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be derived and ascertained, shall be the standard liquid measures designated in sections 89–101 to 89–141. The liquid gallon shall be divided by continual division by the number two so as to make half-gallons, quarts, pints, half-pints and gills. [1921] Sec. 89–110. Standard electrical measures.

The standards of electrical measures recognized by the national Bureau of Standards, when procured by the state, shall be the standard of electrical measures in the State of Nebraska. [1921] Sec. 89–111. Metric system official.

The weights and measures of the metric system shall be legal weights and measures in the State of Nebraska. [1921] Sec. 89–112. Standard weight of commodities per bushel.

Whenever any of the articles or commodities mentioned in this section shall be sold by the bushel or fractional part thereof and no special agreement shall be made in writing, the measure thereof shall be ascertained by avoirdupois weight and be computed as follows:

Sec. 89–103. Standard bushel; subdivisions thereof.

A bushel shall consist of two thousand one hundred and fifty and forty-two hundredths cubic inches. The half-bushel, peck and half peck shall consist of the proper division and subdivision of the bushel. 1921; last amended 1923. Sec. 89–104. Standard gallon.

A gallon shall consist of two hundred and thirty-one cubic inches. [1921] Sec. 89–105. Standard pound.

A pound avoirdupois shall consist of seven thousand grains in Troy weights. [1921] Sec. 89–106. Length and surface; units.

The units of standard, and measures of length and surface from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, are the standards of length designated in sections 89–101 to 89–141. The yard is divided into three equal parts called "feet," and each foot into twelve equal parts called "inches.” For measures of cloth and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths and sixteenths. The rod, pole or perch contains five and one-half yards, and the mile seventeen hundred and sixty yards. The chain for measuring land is twenty-two yards long, and is divided into one hundred equal parts called “links." The acre for land measure shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breadth, six hundred and forty acres being contained in a square mile. [1921) Sec. 89–107. Standard weights; hundred weight; ton; pound.

The units of standard of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in sections 89–101 to 89–141. The hundred weight consists of one hundred avoirdupois pounds, and a ton contains twenty hundred weights. Wherever in said sections the word "pound" is used, it shall mean the avoirdupois pound unless otherwise distinctly specified. [1921) Sec. 89-108. Standard dry measures.

The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities designated in sections 89–101 to 89–141. The peck, half-peck, quarter-peck, quart, pint, and half-pint measures, for measuring commodities which are not liquids, shall be derived from the half-bushel by successively dividing the measure by two. [1921] Sec. 89–109. Standard liquid measure.

The units of standards of measure of capacity for liquids, from which all other measures shall

Pounds 48 24 60 48 56 60 56 56

18

Apples Apples, dried Alfalfa seed Barley Beans, green unshelled Beans, dried Beans, lima Beets Blue grass seed Bran Bromus Inermis Broom corn seed Buckwheat Carrots Castor Beans, shelled Charcoal Cherries Clover seed Coal Coke Corn in ear, husked (field) Corn in ear, unhusked (field) Corn shelled (field) Cornmeal Cucumbers Emmer Grapes with stems Hemp seed Hickory nuts, hulled Kaffir Corn Lime Millet seed Oats Onions Onion top sets Onion bottom sets Orchard grass seed Osage Orange seed Parsnips Peaches Peaches, dried Peanuts Pears

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48 48 48 40 44 50 56 80 50 32 57 28 32 14 32 50 48 99 22 45

Revised Statutes 1943, Vol. 4, Ch. 89—Weights and stack, to determine the cubic feet of hay in the Measures-Continued.

