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Revised Statutes Annotated, Vol. 27, Ch. 142, Art. 1-Weights and Measures.

Sec. 15624. County clerk to procure weights and measures. The clerk of each county court shall provide, at the expense of the county, one measure of one foot, or twelve inches, English measure; one measure of three feet, or thirty-six inches, English measure, denominated one yard; one half-bushel measure, which shall contain one thousand seventy-five and one-fifth cubic inches, denominated dry measure; one gallon measure, which shall contain two hundred and thirty-one cubic inches; one half-gallon measure, which shall contain one hundred and fifteen and one-half cubic inches; one quart measure, which shall contain fifty-seven and three

Misdemeanors

Punishment of misdemeanor when not
fixed by law

Revised Statutes Annotated, Vol. 13, Ch. 31, Art. 8—
False Advertising
Unlawful acts; penalty

5

fourths cubic inches. Also, one set of weigh called avoirdupois weights, and one seal, wi initials of the county inscribed thereon; whi measures, weights and seal shall be kept by t clerk of the county court of each county. [181 Sec. 15625. Clerk to give notice; commercial weights a measures to correspond; penalty.

So soon as the weights and measures are provide the clerks of the county courts shall cause not thereof to be given at the court house door, for t months; and any person who shall knowingly ke any measure or weights, and buy or sell any co modity whatsoever by such weights or measures shall not correspond with the weights and measu deposited in the clerk's office, shall, for every su offense, forfeit and pay to the party injured t

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And whenever apples shall be sold by the barrel, and no special agreement is made as to the size of the barrel by the parties, the size shall be as follows: Length of barrel, twenty-eight and one-half inches, with chimes of three-quarters of an inch at the ends; the diameter of the heads shall be seventeen and one-quarter inches, and the diameter of the center of the barrel inside shall be twenty and one-half inches. [1845; last amended 1893.]

1 For convenience of reference a slight change has been made in the arrangement.

Sec. 15629. Plank and sawed timbers to be sold by board meas

ure.

All plank and sawed timbers and lumber shall, unless otherwise agreed by special contract, be sold by board measure. [1855]

Sec. 15630. Flour, meal, hominy and hominy grits: Standard weight containers; exceptions; violation a misdemeanor. It shall be unlawful for any person, partnership, corporation, company, co-operative society, organization to pack for sale, sell, offer or expose for sale in this State any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100), pounds, and multiples of one hundred (100), pounds; Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this Act [Sec. 15630] shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from a container or from bulk stocks or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, or for export, or (c) flours, meals, hominy, and hominy grits packed in containers the net contents of which are less than three (3) pounds, or (d) the exchange of wheat for flour or corn for meal by mills grinding for toll. It shall be unlawful for any person to sell, offer or expose for sale any of the commodities mentioned in this Act, in the original container specified in this Act unless the number of pounds net contained therein be plainly labeled or stamped on said container. Any violation of this Act shall constitute a misdemeanor.1 [1945]

1 See Sec. 4853, page 556, punishment for misdemeanor. Sec. 15631. Fraudulent weighing of ore; penalty.

Any person or persons who keep any public or private scales, and weigh for themselves or others, mineral, lead, zinc, coal and other ores, who knowingly take more than ten hundred pounds for one thousand or more than twenty hundred pounds avoirdupois for one ton, or fail to correctly balance his or their scales before weighing, or shall fail or neglect to account for each fractional part of a thou

Revised Statutes Annotated, Vol. 27, Ch. 142, Art. 1— Weights and Measures-Continued.

sand or ton, as the case may be, in weighing any of the ores herein named, which ores are bought and sold by the thousand or ton, shall, for every such offense, forfeit and pay to the party injured a sum not less than twenty dollars nor more than fifty dollars, to be recovered by civil action before any justice of the peace in the county. [1881]

Sec. 15632. Sale of grain, coal, etc., to be made at actual weight; penalty for deductions.

