Flack's Annotated Code 1939, Vol. 2, Art. 97Weights and Measures-Continued. corporation, violating any of the provisions of this Section shall be fined not less than one dollar, nor more than five dollars for each offense; and the use, sale, or manufacture of each barrel, basket, box, halfbox, or half-basket, not marked as designated herein shall constitute a separate offense. [1914]

Sec. 26. Bushel, ton, and barrel weights.

The standard weights for grain, hay, straw, produce, and mineral coal for this State shall be as follows:1

weight, and not by running measurement. Any person, firm or corporation, or agent, employee, or officer of any person, firm or corporation, violating any of the provisions of this Section, shall be fined not less than five dollars nor more than fifty dollars for each offense. [1914]

Sec. 28. False quantity marking on packages of cotton, woolen, or other dry goods; penalty.

No person shall sell any package or parcel of cotton, woolen, or other dry goods having any mark thereon or attached thereto indicating or stating a greater number or a larger quantity than is actually contained in such package or parcel; and any auctioneer, commission merchant or dealer so selling, shall in each case forfeit and pay to the purchaser or purchasers of each package or parcel double the value of the quantity of goods, which on actual measurement shall be found there is wanting in any such package or parcel to make up the number of yards or quantity marked thereon. All sums not exceeding one hundred dollars forfeited and payable under this Section shall be recoverable by the purchaser or purchasers before a Justice of the Peace as other debts; and all sums exceeding one hundred dollars by appropriate action in any Court having jurisdiction thereof in the City of Baltimore or the County where such sales were made. [1914]

Sec. 29. Bushel weight for tomatoes; scales and weigher for Center Market of Baltimore City; method of weighing; fees.

The standard of weights of tomatoes in the State of Maryland shall be sixty pounds to the bushel; and for the purpose of ascertaining the true weight thereof, there shall be appointed by the Governor a weigher, who shall be chargeable with the duty of weighing all tomatoes and other vegetables sold by weight brought to Center Market of Baltimore City for sale by the wagon-load on the scales now located at said market when applied to, to have said tomatoes or other vegetables weighed; and who shall receive therefor the sum of ten cents per wagonload for performing such services, two cents of which shall be paid by him quarterly to the Comptroller to whom he shall give bond in the penalty of one thousand dollars, and the balance he shall retain as his own compensation for the services hereby imposed and performed; provided that besides the two cents he shall pay all excess over one thousand dollars to the Comptroller, it being the intent of this Section that he shall only receive one thousand dollars per annum as his salary to be paid entirely from his fees, at eight cents net per load. The said tomatoes and other vegetables shall be weighed in the wagons, and after delivery to the purchasers the wagons and empty boxes shall be returned to the said scales and the weight thereof shall be deducted from the gross weight as shown by the first weighing, and the said packers or purchasers shall be required to pay for said vegetables at the weight certified by

said weigher. In case the boxes, in which the tomatoes or other vegetables are contained, shall not be returned, said weigher shall weigh ten empty boxes, and the average weight shall be established as the weight of all boxes contained in any wagon or wagons so weighed by him, and any packer or purchaser who shall refuse to pay for the same according to the certificate of said weigher shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars, nor more than fifty dollars for each offense; and any driver of any wagon who shall sell, dispose of, or barter any of the produce in his wagon which has been sold to a packer or other purchaser between the time of the weighing of the same and the delivery to said packer or purchaser, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined twenty-five dollars for each offense. [1914] Sec. 30. Giving short weight or measure; penalty.

Any person, firm or corporation, or agent, employee or officer of any person, firm or corporation who shall knowingly and willfully give short weight or short measure to any one purchasing any article or commodity shall be guilty of a misdemeanor and shall on conviction be fined not less than twentyfive dollars nor more than five hundred dollars. A warrant for the arrest of any person, or agent, employees or officer of any person, firm or corporation may be issued at the instance of the purchaser receiving the short weight or measure or at the instance of any inspector of weights and measures in the State of Maryland. [1920]

Sec. 31. Penalties, how recoverable.

