assumes all responsibility of the sale, guarantees title of such livestock, and makes proper provision for inspection of all animals sold. [1941] Sec. 36-0508. Scales; inspection; weight certificate. All scales used in the operation of a livestock sales ring shall be tested and inspected by the de partment of weights and measures in the manner provided in this code1. All livestock sold by weight shall be weighed on such scales, and the purchase and seller of such livestock shall be furnished with true and correct statement of such weight [1941] a 1 See Sec. 64-0101-64-0312, pages 743-748. Sec. 36-0514. Penalties for violations. Any person who shall violate any of the provi sions of this chapter [Secs. 36-0501-36-0514] shal be guilty of a misdemeanor and shall be punishe by a fine of not more than one hundred dollars o by imprisonment in the county jail for not mor than thirty days, or by both such fine and imprison ment. Every person who shall violate any of th provisions of this chapter after having been co victed previously of a violation of any provisio thereof shall be guilty of a misdemeanor and sha be punished by a fine of not less than one hundre dollars nor more than five hundred dollars, or b imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment. [1933; last amended 1937.] Revised Code of 1943, Vol. 4, Title 36, Ch. 6— Weighing of Livestock at Packing Plants. Sec. 36-0601. Packing plant defined. The term "packing plant" as used in this chapter [Secs. 36-0601-36-0608] shall mean a place where livestock, exclusive of poultry, shall be purchased for the purpose of slaughtering, dressing, curing, or processing the same for storage and distribution at wholesale for human consumption. [1931] Sec. 36-0602. Grading before weighing. No packing plant within this state shall purchase any livestock by weight unless such livestock shall have been graded and sorted in the yard and the price per pound for each grade fixed and determined before the weighing thereof. [1931] Sec. 36-0603. Penalty for not grading before weighing. Each purchase of livestock in violation of section 36-0602 shall be separate offense and shall constitute a misdemeanor upon the part of every owner of a packing plant in which such violation occurs, whether the owner is a natural person or a corporation, and shall be punished by a fine of not more than one hundred dollars for each offense. [1931] Sec. 36-0604. Licensed weighmaster; duplicate scale ticket; penalty. All livestock purchased or sold at any packing plant within this state shall be weighed by a licensed and bonded weighmaster. The weighmaster shall deliver to each person from whom livestock is purchased or to whom livestock is sold a duplicate scale ticket showing the gross, tare, and net weights of the livestock. Any person or corporation who shall permit such weighing to be done by any person other than a licensed weighmaster shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars for each unlawful weighing. [1931] Sec. 36-0605. Weighmaster's license: By whom issued; application; bond; renewal. The chief inspector of the department of weights and measures of the public service commission shall issue a weighmaster's license to any person of good moral character who shall: 1. Make written application therefor; 2. Pay a license fee of five dollars; and 3. File in the office of the chief inspector a bond issued by a corporate surety company authorized to do business in this state. Such bond shall run to the state of North Dakota. It shall be in the penal sum of one thousand dollars conditioned for the faithful performance of his duties as such weighmaster. The term of such license and bond shall be for two years, and the license shall be renewable upon the same terms as are specified for an original license. The cost of the bond shall be borne by the applicant for a license. Any person injured by the wrongful conduct of the weighmaster described in the bond in the performance of his official duties as such may bring an action thereon in the name of the state of North Dakota. [1931] Sec. 36-0606. Revocation of weighmaster's license. Any person may make a written complaint to the chief inspector of the department of weights and measures against any licensed weighmaster. If the complaint on its face appears to be meritorious, the chief inspector shall give the complainant and the weighmaster complained against at least twenty days' notice of the time when and place where he will hear such complaint. Such notice may be given to the complainant by mail but shall be served upon the weighmaster personally or by registered mail. The notice served upon the weighmaster shall contain, or be acompanied by, a clear and concise statement of the charges made against him and shall notify him that unless an answer to such charges is served upon the chief inspector at least three