Every sale of grain, seed, hay or coal shall be made on the bases of the actual weight thereof, and any purchaser of grain, seed, hay or coal, who shall deduct any amount from the actual weight or measure thereof, under claim of right to do so by reason of any custom or rule of a board of trade or any pretense whatsoever, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense. [1909]

Sec. 15633. Sale of coal; certificate of weight required; penalty for violations.

Every person or persons selling and delivering coal in wagon load or truck load lots shall correctly weigh said coal and shall furnish to the driver or person in charge of such load a ticket signed by the person selling such coal, stating the gross, tare and net weights, and said ticket shall also state the name of the purchaser of such coal and shall correctly describe the quality, kind and character of such coal; and the seller's driver or agent in charge of said load shall on the delivery of such load deliver such ticket to such purchaser. Any state, county or township officer sworn to preserve the peace shall have power to enforce the provisions of this section and in the enforcement thereof may require any driver or person in charge of such load of coal while hauling same, to exhibit the weight ticket of said load, and may require such person to drive such load to any public or private scale and have the same weighed thereon, and to return after delivery of such load and have the empty vehicle weighed. Any person or persons selling and delivering coal contrary to the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than ten dollars, nor more than one hundred dollars for each offense. [1923]

Sec. 15634. Agent's or broker's contract to sell grain, etc.; restrictions; penalty.

No agent or broker selling any grain, seed, hay or coal shall have authority, under claim or right to do so by reason of any custom or rule of board of trade, to sell any grain, seed, hay or coal only on the basis of the actual weight thereof, and any contract of sale of any grain, seed, hay or coal made in violation of sections 15632 and 15634 of this

article [Secs. 15624-15634] shall be null and void. [1909]

Sec. 15634.1. Inspection and testing of weights and measures; authority of commissioner of agriculture or his agents. The Commissioner of Agriculture or any of his agents are hereby authorized and empowered to tes all weights, measures, and weighing and measuring devices used within the State of Missouri for the purpose of purchasing or selling any commodity be weight or measure, or used in determining the weight or measure of commodities upon which labor is bestowed and such labor or service is deter mined by weight or measurement thereof. Provided that this section shall not apply to presen: laws concerning weights and measures now enforced by other state agencies. [1943]

Sec. 15634.2. Tagging as "Condemned for Repairs" weighing or measuring devices not meeting requirements; use a misdemeanor.

When any of the weighing or measuring devices mentioned in Section 1 [Sec. 15634.1] hereof fail to correspond, within reasonable tolerance, which tolerance shall be established by the Commissione of Agriculture after consultation with and with the advice of the National Bureau of Standards, it shall be the duty of the Commissioner of Agriculture a his agents to mark or tag such devices as "Condemned for Repairs". Any such weighing and measuring devices so marked or tagged shall not be used until corrected and such corrections art approved by the Commissioner or his agents. Ar person who uses any such weighing or measurir. devices during the time they are marked "Con demned for Repairs" shall be guilty of a misde meanor.1 [1943]

1 See Sec. 4853, page 556, punishment for misdemeanor. Sec. 15634.3. Right of entry; hindering Commissioner misde

meanor.

The Commissioner of Agriculture or his agents are hereby authorized to enter, during business hours, all places at which such weighing and meas uring devices are used to make the inspections provided for in the enforcement of this act [sec tions 15634.1-15634.4], and any person, firm, c corporation who hinders or delays the Comm sioner or his agents in the performance of the afore said duties, shall be guilty of a misdemeanor. [1943]

1 See Sec. 4853, page 556, punishment for misdemeanor. Sec. 15634.4. Purchase of supplies by commissioner; rules and regulations.

The Commissioner of Agriculture is hereby au thorized to purchase the necessary supplies and equipment needed in the enforcement of the pro visions of this act [Secs. 15634.1-15634.4], and he may promulgate rules and regulations for the

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Sec. 6214. Cities of the third class: Definition.

All cities and towns in this state containing three thousand and less than thirty thousand inhabitants, which shall elect to be a city of the third class, shall be cities of the third class.1 [1877; last amended 1885.]

1 See Sec. 6956, page 544, powers.

Sec. 6215. Cities of the fourth class: Definition.

