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Art. 12. — Of the inspection of leaf tobacco, in the city of New-York.
OF THE INSPECTION OF FLOUR AND MEAL. SEO. 1. Flour and meal not to be exported, unless inspected.
2. When and where to be inspected, and re-inspected. 3. Flour and meal manufactured for exportation, to be packed in casks. 4. Dimensions of casks. 5, 6, 7 & 8. Casks how marked and branded. 9. When packed and branded, inspector to inspect same. 10. His duty in so doing. 11. No cask containing Indian meal to be branded, unless made of kiln-dried corn. 12. Inspector to deliver to owner, flour and meal taken from cask. 13. Flour and meal not made in this state, to be inspected before sale in New-York. 14. Penalty for shipping without being inspected. 15. Vessels suspected, to be searched. 16. Inspector may seize and sell all flour or meal so shipped. 17. Penalty for offering casks on which tare is undermarked. 18. Penalty for undermarking tare. 19. Penalty for exporting casks marked "light." 20. Penalty for neglecting to have four or meal inspected. 21. Penalty for altering brand marks. 22. Penalty for offering for sale mixed flour, as good. 23. Penalty for transporting Indian meal, upon deck of vessel. 24. No inspector to purchase or sell, except for his own use. 25. Not to be connected with any manufacturer or merchant. 26. Inspector in New York, when to give certificate of quality, &c. 27. Certificate, how verified; presumptive evidence. 28. Inspectors in New York, Albany, and Troy, may appoint assistants, &c. 29. Inspector in New-York may execute his duties in adjoining counties. 30. (Repealed.) S 1. No wheat flour, rye flour, Indian meal, or buckwheat Floor and
meal, when meal shall be shipped for exportation from this state, except- to be’in
spected, ing to be carried down the Susquehanna, or on the lakes, or the river St. Lawrence, unless it shall have been inspected, approved and branded, according to the provisions of this Article. But this prohibition shasl not extend to any flour or meal, which shall be brought from any other state, through one of the canals, and which shall have been inspected and branded, according to the laws of such state.
This Article was compiled, with some variations and additions, from the
following statutes: 2 R. L., 320; Laws of 1822, 117; 1827, 323;
S 3. All wheat flour, rye flour, Indian meal, or buckwheat (637) meal, manufactured for exportation in this state, shall be packed. packed in good and strong casks, made of seasoned oak, or
I. — 63
beland and their tartall likewise be the
marked and branded
other sufficient timber, and hooped with at least ten hoops, three of which shall be on each chime, and properly nailed.
S 4. The casks shall be of two sizes only; one size shall contain one hundred and ninety-six pounds of flour or meal, with staves of twenty-seven inches long, and each head sixteen and one half inches in diameter; the other size shall contain ninety-eight pounds, with staves twenty-two inches long, and each head fourteen inches in diameter, or with staves twenty-seven inches long, and each head not more than twelve inches in diameter, but Indian meal may likewise be packed in hogsheads, which shall contain eight hundred pounds.
$ 5. The casks shall be made as nearly straight as may be, and their tare shall be marked on one head with a marking iron; they shall likewise be branded with the weight of the flour and meal contained therein, and with the initials of the christian name and the surname of the manufacturers thereof, at full length, except hogsheads of Indian meal, on which the weight only shall be branded.
See Laws of 1833, ch. 261. $ 6. Every such cask of wheat flour, shall be branded as follows: if of a very superior quality, “ Extra Superfine;" if of a quality now branded “Superfine,” with the word “Superfine;" if of a third quality, “Fine;" if of a fourth quality, “Fine Middlings;" if of a fifth quality, “Middlings;" if of a sixth quality, “Ship Stuffs.”
S 7. Each cask of rye flour intended for the first quality, shall be branded with the words "Superfine Rye Flour;" and each cask intended for the second quality, with the words “Fine Rye Flour.”
$ 8. Each cask of Indian meal shall be branded with the words “Indian Meal ;" and each cask of buckwheat meal, with the letter and word “B. Meal.”
$ 9. When the flour and meal has been packed, and the casks branded, according to the preceding provisions, application may be made to an inspector of flour and meal, and it shall be his duty to examine and determine the quality of the flour and meal.
S 10. It shall be the duty of the inspector,
1. To ascertain by examination the weight of all the casks which he may suspect of being falsely tared :
2. To alter and correct the brands, in all cases where he shall be of opinion, that they do not designate the real quality of the flour or meal :
3. To weigh such casks as he shall suspect not to contain the full weight, and if they do not contain the full weight, to brand them with the word “Light:"'
4. To brand all casks containing flour or meal so damaged as not to be fit for exportation, with the word “ Bad :"
And lastly, on all casks made, branded and packed, accord
meal taken from casks
to be in
ing to the provisions of this Article, to brand in a legible manner on the quarter, the initials of his christian name and his surname, at full length, together with the name of the county where the inspection has been made.
$ 11. No inspector shall brand any cask containing Indian Indian meal, unless the same shall have been made of corn, properly kiln dried, and shall be ground fine and bolted.
$ 12. The inspector, if required, shall deliver to the owner, Flour or or his agent, all flour or meal taken from a cask, with the more augur or instrument that he shall use for the purpose of i
in inspectinspection, under the penalty of twenty-five dollars, to be recovered by the owner, in addition to his actual damages and costs of suit.
S 13. All flour or meal not manufactured within this state, Flour sold which shall be offered for sale in the city of New York, in York, when casks, except damaged flour sold as such at auction, shall be opet inspected previous to its being so offered, in the same manner as flour intended for exportation, and be subject to all the provisions and penalties of this Article. S 14. Every person who shall ship, or attempt to ship, for Penalty for
shippirg exportation from this state, any flour or meal not inspected four or
i meal not and branded according to the provisions of this Article, shall inspected. forfeit the same; and every person who shall have exported from this state any such flour or meal, shall forfeit the sum of five dollars for every cask so exported.
