CHAPTER 4. COAL DELIVERY TICKETS
IC 24-4-4
Chapter 4. Coal Delivery Tickets
IC 24-4-4-1
Sale of coal and coke; duplicate ticket; contents
Sec. 1. It shall be unlawful for any person, firm, limited liabilitycompany, or corporation, by himself or itself, or by his or its servantsor as the servant or agent of another, to sell or offer for sale ordelivery at retail any coal or coke which is sold by weight, unlesseach such delivery is accompanied by a delivery ticket and aduplicate thereof, upon each of which tickets and duplicates thereofshall be written or otherwise indicated:
(a) the name and address of the person, firm, limited liabilitycompany, corporation, or association selling and delivering orattempting to sell or deliver such commodity;
(b) the gross weight of the load, the tare weight of thedelivering vehicle, and the net amount in weight of thecommodity being delivered in such vehicle;
(c) the name or identifying initials of the party who weighed it;
(d) the state in which the coal was mined, the name of the coal,brand or trade name, if any;
(e) the number of the vein or seam from which the coal wastaken; and
(f) the size and grade thereof, which size of all grades must bedesignated according to the openings in the screens over andthrough which each such size of coal is made at the place ofproduction.
One (1) of such delivery tickets or the duplicate thereof shall bedelivered and surrendered to the person or persons in charge of thedelivery of such load of commodities to the purchaser thereof or tohis agent or representative, and the other ticket or duplicate shall beretained by the person, firm, limited liability company, orcorporation making such sale for a period of not less than twelve (12)months from date of sale. All coal or coke so sold or delivered shallconsist of the kind, quality, and weight in all respects as describedand indicated in such delivery ticket and duplicate thereof, and itshall constitute a violation of this chapter to sell or deliver orsubstitute any other kind and quality or weight of coal or coke thanthat so described and indicated, and proof of the sale, delivery, orsubstitution of any coal or coke which is not of the kind, quality, andweight so described and indicated shall constitute prima facieevidence and proof of intent to violate this section.
(Formerly: Acts 1931, c.177, s.1; Acts 1935, c.278, s.1.) As amendedby P.L.152-1986, SEC.52; P.L.8-1993, SEC.347.
IC 24-4-4-2
Coal in carload lots; invoice; contents
Sec. 2. Every person, firm, limited liability company, orcorporation who produces, ships or sells coal in car-load lots in thisstate shall transmit an invoice for each shipment of coal which shall
indicate plainly thereon the state in which the coal was mined, thename of the coal or the number of the vein or seam from which thecoal was taken, and the size and grade thereof, which size of allgrades must be designated according to the opening in the screensover and through which each such size of coal is made at the placeof production.
(Formerly: Acts 1931, c.177, s.2; Acts 1935, c.278, s.2.) As amendedby P.L.8-1993, SEC.348.
IC 24-4-4-3
Sign on delivery vehicle
Sec. 3. Upon both sides of delivery vehicles shall be displayed asign with letters not less than three (3) inches in height showingname of person, firm, limited liability company, or corporationdelivering or attempting to deliver commodities as prescribed insection 1 of this chapter.
(Formerly: Acts 1931, c.177, s.3.) As amended by P.L.152-1986,SEC.53; P.L.8-1993, SEC.349.
IC 24-4-4-4
Division of weights and measures; delivery tickets
Sec. 4. Upon the demand of the division of weights and measures,a deputy of the division inspector, or any peace officer, the person orpersons in charge of any such load of commodities shall deliver tosuch officer all delivery tickets in the person's possession, and shallproceed, at the direction of the officer to a suitable tested scale forthe purpose of reweighing such load of commodities to verify thecorrectness of the delivery ticket.
(Formerly: Acts 1931, c.177, s.4; Acts 1935, c.278, s.3.) As amendedby P.L.2-1992, SEC.748.
IC 24-4-4-5
Violations
Sec. 5. A person who recklessly violates this chapter commits aClass B misdemeanor.
(Formerly: Acts 1931, c.177, s.5; Acts 1935, c.278, s.4.) As amendedby Acts 1978, P.L.2, SEC.2412.
IC 24-4-4-6
Regulation by ordinance
Sec. 6. Nothing in this chapter shall prohibit any city fromregulating by ordinance the retail or wholesale delivery of coal.
(Formerly: Acts 1931, c.177, s.6.) As amended by P.L.152-1986,SEC.54.
IC 24-4-4-7
Advertising coal and coke
Sec. 7. It shall be unlawful for any person, firm, limited liabilitycompany, or corporation, by himself or itself, or by his or its agentor servant, or as agent or servant of another, to advertise by any false
statement, either oral or written, or to publish or display any falsesign, printing, or writing concerning the grade, size, quality, vein orseam, brand or trade name, name of mine in which produced, ororigin of such coal or coke sold or delivered, or offered by him, it, orthem for sale or delivery. For the purpose of this chapter, the term"size" where used in reference to coal shall be construed to mean thevarious grades into which coal is screened, namely, lump, block, egg,nut, and screenings, and the size of all such grades of coal must bedesignated according to the openings in the screens over and throughwhich each such size of coal is made at the place of production.Abbreviations or words, terms, or phrases describing the size,preparation, or origin of coal or coke shall not be included in anyadvertisement as mentioned in this chapter. Any person, firm, limitedliability company, or corporation violating any of the provisions ofthis section shall be subject to the provisions of section 5 of thischapter.
(Formerly: Acts 1931, c.177, s.7; Acts 1933, c.265, s.1; Acts 1935,c.278, s.5.) As amended by P.L.152-1986, SEC.55; P.L.8-1993,SEC.350.