as such official weigher, and truly and correctly record and certify to such weights. Such oath or affirmation may be administered by the state mine inspector1, or by any officer authorized by law to administer oaths in this State. Said official weigher shall also make and execute a bond to the State of Arkansas, for the use and benefit of all persons who may suffer damage on account of the neglect of duty of said official weigher. Said bond shall be in the penal sum of one thousand dollars [$1,000.00] with good and sufficient surety thereon, to be approved by the state mine inspector. Any person, firm, corporation or association suffering damage by reason of any neglect of official duty by the official weigher, shall have a right of action against him and the sureties on his bond. The said state mine inspector may, in his discretion, accept as sureties on said bond, any bonding company authorized to do business in this State, or individuals. Said bond, when approved, shall be filed in the office of the County Clerk of the county in which said official weigher resides, and be recorded and kept on file as other official bonds are now kept. A certified copy of said bond shall be sufficient for all purposes whatsoever. [1941]

1 Now State Police Department. See Sec. 18, Acts 1949, Act 268, page 88.

Sec. 52-710. Duties of official weigher; certificates.

Said official coal weigher shall weigh accurately all coal brought to him to be weighed, and shall truthfully certify to the correct weights thereof on such forms as may be prescribed in the rules made and promulgated as hereinbefore provided. Said certificates shall show the date the coal was weighed, and name and address of the seller, and the name of the mine from which the coal was removed; the name and address of the buyer and the destination of said coal; the name and address of the person in charge of the truck or other vehicle in which said coal is being transported; the gross weight of the load, the tare of the truck or vehicle containing the coal, and the net weight of the coal in the load. It shall also state the motor number of the vehicle containing the coal, the license number of the truck or vehicle, if any, the name of the state issuing the license, and such other information as may be required under the rules and regulations herein. provided for. [1941]

Sec. 52-711. Fees for weighing.

Said official coal weigher shall charge, demand and receive for his services in weighing and certifying to the weights of said coal as provided for herein, the sum of not more than twenty cents [20c] per ton of two thousand [2,000] pounds thereof weighed by him to be fixed by the rules hereinbefore provided for. He shall receive twenty cents [20c] for each load of coal weighed by him where the coal weighed is less than one [1] ton of two

thousand [2,000] pounds. Said fees shall be paid by the person having the coal weighed and at the time the coal is weighed. Said coal weigher shall receive no other fees or remuneration for his service in weighing said coal or certifying to the weights as provided for herein, or for performing the duties required of him under this act [Secs. 52-701, 52-707 -52-717], or as may be provided for under the rules and regulations aforesaid. [1941]

Sec. 52-712. Certificates of weight; carbon copies; to whom delivered.

The certificate provided for herein shall be made out by the said official weigher with a pen and ink or other indelible substance, so that there will be one original and four impression copies, each of which shall be legible. Said official weigher shall, at the time of weighing each load of coal, deliver to the person in charge of the truck or vehicle containing the coal so weighed two [2] true copies of said certificate, one of which copies shall be retained by the said person in charge of the truck or vehicle and kept in his actual possession and upon his person at all times while he is operating said truck or vehicle. If he shall retire from said truck or vehicle before making delivery thereof to the person to whom the load of coal is to be delivered, he shall deliver said copy over to his successor who shall retain it in said manner until he makes delivery of the coal as aforesaid. Such certificate shall be delivered over in immediate succession to any and all persons operating said truck or vehicle until the coal is delivered to its final destination. No person or persons shall operate said truck or vehicle except the one having said certificate in his possession and upon his person. The other said copy shall be by the driver of said truck delivered over to the person to whom the coal is finally delivered. [1941]

Sec. 52-713. Contents of certificate to be recorded.

Said official weigher shall, at the time of weighing each said load of coal enter in a well-bound book the matters and things herein before required to be given in the certificate of said weigher. The forms in said book shall be prescribed in the rules and regulations hereinbefore provided for. The things recorded in said book shall agree with the matters and things set forth in said certificate. He shall retain said book in his possession subject to the inspection of the state mine inspector and any citizen of the State, or any interested party, until his term of office shall expire, at which time he shall deliver said book over to the state mine inspector's office, where it shall be kept as a part of the official records of said inspector's office. [1941]

1 Now State Police Department. See Sec. 18, Acts 1949, Act 268, page 88.

Sec. 52-714. Disposition of carbon copies of certificate.

