Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch. 13-Milk and Cream-Continued.

shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent.

Neck: The neck shall be cylindrical and the cylindrical shape shall extend for at least nine [9] millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten [10] milli

meters.

Bulb: The capacity of the bulb up to the junction of the neck shall not be less than forty-five [45] cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside. diameter shall be between thirty-four [34] and thirty-six [36] mm.; if conical, the outside diameter of the base shall be between thirty-one [31] and thirty-three [33] mm., and the maximum diameter between thirty-five and thirty-seven [35 and 37]

mm.

The charge of the bottle shall be eighteen [18] grams.

The total height of the bottle shall be between one hundred fifty and one hundred sixty-five [150 and 165] mm. (five and seven-eighths and six and one-half [57% and 612] inches).

(b) Standard Cream Test Bottles.Two [2] types of bottles shall be accepted as standard cream test bottles, a fifty [50] per cent nine [9] gram, short-necked bottle and a fifty [50] per cent nine [9] gram long-neck bottle.

Fifty [50] per cent nine [9] gram short-neck bottles:-Graduation: The total per cent graduation shall be fifty [50]. The graduated portion of the neck shall have a length of not less than sixtythree [63] mm. (two and one-half [22] inches). The graduation shall represent five [5] per cent, one [1] per cent and five-tenths [.5] per cent. The five [5] per cent graduations shall extend at least. half-way around the neck (to the right). The fivetenths [5] per cent graduations shall be at least three [3] mm. in length, and the one [1] per cent graduations shall have a length intermediate between the five [5] per cent and the five-tenths [.5] per cent graduations. Each five [5] per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed five-tenths [.5] per cent.

Neck: The neck shall be cylindrical and the cylindrical shape shall extend at least nine [9] mm. below the lowest and nine [9] mm. above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten [10] mm.

Bulb: The capacity of the bulb up to the junction of the neck shall not be less than forty-five [45] cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest

diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty-six [34 and 36] mm.; if conical, the outside diameter of the base shall be between thirty-one and thirty-three [31 and 33] mm. and the maximum diameter be tween thirty-five and thirty-seven [35 and 37] mm.

The charge of the bottle shall be nine [9] grams. All bottles shall bear on top of the neck above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (nine [9] grams).

The total height of the bottle shall be between one hundred and fifty and one hundred and sixtyfive [150 and 165] mm. (five and seven-eighths and six and one-half [57% and 612] inches), same as

standard test bottles.

Fifty [50] per cent nine [9] gram long-neck bottles.-The same specifications in every detail as specified for the fifty [50] per cent nine [9] gram short-neck bottle shall apply for the long-neck, with the exception, however, that the total height of this bottle shall be between two hundred ten and two hundred thirty-five [210 and 235] mm. (eight and one-fourth and eight and seven-eighths [814 and 87% inches).

Total length of pipette not more than thirtythree [33] mm. (thirteen and one-quarter [134] inches). Outside diameter of suction tube six to eight [6 to 8] mm. Length of suction tube one hundred thirty [130] mm. Outside diameter of delivery tube four and five-tenths to five and fivetenths [4.5 to 5.5] mm. Length of delivery tube one hundred to one hundred twenty [100 to 120] mm. Distance of graduation mark above bulb thirty to sixty [30 to 60] mm. Nozzle straight. Delivery seventeen and six-tenths [17.6] cc. of water at twenty [20] degrees C in five to eight [5 to 8] seconds.

The standard weight shall be nine [9] grams. [1913]

Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch. 19-Inspection of Salt, Flour, Beef, Pork, and Hay.

Sec. 35-1901. Appointment of inspectors.

The board of county commissioners in any county may appoint inspectors, to serve during four [4] years, unless sooner removed by such board, to inspect within the said county, when required, the following articles: Salt, beef, pork, flour and hay. [1852]

Sec. 35-1932. Inspector's brand.

All barrels, hogsheads and bales inspected shall be branded with the name and residence of the inspector. [1852]

Sec. 35-1903. Brand on salt barrels.

An inspector of salt shall brand on one end of the barrel the quality, whether first, second or

The weight, in pounds, and the quality, determined according to the usages of trade, shall be branded on each bale of hay. [1852]

Sec. 35-1908. Purchase of hay scales.

Such boards may authorize inspectors of hay to procure, at the expense of the county, suitable hayscales. [1852]

Sec. 35-1909. Inspector's oath and bond.

Inspectors, before entering on the duties of office, shall give bond to the satisfaction of such board, conditioned for the faithful discharge of their duties, and shall file the same in the county clerks office; and shall also take an oath of office. [1852]

Sec. 35-1914. Regulations by county board.

The board of county commissioners may make such further regulations in regard to inspectors as to them may seem necessary. [1852]

Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch. 23, Sec. 35-2314-Eggs.

[ED. NOTE.-This section gives the State egg board the power to formulate and determine standards of quality and weights of eggs sold or offered for sale as fresh eggs and to formulate standards of quality and weights of eggs sold or offered for sale by wholesalers and retailers as eggs fit for human consumption. The section is not included herein as its provisions relate primarily to quality.]

Burns Statutes Annotated 1933, Vol. 8, Title 42, Ch. 9-Live Stock Buyers.

Sec. 42-911. Definitions.

Except when the context hereof clearly indicates a different meaning, when used in this act [Secs. 42-910-42-924]:

(a) The words "administrative officer" whenever used in this act, shall be construed to mean the commissioner of agriculture of the state of Indiana.

(b) The word "stock-yards" whenever used in this act, shall be construed to mean a place where live stock is assembled and which is posted as a stock-yards by the secretary of agriculture of the United States of America, under and pursuant to the terms and provisions of the Packers and Stock

yards Acts of 1921 (42 U. S. Statutes at Large, page 159) and laws amendatory thereof.

(c) The words "concentration point" whenever used in this act, shall be construed to mean any stockyards, community sale, auction, place, establishment or facility, where any series of sales, exchanges or purchases of any live stock, is made at regular or irregular intervals in this state, by any person directly or indirectly, for the producer or consignor thereof, except that this term shall not apply to sales, purchases or exchanges, at a stockyards which is posted as a stockyards by the secretary of agriculture of the United States of America, as defined herein.

(d) The word "buyer" whenever used in this act, shall be construed to mean any person, or his employees, agents and/or representatives, who operates or maintains a concentration point as herein defined.

(f) The word "live stock" whenever used in this act, shall be construed to mean cattle, sheep, swine, horses, mules or goats, intended for slaughter. [1935; last amended 1943.]

Sec. 42-912. Exceptions.

No provision of this act [Secs. 42-910-42-924] shall be construed to apply to a "market agency or dealer," when doing business at or on a "stockyards," nor to any transaction at or on a "stockyards," nor to the purchase or sale of "live-stock" by or for a serum plant or business, nor to shipping or cooperative associations in the business of assembling livestock, solely for the purpose of shipment to a "concentration point" or "stockyards" as defined in this act. [1935; last amended 1937.]

Burns Statutes Annotated 1933, Vol. 8, Title 42, Ch. 9-Live Stock Buyers-Continued.

ministrative officer shall have available approved standard testing weights for the use of the testing officer.

(b) In event, after proper inspection and/or testing, a weighing facility is found to be defective, the testing officer shall have the right and power to condemn and/or seal said weighing facility and to prevent its further use until repairs or renewals have been made to the full satisfaction of the testing officer.

(c) In event a person or his agent or a buyer as defined in this act allows a weighing facility to be used in the purchase and sale of live stock after same has been condemned and/or sealed and before it has been repaired to the full satisfaction of the testing officer, a penalty of fifty dollars [$50.00] per day payable to the state of Indiana, shall be assessed and collected for each day said weighing facility is used after the date of sealing and condemnation, *

(d) Any buyer, after a hearing has been had before the administrative officer or his representative, who is found guilty of fraudulent, deceptive or dishonest practices in the weighing of live stock shall have his license revoked. [1935; last amended 1943.]

Sec. 42-919. Right of entry.

(a) Each buyer shall during ordinary business hours permit any authorized representative of the administrative officer [commissioner of agriculture] to enter the place of business and inspect any or all property in the possession or control and all records pertaining to the business of the buyer as such. Any necessary facilities for such inspection shall be extended to the administrative officer's duly authorized agent by the buyer, his agents or employees. [1935]

Sec. 42-920. Penalty for violations.

Any person or his employees, agents and/or representatives violating any of the provisions of this act [Secs. 42-910-42-924] shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine in any amount not exceeding two hundred dollars [$200] for each day the violation continues, and for a second offense, there may be added in the discretion of the court, imprisonment not exceeding six [6] months. [1935]

Burns Statutes Annotated 1933, Vol. 8, Title 46, Ch. 4-Mine Scales, Inspection.

Sec. 46-401. Inspection by director; testing by sealed weights; adjustment.

(e) It shall be the duty of the state commissioner of weights and measures,i or his deputy, in addition to his other duties, to examine all scales used at any

time for the purpose of weighing coal taken out of said [any] mine. The scales shall be tested by sealed weights; the same shall be furnished to said state commissioner of weights and measures, or his deputy, by the auditor of state on requisition, the cost of which shall be audited by the auditor of state, and paid out of any money in the state treasury not otherwise appropriated. And on inspec tion, if the scales are found incorrect, and after written notice by the state commissioner of weights and measures, or his deputy, it shall be unlawful for any operator to use or suffer the same to be used, until the scales are adjusted to weigh correctly. [1923; last amended 1943.]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69–103, page 303.

Burns Statutes Annotated 1933, Vol. 8, Title 46, Ch. 7-Mine Scales, Weighmen.

Sec. 46-711. Scales to be provided; duties of weighman and check-weighman; right of entry.

(a) The operator of every mine at which the miners are paid by weight shall provide suitable and accurate scales of standard manufacture for the weighing of coal which may be procured from such mine; such operator shall be required to keep United States standard weights to test said scales.

(b) At every mine where the coal mined is paid for by weight it shall be the duty of the weighman and the check-weighman to examine and balance the scales each morning, and in no case shall any coal be weighed until such scales are tested by the United States standard weights and found to be correct. Said weighman shall accurately weigh, and he shall, together with the check-weighman, record the weight of each miner's car of coal delivered, which record shall be kept open at all reasonable hours for inspection of all miners or other persons pecuniarily interested in the product of such mine: Provided, That if the weighman and the checkweighman shall disagree, work may continue until the state commissioner of weights and measures 1 or his deputy can be present, and any erroneous weights made during such time shall be rectified. When difference shall arise between the weighman and checkweighman, or operator, of any mine as to the correctness of the scales, the same shall be referred to the state commissioner of weights and measures or his deputy, whose duty it shall be to see and regulate the same at once.

(c) The state commissioner of weights and measures or his deputy and miners employed in the mine, the owner of the land and others personally interested in the royalty or rental of such mine, shall at all proper times have full right of access to make examination of scales or apparatus used for weighing coal in or about said mine, including the records in which the weights of coal are kept, to deter

mine the amount of coal mined, for the purpose of attesting the accuracy thereof. [1923; last amended 1925.]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 46-712. Checkweighman.

(a) Whenever the mining of coal is paid for by weight, the miners employed in mining the same shall have the right of selecting and keeping in the weigh-office, or at the place of weighing the coal, a check-weighman, who shall be vested with the same rights as described in section eight [Sec. 46-711] of this act [Secs. 46-701-46-1110], said check-weighman to be paid by said miners. [1923]

Burns Statutes Annotated 1933, Vol. 8, Title 46, Ch. 4-Mine Scales, Penalties for Violation of Act. Sec. 46-1107. Penalties.

