such grain or produce were determined by inspectors licensed under law; [1925]

Sec. 60-0216. Warehouse receipts.

A warehouse receipt shall:

1. Be issued only upon the actual delivery of grain to the warehouse for storage;

2. Contain the following provisions:

d. The gross weight, dockage, and net weight of the grain according to North Dakota standard weight; [1927; last amended 1933.]

Sec. 60-0222. Warehouseman liable for quantity.

A public warehouseman shall be liable to the owner for the delivery of the kind, grade, and quantity of grain called for by the warehouse receipt. [1927]

Sec. 60-0223. Records of warehouseman.

Every public warehouseman shall keep a record of all grain received, stored, and shipped, stating the:

1. Weight;

2. Grade;

3. Dockage for dirt or other causes;

4. Name of owner;

5. Price paid; and

6. Storage charge collected. [1927]

Sec. 60-0226. Standard weights to be used; exception.

No person purchasing, selling, or storing grain in any public warehouse in this state shall use any measure for such grain other than the standard bushel1, and no number of pounds shall be used or called a bushel other than the number of pounds provided by law as the standard weight of the kind of grain in question, except that during the months of October and November, not exceeding eightytwo pounds, and during the months of December and January, not exceeding seventy-six pounds, may be used as the standard weight per bushel of new ear corn. [1909; last amended 1927.]

1 See Sec. 64-0105, page 743; standard weight of bushel. Revised Code of 1943, Vol. 5, Title 60, Ch. 3Roving Grain Buyers.

Sec. 60-0301. Definition.

The term "roving grain buyer", when used in this chapter [Secs. 60-0301-60-0311], unless the context thereof otherwise requires, shall mean any person, copartnership, association, or corporation, other than warehousemen and track buyers, who shall buy grain from producers for resale and delivery within or without the state or for resale in the local markets. Nothing contained in this chapter shall apply to public warehouses or public

warehousemen and track buyers as defined in chapter 2 of this title [Secs. 60-0101-60-0855]. [1937]

Sec. 60-0306. False weighing; penalty.

Any person who knowingly shall cheat the seller of grain by false weight or otherwise, or who shall violate any provisions of this chapter [Secs. 60-0301 -60-0311] where punishment is not otherwise 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 not less than ninety days nor more than one year, or by both such fine and imprisonment. [1937]

Sec. 60-0307. Public service commission to make rules and regulations.

The commission [public service commission] shall make such rules and regulations governing the business of roving grain buyers and shall issue such licenses as may be necessary and proper for the carrying into effect of the purposes of this chapter [Secs. 60-0301-60-0311]. Any person or corporation violating any of such rules or regulations is guilty of a misdemeanor1 and shall be punished accordingly. [1937]

1 See Sec. 12-0107, below; punishment for misdemeanor. Revised Code of 1943, Vol. 1, Title 12, Ch. 1—Misdemeanors.

Sec. 12-0107. Punishment when not otherwise prescribed.

Except in cases where a different punishment is prescribed by law, every offense declared to be à misdemeanor is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. [1895]

Revised Code of 1943, Vol. 5, Title 5, Ch. 12-False Advertising.

Sec. 51-1201. Unlawful acts.

No person, firm, corporation, or association with intent to sell, dispose of, increase the consumption of, or induce the public to enter into an obligation relative to, or to acquire title or interest in any food, drug, medicine, patent and proprietary product, merchandise, security, service, medical treatment, paint, varnish, oil, clothing, wearing apparel, machinery, or anything offered to the public, shall make, publish, disseminate, circulate, or place before the public, or directly or indirectly shall cause to be made, published, disseminated, circulated, or placed before the public in a newspaper, or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, tab, label, letter, or in any other way, an advertisement which contains any assertion, representation, or statement of fact which is untrue, deceptive, or misleading regarding such food, drug, medicine, patent and

Revised Code of 1943, Vol. 5, Title 5, Ch. 12-False Advertising-Continued.

proprietary product, merchandise, security, service, medical treatment, paint, varnish, oil, clothing, wearing apparel, machinery, or anything offered to the public. [1913]

Sec. 51-1202. Penalty for violations.

Any person, firm, corporation, or association violating the provisions of section 51-1201, or aiding another to violate the same, is guilty of a misdemeanor, and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars

for the first offense, and for each subsequent offens shall be punished by a fine of not less than on hundred dollars, or by imprisonment in the count jail for not more than sixty days, or by both suc fine and imprisonment. [1913]

Sec. 51-1203. Enforcement.

The state's attorneys, sheriffs, peace officer health officers, and the state laboratories depar ment shall enforce the provisions of section 51-120 and shall have ingress to and egress from all place of business where it is believed that section 51-120 is being violated. [1913]

General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-State Sealer of Weights and Measures.

Sec. 1088. Director of agriculture as state sealer: Duties.

The director of agriculture shall be state sealer, and shall make, promulgate and enforce such rules and regulations as may be necessary to the prompt and effective enforcement of the weights and measures laws of this state. The standards of weights and measures adopted by the state shall be deposited in a suitable room at Columbus, and be kept in suitable cases, to be opened only for the purpose of comparing them with such standards and copies which by law are furnished for the use of the several counties or villages unless by joint resolution of the general assembly, or upon a call of either house for information, or by order of the governor for scientific purposes, it is otherwise ordered. The director of agriculture shall, once every three years, require each county auditor and city or village sealer, in this state, to present all standards of weights and measures in their possession to him for comparison with the standards adopted by the state, and he shall condemn and destroy all of such standards as do not conform with the standards adopted by the state. Each county auditor and each city and village sealer shall be required to procure copies of all the original standards adopted by the state named in section 1088-3 of the General

Code, except such standards now in their possession as the director of agriculture shall find to conform with the standards adopted by the state. It shall be the duty of the director of agriculture to advise and assist all county, city and village sealers, and generally be charged with the enforcement of all laws relating to weights and measures, and in the performance of such duties it may use the service of any person employed in his department. The director of agriculture or any person employed by him for that purpose may try and prove any weights, measures, balances and any other weighing or measuring devices, on request from any person, and when the same are found or made to conform to the state standards shall cause the same to be sealed and marked as provided in section 2616 of the General Code. The director of agriculture shall have authority to call conferences of county and city sealers of weights and measures and their deputies, for the purpose of instructing such sealers and deputy sealers in the proper administration of weights and measures laws and regulations. Traveling expenses incurred by such officials shall be paid out of the proper county or city treasury upon the presentation of a certificate from the director of agriculture certifying the fact of such attendance, and upon allowance by the proper county or city authority. [1945]

1 See page 769.