293.430. State inspectors to check scales--refusal to allow test and fraudulent weighing, penalties. - Missouri Statutes

State inspectors to check scales--refusal to allow test andfraudulent weighing, penalties.

293.430. 1. The division of mine inspection is theinspector of weights and measures at all coal mines in thisstate, and all inspectors thereof are authorized, empowered anddirected to conduct frequent inspections of all scales, measuringinstruments, cars, and containers, and to determine theircondition, accuracy, correct branding, weight, use and operation,to assure the proper use thereof and the competency of any personauthorized to use them.

2. If the owner, agent or operator of any coal mine in thisstate shall refuse to allow such inspector to properly test thescales used at such mine or mines, or shall fail or refuse to putsuch scales in proper adjustment and condition, so that the sameshall correctly weigh the coal mined after being notified by saidinspector so to do, such owner, agent or operator shall be deemedguilty of a misdemeanor, and upon conviction thereof, shall befined not exceeding five hundred dollars, or be confined in thecounty jail not exceeding six months, or both, in the discretionof the court, and it shall be the duty of the prosecutingattorneys in the respective counties to prosecute any person,firm or corporation violating the provisions of this section thesame as in other misdemeanor cases.

3. Any owner, agent, operator, person, or persons having orusing any scales or scale for the purpose of weighing the productof the coal miners' labor, who so arranges or constructs saidscale or scales, or by any contrivance therewith connected causesthe fraudulent weighing of such coal or said product, or whoshall knowingly resort to, permit or employ any person or meanswhatsoever, by reason of which said product of the mine is notcorrectly weighed and reported in accordance with the true weightand the provisions of section 293.420 and this section, shall bedeemed guilty of a misdemeanor, and shall, upon conviction foreach and every offense, be punished by a fine of not less thantwo hundred dollars, nor more than five hundred dollars, or byimprisonment in the county jail for a period not to exceed ninetydays, or by both such fine and imprisonment; proceedings to beinstituted in any court of competent jurisdiction.

(L. 1959 S.B. 188 § 47)