Section 293.430

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 293

Effective - 28 Aug 1959, 2 histories   

  293.430.  State inspectors to check scales — refusal to allow test and fraudulent weighing, penalties. — 1.  The division of mine inspection is the inspector of weights and measures at all coal mines in this state, and all inspectors thereof are authorized, empowered and directed to conduct frequent inspections of all scales, measuring instruments, cars, and containers, and to determine their condition, accuracy, correct branding, weight, use and operation, to assure the proper use thereof and the competency of any person authorized to use them.

  2.  If the owner, agent or operator of any coal mine in this state shall refuse to allow such inspector to properly test the scales used at such mine or mines, or shall fail or refuse to put such scales in proper adjustment and condition, so that the same shall correctly weigh the coal mined after being notified by said inspector so to do, such owner, agent or operator shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding five hundred dollars, or be confined in the county jail not exceeding six months, or both, in the discretion of the court, and it shall be the duty of the prosecuting attorneys in the respective counties to prosecute any person, firm or corporation violating the provisions of this section the same as in other misdemeanor cases.

  3.  Any owner, agent, operator, person, or persons having or using any scales or scale for the purpose of weighing the product of the coal miners' labor, who so arranges or constructs said scale or scales, or by any contrivance therewith connected causes the fraudulent weighing of such coal or said product, or who shall knowingly resort to, permit or employ any person or means whatsoever, by reason of which said product of the mine is not correctly weighed and reported in accordance with the true weight and the provisions of section 293.420 and this section, shall be deemed guilty of a misdemeanor, and shall, upon conviction for each and every offense, be punished by a fine of not less than two hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment; proceedings to be instituted in any court of competent jurisdiction.

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(L. 1959 S.B. 188 § 47)