S 15. Every inspector shall have power to enter on board Power and of any vessel between sunrise and sunset, to search for four inspector. or meal that he may suspect to have been shipped contrary to the provisions of this Article; and every person who shall obstruct any inspector in the execution of this duty, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried.
$ 16. It shall be the duty of every inspector, to seize and Ib. take into his possession all flour and meal that he shall discover to have been shipped, or attempted to be shipped, contrary to the provisions of this Article. He shall sell the same at public auction, giving at least five days' public notice, in some newspaper printed in the county or place for which he is appointed, of the time and place of such sale ; and shall pay the proceeds, deducting ten per cent for his trouble and expenses, to the superintendents, or other persons having the charge of the poor, in the county or place where the seizure shall be made.
$ 17. Every person knowingly offering for sale any cask of flour or meal, upon which the tare shall be undermarked, or when tare is in which there shall be a less quantity of meal than is marked. branded thereon, shall forfeit five dollars for every cask so
(539) undermarked, or deficient, one half to the use of the person who shall be injured and shall prosecute for the same, with such other damages as he shall sustain, and the other half to
"5 15. Every inspeen sunrise and su been shipped
Power and duties of
Penalty for selling
ing light casks.
to have flour or meal inspected.
For counterfeiting marks,
LE 2 the use of the poor of the city or town where the recovery
shall be had.
$18. Every manufacturer of four or meal, who shall tare, &c. undermark the tare of any cask, or shall put therein a less
quantity of meal than is branded thereon, shall forfeit the sum of five dollars for every cask so undermarked, or deficient, one half to the use of the person who shall be injured, and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city or town where the conviction shall be had; but such penalty shall not be recovered, when the light weight shall appear to have been occasioned by some accident unknown to such manufacturer, and which happened after the packing
of the cask. For export- $ 19. Every person who shall export from this state any
flour or meal in casks, which shall have been marked "light" by an inspector, shall forfeit the sum of five dollars for every
cask so branded and exported. For neglect $ 20. Every purchaser of flour or meal for exportation, who
shall neglect to have the same duly inspected and branded at the place of exportation, according to the provisions of this Article, shall forfeit the sum of five dollars for every cask so purchased and not inspected, although such cask may have been inspected and branded previous to such purchase.
$ 21. Every person who shall alter or counterfeit any brand marks, whether state or private, made under the provisions of this Article, shall forfeit the sum of one hundred dollars for every cask, the brand of which shall be so altered or counterfeited; and every person who shall put any flour or meal in an empty cask, branded by an inspector, and offer the same for sale in such cask, without first cutting out the brands, shall, for each cask, forfeit the sum of five dollars.
$ 22. Every person who shall knowingly offer for sale as good wheat flour, any flour which shall be found to contain a mixture of Indian meal, or any other mixture, or any unsound flour, shall forfeit for every cask the sum of five dollars; and for the payment of this penalty, the flour shall be liable, and
may be seized and sold by the inspector. For trans- $ 23. Every person having charge of any vessel, who shall Indian meal transport into the city of New-York any Indian meal upon on deck.
the deck of the vessel, shall forfeit twenty cents for every the inol,
barrel, and eighty cents for every hogshead of such meal. (540) $ 24. No inspector of flour or meal shall purchase or sell
any flour or meal, except for his private use, or be directly or indirectly concerned in any such purchase, under the penalty of five hundred dollars for each offence.
S 25. No such inspector shall be in any manner connected in business or trade, with any flour manufacturer or flour merchant, or act as agent for any such manufacturer or merchant, or any other person, in the purchase or sale of flour or meal; and every inspector who shall violate this provision,
For selling mixed flour.
Inspector not to deal in flour or meal.
CHAP. XVII.] INSPECTION OF BEEF AND PORK.
to give cer
shall forfeit his office, and shall be forever thereafter incapable of acting as an inspector, under any of the inspection laws of this state.
$ 26. It shall be the duty of the inspector of flour in the Inspector city and county of New York, whenever required, to certify tificate. under his hand, the quality of any flour inspected by him, and the state and condition thereof, and of the barrels containing the same, specifying, as particularly as may be, the extent of any damage, appearing on such inspection; the apparent cause thereof, whether by exposure or injury in transportation, or in consequence of the original putting up of such flour; and also specifying the brands or other marks upon the casks inspected, and the name of the consignees thereof. For every such certificate, the inspector shall be entitled to receive ten cents for every folio of one hundred words contained therein.
$ 27. Every such certificate shall be presented to the clerk Certificate, of the city and county of New York, and if he shall be satis- endorsed. fied that it is genuine, and that the person signing the same is inspector of flour and meal for that city, he shall endorse thereon his own certificate to that effect, under his hand and seal of office; and every certificate of an inspector thus verified, shall be presumptive evidence, in all courts, of the facts therein contained.
$ 28. The inspector of flour and meal in the city of New. Assistants. York, and such inspector in each of the cities of Albany and Troy, may appoint as many assistants to assist him in the execution of the duties of his office, as he may deem necessary, who shall hold their office during his pleasure; and for whose acts, all of which shall be performed in his name, he shall be responsible.
$ 29. Such inspector for the city and county of New York, Powers of may execute the duties of his office, in any county immedi- New York. ately adjoining. He shall appoint a deputy in the county of Kings, to inspect all flour and meal manufactured for inspection in that county; which, when so inspected, may be exported from that county, and from any other part of the state, in the same manner as if inspected in the city of NewYork.
Sec. 30 repealed by Laws of 1832, ch. 300.
OF THE INSPECTION OF BEEF AND PORK.
32. Exceptions from the preceding section.