days prior to the date specified for the hearing, the charges will be deemed admitted and the license canceled. At such hearing, the chief inspector may administer oaths and shall hear such evidence as may be submitted on behalf of the complainant and of the weighmaster, and upon such evidence, the chief inspector shall make his order dismissing the complaint or canceling the license, whichever is warranted in his judgment by the evidence. [1931] Sec. 36-0607. Remuneration of weighmaster. The remuneration of the licensed and bonded weighmaster shall be paid by the packing plant by which he is employed. [1931] Sec. 36-0608. Penalty for wrongful weighing or issuing of a false scale ticket. The wrongful weighing or the willful issuance of a false scale ticket by a weighmaster shall be a misdemeanor punishable by imprisonment in the county jail for not more than thirty days or by a fine of not more than one hundred dollars, or by both such fine and imprisonment. [1931] Revised Code of 1943, Vol. 4, Title 36, Ch. 20Stockyard Scales. Sec. 36-2001. Erection and maintenance of scales, etc. by railroad companies. Every railroad company operating in this state, when ordered to do so by the public service commission, shall erect and maintain at its stations: 1. Stockyards for the loading of livestock to be shipped over its line; Revised Code of 1943, Vol. 4, Title 36, Ch. 20 Stockyard Scales Continued. 2. Enclosed and suitable sheds, feed racks, watering troughs, and scales in connection with such stockyards; [1915; last amended 1925.] Sec. 36-2008. Violation a misdemeanor. Any person, association, company, or corporation violating or failing to comply with any provision of this chapter [Secs. 36-2001-36-2008] is guilty of a misdemeanor.1 [1901; last amended. 1917.] 1 See Sec. 12-0107, page 763, punishment for misdemeanor. 1947 Supplement to the Revised Code of 1943, Title 36, Ch. 21-Weighing of Livestock at Public Markets. Sec. 36-2114. Licensing of weighmen; fees. No person shall serve in the capacity of weighman at any public market without first having secured a license. Applications for such license shall be made on forms furnished by the Public Service Commission and shall be acompanied by a fee of two dollars and fifty cents and shall contain such information as may be required by the board [state livestock sanitary board]. [1947] Sec. 36-2115. Livestock sold subject to weight at place and day of sale. All livestock sold by weight at any public market shall be sold subject to weight at the place of sale on the day sold by the auctioneer. [1947] Sec. 36-2116. Licensing; duration; renewals; refusal; revocation or suspension. All weighmen's licenses issued in accordance with the provisions of this Act (36-2114) shall be for a period of one year and shall expire on December thirty-first next following the date of issuance. All applications for the renewal of any such license shall be made in the same manner as for the original license. The Public Service Commission may refuse to grant such a license or may revoke or suspend any such license, for the violation of any of the provisions of this Act [Secs. 36-2114— 36-2118] or of any of the rules and regulations adopted pursuant to the provisions of this Act. Before such suspension or revocation becomes effective the party shall be notified by the Public Service Commission of its intention to refuse, revoke, or suspend the license and such person shall be given ten days in which to request a hearing before the Public Service Commission which request shall be made in writing by registered mail. The Public Service Commission may summon witnesses and may take testimony at such hearings. [1947] Sec. 36-2117. False weighing. No licensed weighman shall misweigh or falsely report any weights or otherwise fraudulently manipulate the scales to produce a weight other than the true and actual weight of any livestock, poultry, or other agricultural and horticultural products consigned to and sold at any public market. [1947] Revised Code of 1943, Vol. 4, Title 38, Ch. 1—Mine Scales, Weighman and Checkweighman. Sec. 38-0102. Weighmen and check weighmen: Oath; violations; prosecution. The weighman at each mine shall subscribe to an oath or affirmation, before an officer authorized to administer oaths, that he will do justice between employer and employee and will truly and correctly weigh the output of coal from such mine. Such oath or affirmation shall be posted conspicu ously in the office of the weighman. The miners employed by or engaged in working for any mine owner, operator, or lessee of any mine in this state may employ at their own expense a check weighman who shall have the same rights, powers, and privileges in the weighing of coal as the regular weighman and shall be subject to the same oath or affirmation and penalties as the regular weighman. Any weigher of