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Acts 1948, No. 95–Weights and Measures-Con- or the quantity of any commodity, thing, or service tinued.

sold or offered or exposed for sale in any manner There shall be no violation under this act for any

calculated or tending to mislead or deceive an discrepancy between actual weight or volume at the

actual or prospective customer. [1948] time of sale to the consumer, and the weight marked

Sec. 8. Unlawful to hinder or impersonate director or inon the container, or between the fill of container

spectors; peace officer powers of commission. and the capacity of the container, if such discrep- That it shall be unlawful for any person to ancy is due to unavoidable leakage, shrinkage, evap

hinder or obstruct in any way the Commission, its oration, waste, or to causes beyond the control of

director, or inspectors, in the performance of its the seller acting in good faith. [1948]

official duties, or to impersonate in any way the Sec. 6. Meat and poultry to be sold by weight; standard

Commission, its deputy, or inspectors. For the purweight containers for flours, meals, hominy and hominy pose of the enforcement of the provisions of this grits; commodities to be sold on basis of net weight; ex

Act (Secs. 1-13], the Commission shall have the ceptions.

powers and authority of a peace officer. [1948] That it shall be unlawful to sell, or offer to sell,

Sec. 9. Violations of act; penalty. except for immediate consumption on the premises, any meat, meat products, or poultry in any other That any person who, by himself or by his servmanner than by weight.

ant or agent, or as the servant or agent of another It shall be unlawful to pack for sale, sell, offer person, performs one of the acts enumerated in subor expose for sale, or keep, for the purpose of sale paragraphs (a) through (i) of this section, shall be any of the following commodities 1 except in con- guilty of a misdemeanor, and shall be punished by tainers of net avoirdupois weights of two, five, ten, a fine of not less than $20 or more than $200, or by twenty-five, fifty, and one hundred pounds, and imprisonment for not more than three months, or multiples of one hundred pounds: Wheat flour, by both such fine and imprisonment, upon a first self-rising wheat flour, phosphated wheat flour, bro- conviction in any court of competent jurisdiction; mated four, enriched flour, enriched self-rising and upon a second subsequent conviction in any flour, enriched bromated flour, corn flour, corn court of competent jurisdiction, he shall be punmeal, hominy, and hominy grits; Provided, how- ished by a fine of not less than $50 or more than ever, That the provisions of this section shall not $500, or by imprisonment in the parish jail for not apply to (a) the retailing of flours, meals, hominy, more than one year, or by both such fine and imand hominy grits direct to the consumer from bulk prisonment. stock, or (b) the sale of flours and meals to com- (a) Use, sell, offer or expose for sale or hire, or mercial bakers or blenders, in containers of more have in possession for the purpose of using, selling, than one hundred pounds, or (c) the sale of flours or hiring, a false weight or measure or weighing or and meals for export, or (d) flours, meals, hominy, measuring device or any device or instrument to be and hominy grits packed in cartons the net contents used to or calculated to falsify any weight or measof which are five pounds or less, or (e) the exchange of wheat for flour by mills grinding for toll.

(b) Use, or have in possession for the purpose of Whenever any commodity other than raw cotton current use, in the buying or selling of any commodin bales is sold on a basis of weight, it shall be

ity or thing, or for hire or award, or in the computaunlawful to employ any other weight in such sale tion of any charge for services rendered on the than the net weight of the commodity; and all con- basis of weight or measure, or in the determination tracts concerning goods sold on a basis of weight of weight or measure when a charge is made for shall be understood and construed accordingly.

such determination, any weight or measure or Whenever the weight of a commodity is mentioned weighing or measuring device which has not been in this Act (Secs. 1-13], it shall be understood and

sealed by the Commission, its director or inspectors, construed to mean the net weight of the commodity,

at its direction, within one year, unless written provided that rope and twine and cordage products notice has been given to the office of the Commismay be marked and sold under this Act according

sion to the effect that such weight or measure or to gross weight, under such reasonable rules as the weighing or measuring device is available for examCommissioner may establish consistent with trade

ination or is due for re-examination, as the case practices existing in the rope and twine industry. (1948)

(c) Dispose of any condemned weight, measure, 1 Cmpare Secs. 9979-9984, page 394.

or weighing or measuring device in a manner con

trary to law. Sec. 7. Unlawful to misrepresent price or quantity of com- (d) Remove from any weight, measure, or weighmodity, thing or service.

ing or measuring device, contrary to law or regulaThat it shall be unlawful to misrepresent the tion, any tag placed thereon by the Commission, or price of a commodity, thing, or service sold or its director or inspectors, at its direction. offered or exposed for sale, or to represent the price (e) Sell or offer or expose for sale less than the

ure.

