Sec. 6420. Coal and coke: Sales by weight; ton; scales; weight certificates.

Sales of coal or coke shall be by weight; and two thousand pounds avoirdupois shall constitute a ton thereof. All coal or coke sold or delivered within this state shall be weighed on a scale inspected and sealed by a sealer of weights and measures as provided by law. At the time of the weighing of such coal or coke, duplicate weight certificates, written in ink or indelible pencil, or partly printed and partly written with ink or indelible pencil, shall be delivered by the weigher to the person in charge of the truck, wagon or other vehicle delivering the same, which certificates shall show the name and address of the seller, the name and address of the consignee, the name and address of the person in charge of the truck, wagon or other vehicle, the gross weight of the load, the weight of the truck, wagon or other vehicles used in such delivery, the date of the weighing, and the weight of the coal or coke purported to be delivered. The weigher shall imprint on said duplicate certificates, across the figures showing the weights, a seal showing the name and place of the scale where weighed, and the words "Inspected and sealed scale." One certificate shall be delivered by the person in charge of the said truck, wagon or other vehicle to the purchaser of said coal or coke, or other person in charge of the premises where said coal or coke is to be delivered, prior to the unloading of the same, and the other certificate shall be carried by the person in charge of said truck, wagon or other vehicle to and from the place of delivery. [1869; last amended 1941.]

Sec. 6420-a. Same: Possession of weight certificate and bill of sale required; exception.

Any person driving or operating a truck, wagon or other vehicle in which coal or coke is being transported, upon the streets, roads or highways of the state of Ohio, whether within or without the limits of a municipal corporation, shall have in his possession the weight certificate required by section 6420, General Code of Ohio; and in addition thereto, shall have in his possession bill of sale or invoice as may be required by any order now or hereafter issued by the bituminous coal division of the United States department of the interior, and such bill of sale or invoice shall contain and state the things required in any such order.

This provision shall not apply to the transportation of coal or coke from a mine or other place of loading, to a scale for the purpose of securing a weight certificate, unless, however, the person transporting such coal or coke has had access to a scale at the site of loading; or near thereto. [1941] Sec. 6420-b. Same: Enforcing agency.

It shall be the duty of the state highway patrol to enforce the provisions of section[s] 6420 and 6420-a in addition to their other duties as pre

scribed in section 1181-3 of the General Code of Ohio. [1941]

Sec. 6420-c. Same: Duty of police officers.

It shall be the duty of all police officers of the state of Ohio having jurisdiction in the political subdivisions where such coal or coke is being transported or is to be delivered to enforce the provisions of sections 6420 and 6420-a. [1941]

Sec. 6420-1. Same: Certificate shown on demand; verification of weight; cost; procedure in case of short weight or overweight.

On demand made by an officer of the state highway patrol, or any other authorized police officer having jurisdiction in the political subdivision where such coal or coke is being transported, or is to be delivered, the person in charge of or driving such truck, wagon or other vehicle transporting or delivering coal or coke, shall exhibit such certificate and invoice or bill of sale to such highway patrolman or such police officer for inspection. If such police officer, from an inspection of such certificate or invoice or bill of sale, and the load of such truck, wagon or other vehicle, has reasonable cause to suspect that the weights, quality or grade of coal or coke shown on such certificate or invoice or bill of sale, are incorrect, he may cause said person in charge of said truck, wagon or other vehicle to drive to an inspected and sealed scale for the purpose of verifying the weights shown on said certificate, invoice or bill of sale. In so doing, he shall, if possible, use the nearest inspected and sealed scale. The cost of verifying such weights shall be paid by the political subdivision wherein such verification has been demanded. If such verification of weights shows a shortage greater than two per cent (2%) on loads of two and one-half tons or less, or a shortage greater than one hundred pounds on loads of over two and one-half tons in the weights as shown by said certificate of weights, such fact shall be reported to the proper officer or officers for prosecution and shall be prima facie evidence of attempting to sell or deliver coal or coke by short weight. If such verification of weights shows that such truck, wagon or other vehicle has coal or coke on it exceeding two per cent (2%) or more the weights which the certificate, invoice or bill of sale states, then and in that event the officer making such verification shall forthwith report the fact, giving the name of the owner of the truck, wagon or other vehicle; the name of the shipper of the coal or coke therein; the name of the buyer thereof; the date and place of the inspection; the officer making the same; the amount of the overweight; and the description of the truck, wagon or other vehicle, to the U. S. department of the interior, bituminous coal division, Washington, D. C., for prosecution in pursuance of the bituminous coal act of 1937, otherwise known as public number 48, 75th congress, H. B. 4985. [1935; last amended 1945.]

