Revised Statutes 1943, Vol. 4, Ch. 89-Weights and Measures-Continued.

the purchaser thereof and the name of the dealer from whom purchased. One of these tickets shall be surrendered by the person in charge of the load to the inspector upon demand, for his inspection, and a ticket or weight slip issued by the inspector, when the inspector desires to retain the original, shall be delivered to the purchaser of said coal, charcoal or coke, or his agent or representative, at the time of the delivery of the fuel; and the other ticket shall be retained by the seller. When the buyer carries away the purchase, a delivery ticket, showing the actual number of pounds delivered, must be given to the purchaser at the time delivery is made. The Director of the Department of Agriculture and Inspection or any of his inspectors or assistants are empowered to compel the party or parties having charge of such coal, charcoal or coke to bring same on demand to a scale, designated by the director or his assistant or inspector, and weighed, for the purpose of proving the true net weight of the article or commodity. [1921]

Sec. 89–140. Automatic pay scales; license; fee.

It shall be unlawful for any person, firm or corporation by himself, or as the officer, servant, agent, or employee of any person, firm, or corporation, to operate, or use or display for use any scale or scales, known as "money-in-the-slot," or automatic scale or scales, or any weighing device, apparatus or machine, which is used or intended for use to determine the weight of any person or persons, where compensation is derived, or any public or custom scale for which a fee is charged or accepted for weighing, unless said scale or device is licensed by the Department of Agriculture and Inspection. Upon payment of the license fee of three dollars, the department shall issue a metal license tag. All tags shall be numbered consecutively, and bear the year for which the license is valid. The tag shall be displayed prominently on the front of the weighing device, and the defacing or wrongful removal of such tag shall be deemed a misdemeanor. Absence of the license tag shall be prima facie evidence that the weighing device is being operated contrary to law. No license shall be issued until the annual fee of three dollars is paid to the department for each scale or weighing device operated or used. Any person desiring to secure said license shall make application therefor upon a blank to be furnished by the department. The department may withhold or revoke any license for cause. All licenses issued under this section shall expire December 31 of each year. [1921] Sec. 89-141. Penalty for violating Secs. 89-101 to 89–141.

Any person, firm or corporation violating any of the provisions of sections 89-101 to 89-141, shall

be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days; Provided, however, that upon the second conviction for the violation of any of the provisions of said sections, such offender shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days. [1921]

Sec. 89-154. Cotton duck or canvas: Label.

Any person or corporation who shall manufac ture for sale, or who may offer or expose for sale any cotton duck or canvas made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard; also the true grade, single fill ing, double filling, army, roll or wide duck, together with a description by name of any filler or other preparation placed in or on said cotton duck on canvas since its manufacture. [1919]

Sec. 89-155. Same: Sale without proper labels; penalty.

It shall be unlawful for any person or corpora tion either individually or in any representative capacity to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, o any article, other than clothing and wearing ap parel, composed of, made in whole or in part o any cotton duck or canvas, without having marked thereon the true and correct weight of said canva or cotton duck by ounces per yard, also the tru grade, single filling, double filling, army, roll o wide duck, together with a description by name o any filler or other preparation placed in or on sai cotton duck or canvas since its manufacture, or t misstate, misrepresent or conceal the true weigh of the canvas or cotton duck by ounce per yard, o the true grade, single filling, double filling, army roll or wide duck, or the existence of any filler o other preparation placed in or on said cotton duc or canvas since its manufacture. [1919]

Sec. 89-156. Same: Concealing size or dimension; penalt

It shall be unlawful for any person or corpora tion, either individually or in a representativ capacity, selling, carrying for sale, or endeavorin to sell any awnings, paulins, wagon covers, tent grain and hay covers, stable or tent tops, to mi state or misrepresent, or conceal, the true and co rect size and dimensions thereof. [1919]

Sec. 89-157. Same: Defacing labels; penalty.

It shall be unlawful for any person to defac mutilate, obscure, conceal, efface, cancel or remov any mark provided for by section 89-154, or caus or permit the same to be done with intent to mi lead or deceive, or to violate any of the provision of sections 89-154 to 89-160. [1919]

Sec. 89-158. Same: Definitions.

