Code of 1939, Vol. 3, Title 60, Ch. 60.03—Public Grain Warehouses-Continued.

ing the business hours be subject to the examination and inspection of such Commissioners, their agents, employees, and scale inspectors; and the Commission may, in all matters arising under provisions of this chapter, exercise the power to subpoena and examine witnesses, conferred upon the Commission by law in relation to railroad companies. [1890; last amended 1921.]

Code of 1939, Vol. 3, Title 60, Ch. 60.99 — Public Grain Warehouses, Penal Provisions.

Sec. 60.9908. Penalty for violation of Sec. 60.0320.

Any person violating any of the provisions of section 60.0320, shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense. [1909]

Sec. 60.9909. Penalty for violation of Sec. 60.0321.

Any person who violates any of the provisions of section 60.0321 shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days for each offense. [1890; last amended 1921.]

Code of 1939, Vol. 3, Title 61, Ch. 61.01-Units of Measurement of Water.

Sec. 61.0138. Cubic foot; acre foot; miner's inch.

The standard of measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand, five hundred sixty cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by

Sec. 13.0607. Punishment for misdemeanor when not otherwis prescribed.

Except in cases where a different punishment is prescribed by this Code or by some existing provision of law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. [1899]

Code of 1939, Vol. 1, Title 13, Ch. 13.42-False Advertising.

Sec. 13.4201. Unlawful acts; penalty.

If any person, or his employee, in a newspaper, circular, form letter, or other publication pub lished, distributed, or circulated in this state, or by any billboard, sign, card, label, or other advertis ing medium displayed at any place in this state knowingly makes or disseminates or causes to be made or disseminated any statement or assertion of fact concerning the quantity, the quality, the method of production or manufacture, the cost of production, the cost to the advertiser, the present or former price, or the reason for the price of the merchandise of such person, or concerning the manner or source of purchase of such merchandise, or the possession of rewards, prizes, or distinctions conferred on account of such merchandise, which statement or assertion has the appearance of an offer advantageous to the purchaser and is untrue or calculated to mislead, the person causing such statement or assertion to be made or disseminated, also the employee making or disseminating such statement or assertion, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten nor more than one hundred dollars. [1913]

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3,
Art. XI-Weights and Measures, Sealers.
Sec. 585. State standards.

The weights and measures received from the United States, under the acts or resolution of congress, approved June 14, 1836, and additions thereto and renewals thereof, certified by the United States Bureau of Standards, and such other weights, measures, balances, and apparatus as are the property of the state or may be added by the state sealer of weights and measures, hereinafter

provided for, which are in conformity to and cer tified by the United States Bureau of Standards, shall be the state standards by which all state, county, and municipal standards of weights and measures shall shall be tried, proved, and sealed. [1913]

Sec. 586. State superintendent: Duties; custody of standards. The department of agriculture, through and by its superintendent of foods, fertilizers, and dairies, shall exercise the right, power, and duties to administer and enforce the law in this article [Secs.

585-621], which official is hereinafter referred to as the state superintendent. He shall have and keep a general supervision of the weights, measures, weighing devices, and measuring devices offered for sale, sold, or used within the state; shall enforce all laws regarding them; and shall, in conjunction with the state sealer of weights and measures hereinafter provided for, have the care and custody of all weights, measures, balances, and other apparatus mentioned in the preceding section. [1913; last amended 1923.]

Sec. 587. Assistant sealers; powers.

He and the duly appointed assistant and deputy food inspectors under him are made assistant sealers, and shall have the same power and authority as the county and city sealers hereinafter provided for. [1913; last amended 1923.]

Sec. 588. Working standards: Procurement.

The state superintendent shall procure at the expense of the state, the necessary working sets of weights, measures, balances and apparatus for the use of said inspectors, and shall cause same to be tried and proved by the state sealer. [1913; last amended 1923.]

Sec. 589. Same: Sealed apparatus as evidence.

Such weights, measures, balances, and other apparatus provided for such inspectors, when sealed by the state sealer, shall be competent evidence in all the courts of the state in criminal or civil actions. [1913; last amended 1923.]

Sec. 590. Bi-annual inspection in counties and cities; report of superintendent.

The state superintendent, or his deputies or assistants, by his direction, shall at least once in two years visit the various cities and counties in order to inspect the work of the county and city sealers hereinafter provided for; and in the performance of such duties he or they may inspect the weights, measures, balances, or any other weighing or measuring apparatus of any person, and shall have the same power as said county and city sealers of weights and measures. The state superintendent shall likewise annually, during the first two weeks in January, make to the commissioner of the department for the governor a report of the work done by his office. [1913; last amended 1923.]

Sec. 591. State sealer: Custody of standards; receipt from

successor.

The president of the University of Tennessee shall be, and the same is, hereby made ex-officio state sealer of weights and measures, hereinafter referred to as the state sealer. He shall, in conjunction with the state superintendent, have the care and custody of all standard weights, measures, balances and other apparatus mentioned in section 585; shall cause them to be kept in a suitable building belonging to the University of Tennessee,

He

from which they shall not be removed except for repairs or for certification; and shall take all other necessary precautions for their safe-keeping. shall keep complete records of the standards, balances, and other apparatus belonging to the state, and take receipt for same from his successor. [1913; last amended 1923.]

Sec. 592. Same: Certification of standards; state seal.

