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such grain or produce were determined by inspectors licensed under law; (1925)

Sec. 60-0216. Warehouse receipts.

A warehouse receipt shall:

1. Be issued only upon the actual delivery of grain to the warehouse for storage;

2. Contain the following provisions:

d. The gross weight, dockage, and net weight of the grain according to North Dakota standard weight; (1927; last amended 1933.)

Sec. 60-0222. Warehouseman liable for quantity.

A public warehouseman shall be liable to the owner for the delivery of the kind, grade, and quantity of grain called for by the warehouse receipt. [1927] Sec. 60-0223. Records of warehouseman.

Every public warehouseman shall keep a record of all grain received, stored, and shipped, stating the:

1. Weight;
2. Grade;
3. Dockage for dirt or other causes;
4. Name of owner;
5. Price paid; and

6. Storage charge collected. [1927]
Sec. 60-0226. Standard weights to be used; exception.

No person purchasing, selling, or storing grain in any public warehouse in this state shall use any measure for such grain other than the standard bushel?, and no number of pounds shall be used or called a bushel other than the number of pounds provided by law as the standard weight of the kind of grain in question, except that during the months of October and November, not exceeding eightytwo pounds, and during the months of December and January, not exceeding seventy-six pounds, may be used as the standard weight per bushel of new car corn. [1909; last amended 1927.]

1 See Sec. 64-0105, page 743; standard weight of bushel. Revised Code of 1943, Vol. 5, Title 60, Ch. 3—

Roving Grain Buyers. Sec. 60-0301. Definition.

The term “roving grain buyer”, when used in this chapter (Secs. 60-0301—60-0311], unless the context thereof otherwise requires, shall mean any person, copartnership, association, or corporation, other than warehousemen and track buyers, who shall buy grain from producers for resale and delivery within or without the state or for resale in the local markets. Nothing contained in this chapter shall apply to public warehouses or public

warehousemen and track buyers as defined in chapter 2 of this title (Secs. 60–0101–60–0855). [1937] Sec. 60-0306. False weighing; penalty.

Any person who knowingly shall cheat the seller of grain by false weight or otherwise, or who shall violate any provisions of this chapter (Secs. 60–0301 -60–0311] where punishment is not otherwise provided for, shall be guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both such fine and imprisonment. [1937] Sec. 60-0307. Public service commission to make rules and


The commission (public service commission) shall make such rules and regulations governing the business of roving grain buyers and shall issue such licenses as may be necessary and proper for the carrying into effect of the purposes of this chapter [Secs. 60-0301—60-0311]. Any person or corporation violating any of such rules or regulations is guilty of a misdemeanorand shall be punished accordingly. [1937]

1 See Sec. 12-0107, below; punishment for misdemeanor. Revised Code of 1943, Vol. 1, Title 12, Ch. 1–Mis

demeanors. Sec. 12-0107. Punishment when not otherwise prescribed.

Except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. [1895) Revised Code of 1943, Vol. 5, Title 5, Ch. 12—False

Sec. 51–1201. Unlawful acts.

No person, firm, corporation, or association with intent to sell, dispose of, increase the consumption of, or induce the public to enter into an obligation relative to, or to acquire title or interest in any food, drug, medicine, patent and proprietary prod. uct, merchandise, security, service, medical treatment, paint, varnish, oil, clothing, wearing apparel, machinery, or anything offered to the public, shall make, publish, disseminate, circulate, or place before the public, or directly or indirectly shall cause to be made, published, disseminated, circulated, or placed before the public in a newspaper, or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, tab, label, letter, or in any other way, an advertisement which contains any assertion, representation, or statement of fact which is untrue, deceptive, or misleading regarding such food, drug, medicine, patent and


Revised Code of 1943, Vol. 5, Title 5, Ch. 12—False

Advertising-Continued. proprietary product, merchandise, security, service, medical treatment, paint, varnish, oil, clothing, wearing apparel, machinery, or anything offered to the public. [1913] Sec. 51–1202. Penalty for violations.