stack. [1921] Pounds

Sec. 89–115. Contracts to be in terms of standards. Peas green, unshelled

50 Peas, dried

60

All contracts, sales or purchases made for work Plums

48

to be done, or for anything to be sold or delivPopcorn on the ear

70

ered or done, by weight or by measure, within Popcorn, shelled

56

this state, shall be taken and construed in terms Potatoes

60 Quinces

48

of and according to the standards of weights and Rape seed

50

measures adopted by sections 89–101 to 89–141, exRed top seed

14

cept where parties have agreed in writing upon Rutabaga

60

any other calculations or measurements. All stateRye

56 Rye grass seed

22

ments and representations of any kind referring Salt

80

to the weights or measures of commodities sold or Sand

130

purchased, or exposed for sale, shall be underShorts

20

stood in terms of the standards of weights or measSorghum saccharatum seed

50

ures aforesaid. [1921] Spelt (emmer)

48 Sweet Corn

50 Sweet potatoes

50

Sec. 89–116. Dry commodities: Sold by standard weight or Timothy seed

45

measure only; exceptions. Tomatoes

56

All dry commodities, not otherwise specified in Turnips

55 Walnuts, hulled

sections 89–101 to 89–141, shall be sold only by

50 Wheat

60

standard weight, numerical count, linear or surAll root crops not specified above

50

face measure, except where the parties shall have [1921; last amended 1943.]

a written agreement, specifying some other unit of

measure, or in the case of fruits and vegetables in Sec. 89–113. Flour and corn meal: Standard weight contain- containers, other than as specified in section 89– ers; exception.

117 where the container is labeled or stamped desThe net weight per barrel, per sack, per con- ignating the minimum weight or the minimum tainer, per package, or divisible merchantable numerical count. [1921] quantities, shall be as follows, and no packages other than these sizes shall be permitted for sale

Sec. 89–117. Berry containers; onions, sales one peck or less;

dry measure. in the State of Nebraska: Wheat flour, per bar

All sales of blackberries, blueberries, cranberrel, two hundred pounds; per half-barrel, one hun

ries, currants, gooseberries, raspberries, cherries, dred pounds; per quarter-barrel sack, fifty pounds;

strawberries, and similar berries, also onion sets in per one-eighth barrel sack, twenty-five pounds; and in smaller containers of ten pounds, five pounds

a package of one peck or less, may be sold by the or less if the net weight is plainly marked thereon;

quart, pint or half-pint, dry measure; and all berry

boxes sold, used, or offered for sale, within the rye flour, rye graham, wheat graham, whole wheat flour and cornmeal in sacks of the following

state, shall be of an interior capacity of one quart, weights: one hundred pounds, fifty pounds, twen

pint or half-pint, dry measure. Any berry boxes not

conforming to this section shall be confiscated by ty-five pounds, ten pounds, five pounds, or less if the net weight is plainly marked thereon. Nothing

the inspector. [1921] in sections 89-101 to 89–141 shall be construed Sec. 89–118. Standard milk and cream containers; liquid to prohibit the sale of flour prepared for special

commodities sold only by standard liquid measure or purposes in other sized packages. [1921; last

weight; exception. amended 1943.]

All milk or cream sold in bottles shall be sold

only in bottles containing half-pints, pints, quarts, Sec. 89–114. Measurement of hay in stack.

half-gallons or gallons. All liquid commodities shall Unless otherwise agreed to between the con- be sold only by standard liquid measure or standtracting parties, the following shall constitute the ard weight, except where parties shall have a legal method for measuring hay in the stack, and

written agreement specifying some other unit or cietermining the tonnage of the same: The distance

measure. [1921] from the ground against one side of the stack to

Sec. 89-119. Standard butter print or package. the ground against the other side of the stack, directly over and opposite, shall be taken in feet and