He shall maintain the state standards in good order, and shall, in conjunction with the state superintendent, submit them, and thereafter at least once in ten years, to the United States Bureau of Standards for certification. He shall keep a seal, which shall be so formed as to impress the letters "T.N." and the last two figures of the year in which comparison has been made upon all weights, measures, and balances sealed by him; and he, or his deputies, by his direction, shall correct the standards of the several cities and counties when submitted to him by comparing the same with those in his possession, and shall seal the same when tried and proved to be in conformity with the state standards. [1913; last amended 1923.]

Sec. 593. Same: Testing and calibration at request of individuals; fees.

He shall, further, upon the written request of any person or educational institution of the state, in person or by his deputies, test or calibrate weights, measures, weighing devices, or measuring devices and instruments and apparatus used for standards in the state, and for such testing for citizens, firms, or corporations may collect fees to be fixed by the state superintendent and state sealer. Fees so collected shall be turned over to the state treasurer for the use of the state. [1913; last amended 1923.]

Sec. 594. Same: Testing and sealing at request of state superintendent.

He shall, at the request of the state superintendent, test and seal, when found correct, all measures, weights, balances, weighing devices, or measuring devices for the use of the state superintendent and his deputy or assistant inspectors. [1913; last amended 1923.]

Sec. 595. Same: Rules and regulations.

He shall likewise, in conjunction with the state superintendent, establish rules and regulations for the enforcement of this article [Secs. 585-621] and for the guidance of all city and county sealers, and these regulations shall govern the procedure to be followed by said officials in the discharge of their duties. [1913; last amended 1923.]

Sec. 596. Same: Appointment of deputy.

He may appoint a deputy state sealer, who shall be a member of the faculty of the University of Tennessee, and who shall not receive any addi

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3, Art. XI-Weights and Measures, Sealers-Continued.

tional compensation for his services. [1913; last amended 1923.]

Sec. 597. Same: Report to governor.

He shall likewise annually, during the first two weeks in January, so make for the governor a report of the work done by his office. [1913; last amended 1923.]

Sec. 598. Same: Testing for state institutions.

The state superintendent, or his deputy or inspectors, by his direction, shall at least once annually test all scales, weights, and measures used in checking the receipt or disbursement of supplies in each institution under the direction and ownership of the state, and shall report in writing his findings to the board having such institution under its control or to the executive officer of the institution concerned; and at the written request of such board or officer, the state superintendent shall appoint in writing one or more employees then in actual service of such institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. amended 1923.]

Sec. 599. County sealer: Deputies; appointment.

[1913; last

Any county may establish a department of inspection of weights and measures, and shall have power to appoint a sealer and deputies. Such sealer (and deputies, if provided for) shall be appointed by the county court for a term of five years, and shall be paid a salary to be determined by the county court, said county sealer's salary to be not less than six hundred dollars per annum; and no fee shall be charged by him or by the county for the inspection, testing, or sealing of weights, measures, or weighing or measuring devices. [1913; last amended 1923.]

Sec. 600. Same: Power of inspection.

When not otherwise provided by law, the county sealer shall have the power within his county to inspect, try, and ascertain if they are correct, all weights, scales, beams, measures of every kind, intruments, or mechanical devices for measuring, and tools, appliances, or accessories connected with any and all such instruments or measures kept, offered, or exposed for sale, sold, or used or employed within the county by any person in proving the size, quantities, things, produce, articles for distribution or consumption offered or submitted for sale, hire, or reward. [1913; last amended 1923.]

Sec. 601. Same: Packaged commodities.

He shall have the power to, and shall from time to time weigh or measure, packages or amounts of commodities of any kind kept with intent to sell,

sold, or in the process of delivery, in order to determine whether same contain the amounts represented or are sold in a manner in accordance with law. [1913; last amended 1923.]

Sec. 602. Same: Testing; right of entry.

He shall at least once in each year, and as much oftener as he may deem necessary, see that the weights, measures, and all apparatus used in the county are correct, and may for this purpose and in the general performance of his official duties enter and go into or upon and without formal warrant any place, building, premises, or stop any vendor, peddler, junk dealer, or any dealer what soever, and require him, if necessary, to proceed to some place which the sealer may specify for the purpose of making proper tests. [1913; last amended 1923.]

Sec. 603. Same: Duty to prosecute.

Whenever he finds a violation of any statute relating to weights and measures, he shall cause the violator to be prosecuted. [1913; last amended 1923.]

Sec. 604. Same: Sealing.

Whenever the county sealer compares weights, measures, weighing devices, or measuring devices, and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal or mark such weights, measures, weighing devices, or measuring devices with a seal to be approved by the state superintendent. [1913; last amended 1923.]

Sec. 605. Same: Right to destroy or condemn for repairs faulty apparatus.

He shall condemn and seize and may destroy incorrect weights, measures, weighing devices, or measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet may be repaired he shall mark or tag as "Condemned for Repairs" in a manner prescribed by the state superintendent. [1913; last amended 1923.]

Sec. 606. Same: Duty of owner to repair.

The owners or users of apparatus so condemned shall have same corrected or repaired within ten days, and may neither use nor dispose of same in any manner without permission from the county sealer. Any apparatus which has been "Condemned for Repairs" and has not been repaired as required above shall be confiscated by the sealer. [1913; last amended 1923.]

Sec. 607. Same: Records and reports.

The county sealer shall keep a complete record of all his official acts, and shall make an annual report to the county court and an annual report, duly sworn to, on the first day of December of each year to the state superintendent on blanks to