For the of sections 89-154 to 89-160 cotpurpose ton duck or canvas shall be deemed to include all cotton duck or canvas, whether single filling, double filling, army, roll or wide duck. [1919]

Sec. 89-159. Same: Yard; ounce.

For the purpose of sections 89-154 to 89-160, the equivalent of thirty-six inches in length by twentynine inches in width, or seven and one-fourth square feet of cotton duck or canvas, shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois. [1919]

Sec. 89-160. Same: Penalty for violating Secs. 89-154 to 89160.

Any person, company or corporation violating any of the provisions of sections 89-154 to 89-160 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, and for each subsequent offense by a fine of not less than fifty dollars nor more than one hundred dollars. [1919]

Sec. 89-161. Grain: Carlot shipments federally inspected; sale; standard weights.

Carlots of grain that have been inspected by any licensed inspector who has a license from the United States Department of Agriculture under the provisions of the Grain Standards Act, may be sold to be paid for on the basis of shippers' weights, or on the basis of destination weights or on the basis of the official weights on the market where the grain is inspected, as agreed by the buyer and seller in the trade. [1930]

Sec. 89-162. Same: Diversion or reshipments.

Grain inspected by licensed inspectors, as provided in section 89-161, may be diverted or reshipped without having to be unloaded and weighed where inspected. [1930]

Sec. 89-163. Same: Carlot shipments; right of diversion protected.

No person or persons shall be deprived of this diversion right by any rule, regulation, by-laws or custom of any market, board of trade, chamber of commerce exchange, inspection department, or similar organization operating within the State of Nebraska; Provided, nothing in this section shall be construed to prohibit any of the aforesaid organizations from adopting rules regulating the weighing of grain offered for sale or sold on the trading floor of any such organization. [1930; last amended 1937.]

Sec. 89-164. Bread: Standard weight of loaf; enforcing agency.

It shall be the duty of the Department of Agriculture and Inspection to enforce all of the provisions of sections 89-164 to 89-167. It shall make

or cause to be made all necessary examinations, and shall have authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of said sections. [1931]

Sec. 89-165. Same: Standard weights authorized.

Every loaf of bread made for sale in the State of Nebraska shall be of the following weights avoirdupois: One-half pound, one pound, one and onefourth pounds, one and one-half pounds, and exact multiples of one pound and no other weights. Whenever twin or multiple loaves are baked, the weights herein specified shall apply to each unit of the twin or multiple loaf; Provided, that a twin one and one-half pound loaf may be made and sold, but units of said loaf must not be sold separately. There shall be printed upon the wrapper of each loaf of bread, in plain conspicuous type, the weight of the loaf in terms of one of the standard weights herein specified. None of the provisions of sections 89-164-89-167 shall apply to fancy breads. [1931; last amended 1943.]

Sec. 89-166. Same: Tolerances.

The Director of the Department of Agriculture and Inspection shall prescribe reasonable tolerances or variations in excess of, but not under, the weights mentioned in section 89-165, within which all loaves shall be baked, and also the time for which said weights shall be maintained. [1931]

Sec. 89-167. Same: Penalty for violating Secs. 89-164 to 89167.

Any person, firm or corporation violating any of the provisions of sections 89-164 to 89-167, or rules and regulations promulgated thereunder, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. [1931; last amended 1935.]

Revised Statutes 1943, Vol. 1, Ch. 14, Art. 1-Cities of the Metropolitan Class.

Sec. 14-101. Definition; general powers.

All cities in this state which shall have attained a population of one hundred thousand inhabitants or more, shall be cities of the metropolitan class and governed by this act [Secs. 14-101-14-816].

The powers hereby granted shall be exercised by the mayor and council of such city, as hereinafter set forth, except when otherwise especially provided. [1921; last amended 1941.] Sec. 14-102. Additional powers.

In addition to the powers granted in section 14-101, metropolitan cities, as therein defined, shall have power by ordinance:

7. To regulate the weighing and measuring of hay, wood, and other articles exposed for sale, and

Revised Statutes 1943, Vol. 1, Ch. 14, Art. 1-Cities of the Metropolitan Class-Continued.

of all coal sold or delivered within the city; to provide for, license, and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables, and all other provisions or articles of food exposed or offered for sale in the city; and to prescribe the weight and quality of bread exposed or offered for sale in the loaf; and to provide for the inspection of weights and measures or weighing apparatus; [1921]

Revised Statutes 1943, Vol. 1, Ch. 15, Art. 2-Cities of Primary Class.

