General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 1— Weights and Measures, Supervision-Continued.

no other, namely: five pounds, ten pounds, twentyfive pounds, fifty pounds, one hundred pounds, and multiples of one hundred pounds. However, nonstandard weight packages may be packed for sale, offered or exposed for sale, or sold in this state, weighing three pounds or less, if said nonstandard weight packages shall be plainly and conspicuously marked showing net contents in avoirdupois weight: Provided, that nothing in this section shall be construed to prevent the retail sale of any amount of flour or meal direct to the consumer from bulk, upon order and weight at time of delivery to the consumer.

The term "flour" as used herein shall be construed to mean any finely ground product of wheat, or other grain, corn, peas, beans, seeds or other substance, with or without added ingredients, intended for use as food for man.

The term "meal" as used herein shall be construed to mean any product of grain, corn, peas, beans, seed or other substance coarsely ground, with or without added ingredients, either bolted, or unbolted, including grits and hominy, intended for use as food for man. [1945; last amended 1949.]

Sec. 81-14.5. Weight and measure terms defined.

(a) Whenever the term "pound" is used in connection with weight, it shall be understood to be the avoirdupois pound as declared by act of the United States congress, except in those cases where it is common practice to use the "troy" pound or "apothecaries" pound, and the "ounce" is one-sixteenth part of an avoirdupois pound.

(b) The term "ton" shall be understood to mean a unit of two thousand (2000) pounds, avoirdupois weight.

(c) Whenever the term "gallon" is used in connection with liquid measure, it shall be understood to mean a unit of two hundred and thirty-one (231) cubic inches of which the liquid quart, liquid pint, and the gill are respectively, the quarter, the one eighth and the one-thirty-second parts.

(d) The term "bushel" when used in connection with dry measure and standard containers shall be understood to mean a unit of two thousand one hundred and fifty and forty-two one hundredth (2150.42) cubic inches, of which the dry quart and dry pint, respectively, are the one-thirty-second and one-sixty-fourth parts.

(e) The term "barrel" when used in connection with beer, ale, porter, and other similar fermented liquor, shall be understood to mean a unit of thirty-one liquid gallons, and fractional parts of a barrel shall be understood to mean like fractional parts of thirty-one gallons.

(f) Whenever wood is solicited, bought or sold in this state on the basis of ricked or stacked measurement, as is customarily the case in transactions involving such forest products as, for example, pulp wood and fuel wood, the unit of said measurement shall be the cord and no other; except that until June first, one thousand nine hundred and fortysix, same may be purchased on the basis of a unit of one hundred and sixty cubic feet or of the cord of one hundred and twenty-eight cubic feet. The term "cord" when used in connection with such purchases of wood, shall be understood to mean a quantity of wood consisting of any number of sticks, bolts or pieces laid parallel and together so as to form a rick or stack occupying a space four feet wide, four feet high and eight feet long, or such other dimensions that will, when multiplied together, equal one hundred and twenty-eight cubic feet by volume, construed as being seventy per cent solid and thirty per cent air space or ninety solid cubic feet. [1945]

Sec. 81-14.6. Sale of masonry units.

In order to protect the purchasers of concrete block, cinder block, and other concrete masonry units and to provide for a minimum load bearing strength, on and after July 1st, 1947, all concrete block, cinder block, and other concrete masonry units offered for sale or sold in this state shall have a load bearing strength of not less than 700 pounds per square inch of gross bearing area, or the minimum load bearing strength approved by the National Underwriters Laboratory or by the American Society of Testing Materials, whichever is less. The manufacturer shall furnish proof, acceptable to the board of agriculture, that the concrete block, cinder block, or other concrete masonry units be ing offered for sale or sold complies with the minimum load bearing strength required by this section; and each and every sale shall be accompanied with a bill of sale or invoice on which shall be printed or stamped in ink or other indelible substance, a statement guaranteeing that the products covered by said bill of sale or invoice meets the minimum load bearing strength as required by this section signed by a duly authorized official or agent of the manufacturer; provided, however, that the provisions of this section shall not prohibit the sale or offer for sale of cement block, cinder block. or other concrete masonry units, known as "seconds" or "rejects" due to size, shape, or less than minimum load bearing requirement, if and when said sale is accompanied with a bill of sale or invoice on which is printed or stamped in ink or other indelible substance in bold letters a statement that the cement block, cinder block, or other concrete masonry units so billed or invoiced are inferior in quality and do not comply with minimum load bearing requirement signed by a duly authorized official or agent of the manufacturer. [1947)

Sec. 81-14.7. Approval of heating units, etc., for curing tobacco.

