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Revised Code of 1943, Vol. 5, Title 60, Ch. 2–Grain
Warehouses

Page Sec. 60_0201 Definitions

762 60_0203 Enforcement

762 60_0210 Warehouse license to be posted; penalty; revocation of license

762 60_0211 Scale tickets

762 60_0212 False weighing; penalty

762 60_0214 Stub record to show net weight and dockage

762 60–0215 Warehouse receipts issued by public terminal elevators

762 60_0216 Warehouse receipts

763 60_0222 Warehouseman liable for quantity

763 60_0223 Records of warehouseman

763 60–0226 Standard weights to be used; exception 763

Revised Code of 1943, Vol. 5, Title 60, Ch. 3—Roving
Grain Buyers

Page Sec. 60_0301 Definition

763 60-0306 False weighing: penalty

763 60_0307 Public service commission to make rules and regulations

763 Revised Code of 1943, Vol. 1, Title 12, Ch. 1—Mis

demeanors Sec. 12_0107 Punishment when not otherwise prescribed 763 Revised Code of 1943, Vol. 5, Title 5, Ch. 12—False

Advertising Sec. 51–1201 Unlawful acts

763 51-1202 Penalty for violations

764 51_1203 Enforcement

764

42

Revised Code of 1943, Vol. 5, Title 64, Ch. 1–Weights

and Measures, General Units. Sec. 64-0101. Dry measure.

The standard measure of capacity for commodities sold by dry measure shall be the bushel containing two thousand one hundred fifty and fortytwo hundredths cubic inches. The half bushel, peck, half peck, quarter peck, quart, and pint shall be derived by successively dividing that measure by two. [1919] I Sec. 64_0102. Liquid measure.

The standard measure of a capacity for liquids shall be the wine gallon containing two hundred thirty-one cubic inches. A barrel shall contain thirty-one and fifty hundredths gallons and a hogshead shall contain sixty-three gallons. [1919] Sec. 64_0103. Lineal measure.

The standard measure of length, from which all bother measures of extension, lineal, superficial, or solid shall be derived, is the yard of three feet or thirty-six inches. [1919) Sec. 64-0104. Hundredweight.

In contracts for the sale of goods or commodities the term “hundredweight” shall mean

one hundred pounds avoirdupois. [1919] Sec. 64_0105. Standard weight of bushel.

In contracts for the sale of any of the following articles, the term "bushel" shall mean the number bf pounds avoirdupois herein stated: 1

Pounds Alfalfa

60 Apples

50 Apples, dried

28 Barley

48 Beans

60 Beans, broad Windsor

47 Beans, Lima

55 Beans, white runner pole

50 Beets

60 Blue grass seed

14 Bran Bromus inermis

14 Broom corn seed

30

Pounds Buckwheat Corn, in the ear2

70 Corn, shelled

56 Corn, sweet

48 Carrots

45 Chestnuts

50 Clover seed

60 Coal, stone

80 Cranberries

36 Cucumbers

48 Flaxseed

56 Hempseed

50 Hickory nuts

50 Hungarian grass seed

48 Lime

80 Millet

50 Oats

32 Onions

52 Onions, bottom sets

32 Onions, top sets

28 Orchard grass seed

14 Parsnips

42 Peaches, dried

28 Peanuts Pears

45 Peas Plastering hair, unwashed

8 Plastering hair, washed

4 Potatoes, Irish

60 Potatoes, sweet

46 Rapeseed

50 Rhubarb

50 Rutabagas

52 Rye

56 Salt

80 Sorghum seed

57 Speltz

40 Timothy seed

45 Turnips

60 Tomatoes

50 Walnuts

50 · Wheat

60 [1895; last amended 1919.

1 A slight change has been made in the arrangement for convenience of reference.

2 See Sec. 60–0226, p. 763, providing exception as follows: During October and November, not exceeding 82 pounds, and during December and January not exceeding 76 pounds may be used as standard weight per bushel of new ear corn. Sec. 64_0106. Ton of hay; cubic measure.

By weight a ton of hay shall consist of two thousand pounds, and by measurement, of three hun.

