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specifiying by legal subdivisions the land so benefited, the amount of benefit to accrue to each piece of land, and such contracts shall provide that an annual payment shall be made each year out of the general fund to said board of directors to be applied on the cost of constructing such irrigation works within said district, until the full amount of such benefit is paid; but the state land register shall have the option to pay the full amount to such contract at any time upon any or all of such legal subdivisions; prorided, that said contract shall be subject to said irrigation district and works being properly managed and constructed, so that the benefits agreed upon shall accrue to said lands; provided, also, that the county recorder of every county in which certificate of sale of any state lands for irrigation district taxes have been heretofore filed or recorded, shall cancel the same upon the records of said counties. The amount of benefit so agreed upon shall be charged to the state land register against said lands, and shall be paid as follows: Before any such land shall be offered for sale, the state land register shall cause said lands to be appraised showing first (1): The value of the land without any water right, ditches or other improvements affected or made by such district, and second (2): The value of the water rights, ditches and other improvements or the proportion thereof appurtenant to such land and such legal subdivisions; and said lands shall be offered for sale and sold with said water rights, ditches and other improvements included. Before the proceeds of such sale are deposited in the fund where they properly belong, the amounts of money paid by the state, or for which the state is held bound to pay, or such proportionate amounts where said lands are sold to be paid for in installments, shall be deducted from the said proceeds and placed in the general fund of the state, to reimburse the state for expenditures so made; provided, that no reductions shall be made from said proceeds that shall reduce the same below the appraised value of said lands, or below the price of ten dollars per acre. 4788. Mining industries not to be impaired.

SEC. 66. Vested interest in or to any mining or power water rights or ditches, or in or to any water or water rights, or reservoirs or dams now used by the owners or possessors thereof in connection with any mining or powerdevelopment industry, or by persons purchasing or renting the use thereof, or in or to any other property now used directly or indirectly in carrying on or promoting the mining or power-developing industry, ever be effected by or taken under its provisions, save and except that rights of way may be acquired over the same.

4789. Publication of notices.

SEC. 67. Wherever in this act any notices are required to be given by publication, it shall be satisfied by publishing the same in a weekly newspaper the same number of times consecutively as the number of weeks mentioned in the requirements. A ten days' notice shall be satisfied by two such publications, a twenty days' notice by three, and a thirty days' notice by five such publications.

4790. Other laws unaffected.

SEC. 68. None of the provisions of this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or water distribution. Nothing herein contained shall be deemed to authorize any person or persons to divert the water of any river, creek, stream, canal or ditch, from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property or rights for public uses.

4791. Existing districts governed by this act.

SEC. 69. All irrigation districts heretofore organized under the laws of this state shall hereafter be governed in all respects by the provisions of this act.

WEIGHTS AND MEASURES

Concerning and fixing standard weights and measures and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide for the inspection of weights, measures and weighing and measuring devices, sections 4792-4823. To regulate the measurement of charcoal, sections 4824-4827.

An Act concerning and fixing standard weights and measures and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide fines, penalties and damages for the violation thereof, and for rules of evidence relating thereto; and to provide for the inspection of weights, measures and weighing and measuring devices, and for the enforcement thereof, and making an appropriation for the carrying out of this act.

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4792. Standards of weights and measures adopted.

SECTION 1. The standard weights and measures as have been adopted by the government of the United States of America, and such weights, measures, balances and measuring devices as heretofore have been, or hereafter may be, furnished this state by the United States, as standard weights, measures, balances and measuring devices, shall be the legal standard of weights and measures throughout the State of Nevada. This section shall not prevent the use of the weights and measures of the metric system, authorized by Congress of the United States, as it appears in the Revised Statutes of the United States.

4793. Defining yard and fractions.

SEC. 2. The unit of standard measure of length and surface, from which all other measures of extension, whether lineal, superficial or solid, shall be

derived and ascertained, is the standard yard, adopted by the government of the United States. The yard shall be divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For the measure of cloth and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths and sixteenths.

