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ed, forfeit and pay two dollars, one half to the person penalty. who shall sue for and recover the same, and the other half to the town, to which such owner or owners shall belong. And in case any cask or casks, containing any of Owners of the articles aforesaid, shall be laden on board any vessel, property put for which a clearance shall be required by law, to be ex- sel for exporported, or transported, coastwise, it shall be the duty of tation or transthe owner, or master of such vessel, to produce to the portation, collector, or other officer, authorized by law to give such produce to the clearance, a certificate or certificates, as aforesaid, speci- collector a cerfying the number of casks, the dimensions, or names and tificate, &c. co tents of the same, together with a copy or copies thereof; and shall lodge such copy or copies, with such collector or other officer, and retain such original certificate or certificates, in his possession, and shall take and subscribe, before such collector, or other officer, the following oath: "I, A. B. of the do swear, that according to the best of my knowledge and belief, the certificate, a true copy whereof is hereunto annexed, contains the whole quantity of, on board the master; and that no beef, pork, fish, flour, or corn-meal, is shipped on board of said vessel, for the ship's company, or freight, or as cargo, but what is inspected and branded according to law: So help me God."

on oath.

export or transport ar

ticles not inspected;

SECT. 23. If any person or persons, shall export or trans- No person to port, or ship for exportation or transportation, out of this state, any of the articles aforesaid, not put up in the manner aforesaid, and inspected and branded, as by this act is provided, every such exporter, transporter, or shipper, and the master of every vessel, having on board such uninspected articles, shall, on conviction, respectively, forfeit and pay the sums following: the owner, transporter, penalty on or exporter, shall forfeit and pay the sum of six dollars; owner, &c. and the master of every vessel, having the same on board, on master, &c. the sum of two dollars; for every cask, or other vessel, containing any of the articles aforesaid, exported, trans

ported, or shipped for exportation or transportation. But Proviso, as to nothing in this act, shall prevent the exportation of rounds rounds of beef. of beef, in kegs or tubs, as is now practised, provided the name of the owner or exporter, and of the town where he resides, shall be branded on one head of each keg, or tub, under the penalty of one dollar for each keg or tub not so branded. And any beef, or pork, brought from the Articles instates of New-York, or Massachusetts, and any fish, cornspected in certain other meal, flour or shingles, brought from those, or any other states, also exof the United States, that shall have been inspected and cepted, if acbranded in the state, from whence they came, conforma- companied by bly to the laws thereof, may be exported from this state without reinspection; provided such articles shall be ac

a certificate,

&c.

No inspector to brand shad imported;

penalty.

companied by a certificate, from the inspector, by whom the same was so inspected and branded, specifying the marks, numbers and quality of the same.

SECT. 24. No deputy, or assistant inspector shall brand, in the manner directed by this act, any barrel, cask. or other vessel, containing shad, imported into this state, from any other state or place; and each deputy, or assistant inspector, offending against this section, shall forfeit, to the treasury of this state, five dollars, for each barrel, or other vessel as aforesaid, by him so unlawfully branded.

Penalties, how SECT. 25. All penalties and forfeitures, arising by virrecovered and tue of this act, may be recovered by action of debt, or on appropriated. this statute, before any court, proper to hear and determine the same; and, (when not herein otherwise appropriated,) one half thereof shall accrue to the informer, who shall sue for the same to effect, and the other half to the town to which the offender shall belong; and it is hereby made the duty of all informing officers, to prosecute every breach of this act.

Fees of inspectors.

Civil authori

ty, &c. to appoint inspectors, &c. of

certain articles.

.

