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guaranteed by the sellers. The said cotton weigher shall render to the county board of commissioners a monthly statement of the cotton weighed by him, and shall pay to said board as compensation for the use of the platform and equipment, after deducting the cost of maintaining the blanket insurance to cover, during the cotton season, at least fifty bales of cotton left upon the platform for sale, as hereinabove provided for, one cent per bale for all cotton weighed on said platform and one-half the amount collected for cotton remaining on the platform more than three days. All other moneys received by virtue of the charges herein provided for shall be retained by the cotton weigher for his compensation and expenses. The county board of commissioners shall have power to remove from his office the said cotton weigher after at least three days' notice why he should not be removed, and on sufficient cause being shown, and said board shall fill any vacancy in the manner hereinabove provided for the election of a cotton weigher.

(2) Any and every person, for himself or as agent, and any corporation who shall sell or buy in such city or township any cotton bale or bales contrary to the provisions of sub-section 1, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not exceeding fifty dollars, or imprisonment for not exceeding ten days for each offense.

(3) It shall be the special duty of the sheriff, the rural policemen, if any, and the magistrates' constables in the county in which such city may be situate, and of the city policemen, to be on the lookout for violations of the provisions of this section, and upon information or belief to swear out warrants and cause prosecutions for the same; and it shall likewise be the duty of the solicitor and of the city attorney to prosecute in such cases. [1911] Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 5–

Flour and Grain, Tolls Take for Grinding. Sec. 6544. Quantity of commodity taken for toll.

No person shall take more toll for grinding corn, wheat, rye or any other grain into good meal or flour than one-eighth part of any quantity under ten bushels, and for ten bushels, or any quantity above, at one time brought, one-tenth part only, and for all grain, as aforesaid, chopped for hominy, feeding stock or for distilling, one-sixteenth part. (1785) Sec. 6545. Penalty.

Any person or persons taking more toll than hereinbefore directed shall be subject to pay a fine to the amount of ten times the value of the toll so taken, to be recovered in the most summary way before the nearest magistrate; one-half to the prose cutor and the other half to the person aggrieved. [1785]

Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 7–

Pork, Beef, Turpentine and Tar Barrels. Sec. 6560. Barrels of pork and beef: Number of gallons;

weight; packing.

Every barrel of pork or beef packed and sold in this State shall contain thirty gallons and two hundred pounds weight of wholesome, well-cured meat in the same, which shall be weighed by the packers, and well packed with salt and pickle, each piece not to weigh more than eight pounds, and not to be cut or mangled further than to take out the kernels or where bones require it, and not more than two heads in one barrel of pork. No beef's head or shanks shall at all be packed. (1746) Sec. 6565–1. Turpentine barrel, weight; tar barrel, number of

gallons.

In the absence of satisfactory proof of a special stipulation to the contrary, it shall be presumed and held that the quantity and weight of crude turpentine to make a barrel thereof is two hundred and eighty pounds, and that the quantity of tar to make a barrel thereof is thirty-two gallons. [1746; last amended 1870.) Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 7—

Staves and Shingles. Sec. 6565. Standards.

All staves to be made for exportation, and all shingles which shall be offered for sale in this State, shall be made of good and sound timber, and shall be of the following dimensions, to wit: each pipe stave to be made of white oak, fifty-eight inches long, and not less than three-quarters of an inch thick at the thin edge, and three inches broad, clear of sap; each hogshead stave to be made of red or white oak, forty-two inches long, not to be less than three-quarters of an inch thick at the thin edge, and four inches broad, clear of sap; and each barrel stave of red or white oak, to be thirty inches long, not to be less than half an inch thick at the thin edge, and four inches broad, clear of sap; and each shingle to be twenty-two inches in length, and not less than half an inch thick at the thick end, and well shaved, so as not to be winding, and not less than three inches and a half broad, clear of sap. (1746) Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 10

Commercial Feeding Stuffs. Sec. 6587. Marking requirements; standard weight packages.

Every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale within this State shall have affixed thereto, or printed thereon in a conspicuous place on the outside thereof, a legible and plainly printed statement, in the English language, clearly and truly certifying the weight of the package (provided that all con

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Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 10—

Commercial Feeding Stuffs—Continued. centrated commercial feeding stuffs shall be in standard weight bags or packages of 25, 50, 75, 100, 125, 150, 175, or 200 pounds);

(1910; last amended 1936.] Sec. 6588. Definition.

The term "concentrated commercial feeding stuffs" shall be held to include all feeds used for live stock and poultry, except whole hays, straw, cotton seed hulls and corn stover, when the same are not mixed with other materials; nor shall it apply to the unmixed whole seeds or grains of cereals when not mixed with other materials, and when not in damaged condition as determined by inspection to be unfit for feed purposes, mixed or unmixed. [1910] Sec. 6593. Seizure.

Any manufacturer, importer, jobber, agent or dealer who shall sell, offer or expose for sale or distribution in this State any concentrated commercial feeding stuff, as defined in section 6588, without complying with the requirements of sections 6587 thru 6592,

shall be guilty of a violation of sections 6587 thru 6600, and the lot of feeding stuffs in question shall be seized and condemned, sold or destroyed by the commissioner of agriculture, or his duly authorized representative, and the proceeds from said sales shall be covered into the state treasury for the use of the department executing the provisions of sections 6587 thru 6600. Such seizure and sale shall be made by the commissioner of agriculture, or under the direction of an officer of his appointment. * * *. The commissioner of agriculture, however, may in his discretion, release the feeding stuffs so withdrawn when the requirements of the provisions of sections 6587 thru 6600 have been complied with and upon payment of all the costs or expenses incurred in any proceeding connected with such seizure and withdrawal. (1910; last amended 1941.) Sec. 6597-4. Penalty for violations.

Any manufacturer, importer, jobber, agent or dealer who shall violate any of the provisions of sections 6587 thru 6600, or the regulations adopted by the commissioner of agriculture, upon conviction thereof, shall be fined not exceeding fifty dollars for the first offense nor more than two hundred dollars for each subsequent offense, and the proceeds from such fines shall be covered into the state treasury for use of the department executing the provisions of sections 6587 thru 6600. [1906; last amended 1910.] Sec. 6598. Notification of violation.

Whenever the commissioner of agriculture, or his duly authorized representative, becomes cog

nizant of any violations of the provisions of sections 6587 thru 6600 he shall immediately notify in writing the manufacturer, importer, jobber or dealer if same be known, and after thirty days he shall notify the circuit solicitor, who shall cause such person or persons so violating sections 6587 thru 6600 to be prosecuted in the manner required by law. [1910; last amended 1941.] Sec. 6600. Inspectors.

The commissioner of agriculture shall appoint such analysts, chemists and inspectors as may be required to carry out the provisions of sections 6587 thru 6600, and any part of the labor of analysts and chemists, upon request of the commissioner of agriculture, shall be performed by the South Carolina experiment station, with such compensation therefor as may be approved by the said commissioner of agriculture. Such inspectors shall also assist in the enforcement of the Pure Food and Drug Law of the State. [1910; last amended 1941.)

1 See Sec. 5128–27, page 918. Code of Laws 1942, Vol. 3, Title 34, Ch. 139, Art. 2–

Containers for Fruits and Vegetables. Sec. 6663. Enforcing agency.

The division of markets of the extension service is charged with the execution of the provisions of sections 6662 to 6672, and has authority to employ such agents and assistants as may be necessary, fix their compensation and define their duties, and require bonds in such amount as the chief of the division of markets deems advisable, conditioned upon the faithful performance of duties by any employee or agent: provided, that no said compensation, or other expenses involved in the execution of sections 6662 to 6672, shall be a charge against the state. [1921] Sec. 6665. Establishment and promulgation of standards.

