Dart's General Statutes Annotated 1939, Vol. 3, Title 32, Ch. 3-Petroleum Products-Continued. operating motor busses under franchises or licenses issued by municipalities.

It shall be a violation of this act to sell or distribute gasoline, motor fuel, or any other petroleum products from any vehicle tank or to withdraw gasoline, motor fuel, or any other petroleum products from any such vehicle tank or from any fuel tank or auxiliary fuel tank for the purpose of sale, unless said vehicle tank has been measured and/or calibrated under the provisions of this act. The failure of the owner of any vehicle tank, after notice by the collector of revenue in accordance with regulations promulgated by him, to submit said vehicle tank for measuring, calibrating and/or determining the capacity thereof or for inspection under said regulations shall constitute a violation of this

act.

The removal, obliteration or changing of any measurement, certificate, tag, marking or device made by the collector of revenue or his representative under the provisions of this act or under rules and regulations promulgated by him, shall constitute a violation of this act.

Proof of the fact that a vehicle has been measured and/or calibrated in compliance with this act shall be a certificate issued by the collector of revenue, for which certificate a fee of $1.00 shall be charged for the purpose of defraying expenses incidental to the administration of this act. [1932; last amended 1944.]

Sec. 3989.3. Rules and regulations; enforcement; right of entry.

The supervisor [collector of revenue] is hereby authorized and empowered to establish rules and regulations not inconsistent with the provisions of this act [Secs. 3981-3989.12], for the purpose of properly enforcing this act. It shall be his duty, and he is hereby required and directed, to faithfully and impartially enforce the provisions of this act; and, for that purpose, the said supervisor shall have full access, ingress and egress at all reasonable hours to any place or building wherein gasoline, kerosene, tractor fuel or other petroleum products are stored, transported, sold or offered for sale. He is also authorized and empowered to open and inspect any case, package, or other container, tank, pump, tank car, storage tank, and to enter upon any barge, vessel or other vehicle of transportation, and may take samples, not exceeding one litre per sample, for analysis; and, with instruments conforming to the weights and measures adopted by the United States Bureau of Standards, check any measuring device or the volume or weight of contents of any container. [1932; last amended 1942.]

Sec. 3989.6. Condemnation of measuring devices.

The supervisor [collector of revenue] shall have authority to placard or seal any pump, tank or con

tainer used or useful in dispensing gasoline, kerosene, or tractor fuel not conforming to the provisions of this act [Secs. 3981-3989.12], and it shall be unlawful for any person to deface, obscure or remove any condemnation placard, or seals, posted or placed by the supervisor, or in any manner to interfere with or obstruct said supervisor in the discharge of his duties, under the provisions of this act. [1932; last amended 1942.]

Sec. 3989.9. Suspension of right to engage in business as a penalty.

Any person violating the terms and provisions of this act [Secs. 3981-3989.12], by putting or placing in any tanks, pumps, or other containers, any gasoline, kerosene or other motor fuel contrary to the provisions of this act, or who shall wilfully use any pump or measuring device which is mechanically inaccurate shall, for the first offense, forfeit the right, for not less than one week nor more than six months, to continue or to engage in the business of buying, selling or distributing gasoline, kerosene or other motor fuel, at the place of business involved. For the second, or subsequent, offense, said person shall forfeit the right to engage in said business for not less than three months nor more than twelve months. Said forfeiture, however, shall extend only to the individual guilty of said offense, unless the said individual, be acting as an agent for a principal who knew of and participated in, or knowing of said violation, acquiesced therein. The said forfeiture shall extend to the right to use the filling station and all tanks, pumps, containers or equipment for the same and like period of time for the first and second offense, as above set forth. Provided, however, that if the said dealer does not own the said property or equipment, and is merely renting, leasing, or borrowing the same, or is acting as agent for another, said forfeiture will extend to the owner thereof or the principal of such agent when and if the owner of said property or equip ment or the principal or such agent, knew, or had good reason to know, of the said violation by the said person or agent in possession of the said property. The supervisor [collector of revenue] is hereby vested with authority on motion in a court of competent jurisdiction to take a rule on the said dealer, to show cause in not less than two or more than ten days, inclusive of holidays after the service thereof, which may be tried out of term and in chambers and shall always be tried by preference, why said dealer should not be ordered to cease from further pursuit of business as a dealer for the aforesaid period, and other violations of the injunction shall be considered as a contempt of court and punished according to law. [1932]

Sec. 3989.10. Penalties for violations.

Any person, or any agent, or officer, employee or servant thereof, who shall violate any of the provisions of this act [Secs. 3981-3989.12], shall be fined

in a sum not exceeding five hundred dollars ($500.00) or shall be imprisoned for not more than six (6) months, or shall suffer both fine and imprisonment, at the discretion of the court; and each separate sale or attempt to sell in violation of the provisions of this act, shall be deemed a separate offense. [1932]

Dart's General Statutes Annotated 1939, Vol. 3, Title 32, Ch. 4-Gas, Electric and Water Meters.

