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be shipped or exported by water from this State in casks or boxes, unless the owner or master of the vessel shall produce to the collector, or other officer authorized by the laws of the United States to clear vessels out, a certificate from the inspector or some deputy that such fish has been inspected, packed and branded according to law, together with the number of tierces, barrels, half barrels and boxes thus shipped, the kind and quality of the fish they contain, the name of the vessel in which such fish are received for exportation, and the owner or master thereof. (R. S., sec. 16.)

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SEC. 17. The master or owner on producing such certificate to such officer, shall take and subscribe the following oath : "I, A. B., of do swear, according to the best of my knowledge and belief, that the certificate hereunto annexed contains the whole quantity of pickled and branded fish, smoked alewives and herrings on board the master, and that no fish is shipped on board said vessel for the ship's company, or on freight or cargo, but what is inspected and branded according to law. So help me God."

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SEC. 18. If any person shall put or receive on board any vessel or other carriage of conveyance to transport the same from this State, any pickled or whole fish, or any smoked alewives or herrings packed in casks or boxes which are not inspected and branded according to law, he shall forfeit not less than two dollars nor more than ten dollars for every hundred pounds of pickled or whole fish, and one dollar for each box of smoked alewives, or herrings so uninspected.

SEC. 19. If any pickled or barreled fish, smoked alewives or herrings as aforesaid, shall be put on board any vessel, boat or carriage of conveyance, with intent to sell or export the same contrary to law, any justice of the peace may issue his warrant to the sheriff, his deputies or a constable, requiring such officer to seize and secure said fish and carry them to the inspector or deputy nearest to such vessel, boat or carriage, who shall open and inspect, pack and brand the same as is provided in this chapter, and shall detain the same until the expense and charges of seizure, inspection, packing and all other charges arising from such seizure shall be paid.

SEC. 20. If the inspector or any deputy shall brand any cask or box, the contents of which he has not inspected, packed, salted, coopered and nailed according to the provisions of this chapter, or shall permit any other person to use his brands in violation or evasion thereof, he shall forfeit twenty dollars for each cask or box so branded, and shall also be removed from office.

SEC. 21. If any person shall intermix, take out or shift any inspected fish packed and branded as aforesaid, or shall put in other fish for sale or exportation, he shall forfeit five dollars for each cask, package or box so altered; but if any casualty shall render it necessary to repack a cask or box of inspected fish, it shall in all cases be done by an inspector.

SEC. 22. If any person shall sell or export, or cause to be sold or exported within or from this State, any tainted or damaged pickled fish, or smoked alewives or herrings, he shall forfeit three dollars for every hundred weight of such pickled fish, and one dollar for each box of such smoked alewives or herrings which shall be thus sold or exported.

SEC. 23. All shelled clams or other shelled fish used for fish bait, hereafter offered for sale, shall be put in barrels or half barrels of the description required for pickled fish; and the casks shall be filled full and salted sufficient to preserve the same; if any person shall offer for sale any shelled fish aforesaid not packed agreeably to this section, he shall forfeit for each offence two dollars.

SEC. 24. All kinds of pickled fish which are packed in tierces, barrels or half barrels, and all smoked alewives or herrings packed in boxes for consumption within this State, and which are not subjected to be inspected and branded as provided in case of exportation, shall however be packed with only one kind of fish in each cask or box, and there shall be the same weight in each cask as hereinbefore provided; and for intermixing different kinds of fish in the same cask or box, or for short weight in any cask, the owner or seller shall forfeit the same sum hereinbefore provided for the like offence, if such fish were inspected.

SEC. 25. Nothing in this chapter contained shall extend to fish packed in kegs of less than ten gallons.

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SECTION 1. No person shall ship any pot or pearl ashes for ex

portation, unless the same shall have been duly inspected and branded by some inspector.

SEC. 2. The inspector shall start the pot or pearlash out of the casks, and carefully examine, try and inspect the same, and sort the same in three different sorts, if necessary, and shall put each sort by itself in tight, new casks, well hooped and coopered, which shall be branded in plain, legible letters with the words first sort, or second sort or third sort, the words potash or pearlash, as the case may be, the first letter of his christian name and the whole of his surname, the town where the same is inspected, and the abbreviation N. H. on each cask.

SEC. 3. The inspector at the time of starting pot or pearl ashes for inspection, shall weigh each cask and mark the weight with a marking iron on each head thereof.

SEC. 4. The inspector shall receive for starting, inspecting, sorting, repacking, weighing, putting the casks in good order and delivering to the owner an invoice or weigh note under his hand of the weight of each cask, six cents for every hundred weight so inspected, to be paid by the purchaser.