A print or package of butter shall contain one inches; from this measurement shall be subtracted

pound avoirdupois. [1921] the average width of the stack and the result di- Sec. 89–120. Weighing and measuring devices; sealing; vided by two, to obtain the average height of the fraudulent use; penalty. stack; the width shall then be multiplied by the Any person who, by himself, or by his servant height, and the result by the average length of the or agent, or as the servant or agent of another

person, shall offer or expose for sale, sell, use in buying or selling of any commodity or thing for hire or award, or retain in his possession, a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the Department of Agriculture and Inspection within two years, or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of the commodity is determined; or who shall keep for the

purpose of sale, offer or expose for sale, or sell, any commodity in a manner contrary to law; or who shall sell or offer to sell, or use, or have in his possession for the purpose of selling or using, any device or instrument to be used, or calculated to falsify any weight or measure, shall be guilty of a misdemeanor. The possession of such weight, measure, scale, balance or beam shall be prima facie evidence that the same was intended to be used in violation of law, except as provided for in section 89–123. [1921] Sec. 89–121. Scales and weights; inspection; powers of director of department.

When not otherwise provided by law, the Director of the Department of Agriculture and Inspection, or his inspectors, shall have the power, and it shall be his or their duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing and measuring devices, kept, offered, or exposed for sale, sold or used or employed by any proprietor, agent, lessee or employee in proving or ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce or articles of distribution or consumption purchased, offered or submitted by such person or persons for sale, hire or award; and he shall have the power to, and shall, from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He may for the purposes above mentioned and in general performance of his official duties, enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some place which the Di. rector or his inspectors may specify, for the purpose of making proper tests. Whenever the director, or his inspectors, finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. He shall at

least once annually test all scales, weights and measures used in checking the receipts or disbursements or supplies in every institution for the maintenance of which moneys are appropriated by the Legislature. [1921) Sec. 89–122. Same: Inspection; sealing.

Whenever the Director of the Department of Agriculture and Inspection, or his inspectors, compares weights, measures, or weighing or measuring devices, and finds that they correspond or causes them to correspond with the standard in his possession, he shall seal or mark such weights, measures or weighing or measuring devices with the appropriate seals or marks. [1921] Sec. 89–123. Same: Condemnation, when authorized; repairs.

The Director of the Department of Agriculture and Inspection, or his inspectors, may confiscate and seize without warrant any incorrect weight, measure, weighing or measuring device, or part thereof, which does not conform to the state standards or specifications, and which in his or his inspector's best judgment is not susceptible to repair. He or his inspectors may also confiscate and seize any device required to be licensed by the department upon which the license fee has not been paid and which does not bear the license tag of the current year. Any such inspector who shall make any such seizure shall not be liable to the owner of the property seized for damages caused by such seizure. Any property so seized, if not returned to the owner within one year from the date of seizure, shall be destroyed. Such weights, measures, or weighing or measuring devices as are incorrect and may be repaired, they shall mark or tag as "condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within thirty days, and they may neither use nor dispose of the same in any way, nor remove or deface any such "condemned for repairs” tag or other mark or tag affixed by the director or his inspectors, until they shall have received from the department written permission to do so. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs," and have not been repaired as required above, or have been used or disposed of in any way, shall be confiscated by the department. The removal or defacing of such tag shall be prima facie evidence that the same was removed or defaced by and with the consent of the owner or user of the scale. [1921) 89–124. Interference with inspection; penalty.

Except as otherwise provided in sections 89-101 to 89–141 any person, firm or corporation preventing, attempting to prevent, obstructing, hindering, or in any way interfering with the Director

Revised Statutes 1943, Vol. 4, Ch. 89–Weights and Avoirdupois ounce and fractional ounce weights Measures Continued.

in the following number and denomination: One

eight-ounce, one four-ounce, one two-ounce, two of the Department of Agriculture and Inspection,

one-ounce, one one-half ounce, one one-quarter or his inspectors or agents, in the performance of

ounce, one one-eighth ounce, and two one-sixteenth his or their official duties, or knowingly failing or

ounce; neglecting to observe any reasonable rule or regu

Twenty test weights, each of fifty pounds, for lation of the director adopted for the enforcement

testing platform scales and other large scales, if of said sections, shall be deemed guilty of a mis

the same are to be tested; demeanor. [1921) 1

One equal arm balance of a capacity of fifty 1 See Sec. 89–141, page 590, penalty for violation.

pounds to one-sixteenth of an ounce. [1921) Sec. 89–125. Inspectors: Police powers.