4794. Defining rod, mile, and chain.

SEC. 3. The rod, pole, or perch shall contain five and a half standard yards, and the mile, one thousand seven hundred and sixty such yards. The chain for measuring land shall be twenty-two standard yards long, and be divided into one hundred equal parts, called links.

4795. Acre and square mile defined.

SEC. 4. The acre for land measure shall be measured horizontally, and contain ten square chains, and be equivalent in area to a rectangle sixteen rods in length and ten rods in breadth. Six hundred and forty acres shall be contained in a square mile.

4796. Perch.

SEC. 5. The perch of mason work or stone shall consist of twenty-five cubic feet.

4797. Units of weight.

SEC. 6. The units of standards of weights from which all other weights shall be derived and ascertained shall be the standard avoirdupois and troy weights adopted by the government of the United States.

4798. Pound, avoirdupois-Ton-Ounce-Troy weight.

SEC. 7. The avoirdupois pound which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces. The hundredweight, except of pig iron and iron ore, shall consist of one hundred avoirdupois pounds, and twenty hundredweight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy pound. Whenever hereafter in this act the word pound is used it shall mean the avoirdupois pound unless otherwise distinctly specified. 4799. Units of measure of capacity-Gallon and fractions.

SEC. 8. The unit of standard measure of capacity for liquids from which all other measures of liquid shall be derived and ascertained shall be the standard gallon, adopted by the government of the United States. The halfgallon, quart, pint, half-pint and gill measures for measuring liquids shall be derived from the gallon by dividing it and each successive measure by two. 4800. Barrel.

SEC. 9. The barrel shall contain thirty-one and one-half gallons and two barrels shall constitute a hogshead.

4801. Bushel and fractions.

SEC. 10. The unit of standard measure of capacity for commodities other than liquids, from which all other measures of such commodities shall be derived and ascertained, shall be the standard bushel measure adopted by the government of the United States. The half-bushel, peck, half-peck, quarter-peck, quart, and pint measures for measuring commodities other than liquids shall be derived from the bushel by dividing it and each successive measure by two.

4802. Barrel and bushel of certain commodities-Weights of.

SEC. 11. Whenever any of the following articles shall be contracted for. or sold, or delivered, and no special contract or agreement shall be made to

the contrary, such sale and computations for payment or settlement thereof shall be by weight. The net weight per barrel or bushel, or divisible merchantable quantities of a barrel or bushel, shall be as follows: Wheat flour, per barrel, one hundred and ninety-six pounds; per half-barrel, ninety-eight pounds; per quarter-barrel sack, forty-nine pounds; per one-eighth-barrel sack, twenty-four pounds; per one-sixteenth-barrel sack, twelve pounds; corn meal, per bushel sack, forty-eight pounds; per half-bushel sack, twenty-four pounds; per quarter-bushel sack, twelve pounds; and the following commodities per bushel: wheat, sixty pounds; rye, fifty-six pounds; Indian corn on the ear, seventy pounds; Kaffir corn, fifty-six pounds; rice corn, fifty-six pounds; corn, shelled, fifty-six pounds; sorghum seed, fifty pounds; buckwheat, fifty pounds; barley, forty-eight pounds; malt, thirty-two pounds; bran, twenty pounds; beans, sixty pounds; clover seed, sixty pounds; Hungarian and millet seed, fifty pounds; potatoes, sixty pounds; sweet potatoes, fifty pounds; turnips, fifty-six pounds; flax-seed, fifty-six pounds; onions, fifty-seven pounds; salt, eighty pounds; castor beans, forty-six pounds; hemp seed, forty-eight pounds; native blue-grass seed, fourteen pounds; English blue-grass seed, twenty-two pounds; timothy seed, forty-five pounds; dried peaches, thirty-three pounds; dried apples, twenty-four pounds; green apples, forty-eight pounds; parsnips, fifty pounds; carrots, fifty pounds; beets, fiftysix pounds; tomatoes, fifty-six pounds; peaches, forty-eight pounds; shelled dried peas, sixty pounds, and alfalfa seed, sixty pounds; oats, thirty-two pounds.

