when paid to go to the informer, and the residue to be paid into the treasury of the State. Prosecution of 48. Every person who shall sell, or offer, or expose for sale, or Id. s. 3. who shall cause or procure to be sold, or offered or exposed for sale, seller. any article or substance required by section forty-six hereof to be marked, branded, stamped, or labelled, not so marked, branded, stamped or labelled, shall be guilty of a misdemeanor, and on trial for such misdemeanor, proof of the sale or offer or exposure alleged, Proof of sale. shall be presumptive evidence of knowledge of the character of the article so sold. 1825, c. 206, s. 1. 1. The standards for weights and measures in this State, except Art. 96, s. 1. as otherwise provided in this article, shall be such as are used at Standards. the custom-house in the city of Baltimore. 1825, c. 206, s. 2. keepers of 2. The county commissioners of each county shall, except where Id. s. 2. otherwise directed by the local law, on or before the first day of Appointment of May in each year, appoint some person as keeper of the standards standards. of weights and measures, who shall safely keep and preserve the same, and when required, deliver them to the county commissioners, or to such person as they may appoint to receive the same, and who shall perform the several duties prescribed by this article. Id. s. 3. 3. The person so appointed shall, before he enters upon the duties Bond of keeper. of his office, give bond to the county commissioners in the penal 1825, c. 206, s. 2. Id. s. 4. 1825, c. 206, s. 3. Weights and measures to be inspected. Penalty for violation. How to be branded. Id. s. 5. 1825, c. 206, s. 3. None but branded to be used. Penalty. Id. s. 6. 1825, c. 206, s. 5. be tried and branded. sum of five hundred dollars conditioned for the faithful discharge of all the duties appertaining to his office. 4. All weights and measures used in this State in the vending of articles, shall be inspected by the said standard keeper for the county, once in every year, under a penalty not exceeding twenty dollars, to be paid by the person owning or using the same, and when adjusted, shall be by the standard-keeper branded, marked, or stamped with the letters M. S. meaning thereby Maryland Standard, in such manner and on such parts of such weights and measures as in his judgment will be most lasting and effectual in preventing fraudulent practices or impositions in the use thereof. 5. The weights and measures so examined, branded or stamped, and no other, shall be used within this State in the vending of such articles as are directed by law to be or are usually sold by weight or measure, under a penalty of twenty dollars, and all articles sold within this State shall be sold by said weights or measures under the like penalty. 6. All scale-beams used in the vending of articles in this State Scale-beams to shall be inspected and stamped by the keeper of the standards of weights, as weights are directed to be stamped, and any person using scale-beams in this State not stamped as herein directed, shall forfeit and pay a sum not exceeding twenty dollars for each Id. s. 7. 1825, c. 206, s. 6. When and where keepers shall attend to inspect. Notice. Id. s. 8. 1825, c. 206, s. 6. register. offence. 7. The keepers of standards of weights and measures shall attend at the different markets, towns, and villages, in the county, for which they shall respectively be appointed, at least once in each year, and at the different public inspecting warehouses in the said counties at least twice in each year, on some certain days to be appointed by the county commissioners, of which days public notice shall be given by advertisements inserted in some one or more newspapers in the counties in which there may be such paper printed, and also by advertisements set up at some conspicuous place in the said markets, warehouses, villages and towns, and shall inspect and adjust all beams and scales, weights and measures, used or intended to be used in the said county. 8. Each keeper of standards shall keep a book in which he shall Keeper to keep register the names of the persons whose beams and scales, weights and measures, he has adjusted, together with the day of the month. and year, and the number and description of the same so adjusted, which book he shall submit to the inspection of the county commissioners once in each year, or oftener if required. Id. s. 9. 1825, c. 206, s. 7. 9. If any person shall neglect or refuse to have his beams and Penalty for re- scales, weights and measures, inspected and adjusted as herein directed, when required to do so by the proper officer, he shall forfeit and pay five dollars for every day during such delinquency. fusing to have beams, etc., adjusted. 1825, c. 206, Keeper to seize false measures. 10. If any standard-keeper shall be informed or have reason to Id. s. 10. suspect that any person is using, or has in his possession with a ss. 7, 8. fraudulent intention, any false beams, scales or measures, he shall examine the same, and if he find them, or any of them, to be false, he shall seize the same as a forfeiture, and adjust and sell them at public auction, and shall annually return a statement of the money received therefor under oath to the county commissioners. 11. If any weight or measure which shall have been branded or Id. s. 11. stamped as herein required, shall be broken, injured, altered or changed, or condemned by the standard-keeper, and shall be found thereafter in the use of any person within this State, such person shall forfeit and pay twenty dollars for each offence. 12. Each standard-keeper shall receive such compensation for the discharge of his duties as the county commissioners shall think proper to allow, which shall be levied on the assessable property of the county and collected as other county charges. 13. Whenever any standard keeper shall be applied to, to adjust scales, weights and measures, by adding to, or diminishing the same, or to adjust scale-beams, he shall be allowed an additional reasonable compensation therefor, to be paid by the party so applying for his services. 14. The one-half of all fines and forfeitures imposed by the preceding sections of this article shall go to the informer, the other to the use of the county, and in all suits therefor, the informer shall be a competent witness. 15. Nothing contained in the preceding sections of this article shall apply to the city of Baltimore, or to any private housekeeper not in trade or pursuing some kind of merchandise as a business. 16. All measures of dried fruit used in this State shall be fixed and uniform and tried by the standards herein established, and the measure to be filled even, without rise or heap, and the fruit not packed or pressed in the measurement thereof, and every person violating the provisions of this section shall be subject to a fine of five dollars, to be recovered before a justice of the peace as other debts, one-half to the informer and the other half to the use of the State. 1825, c. 206, s. 4. Penalty for ed weights or using condemn measures. Ia. s. 12. Pay of keeper. a. s. 13. Additional com 1825, c. 206, s. 10. pensation. Id. s. 14. 1825, c. 206. s. 11. feitures, how Id. s. 15. 1825, c. 206, s. 13. city of Balti Not to apply to more or private persons. Id. s. 16. t Dried fruit, how to be measured. Oats, measure of, or weight. Art. 96, s. 18. 1860, c. 226. 1852, c. 199; Potatoes. 17. Oats shall be bought and sold in this State by struck measure 1872, c. 161. or by weight, at the rate of twenty-six pounds to the bushel. 18. Potatoes in this State shall be sold by weight, at the rate of fifty-six pounds to the bushel, and any person offending against the provisions of this section shall be subject to a fine of ten dollars, to be recovered before any justice of the peace of the city or county where said offence may be committed. This section shall not apply To what counto the sale of potatoes in the counties of Frederick, Washington, ties not to Alleghany, Anne Arundel, Carroll and Montgomery. 1861, c. 78. apply. 1832, c. 120. 19. Hay and straw, which may be sold by weight in this State, Art. 96, s. 19. shall be sold by the net hundred, and every twenty hundred pounds Hay and straw. net weight shall be a ton. 1867, c. 317. Size and dimensions of corn barrel measure, etc. Penalty. Art 96, s. 21. 1831, c. 239. weight. 20. The size and dimensions of the corn barrel measure shall be as follows: twenty one inches in diameter (clear of staves) at the bottom (and twenty-three inches in diameter clear of staves), and shall hold five struck bushels of corn; and all the lime sold in this State, or delivered in this State to any person or persons, shall be measured in a bushel measure of the following dimensions, viz.: twelve inches (clear of staves) at the bottom, and fifteen inches in diameter (clear of staves) at the top, and shall be fifteen inches high inside perpendicular measure, and in all cases where the lime has already slacked, it shall require two such bushels to make one bushel of quick-lime; any person violating the provisions of this section shall, on conviction in any court of this State, or before any justice of the peace, be fined not less than fifty dollars nor more than five hundred dollars, one-half to the informer, and the other half to go to the public school fund of the State. 21. Quercitron and all other ground bark, sumach and all other Articles sold by articles sold by weight, shall be sold by the one hundred pounds for one hundredweight, and twenty hundred shall be considered and taken for a ton, and so in proportion for any greater or smaller quantity. Id. s. 22. 