Said official weigher, at the close of each day's work of weighing coal shall deliver in person, or

Statutes 1947 Annotated, Vol. 5, Title 52, Ch. 7— Mine Scales-Continued.

forward by mail, to the state mine inspector1 at his office, two [2] true copies of each certificate of the loads weighed by him that day. One of said copies shall be retained by the state mine inspector in his office, and the other shall be by him forwarded to the office of the administrative agency of the Bituminous Coal Commission, engaged in the administration of the "Bituminous Coal Act of 1937" 2 for the use of the officers of said administrative agency. [1941]

1 Now State Police Department. See Sec. 18, Acts 1949, Act 268, page 88.

2 The Bituminous Coal Act of 1937, referred to in this section, was Act of Congress of Apr. 26, 1937, ch. 127, 50 Stat. at Large 72, which, as amended May 21, 1943, ch. 97, 57 Stat. at Large 82, expired August 24, 1943.

Sec. 52-715. Penalty for violations.

Whoever shall be found guilty of violating any provision of this act [Secs. 52-701, 52-707-52-7171 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five [$25.00] dollars nor more than one hundred [$100.00] dollars, or be imprisoned in the county jail for not less than fifteen [15] days nor more than sixty [60] days, or by both such fine and imprisonment, in the discretion of the court or jury trying the case. [1941]

Sec. 57-716. Weighers: Appointment; term.

All official coal weighers shall be appointed by the Arkansas State Police Commission, and they shall hold office until their services as such weighers are terminated by the Police Commission. All reports required by said Act No. 382 [Secs. 52–701, 52-707-52-717] to be made by said weighers to the State Mine Inspector shall hereafter be made to the State Police Commission. [1941; last amended 1949.]

Sec. 52–717. Arrests of persons violating act; seizure.

It shall be the duty of all public officers, charged with the duty of enforcing the criminal laws of this state, to make arrests of persons violating any of the provisions of this act [Secs. 52-701, 52-70752-717]. Members of the State Highway Police Department are hereby charged with the duty of excluding from the public highways of this state all trucks or vehicles hauling coal in violation of this act. It is not intended to repeal any existing laws against illegal use of the highways by trucks or vehicles, but this act shall be cumulative of all existing laws or such other laws as may be hereafter enacted. If any person at the time of his arrest shall have possession of a truck or vehicle being operated in violation of this act, such vehicle and the coal contained therein shall be seized by such arresting officer and held as evidence until released. by the court, but not until after said coal has been

weighed and a record made of said coal and truck, as is required by this act. [1941]

Acts 1949, Act 268-Mine Scales, Enforcement and Transfer of Powers.

Sec. 18. Transfer of functions to state police department from state mine inspector.

All powers, duties and requirements conferred upon the Arkansas State Mine Inspector under Act No. 382 of the Acts of the General Assembly of the State of Arkansas, for the year 1941 [Secs. 52-701, 52-707-52-717], are hereby revoked and all such powers, duties and authority conferred upon the said State Mine Inspector by said Act are hereby transferred to and conferred upon the State Police Department of the State of Arkansas; and it shall hereafter be the duty of said State Police Department to administer said Act and to perform all duties and requirements heretofore conferred upon and required of the said State Mine Inspector under said Act. [1949]

Statutes 1947 Annotated, Vol. 5, Title 53, Ch. 5— Measurement and Sale of Oil and Gas.

Sec. 53-501. Crude petroleum oil measured in gage-tanks; exception.

All crude petroleum oil produced in this State shall be measured in gage-tanks. The pipe lines through which such crude petroleum oil is conveyed from oil wells to such gage-tanks shall be placed on the surface of the ground and no by-passes shall extend from such pipe lines between such oil wells and gage-tanks; providing that this act [Secs. 53– 501, 53-502] shall not apply to oil wells in operation prior to the date of the passage of this act. [1939]

Sec. 53-502. Enforcement; records.