coal, and any person so employed, who shall violate knowingly any of the provisions of this section, or any owner, operator, or agent of any coal mine in this state who shall forbid the miners to employ or use, or who shall hinder their employing or using, a check weighman as provided in this section, or who shall interfere with or willfully obstruct any such check weighman in the discharge of his duty, shall be guilty of an offense against the provisions of this title [Secs. 38-0101-38-1011]. Whenever the inspector shall be satisfied that any provision of this section has been violated willfully, he shall inform the state's attorney of the county in which the vio lation occurred of the same together with all the facts within his knowledge. The state's attorney shall investigate the charges preferred, and if he is satisfied that the provisions of this section have been violated he shall prosecute the persons guilty thereof. [1919] Sec. 38-0103. Fraudulent means in weighing prohibited. No person weighing the output of coal at any mine shall use or resort to any fraudulent mean in such weighing. [1919] Sec. 38-0108. Violations; penalty. 1. Willfully neglect, refuse, or fail to perform any duty required of him under the provisions o this title [Secs. 38-0101-38-1011] relating to coa mines; shall be guilty of a misdemeano and, unless another penalty is specifically provided for such violation, shall be punished by a fine o not more than five hundred dollars or by imprison ment in the county jail for not more than six months, or by both such fine and imprisonment. [1919] Revised Code of 1943, Vol. 4, Title 38, Ch. 3-Mine Sec. 38-0307. Duties of state coal mine inspector. 2. Make inquiry into the condition of such mine scales, and into all methods and things connected therewith or relating thereto; [1919; last amended 1943.] Sec. 38-0315. Inspector to be sealer of weights and measures; powers and duties. The inspector shall be ex officio a sealer of weights and measures relating to coal mines and coal mining. He may test and compare all weights and measures used in weighing and measuring coal or in measuring air passages or other openings at any coal mine with the standards of weights and measures kept by the state inspector of weights and measures. Upon the written request of any coal mine owner or operator or of any ten coal miners employed at any one mine, the inspector shall test and prove any scale or scales at such mine described in such request. The powers of the inspector under this section shall be coextensive with those of the state inspector of weights and measures except that if any test made by the inspector conflicts with a test made by the chief inspector of weights and measures, the test of the state coal mine inspector shall prevail. [1919] Sec. 38-0316. Test weights furnished inspector; custody; reimbursement for handling. The inspector shall be furnished by this state with such sets of standard weights suitable for testing the accuracy of track scales and all smaller scales at mines as in his judgment may be necessary. Such test weights shall remain in the custody of the inspector for use at any point within this state. For any amounts expended by him for the storage, transportation, or the handling of such weights, the inspector shall be reimbursed upon making a proper entry of the proper items in his expense voucher. [1919] Revised Code of 1943, Vol. 5, Title 49, Ch. 2Public Utilities. Sec. 49-0207. Testing appliances on request of consumer; fee. Any consumer or user of any product, commodity, or service of a public utility may have any appliance used in the measurement thereof tested by paying the fees fixed by the commission [public service commission]. The commission shall establish and fix reasonable fees to be paid for testing such appliances. [1919] Sec. 49-0208. Testing gas and electric meters. The commission [public service commission] shall make tests, from time to time, of meters of public utilities used: 1. To measure the amount of electric current passing through such meters to consumers; 2. To measure the amount of gas passing through such meters for use of its customers; [1937] 4. Establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements; and 5. Provide for the examination and testing of any and all such appliances used for the measurement of any product, commodity, or service of any public utility. [1919] Revised Code of 1943, Vol. 5, Title 49, Ch. 12— Track Scales. Sec. 49-1221. Track scales to be installed; regulations. The commission [public service commission] may require any railroad corporation to install track scales where necessary. A railroad corporation shall install suitable scales upon or adjacent to any loading platform. The commission may enforce reasonable regulations for the weighing of cars and freight. [1895; last amended 1919.] Sec. 49-1222. Penalty