After investigation, and from time to time as may be practicable and advisable, the division of markets of the extension service shall have authority to establish and promulgate standards of open and closed receptacles for, and standards for the grade and other classification of farm products, by which their quantity, quality and value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required for receptacles for farm products, for the purpose of showing the name and address of the producer or packer; the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto, and for the purpose of establishing a state brand for any farm product produced in South Carolina: provided, that any standard for any farm product or receptacle therefor, or any requirement for marketing receptacles for farm products, now or hereafter established under authority of the Congress of the United States, shall forthwith, as far as applicable, be established or prescribed and promulgated as the official standard of requirement in this State: provided, further, that no standard established or requirement for marketing prescribed under sections 6662 to 6672 shall become effective until the expiration of thirty days after it shall have been promulgated. [1921] Sec. 6666. Packing according to regulations; exceptions; enforcement.

Whenever any standard for an open or closed receptacle for a farm product shall be made effective under said sections no person shall pack for sale in and deliver in a receptacle, or sell in and deliver in a receptacle, any such farm product to which such standard is applicable, unless the receptacle conforms to the standard, subject to such variations therefrom as may be allowed in the rules and regulations made under said sections: provided, that the requirements as to receptacle shall not apply to produce sold or offered for sale in less than car lots. Whenever any requirement for the marketing, branding or labeling of a receptacle for a farm product becomes effective under said sections, no person thereafter, shall pack for sale, offer for sale, consign for sale, or sell and deliver any such farm product in a receptacle to which such requirement is applicable, unless the receptacle be marked, branded or labeled according to such requirement, or unless such product be brought from outside the State and offered for sale, consigned for sale, or sold in the original package. The chief of the division of markets is authorized at any time to cause such inspections and classifications to be made and such certificates to be issued, as he may deem necessary to enforce the provisions of said sections. Such inspections to be made without charge only when no request is made by grower, shipper, receiver or any other party, and inspection is made for the purpose of demonstration or for enforcing the provisions of said sections. [1921) Sec. 6669. Regulations to conform to United States regulations.

The division of markets is authorized to make and promulgate such rules and regulations as may be necessary to carry out the provisions of sections 6662 to 6672. Such rules and regulations shall be made to conform as nearly as practicable to the rules and regulations of the secretary of agriculture of the United States prescribed under any act of Congress of the United States relating to the marketing of farm products. [1921) Sec. 6670. Violation a misdemeanor.

Any person who violates any provisions of secs. 6662 to 6672, or of the rules and regulations made under the article for carrying out its provisions, or fails or refuses to comply with any of the require

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ments thereof, or who wilfully interferes with agents or employees in the execution or on account of the execution of his or their duties, shall be guilty of a misdemeanor. [1921) Sec. 6671. Punishment.

Any person convicted of a misdemeanor under secs. 6662 to 6672 shall be punished by a fine of not more than one hundred ($100.00) dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment, in the discretion of the court. [1921] Code of Laws 1942, Vol. 4, Title 36, Ch. 150, Art. 6—

Coal. Sec. 7529. Weighing of coal in cities and towns not under

10,000 inhabitants; penalty.

The municipal authorities of the cities and towns of this State of not less than ten thousand inhabi. tants are hereby empowered to require all dealers of coal to weigh all coal sold within the limits of such cities and towns upon the public scales of such cities and towns and to impose a charge therefor of not more than ten cents for each draft. Said municipal authorities may enforce the provisions of this section by such fine and imprisonment as may be now or hereafter prescribed by law for the violation of the ordinances of such cities or towns. (1896) Code of Laws 1942, Vol. 4, Title 38, Ch. 159-A

Public Utilities.
Sec. 8209. Public utility defined.

(c) The term “public utility,” when used herein includes every corporation and person furnishing or supplying in any manner gas, electricity, heat, electric power, water and street railway service, or any of them, to the public, or any portion thereof, for compensation. [1910; last amended 1935.) Sec. 8210. Powers of commission.