The Oil and Gas Commission shall have supervision and control of the measurement of crude petroleum oil produced in this State as set forth in section 1 [Sec. 53-501] of this act. The Commission shall make a daily record of the measurement of such crude petroleum oil and it is authorized and empowered to make reasonable and necessary rules and regulations for the enforcement of the purposes of this act [Secs. 53-501, 53-502]. [1939]

Sec. 53-506. Purchases measured on one hundred per cent tank-tables.

It shall be unlawful for any person, persons, firm or corporation who may purchase any oil produced in this State to in any way discount, dock, or short such crude oil for waste, shrinking or other causes, but such purchases when computed shall be on one hundred per cent [100%] net oil measured on one hundred per cent [100%] tank-tables and corrected to sixty [60] degrees Fahrenheit. All production, runs to storage and deliveries are to be based on one hundred per cent [100%] tank-tables, with proper

adjustments for temperature, B. S. and water. [1941]

Sec. 53-507. Penalty for violating preceding section.

Any person, persons, firm or corporation found guilty of violating the provisions of this act [Secs. 53-506, 53-507] shall be adjudged guilty of a misdemeanor and shall be fined in any sum not less than $500.00 nor more than $3,000.00. [1941]

Acts 1949, Act 474-"Standard Gas Measurement Law."

Sec. 2. "Cubic foot of gas" defined.

The term "cubic foot of gas" or "standard cubic foot of gas" means the volume of gas (including natural and casinghead) contained in one cubic foot of space at a standard pressure base and at a standard temperature base. The standard pressure base shall be 14.65 pounds per square inch absolute, and the standard temperature base shall be 60 degrees Fahrenheit. Whenever the conditions of pressure and temperature differ from the above standard, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the Ideal Gas Laws,1 corrected for deviation. [1949]

1 The reference here is to physical relations for an ideal gas, and specifically to those physical laws which relate volume to temperature and pressure (of gases) known as Boyle's Law, Charles' Law, and Dalton's Law.

Sec. 3. Sale.

Each and every sale, and each and every purchase, delivery and receipt of gas by volume hereafter made in this State, by, for or on behalf of an oil and gas lease owner, royalty owner thereunder, or other mineral interest owner, shall be made, and such gas shall be measured, calculated, purchased, delivered and accounted for on the basis of "a standard cubic foot of gas", as defined in Section 2 of this act. [1949]

Sec. 4. Penalties for violations.

Any person, association of persons, or corporation who, as purchaser thereto, shall violate any of the provisions of this Act, shall, upon conviction, be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), for each offense recoverable in the name of the State, in the Circuit Court of the County in which the offense occurred, and each day of such violation shall constitute a separate offense. One-half of such penalty may be recovered by and for the use of any person, association of persons, or corporation whose gas has not been so measured, calculated, or accounted for, such suit to be brought in the name of and for the use of the party or parties aggrieved. [1949]

Sec. 5. Saving clause.

If any part, section, sub-section, paragraph, sentence, clause, phrase, or word contained in this Act

shall be held by the courts to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of the Act, and the General Assembly, hereby declares that it would have enacted, and does here now enact, said remaining portions, despite any such invalidity. [1949]

Statutes 1947 Annotated, Vol. 5, Title 54-Log Meas

urement.

Sec. 54-101. County surveyor to act as timber inspector.

The county surveyors of each county of the State of Arkansas shall be ex-officio timber inspectors for their respective counties and shall discharge the duties and receive the fees herein provided. [1883; last amended 1901.]

Sec. 54-106. Same: Deputy timber inspectors.

Said timber inspectors may appoint one or more deputies for their respective counties, [1883; last amended 1901.]

Sec. 54-301. Certificate of measurement.

Said county timber inspectors shall, in person or by deputy, at the request of any owner of logs, timber or lumber, after a scalement or measurement thereof, make a bill, stating therein the number of logs, the number of feet (board measure) contained in such logs and lumber and the number of feet, cubic, running or board measure, contained in said timber, and at whose request the same was scaled or measured, and to whom scaled or measured, a copy of which bill he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they occurred upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached that it is a true and correct bill, which bill, so certified, shall be presumptive evidence of the facts therein contained, and of the correctness of such scalement or measurement in all courts, except in favor of the inspector or deputy inspector who made the same. [1883; last amended 1901.]