Sec. 3990.1 Meters to be furnished.

Every person, firm, association or corporation now engaged or hereafter engaging in the business of furnishing natural or artificial gas for heating, illuminating or other purposes, electricity for illuminating or for power or other purposes, water for domestic use or power or other purposes, and paid for by patrons by meter measure, shall furnish to each and every patron a meter properly tested and in good order, and shall arrange such meters so that the patron can, at any time, see the meter dial and ascertain how much gas, electricity or water is being consumed, and for what amount such patron is liable therefor. [1910]

1 See sections 7917.1 and 7917.2, this page.

Sec. 3991. Charges not to be for more than registered

amount.

It shall be unlawful for any person, firm, association or corporation engaged in furnishing gas, water or electricity to consumers, to be paid for by meter measure, to charge or receive, from any patron or consumer, pay for more gas, electricity or water than the meter furnished by such person, firm, association or corporation shall indicate has been used by such consumer at the time to which payment is made and received, provided the minimum charge contracted for with the municipalities shall not be affected. [1910]

Sec. 3992. False meters.

It shall be unlawful, for any person, firm, association or corporation who knowingly constructs or uses or furnishes to consumers of gas, electricity or water, to be used, any false meter or any false system for measuring and registering the quantity of gas, electricity or water consumed by any person who is connected with the service of said gas, electric or water company. [1910]

Sec. 3994. Penalty for violations.

Any person, firm, association or corporation violating any of the provisions of this act [Secs. 39903996] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars and not more than two hundred dollars for each offense. [1910]

Sec. 3995. Authority of municipalities.1

The several municipalities of this state are given the power and authority to appoint inspectors to carry out the intent and purposes of this act [Secs. 3990-3996], and further granting and giving to the several municipalities of this state the power and authority to pass ordinances providing for the inspection of gas, water, electric light and power meters, and fixing the expense of same. [1910]

1 See section 8010, this page.

Sec. 3996. Exceptions.

This act [Secs. 3990-3996] shall not apply to water, gas or electric power plants owned by any municipality or political subdivision of the state. [1910]

Dart's General Statutes Annotated 1939, Vol. 5, Title 55, Ch. 1-Public Service Commission.

Sec. 7917.1.1 Gas, electricity and water: Enforcement.

Hereafter the Louisiana public service commission shall exercise all necessary power and authority over any street railway, gas, electric light, heat, power, water-works, or other local public utility for the purpose of fixing and regulating the rates charged or to be charged by and service furnished or to be furnished by such public utilities.

Provided that this act [Secs. 7917.1-7917.2] shall not apply to any public utility the title to which is in the state of Louisiana or any of its political subdivisions or municipalities. [1934]

1 See sections 3990-3996, inclusive, this page.

Sec. 7917.2. Same: Scope of commission's authority.

The power, authority, and duties of the commission shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by such public utilities. [1934]

Sec. 8010. Same: Municipalities divested of powers.

Any and all laws and parts of laws granting authority and power to the municipalities of this state to supervise, regulate and control the rates charged and to be charged by, and service of, any street railway, gas, electric light, heat, power, waterworks or other local public utility, are hereby revoked and repealed.

Provided that this act [Sec. 8010] shall not apply to any public utility the title to which is in the state of Louisiana or any of its political subdivisions or municipalities. [1934]

Dart's General Statutes Annotated 1939, Vol. 6, Title 62, Ch. 24-Checkweighing of Fruit and Vegetable Containers.

Sec. 9594.10b. State market commission may checkweigh.

(f) The state market commission, in so far as possible, upon request, at nominal cost, will furnish special services in connection with the marketing of fruits and vegetables, which may include the taking of precooling temperatures, checkweighing of contents in containers of fruits and vegetables, checkcounting manifests of shipments, supervising the loading or unloading of bonded or similar receipts or shipments, drawing of official samples for laboratory analysis and furnishing of inspectors for raw products in processing plants. [1940; last 'amended 1946.]

[ED. NOTE.-By Acts 1948, the State Market Commission was merged and consolidated into the Department of Agriculture and Immigration which was empowered to exercise all of the duties and functions of the State Market Commission.]

Acts 1948, No. 93-Commercial Fertilizers.
Sec. 1. Enforcement.

Sec. 4. Statement to be filed; marking requirements; ton.

That the following conditions and restrictions must be complied with by any person or guarantor selling, distributing or otherwise handling fertil izers in this State.

1. Before any fertilizer may be sold or offered for sale the guarantor must file the following informa tion with the Commissioner for each brand of fertilizer to be sold in the State:

(a) Net weight of contents of package

Sec. 2. Definition.

