SECT. 27. The several inspectors of pickled and smoked fish in CHAP. 54. this state shall, on or before the first Wednesday of January, annu- Annual returns. ally, make a return, under oath, into the office of the secretary of 1833, 75. 1839, 364, § 3. state, of all fish by them inspected for the year preceding; designating, therein, the number of boxes, or barrels or other casks, and also the various sorts, together with the place of inspection. neglect thereof. 1833, 75. SECT. 28. Any such inspector, who shall neglect to make his Forfeiture for return, as aforesaid, shall forfeit a sum, not less than thirty, nor more than one hundred dollars, for every offence, to be recovered in an action of debt; one half to the state, and the other half to. the person who may sue for the same. penalties. SECT. 29. All penalties and forfeitures, accruing by virtue of Recovery of this chapter, not otherwise herein appropriated, shall be recovered 1821, 150, § 15. in an action of debt; one half to the use of the person, who shall sue therefor, and the other half to the use of the town or plantation, where the offence shall have been committed. SECT. 30. The inspector's fees shall, in the first instance, be Fees, how paid. paid by the owner of the fish; but such owner shall be entitled to 1821, 150, 16. recover the amount thereof, from the party purchasing or receiving the same, under the marks and brands aforesaid, in addition to the price thereof. SECT. 31. All inspectors now in office shall remain therein, Inspectors conunder the tenure of their respective appointments, notwithstanding tinued in office. any thing in this chapter expressed. SECTION 1. The inspector of nails, now in office, shall con- Inspector to tinue therein, according to the tenor of his appointment. SECT. 2. When a vacancy in the office shall occur, the governor with advice of the council, shall appoint a suitable person to supply the vacancy. SECT. 3. continue in office. 1821, 157, § 1. Vacancy to be filled by the governor. Every inspector, so appointed, shall give bond to the 1821, 157, § 1. state, with sufficient sureties, in such sum as the governor and coun Inspector's bond and oath. cil direct, for the faithful discharge of the duties of his office; and 1821, 157, § 2. he shall also, before entering on such duties, be duly sworn. СНАР. 55. SECT. 4. He may appoint one or more deputies in any town, where they may be necessary, and each deputy, so appointed, shall 1821, 157, § 2. give bond to the state; and be duly sworn, in the same manner as Deputies. Duties. the inspector. SECT. 5. It shall be the duty of the inspector and each of his 1821, 157, § 1. deputies, to examine every cask of wrought nails, which he shall be requested to inspect, by opening the same, turning out the nails contained therein, weighing them, and ascertaining the number of them, necessary to make a pound, their quality, both as to the iron .and workmanship; and [he] shall mark or brand, on the head of such cask, the number thereof, the whole weight of the cask and nails, the weight of the cask only, or the tare; the number of nails necessary to make a pound, and also the quality thereof, viz: first sort, second sort, and third sort, or refuse; and shall then stamp his name at large and the title of his office. Rules for marking nail casks. SECT. 6. He shall not be obliged to mark or brand the head of 1821, 157, § 3. any cask containing nails, thirty five of which shall weigh more than one pound, with the exact number of nails, to a pound; but, beginning at thirty five, he shall observe five as the progressive number, in the number of nails, necessary to weigh a pound, in any cask, which he shall inspect; always choosing and marking such progressive number, to which the number of nails, in a pound, nearest approaches. Certificate. SECT. 7. Each inspector shall give a certificate, expressing the 1821, 157, § 4. number of the cask, the whole weight, weight of tare, and number of nails in a pound, with the quality of the nails. Wrought nails, how sold. 1821, 157, § 4. Description of No nails to be exported, uninspected. SECT. 8. All wrought nails shall be sold by the pound, or by real thousands; delivering and receiving so many pounds for a thousand, as will produce ten net hundreds. All nail casks shall be made of sound timber. SECT. 9. The inspector shall see, that all casks be well made, strong, and lined at both heads; each cask to have eight or more good hoops, and to contain no more than three hundred and fifty pounds of nails; bad casks shall be condemned, and deficient hoops he shall supply, at the expense of the person applying for inspec tion. SECT. 10. No person shall export from this state by land, or water, any cask or package, or quantity of nails, not inspected and 1821, 157, § 6. branded, as aforesaid, on pain of forfeiting the value thereof; and any master of a vessel, who shall receive such, on board for exportation, shall be liable to the like penalty. Penalty for violation. 