All fines, forfeitures and penalties imposed by the several Sections of this Article [Secs. 1-65], except as otherwise hereinbefore provided, shall be recoverable as now provided by the laws of the State of Maryland for the recovery of fines, forfeitures and penalties; one-half of said fines, forfeitures and penalties, except as otherwise hereinbefore provided, to be paid to the informer,1 and the other half to the City of Baltimore or the County in which the offense shall have been committed. [1914]

1 As to abolition of informer's fees, see Sec. 3, Art. 38, Flack's Annotated Code 1939, which reads as follows: "No portion of any fine, penalty or forfeiture shall be paid to any informer." Sec. 57. Solid fuel: Definitions.

Whenever used in this sub-title [Secs. 57-64]: (a) "Solid Fuel” shall mean and include anthracite, semi-anthracite, bituminous or semi-bituminous coal, lignite coal, briquettes, boulets, coke, gas house coke, petroleum coke, petroleum carbon or any other manufactured or patented fuel not sold by liquid or metered measure except charcoal.

(b) “Person" shall mean and include an individual, partnership, association of individuals or corporation. [1937]

Sec. 57A. Same: Transfer of general supervision over weighing and licensing from bureau of mines to state comptroller.

General supervision over licensing of persons engaged in the business of selling solid fuel in Maryland, and of persons weighing solid fuel in connection with the issuance of delivery tickets is hereby transferred from the Bureau of Mines to the State Comptroller. Whenever the words "Chief Engineer of the Bureau of Mines", "Chief Mine Engineer", "Director of the Bureau of Mines", "Bureau of Mines", or "Bureau" appear in this sub-title, there shall be substituted therefor the words "State Comptroller". The records of the Bureau of Mines relating to its duties under this sub-title prior to the effective date of this June 1, 1949 shall be transferred to the State Comptroller. This section applies only to supervision of the licensing of, or weighing in connection with, the sale of solid fuel as broker, dealer or otherwise in the State of Maryland, and nothing herein is intended to affect the jurisdiction of the Bureau of Mines over weighing for the purpose of determining compensation for the labor of miners, as provided in Chapter XXIII (Compensation to Workmen for Labor) of sub-title "Bureau Mines" of Article 89 of the Annotated Code Maryland (1939 Edition, as amended in 1947 Supplement). [1949]

Sec. 58. Same: Registration and oath of dealers; penalty; exception.

No person shall engage in the business of selling solid fuel as broker, dealer or otherwise, in the State of Maryland, unless he shall first obtain a certificate of registration as a solid fuel dealer. Application for such certificate of registration shall be made to the Clerk of the Court of Common Pleas in the City of Baltimore, or to the Clerk of the Circuit Court for any county, upon a blank to be furnished by the said Clerk in such form as shall be determined by the Chief Inspector of Licenses of the State License Bureau, and shall be made in duplicate, one copy shall be filed with the clerk to whom such application is made, and a duplicate copy shall be filed by said clerk with the State License Bureau. Such application shall be verified by the oath of the applicant or, if the applicant is a corporation, by the oath of some officer thereof, and upon payment of the registration fee hereinafter provided and a filing fee of fifty cents, the clerk shall issue to the applicant a certificate of registration as a solid fuel dealer for an annual period beginning on the first day of July in each year. The fee for such registration shall be Ten Dollars ($10) for each annual period, payable in advance. Any person selling solid fuel in the State of Maryland, unless he has first obtained a certificate of registration, as herein provided, shall be deemed guilty of a violation of the provisions of this section, and upon conviction thereof, shall be

Flack's Annotated Code 1939, Vol. 2, Art. 97— Weights and Measures-Continued.

punished by a fine of not more than Fifty Dollars ($50) or by imprisonment for not more than thirty days, or by both such fine and imprisonment. This section shall not apply to operators who have mines located in this State, and who sell coal at the tipple either in car loads or by truck. [1937]

Sec. 59. Same: Revocation of certificate of registration.

The Chief Inspector of Licenses shall revoke any certificate of registration issued pursuant to the provisions of this sub-title [Secs. 57-64], upon proof that the applicant has made false statements in his application for said certificate of registration, or upon proof that the person to whom such a certificate of registration has been issued has been guilty of a violation of any provision of this sub-title, and a conviction of such violation by any court or magistrate shall be conclusive evidence of such violation. Such revocation shall be made only upon complaint of some person and after hearing upon due notice to the holder of such certificate of registration.

