Sec. 43-321. Test and examination; fees.

The commission [public utilities commission] shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user. [1913]

Code, 1940 Edition, Title 43, Ch. 6-Public Utilities, Inspectors of Gas and Electric Meters.

Sec. 43-603. Appointment of inspectors; duties; inspecting meters upon request.

The commission [public utilities commission] shall appoint inspectors of gas meters, whose duty it shall be, when required by the commission, to inspect, examine, prove, and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of gas for light, heat, or power furnished by any person or corporation to or for the use of any person or corporation, and when found to be or made to be correct, the inspector shall seal all such meters and each of them with some suitable device, which device shall be recorded in the office of the commission.

No corporation or person shall furnish, set, or put in use any gas meter which shall not have been inspected, proved, and sealed by an inspector of the

commission.

The commission shall appoint inspectors of electric meters, whose duty it shall be, when required by the commission, to inspect, examine, and ascertain the accuracy of any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electric current furnished for light, heat, or power by any person or corporation to or for the use of any person or corporation, and to inspect, examine, and ascertain the accuracy of all apparatus for testing and proving the accuracy of electric meters; and when found to be or made to be correct the inspector shall stamp or mark all such meters and apparatus with some suitable device, which device shall be recorded in the office of the commission. No corporation or person shall furnish, set, or put in use any electric meter the type of which shall not have been approved by the commission or any meter not approved by an inspector of the commission.

Every gas corporation and electrical corporation shall provide, repair, and maintain such suitable premises and apparatus and facilities as may be

required and approved by the commission for testing and proving the accuracy of gas and electric meters furnished for use by it, and by which apparatus every meter may be tested.

If any consumer to whom a meter has been furnished shall request the commission in writing to inspect such meter, the commission shall have the same inspected and tested; if the same, on being so tested, shall be found to be more than two per centum defective or incorrect to the prejudice of the consumer, the inspector shall order the gas or electrical corporation forthwith to remove the same and to place instead a correct meter, and the expense of such inspection and test shall be borne by the corporation; if the same, on being so tested, shall be found to be correct, the expense of such inspection and test shall be borne by the consumer.

The commission shall prescribe such rules and regulations to carry into effect the provisions of this section as it may deem necessary and shall fix uniform reasonable charges for the inspection and testing of meters upon complaint. [1913; last amended 1939.]

Code, 1940 Edition, Title 43, Ch. 9-Public Utilities, Penal Provision.

Sec. 43-906. Penalty for violations.

If any public utility shall violate any provision of chapters 1-10 [Secs. 43-101—43–1007] or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it for which a penalty has not been provided, or shall fail, neglect, or refuse to obey any lawful requirement or order made by the commission [public utilities commission], or any judgment or decree made by any court upon its application for every such violation, failure, or refusal, such public utility shall forfeit and pay to the District of Columbia the sum of two hundred dollars for each such offense. [1913]

Code, 1940 Edition, Title 33, Ch. 4-Narcotic Drugs. Sec. 33-412. Marking requirements.

(a) Whenever a manufacturer sells or disposes 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. [1938]

Sec. 33-422. Enforcement.

It is hereby made the duty of the major and superintendent of police of the District of Columbia to enforce all provisions of this chapter [Secs. 33401-33-425], except those specifically delegated, and to cooperate with all agencies charged with the

Code, 1940 Edition, Title 33, Ch. 4-Narcotic Drugs -Continued.

enforcement of the laws of the United States relating to narcotic drugs. [1938]

Sec. 33-423. Penalties for violations.

Any person violating any provision of this chapter [Secs. 33-401-33-425], or of any regulation made by the Board of Pharmacy under authority of said sections, shall upon conviction be punished, for the first offense, by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for not exceeding one year, or by both such fine and imprisonment, and for any subsequent offense by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment for not exceeding ten years, or by both such fine and imprisonment. [1938]

Code, 1940 Edition, Title 22, Ch. 14-False Advertising.

Sec. 22-1411. Unlawful acts.

It shall be unlawful in the District of Columbia

for any person, firm, association, corporation, or advertising agency, either directly or indirectly, to

display or exhibit to the public in any manner whatever, whether by handbill, placard, poster, picture film, or otherwise; or to insert or cause to be inserted in any newspaper, magazine, or other publication printed in the District of Columbia; or to issue, exhibit, or in any way distribute or disseminate to the public; or to deliver, exhibit, mail, or send to any person, firm, association, or corporation any false, untrue, or misleading statement, representation, or advertisement with intent to sell, barter, or exchange any goods, wares, or merchandise or anything of value [1916]

Sec. 22-1413. Same: Penalty.

Any person, firm, or association violating any of the provisions of section 22-1411 shall upon conviction thereof, be punished by a fine of not more than five hundred dollars or by imprisonment of not more than sixty days, or by both fine and imprisonment, in the discretion of the court. A corporation convicted of an offense under the provisions of section 22-1411 shall be fined not more than five hundred dollars, and its president or such other officials as may be responsible for the conduct and management thereof shall be imprisoned not more than sixty days, in the discretion of the court. [1916]

Peaches, dried Peaches, green

Cotton seed

Cotton seed, Sea Island

Plums

Pears

Guavas

[1901; last amended 1917.]

