any weight, measure, balance or measuring device which shall have been used by him in such violation shall be ordered confiscated and destroyed. He shall also be liable in damages to the party injured by his violation in treble the amount of the property wrongfully taken or not given and twenty dollars in addition thereto, to be recovered in a court of competent jurisdiction. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vender, that the quantity sold and delivered was the quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation or waste that there may be from the time a package or container is filled by the vender until he sells the same. A slight variation from the stated weight, measure or quantity for individual packages is permissible; provided, that variation is as often above as below the weight, measure or quantity stated.

See secs. 6708-6709.

4813. District attorney to prosecute.

SEC. 22. It shall be the duty of the district attorney to prosecute all violations of the provisions of this act occurring within his county.

4814. Official sealer, director of agricultural experiment station-To procure standards.

SEC. 23. The director of the Nevada agricultural experiment station is hereby designated and constituted ex officio sealer of weights and measures and shall be charged with the proper enforcement of the provisions of this act, and he may appoint such deputy or deputies as he may deem necessary therefor. He shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds owned by the state under section 1 of this act. He shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. He shall at once, after the approval of this act, obtain from the government of the United States all standard weights and measures mentioned in this act which this state does not at that time own.

4815. Duties of sealer and assistants-Tests to make-Duty to prosecute violations.

SEC. 24. It shall be the duty of the sealer and his duly authorized deputy to test and prove all weights, measures, balances and measuring devices when requested so to do by any person, without expense to such person, and when the same are found or made to conform to the authorized standards he shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by him for that purpose. It shall be the duty of the sealer and his deputy to inspect and test all weights, measures, balances and measuring devices and when any weight, measure, balance or measuring device is found by the sealer or his deputy or deputies to be false or untrue or not of the approved type, or which does not conform to the standards, or which cannot be made to conform to the standards by such means as the sealer or his deputy may have at his disposal he shall condemn the same and mark it condemned in a conspicuous manner, and such condemnation mark shall not be removed or defaced except by authorization of the said sealer or his deputy. It shall be the duty of the sealer and his deputy to inspect packages or containers of commodities or articles of merchandise, put up and sold or offered for sale in this state, and he shall mark in a conspicuous manner any package or container which does not have a statement of the net weight, measure or numerical count of its contents on it, and such mark shall not be removed or defaced except by authorization of the said sealer or his deputy. Whenever the sealer or his

deputy has reason to believe that there has been a violation of any of the provisions of this act he shall swear to, or cause to be sworn to, a complaint before the justice of the peace having jurisdiction, charging the suspected person with a misdemeanor, and shall take charge of, pending the trial of the accused person, the weight, measure, balance or measuring device used in such suspected violation.

4816. Powers of sealer and deputies.

SEC. 25. The sealer and his duly authorized deputy shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purpose of trade, or any premises in or on which any commodities or articles of merchandise are put up into packages or containers for the purposes of trade, for the purpose of inspecting, adjusting, sealing, condemning or marking such weights, measures, balances or measuring devices and such packages or containers. 4817. Unlawful to obstruct sealer or deputies-Penalty.

SEC. 26. It shall be unlawful for any person to hinder, obstruct or in any way interfere with the sealer or his duly authorized deputy while in the performance of such inspection, and it shall be unlawful for any person to fail to produce upon demand by the sealer or his deputy all weights, measures, balances or measuring devices and all packages or containers of commodities or articles of merchandise, in or upon his place of business or in his possession, for use in manufacture or trade. Any such person so violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment.

4818. Sealer must test before condemning weights-Penalty.

SEC. 27. If the sealer or any of his deputies shall seal any weight, measure, balance or measuring device before first testing and making the same conform to the authorized standard or if he shall condemn or take charge of any weight, measure, balance or measuring device without first testing the same, the one so doing shall be deemed guilty of a misdemeanor and upon conviction thereof in a court of competent jurisdiction shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

4819. Neglect of duty by sealer or deputies, how punished.

SEC. 28. If the sealer or any of his deputies neglects to keep the standards under his charge in good order or repair, or suffers any of them through his neglect to be lost, damaged or destroyed, or fails to perform any of the duties imposed upon him by this act, the one so doing shall be deemed guilty of a misdemeanor and upon conviction thereof, in a court of competent jurisdiction, shall be subject to a fine of not less than ten dollars nor more than two hundred dollars.

4820. Sealer to keep records and report to governor.

SEC. 29. The sealer shall keep a record of all the weights, measures, balances or other measuring devices sealed, and of all convictions had and confiscations made under this act and shall make an annual report to the governor on or before January first of each year, a copy of which shall be filed with the national bureau of standards. He shall issue from time to time regulations for the guidance of his deputies and the said regulations shall govern the procedure to be followed by the aforesaid deputies in the discharge of their duties.

SEC. 30. The terms "package" and "container" as used in this act shall

include any carton, box, barrel, bag, keg, drum, bundle, jar, jug, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package or paper wrapper. 4822. Person defined.

SEC. 31. The term "person" as used in this act shall be construed to impart both singular and plural as the case demands and shall include corporation, company, society and association. When construing and enforcing the provisions of this act omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall in every case be also deemed omission or failure of such corporation, company, society or association, as well as that of the person.

4823. Appropriation.

SEC. 32. The sum of four thousand dollars ($4,000) is hereby appropriated out of any money in the state treasury, not otherwise appropriated, for the compensation of sealer, deputy or deputies, office supplies and for apparatus necessary to carry out the provisions of this act. The state controller is hereby authorized to draw his warrants for the sum herein appropriated in favor of the Nevada agricultural experiment station, and the state treasurer is hereby directed to pay the same.

An Act to regulate the measurement of charcoal.

Approved February 26, 1879, 50

4824. Standard bushel of charcoal.

SECTION 1. The standard measure of a bushel of charcoal is hereby established at two thousand seven hundred and forty-seven and seven hundred and fifteen one-thousandths cubic inches, stroke measure, and all charcoal bought or sold by actual measurement, must be measured in the mode and manner herein provided.

4825. Sealed measures kept.

SEC. 2. All persons, or corporations, purchasing or consuming more than twenty thousand bushels of charcoal annually, shall keep a sealed measure of convenient size.

4826. Duties of county surveyors-Establish dimensions.

SEC. 3. For the purpose of this act, any county surveyor is empowered to estimate the dimensions of any bin or measure, and he shall inscribe thereon, in plain letters, the number of standard bushels it will contain, together with his own name or signature; he shall receive for such services five dollars for each measure so inscribed; his fee to be paid by those required under the provisions of this act, to maintain sealed measures.

4827. Penalty for violating act.

SEC. 4. Any person, or superintendent, or manager of any corporation or company, violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars.