Williams Code Annotated 1934, Vol. 7, Title I, Ch. 7, Art. II-False Advertising-Continued. publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities,

service, or anything so offered to the public, which advertisement contains any assertion, representa tion, or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both said fine and imprisonment. [1915]

Vernon's Annotated Civil Statutes, Vol. 16, Title 93, Ch. 7-Weights and Measures.1

1 For penal provisions, see Arts. 1035–1057d, pages 977-982.

Art. 5705. Enforcement; appointment of sealers.

The Commissioner of Markets and Warehouses 1 shall have power and authority to enforce, or cause to be enforced, any provision of this chapter [Arts. 5705-5736f]. He shall appoint a chief deputy, who shall be known as Chief Deputy of Weights and Measures. In the absence or inability of the Commissioner, such deputy may perform any duty required by the provisions of this chapter. The Commissioner shall also appoint such additional deputies from time to time to serve as sealers of weights and measures, as may be provided for by appropriation. He may also designate such inspectors, lecturers, or employes, serving under him as Commissioner, as sealers of weights and measures. [1919]

1 Now Commissioner of Agriculture. Office of Commissioner of Markets and Warehouses, the Markets and Warehouse Department, and the Weights and Measures Department were abolished and powers, duties and functions transferred to the Commissioner of Agriculture. See Article 5611, page 972.

Art. 5706. Expenses.

Such deputies, together with the chief deputy and the Commissioner [of agriculture], shall be entitled to their actual traveling expenses when traveling on business for the State, and the Legis

lature shall provide from time to time by appropriation other estimated expenses to fully carry out the provisions of this chapter [Arts. 57055736f]. [1919]

Art. 5707. Duties of commissioner.

The Commissioner [of agriculture] shall investigate conditions throughout the State, and es pecially in all the cities and towns in the State, with respect to weights and measures, and the sale of goods, wares and merchandise, commodities, and the food stuff and feed stuff sold in packages or containers, and also all kinds of feed, fuel or ice that is sold by weight or measure. The Commissioner shall annually report to the Governor, and shall, prior to each regular session of the Legislature, file a copy of such report made by him to the Governor, together with his recommendations, with the Legislature of the State. [1919]

Art. 5708. Rules and regulations.

The Commissioner [of agriculture] shall issue instructions and make such rules and regulations for the government of all State sealers of weights. and measures, deputy sealers, inspectors and local sealers, as he may see proper in order to carry out the purposes of this chapter [Arts. 5705-5736f]. All such rules and regulations so issued by him shall have the same force and effect as if they were enacted into law. [1919]

Vernon's Annotated Civil Statutes, Vol. 16, Title 93, Ch. 7-Weights and Measures-Continued.

Art. 5708a. County sealers in certain counties; deputies.

Sec. 1. The Commissioner's Court in each county having a population of not less than sixtynine thousand, four hundred (69,400) and not more than seventy thousand (70,000), according to the last or any succeeding United States Census, may in its discretion appoint a county sealer of weights and measures. He shall be paid a salary to be determined by said Court, said salary not to be less than Fifteen Hundred Dollars ($1500) a year, and no fee shall be charged by him or by the county for the inspecting, testing, or sealing or the repairing or adjusting of any weights, measures, or weighing or measuring devices. Whenever the Court shall deem it necessary, one or more deputy sealers of weights and measures may be appointed to hold office under the same conditions as those specified for the sealer of weights and measures, and the salaries of such deputies shall be fixed as in the case of the sealer of weights and measures. All deputies appointed shall have the same powers and may perform the same duties as the county sealer, when acting under his instructions and at his direction. Provided that the appointments of all county sealers and deputy sealers being made under the provisions of this Chapter [Art. 5708a] shall be subject to the approval of the Commissioner of Agriculture.

Sec. 2. All county sealers appointed under the terms of this Act [Art. 5708a] shall have the same power, authority, duties, and responsibilities as are conferred upon all State and local sealers, in the performance of their official duties by the laws. of this State. The jurisdiction of all county sealers and deputy sealers appointed by the Commissioners Court of any county in this State shall be coextensive with the limits of said county.

Sec. 3. Nothing in this Act [Art. 5708a] shall be construed to prevent two (2) or more counties, or a county and a city situated therein, from combining the whole or any part of their districts, as may be agreed upon by the Commissioners Courts of the counties, or such Court of the county and the Mayor and the Common Council of the city, with one set of standards and one sealer, upon the written consent of the Commissioner of Agriculture. A sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement. [1941]

Art. 5709. Jurisdiction of sealers and inspectors.

The jurisdiction of all State sealers, deputy sealers and inspectors appointed by the Commissioner [of agriculture] shall be co-extensive with the limits.

of the State and they shall have a right to inspect weights and measures in any and all districts or localities designated by the Commissioner. The jurisdiction of all local sealers of weights and measures appointed by the governing body of any city in this State shall be co-extensive with the limits of said city. [1919]

Art. 5710. Power as peace officers.

The Commissioner [of agriculture], his deputy, sealers or inspectors and all local sealers and their deputies in the performance of their official duties, shall have the same power as peace officers in this State. [1919]

Art. 5711. Record; reports.

The Commissioner [of agriculture] shall keep in his office a complete record of all acts done by him; of all inspections made throughout the State, and a record of all prosecutions for the violation of any provision of this chapter [Arts. 5705-5736f]. He shall keep an accurate record of the reports of all the various sealers of weights and measures, deputy sealers and inspectors appointed by him, or under his direction, as well as a record of the inspections of all local sealers of weights and measures appointed by the various cities of the State: such record shall always be open to the inspection of the public. Copies of such record may be had by application therefor, together with the necessary cost of making such copies. [1919]

Art. 5712. State standards.

The standard of weights and measures received from the United States under a resolution of Congress, approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto, or in renewal thereof, and such as shall be procured by the State in conformity therewith and certified by the bureau of standards, shall be the State's standards by which all State and municipal standards of weights and measures shall be tried, authenticated, proved and sealed. [1919] Art. 5713. Same: Custody.

The standards referred to in the preceding ar ticle shall be kept by the Commissioner [of agriculture] in a safe and suitable place in his office. from which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit them. at least once in ten years to the National Bureau of Standards for certification. He shall purchase such apparatus as shall be found necessary to a proper prosecution of work of the office. [1919] Art. 5714a. County sealer; deputies; combining districts.

(1) The Commissioners Court in each county in Texas may in its discretion appoint a county sealer of weights and measures. He shall be paid a salary