20

or

Revised Code of 1943, Vol. 5, Title 64, Ch. 1–Weights

and Measures, General Units—Continued. dred and forty-three cubic feet after the same shall have been stacked thirty days or such other time as may be agreed upon between the parties. [1895) Sec. 64–0107. Standard measurement of wood.

In all contracts for the sale of wood, the term “cord” shall mean one hundred twenty-eight cubic feet of wood, in four-foot lengths. If the sale is of "sawed wood”, a cord shall mean one hundred ten cubic feet when ranked, or one hundred sixty cubic feet when thrown irregularly or loosely into a conveyance for delivery to the purchaser. If the sale is of “sawed and split" wood, a cord shall mean one hundred twenty cubic feet when ranked and one hundred seventy-five cubic feet when thrown irregularly and loosely into a conveyance for delivery. [1919) Sec. 64-0108. Standard weight of coal, charcoal, and ice.

In all contracts for the sale of coal, charcoal, and ice the term "ton" shall mean two thousand pounds. A sale of coal, charcoal, or ice in any other manner except by weight is prohibited. [1919] Sec. 64–0109. Standard weight of four.

In all contracts for the sale of flour, the term “barrel” shall mean one hundred ninety-six net pounds avoirdupois. [1919) Sec. 64-0110. Perch of stone.

A perch of mason work or stone shall consist of twenty-five feet, cubic measure. (1895) Sec. 64-0111. Fractional parts of weights and measures.

All contracts for the sale of a fractional part of a bushel, barrel, ton, or cord of any article or commodity on which the legal weight or measurement per bushel, barrel, ton, cord, gallon, or fractional part has been established, shall require and mean a like fractional part of the legal and established weight or measurement per bushel, barrel, ton, or cord. [1919) Revised Code of 1943, Vol. 5, Title 64, Ch. 2—Weights

and Measures, Department of Weights and Measures.

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the plural, as the case demands, and shall include individuals, partnerships, stock companies, or the agents or employees thereof;

5. “Public scale” shall include any scale weighing device for the use of which a charge is made or compensation is derived. [1905; last amended 1933.1 Sec. 64–0202.1 Supervision of weights and measures by public service commission.

All weights, weighing devices, gasoline pumps, coin-weighing machines or scales, and measures in this state shall be supervised and controlled by the commission. [1905; last amended 1933.]

1 See Sec. 19-0118, page 752; duties of state laboratories de partment as to weights and measures. Sec. 64–0203. Commission shall prescribe rules and regula

tions.

The commission shall prescribe, adopt, amend, and modify rules, regulations, and schedules, as may be deemed necessary. Any rules, regulations, and schedules so prescribed and adopted shall have the force and effect of law. [1929; last amended 1931.] Sec. 64-0204. Tolerances and variations to be established

by commission.

The commission shall establish uniform toler. ance or reasonable variances to take care of unavoidable shrinkage or of scale variances in the handling or weighing [sic] of any commodity. [1929; last amended 1931.] Sec. 64–0205. Chief inspector and other employees: Em

ployment of; compensation.

The commission shall appoint and fix the compensation of a chief inspector of weights and measures who shall be the head of the department and shall hold his office for a term of two years or until his successor is appointed and qualified and shall be removable for cause only. The commission shall employ such expert scalemen or other employees as may be necessary to carry out the provisions of this title (Secs. 64–0101—64–3012] and shall fix their compensation. [1929; last amended

[; 1931.) Sec. 64–0206. Employees shall give bond.

The chief inspector, expert scalemen, and other employees shall be bonded in the state bonding fund in the penal sum of one thousand dollars each. [1929; last amended 1931.] Sec. 64–0207. Duties of chief inspector.

The chief inspector shall:

1. Have charge of, keep, and maintain in good order the standards of weights and measures of the state and submit them to the bureau of standards at Washington, D. C. for certification when he deems it necessary;

2. Keep a seal so formed as to impress the let

Sec. 64–0201. Definitions,

In this title [Secs. 64–0101—64–0312], unless the context or subject matter otherwise requires:

1. "Commission” shall mean the public service commission;

2. “Department" shall mean the department of weights and measures under the public service commission;

3. "Gasoline pump" shall include any pump, meter, or similar device used for measuring gasoline for sale;

4. “Person” shall import both the singular and

ters"N.D." and the date of sealing upon the weights and measures that are sealed;

3. At least once every year, and as much oftener as may be necessary, test, correct, and seal, when found to be accurate, all the copies of the standards used throughout the state for the purpose of testing the weighing or measuring apparatus used in the state, and keep a record thereof;

4. Have general supervision of the weights, measures, and weighing or measuring devices, and instruments or apparatus used as standards in the state;

5. Upon the written request of any person, test or calibrate weights, measures, weighing or measuring devices, and instruments or apparatus used as standards in the state;

6. Keep a complete record of the standards, balances, and all testing and sealing apparatus owned by the state.

7. Make reports to the commission of his activities in such manner and at such times as the commission may require. [1905; last amended 1931.] Sec. 64–0208. Purchase, lease, or disposal of apparatus and equipment by chief inspector.

The chief inspector, with the approval of the commission, shall purchase or lease any apparatus or equipment necessary for carrying out the provisions of this title [Secs. 64–0101—64–0312] and may sell any and all standards of weights and measures, balances, testing apparatus, and sealing equipment which may come into his custody and possession in the performance of his duties imposed by this title, whenever he, with the approval of the commission, shall determine that any of such standards of weights and measures, balances, testing apparatus, and sealing equipment are obsolete or unsuitable for the performance of the duties imposed upon the inspector. Any moneys derived by the commission from any sale or disposal shall be paid into the general fund of the state treasury. (1929; last amended 1931.)

14. One inch measure; 15. One one hundred pound weight; 16. One fifty pound weight; 17. One twenty-five pound weight; 18. One ten pound weight; 19. One one pound weight; 20. One half-pound weight; 21. One quarter-pound weight; 22. One one-eighth of a pound weight; 23. One one-sixteenth of a pound weight or one ounce weight; 24. One set of apothecaries' weights from one pound to one

grain and one set of troy weights from one pound to one

grain; and 25. Such other scales, beams, and balances as shall be neces

sary to test other weights by these standards. Measures, weights, scales, beams, and balances are declared to be the legal standards of weights and measures for this state, and shall be used only for testing the copies thereof used in testing weighing and measuring devices. The measures mentioned in subsections 1 to 10, inclusive, shall be made of copper or other suitable and substantial material. The department shall keep a record of all county weights, measures, beams, and balances marked and tested by its employees. [1905; last amended 1923.1

Sec. 64–0209. Standards of weights and measures to be kept

by chief inspector; use of; record of county standards tested. The chief inspector shall keep and maintain in his office the following standards of weights and measures, which shall conform to the United States standards of weights and measures: 1. One bushel; 2. One-half bushel; 3. One peck; 4. One-half peck; 5. One quart; 6. One wine gallon; 7. One wine half-gallon; 8. One wine quart; 9. One wine pint; 10. One wine gill; 11. One surveyor's chain, thirty-three standard feet in length; 12. One yard measure; 13. One foot measure;

Sec. 64–0210. Fee schedule for inspection of weighing and measuring devices.

The chief inspector or other employee of the department of weights and measures shall charge and collect fees in accordance with the following schedule: For inspecting railroad and track scales of capacity of twenty tons and upwards

$ 8.00 For inspecting vehicle scales and livestock scales of eight thousand pounds capacity and over

6.00 For inspecting dormant scales, less than eight thousand pounds capacity, or hopper scales, each

2.00 For inspecting movable platform scales

.50 For inspecting all counter or computing scales, each

.50 For inspecting every patent balance, beam steel yard, or

other instrument used for weighing other than the above enumerated, each

.50 For inspecting any two bushel or one bushel measure .25 For inspecting any other dry measure, each