Sec. 15-213. General powers: Weights and measures.

A primary city1 shall have power, by ordinance, to establish standard weights and measures, regulate the weights and measures to be used in the city, regulate the measuring of every commodity sold in the city, in all cases not otherwise provided by law, and prohibit the use of imperfect weights, measures and weighing apparatus. [1901]

1 A city having more than 40,000 and less than 150,000 inhabitants.

Sec. 15-214. Same: Weighing of fuel and feed; sale; regulation.

A primary city shall have power, by ordinance, to provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel to be used in the city, determine the place or places of the same, and regulate and prescribe the place or places of exposing for sale hay, coal and wood. It may fix the fees and duties of persons authorized to perform such duties. [1901]

Revised Statutes 1943, Vol. 1, Ch. 16, Art. 2-Cities of the First Class.

Sec. 16-223. General powers: Weights and measures.

A city of the first class1 by ordinance may establish standard weights and measures, regulate weights, meter and measures to be used in the city, and regulate the weighing and measuring of every commodity sold in the city, including water, gas and electric light, in all cases not otherwise provided by law. It may prohibit and punish the use of imperfect weights, measures, weighing apparatus, and meters. [1901; last amended 1905.]

1 A city having more than 5,000 and not more than 40,000 inhabitants.

Sec. 16-224. Same: Inspection of meters; weighing of fuel and feed; sale; regulation.

A city of the first class by ordinance may provide for the inspection of electric light, water and gas meters, the inspection and weighing of hay, grain and coal, and the measuring of wood and fuel to be used in the city, and determine the place or places of the same. It may regulate and prescribe

the place or places of exposing for sale of hay, coal and wood, provide for the appointment of an inspector, and fix the fees and duties of the inspector and of other persons authorized to perform such duties. [1901; last amended 1905.]

Revised Statutes 1943, Vol. 1, Ch. 17, Art. 5—Cities of the Second Class and Villages.

Sec. 17-553. General powers: Weights and measures.

Second class cities and villages1 shall have power to establish standard weights and measures, to regulate the weights and measures to be used in the city or village, and to regulate the weighing and measuring of every commodity sold in the city or village in all cases not otherwise provided by law. [1879; last amended 1887.]

1 All cities, towns, and villages containing more than 1,000 and not more than 5,000 inhabitants are cities of the second class.

Sec. 17-554. Same: Weighing of fuel and feed; sale; regula tion.

Second-class cities and villages shall have power to provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel to be used in the city or village, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale hay, coal and wood; and to fix the fees and duties of persons authorized to perform the duties named in this section. [1879; last amended 1887.] Revised Statutes 1943, Vol. 2, Ch. 28, Art. 4—Narcoti Drugs.

Sec. 28-460. Marking requirements.

(1) Whenever a manufacturer sells or dispense a narcotic drug, and whenever a wholesaler sell or dispenses a narcotic drug in a package prepare by him, he shall securely affix to each package i which the drug is contained a label showing i legible English the name and address of the vendo and the quantity, kind and form of narcotic dru contained therein. [1935]

Sec. 28-469. Enforcement.

It is hereby made the duty of the Department Health of the State of Nebraska, its officers, agent inspectors and representatives, and of all pea officers within the state, and of all county attorney to enforce all provisions of sections 28-451 to 2 and 476 pertaining to narcotic drugs

cooperate with all agencies charged with the e forcement of the laws of the United States, of th state, and of all other states, relating to narcot drugs and barbital and other hypnotic and oth somnifacient drugs. [1935; last amended 1941 Sec. 28-470. Penalty for violations.

Any person violating any of the provisions sections 28-451 to 28-469, shall up conviction thereof be punished (1) for the first

ense, by a fine not exceeding three thousand dolars, or by imprisonment in the penitentiary for one year, or by both such fine and imprisonment nd (2) for any subsequent offense, by a fine not exeeding five thousand dollars, or by imprisonment n the penitentiary for not less than one year nor nore than five years, or by both such fine and imrisonment. [1935; last amended 1947.]