General Code, Throckmorton 1948, Part Second, Title 2, Ch. 32-Weights and Measures-Continued.

Sec. 6420-2. Same: Short weight; false weight certificate; penalty.

Any person, firm or corporation who sells or attempts to sell or deliver coal or coke of short weight, or who issues a short weight certificate as herein provided for, or who sells or attempts to alter a weight certificate after the same has been issued, or who operates a truck, wagon or other vehicle upon any of the public streets, roads or highways of the state of Ohio, without the certifi cate, and invoice or bill of sale required by any order now or hereafter issued by the U. S. department of the interior, bituminous coal division, Washington, D. C., in his possession, or who violates any of the provisions of this act [Secs. 6420— 6420-21, shall be guilty of a misdemeanor, and shall be fined not less than twenty-five ($25.00) dollars, or more than fifty ($50.00) dollars, and in addition thereto the court may revoke his chauffeur's license for one year. And if said truck, wagon or other vehicle is being operated by the owner, or the agent of the owner, thereof, at the time of said violation, the court may declare the use of said truck, wagon, or other vehicle to be unlawful in the transportation of coal or coke in the state of Ohio upon the public streets, roads or highways of the state of Ohio, for one year from the date of the conviction for such offense. [1935; last amended 1941.]

Sec. 6421. Same: General penalty.

Whoever sells stone coal in violation of this chapter [Secs. 6403-6422-10] shall be liable to the person to whom such coal is sold and delivered in treble damages. If the defendant in such action does not reside in the county where the mine is located, service may be had upon him by leaving a copy of the summons at his place of business. A judgment recovered in such action shall be a lien upon all property of such defendant in the county from the day of service. This section shall not apply to a person or corporation mining or selling less than fifteen thousand bushels of coal annually. [1875]

Sec. 6422. Standard charcoal bushel.

The standard of measurement for a bushel of charcoal shall be twenty-seven hundred and fortyeight cubic inches. [1885]

Sec. 6422-1. Fruits and vegetables: Standard climax baskets.

That standards for Climax baskets for grapes and other fruits and vegetables shall be the two-quart basket, four-quart basket and twelve-quart basket respectively:

(a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches; width of bottom

piece, three and one-half inches; thickness of bot tom piece, three-eighths inches; height of basket, three and seven-eighths inches, outside measure ment; top of basket, length eleven inches and width five inches outside measurement. Basket to have a cover of five by eleven inches, when a cover is used.

(b) The standard four-quart Climax basket shall be of the following dimensions: Length of bottom piece, twelve inches; width of bottom piece, four and one-half inches: thickness of bottom piece, three-eighths of an inch; height of basket, four and eleven-sixteenths inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover is used.

(c) The standard twelve-quart Climax basket shall be of the following dimensions: Length of bottom piece, sixteen inches; width of bottom piece, six and one-half inches; thickness of bot tom piece, seven-sixteenths of an inch; height of basket, seven and one-sixteenths inches, outside measurement; top of basket, length nineteen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used. [1919]

Sec. 6422-2. Same: Standard baskets for small fruits and vegetables.

That standard basket or other container for small fruits, berries, and vegetables shall be of the fol lowing capacities: Namely, dry one-half pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half-pint shall contain sixteen and eight-tenths cubic inches.

(b) The dry pint shall contain thirty-three and six-tenths cubic inches.

(c) The dry quart shall contain sixty-seven and two-tenths cubic inches.

The dimensions of the one-quart box used in the sale of berries or other small fruits shall be as follows: Five and one-tenth inches square on top, four and three-tenths inches square on the bottom and three inches in depth. [1919]

Sec. 6422-3. Same: Standard hampers.

That the standard hampers for fruits and vege tables shall be the one peck hamper, one-half bushel hamper, one bushel hamper, and one and one-half bushel hamper respectively.

