Weight

A quality in natural bodies by which they tend towards the centre of the earth. Under the police power, weights and measures may be established and dealers compelled to conform to the fixed standards under a penalty; Cooley, Const. Lim. 749. By the constitution congress has the power ‘‘to fix the standard of weights and measures.” Troy weight is used for weighing gold, silver, and precious stones, except diamonds. Troy weight is also used by apothecaries in compounding medicines; but by them the ounce is divided into eight drains, and the dram into three scruples, so that the latter is equal to twenty grains. For scientific purposes (when the metric system is not employed, as it now usually is), the grain only is used, and sets of freights are used constructed in decimal progression from 10,000 grains downward to one-liundredth 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. § 35-18, was amended by the substitution of the standard troy poufid 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 measures can be delegated to a municipal corporation; Ford v. It, Co., 33 App. Div. 474, 53 N. Y. Supp. 764; Seattle v. Goldsmith, 73 Wash. 54, 131 Pac. 456; it is within the pocoal, 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 la. 054, 96 N. W. 899; so of coal; State v. Eck, 141 N. W. 106, 121 Minn. 202. A state act providing that the state weighmaster 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 unconstitutional, 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. U. A. 843, 74 Am. St. Rep. 484. An ordinance regulating the weight of baker’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 freights or false measures is indictable 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. Bifiie, 91 N. Y. Supp. 737. An ordinance penalizing any person using any weight, etc., not conforming to the standard or which shall he 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 penalty; id. Evidence of short w r eight in a sale by a servant of defendant in his absence warrants a conviction; Corn. v. Sacks, 214 Mass. 72, 100 N. E. 1019, 43 L. It. A. (N. S.) 1, Ann. Cns. 1914 B, 1076; but not a sale by a wholesale dealer of meats in the ordinary package, 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, 1S95, giving to the sealer of weights and measures the custody and control of such standard weights and measures as now are, or as shall hereafter be, provided by the District of Columbia, the English standard which was brought to the colonies and has been recoguized by congressional action is the standard with which they are given the power to enforce conformity; Thompson v. District of Columbia, 21 App. D. C. 395. The only method of testing scales is procounty, etc., with weights and measures compared 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; Mc George v. Walker, 65 Mich. 5, 31 N. W. 601. For French weights, see Measure. In Anglo Norman times weights were usually expressed in pounds, shillings and pence. 2 Studer, Oak Book of Southhampton.

A measure of heaviness or ponderosity; and in a metaphorical sense influence, effectiveness or power to influence judgment or conduct

— Gross Weight. The whole weight of goods and merchandise, including the dust and dross, and also the chest or bag, etc., upon which tare and tret are allowed.

— Weights of auncel. See Auncel Weight.

— Weight of Evidence. The balance or preponderance of evidence; the inclination of the greater amount of credible evidence, offered in a trial, to support one side of the issue rather than the other. The "weight" or "preponderance of proof' is a phrase constantly used, the meaning of which is well understood and easily defined. It indicates clearly to the jury that the party having the burden of proof will be entitled to their verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible evidence sustains the issue which is to be established before them. Haskins v. Haskins, 9 Gray (Mass.) 39$.

1. Heaviness, gravity. "The Congress shall have Power.. To fix the Standard of Weights and Measures." This power has not as yet been fully exercised. The States, in the exercise of the police power, may compel conformity with a fixed standard. The weights in use are the avoirdupois and troy systems." See Inspection, 1; Metric System; Net; Ton. 2. In the figurative sense of ponderance or preponderance, is used of evidence, cases, authorities. See Preponderance.

is a quality in natu- ounce is divided into eight drams, ral bodies, by which they tend to- and the dram into three scruples, so is grain only is used, and sets of weights are constructed in decimal progression, from 10,000 grains downward to one-hundreth ofa grain. The caret used for weighing diamonds, is 33 grains. A short account of the French weights and measures is given under the article Measure.