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five pounds; of clover seed, sixty pounds; of pease, sixty pounds; of rough rice, forty-four pounds; of buckwheat, fifty pounds; of corn in ear, seventy pounds; of cotton, sea island, forty-four pounds; of soy beans, pease, lupines, lentils, vetches, lucerne, sixty pounds; of japan clover in hulls, twenty-five pounds; of burr clover, in hulls, eight pounds; of castor beans, forty-six pounds; of sunflower seed, twenty-four pounds; of broom corn, forty-six pounds; of hemp seed, forty-four pounds; of rape seed, fifty pounds; of mustard seed, fiftyeight pounds; of teosinte, fifty-nine pounds; of sorghum, kaffir corn and millets, fifty pounds; of Johnson grass seed, twenty-five pounds; of orchard grass seed, red top grass seed, bluegrass seed, seed of the brome grasses, tall meadow seed, oatgrass seed, seed of all the fescue grasses except the tall and meadow fescue, fourteen pounds; of tall fescue and meadow fescue grass seed, twenty-four pounds; timothy grass, forty-five pounds; chestnuts, walnuts and hickory-nuts free from hull, fifty pounds; apple seed, forty pounds; of peanuts, twentytwo pounds; of cotton seed, thirty pounds; but this section shall not be construed to prevent the purchase and sale by measure. If any person shall take any greater weight for one bushel of the several articles than is herein mentioned, he shall forfeit and pay the sum of twenty dollars for each separate case to any person who may sue for the same.

Code, ss. 3849, 3850; 1885, c. 26; 1905, c. 126.

3067. Penalty for using, untested. If any person, after demand by the standard-keeper for permission to examine and adjust the same, shall buy, sell, or barter by any weight or measure which shall not be tried by the standard, and sealed or stamped as aforesaid, he shall, for every such offense, forfeit and pay forty dollars; and if any person shall sell and deliver by less measure than the standard, he shall forfeit and pay for each offense forty dollars to the person suing therefor.

Code, s. 3842; 1893, c. 100.

II. STATE KEEPER.

3068. Appointed by governor; keeper of capitol, when. The governor is authorized to appoint a suitable person to take care of the balances, weights and measures, and perform the duties relating to weights and measures heretofore imposed on the governor, and such other duties as the governor may prescribe, touching said balances and weights and measures; and he shall take from such person a bond with surety, to be approved by the governor, in the penal sum of five hundred dollars for the safe-keeping of said weights and measures, and for the performance of all his duties. And in case

the governor fails to appoint, or the person appointed fails to qualify or discharge said duties, the keeper of the capitol shall be ex officio the keeper of weights and measures, and discharge the duties and receive the compensation provided.

Code, s. 3844; 1866-7, res., p. 228; 1881, c. 199, s. 3.

3069. Duties of. It shall be the duty of the keeper of weights and measures, under the direction of the governor, to procure and furnish, at prime cost, to any of the counties, upon an order of the board of county commissioners, any of the standard sealed weights and measures required by law to be kept, and he is hereby authorized, by and with the approval of the governor, to contract for the manufacture of plain sealed weights substantially made of iron, steel or brass, as the county ordering may direct; yardstick made of substantial wood, each end neatly covered with metal, sealed, marked and stamped "N. C.;" half bushel, peck, half peck, quarter peck, and one-eighth peck, made of substantial, well-seasoned wood, with secure metallic binding and casing; gallon, half gallon, quart, pint, half pint, and gill measure, made of light sheet copper with iron handles. He shall procure and furnish as herein provided to the board of commissioners of any county ordering the same, dry and liquid sealed measures and yardstick made of brass or copper.

Code, s. 3839; 1881, c. 199, s. 2.

3070. Must supply counties at their cost. It shall be the duty of the state standard-keeper to supply to each county, which shall call for the same, such standard weights as the standard-keeper of such county shall demand, duly sealed, such county paying to the state treasurer the actual cost of such weights, upon the certificate of the state standard-keeper.

Code, s. 3846; 1866-7, c. 126, s. 1.

3071. Record kept by. It shall be the duty of the state standardkeeper to keep a book, in which he shall keep an accurate account of all the weights and measures by him delivered, and the expenses incurred by him in the purchase of such weights and measures, subject to the inspection of the state treasurer and the general assembly.

Code, s. 3847; 1866-7, c. 126, s. 2.

III. COUNTY KEEPER.

3072. Appointed by commissioners; tenure; oaths. The weights and measures, stamps and brands thus provided, shall be kept at the courthouse of the respective counties by a standard-keeper, to be elected by the board of commissioners for the term of two years;

and the person thus elected shall, before the board of county commissioners, take the oaths required for public officers and also an oath of office. But the standard-keeper may remove the weights and measures, stamps and brands from the courthouse, not to exceed sixty days in any one year, for the purpose of testing weights and measures throughout the county. This section shall not apply to. the counties of Beaufort, Bertie, Bladen, Currituck, Gaston, Halifax, Lincoln, Montgomery, Moore, Northampton, Rutherford, Warren and Yancey, and in these counties the office of standard-keeper is abolished.

Code, s. 3840; 1889, cc. 404, 513; 1891, c. 416; 1893, c. 207; 1901, c. 55; 1903, cc. 209, 595; R. C., c. 117, s. 4; 1741, c. 32, s. 3; 1816, c. 901, s. 2; 1827, c. 22, s. 3; 1883, c. 393; 1905, cc. 175, 302, 401, 808.

Note. For bond of, see Bonds.