That, for the purposes of this Act [Secs. 1-12], the following definitions shall apply:

1. Commercial Fertilizer-shall refer to all materials, not otherwise excluded from the definition, sold for the purpose of promoting the growth of plants or exerting beneficial action on the soil. Materials specifically excluded from the definition are: lime, limestone, marl, gypsum, sulphur and unground bones when unmixed with other substances. Also excluded from the definition is manure, or excrement from any domestic animal provided such has not been dried or otherwise treated. [1948]

Sec. 3. Stop sale order.

8. In case of violation of any of the provisions of this Act, the Commissioner shall issue a stop sale order preventing further sale, movement, or disturbance of any lot of fertilizer involved until settlement of any action against the guarantor is made. On settlement of any action the Commissioner may take the following action according to the nature of his findings:

(a) Release the fertilizer for sale.

(b) Require the guarantor to take up the fertilizer and reimburse the purchaser therefor. (c) Sell the fertilizer at public auction. (d) Destroy the fertilizer. [1948]

That repeated failure of the guarantor to meet the guaranteed weight or analysis of a fertilizer or to fail to make payment of inspection fee, or to fail to pay penalties assessed against the guarantor, shall be considered just cause for cancellation of his registration on any such fertilizer involved. [1948] Sec. 7. Violations; penalty.

That the following shall be considered violations. of this Act [Secs. 1-12] and upon conviction the offender shall be fined not less than fifty ($50.00) dollars and not more than five hundred ($500.00 dollars.

1. Violation of any of the provisions of this Act. 2. Interference with the Commissioner, or State Chemist or their representatives in the performance of their duties in connection with carrying out the provisions of this Act. [1948]

Sec. 9. Same: Warning notices for minor violations.

That nothing contained in this Act [Secs. 1-12] shall be construed as requiring the Commissioner to report for the institution of proceedings under this Act minor violations of this Act, whenever the Commissioner has reason to believe the public interest will be adequately served by issuance of a written notice or warning. [1948]

Sec. 10. Exceptions.

That none of the provisions of this Act [Secs. 1-12] shall apply to materials that are to be used in the manufacture of mixed fertilizer; to fertilizers processed or manufactured in this State intended for sale or distribution in other states, nor to fertilizers being transported through this state and destined for use in other states. [1948]

Acts 1948, No. 94-Commercial Feed. Sec. 1. Enforcement.

that the Commissioner of Agriculture and Immigration shall have authority to administer and to enforce the provisions of this Act [Secs. 1-12]; and that the Director of Agriculture Experiment Station of the Louisiana State University and Agricultural and Mechanical College shall be designated as the State Chemist. [1948]

Sec. 2. Definitions.

That, for the purposes of this Act [Secs. 1-12], the following definitions shall apply:

(1) Commercial Feed-as related to this Act shall refer to all materials, not otherwise excluded from the definition, sold, or exposed or offered for sale intended for feeding livestock. Materials excluded from this definition are:

(a) Whole unmixed grains or seeds (b) Whole hays

(c) Straw, chaff, and hulls from grains or seeds (d) Corn stover unmixed with other materials (e) Other materials containing more than sixty percent (60%) water.

(2) Livestock-shall refer to horses, mules, cattle, sheep, goats, swine, domestic rabbits, poultry, and any other animals of agricultural importance as the Commissioner may designate. [1948]

Sec. 3. Stop sale order.

(6) In case of violation of any of the provisions of this Act [Secs. 1-12], the Commissioner shall issue a stop sale order preventing further sale, movement, or disturbance of any lot of feed involved until settlement of any action against the guarantor is made. On settlement of any action the Commissioner may take the following action according to the nature of his findings.

(a) Release the feed for sale

(b) Require the guarantor to take up the feed and reimburse the purchaser therefor (c) Sell the feed at public auction (d) Destroy the feed. [1948]

Sec. 4. Statement to be filed; marking requirements; ton. That the following conditions and restrictions must be complied with by any person or guarantor selling, distributing or otherwise handling feeds in this State.

(1) Before any feed may be sold or offered for sale the guarantor must file the following information with the Commissioner for each brand of feed to be sold in the State.

(a) Net weight of contents of package.

(2) Every lot or package of feed sold in the State shall carry a readily visible tag or label stating in

plain English the same information furnished to the Commissioner on registration.

(7) That every guarantor or person manufacturing or selling any commercial feed as defined in Section 2 of this Act shall pay the Commissioner an inspection fee of twenty-five cents per ton (2,000 lbs.) on all commercial feeds sold in this State. [1948]

Sec. 6. Cancellation of registration.

That the repeated failure of the guarantor to meet the guaranteed weight or analysis of a feed or to fail to make payment of inspection fee, or to pay penalties assessed against the guarantor shall be considered just cause for cancellation of his registration on any such feed involved. [1948] Sec. 7. Violations; penalties.