Any person, firm, corporation, or association violating the provisions of section 51–1201, or aiding another to violate the same, is guilty of a misdemeanor, and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars

for the first offense, and for each subsequent offense shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment. [1913] Sec. 51-1203. Enforcement.

The state's attorneys, sheriffs, peace officers, health officers, and the state laboratories department shall enforce the provisions of section 51–1201 and shall have ingress to and egress from all places of business where it is believed that section 51-1201 is being violated. [1913]


Sec. 6420


6420_b 6420-C 6420_1


6421 6422 6422-1

Pago Coal and coke: Sales by weight; ton; scales; weight certificates

773 Same: Possession of weight certificates and bill of sale required; exception

773 Same: Enforcing agency

773 Same: Duty of police officers

773 Same: Certificate shown on demand; veri.

fication of weight; cost; procedure in

case of short weight or overweight 773 Same: Short weight; false weight certificate; penalty

774 Same: General penalty

774 Standard charcoal bushel

774 Fruits and vegetables: Standard climax baskets

774 Same: Standard baskets for small fruits and vegetables

774 Same: Standard hampers

774 Same: Standard round stave baskets 775 Same: Offenses; penalties

776 Same: Promulgation of rules and regulations; right of entry for teting

776 Same: Enforcing agency; tolerances 776 Same: Exceptions to standards

776 Same: Signed guarantee as exemption from prosecution

776 Flour, corn meal and grits: Standard weight containers; exceptions

776 Same: Penalties for violations



6422_3 6422_4 6422-5 6422-6

6422–7 6422-8 6422-9



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General Code, Throckmorton 1948, Part First, Title

III, Div. II, Ch. 11–Mine Scales Sec. 898_38 Deputy mine inspectors as sealers 777 898_85 Test weights to be provided by owner; penalty

777 898_166 Weigher: Oath; bond; penalty

777 898–167 Check weighman designated by miners; rights and duties; penalty

778 898_168 Check weighman designated by land own. ers; rights and duties; penalty

778 898_169 Check measurer designated by miners; penalty

778 898_170 Payment on basis of weight

778 898_175 Screening coal before weighing; penalty -- 778



eneral Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15—State Sealer of Weights and Measures

Page ec. 1088

Director of agriculture as state sealer:

767 1088_1 Sealing; testing; condemning; inspection of packaged goods

768 1088_2 Devices registering price and weight; test. ing; sealing; condemning

768 1088_3 County standards

768 1088_4 Same: Seal thereon

768 1088_5 Municipal standards

768 1088_6 Expense drawn from general revenue fund 768 1088_7 Inspection of gas meters

768 eneral Code, Throckmorton 1948, Part First, Title X, Ch. 3—County Sealer of Weights and Measures c. 2615

County auditor as county sealer; duties -- 768 2616 County sealer and deputy: Duties; penalty for violating section

769 2617 Duty to turn over standards, etc., to suc

769 2618 Penalty for refusal to turn over standards 769 2619 Surveyor's testimony; surveying instruments to conform to standards

769 2620 Penalty for using false weights and meas

769 2621 Preceding two sections not enforced when 769

2622 Appointment of deputy under seal; salary 769 neral Code, Throckmorton 1948, Part First, Title XII, Ch. 7-City Sealer of Weights and Measures :. 4318 Appointment; term

769 4319 Qualifications; salary

769 4320 Oath; bond

769 4321 Comparison of city standards with county standards

770 4322 Testing municipal weights and measures; sealing; condemning

770 neral Code, Throckmorton 1948, Part Second, Title 2, Ch. 32—Weights and Measures Standards; metric system