(a) Any wilful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this act [Secs. 46-701-46-1110], on the part of the person or persons herein required to do them, or any violation of the provisions or requirements hereof, or any attempt to obstruct or interfere with any inspector of mines in the discharge of the duties herein imposed upon him, or any refusal to comply with the instructions of an inspector of mines by authority of this act, shall be deemed a misdemeanor, punishable by a fine not exceeding five hundred [$500] or by imprisonment in the county jail for a period not exceeding six [6] months, or both, at the discretion of the court: Provided, That the foregoing shall not apply to sections in this act which have special penalties provided for them. [1923]

Burns Statutes Annotated 1933, Vol. 8, Title 46, Ch. 12-Coal and Coke.

Sec. 46-1201. Delivery tickets.

It shall be unlawful for any person, firm or corporation, by himself or itself, or by his or its servants or as the servant or agent of another, to sell or offer for sale or delivery at retail any coal or coke, which is sold by weight, unless each such delivery is accompanied by a delivery ticket and a duplicate thereof, upon each of which tickets and duplicates thereof shall be written, or otherwise indicated, (a) The name and address of the person, firm, corporation or association, selling and delivering or attempting to sell or deliver such commodity, (b) The gross weight of the load, the tare weight of the delivering vehicle, and the net amount in weight, of the commodity being delivered in such vehicle, (c) The name or identifying initials of the party who weighed it, (d) The state in which the coal was mined, the name of the coal, brand or trade-name, if any; the

number of the vein or seam from which the coal was taken; and the size and grade thereof, which size of all grades must be designated according to the openings in the screens over and through which each such size of coal is made at the place of production. One [1] of such delivery tickets or the duplicate thereof shall be delivered and surrendered by the person or persons in charge of the delivery of such load of commodities to the purchaser thereof or to his agent or representative; and the other ticket or duplicate shall be retained by the person, firm or corporation making such sale for a period of not less than twelve [12] months from date of sale. All coal or coke so sold or delivered shall consist of the kind, quality and weight in all respects as described and indicated in such delivery ticket and duplicate thereof and it shall constitute a violation of this act [Secs. 46-1201-46-1207] to sell or deliver or substitute any other kind and quality or weight of coal or coke than that so described and indicated, and proof of the sale, delivery or substitution of any coal or coke which is not of the kind, quality and weight so described and indicated shall constitute prima facie evidence and proof of intent to violate this section of this act. [1931; last amended 1935.]

Sec. 46-1203. Signs on delivery vehicles.

Upon both sides of delivery vehicles shall be displayed a sign with letters not less than three [3] inches in height, showing name of person, firm or corporation delivering or attempting to deliver commodities as prescribed in section one [46-1201] [1931]

Sec. 46-1204. Examination of delivery tickets; reweighings.

Upon the demand of the state commissioner of weights and measures,1 his deputy, inspector, or any peace officer, the person or persons in charge of any such load of commodities shall deliver to such officer all delivery tickets in his possession, and shall proceed, at the direction of said officer to a suitable tested scale for the purpose of re-weighing such load of commodities to verify the correctness of the delivery ticket. [1931; last amended 1935.]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 46-1205. Penalties.

Any person, firm or corporation who shall violate any of the provisions of this act [Secs. 46-1201— 46-1207] shall be deemed guilty of a misdemeanor and shall, on conviction, for the first offense, be punished by a fine of not less than ten dollars [$10.00] nor more than fifty dollars [$50.00]; and for the second or any subsequent offense, by a fine of not less than twenty-five dollars [$25.00] nor more than one hundred dollars [$100], to which may be added imprisonment in the county jail or penal farm for not less than thirty [30] days nor

Burns Statutes Annotated 1933, Vol. 8, Title 46, Ch. 12-Coal and Coke-Continued.

more than ninety [90] days. [1931; last amended 1935.]

