Sidebilder
PDF
ePub

lowed as provided in this act [Secs. 60-1501-601511] for the adoption of a rule. [1945]

Burns Statutes Annotated 1933, Vol. 11, Title 67, Ch. 3-Tobacco Warehouses.

Sec. 67-302. Scales; weighing.

The proprietor of each warehouse [tobacco warehouse] shall provide, and continually keep in the same and in good order, scales of sufficient size and strength to weigh at least one [1] ton weight, which shall be tested once in every year, and oftener if necessary, by the standard weights and measures;

⚫. The said warehouse proprietors shall superintend the weighing of each hogshead of tobacco, and see that the empty cask is properly weighed, and that the proper number and weights, gross, tare, and net are marked on one [1] of the heads of the same. [1857]

Sec. 67-303. Records.

[ocr errors]

The proprietor shall keep a well-bound book of proper size, in which shall be entered the marks, numbers, gross, tare and net weights of each hogshead inspected and sold, together with the owner's name, the price sold for per one hundred [100] pounds and the amount each hogshead sold for; and, when requested to do so, shall collect and pay to the planters or sellers of tobacco the sum due them. He shall make account of sales for the planters or sellers, stating the number of hogsheads, gross, tare and net weights, and the price per [100] hundred pounds, and the sum each hogshead amounts to. [1857]

Sec. 67-305. Bond; penalty.

The proprietor of each warehouse shall enter into bond, with good security, to be approved by the judge of the circuit court of the county, and kept on file in that court (provided the approval of the Iclerk of said court in vacation is authorized until the next session of that court), payable to the state of Indiana, in the sum of five thousand dollars [$5,000], conditioned well and truly to perform all the duties required of him by and to conform to all the provisions of this act [Secs. 67-30167-314]. The party injured by any violation of said bond may sue thereon by civil suit, and recover, for his own benefit as in other cases, for any injury received. Any such proprietor who shall violate any condition of such bond or any provision of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceding one thousand dollars [$1,000]. [1857]

Sec. 67-309. Marking of hogsheads.
Hogsheads of tobacco

shall be branded

with the gross, tare and net weight, [1852]

Burns Statutes Annotated 1933, Vol. 11, Title 67, Ch. 6-Grain Warehousing.

Sec. 67-602. Definitions.

As used in this act [Secs. 67-601-67-627], unless the context clearly evidences a contrary intention, the following terms shall be construed respectively: (a) Commissioner. The state commissioner of weights and measures,1 division of public health, department of commerce and industry, state of Indiana.

(b) Board. Any local supervisory board of individual producers appointed by the commissioner of weights and measures under the provisions of this

act.

(c) Sealer. Any person whose duty it shall be, under the provisions of this act, to inspect, measure and seal any granary, crib, bin or other receptacle for the storage of grain.

(d) Certificate. Any certificate or receipt evidencing the storage of grain under the provisions of this act and any rules or regulations promulgated thereunder shall be considered to be used herein in the same connection as the word "receipt" is used in the Uniform Warehouse Receipts Act.

(e) Owner. Any person or persons (whether individuals, partners or copartners) who shall have title to and possession of any grain stored under the provisions of this act, and shall be construed to have been used herein in the same connection as the word "warehouseman" is used in the Uniform Warehouse Receipts Act. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 67-603. Enforcement; rules and regulations.

The commissioner of weights and measures 1 is hereby authorized and it is hereby declared to be his duty to carry out the provisions of this act, [Secs. 67-601-67-627] and to that end he is hereby authorized to:

(a) Make and promulgate such rules and regulations, not inconsistent herewith, as shall be necessary or desirable effectually to carry out the provisions hereof.

(b) Make such reasonable regulations with respect to the construction and maintenance of granaries, cribs, bins or other receptacles as may be necessary to protect the grain stored therein under the provisions of this act. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303. Sec. 67-606. Appointment of sealers.

The commissioner 1 may, upon the recommendation of any board appointed by him hereunder, or upon the request in writing of ten [10] or more producers of grain, appoint a local sealer or sealers for any county or counties or part thereof, and every

Burns Statutes Annotated 1933, Vol. 11, Title 67, Ch. 6-Grain Warehousing-Continued. such sealer so appointed shall have the same authority with respect to the provisions of this act [Secs. 67-601-67-627] and the rules and regulations promulgated thereunder and the enforcement thereof as any officer of the peace. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 67-607. Bond and oath of sealers.