9

may be.

Sec. 9946. Discretionary powers of police juries.

The police jury of the several parishes throughout the state "the parish of Orleans excepted" shall have power to provide for said inspection when they deem it necessary, and regulate the duties and fees for same. (1898)

[] Sec. 9947. Powers of municipal corporations. 1

All municipal corporations shall have the power to provide for inspection and testing of weights and measures used within said municipalities, and to revoke the license of any person using false weights and measures within said municipalities, and to provide penalties for the violation of any laws passed under the power hereby delegated. [1920]

1 See Secs. 5422 and 5555, page 395. Sec. 9969. Appointment of deputy inspectors.

The inspectors of weights and measures, throughout the state of Louisiana, shall have the right of appointing one or more deputies, at their own expense. (1870]

[ Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 2—Regulation of Weighing of Certain Products.

quantity he represents of any commodity, thing, or service.

(f) Take more than the quantity represented of any commodity, thing, or service, when, as buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of the commodity, thing, or service is determined.

(g) Keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law.

(h) Use in retail trade, except in the preparation of packages put up in advance of sale, a weighing or measuring device which is not so positioned that its indications may be accurately read and the weighing and measuring operation observed from some position which may reasonably be assumed by a customer.

(i) Violate any provision of this Act (Secs. 1-13] for which a specific penalty has not been provided. (1948] Sec. 10. Definitions.

That the word “person" as used in this Act [Secs. 1-13) shall be construed to import both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations.

The words "weights, measures, or (and) weighing or (and) measuring devices," as used in this Act, shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments, Provided, however, that nothing herein contained shall be deemed to include or refer to water, natural or manufactured gas or electric meters, and Motor Fuel.

The words “sell” or “sale" as used in this Act, shall be construed to include barter and exchange. [1948) Sec. 12. Not to affect petroleum products.

Anything hereinabove or hereinafter contained to the contrary notwithstanding, this Act (Secs. l13) shall not be construed as in any way applying to or affecting the storage, sale or distribution of petroleum products and the weights and measures used in connection therewith, as now regulated and prescribed by Act 14 of the Louisiana Legislature for 1932, as amended. [Dart's Stat., Secs. 3981 13989.16] (1948)

1 See page 401. Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 1—Local Inspectors of Weights and Meas

Sec. 9970. Stock-yard and slaughter-house weighers are

public weighers.

The weighers employed at the slaughter-houses and stockyards of this state are hereby declared to be public weighers, with all the duties and obligations customarily incident thereto, and their certificates of the weights of all stock, both singly and in car-load lots, shall be accepted by all common carriers and corporations, persons, companies and individuals doing business at the yards of the said company. [1914] Sec. 9971. Cotton: "Scalage" deductions unlawful.

It shall be unlawful for any purchaser or weigher of cotton to deduct two pounds, or any number of pounds, known as scalage, from the actual weight of any bale of cotton, weighed or purchased by them. (1888] Sec. 9972. Same: Actual weight to be accounted for; exception.

Purchasers shall account to the seller of cotton in all instances for the actual weight of the bale purchased or weighed, except in cases of wet or damaged cotton, when the amount to be deducted may be agreed upon by the parties buying and selling. (1888) Sec. 9973. Same: Penalty for violations.

For each violation of this act (Secs. 9971-9973), the offender shall be deemed guilty of a misdemeanor, and upon conviction, by a court of competent jurisdiction, he shall be fined not less than ten dol

ures.

Sec. 9945. Offices abolished.

The office of inspector of weights and measures in all the parishes of this state “except the parish of Orleans” is hereby abolished. (1898)

Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 2—Regulation of Weighing of Certain

Products—Continued. lars ($10.00) nor more than fifty dollars ($50.00). (1888] Sec. 9974. Ice: Vehicles to be equipped with scales.

Dealers in ice who employ wagons, trucks, cars, etc., in delivering ice to consumers shall equip such wagons, trucks, cars, etc., with scales or a mechanism for accurately weighing the ice when actually delivered to the consumer, and such weighing device shall be so located as to be open to public view. [1912] Sec. 9975. Same: Overcharges.