1829, c. 151. Staves. Id. s. 23. ing goods by false mark. 22. The count of all staves and heading shall be by the short hundred, so that one thousand pieces shall be computed as one thousand staves or heading, as the case may be; and any inspector or dealer in staves or heading, attempting to count or compute at any greater rate than one thousand pieces to the thousand, and in that proportion for a greater or less number, shall be deemed guilty of a misdemeanor, and be subject to indictment, and upon conviction shall be fined not exceeding one hundred dollars, one-half to the informer and the other half to the State. 23. No person shall sell any package or parcel of cotton, woollen, Penalty for sell- Or other drygoods, having any mark thereon or attached thereto, indicating or stating a greater number of yards or larger quantity than is actually contained in such package or parcel, and any auctioneer, commission-merchant, or other dealer so selling, shall in each case forfeit and pay to the purchaser of each package or parcel double the value of the quantity of goods which on actual measurement it shall be found there is wanting in such package or parcel to make up the number of yards or quantity marked thereon. Jd. s. 24. 1849, c. 94, s. 2. Penalty, how recovered. 1868, c. 445. Charges for freight meas urement, etc., of grain. 24. All sums not exceeding one hundred dollars, forfeited and payable under the preceding section, shall be recoverable by the purchaser before a justice of the peace as other debts, and all sums exceeding one hundred dollars by action of debt in the court having jurisdiction thereof in the city or county where such sales were made. 25. All charges for freight, measurement, weighing, inspection, wharfage, and commission on grain, shall be made on the number of bushels as ascertained by weight, and not by the running measure, and any one found guilty of a violation of this section shall, on conviction thereof before a justice of the peace, be fined not less than Penalty. five nor more than fifty dollars, one-half to the informer and the other half to the use of the State; provided, that any one feeling Proviso. himself aggrieved by any such judgment, shall have the right of appeal to the Circuit Court of the county, or the Baltimore City Court, as the case may be, on giving bond in the usual form to prosecute such appeal, and for the payment of the judgment and Right of appeal. costs, if such judgment should be affirmed. MEASUREMENT OF OYSTERS. Sale of oysters Baltimore, Cris oyster packing measure. 26. All oysters in the shell disposed of in the city of Baltimore, 1874, c. 221. or in the port of Crisfield, or at any oyster packing establishment in the shell in in this State, shall be measured in an iron circular tub, of any ca- field, or at pacity from one-half bushel to three bushels, as may be agreed upon establishments. between the buyer and seller; said measure shall contain in quan- 46 Md. 631. tity for each bushel thereof according to the following dimension, that is to say: sixteen and one-half inches across from inside to Dimensions of inside at the bottom, eighteen inches across from inside to inside at the top, and twenty-one inches diagonal from the inside chine to the top, and the same shall be even or struck measure. All oysters in the shell sold in the city of Baltimore shall be measured by a licensed measurer. Any person may obtain a license therefor from Licensed meathe clerk of the Court of Common Pleas by paying therefor ten dol- surer in Baltilars, and taking an oath before said clerk for the faithful performance of his duty; said license shall hold good for one year. measurer shall receive for his services one-half cent per bushel, to be paid equally by the buyer and seller. Any person or persons violating the provisions hereof, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than twenty Penalty. nor more than fifty dollars for each offence, and imprisoned until the fines and costs are paid. more. License. A Fees. Measures to be 27. The measure provided for in the last preceding section shall be Id. §. 2. inspected and stamped by the proper officer in the city of Baltimore, inspected and and it shall be unlawful to use any other measure. Any person vio- stamped. lating this section shall be deemed guilty of a misdemeanor, and, Violation. upon conviction, shall be fined not more than fifty dollars for each Penalty. offence, and imprisoned until fine and costs are paid; provided, however, that nothing in this act shall be construed to apply to oys Exceptions. ters shipped in the barrel on any steamboat, which are to be sold in the barrel. |