1821, 157, § 7. SECT. 11. Any package or cask of wrought nails, made in this, or any other of the United States, which shall be brought into this state for sale, and put on board any vessel, or carriage, for conveyance from this state, or offered for sale, without first being inspected and branded, as before mentioned, shall be forfeited, and may be seized, libeled and condemned, as the law in such cases prescribes. SECT. 12. If any inspector, on request, shall unnecessarily or spector's delay. unreasonably delay to make inspection of any casks of nails, he shall forfeit for each offence, the sum of four dollars. Penalty for in 1821, 157, § 8. Penalty for counterfeiting brands. 1821, 157, § 9. SECT. 13. If any person shall counterfeit any inspector's brand, or, with such brand, mark any cask of nails, or put into any cask, duly branded, nails, which have not been duly inspected, with CHAP. 55. intent to export them, as aforesaid, he shall forfeit twenty dollars for each cask. and brads shall SECT. 14. Cut nails and brads shall be packed in strong and How cut nails seasoned casks, and well hooped, no cask containing more than be packed. three hundred pounds net, free from waste pieces of iron (unless 1821, 157, § 10. refuse nails.) or fraudulent mixture, increasing the weight. The maker, who shall also be owner of such nails, shall brand the initial of his christian name, and his surname at large, on the side of the cask; also the town where the manufacturer resides, and the true · weight of the tare of said cask, under the name of the town. or brads, offer- SECT. 15. If any cask, package or quantity of cut nails or Penalty for unbrads, not inspected, as required, and branded, shall be offered for inspected nails, sale, or put on board any vessel or carriage, to be transported from the state, it shall be forfeited, and may be seized and disposed of, in the manner mentioned in the eleventh section; and the owner shall forfeit and pay one dollar for each pound of tare, more than is marked on the cask, and for every pound of scraps or waste, mixed with the nails or brads. SECT. 16. If any person shall counterfeit any brand, used for marking, or destroy marks made by another person's brand, on any cask of cut nails or brads, and make a new mark by such counterfeit brand, or shift any cut nails or brads from one branded cask to another, he shall forfeit twenty dollars. For counterfeit 1821, 157, § 12. ing brands. portation. SECT. 17. If any master or owner of any vessel, or other per- For illegally reson, shall receive on board such vessel or carriage, any quantity of ceiving for excut nails or brads intended for transportation from the state, not being legally branded and marked, he shall forfeit a sum equal to their value. 1821, 157, § 13. SECT. 18. All penalties mentioned in this chapter, when recov- Appropriation of penalties. ered, shall belong, one half to the town, where the offence was 1821, 157, § 14. committed, and the other half to him who shall sue, and recover the same. turns to the in spector. SECT. 19. Every deputy inspector shall, once in three months, Deputies' reand oftener if required, make returns to the inspector, of the number of casks of nails, by him inspected, with the quantity of nails 1821, 157, § 14. of each kind. of the inspec SECT. 20. The inspector shall annually, on or before the first Annual returns day of January, and oftener if required, make return, to the secre- tor. tary of state, of the number of casks, and weight of wrought and 1821, 157, § 14. cut nails, specifying the different quantities of each, by him and his deputies inspected, during the preceding year. CHAP. 56. Inspectors of tobacco to re main in office. 1821, 154, § 1. CHAPTER 56. OF TOBACCO AND ONIONS. SECT. 1. Inspectors of tobacco, to remain SECT. 11. For branding by one, not an in SECTION 1. All inspectors of tobacco, now in office, shall continue therein, according to the terms of their appointment. SECT. 2. Whenever a vacancy shall occur in the office of any Vacancies to be inspector, in any seaport, or other exporting towns in the state, the filled by gover- governor, with advice of the council, shall appoint some skilful and disinterested person to supply the vacancy, who shall be duly sworn, impartially to perform the duties of his office. nor. 1821, 154, § 1. Inspector's duties. 