It shall be unlawful for any dealer in ice to charge and collect for a greater amount of ice than the amount actually delivered to the consumer. [1912] Sec. 9976. Same: Penalties.

Any person, firm, association or corporation found guilty of violating any of the provisions of this act (Secs. 9974-9976] shall be deemed guilty of a misdemeanor and upon conviction shall pay a fine not exceeding fifty dollars ($50.00) or be imprisoned not over thirty (30) days, or both in the discretion of the court. [1912] Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 3—Standard Weights and Measures. Sec. 9977. Barrel measure; barrel for mess pork; sack for

bran or chops; baskets for oysters.1

There shall be in this state a dry measure to be known under the name of barrel, which shall except for the purchase and sale of oysters contain three and a quarter bushels, according to the American standard, and shall be divided into half and quarter barrels,

and a barrel of mess pork shall contain not less than 200 pounds net, and a sack of bran or chops shall contain not less than 100 pounds net. But for the sale of oysters, baskets shall be used which shall contain one-half of the standard barrel, which standard barrel contains three and a quarter bushels according to this section, said baskets to be stamped according to law. [1855; last amended 1902.)

1 See Sec. 3081, page 396; standard measure for oysters in ports or cities of more than 50,000 inhabitants. Sec. 9978. Sale of coal and grain; bushel weights.

Coal shall be sold by the barrel or bushel measure; grain shall be sold by the barrel, bushel or weight; the legal weight of a bushel of wheat shall be sixty pounds; of a bushel of corn fifty-six pounds; of a bushel of oats thirty-two pounds; of a bushel of barley thirty-two pounds, and of a bushel of rye thirty-two pounds. [1855] Sec. 9979. Flour, meal, cereals and grains: Enforcement.

The state board of agriculture and immigration shall be charged with the duties of enforcing this

act (Secs. 9979-9985] for the regulation of the sale of certain mill products and cereals not otherwise provided for, to prevent fraud therein. [1906) Sec. 9980. Same: Standard packages; marking requirements.

Mill products hereinafter mentioned shall have the following standard weights, viz: Barrels of flour, one hundred and ninety-six pounds (196). Halves, whether in wood or sacks, ninety-eight pounds (98). Quarters, forty-eight pounds (48). Eighths, twenty-four pounds (24). Meal, bolted or unbolted, shall be net one hundred and ninety-six pounds (196) per barrel, whether in wood or sacks, and fractional parts thereof shall be in the same proportion, and cereals or grains of any kind shall have the net weight given upon each barrel or package. [1906)

[ED. NOTE.-Acts 1948, No. 95, Sec. 6, page 392, supersedes the foregoing section as to the standard weights of pack

ages of flour and meal.] Sec. 9981. Same: Marking requirements.

The correct names, and the true net weight of the contents of each and every hogshead, barrel, cask, bale, sack, or package of any of the foregoing products, whether sold in single packages, or lots, shall be plainly marked, branded or stenciled in large letters and figures not less than two inches in size upon the exterior of such hogsheads, barrel, box, cask, sack, or package, in a conspicuous place, as the head, in case of hogshead, or barrel, and the front or branded side in case of sacks, bales, or package, and it shall be unlawful for any person, firm or corporation to sell or exchange or offer for sale or exchange any of such products so packed or contained until the provisions hereof have been complied with. [1906] Sec. 9982. Same: Penalties.

If any person shall knowingly violate the provisions of this act (Secs. 9979–9985], he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not less than twentyfive dollars ($25.00) nor more than one thousand dollars ($1,000.00), and each transaction shall be deemed a separate offense, which fine or fines shall be recoverable before any court of competent jurisdiction at the suit of the commissioner of agriculture and immigration, or any citizen, without bond or advance cost, and shall be disposed of as hereinafter provided. [1906] Sec. 9983. Same: Interference with inspector.

Any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in connection with this act (Secs. 9979–9985] shall be guilty of a misdemeanor, and shall upon conviction be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). [1906]

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Dart's General Statutes Annotated 1939, Vol. 4, Title

43, Ch. 2-Government by Mayor and Aldermen. Sec. 5422. Powers and duties of mayor and board of alder

men.

