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meters and appliances for examining, measuring, or testing such service, product or commodity. The Commission may purchase such materials, apparatus and standard measuring instruments as it deems necessary to carry out the provisions of this section.

The Commission shall provide for the inspection of the manner in which every public utility conforms to the reasonable regulations prescribed by the Commission for examining, measuring and testing its service, product or commodity, and the Commission may supplement such inspections by examining, measuring and testing the service, product or commodity of any public utility. Any consumer or user may have tested any appliance for examining, measuring or testing any such service, product or commodity upon payment of the fees fixed by the Commission. The Commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the measuring appliance be found unreasonably defective or incorrect to the disadvantage of the consumer or user.

The Commission, its officers, agents, experts or inspectors and employees shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this Act, and to set up and use on such premises, any apparatus and appliances and occupy reasonable space therefor. [1921]

1 Those engaged in the production, storage, transmission, sale, delivery or furnishing of heat, cold, light, power, electricity

or water, etc.

Sec. 55. Same: Meter reader to leave card at consumer's written request.

The Commission [Illinois Commerce Commission] shall require that every public utility furnishing natural or artificial gas, electricity or water to the public, where the individual consumption is measured by meter, shall, upon written request of any consumer, cause the meter reader at the time of reading such consumer's meter to leave at such meter a card showing the present reading of the meter, the last previous reading, and the dates of such two readings. [1921]

Smith-Hurd Annotated Statutes, Ch. 114-Weighing of Grain.

Sec. 111. Weighing of grain by railroads: Weight receipt; no deduction for shrinkage; damages; evidence; shortage. That every railroad corporation, chartered by or organized under the laws of this state or doing business within the limits of the same, when desired by any person wishing to ship any grain over its road, shall receive and transport such grain in bulk,

And at the time such grain is received by it for transportation, such corporation shall carefully and correctly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight.

And such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same.

In default of such delivery, the corporation so failing to deliver the full amount of such grain shall pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered.

If any such corporation shall, upon the receipt by it of any grain for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent having personal knowledge of the amount of grain so shipped, shall be taken as true, as to the amount so shipped; and in case of the neglect or refusal of any such corporation, upon the delivery by them of any grain, to weigh the same, as aforesaid, the sworn statement of the person to whom the same was delivered, or his agent having personal knowledge of the weight thereof, shall be taken as true, as to the amount delivered. And if, by such statements, it shall appear that such corporation has failed to deliver the amount so shown to be shipped, such corporation shall be liable for the shortage, and shall pay to the person entitled thereto the full market value of such shortage, at the time and place when and where the same should have been delivered. [1871]

Sec. 205. Examination of grain and scales in warehouses; incorrect scales.

All persons owning property, or who may be interested in the same, in any public warehouse, and all duly authorized inspectors of such property, shall at all times, during ordinary business hours, be at full liberty to examine any and all property stored in any public warehouse in this state,

. And all scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized inspector or sealer of weights and measures, at any time when required by any person or persons, agent or agents, whose property has been or is to be weighed on such scales-the expense of such test by an inspector or sealer to be paid by the warehouse proprietor if the scales are found incorrect, but not otherwise. Any warehouseman who may be guilty of continuing to use scales found to be in an imperfect or incorrect condition by such examination and test, until the same shall have been pro

Smith-Hurd Annotated Statutes, Ch. 114-Weighing of Grain-Continued.

nounced correct and properly sealed, shall be liable to be proceeded against as hereinafter provided. [1871]

Sec. 224. Department of agriculture to control weighing.

The Department of Agriculture shall, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such Department in the discharge of its duties shall be conclusive upon all parties in interest. [1883; last amended 1943.] Sec. 225. Fees for weighing.

The Illinois Commerce Commission shall fix the fees to be paid for the weighing of grain or other property. Such fees shall be paid equally by all parties interested in the purchase and sale of the property weighed, or scales inspected and tested. [1883; last amended 1943.]

Sec. 227. Rules and regulations.