Any person selling solid fuel in the State

of Maryland during the time that his certificate of registration as a solid fuel dealer has been revoked, shall be deemed guilty of a violation of the provisions of this section and upon conviction thereof shall be punished by a fine of not more than $250 or by imprisonment for not more than three months or by both such fine and imprisonment. [1937; last amended 1945.]

Sec. 60. Same: Delivery ticket; contents; tolerance; penalties.

All deliveries of solid fuel to purchasers who are consumers thereof, except solid fuel which is sold in bags in lots of one hundred pounds or less, not exceeding a total of one-quarter ton, shall be evidenced by a "delivery ticket." Such delivery ticket shall bear upon its face the following statement: "I hereby attest that I have delivered to the purchaser named herein the quantity and kind of coal specified in this ticket," and this statement shall be signed in ink or indelible pencil upon the original and one of the duplicate originals by the person actually making the delivery. Every delivery ticket shall also contain upon its face, in ink or indelible pencil, the following information: (a) date of issuance; (b) name and address of the person, firm or corporation selling the solid fuel; (c) the name and address of the purchaser; (d) the quantity in pounds and the kind, grade and size of the solid fuel delivered; (e) the signature of the licensed weighmaster issuing such ticket, together with his license number; (f) the license number on the vehicle carrying the solid fuel. Every delivery ticket shall be issued in triplicate, shall be serially numbered in each yard or branch, and shall be used only in consecutive order. One of the delivery tickets issued shall be used as the delivery receipt and shall be signed on its face by the recipient of the solid fuel or his agent. Another one

of such delivery tickets shall be given to the purchaser at the time of making the delivery. Every driver or person in charge of a vehicle in which solid fuel is being transported for delivery to a purchaser within the State of Maryland, shall at all times have in his possession delivery tickets for the solid fuel so transported or delivered, shall present them for inspection to any police officer upon request, and shall present them to the purchaser before unloading or attempting to unload the vehicle. The actual amount of the load of solid fuel being transported or delivered shall not be less than the weight represented in the delivery ticket or tickets, provided that in all cases sixty (60) pounds to a ton may be considered as an allowance for variation in scales and wastage, and the kind and size of the solid fuel being transported and delivered must be as specified in the delivery ticket. Any person transporting or deliv ering solid fuel in the State of Maryland except in the manner provided for in this section, shall be deemed guilty of a violation of the provisions of this section, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Where solid fuel is delivered in car load quantity to a single consumer or to one or more consumers who have agreed to divide a car load lot and who are transporting the solid fuel from the siding or have made arrangements for such transportation, the delivery ticket shall show merely the initial, number and location of the car from which said fuel was unloaded, the date of delivery and the name of the person making delivery. Nothing in this section shall apply to the delivery of coal to or from a boat. [1937]

Sec. 61. Same: Weighmaster's license; revocation; duties; section applicable to District of Columbia.

No person shall make or issue a delivery ticket for solid fuel as provided in this sub-title [Secs. 57–64] unless such solid fuel has been weighed as herein provided by a weighmaster duly licensed by the Bureau of Mines.1 Application for a license shall be made upon the form prescribed by the Chief Mine Engineer,1 shall state the name and address of the applicant's employer and shall be verified by the oath of the applicant. In addition the applicant shall furnish satisfactory evidence of good moral character, and of ability to weigh accurately, and make correct weight tickets. The Bureau 1 may issue a license upon the payment of the annual license fee of ten dollars ($10). The license may be renewed for suc cessive periods of one year each, upon payment of a license fee of ten dollars ($10), which license shall be kept in the place where the weighmaster is engaged in weighing and shall be open to inspection. Every licensed weighmaster shall notify the Bureau1 in writing of any change of the name or address of his employer. A license may be suspended or re