The mayor and board of aldermen of every city, town and village, shall have the care, management, and control of the city, town or village and its property

and finances, and shall have power to enact ordinances for the purposes hereinafter named, and such as [are not repugnant to the laws of the state, and such ordinances to alter, modify and repeal; and they shall have power:

Ninth. To prescribe rules for the weighing and measurements for every commodity sold in the municipality, in all cases not otherwise provided by law, and to provide for the measuring of wood and fuel and the weighing of coal, and determine the place or places for the sale of the same and fix fees and duties of the persons authorized to perform the duties herein named;

[1898] [ED. Note.-The laws providing for commission forms of government, those of 1910, 1912, and 1934, respectively, did not list the specific powers of the council for which they provided, but gave the council the powers “now had, possessed and exercised by the municipal authorities, and officers elected or appointed under the authority of the several charters of the cities as organized prior to the adoption of the provisions of this act by any city, unless otherwise provided in this act.” The quoted material was taken from one of the above acts, each act having a similar pro

vision. See section 9947, page 393.) Dart's General Statutes Annotated 1939, Vol. 4, Title

43, Ch. 7–Commission-Manager Form of Government.

one cen

Sec. 9984. Same: Seizure.

The commissioner shall have a privilege on any mill products and cereals sold in this state, in viola tion and contravention of the provisions of this act (Secs. 9979–9985), and may proceed by writ of provisional seizure against the mill products and cereals so sold in the hands of whomsoever they may be, and wheresoever he may find them, regardless of the domicile of the owner thereof, to recover the fines and penalties due for the illegal sale thereof, by presenting a petition to a competent judge or magistrate, within whose jurisdiction said mill products and cereals are found, stating on oath at the foot of the petition the amount and nature of the demand, the mill products or cereals on which the privilege exists, and praying that the mill products or cereals be seized to satisfy the claim and pay the costs of suits. [1906) Sec. 9988. Coal: Gauging; fee.

All anthracite or bituminous coal sold in this state shall be gauged or weighed by the state coal and coke gaugers in the state, whose fees, duties and responsibilities shall remain as now fixed by law, provided the fee for weighing shall not exceed

(1894] Sec. 9989. Same: Standard barrel and ton.

The standard measures for the bituminous and anthracite coal in this state shall be the barrel containing 6,988 cubic inches and the standard ton of 2,000 pounds. [1894] Sec. 9990. Same: Penalty.

Whoever shall violate the provisions of this act (Secs. 9988–9990] shall be adjudged guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), at the discretion of the court, for each offense. (1894) Sec. 9999. Log measurement: Standard rule.

What is known as the “Scribner-Doyle” rule or scale shall be the standard rule for the measurement of sawlogs in this state. [1914; last amended 1918.] Sec. 10000. Same: Penalties.

Any person, firm or corporation who shall compute the measurement of sawlogs sawn, delivered or bought by any other rule or scale than the above in making settlement with employee, contractor or seller, shall be deemed guilty of a misdemeanor, subject to indictment by presentment by grand jury or by bill of information, and on conviction on bill of information or indictment before any court of competent jurisdiction, shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or be imprisoned not less than sixty (60) davs nor more than twelve (12) months at the discretion of the court. [1914; last amended 1918.)

per ton.

Sec. 5555. Powers and duties of city manager.

The powers and duties of the city manager shall be:

(i) To enforce all laws and ordinances relating to weights and measures, as may be adopted by the commission or ordained by state laws. [1918]

Dart's General Statutes Annotated 1939, Vol. 4, Title

43, Ch. 27—Public Cotton Warehouse of New Orleans.

Sec. 6247.3. Appointment of weighers.

Samplers, weighers and inspectors employed for sampling, weighing and inspecting cotton received and delivered at the public cotton warehouse, which said public cotton warehouse is owned and operated by the board of commissioners of the Port of New Orleans, shall be appointed by the board of commissioners of the Port of New Orleans on and by the recommendation of the board of directors of the New Orleans cotton exchange, which recommendation shall make the New Orleans cotton ex

*

Dart's General Statutes Annotated 1939, Vol. 4, Title parish where said oysters are unloaded shall be

43, Ch. 27–Public Cotton Warehouse of New entitled to charge and collect for such inspection Orleans-Continued.

