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ART. 2

made.

cattle, of which there shall not be more in a barrel, than one half neck, nor more than two shanks, with the hocks cut off of the bind-legs at the smallest place above the joint:

4. Cargo beef shall be of fat cattle, with a proportion of good pieces, and not more than one-half of a neck, three shanks with the hocks cut off in the same manner as in prime, in a barrel, and to be otherwise merchantable:

On one of the heads of each barrel-and half-barrel, containing the proper quantity of beef of any one of the qualities above described, the inspector shall brand the words “Extra Mess Beef,” or “Mess Beef,” or “Prime Beef,” or “Cargo Beef,” according to the quality of the beef inspected.

S 47. Into every barrel of beef, that shall be so inspected Salt, &c. and re-packed, there shall be put not less than twenty quarts of salt, equal in weight to good Turks-Island salt, four ounces of saltpetre, and in addition, a strong new pickle. § 48. All bloody and neck pieces of beef offered for inspec- Bloody

neck pieces. tion, before they shall be put up and branded, shall lie in salt, or salt and pickle, a sufficient length of time to extract the blood, to the satisfaction of the inspector.

$ 49. All beef and pork re-packed, within this state, shall Pickle, how be pickled with strong good pickle, made of any kind of good clean salt, as much as will dissolve in good fresh water; and if the barrels and half-barrels shall be larger than the dimensions prescribed in this Article, they shall be condemned by [545) the inspector, or be filled up by him with good pieces of beef or pork, at the expense of the owner, if the owner shall so elect.

S 50. On the head of every barrel and half-barrel of mer- Barrels, de chantable beef or pork, inspected and re-packed, shall be distinctly branded the weight it contains, with the first letter of the christian name, and the surname at full length, of the inspector, who has inspected the same, or both names at full length, with the words “ New-York City,” if inspected in the city and county of New-York; and the name of the county, and the words “ State of New-York," if inspected and branded in any other county.

$ 51. All beef, killed according to the rites and customs of Beef for the people, called Jews, shall be packed and put up according to the directions of this Article, and shall be branded with the additional brand of that society, and may be packed and put up in ten and five gallon kegs.

$ 52. All the provisions of the twenty-sixth and twenty- Preceding seventh sections in the preceding Article of this Title, shall adopted. be construed to apply to the inspector, and the inspection, of beef and pork in the city of New York, and the certifying of the damage thereof, in the same manner and to the same extent as if the words “beef and pork,” were inserted in those sections in place of the word “ flour," wherever it occurs therein. S 53. Every inspector shall have fifteen cents, for each componga

ution of inbarrel, and ten cents, for each half-barrel of beef or pork he spector.

I. — 64

Jewe.

Preceding sections

in the city the same pork.", wherever it

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shall inspect, salt and re-pack; ten cents for flagging, pegging, nailing, salting and pickling; three cents for each hoop put by him on any cask; and such fees shall be paid before the beef or pork inspected shall be taken from the store or yard of the inspector.

S 54. No inspector of beef and pork shall be in any wise concerned in purchasing any cattle or hogs, with an intention to pack the same for sale, or in any manner to become a partaker of the profits or loss of any beef or pork, when the same is intended for packing, under the penalty of five hundred dollars for each offence.

$ 55. No inspector shall inspect, or brand, any cask of beef or pork out of the city, or county, for which he shall be appointed, nor shall an inspector in any case, lend or hire out his brands, to any person whatever, under the penalty of twenty-five dollars for each barrel so inspected or branded.

S 56. The store or yard of every inspector in the city and county of New York, shall be on the margin of the East or North River, and no such inspector shall inspect and re-pack any beef or pork, at any other place, than in his store or yard, under the penalty of fifteen dollars, for every barrel or cask so inspected.

$ 57. Every person, other than an inspector duly authorised, who shall brand any cask of beef or pork in the manner directed by this Article, shall forfeit the sum of fifteen dollars, for each and every cask, so branded.

S 58. No owner or dealer in beef and pork, shall suffer the same, after it shall have been inspected, to be exposed to the heat of the sun, or inclemency of the weather, longer than twelve hours, under the penalty of five dollars for every such offence.