Sec. 89–128. Inspection of work of local sealers: Supervision The Director of the Department of Agriculture

by director of department; reports. and Inspection or his inspectors are made special The Director of the Department of Agriculture policemen, and are authorized and empowered to and Inspection, or his inspectors by his direction, arrest any violator of the statutes in relation to shall at least once in each two years, or oftener weights and measures, to enter complaint before if he feels it is for the best interest of the public, any court of competent jurisdiction, and to seize for visit the various cities of the state in order to inuse as evidence, without formal warrant, any false spect the work of the local sealers; and in the peror unsealed weight, measure, or weighing or meas- formance of such duties, he, or his inspectors by uring device, or package or amount of commodi- his direction, may inspect the weights, measures, ties, found to be used, retained, or offered or balances, or any weighing or measuring appliance exposed for sale or sold in violation of law. of any person, firm, or corporation, and shall have [1921)

the same powers as the local sealer of weights

and measures. He shall require a semi-annual reSec. 89–126. Municipal inspection and sealing.

port of the work done by the municipal sealer, Any city or municipality in the state may estab- and shall issue from time to time, regulations for lish a department of public inspection of weights the guidance of all sealers, and the said regulaand measures, and shall have the power to appoint tions shall govern the procedure to be followed by a sealer and deputies and fix their compensation, the aforesaid officers in the discharge of their and to pass such ordinances, not in conflict with

duties. [1921] the state laws, as may be deemed necessary. If a city or municipality shall establish such a depart

Sec. 89–129. Authority to make immediate examination. ment, it shall provide the sealer with suitable quar- Any inspector who may have reason to believe ters, a set of standards as hereinafter specified in that any weight, measure, balance, weighing or sections 89–101 to 89–141, and all other equipment measuring device, used in trade, is inaccurate or for the proper performance of his duties. All city not according to the standard, shall have the auand municipal standards shall be tried, proved and thority to make an immediate examination of the sealed under the direction of the Department of same, and require that the same be tried and tested, Agriculture and Inspection, and shall be returned and conform to the standards herein required. to it for verification at least once in every five [1921] years. [1921)

Sec. 89–130. Fees. Sec. 89–127. Municipal standards enumerated.

The Department of Agriculture and Inspection Sets of standards for municipal sealers, if pro

shall receive fees as follows: cured, shall include the following weights, meas- (1) For inspecting and sealing platform scales: ures and balances, and they shall be of a type (a) Each scale over nineteen thousand pounds caapproved for such use by the Department of Agri- pacity, six dollars and fifty cents; (b) each scale culture and Inspection:

over four thousand pounds capacity up to and One yard measure divided into feet and inches, including nineteen thousand pounds capacity, four and at least one of the inches divided into thirty- dollars and fifty cents; (c) each scale over six hunseconds of an inch;

dred pounds capacity up to and including four Dry capacity measures: One-half bushel, one thousand pounds capacity, two dollars and fifty peck, one quart and one pint;

cents; (d) each scale over one hundred pounds Liquid capacity measures: One gallon, one quart capacity up to and including six hundred pounds and one pint;

capacity, seventy-five cents; (e) each scale over five Avoirdupois pound weights in the following pounds capacity up to and including one hundred number and denomination: One fifty-pound, one pounds capacity, fifty cents; and (f) each scale of twenty-pound, two ten-pound, one five-pound, two five pounds capacity or less, twenty-five cents; two-pound, and one one-pound;