Revised Statutes 1943, Vol. 2, Ch. 28, Art. 12-False Brands and Marks.

jec. 28-1223. Sales by false weights and measures; penalty.

Any person or persons who shall knowingly and villfully sell, or direct, or permit any person or persons in his or their employ to sell any comnodity or article of merchandise, and make or give any false or short weight or measure, or any person or persons owning or keeping or having harge of any scales or steelyards for the purpose of weighing live stock, hay, grain, coal or other rticles, who shall knowingly and willfully report iny false or untrue weight, whereby any other peron or persons may be defrauded or injured, shall be fined in any sum not exceeding fifty dollars, or be imprisoned in the jail of the county not exceeding thirty days, and also be answerable to the party defrauded or injured in double damages. [1893]

Sec. 28-1224. Articles packed in kegs, barrels, etc.; weighing and marking requirements.

Any person, agent, or clerk who shall put up, or shall order or procure any other person to put up or pack sugar, rice, tobacco, soap, starch, candles, cheese or any goods or articles sold by weight, packed in kegs, barrels, tierces, casks, boxes, hogsheads, or any case whatever, shall in every instance first weigh the entire box or cask or whatever it may be, and plainly cut or mark upon the head or convenient part thereof, the exact number and fractions of pounds it weighs, and when packed or filled shall again ascertain the whole weight, and place the same immediately above the cut or marked tare weights, and subtract the one from the other, showing the net weight of the contents, which calculation shall not be obliterated while he bulk remains unbroken; and such articles, unil the bulk is broken, shall be sold by the net weight; Provided, however, nothing in this section shall be so construed as to release any person from the obligation of allowing the actual tare at the ime of sale on all kegs, barrels, tierces, casks, boxes, hogsheads or cases containing articles which by their nature are liable to change their original are. [1893]

Sec. 28-1225. Same: Marks not to be changed.

Any brand, mark or stamp, put upon any keg, Darrel, box, cask, hogshead or case by the manuFacturer, indicating the articles, its quality, quancity or the manufacturer's name or any one of

them, shall be considered the manufacturer's certified brand, stamp or mark, and shall be put thereon in such manner as to be identified by the manufacturer or his authorized agent, which shall be subject to no erasure or obliteration; and such box lids, keg, barrel, hogshead, tierce or cask heads, shall not be transferred from one to the other, for the purpose of taking advantage of such brands, stamps or marks, to sell an inferior article, nor shall repacking take place, putting an inferior article into a superior branded keg, barrel, cask, hogshead, box or case, to accomplish the same design, or marking or remarking anything containing pound bulk, so as to hide from view the original manufacturer's mark, stamp or brand. [1893]

Sec. 28-1226. Same: Penalty for violating two preceding

sections.

Whoever, directly or indirectly, transgresses any of the provisions enumerated in the sections 281224 and 28-1225 shall, in all cases, pay to the party aggrieved double the value of the differences between the actual quantity contained in such keg, barrel, cask, tierce, box or hogshead or in whatever the same may be contained, and the net quantity or weight for which the same may have been sold; and for the first offense be subject to a fine not less than twenty nor more than sixty dollars, or imprisonment in the county jail not less than thirty days nor more than sixty days; and for the second and every subsequent offense shall be subject to a fine not less than fifty dollars nor more than two hundred dollars, or imprisonment in the county jail not less than thirty nor more than ninety days. [1893]

Revised Statutes 1943, Vol. 3, Ch. 46, Art. 2—Measurement of Water.

Sec. 46-228. Standards of measurement; "miner's inch."

The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of distributing it therefrom when appropriations shall have been made for direct flow, shall be one cubic foot per second of time. The standard of measurement of the volume of water shall be one acre foot, equivalent to forty-three thousand five hundred and sixty cubic feet, and when water is stored in any natural or artificial reservoir, this standard shall be used for determining the capacity of storage reservoirs, the amount stored and the amount used therefrom. One "miner's inch" shall be one-fiftieth of one cubic foot per second. [1919]

Revised Statutes 1943, Vol. 3, Ch. 53-Alcoholic Liquors.

Sec. 53-118. Containers: Commission to fix capacity; marking requirements.

