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General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 51-Antifreeze-Continued.

upon complaint of the Commissioner of Agriculture or any of his agents, inspectors or representatives to a court of competent jurisdiction in the area in which said antifreeze is located. [1949]

Sec. 106-574. Administration of article; rules and regulations. The Commissioner of Agriculture shall administer this Article [Secs. 106-569-106-579] and shall execute all orders, rules and regulations established by the Board of Agriculture. [1949]

Sec. 106-577. Penalties for violations.

Any person, firm, association or corporation violating or failing to comply with any of the provisions of this Article, or any rule, regulation or standard issued pursuant thereto, shall be deemed guilty of a misdemeanor, and upon plea of guilty or conviction shall be punished in the discretion of the court and each day that any violation of this Article shall exist shall be deemed to be a separate offense. [1949]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 113, Art. 16-Oysters.

Sec. 114-194. Oyster measure.

All oysters measured in the shell shall be measured in a circular tub with straight sides and straight, solid bottom, with holes in the bottom not more than one-half inch in diameter. The said measures shall have the following dimensions: A bushel tub shall measure eighteen inches from inside to inside across the top, sixteen inches from inside to inside chimb to the bottom and twentyone inches diagonal from inside chimb to top. All measures found in the possession of any dealer not meeting the requirements of this section shall be destroyed by the commissioner of commercial fisheries, assistant commissioner or inspector. [1903; last amended 1913.]

Sec. 113-195. Illegal measures prohibited; penalty.

If any person shall in buying or selling oysters use any measure other than that prescribed by law for the measurement of oysters, or if any dealer in oysters shall have in his possession any measure for measuring oysters other than that prescribed by law, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. [1903]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 113, Art. 20-Salt Fish.

Sec. 113-229. Salt fish: Inspectors; duties.

The board of county commissioners of every county where fish are packed for sale or shipment

shall appoint and qualify one or more sworn inspectors of fish at or near all packing localities, whose duty it shall be to inspect all salt fish packed for sale or shipment; and all barrels, half-barrels and packages of fish inspected and approved by them shall be branded with the word "inspected" and the name of the inspector. Said board shall regulate and prescribe the duties, powers and fees of said inspector, which fees shall not exceed five cents per barrel of two hundred pounds net and two and one-half cents per half-barrel of one hundred pounds net and smaller packages, to be paid by the shipper. This section shall not apply to fishermen who may sell their fish to packers and shippers by weight or otherwise, as they may agree: [1909; last amended 1911.]

Sec. 113-230. Same: Sold by weight; package marking; offenses; penalty.

All salt fish packed for market shall be sold at their net weight, which shall be marked on every package; and any person packing or offering for sale salt fish, fraudulently marking the net weight on the package, shall for each offense be guilty of a misdemeanor and fined not more than fifty dollars or imprisoned not more than thirty days, or both, at the discretion of the court. [1909]

Sec. 113-231. Salt mullet: Special marking; offenses; penalty; exceptions.

Each package of salt mullets packed and offered for sale shall be marked or stamped "large", "medium" or "small," and all packages containing any other kind of fish shall be marked plainly with the name of the fish contained, and any person who shall pack as principal or shall have the same done by others for him shall be deemed the packer and shall stamp his name and place of packing, together with net weight and size of fish, as prescribed in this section, on the head of each package before offering for sale or shipment, and on failure to pack and stamp as herein prescribed, or if any person shall pack or stamp said package falsely, so as to misrepresent the weight or size of the fish in said package, shall be guilty of a misdemeanor and fined not less than five nor more than fifty dollars for each offense, and may be imprisoned at the discretion of the court, not to exceed thirty days: Provided, this section shall not apply to packages containing less than fifty pounds net fish: Provided further, this section shall not apply to fishermen themselves, but shall apply only to merchants and others who may be classed as packers or brokers, within the proper meaning of the term. [1909]

Sec. 113-232. Standard measure for fish scrap and oil; offense; penalty.

For the purpose of uniformity in the trade of manufacturing fish scrap and oil in the state of North Carolina, there is hereby established a stand

ard measure of twenty-two thousand cubic inches for every one thousand fish. Any person, firm, corporation or syndicate buying or selling menhaden fish for the purpose of manufacturing within the borders of this state, who shall measure the fish by any other standard (more or less) than is prescribed in this section, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not to exceed thirty days. Each day said measure is unlawfully used shall constitute a separate and distinct offense. [1911]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 119, Art. 3-"Gasoline and Oil Inspection Act."

Sec. 119-23. Functions of department of revenue and commissioner of agriculture.

Gasoline and oil inspection fees or taxes shall be collected by, and reports relating thereto shall be made to, the Department of Revenue. The administration of the Gasoline and Oil Inspection law shall otherwise be administered by the Commissioner of Agriculture. [1937; last amended 1949.]

Sec. 119-26. Enforcement.