(a) The public service commission is hereby, to the extent granted, vested with power and jurisdiction to supervise and regulate the rates and service of every "public utility' in this State as defined in sections 8209

*, together with the power, after hearing, to ascertain and fix such just and reasonable standards, classifications, regulations, practices and measurements of service 1 to be fur. nished, imposed, observed and followed by every "public utility” in this State as defined in sections 8209 thru 8213 and the State hereby asserts its rights to regulate the rates and services of every "public utility" herein defined. [1910; last amended 1935.)

1 Rules and regulations established under the provisions of this section include the definition of a cubic foot of gas, requirement of meters and testing thereof; regulation and testing of electric meters; and providing penalties therefor. See p. 719, Code of Laws of s. C., 1942.

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Code of Laws 1942, Vol. 4, Title 38, Ch. 160, Art. 5

Railroad Track Scales.

Sec. 8303. Cotton: How classified by common carriers.

All cotton packed in bales transported by common carriers within the limits of this State shall be classed as "heavy goods”-that is to say, an article to be weighed, and charged for and treated accordingly: provided, that any common carrier before receiving such cotton for shipment, shall have the right to demand from the shipper the weights of the several bales thereof, and to adopt the same as the weights upon which freight is to be charged; and in case of loss, no recovery shall be had by any shipper for a greater amount than the weights so furnished by him. (1889] Sec. 8319. Consignees may have product reweighed.

Any consignee of coal or other articles to be delivered to him in car-load lots by any common carrier at any point within the limits of this State where such common carrier maintains track scales, shall have the right to demand that such coal or other articles be reweighed before delivery to him by said common carrier; and it shall be the duty of such common carrier, within forty-eight hours after such demand, to reweigh the same and deliver to such consignee a written, or partly written and partly printed statement, showing the true weight thereof. [1906) Sec. 8320. Penalty against carrier for violating preceding

section.

Any common carrier refusing or failing to comply with any of the provisions of section 8319 shall forfeit the right to any freight incurred through transportation of such coal or other article, or in the event that such freight shall have been prepaid, shall be liable as a penalty to the said consignee for the amount of freight so prepaid, to be recovered by suit in any court of competent jurisdiction. [1906] Sec. 8322. Maintenance of scales by common carrier.

It shall be the duty of any common carrier doing business in this State, upon demand of any party or any industrial enterprise having a sidetrack adjacent to and used in connection with the business of the said party or industrial enterprise, to erect and maintain on the said sidetrack suitable scales for reweighing the said coal or other articles, in carload lots: provided, however, the said party or industrial enterprise shall agree and become liable to the said common carrier to pay the amount incurred by said common carrier in the erection and maintenance of the said scales. In such event, it shall be the duty of the said common carrier to reweigh such coal or other articles delivered in

car-load lots to the said party or industrial enterprise upon said sidetrack, as provided for in section 8319. Upon refusal so to weigh, the said common carrier shall be liable for the same penalties heretofore provided in sections 8319 to 8322, inclusive. [1906] Sec. 8323. Public service commission to have jurisdiction;

penalty

All railroad track and platform scales, which are used in connection with shipping, are hereby placed under the jurisdiction of the public service commission, for inspection, and to require new scales when needed, and to require the installation of such scales whenever in their opinion same is necessary for the needs of the public. A failure or refusal to carry out instructions of said commission, in reference to said scales, shall be punished by a penalty of two hundred dollars for each refusal, to be recovered by suit in any court of competent jurisdiction by any person or corporation aggrieved; and any sum so recovered shall be turned into the state treasury for general use. [1912; last amended 1935.) Code of Laws 1942, Vol. 1, Title 21, Ch. 70_False

Advertising
Sec. 1379. Unlawful acts; penalty.