That the following shall be considered violation of this Act [Secs. 1-12] and upon conviction the offender shall be fined not less than fifty ($50.00) dollars and not more than five hundred ($500.00) dollars for each offense.

(1) Violation of any of the provisions of this Act. (2) Interference with the Commissioner, or State Chemist or their representatives in the performance of their duties in connection with carrying out the provisions of this Act. [1948]

Sec. 9. Warning notices for minor violations.

That nothing contained in this Act [Secs. 1-12] shall be construed as requiring the Commissioner to report for the institution of proceedings under this Act minor violations of this Act, whenever the Commissioner has reason to believe the public interest will be adequately served by issuance of a written notice or warning. [1948]

Sec. 10. Exceptions.

That none of the provisions of this Act [Secs. 1-12] shall apply to materials that are to be used in the manufacture of mixed feed; to feeds processed or manufactured in this State intended for sale or distribution in other states, nor to feeds being transported through this State and destined for use in other states. [1948]

Acts 1948, No. 112-Agricultural Poisons.

Sec. 1. Enforcement.

that the Commissioner of Agriculture and Immigration shall have authority to administer and to enforce the provisions of this Act [Secs. 1-11]; and that the Director of the Agricultural Experiment Station of the Louisiana State University and Agricultural and Mechanical College shall be designated as the State Chemist. [1948]

Sec. 2. Definition.

That, for the purposes of this Act [Secs. 1–11], the following definitions shall apply:

Acts 1948, No. 112-Agricultural Poisons-Continued. (1) Agricultural Poisons-as related to this Act shall refer to any substance, or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, fungi or weeds, where such substances are used, or intended to be used on field crops, vegetable crops, gardens, orchards, etc. [1948]

Sec. 3. Stop sale order.

(7) In case of violation of any of the provisions of this Act, the Commissioner shall issue a stop sale order preventing further sale, movement, or disturbance of any lot of poison involved until settlement of any action against the guarantor is made. On settlement of any action the Commissioner may take the following action according to the nature of his findings.

(a) Release the poison for sale.

(b) Require the guarantor to take up the poison and reimburse the purchaser therefor.

(c) Sell the poison at public auction. (d) Destroy the poison. [1948]

Sec. 4. Statement to be filed; marking requirements; hundred weight.

That the following conditions and restrictions must be complied with by any person or guarantor selling, distributing or otherwise handling poisons in this State.

(1) Before any poison may be sold or offered for sale the guarantor must file the following information with the Commissioner for each brand of poison to be sold in the State.

(a) Net weight of contents of package.

(2) Every lot or package of poison sold in the State shall carry a readily visible tag or label stating in plain English the same information furnished to the Commissioner on registration.

(4) That every guarantor or person manufacturing or selling any agricultural poison as defined in Section 2 of this Act shall pay to the Commissioner an inspection fee of ten (10c) cents per hundredweight (100 lbs.) on all agricultural poisons sold in this State. [1948]

Sec. 5. Cancellation of registration.

That repeated failure of the guarantor to meet the guaranteed weight or analysis of a poison or to fail to make payment of inspection fee, shall be considered just cause for cancellation of his registration on any such poison involved. [1948]

Sec. 6. Violations; penalties.

That the following shall be considered violations of this Act [Secs. 1-11] and upon conviction the offender shall be fined not less than fifty ($50.00)

dollars, and not more than five hundred ($500.00) dollars for each offense.

(1) Violation of any of the provisions of this Act. (2) Interference with the Commissioner, or State Chemist or their representatives in the performance of their duties in connection with carrying out the provisions of this Act. [1948]

Sec. 8. Warning notices for minor violations.

That nothing contained in this Act [Secs. 1-11] shall be construed as requiring the Commissioner to report for the institution of proceedings under this Act minor violations of this Act, whenever the Commissioner has reason to believe the public interest will be adequately served by issuance of a written notice or warning. [1948]

Sec. 9. Exceptions.

That none of the provisions of this Act shall apply to materials that are to be used in the manufacture of agricultural poison; to poisons processed or manufactured in this State intended for sale or distribution in other states, nor to poisons being transported through this State and destined for use in other states. [1948]

Dart's Criminal Statutes, 1943, Part IV, Ch. 19— False Advertising.

Sec. 966. Unlawful acts.

Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor. [1914]

Sec. 967. Same: Penalty.

Any person, firm, corporation or association who shall violate any of the provisions of this act [Secs. 966-967] shall, upon conviction, be fined not less than twenty-five dollars nor more than five hundred dollars, or be imprisoned in the parish jail for not less than ten days nor more than six months, or by both said fine and imprisonment at the discretion of the court for each offense. [1914]