All cities and towns in this state containing five hundred and less than three thousand inhabitants, and all towns existing under any special law, and having less than five hundred inhabitants, which shall elect to be cities of the fourth class, shall be cities of the fourth class.1 [1877]

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All towns not now incorporated in this state containing less than five hundred inhabitants, are hereby declared to be villages1: Provided, that any village in this state now or hereafter having more than two hundred inhabitants may by majority vote of the qualified electors therein elect to become a city of the fourth class. [1879; last amended 1927.]

1 See Sec. 7248, page 544, powers of trustees.

Revised Statutes Annotated, Vol. 16, Ch. 38, Art. 2-Cities of the First Class.

Sec. 6293. Powers of mayor and common council.

The mayor and common council shall have power within the city,1 by ordinance, not inconsistent with the Constitution or any laws of this state or of this arictle [Secs. 6223-6602]:

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is sold by measure or weight, and all common carriers using weights and measures, to cause their weights or measures to be tested and sealed, and to be subject to inspection.

XXV. To regulate and provide for inspecting and measuring of firewood, lumber, shingles, timber, posts, staves, headings and all kinds of build. ing materials, and for measuring all kinds of mechanical work,

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XXVI. To provide for the inspection and weighing of hay, lime, stone, coal, charcoal and all kinds of coal used for fuel or for heating purposes, and the places and manner of weighing the same.

XXVII. To regulate the inspection of beef, pork, flour, meal and other provisions, whiskey and other liquors to be sold in barrels, hogsheads and other vessels or packages; to appoint weighers, gaugers and inspectors, and to prescribe their duties.

XXVIII. To regulate the weight and quality of bread to be sold or used in the city. [1909; last amended 1929.]

1 See Sec. 6212, this page; definition.

Revised Statutes Annotated, Vol. 16, Ch. 38, Art. 2A-
Cities of First Class, Alternative Government.
Sec. 6602.1. Organization under act.

Any city of the first class or any city having or which may hereafter have a population entitling it to become a city of the first class may become organized under the provisions of this act.1 [Secs. 6602.1-6602.305] [1949]

1 This act provides for an alternative form of government for cities of the first class and makes provision for what is generally known as the commission form of government. Sec. 6602.10. Powers.

Every city of the first class, organized under this Act [Secs. 6602.1-6602.305], shall have power, by ordinance, not inconsistent with the Constitution, or the laws of this State, or of this act:

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Every city of the first class, organized under this Act [Secs. 6602.1-6602.305], shall have power, by ordinance, not inconsistent with the Constitution, or the laws of this State, or of this act:

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XVIII. To license, tax and regulate inspectors and gaugers, public scales, grain elevators, storage and transfer houses; slot weighing machines, automatic scales machines, automatic selling machines or devices,

XXII. To inspect, test, measure and weigh any article of food, drink, or wear for consumption or use, bought, sold, used or handled in the city,

XXIII. To establish standards of weights and measures, and to provide for the inspection of all weights and measures: Provided, however, that the standards as established by the United States government or the state of Missouri shall be used where they apply.

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1 See Sec. 6215, page 543, definition.

Sec. 7248. Powers of trustees.

Such board of trustees shall have power to pass by-laws and ordinances regulate markets;

to establish and to license, tax scales;

and

regulate hay, grain and stock [1808; last amended 1874.]

Revised Statutes Annotated, Vol. 13, Ch. 32, Art 1-"Liquor Control Act."

Sec. 4889. Nature, form and capacity of packages fixed by supervisor.

The supervisor of liquor control shall have authority to fix and determine the nature, form and capacity of all packages used for containing intoxicating liquor of any kind to be kept or sold under this act [Secs. 4874-4949] * ; prescribe all forms of labels to b affixed to all packages containing intoxicating liquor of any kind; [1937]

Revised Statutes Annotated, Vol. 14, Ch. 33, Art 2-Grain Shipments.

Sec. 5228. Grain shipped to be weighed by railroad; weigh receipt; shortage made up.

Every railroad corporation chartered by or or ganized under the laws of this state, or doing business within the limits of the same, when de sired by any person wishing to ship any grain ove its road, shall receive and transport such grain

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