Sec. 31. Penalty for violating two preceding sections. Any person violating the provisions of the two preceding sections shall be fined not more than fifty dollars. [1873]

Sec. 55. Receiving stations for milk: Weight certificate; penalty for refusing to furnish weight certificate; enforcement by commissioner of weights and measures.

Every person who shall receive any milk or cream at a receiving station shall upon receipt of said milk or cream furnish to the producer a certificate of weight which shall contain the name and address of the receiving station, the name or account number of the producer, the weight of the milk or cream received, and the date of its receipt. Any person who refuses or fails to furnish such weight certificate shall be fined not less than twenty nor more than two hundred dollars. It shall be the duty of the commissioner of weights and measures to enforce the provisions hereof. [1937]

Revised Laws 1942, Vol. 1, Title XVII, Ch. 197Standard Packages for Apples.

Sec. 1. "Closed" package defined.

The term "closed" package when used in this chapter [Secs. 1-20] shall mean a barrel, box, or other container, the contents of which cannot be sufficiently inspected without opening it. [1927] Sec. 2. Standard barrel; dimensions; standard bushel; marking requirements.

The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: length of stave, twenty-eight and one-half inches; diameter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixtyfour inches, outside measurement; and the thickness of staves not greater than four tenths of an inch; provided, that any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard bushel for apples shall be a container having a capacity of not less than one United States standard bushel or 2150.42 cubic inches. Containers for apples other than the standard box as defined in section 11 of chapter 1931 and the standard barrel or bushel shall be marked in terms of cubical capacity or count with designation of minimum size of each apple. [1917; last amended 1933.] 1 See page 623.

within or without the state shall be marked or branded at the time of packing, repacking or closing with a statement of (a) the quantity of the contents except as otherwise provided, [1917; last amended 1933.]

Sec. 11. When apples deemed misbranded.

For the purposes of this chapter [Secs. 1-20], apples packed in an open or closed package shall be deemed to be misbranded unless conforming to the official standards for the inspection of apples promulgated by the secretary of the United States Department of Agriculture or to the statements required in sections 7, or to uniform

rules and regulations of the commissioner of agriculture; provided that no package shall bear any statement, design or device regarding such article or its contents which in any particular shall be false or misleading or falsely branded. [1917; last amended 1933.]

Sec. 12. Rules and regulations; right of entry; enforcement. The commissioner of agriculture shall make and may modify uniform rules and regulations for carrying out the provisions of this chapter [Secs. 1–20]. He shall, in person, or by his deputy or agent, have free access at all reasonable hours to any place, building, or vehicle in which apples are packed, stored, sold, offered, or exposed for sale or held for transportation. He shall also have power, in person or by his deputy or agent, to open any box, barrel, or other container, and may upon tendering the market price, take such container and its contents or samples therefrom. He shall have general authority to administer and enforce the provisions of this chapter and the rules and regulations made hereunder, and to prosecute violations thereof. [1917; last amended 1927.]

Sec. 14. Misbranding or packing fraudulently; penalties.

Whoever himself or by his servant or agent misbrands apples within the meaning of this subdivision [Secs. 1-15] or packs, sells, distributes, offers, or exposes for sale or distribution apples which are misbranded, or otherwise packs, sells, distributes, offers, or exposes for sale or distribution, apples in violation of any provision hereof, shall be fined for the first offense not exceeding fifty dollars and for a subsequent offense not exceeding two hundred dollars. Whoever violates any rule or regulation made by the commissioner under this chapter [Secs. 1-20], or obstructs or hinders the commissioner or his deputy or agent in the performance of his duties hereunder, shall be fined not less than ten nor more than one hundred dollars. [1917; last amended 1931.]

Sec. 15. Exemptions from penalties.

No person shall be deemed to have violated any provision hereof if he can establish by satisfactory evidence that he acted in good faith solely as a dis

Revised Laws 1942, Vol. 1, Title XVII, Ch. 197Standard Packages for Apples-Continued. tributor, and that he was not a party to the packing and grading of the apples in question, or if he can furnish a guaranty signed by the person from whom he received such apples to the effect that the same are not misbranded within the meaning of this subdivision [Secs. 1-15]. Such guaranty, to afford protection, shall contain the name and address of the person making the sale or shipment of such apples to said distributor, and in such a case such person shall be subject to the penalties to which the distributor would otherwise be liable hereunder. [1917; last amended 1927.]

Revised Laws 1942, Vol. 1, Title XVII, Ch. 198, Secs. 1 to 11-Eggs.

[ED. NOTE.-These sections deal with the grading of eggs, weights per dozen, and tolerances therefor. The pertinent sections are omitted as they relate primarily to quality.]

Revised Laws 1942, Vol. 1, Title XVII, Ch. 201Lumber Inspection and Measurement.

Sec. 1. Duties of surveyors.

