.7863-7875 .1260-1263 .6421-6425 WATERS, WATERCOURSES, RIVERS, STREAMS, BOOMS, ETC. 2435. Notice of receipt of weights and measures. 2436. Seal of weights and measures. 2437. Penalty for selling by false weights and measures. 2438. Standard balances, by whom kept. 2439. Weights of certain commodities. 2429. (4230) (1217) (1460) (1198) (948) Must conform to standard established by congress.-There is but one standard of measure of length and surface, one of weight, and one of capacity, throughout this state, which must be in conformity with the standard of measure of length, surface, weight, and capacity established by congress. Original act passed Feb. 4, 1807.-Toulmin's Digest, pp. 878 et seq. (Aikin's Digest, pp. 445-448; Clay's Digest, p. 596.) 2430. (4231) (1218) (1461) (1199) (949) Contracts construed in reference to.-All contracts, made within this state for any work to be done, or for anything to be sold and delivered, must be construed to have been made according to the standard of weight and measure thus ascertained, unless the parties stipulate to the contrary. 2431. (4232) (1219) (1462) (1200) (950) Standard furnished counties by secretary of state.-Any county which has not been furnished with weights and measures, consisting of one weight of fifty pounds, one of twenty-five pounds, one of fourteen pounds, one of seven pounds, two of four pounds, two of two pounds, and two of one pound, avoirdupois; one measure of one yard, and one of one foot, cloth measure; one meas ure of half a bushel, one of one peck, and one of one-half peck, dry measure; one measure of one gallon, one of a half gallon, one of a quart, one of one pint, one of one-half pint, and one of one gill, wine measure, in conformity with such standard, must be supplied therewith by the secretary of state as early as practicable. 2432. (4233) (1220) (1463) When furnished in case of destruction. If the weights and measures of any county are destroyed, without the fault of any official who by law had charge of the same, the secretary of state shall, upon the requisition of the probate judge, furnish weights and measures to such county. 2433. (4234) (1221) (1464) New counties.-New counties must be furnished with weights and measures. 2434. (4235) (1222) (1465) (1201) (951) Expense of obtaining, etc.; how defrayed.-For the expense of obtaining such weights and measures, and furnishing the same to counties, the auditor must, on the account being certified by the secretary of state, draw his warrant on the state treasury. 2435. (4236) (1223) (1466) (1202) (952) Notice of receipt of weights and measures.-The judge of probate of each county, when furnished with such weights and measures, must, within three weeks thereafter, give notice thereof by advertisement at the courthouse door, and at five other public places in the county. 2436. (4237) (1224) (1467) (1203) (953) Seal of weights and measures.-Such judges must try all weights and measures presented to them by such standards, and if found to agree with the same, must seal them with a seal to be provided at the expense of the county. 2437. (4238) (1225) (1468) (1205) (955) Penalty for selling by false weights and measures.-Three months after the notice prescribed in this chapter has been given, every person selling any commodity, by weight or measure, which does not correspond with such standard, forfeits the sum of ten dollars to any person suing for the same. 2438. (4239) (1226) (1469) (1206) Standard balances, by whom kept.—The set of balances intended for the adjustment of weights and measures, furnished to this state by act of congress, must be kept by the secretary of state. 2439. (4240) (1227) Weights of certain commodities.—The legal weights per bushel of the following commodities shall be as follows: Cottonseed, thirty-two pounds; wheat, sixty pounds; shelled corn, fifty-six pounds; corn in the ear, seventy pounds; corn in the shuck, seventy-five pounds; peas, sixty pounds; rye, fifty-six pounds; oats, thirty-two pounds; barley, forty-seven pounds; Irish potatoes, sixty pounds; sweet potatoes, fifty-five pounds; beans, sixty pounds; dried peaches, unpeeled, thirty-three pounds; dried peaches, peeled, thirtyeight pounds; dried apples, twenty-four pounds; turnips, fiftyfive pounds; bolted meal, forty-six pounds; unbolted meal, forty-eight pounds. Courts cannot take judicial notice of the rule for measuring corn in the shuck.-S. & N. A. R. Co. v. Wood, 74 Ala. 449. WITNESSES; COMPETENCY; EXAMINATION OF (Civil Code)..4007-4018 |