voked by the Chief Mine Engineer1 after hearing, upon due notice to the licensee, for dishonesty, incompetency, inaccuracy, or any violation of the provisions of this sub-title. No licensed weighmaster shall knowingly permit any delivery ticket to be used or issued which purports to bear his signature which was not in fact signed by him or which expresses a weight not ascertained by him, nor shall any person use a delivery ticket not signed by a licensed weighmaster, nor knowingly issue or use a delivery ticket which purports to bear the signature of a licensed weighmaster but which was not in fact signed by such licensed weighmaster. No licensed weighmaster shall weigh up and sign a delivery ticket for any load of solid fuel unless such load is weighed by him on scales located within the State, which have been tested, approved, and sealed within twelve months, by the Bureau of Mines,1 or, in case of scales located within the City of Baltimore, by the Division of Weights and Measures of the Department of Public Works of the City of Baltimore, and unless within twenty-four hours preceding the weighing of the vehicle loaded he shall have first weighed the vehicle empty 2 to determine the true tare weight of the vehicle unloaded and unless all the wheels of the vehicle, tractor, trailer, or semi-trailer included, transporting the solid fuel are on the scale at one and the same time, provided, however, that if the tractor is disconnected from the trailer or semitrailer at the time of weighing the trailer or semitrailer may be weighed without the tractor. No licensed weighmaster shall weigh up and sign a delivery ticket for any load of anthracite transported or being transported into the State of Maryland by motor vehicle unless and until a duplicate original of the certificate of origin of such anthracite shall be filed with the weighmaster as in this sub-title hereinafter provided, and such weighmaster upon signing such delivery ticket for any such load of anthracite shall make a notation upon the delivery ticket of the serial number and date of the certificate of origin. covering said anthracite; provided, however, that for the purpose of permitting licensed dealers in solid fuel in the District of Columbia to comply with the provisions of this sub-title, the Bureau of Mines 1 is authorized to issue weighmaster licenses to persons employed in the District of Columbia by a dealer in coal who has obtained a license to do business in the State of Maryland, and such persons may weigh up and sign a delivery ticket for any load of solid fuel if such load has been weighed by him on scales located within the District of Columbia which have been tested, approved and sealed by the Sealer of Weights and Measures of the District of Columbia. Application for a weighmaster license pursuant hereto shall be made in the manner hereinbefore provided and such license shall be subject to all of the provisions of this Article [Secs. 1-65] and may be revoked as in said Article provided.

This section is intended to apply solely in favor of solid fuel dealers in the District of Columbia and shall under no circumstances be held to enlarge the privileges of solid fuel dealers doing business elsewhere than in the District of Columbia or of persons employed by them and if this section or any part thereof is held to create an unlawful discrimination against such solid fuel dealers or the persons employed by them, then and in that event, this section shall be deemed to be of no effect whatever and this sub-title shall be deemed to remain in full force and effect as if this section had never been passed. [1937; last amended 1939.]

1 State Comptroller. For transfer of general supervision over weighing and licensing from Bureau of Mines to State Comptroller, see Sec. 57A, page 431.

2 In Flack's Annotated Code 1939, following the foregoing section, it is stated: "The provisions of this section requiring vehicle to have been weighed empty before issuance of delivery ticket, to the extent applicable to interstate transportation, is unreasonable and unnecessary, and, therefore, unlawful restraint upon interstate commerce. Yarger v. State, 175 Md. 232.” Sec. 62. Same: Certificate of origin; weighing of loaded vehicles upon entering state; penalties.

No anthracite coal brought into the State of Maryland by motor vehicle shall be hauled, transported, purchased, sold or delivered in the State unless such anthracite is at all times accompanied by an original certificate of origin containing the following information:

(1) The name or names and location of, and the name or names of the owners or operators of, the breaker, colliery or other place or places of production where the anthracite to which the certificate refers, has been produced.

(2) The kind, size and weight of the anthracite. (3) The name and address of person claiming ownership of said anthracite.

(4) The name and address of the driver of the motor vehicle transporting said anthracite and the State motor vehicle registration number of said vehicle, and the date of loading of said vehicle.

(5) The name and address of the person or persons to whom said anthracite is to be delivered.

Every driver of a motor vehicle bringing anthracite into the State shall, before delivering the same, proceed to a scale operated by a licensed weighmaster. At the time of weighing every such driver shall file with the weighmaster a duplicate original of the required certificate of origin covering said anthracite. Such duplicate original certificate shall thereafter within one week, be filed with the Bureau of Mines1 by the weighmaster with whom said certificate was first filed. Duplicate certificates of origin so filed with the Bureau of Mines 1 shall be open to public inspection during reasonable hours in accordance with the regulation of the Bureau.