SEC. 5. Every cask in which pot or pearl ashes shall be packed for exportation, shall be made of sound, well seasoned oak or white ash staves and heading, full bound, twenty-nine inches in length, nineteen inches in diameter in the head and of such weight in proportion to its contents as will amount as near as may be, to fourteen per centum tare thereon.

SEC. 6. Every manufacturer of pot and pearl ashes within this State shall brand each cask containing the same, with the first letter of his christian name and the whole of his surname, and the name of the town where manufactured, before it shall be removed from the manufactory; if any person shall remove any cask before being branded as aforesaid, he shall forfeit one dollar for each cask so removed.

SEC. 7. If any person shall brand any cask of pot or pearl ashes manufactured by himself, with the name of any other person, or shall brand any such cask manufactured by another person with his own name, or shall counterfeit any brand belonging to or proper to be used by any inspector, or shall impress or brand any cask of pot or pearl ashes with any brand of any inspector or with any counterfeit brand, he shall forfeit for each offence one hundred dollars.

SEC. 8. If any inspector on application made for the examination of any pot or pearl ashes, shall unreasonably refuse, neglect or delay to make such examination and inspection for the space of three hours after any such application, he shall forfeit for each offence twenty dollars to any person who will sue therefor.

SEC. 9. If any person shall empty any cask of pot or pearl. ashes inspected and branded as required by this chapter, and shall put in any other pot or pearl ashes for sale or exportation without

first cutting out the said brand marks, he shall forfeit for each offence one hundred dollars.

SEC. 10. Any inspector may enter any vessel lying in the harbor where such inspector is authorized to inspect pot or pearl ashes, and there search, and may seize, carry away and secure for trial every cask of pot or pearl ashes not inspected or branded as in this chapter is provided, which shall be forfeited.

SEC. 11. All casks seized as aforesaid, may be prosecuted to condemnation by the officer seizing the same, by libel in the court of common pleas in the county in which the same was seized, and after condemnation the same shall be sold at public vendue by the sheriff or his deputy, and after the payment of all charges one half of the residue of the proceeds of such sale shall be paid by him into the treasury of the county, and the other half to the inspector seizing the same.

SEC. 12. Any inspector may require necessary aid for searching for and seizing any casks aforesaid, and every person refusing or neglecting to give such aid when requested, shall forfeit five dollars for such refusal or neglect. If any person shall obstruct or hinder any inspector in making search or seizure as aforesaid, he shall forfeit for each offence three hundred dollars.

SEC. 13. If the master of any vessel shall receive on board any cask of pot or pearl ashes not branded as required by this chapter, he shall forfeit fifteen dollars for each cask so received.

SEC. 14. Any citizen of this State may export by water pot or pearl ashes to any port within the United States without inspection, by giving bond in a reasonable sum with sufficient surety to some inspector, conditioned that the same shall be landed in some port within the United States, and not shipped for any foreign market until duly inspected. Such person within six months from the date of said bond, shall produce to said inspector a certificate from the proper officer in some one of the United States that said pot or pearl ashes exported as aforesaid, have been duly inspected.

CHAPTER 109.

OF THE INSPECTION OF LUMBER, TIMBER, &c.

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SECTION 1. One or more surveyors of lumber and cullers of hoops and staves shall be chosen by the inhabitants of each town at their annual meeting, who shall be skilled in such business, and shall hold their offices one year and until others are chosen in their stead.

SEC. 2. The surveyor of lumber shall survey all plank, boards, spars, slitwork, shingles, clapboards and timber previous to the sale thereof, and shall measure the same if necessary, having due consideration for drying and shrinking, making reasonable allowance for rots, knots and splits; he shall mark the same anew to the just contents thereof, if requested by the seller or purchaser, and give a certificate of the quantity and sorts, if required, on payment therefor.

SEC. 3. The cullers of hoops and staves shall view and cull all hoops, staves and heading previous to the exportation thereof, and shall give a certificate of the quantity on payment therefor.

SEC. 4. The standard of the thickness of merchantable plank shall be two inches, and when any plank of a different thickness shall be purchased, it shall be admeasured and calculated by that standard.

SEC. 5. All round ship timber shall be measured according to the following rule, viz: a stick of timber sixteen inches in diameter and twelve inches in length shall constitute one cubic foot, and in the same ratio for any other size and quantity: forty feet shall constitute one ton.

SEC. 6. All shingles offered for sale in this State shall be straight, four inches wide, free from shakes and worm holes; shall be split or sawed in a longitudinal direction crosswise the grain, and shall be designated and known according to their quality as No. 1, No. 2, No. 3 or refuse.

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