Pounds avoirdupois

per bushel

24

54

32

44

40

55

54

1 A slight change has been made in the arrangement for convenience of reference.

Sec. 531.02. Contracts governed by standards.

All contracts made within this state for work to be done or anything to be sold or delivered by weight or measure shall be taken and construed according to the standard of weights and measures adopted as the standard of this state. [1901]

Sec. 531.03. Marking requirements for packaged commodities. All merchants, commission merchants, grocers, provision dealers, storekeepers and other persons, before selling or offering for sale any grain, flour, meal, grits, corn, wheat, rye, oats, bran, beans, irish potatoes, sweet potatoes or peanuts, already put up, packed or placed in any sack, bag or barrel, in original packages, shall have marked or stamped or stenciled upon such sack, bag or barrel, so sold or offered for sale, with its contents in figures, at least one inch in length, the exact weight in pounds avoirdupois of such bag, sack or barrel, with its If the bag, sack or barrel is of a dark or

contents.

black color such figures shall be marked, stamped or stenciled in light colored ink or pencil; if the bag, sack or barrel is of a light color, then the marking, stamping or stenciling shall be in black or dark pencil, but in all cases the stamping, marking or stenciling shall be plain, legible, and placed conspicuously on such bag, sack or barrel. [1901]

Sec. 531.04. Standard crate for tomatoes.

The legal and standard crate for tomatoes shall measure ten inches in depth, eleven inches in width, and twenty-four inches in length, on the outside. [1917]

Sec. 531.05. Standard basket for tomatoes.

The legal and standard basket for use in tomato crates shall measure nine and one-half inches long in the bottom, five inches wide in the bottom and four and one-half inches deep, all of the last aforementioned measurements being inside measurements. The length of the inside of the top hoop of each basket shall be thirty-two and one-half inches. [1917]

Sec. 531.06. Only standard containers lawful for tomatoes.

No crate or basket intended for the sale, shipment or delivery for sale or shipment of tomatoes, except of the standard measure herein specified, shall be manufactured or sold. [1917]

Sec. 531.07. Penalty: For selling by false weight or measure. Whoever knowingly sells by false weight or measure, shall be punished by imprisonment not exceeding six months, or by fine not exceeding one thousand dollars. [1832]

Sec. 531.08. Same: For failing to have weights and measures tested.

Whoever refuses to have his weights and measures tested, or refuses to pay the fees for the same, or whoever, after his weights and measures have been tested, fails to make them conform to the standard, and keep them conformed, shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars. [1892]

Sec. 531.09. Same: For merchant offering to sell grain, etc., without marking sack.

Any merchant, commission merchant, grocer, provision dealer, storekeeper or other person, or any officer, agent, clerk or employee of any merchant, commission merchant, grocer, provision dealer or storekeeper who shall offer for sale, attempt to sell or sell any of the articles mentioned in Section 531.03, already put up, placed or packed in any sack, bag or barrel, in original packages, without having such sack, bag or barrel marked, stamped or stenciled as in the manner therein prescribed before offering for sale, attempting to sell or selling the same, shall be punished by fine not exceeding two hundred

dollars for each offense, or by imprisonment for not more than three months. [1901]

Sec. 531.10. Same: For merchant selling by short weight.

Any merchant, commission merchant, grocer, provision dealer, storekeeper, or other person, or any officer, agent, clerk or employee of any merchant, commission merchant, grocer, provision dealer, or storekeeper, who shall sell or dispose of any sack, bag or barrel with its contents, containing any of the articles mentioned in Section 531.03 upon which the weight in avoirdupois of such sack, bag or barrel with its contents has been marked, stamped or stenciled as provided, and the weights so stamped, marked or stenciled shall not be the true and correct weight of such sack, bag or barrel with its contents, but the weight so marked, stamped or stenciled shall be a greater weight than the true and the correct weight of such sack, bag or barrel with its contents, shall be punished for each offense by a fine not exceeding two hundred dollars or by imprisonment for not more than three months. [1901]

Sec. 531.11. Same: For selling tomatoes in crates other than standard measure.

Every crate or basket used for the sale or delivery of tomatoes shall be of the Florida standard measure as provided by this chapter [Secs. 531.01531.34], and no person shall use any crate or basket for such sale, shipment or delivery, unless the same be of such standard measure. This shall not apply to local persons, dealers in or growers of tomatoes, or shipments within the state. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days. [1917]

Sec. 531.12. Unlawful to sell certain commodities except by pound.

It is unlawful for any dealer to sell, offer for sale, barter, exchange, or otherwise dispose of, any of the different commodities named in Section 531.01, except by the pound. Any person violating this section shall be guilty of a misdemeanor. [1917] Sec. 531.16. State standards of weights and measures.

The weights and measures received from the United States under joint resolutions of congress approved June 14, 1836, and July 27, 1866, and/or such new weights and measures as shall be received from the Unted States as standard weights and measures in addition thereto or in renewal thereof, and/or such weights and measures in conformity therewith as shall be supplied by the state shall, when the same have been certified by the national bureau of standards, be the state standards of weights and measures. [1945]