WEIGHT. A quality in natural bodies by which they tend towards the centre of the earth.
Under the police power, weights and meas ures may be established and dealers compel led to conform to the fixed standards under a penalty ; Cooley, Const. Lim. 749.
By the constitution congress has the pow er "to fix the standard of weights and meas ures." Troy weight is used for weighing gold, sil ver, and precious stones, except diamonds. Troy weight is also used by apothecaries in compounding medicines ; but by them the ounce is divided into eight drams, and the dram into three scruples, so that the latter is equal to twenty grains. For scientific pur poses (when the metric system is not employ ed, as it now usually is), the grain only is used, and sets of weights are used construct ed in decimal progression from 10,000 grains downward to one-hundredth of a grain. The carat used for weighing diamonds is three and one-sixth grains.
See GRAMME.
By act of March 4, 1911, R. S. § 3548, was amended by the substitution of the standard troy pound of the bureau of standards for the standard prescribed by the original section.
See LEGAL TENDER; GOLD.
The legislative power to enact statutes to compel the use of correct weights and meas ures can be delegated to a municipal corpo ration ; Ford v. R. Co., 33 App. Div. 474, 53 N. Y. Supp. 764; Seattle v. Goldsmith, 73 Wash. 54, 131 Pac. 456 ; it is within the po lice power ; id. A city having the statutory ,right to provide for the public weighing of coal, hay and corn, may maintain public scales ; 165 Mo. 671; the exemption of amounts under 500 pounds, or of cases where the parties agreed does not invalidate the act; State v. Eck, 141 N. W. 106, 121 Minn. 202.
A city ordinance requiring grain sold for consumption in the city to be weighed on the city scales is not invalid as an unreasonable restraint of trade ; State v. Smith, 123 Ia. 654, 96 N. W. 899; so of coal ; State v. Eck, 141 N. W. 106, 121 Minn. 202.
A state act providing that the state weigh master in various cities shall have exclusive control of the weighing of grain subject to inspection, and his action and certificates shall be conclusive on all parties, is uncon stitutional, as depriving the shipper of his day in court; Vega S. S. Co. v. Elevator Co., 75 Minn. 308, 77 N. W. 973, 43 L. R. A. 843,
74 Am. St. Rep. 484.
An ordinance regulating the weight of bak er's bread is void as being an unreasonable invasion of the right to engage in a lawful business; Buffalo v. Baking Co., 39 App. Div. 432, 57 N. Y. Supp. 347.
To cheat a man of his money or goods by using false weights or false measures is in dictable at common law ; Com. v. Warren, 6 Mass. 72 ; and it is no defence that the scales got out of order because of the pans getting mixed up after being cleaned; New York v. Billie, 91 N. Y. Supp. 737.
An ordinance penalizing any person using any weight, etc., not conforming to the stand ard or which shall be incorrect, is aimed at the use of such defective weight and not at an intentional alteration of it ; New York v. Hewitt, 91 App. Div. 445, 86 N. Y. Supp. 832. Proof of intent or guilty knowledge is not essential in an action to recover the penal ty ; id.
Evidence of short weight in a sale by a servant of defendant in his absence warrants a conviction ; Cora. v. Sacks, 214 Mass. 72, 100 N. E. 1019, 43 L. IL A. (N. S.) 1, Ann. Cas. 1914B, 1076; but not a sale by a whole sale dealer of meats in the ordinary pack age, packed at the wholesale dealer's plant in another state under federal inspection ; New York v. Sulzberger & Sons Co., 80 Misc. 660, 141 N. Y. S. 876.
Under act of congress of March 2, 1895, giving to the sealer of weights and measures the custody and control of such standard weights and measures as now are, or as shall here !ter be, provided by the District of Co lumbia, the English standard which was brought to the colonie§ and has been recog nized by congressional action is the standard with which they are given the power to en force conformity; Thompson v. District of Columbia, 21 App. D. C. 395.
The only method of testing scales is pro vided by act of congress, supplemented by How. St., which provides for supplying each county, etc., with weights and measures com pared with the standards in the office of the state treasurer ; and it is improper to permit any comparison of scales or weights except by reference to this standard ; McGeorge v. Walker, 65 Mich. 5, 31 N. W. 601.
For French weights, see MEASURE.
In. Anglo Norman times weights were usu ally expressed in pounds, shillings and pence. 2 Studer, Oak Book of Southhampton.