SECT. 26. Each assistant-inspector, for performing the services required by this act, shall be entitled to receive from the owner of the articles inspected, &c. the following fees, to wit: For cutting, weighing, packing, salting, pickling, heading, and branding each barrel of beef, or pork, twenty cents, and for each half barrel, twelve and half cents; and for performing the same, exclusive of cutting, he may receive, for each barrel, twelve and half cents, and for each half barrel, seven cents. For packing, heading, flagging, pickling and branding each barrel of fish, seventeen cents, and for each half barrel, twelve and half cents. For inspecting and branding each barrel of flour, three cents. For inspecting and branding each hogshead of corn-meal, six cents, and for each barrel of corn-meal, three cents. For inspecting and branding every thousand of shingles, seven cents. For each certificate, ten cents. And each deputy-inspector shall be entitled to receive from each of the assistants, by him appointed, twenty per cent of all the fees received by such assistant, twenty-five per cent whereof, shall be paid, by the deputy-inspector, to the inspector-general.

SECT. 27. Be it further enacted, That the civil authority and select-men of each and every town, where butter, or lard, or tobacco, or pot or pearl ashes, or staves, or heading, or boards, or onions, are produced, prepared, or put up for exportation, are authorized and directed to appoint some suitable person or persons, to be inspectors, surveyors, and packers, for the purpose of inspecting, surveying, packing, branding, or giving a certi

to be sworn.

ficate of said articles, who shall be sworn to a faithful Inspectors, &c. discharge of their duty, in the same manner, mutatis mutandis, as is by law prescribed for surveyors of highways, leather-sealers, &c.; and every such inspector, surveyor, or packer, shall brand on one head of every barrel, cask or keg, by him inspected and packed, the initial letter of brand butter his christian name, and his surname at full length, and the and lard, tobacco, pot name of the town, where the same shall be inspected; and also the kind, quality, and weight of all butter, lard, tobacco, pot and pearl ashes; and also mark the tare thereon.

To inspect and

and pearl ash

es.

SECT. 28. All casks for containing butter or lard for Casks for butexportation, shall be well made, of good white-oak tim- ter and lard, ber, and be full trimmed; and shall not contain more than how made; capacity. forty-five pounds weight.

SECT. 29. Each inspector, surveyor, or packer, shall Tobacco, how carefully survey and search the tobacco by him to be put up, and inpacked, and shall cull out, and separate all such hands of spected. tobacco, as shall be in any way damaged, and shall not pack, or press any tobacco, but such as shall be sound, well ripened, sufficiently cured, and every way good and merchantable.

SECT. 30. All casks for pot or pearl ashes, shall be of the following dimensions, to wit: twenty-nine inches in length, and nineteen inches in diameter, at each head; to be made of white-oak staves and heading, sound and tight, and trimmed with at least eighteen hoops and the tare of each cask shall be at least fourteen per cent, on the weight of such cask, and the contents thereof.

Casks for pot

and pearl ashes, how made.

and their dimensions.

Staves and

SECT. 31. Staves and heading for exportation, shall be of the following dimensions, to wit: all white-oak pipe heading, what staves, four feet eight inches long, and three inches and merchantable. an half in width; white-oak hogshead staves, three and an half feet long, and three and an half inches in width; white oak barrel staves, two feet and an half long, and three and an half inches wide; white-oak hogshead heading, two and an half feet long, and at least five inches in width; and all free from sap; all black or red-oak hogshead staves, shall be three and an half feet long, and three and an half inches wide; all long sugar hogshead staves, shall be four feet and seven inches long, and three and an half inches wide; and all staves and heading, shall not be less than five eighths of an inch thick, at the thinnest edge.

SECT. 32. No pine boards shall be deemed merchanta- What pine ble, unless the same are one inch thick, and square boards meredged.

chantable.

SECT. 33. No onions shall be offered for sale, that are Onions, how not good and merchantable, well cured and dry; nor shall prepared for

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any bunches of them be sold, or offered for sale, or put into any land or water carriage to be transported to market, that are not fully cured, well and firmly bunched, and of the weight of three pounds and an half, and inspected.