$ 59. Every person who shall intermix, take out or shift any beef or pork of any barrel or cask inspected or branded as in this Article is required; or put into any barrel inspected and branded, any other beef or pork for sale or exportation; or alter or change the brand or mark of any inspector, shall for every such cask or barrel so altered, shifted, changed, intermixed or branded, forfeit the sum of twenty-five dollars.

$ 60. Every person interested in slaughtering cattle or hogs, or causing the same to be slaughtered, for the purpose of having the same barrelled for inspection, contrary to the provisions of this Article, shall forfeit the sum of twenty-five dollars for every head of cattle or hogs so slaughtered, or caused to be slaughtered.

Ib.

See Laws of 1832, ch. 310; 1844, ch. 276.

ARTICLE THIRD.
OF THE INSPECTION OF POT AND PEARL ASHES.
SEC. 61. Ashes not to be shipped, without inspection.

62. Certain may be exported without re-inspection.
63. Casks in which ashes are to be put.

ART. 3.

when to be

SEC. 64. Duty of inspectors in inspecting.

65. Penalty on inspector for entering on invoice, &c., any cask not weighed. 66. Weigh-note, or copy, presumptive evidence. 67. If cask be defective, inspector to put it in repair. 68. If not, cask to be condemned, and new one furnished. 69. Casks furnished to be noted on weigh-note. 70. Inspector to enter on books and weigh-note, the marks of casks. 71. To keep ashes in a dry place. 72. May search vessels, and seize ashes illegally shipped. 73. To remove those seized to his store, and to inspect them. 74. To sell them at auction. 75. Penalty for receiving for exportation, ashes not inspected. 76. Penalty upon inspector trading in ashes. 77. Ashes, &c., in New York, to be sold by weigh-note only. 78. Penalty for counterfeiting brand-marks. 79. Penalty for misdating invoice, &c. 80. Inspectors in New-York and Albany may appoint assistants. 81. Fees of inspectors. 82. Inspectors allowed expenses of putting ashes in shipping condition; storage. $ 61. No pot or pearl, ashes shall be shipped for exporta- Ashes, tion from this state, except to the provinces of Upper and inspected. Lower Canada, or down the Susquehannah or Allegany rivers, unless they shall have been duly inspected and branded, according to the provisions of this Article; and all ashes

(547) shipped for exportation, contrary to this prohibition, shall be forfeited to the people of this state.

This Article was compiled, with some amendments, from the following

statutes: Laws of 1822, 160; 1827, 323 ; see Laws of 1843, ch. 202. $ 62. All pot and pearl ashes, duly inspected in any city sb. or place of trade, on the Hudson river, above the city of New-York, or on the Erie canal, may be exported from the place of such inspection, or be sold in and exported from the city of New York, without being subject to re-inspection. $ 63. All pot and pearl ashes subject to such inspection, Ashes, how

to be put shall be put in casks of good seasoned white oak, or white up. ash timber, well made, hooped with substantial hoops, for the distance of, at least, ten inches from each end; the staves not to be more, than thirty-one, nor less than thirty inches in length, and the head of a potash barrel shall not exceed twenty inches, nor be less than nineteen inches, in diameter; and that of a pearlash barrel shall not exceed twenty-three inches, nor be less than twenty-one inches in diameter. No inspector shall brand casks not agreeing with the description given in this section.

Act of 14th November 1828. S 64. It shall be the duty of every inspector of pot and Duty of inpearl ashes,

1. To empty the casks containing ashes brought to him for inspection, and to examine and determine the quality of the ashes, and repack the same, putting the ashes of each quality in a separate cask :

2. To brand, in plain letters, and figures on each casks containing ashes of the first quality, the words “ First Sort;"

spector.

TITLE 2

of the second quality, the words “ Second Sort;" and of the third quality, the words “Third Sort:" together with the words “ Pot Ash ” or “Pearl Ash,” as the same may be; also his own name, and that of the place where the ashes are inspected ; and on one head, the year when such inspection is made:

3. To weigh each cask, and to mark with a marking iron, on the branded head, the weight thereof, including tare, and the weight of the tare, under the same:

4. To collect the crustings or scrapings of the barrels and casks of potash, unfit for inspection, having the same brand, and to weigh and put the same in some suitable cask; and to deliver to the owner or his agent, a weigh-note signed by him of such scrapings and crustings, entered on the back of the copy of the inspection bill, designating therein, the quantity taken, from each lot separately marked.