Surveyors of lumber shall survey all plank, boards, spars, slit work, shingles, clapboards and timber previous to the sale thereof, and shall measure the same if necessary, having due consideration for drying and shrinking, making reasonable allowance for rot, knots and splits. They shall mark the same anew according to the just contents thereof, if requested by the seller or purchaser, and give a certificate of the quantity and sorts, if required, on payment therefor. [1843]

Sec. 3. Standard thickness of plank.

The standard of thickness of merchantable plank shall be two inches, and when any plank of a different thickness shall be purchased it shall be admeasured and calculated by that standard. [1843]

Sec. 4. Ship timber, how measured.

All round ship timber shall be measured according to the following rule: a stick of timber sixteen inches in diameter and twelve inches in length shall constitute one cubic foot, and in the same ratio for any other size and quantity; forty feet shall constitute one ton. [1843]

Sec. 5. Round timber: Rules for measurement.

Unless the parties shall otherwise agree in writing the following shall be the rule for measuring round timber, where quantity is estimated by the thousand: A stick of timber sixteen inches in diameter and twelve inches in length shall constitute one cubic foot, and the same ratio shall apply to any other size and quantity. Each cubic foot shall constitute ten feet of a thousand. [1866; last amended 1945.]

Sec. 6. Marking round timber.

Any person measuring round timber, the quan tity of which is estimated by the thousand, shall mark upon each log surveyed by him the contents thereof, unless it is otherwise agreed by the partie contracting. [1900]

Sec. 7. Shingles, sizes of.

All shingles offered for sale in this state shall be straight, four inches wide, free from shakes and worm holes; shall be split or sawed in a longitu dinal direction crosswise the grain, and shall b designated and known, according to their quality as No. 1, No. 2, No. 3 or refuse.

Shaved shingles No. 1 shall be eighteen inche long, seven sixteenths of an inch thick at the but end, shall be free from knots and sap, and shal be breasted.

No. 2 shall be at least seventeen inches long three eighths of an inch thick at the butt end and clear of knots and sap.

No. 3 shall be at least fifteen inches long, and three eighths of an inch thick at the butt end [1901]

Sec. 8. Same: Admeasurement; number in bundle.

No shingles shall pass inspection unless so packe as to contain by admeasurement one quarter of thousand in each round bunch, and either on thousand or one half or one quarter of a thousan in each square bunch. Each bunch or bundle sha be branded upon the butt, No. 1, No. 2, No. Refuse or 0, according to the quality; and als with the abbreviation N. H., which brand las mentioned shall be furnished by the town. Sec. 9. Clapboards.

[1900

All shaved pine clapboards shall be made good sound timber, clear of sap; and all shave clapboards shall be free from shakes and wor holes, straight, well shaved and of the followin dimensions: full five eighths of an inch thick o the back, five inches wide and four feet six inch long.

All sawed clapboards shall be of the followin descriptions, and shall be known as clear, sa clear or merchantable.

Clear clapboards shall be sawed from goo timber, and shall not be less than four feet tw inches in length, five inches in width and half a inch thick on the back, and shall be free fro knots, worm holes, shakes and rot. Pine cla boards shall also be free from sap.

Sap-clear clapboards shall be of the same dime sions and quality as the clear clapboards, but ne not be free from sap.

Merchantable clapboards shall be of the san length, from four to five inches wide and shall free from rot, shakes, worm holes and broken loose knots.

Two pieces of either of the above descriptions, neither of which shall be less than thirty inches long, or three pieces, neither of which shall be less than two feet long, shall be allowed and counted as one clapboard; but there shall be at least ninety whole clapboards in every hundred. [1900]

Sec. 10. Staves, hoops, etc.

All white oak butt staves shall be at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge and every part thereof.

All white oak hogshead staves shall be at least forty-two inches long, four inches broad in the narrowest part and not less than one inch thick on the heart or thinnest edge.

All white oak hogshead staves shall be at least forty-two inches long and not less than three quarters of an inch thick on the heart or thinnest edge. All white oak barrel staves for foreign market shall be thirty-two inches long, and for home use shall be thirty inches long, and all shall be half an inch thick on the heart or thinnest edge.

All white oak hogshead and barrel staves shall be, one with another, four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the last breadth shall be clear of sap.

All red oak hogshead and barrel staves shall be of the same length, width and thickness with the white oak hogshead and barrel staves aforesaid. All staves shall be well and proportionably split. All shooks shall be forty inches long, and not less than two and a half inches wide at the ends, and full half an inch thick when dressed.

All white oak hogshead heading shall be one inch thick, thirty inches long and not more than five pieces to one head.

All hogshead hoops shall be made of white oak, brown ash or walnut, of good and sufficient substance, well shaved and either ten, twelve or fourteen feet in length; the oak and ash hoops shall not be less than one inch broad, and the walnut hoops not less than three quarters of an inch broad; all hoops of ten, twelve and fourteen feet respectively shall be made up in distinct bundles by themselves, containing twenty-five hoops each; and each bundle intended for exportation shall be branded on the band thereof with the brand of the town whence exported.