770 6404 Same: Construction of standards

770 6405 Same: Length and surface; yard

770 6406 Same: Rod; mile; chain

770 6407 Same: Acre

770 6408 Same: Perch of mason work or stone 770 6409 Same: Cord

770 6410 Standard weights

770 6411 Standard pound; divisions thereof; ton 770 6412 Standard liquid measure

770 6412-1 Standard milk and cream containers; ex. ception

771 6412-2 Same: Tolerances

771 6412_3 Same: Status of existing statutes; enforce

771 6412-4 Same: Penalties for violations

771 6413 Standard barrel and hogshead; brand

771 6414 Standard half-bushel

771 6415 Standard dry measure

771 6416 Heaped measure

772 6417 Dry commodities not heaped

772 6418 Standard weight of bushel; penalties for violations

772 6418_1 Fruits and vegetables to be sold upon basis

of weight or count; exception; defini-
tions; penalty for violation ---

772 6419 Standard measure for stone coal and lime 772




1949 Supplement (Legislative Issue) to 1948 Throck

morton Code, Part First-"Livestock Remedy Act" Sec. 1140_24 Definitions

779 1140_25 Unlawful acts

779 1140_26 Registration; exemptions

779 1140_30 When deemed misbranded

779 1140_32 Embargo

780 1140_34 Penalties for violations; notice and hear. ing; minor violations

780 1140-36 Enforcement; rules and regulations 780

General Code, Throckmorton 1948, Part Second, Tide

II, Ch. 11–Grist Mills

General Code, Throckmorton 1948, Part First, Title
III, Div. II, Ch. 15—Bread

Page Sec. 1090–37 Weight; marking requirements

780 1090_38 Rules and regulations; tolerances; enforcing provisions

781 1090_43 Penalties for violations


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General Code, Throckmorton 1948, Part First, Title

III, Div. II, Ch. 17–Agricultural Liming Materials Sec. 1177-44 Marking requirements

782 1177-50 Rules and regulations

782 1177–53a Penalty for violations; prima facie evidence 782

General Code, Throckmorton 1948, Part Second, Title

II, Ch. 14Inspection of Various Articles Sec. 5987 Inspectors: Appointment

785 5988 Same: Oath and bond

785 5989 Same: Suits on bond

785 5990 Same: General duties 5991 Same: Unmerchantable articles 5992 Same: Neglest of duty; penalty

786 5993 Manufacturer undermarking tare; penalty 786 5994 Inspector: Procedure upon condemnation; certificate

786 5995 Same: Inspection fees

786 5996 Same: Offenses; penalties 5997 Municipal corporations may appoint inspectors

786 5998 Flour and meal: Barrel dimensions; weight

when packed; marking requirements. -- 786 5999 Same: Barrel and package brand; offenses; penalties

787 6001 Same: Fraudulent packing; penalty 6002 Beef and pork: Regulation barrel

787 6003 Same: Regulation half-barrels

787 6004 Same: Weight and contents of barrel; mess

beef; prime beef
6005 Same: Barrel of mess pork or prime pork;
navy pork

787 6006 Linseed, flaxseed or lard oil: Standard

weight of gallon
6007 Same: Regulation barrel
6008 Same: Inspection for weight; brand
6009 Same: Inspection fee
6013 Fish: Regulation barrel

788 6016 Same: Weight of barrel; marking requirements

788 6017 Same: Packer; bond

788 6018 Same: Packer as inspector; brand

788 6019 Same: Offenses; penalty

788 6020 Salt: Regulations as to packing; marking requirements

788 6021 Same: Penalty for violating preceding sec

6022 Same: Shipment in bulk.

788 6029 Same: Tare on salt barrels

788 6036 Butter and lard: Marking requirements. 788 6037 Biscuits: Marking requirements 6038 Pot and pearl ashes: Regulation barrel; tare

789 6039 Soap and candles: Package marking; penalty


General Code, Throckmorton 1948, Part First, Title

III, Div. II, Ch. 17—Livestock Dealers Sec. 1177-71 Definitions

782 1177-72 License required

782 1177-73 Scale test certificate must be filed before issuance of license

783 1177-74 Revocation or refusal of license

783 1177–76a Regulations for operation of weighing facilities

783 1177-76b Weigher's license; revocation

783 1177-76c False weight, etc.; penalty

783 1177-76d Maintenance and operation of weighing facilities; testing and sealing

783 1177-76e Right of entry of state inspectors.