The rules and regulations established by the commission [Nebraska Liquor Control Commis

Revised Statutes 1943, Vol. 3, Ch. 53-Alcoholic Liquors Continued.

sion] shall include, among such other things as the commission may determine, the following: (1) Fixing and determining the nature, form and capacity of all containers used for alcoholic liquors; (2) determining the nature of and the representations to be shown upon the labels attached to the containers; Provided, that the commission shall require that the labels attached to all original containers or packages of alcoholic liquors sold or offered for sale in this state shall set forth in plain and legible print in the English language the quantity of such liquors in full gallons, quarts, pints or halfpints, exclusive of the package or cask containing it, or in fractions or in multiples thereof; and provided further, that no original package of alcoholic liquor sold or offered for sale in the original package in this state shall contain less than one half pint; * *. [1935; last amended 1945.]

Revised Statutes 1943, Vol. 3, Ch. 54, Art. 5—Stockyards.

Sec. 54-501. Definition.

The term "stockyards" as used herein, shall mean and embrace all corporations, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court of lawful authority whatsoever, that now or hereafter may own, operate, manage or control any yards and pens, railroad tracks, switches, engines, or other motive power, for the purpose of handling livestock in transit and for sale. All stockyards are hereby declared to be common carriers. [1911]

Sec. 54-505. Scales to be furnished.

Every stockyard shall furnish scale facilities sufficient to weigh all livestock without unreasonable delay. [1911]

Revised Statutes 1943, Vol. 3, Ch. 54, Art. 8-Commercial Feeding Stuff.

Sec. 54-801. Definition.

The term "commercial feeding stuff" shall be held to include all the feeding stuffs used for feeding livestock and poultry, except (1) whole seeds or grains, (2) whole unground hays, straws, cottonseed hulls and corn stover when unmixed with other materials, (3) all other materials containing sixty per cent or more of water, and (4) unmixed meals or chops made from the whole grain to which nothing has been added and from which nothing has been abstracted, when such unmixed meals or chops are exchanged for whole grain of a like kind. or when such unmixed meals or chops are manufactured, sold, and delivered on the premises of the manufacturer, direct to the ultimate consumer. [1927]

Sec. 54-803. Marking requirements.

Every lot or parcel of commercial feeding stuff sold, offered or exposed for sale, or distributed within this state at retail, shall have a label affixed thereto, in a conspicuous place on the outside thereof, bearing a legible and plainly printed statement in the English language clearly and truly certifying the following: (2) the mini mum net weight of the contents of the package, lot or parcel; [1927; last amended 1949.

Sec. 54-809. Rules and regulations; enforcement.

The Department of Agriculture and Inspection is hereby empowered to enforce the provisions o sections 54-801 to 54-818 and to prescribe the form of labels to be used and to prescribe and en force such rules, regulations and standards as i may deem necessary to carry into effect the full in tent and meaning of said sections. [1927]

Sec. 54-815. Penalty for violations.

Any manufacturer, importer, jobber, firm, asso ciation, corporation or person who shal sell, offer, or expose for sale, or distribute in thi state, or who shall take or receive from any firm association, corporation, or person in this state an order for any commercial feeding stuff, as define in section 54-801, which is not labeled in accord ance with the provisions of section 54-803 whe delivered in this state by common carrier or othe wise, shall be deemed guilty of a vi lation of the provisions of sections 54-801 to 54 818, and upon conviction thereof shall be fined n

less than one hundred dollars for the first viol tion and not less than five hundred dollars for eac subsequent violation. [1927]

Revised Statutes 1943, Vol. 3, Ch. 54, Art. 9—Liv stock Remedy.

Sec. 54-901. Definition.

The term "livestock remedy" as used in section 54-901 to 54-906, shall be held to include all co dimental feeds, medicated stock foods, medicin stock foods, stock food tonics, stock powders, pr prietary medicines, and all preparations of li nature designed for any animal, except man, to administered internally for their stimulating, i vigorating, curative or other powers. [1915; la amended 1919.]

Sec. 54-902. Marking requirements.

Every barrel, bag, pail, parcel or package of li stock remedy as defined in section 54-901 sh have affixed thereto in a conspicuous place on t outside therof, distinctly printed in the Engli language in legible type, not smaller than eig point heavy Gothic caps, or plainly written, statement certifying (1) the net weight or measu in the package, [1915; last amend 1919.]