(a) The standard one peck hamper shall contain five hundred thirty-seven and six-tenths cubic inches, and conform to the following specifications: The inside diameter between staves at upper edge of the top inside hoop shall be ten and threeeighths inches; the inside diameter of the bottom shall be six and one-half inches; the inside length of the staves shall be nine-and five-eighths inches; the inside top hoop shall be one-tenth inch thick and set with its upper edge even with the upper

ends of the staves; there shall be ten staves, each not less than one-tenth inch thick and ten and one-eighth inches long; and the bottom piece shall be one-half inch thick.

(b) The standard one-half bushel hamper shall contain one thousand, seventy-five and twenty-one one-hundredths cubic inches, and conform to the following specifications: The inside diameter between staves at upper edge of the top inside hoop shall be thirteen inches; the inside diameter of the bottom shall be eight inches; the inside length of staves shall be twelve and one-half inches; the inside top hoop shall be one-ninth of an inch thick and set with its upper edge even with the upper ends of the staves; there shall be ten staves, each not less than one-tenth of an inch thick and thirteen and one-eighth inches long; and the bottom piece shall be five-eighths of an inch thick.

(c) The standard one bushel hamper shall contain two thousand, one hundred fifty and forty-two one-hundredths cubic inches, and conform to the following specifications: The inside diameter between staves at upper edge of the top inside hoop shall be fifteen and one-eighth inches; the inside diameter of the bottom shall be nine inches; the inside length of the staves to the upper edge of the top inside hoop shall be nineteen inches; the inside top hoop shall be one-eighth of an inch thick and set with its upper edge three-eighths of an inch below the upper ends of the staves; there shall be either ten or twelve staves, each not less than one-eighth of an inch thick and twenty inches long; and the bottom piece shall be five-eighths of an inch thick.

(d) The standard one and one-half bushel hamper shall contain three thousand, two hundred twenty-five and sixty-three one-hundredths cubic inches, and conform to either of the following specifications.

(1) The inside diameter between staves at upper edge of the top inside hoop shall be sixteen and one-fourth inches; the inside diameter of the bottom shall be nine inches; the inside length of the staves to the upper edge of the top inside hoop shall be twenty-five and thirteen-sixteenths inches; the inside top hoop shall be one-eighth of an inch thick and set with its upper edge three-eighths of an inch below the upper ends of the staves; there shall be ten staves, each not less than one-sixth of an inch thick and twenty-seven inches long; and the bottom piece shall be five-eighths of an inch thick.

(2) The inside diameter between staves at upper edge of the top inside hoop shall be sixteen and three-fourths inches; the inside diameter of the bottom shall be ten inches; the inside length of the staves to the upper edge of the top inside hoop shall be twenty-three inches; the inside top hoop shall be one-eighth of an inch thick and set with its upper edge three-eighths of an inch below the

upper ends of the staves; there shall be ten staves, each not less than one-eighth of an inch thick and twenty-four inches long, and the bottom piece shall be five-eighths of an inch thick. [1919]

Sec. 6422-4. Same: Standard round stave baskets.

That the standard round stave baskets for fruits and vegetables shall be one-half bushel basket, one bushel basket, one and one-half bushel basket and two bushel basket respectively.

(a) The one-half bushel round stave basket shall contain one thousand seventy-five and twenty onehundredths cubic inches, and conform to the following specifications: The inside diameter at the upper edge of the top inside hoop shall be thirteen and one-half inches; the average inside depth shall be not less than eight and one-half inches; the web shall consist of twenty intersecting staves, each not less than one-eighteenth of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain sixteen quarts, standard dry measure.

(b) The one bushel round stave basket shall contain two thousand, one-hundred fifty and forty-two one-hundredths cubic inches, and conform to the following specifications: The inside diameter at upper inner edge of the top inside hoop shall be seventeen inches; the average inside depth shall be not less than ten and three-fourths inches; the web shall consist of twenty intersecting staves, each not less than one-eighteenth of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain thirty-two quarts standard dry measure.

(c) The one and one-half bushel round stave basket shall contain three thousand, two hundred and twenty-five and sixty-three one-hundredths cubic inches, and conform to the following specifications: The inside diameter at upper inner edge of the top inside hoop shall be nineteen inches; the average inside depth shall be not less than twelve and three-fourth [s] inches; the web shall consist of twenty-four intersecting staves, each not less than one-sixteenth of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain forty eight quarts standard dry measure.

