mark, name, brand, stamp or device, without the authority of the union or association on whose behalf the same is so registered, shall, on conviction, be imprisoned in the state prison not less than one year nor more than three years, or fined not exceeding two thousand dollars and imprisoned in the county jail not exceeding six months.

2292. Counterfeiting private label.-686. Whoever, knowingly or wilfully, forges or counterfeits, or causes, or procures to be forged or counterfeited any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper or label, usually fixed by any mechanic or manufacturer, on, or in the sale of any goods, wares or merchandise, with intent to deceive or defaud the purchaser or manufacturer of any goods, wares or merchandise whatsoever, shall, on conviction, be imprisoned in the county jail not less than ten days nor more than six months, or fined not less than ten dollars nor more than one hundred dollars.

See notes to section 2361, Burns' R. S. 1901.

2293. Engraving counterfeit die for label.-687. Any person who shall knowingly or wilfully cast or engrave, or manufacture, or have in his possession, or buy, sell, or offer for sale, or deal in any die or dies, plate or plates, brand or brands, engraving or engravings on wood, stone, metal, or other substances, molds or any false representations, likeness, copy or colorable imitation of any die, plate, brand or mold of any private trade-mark, label, brand, stamp, wrapper, engraving on paper or other substance, registered and recorde pursuant to law, shall, on conviction, be imprisoned in the state prison not less than one year nor more than two years, or be fined not less than one thousand dollars nor more than two thousand dollars.

2294. Buying or selling counterfeit private label.-688. Any person who shall knowingly and wilfully make, forge or counterfeit, or have in his possession, or buy, sell, offer for sale or deal in any representation, likeness, similitude, copy or colorable imitation of any private label, brand, stamp, wrapper, engraving, mold or trade-mark, registered and recorded pusuant to law, shall, on conviction, be imprisoned in the state prison not less than one year nor more than two years, or be fined not less than one thousand dollars nor more than two thousand dollars. 2295. Corporation selling goods with counterfeit label.-689. It shall be unlawful for any person, firm, corporation or voluntary association doing business in this state to have in his or its possession, or to sell, or offer for sale or trade, any goods, wares, merchandise or other article upon which he or it knows is placed or affixed a false, forged or spurious trade-mark, label, brand, stamp or wrapper in likeness or imitation of some trade-mark, label, brand, stamp or wrapper registered as provided for by law; and any such person, firm, corporation or voluntary association so having in his or its possession, or selling, or offering for sale or trade, any goods, wares or merchandise upon which he or it knows is placed or affixed a false, forged or spurious trade-mark, label, brand, stamp or wrapper in likeness or imitation of some trade-mark.

label, brand, stamp or wrapper registered as aforesaid, shall, on conviction, be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned in the county jail six months, or both.

2296. Possession of counterfeit die, intent to sell.-690. Whoever has in his possession any die, plate, engraving, or printed label, stamp or wrapper, or any representation, likeness, similitude, copy or imitation of the private stamp, wrapper or label usually affixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer on, or in the sale of, any goods, wares or merchandise, with intent to use or sell the said die, plate, engraving or printed stamp, label or wrapper, for the purpose of aiding or assisting in any way whatever in vending any goods, wares or merchandise, in imitation of or intended to resemble and be sold for the goods, wares and merchandise of such mechanic or manufacturer, shall, on conviction, be imprisoned in the county jail not less than ten days nor more than six months, or be fined not less than ten dollars nor more than one hundred dollars.

2297. Possession of apparatus for counterfeiting coins.--691. Whoever knowingly retains in his possession any die, plate or other apparatus made use of in forging or counterfeiting any gold or silver coin, which is or may be current or in circulation within this state, or in forging or counterfeiting bank notes or treasury notes, shall, on conviction, be imprisoned in the state prison not less than two years nor more than five years, and be fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2360, Burns' R. S. 1901.

Who

2298. Vending goods with counterfeit stamps of maker.-692. ever vends any goods, wares or merchandise, having thereon any forged or counterfeited stamp or label, imitating, resembling or purporting to be the stamp or label of any mechanic or manufacturer, knowing the same to be forged or counterfeited, and resembling or purporting to be an imitation of the stamp or label of such mechanic or manufacturer, without disclosing the fact to the purchaser, shall, on conviction, be imprisoned in the county jail not less than ten days nor more than six months, or fined not less than ten dollars nor more than one hundred dollars.

2299. Acknowledgment-Affixing name to blank.-693. If any justice of the peace, notary public or other officer authorized to administer oaths or take acknowledgments, affixes his name to any blank form of affidavit or certificate of acknowledgment of any instrument proper to be acknowledged, and delivers the same so signed to any other person with intent that such blank form shall be afterwards filled up and used as an affidavit or acknowledgment, such justice, notary public or other officer as aforesaid, and such person so filling up or using such affidavit or acknowledgment, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, and be fined not less than ten dollars nor more than one thousand dollars.

