SEC. 77-9-323. Railroads shall weigh cottonseed.

Every railroad in this state transporting cottonseed in carload lots shall weigh each carload of cottonseed so transported by it on demand either of the consignor or consignee unless the same has been weighed by a connecting carrier, and every such railroad shall furnish to the consignor or the consignee of the said cottonseed, or both of them, upon demand, a true statement of the weight of each car of seed shipped by or to such consignor or consignee. For failure to weigh such cottonseed or to furnish a statement as to the weight of such car of cottonseed, the said railroad company shall forfeit to the consignor or consignee, or both, the sum of one hundred and twenty-five dollars to be recovered by suit at the instance of the party to whom such information is refused. However, in the event any carload of cottonseed is shipped or transported over more than one railroad the same need not be weighed except by one of said carriers, and the initial carrier shall weigh the same or be responsible for the failure of the connecting carrier or carriers to weigh said car. If the railroad has no scales available at destination of shipment or in transit and the oil mill should refuse the railroad permission to test-weigh on its scales, then and in such event the penalty herein provided shall not be imposed.

In case the common carrier cannot conveniently weigh on its scales, weighing may be done by any bonded weigher, not in the employ of any oil mill, or by an agent of said common carrier on the mill scales. Said bonded weigher or agent of common carrier shall supply the consignor or consignee with correct weights upon demand of either or both. Charges for all weighing shall be as now or hereafter adopted by the public service commission.

SOURCES: Codes, 1930, Secs. 7110, 7111; 1942, Secs. 7885, 7886; Laws, 1928, ch. 167.

1997 Amendment:

Repealed.

SOURCE: 1997 Laws, Chapter 460, Sec. 16, SB2997, Effective July 1, 1997.