(d) The two bushel round stave basket shall contain four thousand, three hundred, and eightyfour one-hundredths cubic inches, and conform to the following specifications: The inside diameter at upper inner edge of the top inside hoop shall be twenty and three-fourths inches; the average inside depth shall be not less than thirteen and threefourths inches; the web shall consist of twenty-four intersecting staves, each not less than one-sixteenth of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain sixty-four quarts, standard dry measure. [1919]

General Code, Throckmorton 1948, Part Second, Title 2, Ch. 32—Weights and Measures—Continued.

Sec. 6422-5. Same: Offenses; penalties.

That it shall be unlawful to ship or deliver for shipment within the state of Ohio, Climax baskets, small fruit baskets, hampers, or round stave baskets, for fruits or vegetables, either filled or unfilled or parts of such Climax baskets, small fruit baskets, hampers or round stave baskets, that do not comply with this act [G. C. secs. 6422-1 to 6422-10]; or fruits or vegetables in Climax baskets, small fruit baskets, hampers or round stave baskets, that at the time of such shipment, delivery for shipment, or offer for sale, are not filled to the full capacity thereof, stricken measure. An individual, partnership, association or corporation, that wilfully violates this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding $100.00 or imprisonment not exceeding sixty days or both. [1919]

Sec. 6422-6. Same: Promulgation of rules and regulations; right of entry for testing.

That the secretary of agriculture is authorized to prescribe such regulations as he may find necessary for carrying into effect the provisions of this act [G. C. secs. 6422-1 to 6422-10], and to cause such examinations and tests to be made as may be necessary in order to determine whether Climax baskets, small fruit baskets, hampers and round stave baskets or parts thereof subject to this act, meet its requirements. For said purpose the authorized officers and agents of the secretary of agriculture may visit factories, stock rooms, and other places of business where such hampers or baskets or parts thereof are manufactured or held for sale or shipment or offered for sale, may enter cars, vessels, other vehicles and places under the control of carriers engaged in the transportation of such hampers or baskets or parts thereof, and may take samples of such hampers or baskets or parts, the cost of which samples, upon request, shall be paid to the person entitled thereto. [1919]

Sec. 6422-7. Same: Enforcing agency; tolerances.

It shall be the duty of the secretary of agriculture to enforce all the provisions of this act [G. C. secs. 6422-1 to 6422-10], and to prescribe such rules and regulations not otherwise herein provided, as he may deem necessary, for the efficient execution of the provisions of the same, including the amount of tolerance necessary in the enforcement of this act, because of the impossibility of perfect scientific exactitude in the manufacture of such Climax baskets, small fruit baskets, hampers and round stave baskets; and which regulations and tolerances shall be in conformity with those from time to time

promulgated by the United States department of agriculture. [1919]

Sec. 6422-8. Same: Exceptions to standards.

The secretary of agriculture for good and sufficient reasons may permit the use of Člimax baskets, small fruit baskets, hampers and round stave baskets of a different form from the baskets prescribed in this act [G. C. secs. 6422-1 to 6422-10] but of the same capacity. [1919]

Sec. 6422-9. Same: Signed guarantee as exemption from prosecution.

That no dealer shall be prosecuted under the provisions of this act [Secs. 6422-1 to 6422-10] when he can establish a guaranty signed by the manu facturer, wholesaler, jobber, or other party resid ing within the United States from whom such Climax basket, baskets, or other containers as defined in this act, were purchased, to the effect that said Climax basket, baskets, or other containers are correct within the meaning of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of Climax basket, baskets, or other containers, hampers or round stave baskets, to such dealer, and in such case said guarantor shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of this act. [1919]

Sec. 6422-11. Flour, corn meal and grits: Standard weight containers; exceptions.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or or ganization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of five, ten, twenty-five, fifty, and one hundred pounds, and multiples of one hundred pounds: Wheat flour. self-rising wheat flour, phosphated wheat flour bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, hominy and hominy grits; provided, however that the provisions of this act [Secs. 6422-11-642212] shall not apply to (a) the retailing of flours meals, hominy and hominy grits direct to the con sumer from bulk stock, or (b) for the sale of flour and meals to commercial bakers or blenders or for export in containers of more than one hundred pounds, or (c) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than three pounds, or (d) the exchange o wheat for flour by mills grinding for toll. [1945]

Sec. 6422-12. Same: Penalties for violations.