(2) For hopper or grain shipping scales, except

automatic scales: (a) Each scale of over ten thousand pounds capacity, ten dollars; (b) each scale over five thousand pounds capacity up to and including ten thousand pounds capacity, five dollars; (c) each scale of five thousand pounds capacity or less, three dollars and fifty cents; (d) for each automatic scale up to and including six hundred pounds capacity, three dollars and fifty cents; and (e) each automatic scale over six hundred pounds capacity, five dollars, and the department shall be entitled to collect from the owner or custodian of such scales herein mentioned an amount sufficient to cover the cost of transporting all necessary test weights to and from the location of said scales;

(3) For sealing and marking each beam, ten cents; for sealing or marking measures of extension, ten cents per yard or fraction thereof, not exceeding fifty cents for any one measure;

(4) For sealing or marking liquid or dry measures, ten cents for each measure; for measuring pumps or automatic tanks of one gallon or less, twenty-five cents; for measuring pumps or automatic tanks of over one gallon, fifty cents; and for linear measuring devices, fifty cents; for sealing or marking each weight, five cents; for the inspection of any weighing or measuring device not listed in this section, the director of the department shall have the authority and power to fix a fee.

The department shall have a reasonable compensation for making weights and measures conform to the standard in its possession. It shall not require any fee from any county or city. All fees collected by it, or such part as is necessary, shall be used in the proper enforcement of sections 89-101 to 9–141, the balance to be paid to the State Treasurer and credited to the General Fund. The inspection and sealing fees herein provided for shall be and constitute a lien on the weights, scales, measures, weighing or measuring devices inspected until said fees are paid, and the director may sue therefor in the name of the state. [1921; last amended 1947.] Sec. 89–131. Public scales: Erection; counties under town

ship organization.

Scales may be erected in the State of Nebraska for public use at public expense. In counties under township organization, a township may at the annual meeting provide for the erection and determine the location and number of scales for the township, and levy a tax to pay for the same. (1921] Sec. 89–132. Same: Weighmaster; appointment; term.

When such public scales are provided for, the township board shall appoint a weighmaster, upon petition of the electors living in the immediate vicinity of the scales so located, who shall, under oath, promise to perform the duties of his office faithfully and honestly, and the weighmaster so

appointed shall continue in office until removed by the township board or by resignation. [1921] Sec. 89–133. Same: Testing.

The township board shall from time to time, as in its judgment seems necessary, test the scales as to their accuracy and properly adjust same. [1921] Sec. 89–134. Same: Weighmaster's receipt conclusive in

dispute.

Whenever disputes arise between two parties, within the limits of the township where such scales are located, over the first weighing of any articles, the same shall be weighed a second time on the public scales, and the weighmaster's receipt therefor shall be final. [1921] Sec. 89–135. Same: Weighmaster's compensation.

The township board shall fix and regulate the fee or salary of the weighmaster, and the fees, if any, for weighing. [1921] Sec. 89–136. Same: Counties under commissioner plan.

Townships in counties under the commission organization, desiring to adopt the provisions of sections 89–131 to 89–135, shall petition to the county board of such county, and where a majority of the electors so petition, the same shall be granted. All duties and powers imposed upon township officers by said sections where counties are under township organization shall be performed by the county board of counties under commission organization. [1921) Sec. 89–137. Standard brick.

The standard size of brick sold in the State of Nebraska shall be eight and one-fourth inches long, four inches wide, and two and one-half inches thick. [1921] Sec. 89–138. Same: Notice to purchaser if otherwise than

standard.

No person shall sell any brick of any size other than that specified in the section 89-137 without, at the time of the sale, notifying the purchaser, in writing, of the size of such brick. [1921] Sec. 89–139. Sale of coal, coke, charcoal by weight; delivery

ticket; re-weighing.

It shall be unlawful to sell or offer to sell in this state any coal, charcoal or coke in any other manner than by weight. No person, firm or corporation shall deliver any coal, charcoal or coke, without each such delivery being accompanied by a delivery ticket and duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivering vehicle, and the net amount in weight of coal, charcoal or coke contained in the cart, wagon or other vehicle used in such deliveries, with the name of

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