from the buyers, importers or consignees of said change responsible for the accuracy and correct- oysters a fee of one-fourth of one cent for each ness of the weighing, sampling and inspecting of

basket inspected and unloaded, payable immecotton, for which responsibility and warranty a diately and the inspector or other officer exercising sum to be agreed on by the board of commissioners his functions may issue a certificate of inspection of the Port of New Orleans and the cotton exchange and measurement which shall be prima facie evi. shall be set aside and paid to said cotton exchange

dence of such inspection and measurement of the which shall always be provided by a charge against oysters under the provisions of this act (Secs. 3081the cotton for services rendered. [1935)

(

3088]; provided that for the stamping of each bas

ket mentioned in section 1 Sec. 3081), such inDart's General Statutes Annotated 1939, Vol. 1, Title spector or officer shall be entitled to charge and col. 2, Ch. 14—Sweet Potatoes.

lect immediately after stamping from the owner Sec. 175.05. Standard bushel for taxation purposes.

or owners of the baskets so inspected and stamped, There is hereby imposed and levied a tax at the a fee of thirty cents. [1910] rate of two cents (24) per bushel of fifty (50) pounds

Sec. 3084. Powers and duties of inspectors. (whether such potatoes are in crates, sacks, or other containers, or in bulk] or fraction thereof on all For the purpose of making the inspection and sweet potatoes shipped in the State of Louisiana. measurement provided by this act (Secs. 3081[1942; last amended 1946.)

3088], and of ascertaining the number of sacks,

barrels and baskets arriving in the different ports Dart's General Statutes Annotated 1939, Vol. 2, Title

and cities mentioned in section 1 Sec. 3081) and 22, Ch. 7–Oysters.

the names and addresses of the sellers, exporters, Sec. 3081.1 Standard measure; inspections.

consignors, buyers, importers and consignees of shall be in this state for the purchase and such oysters to be inspected and measured under sale of oysters arriving at ports or cities within the

the provisions of this act, and the quantity constate of more than fifty thousand inhabitants from

signed to each buyer, importer and consignee, and any other port, city or place, whether said oysters such other information as may be necessary to arrive in barrels, sacks, bulk or otherwise a stand- obtain an order to perform the duties imposed upon ard measure in the form of a basket, which shall him by law, such inspector or officer exercising his contain one bushel and one-half a bushel, said bas- functions shall have the right and power to go on kets to be inspected and stamped by the inspector of board the boat arriving with such oysters, in order weights and measures or other officer exercising to count the number of barrels, sacks, and baskets his functions for the respective districts or parishes thus arriving and to be unloaded from said boat, where said oysters arrive, if there be any such in- and shall also have the right and power to demand spector or officer at the place of arrival, and in the

and obtain an examination of the boat's manifest parish of Orleans by the inspector of weights and and it shall be the duty of the owner, master, capmeasures of the municipality or district where the

tain or other person in charge of said boat or of oysters thus arriving are unloaded. [1910)

said manifest to produce the manifest and allow 1 Compare Sec. 9977, page 394.

such examination by said inspector or officer. Sec. 3082. Inspection at ports or cities.

[1910] Each and every sack of oysters arriving at the

Sec. 3085. Compulsory inspections; penalties. ports or cities mentioned in section 1 (Sec. 3081] of this act (Secs. 3081-3088] shall contain one stand

Any and all buyers, sellers, importers and exard basket as established by this act, and each and porters of oysters arriving at the different ports and every barrel of oysters arriving at the different ports cities in the State of Louisiana, of more than fifty or cities mentioned in said section 1 (Sec. 3081] of thousand inhabitants, are charged with the duty of this act, shall contain two standard baskets as having such oysters inspected and measured, and established by section 1 (Sec. 3081] of this act, said such baskets inspected and stamped, in accordance sacks and barrels to be inspected by the inspector with the provisions of this act [Secs. 3081–3088) or officer exercising his functions as provided in and any and all buyers, sellers, importers and exsection 1 [Sec. 3081], and must contain the measure- porters of oysters arriving at the ports and cities ments stated in this act at the time of delivery to mentioned in section 1 Sec. 3081], and any and the consignee, buyer or importer, and at the time

all owners, masters and captains of boats arriving of delivery to any subsequent buyer of said oysters

with oysters at said ports or cities, and any other after arrival, whether in sacks, barrels or baskets.

person or persons, firm or firms and corporation or [1910]

corporations (through their proper officer) violating Sec. 3083. Fee; certificate of measurement.

any of the provisions of this act shall be deemed The inspector of weights and measures or other guilty of a misdemeanor and shall be punishable officer exercising his functions in the district or for each offense by fine not exceeding twenty-five

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