Any willful violation of section 6422-11 shal constitute a misdemeanor and upon conviction the offender shall be fined not less than twenty-fiv dollars nor more than five hundred dollars for eac offense. [1945]

General Code, Throckmorton 1948, Part First, Title XII, Div. II, Ch. 1-Municipal Corporations.

Sec. 3616. Powers.

All municipal corporations shall have the general powers mentioned in this chapter [Secs. 36153676], and council may provide by ordinance or resolution for the exercise and enforcement of them. [1902; last amended 1908.]

Sec. 3651. Same: Weights and measures.

To regulate the weighing and measuring of hay, wood and coal, and other articles exposed for sale, and to provide for the seizure, forfeiture and destruction of weights and measures, implements and appliances for measuring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not conform to the standards established by law and which are known, used or kept to be used for weighing or measuring articles to be purchased, sold or offered or exposed for sale. [1902; last amended 1908.]

General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 1-Public Utilities.

Sec. 521. Rules and regulations for weighing of cars and freight.

The commission [public utilities commission] may enforce reasonable regulations for furnishing cars to shippers, switching, loading and unloading them, and the weighing of cars and freight offered for shipment over any line of railroad. [1906] Sec. 614-36. Rules and regulations for testing; meters. The commission [public utilities commission] may prescribe reasonable regulations for examination and testing of such product or service and for the measurements thereof [gas, electricity, water, etc.]. It may establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto. [1911]

Sec. 614-37. Examinations and tests; testing on request; fees. The commission [public utilities commission] may provide instruments for and carry on the examination and testing of any and all appliances used for the measurement of any product or service of a public utility or for the examination and testing of any devices or appliances of such public utility used for testing for accuracy any and all appliances used for the measurement of any product or service of such public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission may declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fees to be paid by the consumer or user at the time the request is made, but to be paid by the public utility

and repaid to the consumer or user if the appliance be found commercially defective or incorrect to the disadvantage of the consumer or user. [1911] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 11-Mine Scales.

Sec. 898-38. Deputy mine inspectors as sealers.

The deputy mine inspectors are hereby vested with all the powers and authority of county auditors as sealers of weights and measures in the different counties of this state, but shall exercise such authority in connection with weights and measures at mines only. Each deputy inspector of mines, may upon his regular examination of a mine, and shall, upon the written request of the duly authorized representatives of the miners, the owner, lessee or agent, or the interested land owner, test the accuracy of the scales at any time, and post in the weight house a certificate provided by the chief, division of mines, certifying the condition of the scales, provided that such tests be made at a reasonable time without unnecessary interference with the use of such scales. [1941]

Sec. 898-85. Test weights to be provided by owner; penalty. The owner, lessee or agent of a mine, at which the earnings of ten or more persons depend upon the weights of coal mined shall provide and keep accessible for the purpose of testing the weight scales as provided elsewhere in this act [Secs. 898 to 898-2021, the following standard test weights properly sealed: where the coal mined is weighed upon hopper or pan scales, two standard test weights of fifty pounds each; where the coal mined is weighed upon railroad track scales, ten standard weights of fifty pounds each.

Any owner, lessee or agent or operator of a mine who wilfully refuses or neglects to comply with the provisions of this section shall, upon conviction thereof, be fined not less than twenty-five dollars, nor more than fifty dollars and for a second or any subsequent offense shall be fined not less than fifty dollars, nor more than one hundred dollars. [1941]

Sec. 898-166. Weigher: Oath; bond; penalty.

Any person employed to weigh coal at a mine in which ten or more miners are employed and upon the weight of which the earnings of the miners depend, shall take and subscribe to an oath before an officer authorized to administer the same, that he will correctly weigh all coal taken from such mine under existing contracts between the owner, lessee or agent, and the miners and give due credit for same; and when required by existing contracts between the lessor and lessee, he shall give due credit to such lessor. He shall also give bond in the sum of three hundred dollars, with two sureties approved by the clerk of the township in which such mine is situated, conditioned for the