Sec. 54-302.1 Method of scaling logs.

Said county timber inspectors and their deputies shall in surveying or measuring logs, make such allowance for hollow, rotten or crooked logs as would make them equal to good, sound, straight, merchantable logs; and all logs that are straight and sound are to be measured at their full size, inside the bark at the small end; and all logs over twentyfour feet long, not exceeding thirty-six feet, shall be scaled or measured as two logs, allowing such rise from the first to the second log as the same may require, or as may seem proper in the opinion of the inspector or his deputy. [1883; last amended 1901.]

1 See Secs. 79-119–79–122, page 84; standard to be used in measuring logs.

Statutes 1947 Annotated, Vol. 5, Title 54-Log Measurement-Continued.

Sec. 54–311. Fees of timber inspector.

They shall be entitled to receive the following fees for services, viz.: Five cents [5c] per thousand feet for scaling or measuring and making out survey bills for all logs he is called upon to scale or measure; twelve cents [12c] per thousand feet, running measure, for measuring square timber; ten cents [10c] per thousand feet for sawed lumber, including bills; and in all cases such fees shall be paid by the owner of the logs, timber or lumber scaled or measured. * [1883; last amended 1901.]

Sec. 54-312. Wage basis for cutting timber.

All wages for piece work when applied to the severance of timber on a cordage basis when such piece work is paid for on the basis of measures of volume or weight, shall be computed upon the basis of such measures of volume or weight as such measures of volume or weight are now or may hereafter be defined by the Statutes of the State of Arkansas. [1939]

Sec. 54-313. Same: Penalty.

Any employer who, in paying wages for piece work, makes payment of an amount less than the wages earned when computed as provided in section 1 of this act [Sec. 54-312], shall be liable to his employee for the difference between the amount paid and the amount of wages earned when computed as provided in section 1 [Sec. 54-312] of this act, shall be liable to said employee for a further sum equal to such difference. [1939]

Sec. 54-314. Price basis for timber purchases.

Any person who purchases products as provided in section one [Sec. 54-312] of this act at a price based on the volume or weight of such products shall for the same upon the basis of such measures as such measures are now, or may hereafter be, defined by the Statutes of this State. [1939]

pay

Sec. 54-315. Same: Penalty.

Any person who, in making payment for products bought at a price based on volume, makes a payment of an amount less than the correct total when computed as provided in section 3 [Sec. 54-314] of this act, shall be liable to the seller for the difference between the amount paid and the total when computed as provided in section 3 [Sec. 54– 314] of this act, and in addition shall be liable to said seller for a further sum equal to such difference. [1939].

Statutes 1947 Annotated, Vol. 6, Title 77, Ch. 2Economic Poisons.

Sec. 77-201. Definitions.

For the purpose of this act [Secs. 77-201-77210]:

Sec. 77-208. Withdrawal from sale.

Inspectors of the Plant Board may by issua a written notice to the person in possession, draw from sale any economic poison or which is being offered for sale or sold in violat the provisions of this act [Secs. 77-201-77and after such notice is issued it shall be unl to sell such economic poison or device until th visions of this act have been complied with a written release has been issued by the Board. [1947]

Sec. 77-209. Penalties for violations.

Any person who shall offer for sale or sel economic poison or device in violation of a the provisions of section 2 [Sec. 77-202] or se 8 [Sec. 77-208] of this act shall be deemed of a misdemeanor and on conviction thereof be punished by a fine of not to exceed three dred dollars [$300.00]. [1947]

Statutes 1947 Annotated, Vol. 6, Title 77, Ch "The Agricultural Products Grading Act of 1

Sec. 77-502. Definitions.