for failure to erect scales. Every railroad corporation neglecting or refusing to comply with the requirements of section [s] 49-1221 shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars for each thirty day period such failure shall continue after notice is given [1895; last amended 1919.] Revised Code of 1943, Vol. 5, Title 60, Ch. 2— Grain Warehouses. Sec. 60-0201. Definitions. In this chapter [Secs. 60-0201-60-0241], unless the context or subject matter otherwise requires: 1. "Commission" shall mean the public service commission; 2. "Public warehouseman" shall mean the person, association, copartnership, or corporation owning or operating public warehouses which are located or doing business within this state, whether such owner or operator resides within this state or not; 3. "Public warehouse" shall include respectively: a. All buildings, elevators, and warehouses; b. All grist and flour mills; and c. Cereal and feed mills doing a shipping business in this state, erected and operated by any person, association, copartnership, or corporation, for the purpose of public buying, selling, storing, and shipping grain for profit. Nothing in this subsection shall be construed to require any person operating a flour, cereal, or feed mill, doing manufacturing business only, to receive, store, or purchase at said mill any kind of grain; 5. "Grain" shall include wheat, durim, oats, rye, barley, buckwheat, flaxseed, speltz, and corn; 6. "Seeds" shall include clover, millet, alfalfa, and all other grass seeds. [1895; last amended 1933.] Sec. 60-0203. Enforcement. The commission shall: 1. Exercise general supervision of the public warehouses of this state, including the handling, weighing, and storing of grain, and the management of public warehouses; 2. Investigate all complaints of fraud and injustice, unfair practices, and unfair discrimination; 4. Make all proper rules and regulations for carrying out and enforcing any law in this state regarding public warehouses. [1895; last amended 1929.] Sec. 60-0210. Warehouse license to be posted; penalty; revocation of license. The license obtained by a public warehouseman shall be posted in a conspicuous place in the public warehouse licensed. Any public warehouseman who shall transact business without first procuring a license, upon conviction, shall be fined not less than twenty-five dollars for each day such business is carried on. The commission shall revoke the license of any warehouse for cause upon notice and hearing. [1895; last amended 1927.] Sec. 60-0211. Scale tickets. Every public warehouseman of this state, upon receiving grain into his warehouse, shall issue a uniform scale ticket for each load of grain so received. Such tickets shall be bound in books of convenient size, shall be numbered consecutively, and provision shall be made in said books for at least one carbon copy of each ticket. One carbon copy of each ticket shall be retained in said book and shall remain as a permanent record. The original ticket shall be delivered to the person from whom the grain is received, upon receipt of each load of grain. All such tickets shall be signed by the warehouseman, his agent, or manager. All scale tickets shall be converted into cash or storage tickets at the close of each day's business. The office copy of each scale ticket shall show the number of the cash ticket or storage ticket issued in lieu thereof. [1895; last amended 1927.] Sec. 60-0212. False weighing; penalty. Any person, who knowingly shall cheat, or weigh falsely any wheat or other agricultural product, or who shall violate any of the provisions of this chapter [Secs. 60-0201-60-0241], where punishment is not specifically provided for, shall be guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a period of not more than one year [1895; last amended 1927.] Sec. 60-0214. Stub record to show net weight and dockage A stub record or carbon copy shall be attached to each receipt issued by a warehouseman, as i provided by this chapter [Secs. 60-0201-60-0241] showing: 1. The serial number and date of receipt; 2. The kind and grade of grain; and 3. The dockage and net weight of the grain Such record shall remain in the possession of th warehouseman for inspection by the commission and persons properly interested. All special bir receipts and stub records thereof shall have marke plainly thereon the words "special bin." [1927] Sec. 60-0215. Warehouse receipts issued by public termina elevators. Every public terminal grain elevator, on receip of any grain or other produce, shall issue a war house receipt therefor and deliver it to the owne or according to his order. Such receipt, in the cas of grain, shall state the following: 9. The marks, if any, the weight or quantit the grade and condition of the commodity at th time it entered storage; 11. That the weight, grade, and condition |