The Illinois Commerce Commission shall adopt such rules and regulations for the weighing of grain and other property as it deems proper. [1883; last amended 1943.]

Sec. 228. Penalty for refusing access to scales.

In case any person, warehouseman or railroad corporation or any of their agents or employees, refuses or prevents the Department of Agriculture from having access to their scales, in the regular performance of its duties in supervising the weighing of any grain or other property in accordance with this act [Secs. 224-228] they shall be fined the sum of one hundred dollars ($100) for each offense, to be recovered, together with costs of prosecution in a civil action, before any justice of the peace in the name of the People of the State of Illinois. Such fine shall be paid to the county in which the suit is brought. [1883; last amended 1943.]

Sec. 229. Weighing of grain in bulk; transfer at railroad transfer points.

That in all counties of the third class, and in all cities having not less than 50,000 inhabitants, where bulk grain, millstuffs or seeds are delivered by any railroad transporting the same from initial points to another road for transportation to other points, such road or roads receiving the same for transportation to said points or other connections leading thereto, shall provide suitable appliances for unloading, weighing and transferring such property from one car to another without mixing or in any way changing the identity of the property so transferred, and such property shall be accurately weighed in suitably covered hopper scales, which will determine the actual net weight of the entire contents of any carload of grain, millstuffs or seeds a single draft, without gross or tare, and which

weights shall always be given in the receipts or bills of lading and used as the basis of any freight contracts affecting such shipments between such railroad companies and the owners, agents or shippers of such grain, millstuffs or seeds so transported and transferred. [1887]

Sec. 230. Same: Weighing and transferring in transit.

The practice of loading grain, millstuffs or seeds into foreign or connecting-line cars at the initial point from which the grain, millstuffs or seeds are originally shipped, or the running of the original car through without transfer, shall not relieve the railroad making the contract to transport the same to its destination or connection leading thereto, from weighing and transferring such property in the manner aforesaid, unless the shipper, owner or agent of such grain, millstuffs or seeds shall otherwise order or direct. [1887]

Sec. 231. Same: Proceedings to compel enforcement of law; civil actions.

Any railroad company neglecting or refusing to comply promptly with any and all of the requirements of either sections 1 or 2 [Secs. 229 or 230] of this act [Secs. 229-232], shall be liable in damages to the party interested, to be recovered by the party damaged in a civil action, and such party may proceed by mandamus against any railroad company so refusing or neglecting to comply with the requirements of this act; and if the shipper, owner or agent of any such grain, millstuffs or seeds shall fail or neglect to proceed by mandamus, it shall then be the duty of the Illinois Commerce Commission of this state, upon complaint of the party or parties interested, to proceed against the railroad failing or refusing to comply with the provisions of this act; and all the powers heretofore conferred by law upon the Illinois Commerce Commission of this state, shall be applicable in the conduct of any legal proceedings commenced by such Commission under this act. [1887; last amended 1937.]

Sec. 232. Same: Penalty for violating Secs. 229 and 230.

Any railroad company so refusing or neglecting as aforesaid, shall be liable to a penalty of not less than $100 nor more than $500 for each neglect or refusal as aforesaid, to be recovered in a civil action in the name of the People of the State of Illinois for the use of the county in which such act or acts of neglect or refusal shall occur, and it shall be the duty of the Illinois Commerce Commission to cause prosecutions for such penalties to be instituted and prosecuted. [1887; last amended 1937.]

Smith-Hurd Annotated Statutes, Ch. 1211/2-Paint. Sec. 81. Labeling required.

That every person, firm or corporation who shall expose for sale, or sell, within this state, any white lead or paint, shall accurately label the same as hereinafter required. [1917]

Sec. 82. Definition.

The term "paint", as used in this Act [Secs. 81-95], shall include white lead in oil or any compound intended for the same use, paste or semipaste, and liquid or mixed paint of any kind ready for use, or any compound intended for the same use. [1917]

Sec. 83. Marking requirements.