5. To brand the word “condemned” on every cask which he shall discover to contain ashes fraudulently adulterated with stone, sand, lime, or other improper substance :

6. To make and deliver to the owner or his agent, an invoice or weigh-note, under his hand, of the ashes by him inspected,

containing the weight of each cask and of the tare, and dis(548) tinguishing the quality thereof, in the manner before directed,

and to enter the same, in a book, to be kept by him for that purpose:

7. To make and enter in his book another invoice or weighnote, in which shall be contained the original private marks and numbers, and the scrapings and crustings in each lot, and the quality, weight and tare of each barrel, and specifying, as particularly as possible, the extent and damage, appearing on such inspection, and the apparant cause thereof, whether by exposure or injury in the course of transportation, or in consequence of the original putting up of such ashes ; and to deliver, if required, a true copy of such weigh-note, to the owner of the ashes inspected, or his agent.

$ 65. If any inspector shall enter on any invoice, weighof note or bill of inspection, any cask of ashes, before the same

shall have been emptied out and the cask weighed, he shall be liable to a fine of five dollars for each cask so entered; and also shall be guilty of a misdemeanor.

$ 66. Every weigh-note, or copy of a weigh-note, signed, or certified, by an inspector, on which there shall be endorsed a certificate, under the hand and seal of office of the clerk of the county where the inspector resides, showing that at the date of such weigh-note or copy, the subscriber was an inspector of pot and pearl ashes, and that the hand writing appears to be his, shall be received as presumptive evidence of the facts contained therein, in all courts and places in this state.

Penalty fo violation of daty.

11 W., 82.

Weigh-poto

Defection

when to be

ask so fucer of the and twent allowed

Ashes to be

ART. 3. S 67. If any cask, containing pot or pearl ashes, when delivered to an inspector for inspection, shall be defective and in casks. unfit for shipping, owing to the want of coopering repairs, the inspector shall put the cask in a good shipping condition, if the cost of such repairs shall not exceed the sum of seventyfive cents.

$ 68. If a defective cask cannot, in the opinion of the Ib.cask inspector, be sufficiently repaired for the sum of seventy-five condemned, cents, he shall condemn the same, and shall furnish a substantial new cask, for which he shall be allowed the actual cost, not exceeding one dollar and twenty-five cents, to be paid to him by the owner of the ashes inspected, or his agent.

$ 69. Every cask so furnished shall be noted by the inspector to entries in the weigh-note and copy thereof, in which he shall also specify the original marks and numbers of the cask for which such new cask is substituted.

$ 70. The inspector shall also enter in his book, and on the Ib. margin of the weigh-note delivered by him, the original marks and numbers of every cask repaired by him, and the expense of such repairs.

$ 71. Every inspector shall keep all casks of ashes delivered (549) to him for inspection, whilst they remain in his possession, in kept dry. some dry place, safe from the injuries of the weather, and under a tight roof; and every inspector violating this pro- Penalty. vision, shall forfeit to the owner the sum of ten dollars for every cask of ashes injured by his neglect, besides the actual damages sustained by such owner.

$72. Every inspector of pot and pearl ashes shall have full Powers and power, and it shall be his duty, to enter on board of any ship inspector. or vessel, within the limits of the city or county, for which he is appointed, which he shall suspect to have on board any ashes shipped for exportation contrary to law, and to search for, and if discovered, to seize and take into his possession, all casks of ashes so illegally shipped.

See Laws of 1843, ch. 202. S 73. Such inspector shall remove all casks so seized by Ib. him to his store or office of inspection, and shall there inspect the same according to the provisions of this Article, and shall deliver a weigh-note of such inspection, signed by him, to an auctioneer of the city or county in which the seizure shall be made.

See Laws of 1843, ch. 202. $ 74. Such auctioneer shall proceed to advertise and sell Ib. such ashes by public auction, and shall pay the proceeds, deducting the customary expenses of sale, to such inspector, who, deducting therefrom his fees on inspection, and ten per cent for his services and expenses, shall pay the balance to the treasurer of this state.

$ 75. Every owner, consignee, and master of a vessel, who Penalty on shall receive on board of his vessel for exportation, contrary of vessel.

duties of

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