4803. Standard bread loaf.

SEC. 12. A standard loaf of bread sold or offered for sale in this state shall weigh one pound and a standard loaf of bread need not be labeled with a statement of its weight. Whenever a loaf of bread sold or offered for sale weighs more or less than a pound, it shall be labeled in plain, intelligible English words and figures with its correct weight, together with the name of its manufacturer.

4804. Butter.

SEC. 13. Butter in a standard package or container, sold or offered for sale in this state, shall weigh one pound and a standard package or container of butter need have no statement of the net weight of its contents thereon. Whenever butter is sold or offered for sale in a package or container, the net weight of which is more or less than one pound, such package or container shall be labeled in plain, intelligible English words and figures with the correct net weight of its contents, together with the name of the manufacturer or jobber.

4805. Milk or cream-Other liquids.

SEC. 14. All milk or cream that is sold or offered for sale in this state in bottles shall be sold or offered for sale only in bottles containing standard gallons, half-gallons, quarts, pints or half-pints. All other liquid commodities shall be sold only by standard liquid measure or standard weight, except where parties otherwise agree.

4806. Berries and fruits.

SEC. 15. Berries and small fruits whenever sold or offered for sale in this state in boxes, shall be sold or offered for sale in boxes containing a standard dry quart or dry pint, and if said boxes contain more or less than this amount the information must be given the purchaser, or such boxes must be labeled in plain, intelligible English words and figures with a correct statement of the quantity of its contents.

4807. Firewood-Standard cord.

SEC. 16. A standard cord of firewood sold or offered for sale in this state

shall be and contain one hundred and twenty-eight cubic feet, well stowed and packed. And when delivering firewood to a purchaser the vender shall give, or cause to be given therewith to such purchaser, a written statement of the quantity, in terms of the standard cord, of the firewood so delivered. 4808. Ton of coal-Statement of weight furnished-Weight by sack.

SEC. 17. A standard ton of coal sold or offered for sale in this state shall weigh two thousand pounds. And when delivering coal to a purchaser the vender shall give, or cause to be given, therewith to such purchaser a written statement of the weight, in terms of the standard ton, of the coal so delivered. When coal is sold by the sack the contents of such sack shall weigh one hundred pounds.

4809. All packages to bear correct statement of weight, or numberProviso.

SEC. 18. It shall be unlawful for any person to put up any commodity or article of merchandise into a package or container and sell or offer for sale in this state such commodity or article of merchandise in that form without having such package or container labeled in plain, intelligible English words and figures with a correct statement of the net weight, measure or numerical count of its contents; provided, that nothing in this section shall prevent the putting up of commodities or articles of merchandise, which have been previously sold by net weight, measure or numerical count, into packages or containers for the purpose of delivering or transporting such commodities or articles of merchandise.

4810. Mutual agreement-Contracts, how construed.

SEC. 19. It shall be unlawful for any person to sell or offer for sale in this state any commodity or article of merchandise, except by true net weight, measure or numerical count, except where the parties otherwise agree. Contracts for work to be done, or for anything to be sold by weight or measure, shall be construed according to the standards hereby adopted as the standards of this state, except where the parties have agreed upon any other calculations or measurement, and all statements and representations of any kind referring to the weight or measure of commodities or articles of merchandise shall be understood in the terms of the standards of weights or measures aforesaid.

4811. False or short weight or measure unlawful.

SEC. 20. It shall be unlawful for any person, in buying or selling any commodity or article of merchandise, to make or give false or short weight or measure, or to sell or offer for sale any commodity or article of merchandise less in weight or measure than he represents, or to use a weight, measure, balance or measuring device that is false and does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise, or to have a weight, measure, balance or measuring device adjusted for the purpose of giving false or short weight or measure, or to use in buying or selling of any commodity or article of merchandise a computing scale or device indicating the weight and price of such commodity or article of merchandise upon which scale or device the graduations or indications are falsely or inaccurately placed, either as to weight or price. 4812. Penalties-Treble damages-Variations considered-Proviso.

SEC. 21. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof before the justice of the peace having jurisdiction of the offense, shall be fined in a sum not to exceed two hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment, and

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