In order to more fully carry out the provisions of this article [Secs. 119-14-119-47] there is hereby created a gasoline and oil inspection board of five members, to be composed of the commissioner of agriculture, the director of the gasoline and oil inspection division, and three members to be appointed by the governor, who shall serve at his will. The * Board shall have the power, in its discretion, after public notice and provision for the hearing of all interested parties, to pass all rules and regulations necessary for enforcing the provisions of the laws relating to the transportation and inspection of petroleum products; [1937; last amended 1949.]

Sec. 119-33. Inspection of measuring equipment; tolerances; condemnation; sealing; penalties.

The gasoline and oil inspectors shall be required to investigate and inspect the equipment for measuring gasoline, kerosene, lubricating oil, and other liquid petroleum products. Said inspectors shall be under the supervision of the commissioner of agriculture, and are hereby vested with the same power and authority now given by law to inspectors of weights and measures, in so far as the same may be necessary to effectuate the provisions of this article [Secs. 119-14-119-47]. The rules, regulations, specifications and tolerance limits as promulgated by the national conference of weights and measures, and recommended by the United States bureau of standards, shall be observed by said inspectors in so far as it applies to the inspection of equipment used in measuring gasoline, kerosene,

lubricating oil and other petroleum products. Inspectors of weights and measures appointed and maintained by the various counties and cities of the state shall have the same power and authority given by this section to inspectors under the supervision of the commissioner of agriculture. In all cases where it is found, after inspection, that the measuring equipment used in connection with the distribution of such products is inaccurate, the inspector shall condemn and seize all incorrect devices which in his best judgment are not susceptible of satisfactory repair, but such as are incorrect, and in his best judgment may be repaired, he shall mark or tag as "condemned for repairs" in a manner prescribed by the commissioner of revenue. After notice in writing the owners or users of such measuring devices which have been condemned for repairs shall have the same repaired and corrected within ten days, and the owners and/or users thereof shall neither use nor dispose of said measuring devices in any manner, but shall hold the same at the disposal of the gasoline and oil inspector. The inspector shall confiscate and destroy all measuring devices which have been condemned for repairs and have not been repaired as required by this article. The gasoline and oil inspectors shall officially seal all dispensing pumps or other dispensing devices found to be accurate on inspection, and if, upon inspection at a later date, any pump is found to be inaccurate and the seal broken, the same shall constitute prima facie evidence of intent to defraud by giving inaccurate measure, and the owner and/or user thereof shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred dollars nor more than one thousand dollars, or be im prisoned for not less than three months, or both, in the discretion of the court. Any person who shall remove or break any seal placed upon said measuring and/or dispensing devices by said inspectors until the provisions of this section have been complied with shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars nor more than two hundred dollars, or be imprisoned for not less than thirty days nor more than ninety days, or both, in the discretion of the court. Any person, firm, or corporation who shall sell or have in his possession for the purpose of selling or using any measuring device to be used or calculated to be used to falsify any measure shall be guilty of a misdemeanor, and shall be fined or imprisoned in the discretion of the court. [1937; last amended 1949.]

Sec. 119-39. General penalty.

Unless another penalty is provided in this article [Secs. 119-14-119-47], any person violating any of the provisions of this article or any of the rules and regulations of the commissioner of revenue or the commissioner of agriculture and/or the

General Statutes 1943, Vol. 3, Div. XVI, Ch. 119, Art. 3-"Gasoline and Oil Inspection Act"-Continued.

gasoline and oil inspection board shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars or be imprisoned for not more than twelve months, or both, in the discretion of the court. [1937; last amended 1949.]

Sec. 119-42. Carrier to have invoice in possession; contents of invoice.

Every person hauling, transporting or conveying into, out of, or between points in this state any motor fuel and/or any liquid petroleum product that is or may hereafter be made subject to the inspection laws of this state over either the public highways or waterways of this state, shall, during the entire time he is so engaged, have in his possession an invoice, or bill of sale, or bill of lading showing the true name and address of the person from whom he has received the motor fuel and/or other liquid petroleum products, the kind, and number of gallons so originally received by him, and the true name and address of every person to whom he has made deliveries of said motor fuel and/or other liquid petroleum products or any part thereof and the number of gallons so delivered to each said person. [1937; last amended 1949.]

General Statutes 1943, Vol. 1, Div. III, Ch. 14, Art. 1— Misdemeanors.

Sec. 14-3. Punishment when not otherwise prescribed.

All misdemeanors, where a specific punishment is not prescribed shall be punished as misdemeanors at common law; but if the offense be infamous, or done in secrecy and malice, or with deceit and

intent to defraud, the offender shall, except where the offense is a conspiracy to commit a misdemeanor, be guilty of a felony and punished by imprisonment in the county jail or state prison for not less than four months nor more than ten years, or shall be fined. [1883; last amended 1927.]

General Statutes 1943, Vol. 1, Div. III, Ch. 14, Art. 20-False Advertising.

Sec. 14-117. Unlawful acts; penalty.

It shall be unlawful for any person, firm, corporation or association, with intent to sell or in anywise to dispose of merchandise, securities, service or any other thing 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, to make public, disseminate, circulate or place before the public or cause 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 mer chandise, securities, service or any other thing so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading: Provided, that such advertising shall be done willfully and with intent to mislead. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. [1915]

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