1821, 154, § 1. Same subject. SECT. 3. It shall be his duty to inspect all tobacco, intended to be exported from the state, by land or water, to any other of the United States; he shall open every cask containing the tobacco, and inspect it in four equal divisions, and shall take the casks from the tobacco, and with an iron bar or other sufficient instrument, lift one quarter, and then go through with the whole, until it shall be examined in four different parts, and see that it be properly dry, well cured, and not rotten or damaged, and of the weight, and packed in the manner, hereinafter mentioned. SECT. 4. Such part, as appears damaged and unfit for exporta1821, 154, 1. tion, shall be burned; and on every cask containing the required quantity, which, on inspection, shall be found to be well cured and not damaged, he shall mark with a burning iron the letters A P., with the name of the town where it shall be thus approved, the name of the inspector at large, and the letter I. at the end, denoting that the same has been inspected and approved. Mode of packing tobacco. 1821, 154, § 2. Casks to be weighed and marked. 1821, 154, § 7. Forfeiture for SECT. 5. No tobacco shall be exported from this state, until it has been inspected and approved, as aforesaid, and packed in straight casks; each cask being four feet and four inches long, and two feet seven inches diameter at the head, containing not less than nine hundred, nor more than fourteen hundred pounds weight each; or if packed in half casks, each to contain not less than four hundred, nor more than six hundred pounds weight, unless such casks of tobacco shall appear to have been inspected and marked, according to the laws of some other state. SECT. 6. Each cask, before any tobacco shall be packed therein, shall be weighed by the owner of the tobacco, who shall mark on one of the heads, with a marking iron, the full weight of it, and the initial letters of his name. SECT. 7. If any owner of tobacco or his agent shall lade on shipping before board any vessel, bound to any port or place without the state, or inspection. 1821, 154, § 3. any if any master of any such vessel shall receive, on board of her, tobacco, contrary to the provisions of this chapter, he shall forfeit and pay the sum of thirty dollars; and all such tobacco, so laden or received, shall be forfeited. CHAP. 56. SECT. 8. Any justice, on complaint to him, may issue his war- Seizure. rant to the sheriff or his deputy, or a constable, and he may seize 1821, 154, § 3. and secure such tobacco, so that it may be libeled and disposed of according to law. shifting con 1821, 154, § 4. For fraud in in spection. SECT. 9. If, after any cask of tobacco has been stamped or Penalty for branded, as aforesaid, any person shall shift the contents, and put tents of casks. therein tobacco, which has not been inspected, he shall forfeit and pay fifteen dollars for each cask. SECT. 10. If any inspector shall be guilty of any neglect or fraud, in the inspection of tobacco, contrary to the provisions of this chapter, or brand any casks containing tobacco which he has not inspected, he shall forfeit and pay fifteen dollars for each cask. SECT. 11. If any person, not being a sworn inspector of tobacco, shall presume to mark and brand any casks of tobacco, as above described, he shall forfeit and pay fifteen dollars for each cask, so branded. SECT. 13. For branding by one, not an in1821, 154, § 6. spector. For owners' weight. falsely marking 1821, 151, § 7. SECT. 12. If any owner of tobacco shall falsely mark the weight of any cask, in which his tobacco is intended to be packed, he shall forfeit and pay nine dollars for each cask, so marked. No vessel, having on board any tobacco in casks, Inspector's cer shipped for exportation, shall be cleared out at the custom house, produced beuntil the master or owner shall produce a certificate from an inspector fore clearance. or prover, appointed and sworn as aforesaid, that the said tobacco 1821, 154, § 9. has been lawfully inspected, according to the requirements of this chapter. tificate to be SECT. 14. All the above mentioned penalties, when recovered, Appropriation shall belong, one half to the state, and the other half to him who of penalties. shall sue for the same. 1821, 154, § 10. SECT. 15. No onions in bunches shall be exported from the Onions in state, unless they shall weigh as follows, viz: rareripes, so called, bunches to be two and a half pounds, and onions from the seed, three and a half 1821, 154, § 11. pounds per bunch. weighed. Selectmen to appoint weigh ers. SECT. 16. The selectmen of each town, where onions are shipped, shall appoint one or more suitable persons, to weigh and give certificates of the weight; they shall be duly sworn to act truly and 1821, 154, § 12. impartially. SECT. 17. If any person shall expose, for sale, any onions in Penalty for selbunches, not so weighed and certified, he shall forfeit the same; one half of the proceeds to the use of the town, where the offence was committed, and the other half to the person, suing therefor; and the selectmen may cause the same to be libeled and sold, according to law. ling onions, not 1821, 154, § 13. weighed. |