All hoops and staves shall hereafter be counted and sold by the decimal hundred. [1900] Revised Laws 1942, Vol. 1, Title XIX, Ch. 226-Stock Foods.

Sec. 1. Commercial feeding stuffs: Marking requirements.

Every person who shall sell, offer or expose for sale or for distribution in this state any concentrated commercial feeding-stuff shall furnish with

each car or other quantity shipped in bulk, and shall affix to every package of such feeding-stuff, in a conspicuous place on the outside thereof, a plainly printed statement clearly and truly certifying the number of net pounds in the package sold or offered for sale, [1901; last amended 1949.]

Sec. 3. Same: Definition.

The term "concentrated commercial feedingstuff," or "feeding-stuff" as used in this chapter [Secs. 1-18], shall include all commercial feedingstuffs used for feeding wild animals and birds kept in captivity, domestic animals and poultry, except hay, straw, whole seed, unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, broom corn, buckwheat, and mixed grains the ingredients of which may be readily determined. [1901; last amended 1949.] Sec. 11. Same: Penalty for violations.

Any person who shall sell, offer or expose for sale or for distribution in this state any concentrated commercial feeding-stuff, without complying with the requirements of this subdivision [Secs. 1-12], *, shall be fined not more than one hundred dollars for the first offense, and not more than two hundred dollars for each subsequent offense. [1901]

Sec. 12. Enforcement.

Whenever said commissioner [commissioner of agriculture] becomes cognizant of the violation of any of the provisions of this or the next succeeding chapter [ch. 227, insecticides and fungicides] he shall prosecute the offender if he otherwise fails to secure proper compliance with the law. [1901; last amended 1925.1

Sec. 13. Grain for feeding livestock: Marking requirements.

Every person who shall sell, offer or expose for sale in this state any corn, whole, ground or cracked, oats, rye, barley, wheat or buckwheat, used for feeding wild animals and birds kept in captivity, domestic animals or poultry, shall furnish with each car or other quantity shipped in bulk a plainly printed statement showing net weight and shall affix to each bag of grain a plainly printed statement or tag, showing the ** net weight contained therein, *. [1923; last amended 1949.]

Sec. 17. Same: Penalty for violations.

Any person who shall sell, offer or expose for sale or distribution in this state any of the grain herein mentioned, without complying with the foregoing requirements, shall be fined not more than one hundred dollars for the first offense, and not more than two hundred dollars for each subsequent offense. [1923]

I. It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

(2) Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing (c) the net weight or measure of the content subject, however, to such reasonable variations as the commissioner may permit. [1949]

*

Sec. 12. Enforcement.

The examination of economic poisons shall be made under the direction of the commissioner for the purpose of determining whether they comply with the requirements hereof. If it shall appear from such examination that an economic poison fails to comply with the provisions hereof, and the commissioner contemplates instituting criminal proceedings against any person, the commissioner

Any person selling, or offering or exposing fo sale, any commercial fertilizer without the state ment required by section 1; or if th tags, stencils or labels attached to or printed upor the containers in which fertilizer or fertilizer ma terial is sold or offered for sale do not agree wit the certified registration; or respecting the sale o which all the provisions of the foregoing section have not been fully complied with; shall be fined fifty dollars for the first offense an one hundred dollars for each subsequent offens [1901; last amended 1933.]

Sec. 8. Exceptions.

This chapter [Secs. 1-8] shall not apply to partic manufacturing or importing fertilizers for their ow use and not for sale in this state. [1901]

[ED. NOTE.-The commissioner of agriculture "shall cooperate with the attorney-general and county solicitors in enforcing the laws relating to the fertilizer laws *." Revised Statutes 1942, Ch. 223, Sec. 19.]

lish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, the fee to be paid by the consumer or user at the time of his request; but, if the measuring appliance be found unreasonably defective or incorrect to the disadvantage of the consumer or user, the commission shall repay such fee to the consumer or user and collect the same from the public utility. [1913]

Sec. 8. Apparatus for testing.

The commission [public service commission] may purchase such materials, apparatus and standard measuring instruments for such examinations and tests, and for the calibration and standardization of the measuring instruments used by any public utility, as it may deem necessary. [1913]

Sec. 9. Fees.

The commission [public service commission] shall fix and collect reasonable fees for examining and testing meters and other measuring apparatus and appliances and the product of any public utility offered to the public for use or consumption, and such fees shall be paid by the public utility owning the same, or offering the same to the public, except as provided in section 7. [1913]

Revised Laws 1942, Vol. 2, Title XXV, Ch. 301Weighing of Freight Cars.

Sec. 29. Regulations for weighing of freight cars.