Labels required by this act [Secs. 81-95] shall clearly and distinctly state in case of liquid paints, and other compounds, on packages holding one quart or more, the net measure of contents of each can, package or container. In case of white lead and other paints and compounds, the label shall show on packages weighing four pounds or more the net weight of each can, package or container. [1917]

Smith-Hurd Annotated Statutes, Ch. 121/2-Community Sales.

Sec. 208. Definitions.

When used in this Act [Secs. 208-219] "person" means any person, firm or corporation.

"Department" means the Department of Agriculture of the State of Illinois.

"Livestock" means cattle, swine, sheep, goats, horses, mules and poultry.

"Community Sale" means any sale or exchange of livestock or other personal property held by any person at an established place of business or premises where the livestock or personal property is assembled for sale or exchange and is sold or exchanged at auction or upon a commission basis at regular or irregular intervals but more frequently than three times a year. [1941]

Sec. 213. Refusal of, suspension or revocation of license.

The Department may decline to grant or to renew a license or may suspend or revoke a license already granted if the Department, after due notice and hearing, finds:

(a) That the licensee has violated any provision of this Act [Secs. 208-219] or any rule, order or regulation issued hereunder;

(f) That the licensee, in the case of property weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights or has failed to have his scales regularly inspected and tested. [1941; last amended 1945.]

Sec. 215. Scales to be inspected and tested.

In case any community sale shall sell livestock or other property by weight, the scales upon which

such property is weighed shall be regularly inspected and tested. [1941; last amended 1947.]

Sec. 217. Exemptions.

The provisions of this Act [Secs. 208-219] shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house subject to the Act of Congress known as the Packers and Stockyards Act 1 or any place where veterinary inspection is regularly maintained under the Bureau of Animal Industry of the Department of Agriculture of the United States. [1941]

17 U. S. C. A. Sec. 181 et seq.

Sec. 218. Rules and regulations for enforcement; right of entry.

The Department may make reasonable rules and regulations for carrying out the provisions of this Act [Secs. 208-219].

For the purpose of carrying out the provisions of this Act and making inspections hereunder, the Department or any duly authorized representative thereof, shall have the right to enter the establishment or premises where any community sale is held and to inspect the records thereof at all reasonable times. [1941]

Sec. 219. Penalty for violations.

Any person who shall operate a community sale without a license, as herein required, or who shall violate any of the provisions of this Act [Secs. 208219] or of any rules or regulations lawfully issued hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $300. Each day upon which property is sold or exchanged at any community sale shall constitute a separate offense. [1941]

Smith-Hurd Annotated Statutes, Ch. 38, Div. I— False Advertising.

Sec. 249a. Unlawful acts; misdemeanor.

Any person, firm, corporation or association or agent or employee thereof, who, with intent to sell, purchase, or in any wise dispose of, or to contract with reference to merchandise, securities, real estate, service, employment, money, credit or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, purchase, loan, distribution, or the hire of personal services, or with intent to increase the consumption of or to contract with reference to any merchandise, real estate, securities, money, credit, loan, service, or employment, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, or to make any loan, makes, publishes, disseminates, circulates, or places before the public, or causes, di

Smith-Hurd Annotated Statutes, Ch. 38, Div. I False Advertising-Continued.

rectly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, label, or over any radio station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, or statement of any sort regarding merchandise, securities, real estate, money, credit, service, employment, or anything so offered for use, purchase, loan or sale, or the interest, terms or conditions upon which such loan will be made to the public, which advertisement contains any assertion, representation or statement of fact

which is untrue, misleading or deceptive, shall be guilty of a misdemeanor.1 [1935; last amended 1945.]

1 See Sec. 586, below, punishment for misdemeanor. Smith-Hurd Annotated Statutes, Ch. 38, Div. IIMisdemeanor.

Sec. 586. Punishment when not otherwise prescribed.

Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the doing of such act is a misdemeanor, and may be punished by fine not exceeding $100, or imprisonment in the county jail not exceeding six months, or both, in the discretion of the court. [1874]

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