2300. Weights and measures-Shortage.-694. Whoever knowingly sells or directs or permits any person in his employ to sell any property, and makes or gives any false or short weight or measure of such property, and any person owning, or having charge of scales, measures or steelyards, for the purpose of weighing or measuring any property, who knowingly reports any false or untrue weight or measure, whereby any person may be defrauded or injured, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars.

See notes to section 2349, Burns' R. S. 1901.

2301. Weights-Coal.-695. Whoever knowingly sells and delivers. any coal except at the weight and measure prescribed by law, shall, on conviction, be fined not less than five dollars nor more than one hundred dollars.

See note to section 2350, Burns' R. S. 1901.

2302. False gas meter.-696. Whoever knowingly constructs, or uses or furnishes to gas consumers to be used, any false meter provided for measuring and registering the quantity of gas consumed by any person under a contract with any gas company, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars.

Persons may be convicted of an offense under the statute regulating the making of gas connections, and the turning on or off of gas, without the consent of the company or person furnishing the gas, without regard to the intent with which the act was committed. State v. Moore, 27 App. 83.

2303. Weights and measures Standard.-697. The avoirdupois weight of beef or pork in each barrel shall be two hundred pounds; and of flour in each barrel, one hundred and ninety-six pounds; of sorghum molasses, eleven pounds to the gallon; of hay or straw, two thousand pounds shall be given and taken for a ton. A bushel of the respective articles hereinafter mentioned shall mean the amount of weight, avoirdupois, in this section specified as follows: Of wheat, sixty pounds; of oats, thirty-two pounds; of buckwheat, fifty pounds; of beans, sixty pounds; of potatoes, sixty pounds; of clover seed, sixty pounds; of hemp seed, forty-four pounds; of blue grass seed, fourteen pounds; of castor beans, forty-six pounds; of dried peaches, thirtythree pounds; of dried apples, twenty-five pounds; of onions, fortyeight pounds; of salt, fifty pounds; of mineral coal, mined within this state, or mined without and sold within this state, eighty pounds; of timothy seed, forty-five pounds; of rye, fifty-six pounds; of barley, forty-eight pounds; of corn meal, fifty pounds; of cranberries, thirtythree pounds; of millet seed, fifty pounds; of orchard grass seed, fourteen pounds; of malt rye, thirty-five pounds; of middlings, fine, forty pounds; of middlings, coarse, thirty pounds; of osage orange, thirtythree pounds; of parsnips, fifty-five pounds; of sweet potatoes, fifty-five pounds; of turnips, fifty-five pounds; of pop-corn, fifty-six pounds:

of shelled corn, fifty-six pounds; of corn in the ear, seventy pounds, until the first of December next after it is grown, and after that date, sixty-eight pounds.

Whoever, when buying or selling by weight, buys or sells any of the articles or commodities enumerated in this section, at a measure differing in weight from the standard of measures therein prescribed and fixed, shall, on conviction, be fined not less than one dollar nor more than twenty-five dollars.

See sections 8732, 8732a, Burns' R. S. 1901, and notes.

2304. Wheat-Inspection-Weight-Grade.-698. It shall be unlawful for any person, commission merchant, miller, dealer, grain inspector, corporation, company, firm or association, either by himself, itself, officer, agent or employe, when purchasing wheat or receiving it in barter or exchange for flour or otherwise, from the owner, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market value of wheat, any measure other than the standard half-bushel measure furnished this state by the United States; and the use of any fractional part of said standard half-bushel measure for such purpose will be a violation of this section. It shall likewise be unlawful to use anything other than a straight stick with the edges square for leveling the wheat in said half-bushel measure, for the purpose of testing the weight, grade, milling or market value of wheat: Provided, That the provisions of this section shall not apply to wheat or grain that is inspected or graded by the car load under the regulations of any board of trade. Any person violating any of the provisions of this section, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not exceeding six months. See sections 8733a-8733c, Burns' R. S. 1901.

[Acts 1905, p. 450. In force April 15, 1905.]

2305. Fruit trees, false representation.-1. That it shall be unlawful for any person, persons, firm or corporation, acting either as principal or agent, to sell to any person, persons, firm or corporation any fruit tree or fruit trees representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold.

2306. Penalty.-2. Any person violating any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars.

2307. Limitation.-3. Prosecutions under this act may be commenced at any time within five years from the time of the delivery of such fruit tree or fruit trees mentioned in section 1.

2308. Canada thistles-Allowing to grow.-627. Any person who shall knowingly allow Canada thistle or thistles to grow and mature, or shall allow any Canada thistle or thistles to grow until they or any of them become of the length of six (6) inches, measuring from the surface of the soil to the end or the tip of the stem above the surface of the ground, upon his, her or their land, or upon any land which they shall occupy or have under their charge and control; and every supervisor of roads or other officer, having charge of or control over highways, who shall knowingly allow any Canada thistle or thistles to grow or mature, or grow to the length of six (6) inches as above defined, in any public highway, street or alley over which such supervisor or officer has supervision; and every section boss, roadmaster or other officer of any railroad having charge of or control over such railroad property, who shall knowingly allow Canada thistle[s] or any Canada thistle to grow and mature, or to grow to the length of six (6) inches as above defined, on any lands held,