784 1177-79 Rules and regulations

784 1177-80 Penalty for violations of act_


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General Code, Throckmorton 1948, Part Fourth, Title

I, Ch. 6 Food and Drugs, Penal Provisions Sec. 12758 Selling misbranded article; penalty 785 12758-1 Violation of Sec. 5778: Confiscation and

destruction of machinery; evidence 785

General Code, Throckmorton 1948, Part Second, Title

II, Ch. 24-Paints and Naval Stores
Sec. 6331 Marking requirements

6334 Measure or weight to be shown.
6335 Evidence of violation
6336 Enforcing agency

789 789 789

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General Code, Throckmorton 1948, Part Fourth, Title
I, Ch. 16 Frauds

Pago Sec. 13106 Selling by false weights; penalty

791 13107 Sale of stone-coal by unlawful weights or measures; penalty -

791 13109 Miller, etc. must use standard half-bushel; offense; penalty

791 13110 Taking illegal toll at mill; penalty-. 791 13128 Packaged commodities: Failure to mark

weight or quantity on packages; excep

tions; sale by net weight; penalty- 791 13128_1 Fruits and vegetables: Definitions

791 13128-2 Same: Containers; marking requirements.- 792 13128_3 Same: Sale in unmarked containers prohibited; exceptions

792 13128–5 Same: Penalty for violating act

792 1312846 $ame: Enforcement

792 13128-8 Same: Disposition of penalties

792 13128-9 Same: Exceptions

792 13128-10 Same: Used containers

792 13128–12 Apple container: Definition

792 13128–13 Same: Marking requirements

792 13128-17 Same: Penalty for violations

792 13128–18 Same: Enforcing agency

793 13128–19 Same: Disposition of penalties

793 13128–20 Same: Exceptions

793 13128-21 Same: Used containers

793 13147 Tobacco: False packing; penalty

793 13165 Binding twine: Marking requirements...

798 13193-2 False advertising; misdemeanor; penalty-- 793 13193_3 Same: Prosecuting attorney may bring action


General Code, Throckmorton 1948, Part Fourth, Title

I, Ch. 6Maple Syrup Sec. 12763 Definition; standard weight of gallon ---- 791 12764 Penalties for violations


General Code, Throckmorton 1948, Part First, Title

III, Div. II, Ch. 15—State Sealer of Weights and Measures.

Sec. 1088. Director of agriculture as state sealer: Duties.

The director of agriculture shall be state sealer, and shall make, promulgate and enforce such rules and regulations as may be necessary to the prompt and effective enforcement of the weights and measures laws of this state. The standards of weights and measures adopted by the state shall be deposited in a suitable room at Columbus, and be kept in suitable cases, to be opened only for the purpose of comparing them with such standards and copies which by law are furnished for the use of the several counties or villages unless by joint resolution of the general assembly, or upon a call of either house for information, or by order of the governor for scientific purposes, it is otherwise ordered. The director of agriculture shall, once every three years, require each county auditor and city or village sealer, in this state, to present all standirds of weights and measures in their possession to nim for comparison with the standards adopted by he state, and he shall condemn and destroy all of uch standards as do not conform with the standirds adopted by the state. Each county auditor and each city and village sealer shall be required to procure copies of all the original standards adopted by the state named in section 1088–3 of the General

Code, except such standards now in their possession as the director of agriculture shall find to conform with the standards adopted by the state. It shall be the duty of the director of agriculture to advise and assist all county, city and village sealers, and generally be charged with the enforcement of all laws relating to weights and measures, and in the performance of such duties it may use the service of any person employed in his department. The director of agriculture or any person employed by him for that purpose may try and prove any weights, measures, balances and any other weighing or measuring devices, on request from any person, and when the same are found or made to conform to the state standards shall cause the same to be sealed and marked as provided in section 26161 of the General Code. The director of agriculture shall have authority to call conferences of county and city sealers of weights and measures and their deputies, for the purpose of instructing such sealers and deputy sealers in the proper administration of weights and measures laws and regulations. Traveling expenses incurred by such officials shall be paid out of the proper county or city treasury upon the presentation of a certificate from the director of agriculture certifying the fact of such attendance, and upon allowance by the proper county or city authority. [1945]

1 See page 769.

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