SECT. 34. Every such inspector, surveyor, or packer, shall give to any person, who shall procure him to inspect or pack any of the articles enumerated in the twentyseventh section of this act, a certificate that the same have been inspected, packed or branded, conformably to this act; and if such surveyor, inspector or packer, shall refuse to give such certificate, or shall give a false certificate, he shall forfeit and pay to such person five dollars. SECT. 35. If any such inspector, surveyor or packer, shall brand any of the said enumerated articles, which have not been inspected by him, or shall falsely or deceitfully brand the same, in the manner herein provided, every such inspector, surveyor, or packer, so branding, or falsely or deceitfully branding, shall, for every barrel, cask or keg, and for each thousand of staves or heading, or boards, so branded, or falsely branded, by him, forfeit and pay seven dollars, one half to him who shall sue for the same to effect, and the other half to the town where the offence shall be committed.

SECT. 36. No person shall export, or transport from this state, any of the articles enumerated in the twentyseventh section of this act, which shall be the produce thereof, or therein prepared, and put up for market, before the same shall be inspected, in manner aforesaid; and if any person shall export or transport any of said articles, or, knowingly, be aiding or assisting therein, or receive them, or any of them, on board of any vessel, for exportation, or transportation, before the same shall have been inspected, and a certificate obtained, he shall forfeit and pay one half the value of all and each of said articles, exported or transported, or shipped for exportation or transportation, as aforesaid, one half to him who shall sue for the same to effect, and the other half to the treasury of the state.

SECT. 37. If any person, not an inspector, surveyor or packer, after the inspection, packing and branding, or certificating any of the said articles, shall alter or deface any brand, or certificate; or shall shift or change any, or any part, of the articles, so branded or certificated, and substitute others not inspected; or shall falsely brand, any of said articles, with the name of any inspector, surveyor or packer; or certify, that the same have been inspected, agreeably to this act, or procure the same to be branded, or certified, as aforesaid; he shall forfeit and pay

the sum of ten dollars, for each barrel, cask, or keg, so falsely branded, or altered, or defaced, or of which the contents, or any part thereof, have been shifted or changed; and for every thousand of staves, or heading, or boards, or bunches of onions, thus falsely branded, or certificated as aforesaid; one half to him who shall sue for the same to effect, and the other half to the treasury of the state.

his manifest,

on oath.

SECT. 38. It shall be the duty of every master of a ves- Master of sel, destined to a foreign port, to specify in the manifest vessel to speof his cargo, to be produced to the collector, at the time cify articles in of clearing, the respective brands or certificates, affixed or appertaining to each of said articles, he may have on board; to the truth of which, he shall solemnly swear or affirm, to the best of his knowledge and belief.

SECT. 39. All inspectors, surveyors and packers, shall Fees of inspec be entitled to receive, for their services, from the owner tors. or owners of the articles, about which their services shall be performed, the following fees, or reward, to wit: For inspecting, branding and heading each barrel, or cask of pot or pearl ashes, seventeen cents; for inspecting and branding each keg of butter, or lard, three cents; every packer, for searching, packing and pressing every hundred weight of tobacco, nine cents, and five cents per mile, for travel to perform the same; every inspector, for inspecting and branding each cask, keg, or barrel of tobacco, twelve and half cents; for inspecting every thousand of staves, or heading, twenty-five cents; and for each thousand of boards, thirteen cents; for every thousand bunches of onions, six cents; for each certificate, six cents.

TITLE 54. Intemperance.

An Act to prevent Intemperance.

SECT. 1. E it enacted by the Senate and House of RepBE resentatives, in General Assembly convened, That when, and so often as the civil authority, or any Civil authority two of them, and the majority of the select-men in any and select-men town, shall understand, that any person within such town, may admonish by reason of an intemperate use of spiritous liquors, is in intemperate danger of being reduced to want, misspends his time, or does not provide for his family, the said authority and select-men, shall, (by summons or warrant, issued and signed by a justice of the peace,) cause such person to come before them, and him admonish to refrain from such intemperance; and if such person shall not be thereby re

persons.

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