.10 For inspecting any liquid measure or computing pump

.50 For inspecting liquid measures of five gallons or less capacity, each

25 For inspecting any board of cloth measure, each

.10 For calibrating truck tanks of one thousand gallon ca. pacity and under

5.00 For calibrating truck tanks over one thousand gallon ca. pacity

20.00 Where a rejected weighing and measuring device has been reconditioned or replaced by new equipment, the same must be reinspected and a certificate issued before being put into use and the fees charged for such reinspection and certification shall be the same as for the first inspection and certification. When the inspector or other employee of the department of weights and measures shall find any of the instruments or articles used in weighing or measuring to be wrongly adjusted or out of repair, it shall be his duty to correct such scale or measure and he shall collect for such service one Revised Code of 1943, Vol. 5, Title 64, Ch. 2–Weights

and Measures, Department of Weights and Meas

ures—Continued. dollar and twenty-five cents per hour for the actual time consumed in making such corrections, and shall receive reasonable compensation for any material used in such corrections. [1905; last amended 1947.] Sec. 64–0211. Payment of service fee before using weighing or measuring device.

No scale, weight, measure, or weighing or measuring device that has been sealed by any one of the employees of the department shall be used, sold, or exposed for sale until the fee charged for the service has been paid. [1905; last amended 1931.) Sec. 64–0212. Fees collected paid into treasury.

All fees and charges collected by the commission under the provisions of section 64–0210 shall be paid into the general fund of the state treasury. (1919; last amended 1929.] Sec. 64–0213. Employees to test weights and measuring devices annually.

The chief inspector or any other employee of the department may test:

1. Any scale, weight, beam, or measure of any kind;

2. Any instrument or mechanical device for measurement; or

3. Any tool, appliance, or accessory connected with any instrument for measuring, if the same is kept, offered, used, or employed, or is offered for sale or sold for the purpose of being used or employed, by any person in determining the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption which may be offered or submitted by any person for sale, hire, or reward. Weights, measures, and all other apparatus hereinbefore described used in the state shall be inspected at least once in each year and if upon inspection they correspond with the standards in the possession of the department, they shall be sealed with the proper devices to be approved by the chief inspector. [1895; last amended 1931.] Sec. 64–0214. Incorrect weighing or measuring devices; power

to seize, condemn, and destroy.

The chief inspector or any other employee of the department shall condemn, seize, or destroy any incorrect weight, measure, or weighing or measuring device which in his judgment cannot be satisfactorily repaired. Those weighing or measuring devices which are incorrect but which are capable of being repaired shall be marked as condemned for repair" in the manner to be prescribed by the inspector. The owner or user of any scale, weight, measure, or weighing or mcasuring

instrument which has been so marked shall have the same repaired or corrected within thirty days, and such device shall not be used or disposed of in any way without the consent of the inspector. [1907; last amended 1931.] Sec. 64–0215. Vendor's and peddler's measuring and weighing apparatus subject to test.

The chief inspector or any other employee of the department may enter into or upon any land, place, building, or premises to stop any vendor, peddler, or junk dealer, or the driver of any coal wagon, ice wagon, or delivery vehicle, or any dealer whatsoever, and require him, if necessary, to proceed to some place which the inspector or employee of the department may specify for the purpose of making a proper test of weighing apparatus used by such vendor, driver, or dealer. [1907; last amended 1931.) Sec. 64–0216. Licensing coin-weighing machine or scale and public gasoline pump required; fee.

Every person who shall use or display for use any public coin-weighing machine or scale or public gasoline pump shall secure a license for such scale or pump from the department. The license fee shall be one dollar per annum for each such gasoline pump and two dollars and twenty-five cents per annum for each such scale. Each license shall expire on June thirtieth of the year following its issuance. The proceeds from such fees shall be paid into the general fund of the state treasury. [1931] Sec. 64–0217. Form of application for licensing coin-weighing machines, scales, and public gasoline pumps.

On or before July first of each and every year, the owner, proprietor, or managing agent operating, conducting, and maintaining a public gasoline pump or a public coin-weighing machine or scale, shall make aplication to the commission for an annual license. Such application shall state the name of the owner, manager, or proprietor of the pump or scale to be licensed, a general description of the location of such pump or scale, and that such pump or scale will be operated, if licensed by the commission, in accordance with the laws of this state. This application shall be made upon a blank authorized and issued by the commission, and such application shall be accompanied by the license fee prescribed in section 64-0216 of this chapter [Secs. 64–0201—64–0220). [1931]

Sec. 64–0218. Form of license for coin-weighing machines,

scales, and public gasoline pumps; license displayed; unlicensed machine confiscated.

The license shall be in the form of a metal plate bearing the words “Licensed by the state of North Dakota, No.

.” Plates shall be num. bered consecutively and shall bear the year for which the license was granted. The license plate shall be displayed prominently on the front of a coin-weighing machine or pump. Absence of the license plate shall be prima facie evidence that the weighing machine or device is being operated contrary to law. After August first of each year, the chief inspector or other employee of the department shall seize, confiscate, or seal all unlicensed coin-weighing machines and shall lock and seal any unlicensed gasoline pump. (1931] Sec. 64–0219. Salaries of employees.

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The salaries of all employees of the department shall be fixed by the public service commission within the limitations of the appropriations made by the legislative assembly for such purposes. (1929; last amended 1933.] Sec. 64–0220. Departmental expenses.

The commission may purchase supplies and equipment and may incur necessary expenses in carrying out the provisions of this title (Secs. 640101—64–0312] within legislative appropriations made for such purpose. Traveling expenses shall be allowed the chief inspector and other employees of the department as provided in section 54–0610. (1929; last amended 1933.] Revised Code of 1943, Vol. 5, Title 64, Ch. 3—

Weights and Measures, General Provisions. Sec. 64–0301. False weights and measures; penalty.

Any person who shall:

1. Offer or expose for sale, sell, use, or have in his possession a false scale, weight, measure, or weighing or measuring device, for use in buying or selling any commodity or thing, or any weight, measure, or weighing or measuring device which has not been sealed within one year as provided by section 64–0213;

2. Dispose of any condemned weight, measure, or weighing or measuring device, or remove any tag placed thereon by any authorized employee of the department;

3. Sell, offer, or expose for sale less than the quantity represented;

4. Sell, offer for sale, or have in his possession for the purpose of selling, any device or instrument to be used or calculated to falsify any weight or measure;

5. Refuse to pay any fee charged for testing and sealing or condemning any scale, weight, measure, or weighing or measuring device, shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than thirty days, and the costs of such proceedings. (1905; last amended 1931.) Sec. 64–0302. False weights; penalty for public use.

Any person who knowingly uses a weight, measure, scale, balance, or beam for the purpose of

purchase or sale, or who keeps such device for public use, which does not conform to the legal standard of weights and measures of the state, or who alters a weight, measure, scale, balance, or beam after it has been adjusted and sealed so that it does not conform to such standard, and fraudulently makes use thereof, shall

be punished by a fine of fifty dollars for each offense. [1905; last amended 1923.] Sec. 64-0303. Fraudulently increasing weight; penalty.

Any person who puts or conceals in any bag, bale, box, barrel, or other package containing goods usually sold by weight any foreign substance for the purpose of increasing the weight of such container or package, is punishable by a fine of twenty-five dollars for each offense. [1895) Sec. 64–0304. Baled hay: Correct weight to be marked on bundle; violation; penalty.

Every person who puts up or presses any bundle of hay for market and in so doing omits putting the number of pounds in each bundle or bale for which he sells or offers to sell it is guilty of a misdemeanor. (1895)

1 See Sec. 64-0309, page 748. Sec. 64–0305. Fuel required to be weighed: Correct scale weight; slip delivered; violation; penalty.

Any person selling or delivering any coal, lignite, or briquette fuel within any city or village in this state, where adequate weighing facilities exist, without first having the same weighed or without delivering to the purchaser a duplicate scale weight slip showing the true weight thereof, is guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hun. dred dollars, or by imprisonment in the county jail for not more than thirty days. (1941) Sec. 64–0306. Stamping false weight or tare; penalty.

Every person who knowingly marks or stamps false or short weight or false tare on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeanor. [1895)

1 See Sec. 64-0309, page 748. Sec. 64–0307. Penalty for violating provisions relating to standard measurements and weights.

Any person who, in buying, shall take any greater number of pounds or cubic feet to the bushel, barrel, ton, cord, gallon, or fractional part, as the case may be, than is provided by the standards established in this title [Secs. 64–0101— 64–0312], or who, in selling shall give any less number, shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days. [1919]

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