3073. May test every two years; penalty; exception. Every person using weights and measures and steelyards, embracing balances and other instruments used in weighing, shall allow and permit the standard-keeper of the county to try, examine and adjust by the standard at least once every two years all the said weights, measures, steelyards, embracing balances and other instruments used in weighing; and every trader or dealer by profession, and every miller, at least once in every two years thereafter, shall permit their weights, measures, steelyards, balances and other instruments used in weighing, to be examined and adjusted by the standard-keeper of the county in which such weights and measures are used, and the standard-keeper, when practicable, shall mark, by stamp or brand, the weights, measures, steelyards, balances and other instruments used in weighing found or made to agree with the standard, and shall give a certificate of such examination and adjustment, stating the weights, measures, steelyards, balances and other instruments used in weighing by him examined and adjusted; and every person using, buying or selling by weights and measures, who shall neglect to comply with the requisites of this section, shall forfeit fifty dollars, to be recovered at the instance of the standard-keeper, one-half to his use and the other half to the use of the county wherein the offense is committed. But in the counties of Camden and Currituck no such person shall be required to permit such examination and adjustment oftener than once in four years. This section shall not apply to the counties of Beaufort, Bertie, Bladen, Currituck, Gaston, Halifax, Lincoln, Montgomery, Moore, Northampton, Rutherford, Warren and Yancey, and in these counties the office of standard-keeper is abolished. In Wilson county whenever any person has had his weights and measures tried by the standard and sealed or stamped as aforesaid, he shall not be required to have them tried by the standard again unless some

responsible person in the county of Wilson shall make oath, and file the same with the standard-keeper of said county, that he has reason to believe that said weights or measures are not properly adjusted. That notice shall be given the owner of said weights or measures that complaint has been made under oath as aforesaid, and then the .owner of said weights and measures shall have his weights and measures tried, as herein provided, and for failure shall then be subject to the penalties mentioned in section three thousand and sixty-seven.

Code, s. 3841; 1889, c. 404; 1891, c. 416; 1893, cc. 100, 207; 1901, c. 55; 1903, cc. 209, 595, 623; R. C., c. 117, s. 5; 1741, c. 32, ss. 4, 5; 1818, c. 965; 1823, c. 1226; 1866-7, c. 126, s. 3; 1905, cc. 175, 302, 378, 401, 808.

3074. Destroys weights and measures, when. In every instance where the standard-keeper shall have before him for adjustment, or shall find in the possession of any person, intending to use the same, any weight or measure that can not be adjusted so as to meet the requirements of the law, it shall be the duty of the standard-keeper to destroy the same.

Code, s. 3848; 1866-7, c. 126, s. 4.

IV. SURVEYORS.

3075. What is a surveyor's chain; tested. The standard measure for a surveyor's chain shall be twenty-two standard yards, a standard half or two-pole chain shall be eleven standard yards, a standard quarter or one-pole chain shall be five and one-half standard yards; but every person using a surveyor's chain, half chain or quarter chain for measuring land shall every two years test the same in the manner hereinafter provided.

1889, c. 409; 1899, c. 665.

3076. Magnetic instruments and chains tested. Every surveyor operating in any of the counties of this state with magnetic instruments, whether in a public or private capacity, shall, between the first day of January and thirty-first day of December in each and every year, carefully test his needle upon the official meridian monuments in the county in which he resides or the nearest county in which such monuments have been erected, by adjusting his instrument over the intersection of the lines cut into the top of one of the meridian monuments so established and sighting to the intersection of the lines cut into the top of the other meridian monument, noting the variation of the magnetic from the true meridian and the direction thereof, and shall test the chain or other instrument of linear measure upon the distance from centre to centre as indicated by intersecting lines of the two beams, tablets or other officia! monu

ments set at or near the county courthouse for this purpose, noting the error of such instrument as compared with the standard of the monuments. On every official record of a survey of lands made after the first day of July, nineteen hundred and one, in any county in which meridian monuments have been erected, there shall be entered by the surveyor making such survey a record as to the date of testing the magnetic instrument used, and the amount of the declination or variation of the magnetic needle indicated at such

test.

1899, c. 665, s. 1; 1901, c. 642.

3077. Instruments tested in another county. Before making surveys in any county other than the one in which the magnetic instruments and instruments for linear measure to be used have already been tested, said surveyor shall procure in writing from the register of deeds of the county in which said monuments have been established, nearest to the point where the survey is to be made, a statement giving the declination of the magnetic needle for the year in which it was last determined, and the rate and direction of the variation of said magnetic needle since that time, and this data shall be recorded as a part of the record of his survey. But no surveyor shall be required to go outside of the county in which he resides for the purpose of testing the instruments herein named. 1899, c. 665, s. 1.

3078. Tests returned to register of deeds; registered. Such tests and the correction, if any, resulting therefrom shall be returned by the surveyor in writing and under oath to the register of deeds for the county in which such meridian is situate within ten days from the taking of the observations, setting forth the name of the surveyor, his residence, the character of the instrument tested, the date of the observations, the declination east or west of the magnetic needle from the true meridian, together with a fee of ten cents for filing and registering the same; and such return shall be filed and registered by the register of deeds in a book properly ruled and lettered, to be furnished by the board of commissioners of the county, to be used for such purpose exclusively and entitled "The Meridian Record."

1899, c. 665, s. 1.

3079. Meridian monuments protected by county commissioners. It shall be the duty of the board of county commissioners to maintain and protect the meridian monuments and tablets or monuments for the testing of chains or other instruments of linear measure established by the state, or national surveys co-operating with the

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