Sec. 46-1206. Construction of act.

Nothing in this act [Secs. 46-1201-46-1207] shall prohibit any city from regulating by ordinance the retail or wholesale delivery of coal. [1931]

Burns Statutes Annotated 1933, Vol. 10, Title 54, Ch. 3 "Public Service Commission Act." Sec. 54-308. Rules and regulations for testing.

The commission [public service commission] shall prescribe reasonable regulations for examinations and testing of such product or service and for the measurement thereof [heat, light, water or power, etc.] [1913]

Sec. 54-309. Securing accuracy of meters.

The commission [public service commission] shall 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. Nothing contained in this section shall limit in any manner any powers or authority vested in municipal corporations as provided in section one hundred ten [54-614]. [1913]

Sec. 54-310. Testing of appliances; fees.

The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance or rate be found unreasonably defective or incorrect to the disadvantage of the consumer or user. [1913]

Burns Statutes Annotated 1933, Vol. 10, Title 55, Ch. 14-Common Carriers, Freight Weights.

Sec. 55-1404. Determination of freight weights in case of disputes.

In all cases wherein there is a dispute or failure of agreement between any common carrier and any consignor, consignee, or the assigns of either, concerning the actual weight of any shipment over the line of such carrier, or over the line of such carrier and any other carrier or carriers, or concerning the means or method used or to be used to determine such actual weight, the same may be referred by any party to the railroad commission of Indiana for settlement, and disposed of under the ordinary

rules governing notice and procedure by the com mission as in other cases, and the determination b the commission shall be prima facie evidence o such actual weight in all courts and proceeding in Indiana. [1913]

1 Railroad Commission superseded by Public Service Con mission. Acts 1913, Ch. 76, Sec. 4 [Burns 54-107].

Burns Statutes Annotated 1933, Vol. 11, Title 60, Ch 15-Rules and Regulations of Departments, Board and Commissions.

Sec. 60-1501. State agencies; promulgation of rules; inter not to give additional authority.

It is the intent to establish a uniform method o making, promulgating, filing and publishing rule by all agencies of this state, to permit public par ticipation therein and provide a method of makin rules readily accessible to the public. It is not ir tended to give to any agency any additional rule making power or authority and no additional o new power or authority to make or adopt rules i given to any agency by this act [Secs. 60-1501-60 1511]. [1945]

Sec. 60-1504. Publication; hearing.

Before any rule is adopted by any agency it sha cause a notice to be published in a newspaper c general circulation printed and published i Marion County, Indiana, at least ten [10] day prior to the date set for a hearing: [1945]

Sec. 60-1505. Duty to submit rules to attorney-general an governor for approval; filing with secretary of state an legislative bureau; rules not effective until act complie with.

It shall be the duty of every agency which ma have been or hereafter may be clothed with or give any power or authority to make, adopt, promulgat or enforce rules to submit the same to the attorney general for approval as to legality and when so ap proved to submit the same to the for ap governor proval. When approved by the governor suc agency shall file the original approved copy an one [1] duplicate thereof with the secretary c state who shall note the date and hour of suc filing thereon and said agency shall also file duplicate approved copy with the legislative bureau No such rule shall be effective until after com pliance with the provisions of this act [Secs. 60 1501-60-1511] and until they have been so ap proved and filed and shall be effective as of th date and time filed with the secretary of state Provided, however, that any rule adopted by an agency after the effective date of this act and pric to the first day of January, 1946, when approve and filed in accordance with the provisions of th act, shall be effective as of the date of its adoptio by such agency. [1945]

Sec. 60-1506. Procedure for repeal or amendment of rule In case any agency desires to repeal, rescind a amend any rule the same procedure shall be fo