Any person hauling, transporting, selling or delivering or causing directly or indirectly to be hauled, transported, sold or delivered any anthracite brought

Flack's Annotated Code 1939, Vol. 2, Art. 97Weights and Measures-Continued.

into the State of Maryland by motor vehicle, unaccompanied by a certificate of origin, or accompanied by a false, fraudulent or unauthorized certificate, shall be deemed guilty of a violation of the provisions of this section and shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than six months or to both such fine and imprisonment. [1987]

1 State Comptroller. For transfer of general supervision over weighing and licensing from Bureau of Mines to State Comptroller, see Sec. 57A, page 431.

Sec. 63. Same: Penalties.

Any violation of any of the provisions of this subtitle [Secs. 57-64] except where a definite penalty is provided, shall upon conviction be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. [1937]

Sec. 65. State Board of Agriculture empowered to inspect weights and measures; penalties.

In addition to the powers of inspection, regulation and adjustment of scales, beams, weights and measures conferred by this Article [Secs. 1-65] upon the inspectors appointed by the County Commissioners of the several counties, and by the Comptroller of Baltimore City, the State Board of Agriculture shall, through its officers, agents and employees, have the authority and power to inspect, regulate and adjust any or all scales, beams, weights and measures used in the several counties of the State and in the City of Baltimore in the vending or purchasing of agricultural products and farm supplies which are directed by law or are usually sold by weight or measure. The said State Board of Agriculture shall have and exercise, through its officers, agents and employees, all the authority and power conferred by this Article upon the inspectors appointed by the County Commissioners of the several counties, and by the Comptroller of Baltimore City, including the power to condemn any scale, beam, weight or measure which it is impossible to repair, and to prohibit the use of and to remove and destroy or otherwise dispose of the same. The authority and power hereby conferred shall be exercised in such manner, by such method or methods and at such time or times as shall be determined upon by the said State Board of Agriculture, and the said Board shall have power to make or cause to be made an inspection or inspections of such scales, beams, weights and measures as, in its discretion, the public interest shall require.

Any person, firm or corporation, or any officer, agent or employee of such person, firm or corporation refusing to have his, her, their or its scales, beams, weights or measures inspected, regulated or adjusted by the said State Board of Agriculture, or

its officers, agents or employees as authorized by this Article, or refusing to carry out the lawful orders of the said Board, its officers, agents or employees, or interfering in any way with the exercise of the authority conferred by this Article, shall, upon conviction, be subject to the penalties provided therefor in this Article. The provisions of this section shall be construed as additional and supplemental to, and not in substitution for or in conflict with, any of the other sections of this Article. [1924]

Flack's Annotated Code 1939, Vol. 1, Art. 2A-Fruit and Vegetable Containers.

Sec. 30. Rules and regulations governing marking require

ments.

The State Board of Agriculture through the Maryland State Department of Markets and its dulv authorized agents may, after investigation and public hearing: * (2) promulgate from time to time rules and regulations governing the markings which shall be required upon containers of any fruit or vegetable, for the purpose of showing: and/or (d) the variety, quantity, quality, condition and size of the product. [1939]

Sec. 32. When conformance to act mandatory.

No standard, grade, rule or regulation prescribed under this sub-title [Secs. 29-40] shall affect the right of any person to sell his fruit or vegetable without conforming thereto, but no person shall mark his fruit or vegetable, or container thereof in such a manner as to indicate that his fruit or vegetable conforms with any standard or grade of the Board [of agriculture] unless he shall have conformed with all the rules and regulations of the Board in relation thereto. [1939]

Sec. 33. Enforcement; rules and regulations.

The Board [of agriculture], through the Department [State Department of Markets] and its agents, shall enforce the provisions of this sub-title [Secs. 20-40] and may promulgate and enforce such rules and regulations as may be necessary to secure uniformity in the enforcement of this sub-title and the proper marking of containers of any fruit or vegetable. [1939]

Sec. 35. Penalty for violations.

Any person violating any provisions of this subtitle [Secs. 29-40] or wilfully interfering with the Board [of agriculture] or its duly authorized agent in the performance of its duties, is guilty of a misdemeanor and shall, upon conviction, be fined not less than $5.00 nor more than $50.00 for the first offense, and not less than $50.00 nor more than $100.00 for the second offense, and not less than $250.00 for each subsequent offense. [1939]

Sec. 37. Exemption from prosecution; certificates as prima facie evidence.

No person shall be prosecuted for violation of the provisions of this subtitle [Secs. 29-40] where it can