Each sealer shall furnish bond for the faithful performance of his duties in such amount as shall be determined by the commissioner,1 but in no event shall such bond be in an amount less than one thousand dollars [$1,000]. The bonds and sureties thereon shall, in every class, be subject to approval of the commissioner and be deposited with him, and in case it is not a personal bond the premium thereon shall be paid by the commissioner out of the funds collected under this act [Secs. 67-601-67-627]. He shall also qualify by taking oath similar to that required of public officials. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 67-608. Sealer's duties.

It shall be the duty of the sealer, under the direction of the commissioner,1 to:

(a) Supervise the storage of grain;

(b) Ascertain the amount stored by each owner who shall desire to avail himself of the privileges of this act;

(c) Determine so far as possible upon the basis prescribed in the rules and regulations issued hereunder the exact grade and quantity thereof;

(d) Ascertain, prior to the issuance of any certificate, that the bin, crib, granary or other receptacle in which the grain is stored is satisfactory for the storage of such grain and that such receptacle conforms to the regulations applicable thereto promulgated by the commissioner.

He shall before delivering a certificate to the owner, ascertain that there are no other certificates outstanding upon the grain and shall seal the granary, crib, bin or other receptacle in which the grain is stored in the manner hereinafter provided, and thereafter to make periodic inspections of the granaries, cribs, bins or other receptacles so sealed at such times and in such maner as the commissioner may determine, but in no event less frequently than ninety [90] day intervals, rendering to the commissioner, with reference to each such subsequent inspection, and to the owner, when requested, a report or affidavit in such form as may be required in regard to the amount and condition of the grain under seal and the condition of the structure within which it is stored. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 67-611. Certificates.

Certificates shall be upon forms to be prepared and furnished by the commissioner1 and every certificate must embody within its written or printed

terms:

(a) The date and consecutive number thereof; (b) A particular description of the granary, crib, bin or other receptacle in which the grain is stored and of the premises on which it is located;

(c) Such description of the grain as may be required by the regulations issued hereunder;

(d) The name of the owner or owners, whether ownership is sole, joint, or in trust, and in case of tenants, the date of the expiration of the lease; [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303. Sec. 67-614. Issuance of certificates.

All certificates issued hereunder shall be issued in triplicate, two [2] copies of which shall be marked "Duplicate-No Value." The original and one [1] duplicate copy shall be delivered to the owner and the other duplicate copy shall be filed with the commissioner of weights and measures or the local supervisory warehouse board for the county in which the grain is stored if any such board has been established hereunder. [1935]

1

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 67-616. Indexing by recorder.

When a duplicate is filed in the office of the recorder, he shall index the same in the chattel mortgage index or other suitable index book showing date of the certificate, the number thereof, to whom issued, kind, quantity, and location of the grain.

The filing and indexing of such certificate shall impart the same notice as the filing and indexing of a chattel mortgage. [1935]

Sec. 67-621. Supervision fund.

1

For the purpose of defraying the expenses of supervision, the owner shall pay to the commissioner of [or] the local supervisory board of the county in which the grain is stored, if any, at the time of sealing, an amount determined by the rules and regulations issued hereunder, but in no event to exceed one cent [14] per bushel for grain inspected and sealed by the sealer. Out of the funds thus created, the compensation of the sealer as fixed by the commissioner shall be paid by him or by the board of the county in which the grain is stored, subject to his approval. [1935]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69–103, page 303.

Sec. 67-622. Sealer's fees.

In the exercise of his powers and functions as an officer of the peace in connection with the provi

sions of this act [Secs. 67-601-67-627], the sealer shall be entitled to the same fees as are provided by law for the performance of similar duties by county sheriffs. [1935]

Sec. 67-624. False certificate; penalty.

An owner, the agent or servant of an owner, or any member of any board, or any sealer, who fraudulently issues or aids in fraudulently issuing a certificate for grain, knowing that it contains any false statement, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by imprisonment not exceeding one [1] year, or by a fine not exceeding one thousand dol lars [$1,000], or by both. [1935]

Burns Statutes Annotated 1933, Vol. 4, Title 10, Ch. 21-False Advertising.

Sec. 10-2110. Unlawful acts; penalty.

Any person, firm, corporation or association who, with intent to sell or in any manner dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or dis

tribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto or any interest therein, makes, 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, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars [$10.00] nor more than one hundred dollars [$100] for each offense: Provided, however, That the provisions of this act shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular who, in good faith, and, without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of, such advertisement. [1917]

1

[blocks in formation]
« ForrigeFortsett »