All heating units and/or curing assemblies offered for sale or sold in this state, intended for use in curing the so-called flue cured tobacco, shall bear a label or seal of approval, authorized by the board of agriculture, and be accompanied with a statement, including drawings and instructions, signed by the manufacturer thereof, specifying how said heating unit shall be installed, operated, and/or used, so as to reduce to a minimum the fire hazard involved. Such expense as incurred in obtaining the label or seal of approval referred to in this section shall be borne by the manufacturer or distributor of the heating unit involved. [1947] Sec. 81-14.8. Coal, coke and charcoal: Sale by weight only; ton; scales; testing; weight certificate.

(a) All coal, coke, or charcoal sold in this State shall be sold by weight only. The standard unit of weight shall be the avoirdupois pounds, and a ton shall be two thousand (2000) pounds.

(b) All coal, coke, or charcoal sold or offered for sale in this State, or which is being transported on any public street or highway in North Carolina, shall be weighed on scales suitable for such weighing, which have been tested and sealed by a State inspector of weights and measures. It shall not be lawful to transport such coal, coke, or charcoal to the nearest such scale for the purpose of having same weighed, but no sale or delivery of same shall take place until the load shall have been weighed.

(c) Each and every sale or delivery of coal, coke, or charcoal to the consumer shall be accompanied by a weight certificate on which shall be expressed in ink or other indelible substance the name and address of the seller or dealer, name and address of purchaser or receiver, the kind and size of coal being delivered and the gross tare and net weights, the date of weighing, the signature of the weighmaster, a place for signature of receiver, the name of delivery man, and the number or license number of delivery vehicle. The weight certificate shall be made with an original and two (2) carbon copies, one (1) going to the purchaser or receiver, one to be held by the delivery man, and the third (3rd) to be held by the weighmaster: Provided, however, that when coal, coke or charcoal is delivered in this State in railway carload lots, the railway bill of lading may be used in lieu of the weight certificate required by this section. [1949]

Sec. 81-14.8.1 Bread: Standard loaf established.

When loaves of bread are offered for sale or sold in this State, each loaf shall be of one of the following weights and lengths and no other, to-wit: 1 pound, 111⁄2 inches maximum length, 5 inches maximum width at bottom; 11⁄2 pounds, 15 inches maximum length, 5 inches maximum width at bottom; 2 pounds, 15 inches maximum length, 5 inches maximum width at bottom; 21⁄2 pounds,

15 inches maximum length, 5 inches maximum width at bottom. The term loaf as used in this Section shall be construed to mean a loaf which is baked in a pan of rectangular shape, either with straight up or flared side, either with or without cover, and shall be known hereafter as the standard loaf. [1949]

1 This section has been numbered 81-14.8 by the General Assembly as has preceding section.

Sec. 81-15. Packaged commodities; quantity label; tolerances; definitions.

It shall be unlawful to keep for the purpose of sale, or expose for sale, or sell any commodity in package form unless the net quantity of the contents are plainly or conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variations or tolerances shall be permitted and that these reasonable variations or tolerances, and also exemptions as to small packages shall be established by rules and regulations made by and published with other rules and regulations approved by the department of agriculture.

The words "in package form," as used in this section, shall be construed to include a commodity in a package, carton, case, can, box, bundle, barrel, bottle, phial, or other receptacle, on a spool or similar holder, in a container or band, or in a bolt or roll or in a ball, coil or skein or in coverings or wrappings of any kind, put up by the manufacturer, or when put up prior to the order of the commodity, by the vendor for either or both wholesale or retail, whether sealed or unsealed, closed or open. The words "plainly and conspicuously marked" as used in this section shall be construed to mean that the principal label shall indicate the net weight contents by legend as plain and conspicuous as any other legend thereon and as likely to be read as any other legend, and shall not be obscured by crowding or by color or by other legend. [1927; last amended 1945.]

Sec. 81-15.1. Statement to be furnished seller of pulp wood by purchaser.

Upon delivery of pulp wood to a purchaser, from a seller in this state, the purchaser shall furnish the seller with a statement, showing the kind and amount of wood, the price paid, and the amount of wood refused, if any. [1945]

Sec. 81-17. Net weight basis of sales by weight.

Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this article [Secs. 811-81-22], it shall be understood and construed to mean the net weight of the commodity. [1927]

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 1— Weights and Measures, Supervision—Continued. Sec. 81-18. Offenses; penalty.

Any person who, by himself, or his servant or agent, or as the servant or agent of any other person, shall offer, or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or award, or in the computation of any charge for services rendered on the basis of weight or measure, or in the determination of weight or measure, when a charge is made for such determination, or retain in his possession a false weight or measure or weighing or measuring device or any weight or measure or weighing or measuring device which has not been sealed by the State Superintendent, or his deputy, or inspectors, or by a sealer or deputy sealer of weights and measures within one year, or shall dispose of any condemned weight, measure, or weighing or measuring device contrary to law, or remove the tag placed thereon by the State Superintendent, or his deputy, or inspectors, or who shall sell or offer or expose for sale less than the quantity he represents on any commodity, thing, or service, or shall take or attempt to take more than the quantity he represents, when as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of any commodity, thing, or service is determined; or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall use in retail trade except in the preparation of packages put up in advance of sale, a weighing or measuring device which is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer; or who shall violate any provision, rule, regulation, code or order made and/or adopted as provided for by this article [Secs. 81-1-81-22] for which a specific penalty has not been provided; or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using any device or instrument to be used to, or calculated to, falsify any weight or measure, shall be guilty of a misdemeanor, and shall be punished by fine of not less than ten dollars or more than two hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment, upon a a first conviction in any court of competent jurisdiction; and upon a second or subsequent conviction in any court of competent jurisdiction he shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [1927; last amended 1949.]

Sec. 81-19. "Person" defined.

The word "person" as used in this article [Secs. 81-1-81-22] shall be construed to impart both the plural and singular as the case demands and shall include corporations, companies, societies and associations. [1927]

Sec. 81-20. "Weights, measures, weighing or measuring devices" defined.

The words "weights, measures, or (and) weighing or (and) measuring devices" as used in this article [Secs. 81-1-81-22], shall be construed to include all weights, scales, beams, measures of every kind, instruments, mechanical devices for weighing or measuring any other appliances and accessories connected with any or all such instruments. The words "sale or sell" as used in this act shall be construed to include barter and exchange. [1927]

Sec. 81-22. Bushel and subdivisions thereof regulated.

Whenever any commodity now named in section 81-23, shall be quoted or sold by the bushel, the bushel shall consist of the number of pounds stated in said section; and whenever quoted or sold in subdivisions of the bushel, the number of pounds shall consist of the fractional part of the number of pounds as set forth therein for the bushel; and when sold by the barrel shall consist of the number of pounds constituting 3.281 bushels. [1933; last amended 1949.]

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 2— Weights and Measures, Establishment and Use of Standards.

Sec. 81-23. Standard weight of commodities; offenses; penalty.

The standard weight of the following seeds and other articles named shall be as stated in this section, viz:1

It shall be unlawful to purchase or sell, or barter or exchange, any article named in this section on any other basis than as stated herein: Provided, however, that any and/or all such articles may be sold by weight, avoirdupois standard.

If any person shall take any greater weight than is specified for any of the items named herein, he shall forfeit and pay the sum of twenty dollars for each separate case to any person who may sue for same. [1885; last amended 1937.]

1 A slight rearrangement has been made for convenience of reference.

Sec. 81-23.1. Standard rule for measurement of logs.

The standard rule for determining the number of board feet in a tree or log shall be the so-called "International 14 inch Log Rule." None of the provisions of this section shall apply to contracts entered into prior to the ratification of this section, nor to the measure of damage in any action in tort. This section shall not prevent the buyer and the seller from agreeing that some other log rule shall be used to determine the number of board feet in trees or logs covered by the contract between them. [1947]

Sec. 81-25. Area of acre.

The measure of an acre of land shall be equal to a rectangle of sixteen poles or perches in length and ten in breadth, and shall contain one hundred and sixty square perches or poles, or four thousand eight hundred and forty square yards, six hundred and forty such acres being contained in a square mile. [1741; last amended 1866.]

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 4— Weigh Masters.

Sec. 81-36. Definition.

Any person, either for himself or as a servant or agent of any other person, firm, or corporation, or who is elected by popular vote, who shall weigh, or measure, or count, or who shall ascertain from, or record the indications or readings of, a weighing, or measuring, or recording, device or apparatus for any other person, firm, or corporation, and declare the weight, or measure, or count, or reading or recording to be the true weight, or measure, or count, or reading, or recording of any commodity, thing, article, or product upon which the

Land plaster

Lime, unslaked

Lime, slaked

Meal, corn, whether bolted or unbolted

Melon, cantaloupe

Millet

Turnips

Wheat

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 4— Weigh Masters-Continued.

purchase, or sale, or exchange, is based, and make a charge for, or collect pay, a fee, or any other compensation for such act, shall issue a certificate of weight, or measure, or count, in accordance with the provisions of this article [Secs. 81-36-81-49], shall be licensed and shall be known as a public weighmaster in the state of North Carolina.

[1939; last amended 1945.]

Sec. 81-36.1. Administration of article.

The provisions of this article [Secs. 81-36-81– 49] shall be administered by the state department of agriculture through the state superintendent of weights and measures. [1945]

Sec. 81-37. Application for license permit.

Any person desiring to be a public weighmaster in this state shall apply for and obtain license permit from the state of North Carolina through the state superintendent of weights and measures by filing formal application under oath as follows: [1939; last amended 1949.]

Sec. 81-38. Issuance of weight certificates.

It shall be the duty of every public weighmaster licensed by this article [Secs. 81-36-81-49] to issue a certificate of weight, measure, count, reading, or recording on forms approved by the state superintendent of weights and measures, and to enforce the provisions of this article, together with rules and regulations relating thereto. Said public weighmaster shall not receive compensation from the state for the duties so performed. [1939]

Sec. 81-39. Official seal.

It shall be the duty of every public weighmaster so licensed by this article [Secs. 81-36-81-49], to obtain from the state department of weights and measures an official seal, which seal shall have inscribed thereon the following words: "North Carolina Public Weighmaster" and such other design and/or legend as the state superintendent of weights and measures may deem appropriate. The seal shall be stamped or impressed upon each and every weight, measure, numerical count, reading or recording certificate issued by such public weighmaster, and when so applied the certificate shall be recognized and accepted as a declaration of the official, true, and accurate and undisputed weight, measure, count, reading or recording of the commodity, product, or article weighed, or measured, or counted within the tolerance allowed by the "Uniform Weights and Measures Act" [Secs. 811-81-22] of this state: Provided, however, that the weighers of tobacco in "leaf tobacco warehouses" may use, in lieu of said seal, a signature,

which signature shall also appear, in ink or other indelible substance on the weighmaster's formal application, and again, posted in a conspicuous and accessible place in the tobacco warehouse where he is acting as weighmaster. [1939; last amended 1941.]

Sec. 81-40. Violations by weighmasters; penalty.

Any public weighmaster who shall refuse to issue a certificate as prescribed by this article [Secs. 8136-81-49], or who shall issue a certificate giving a false weight, or measure, or count, or reading, or recording, or who shall misrepresent the weight, or measure, or count, or reading or recording of the quantity of any commodity, produce or article to any person, firm or corporation, or who shall otherwise violate any of the provisions of this article shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than three months, or by both such fine and imprisonment in the discretion of the court, and, in addition thereto, his license shall be revoked and he shall forfeit his seal which, when so forfeited, shall be turned over to the state superintendent of weights and measures or his agents. [1939]

Sec. 81-41. Requesting weighmaster to falsify weights; impersonation of weighmaster; alteration of certificate, etc.

Any person, firm, or corporation who shall request a public weighmaster to weigh, measure, count, read, or record any commodity, product or article falsely or incorrectly, or who shall request a false or inaccurate certificate of weight, measure, count, reading or recording, or any person issuing a certificate of weight, or measure, or count, or reading, or recording within the meaning of this article [Secs. 81-36-81-49], who is not a public weighmaster as provided for by this article, or who shall act as, or for, or in any way impersonate, a public weighmaster, or who shall erase, change, or alter any certificate issued by a public weighmaster, or who shall make incorrect the certificate by increasing or decreasing the weight or measure or count of the commodity, product or article certified to for the purpose of deception, or who shall violate any provision of this article for which a special penalty has not been provided, shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than three months, or by both such fine and imprisonment in the discretion of the court. [1939]

Sec. 81-42. Certificate presumed correct.

When a public weighmaster certificate is used in the sale, or purchase, or barter, or exchange of