Any person, firm, corporation or association who knowingly with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this State, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is intentionally untrue, shall be deemed guilty of a misde meanor; and upon conviction shall be punished by a fine of not less than one hundred ($100.00) dollars or more than five hundred ($500.00) dollars, or imprisonment at hard labor for not less than thirty (30) days or more than six months, in the discretion of the court. [1924]

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Sec. 63.0101 Secretary of agriculture as sealer of weights

and measures; deputies; power to arrest,
etc.; reports

929 63.0102 Supervision of weights and measures; state

institution inspection; state university co-
operation

929 63.0103 Duty of inspection and testing; packaged

commodities; right of entry; duty to
prosecute

929 63.0104 Sealing after inspection

930 63.0105 Faulty devices: Condemnation for repairs

or confiscation
63.0106 Inspection upon complaint

930 63.0107 Prosecution

980

Code of 1939, Vol. 3, Title 63, Ch. 63.99–Weights and

Measures, Penal Provisions Sec. 63.9901 Obstructing enforcement

935 63.9902 Preventing inspection and testing; violation of rules and regulations

935 63.9903 Impersonation of officers

935 63.9904 False milk or cream containers; testing ---- 936 63.9905 Use or sale of false or condemned weights

and/or measures; selling less than quan-
tity represented

936 63.9906 Heavy scale regulations

936 63.9907 False stamping of weight

936 63.9908 Fraudulently increasing weight

936 63.9909 General provisions

937 Code of 1939, Vol. 3, Title 45, Ch. 45.02—Municipal

Government, Powers of All Municipalities Sec. 45.0201 Powers of all municipalities

937 45.0202 Same: Additional powers

937

930

Code of 1939, Vol. 3, Title 63, Ch. 63.02–Weights and

Measures, State Chemist

Sec. 63.0201 State standards; custody; testing and seal

ing of office and working standards 930 63.0202 State chemist to act as technical advisor 931

Code of 1939, Vol. 3, Title 63, Ch. 63.03—Weights and

Measures, Public Utilities Commission

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Sec. 63.0301 Heavy scale and weight supervision; rules and regulations; jurisdiction

931 63.0302 Inspectors

931 63.0303 Public utilities commission may acquire standards

931 63.0304 Inspection; sealing; condemning; right of entry

931 63.0305 Fees for testing; charges for repair work 932

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Code of 1939, Vol. 3, Title 63, Ch. 63.04–Weights and

Measures, Definitions and Application Sec. 63.0401 Meaning of net weight construed

63.0402 Definitions

932 932

Code of 1939, Vol. 3, Title 63, Ch. 63.05–Weights and

Measures, General Units

Code of 1939, Vol. 1, Title 4, Ch. 4.99—Potatoes, Penal

Provisions Sec. 4.9903 Penalty for violation of chapter 4.09 938 Code of 1939, Vol. 1, Title 22, Ch. 22.01—Food, Drugs,

Oils, and Compounds: Department of Agriculture Sec. 22.0101 Powers and duties

938 22.0102 Secretary of agriculture to establish standards; rules for enforcement

938

Sec. 63.0501 Standards of weights and measures; units of length and surface

932 63.0502 Units of weight

933 63.0503 Gallon; barrel; hogshead

933 63.0504 Milk and cream bottles; tolerances

933

Code of 1939, Vol. 1, Title 22, Ch. 22.02—Food, Drugs,

Oils, and Compounds: State Chemist Sec. 22.0201 Duties

Code of 1939, Vol. 3, Title 63, Ch. 63.06–Weights and

Measures, Agricultural Weights and Measures

939

Sec. 63.0601 Dockage regulation

933 63.0602 Standard bushel weights for commodities 933 63.0603 Weight and container for berries and small fruits

934 63.0604 Sale by weight of butter and butter substitute

934 63.0605 Hay to be sold by weight; exception 934 63.0606 Hay in stack: Legal measurement by volume 934 63.0607 Same: Measurement of cubic contents of rick or loaf shaped stack

984 63.0608 Same: Measurement of round stack

935

Code of 1939, Vol. 1, Title 22, Ch. 22.04—Food, Drugs,

Oils, and Compounds: Food Sec. 22.0401 Definition

939 22.0403 When food deemed misbranded

939 22.0404 Guaranty protection

999 22.0405 Seizure and condemnation

939 22.0406 Manufacture of misbranded food unlawful; penalty

940 22.0407 Transportation, sale, keeping, etc. of mis

branded food unlawful; penalty; excep-
tion

940

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