For the purpose of this act [Secs. 77-501517] the following terms shall be construed re tively, to mean:

"Board"-The State Plant Board of Arka

"Agricultural Products"-Horticultural, vi tural, bee and other agricultural products. [1

Sec. 77-503. Promulgation of standards; tolerances.

the State Plant Board is hereby au ized and empowered after investigation and P hearing to fix and promulgate of standards for containers of farm products ar change any of them from time to time. The B

in its rules, regulations or notices promulgated pursuant to this act [Secs. 77-501-77-517] shall prescribe such tolerances as may be deemed necessary permitting such variations from the standards fixed under the provisions of this act as are reasonably incident to the manufacture of containers for such products. [1925]

Sec. 77-505. Adoption of federal standards.

The Board is authorized to fix and promulgate as the official standard for this State for any agricultural product or container, the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, • [1925]

Sec. 77-513. Compliance with standards for containers.

Whenever any standard for a container for an agricultural product becomes effective under this act [Secs. 77-501-77-517], no person shall thereafter manufacture for commerce within the jurisdiction of this State or sell, ship or offer for sale in such commerce any container either filled or unfilled, to which the standard is applicable which does not comply with such standard subject to such tolerances as may be permitted under this act. [1925]

Sec. 77-515. Penalties for violations.

Any person who shall violate any of the provisions of this act [Secs. 77-501-77-517] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred [$500.00] dollars or by imprisonment for not more than ninety [90] days or by both such fine and imprisonment. [1925]

Statutes 1947 Annotated, Vol. 6, Title 77, Ch. 6-"The Arkansas Fruit and Vegetable Labeling Act of 1947."

Sec. 77-602. Enforcement.

The State Plant Board of Arkansas shall administer and enforce the provisions of this act [Secs. 77-601—77–611]. [1947]

Sec. 77-603. Products to which act applies.

The provisions of this act [Secs. 77-601-77-611] are limited to peaches, tomatoes, strawberries, Irish potatoes and apples which are grown and produced in the State of Arkansas. [1947]

Sec. 77-605. Closed containers: Marking requirements.

It shall be unlawful for any person to expose, or offer for sale, or have in his possession for sale, or sell, transport, deliver or consign any product covered by this act [Secs. 77-601-77-611] in a closed package unless the container has been plainly marked or tagged in an indelible manner showing, (1) the name and address of the producer, shipper or other person responsible for packing the product,

(2) contents in terms of net weight, measure or numerical count. All markings shall be not less than one-fourth inch in height, except that "Culls" must be marked in letters not less than one [1] inch in height. [1947]

Sec. 77-608. Exemptions.

This act [Secs. 77-601-77-611] shall not apply to (1) products sold directly by producer to consumer, (2) products sold by producer in consumer packages or in bulk to retail trade exclusively in the State of Arkansas, and (3) products in transit from point of origin to place of processing, further grading or conditioning within the State of Arkansas. [1947]

Sec. 77-609. Penalties for violations.

Each person, who by himself, his agents or employees, violates any of the provisions of this act [Secs. 77-601-77-611] shall for each offense be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine not exceeding $25.00 nor less than $10.00 for the first of fense; not exceeding $50.00 nor less than $25.00 or 30 days in jail for the second offense; not exceeding $200.00 nor less than $100.00 or 30 days in jail, or both, for the third and all subsequent offenses, and all costs for each and every offense. [1947]

Sec. 77-610. Definitions.

For the purpose of this act [Secs. 77-601-77– 611], the following terms shall be construed respectively to mean:

"Closed Package"-A barrel, box, basket, sack, carrier, or crate, of which all of the contents cannot readily be seen or inspected when such package is prepared for market. [1947]

Statutes 1947 Annotated, Vol. 6, Title 77, Ch. 7-Cotton Seed Meal and Fertilizer.

Sec. 77-702. Marking requirements.

All persons, companies, manufacturers, dealers or agents, before selling or offering for sale in this State any cotton seed meal, complete fertilizer or fertilizer materials, shall brand, print or attach to each bag, barrel or package, the name and address of the manufacturer or guarantor; the weight of the package, bag, barrel, or otherwise, in pounds; [1947]

Sec. 77-711. Stopping illegal sales.

The Commissioner of Revenues 1 shall have authority to stop the sale of any cotton seed meal, fertilizer or fertilizer materials when it is found in violation of this act [Secs. 77-701-77714]. [1947]

1 Now State Plant Board. See Sec. 1, Acts 1949, Act 327, page 93.