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TITLE 2.

inspector.

Prohibi. tion.

counter

(650)

to law, any cask of ashes not inspected and branded according to the provisions of this Article, shall forfeit the sum of fifteen dollars for every cask so illegally shipped.

See Laws of 1843, ch. 202. Penalty on S 76. Every inspector who, during his continuance in office,

T. shall directly or indirectly buy or sell any pot or pearl ashes,

shall be guilty of a misdemeanor, punishable, on conviction, by a fine not exceeding five hundred dollars; and every inspector so convicted, shall be forever thereafter incapable of holding any office of honor or profit within this state.

S 77. No pot or pearl ashes, nor any scrapings or crustings thereof, shall be bought or sold in the city and county of New-York, except by retail, in any other manner, than by

the weigh-note of the inspector, who shall have inspected the Penalty. same; and every person who shall violate the provisions of

this section, shall forfeit, for each offence, the sum of one hundred dollars.

See Laws of 1843, ch. 202. Penalty for S 78. Every person, who shall counterfeit any brand marks feiting

of an inspector of pot and pearl ashes, or who shall impress brand, &c on any cask of such ashes, any brand marks that he shall

know to be counterfeit, shall forfeit the sum of five hundred dollars; and every person, who shall empty any cask of such ashes branded by an inspector, without cutting out the brandmarks, in order to put therein any pot or pearl ashes for sale or exportation, shall forfeit, for each offence, the sum of two

hundred dollars. For mis $79. Every inspector, who shall date any invoice, weighdating in

c. note, or bill of inspection, different from the time when the

article was actually inspected, or shall deliver out of his possession, any such invoice, weigh-note, or bill, without any date, shall, upon conviction, for every such offence, forfeit his

office, and be liable to a fine of five hundred dollars. Assistants. S 80. The inspectors of pot and pearl ashes, in each of the

cities of New-York and Albany, may appoint as many assistants as they shall deem necessary, who shall take the oath of office prescribed in the constitution, before executing any duties under such appointment; and for whose acts and omis

sions their principal shall be responsible. Compensa

S 81. Every inspector shall be entitled to receive the following fees, on the delivery of the copy of the inspection bill, and the weigh-note of the scrapings:

1. For every hundred pounds of ashes inspected by him, making the proper weigh-notes and entries, emptying and inspecting the ashes, and putting the casks, in the same condition, as when brought to him for inspection, ten cents, one-half to be paid by the buyer, and one-half by the seller:

2. For every good hoop furnished by him for a cask defective, when brought for inspection, four cents; and for every good head, so furnished, fourteen cents, to be paid by the

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tion,

ART. 4

seller; but no charge, for such repairs on a single cask, shall exceed seventy-five cents:

3. For procuring the proper certificate of a county clerk, on every weigh-note, or copy of a weigh-note, delivered by him, twenty-five cents:

4. For all ashes condemned by him as adulterated, the same fees as if the ashes had proved good, to be paid by the person offering such ashes for inspection.

$ 82. Every inspector shall also be allowed the actual ex- Extra penses for putting in good shipping condition, after inspection, all casks of ashes inspected by him, which expenses shall be paid by the buyer; he may also charge storage, at the usual rates, on every cask inspected by him, that shall remain in his possession more than ten days, after it shall have been inspected, and the weigh-note of the inspector shall have been made out.

See Laws of 1843, ch. 202; 1830, ch. 306.

allowances.

ARTICLE FOURTH,

(551) OF THE INSPECTION OF FISH. SEC. 83. Fish not to be exported, unless inspected.

84. Inspectors to provide stores and yards for storing; to charge for same.
85. (Repealed.)
86 & 87. Barrels for packing fish, how to be made.
88. (Repealed.)
89. How much salt to be put in each; barrel to be branded. .
90. Inspector to brand merchantable fish; to destroy unsound fish.
91. If part of fish sound and part unsound, to separate them.
92. Weight of barrels and half-barrels of salmon trout; weight to be branded

on head.
93. Shad how to be packed and branded.
94. Certain inspected fish may be shipped without re-examination.

95. to 99. (Repealed.) 100. Penalty for intermixing or shifting fish after inspection; other penalties. 101. Penalty for exporting, &c, fish not inspected. 102. Fees of inspectors. 103. Inspectors allowed compensation for cooperage. 104. This Article not to apply to fish packed in foreign country, or in another state. $ 83. No pickled, or dry-salted, fish, shall be exported from fieh, when

to be inthis state to a foreign market, put up in barrels or half

spected. barrels, unless it shall have been inspected and branded agreeably to the provisions of this Article."

This article was compiled, with some alterations, from the following

statutes; 2 R. L., 330, Laws of 1823, 270; Laws of 1825, 268; see

Laws of 1843, ch. 202. S 84. Every inspector of fish shall provide himself with Store and good and sufficient stores and yards, capable of receiving and storing such fish as shall be brought to him for inspection, and in such places, as shall be most convenient for his employers; but he shall make no charge for the storage of fish inspected by him, if it shall be removed within three days after notice given of such inspection.

S 86. Every barrel or half-barrel, in which pickled fish shall Bowen

yard,

TITLE 2

Barrele, how made,

Fish to be salted and branded,

Proceedings of inspector

$2 be packed for inspection, shall be made of well-seasoned,

white, red, black or rock oak, white ash, or white pine timber.

$ 87. Except in the county of Jefferson, every such barrel or half barrel shall have twelve good hoops, and be perfectly tight; the length of a stave for a barrel shall be twenty-eight inches, and the distance between the chimes, not less than twenty-six inches, and the diameter of the head, from stave to stave, sixteen and an half inches; the staves for every halfbarrel shall be twenty-four inches long, and the diameter of the head be thirteen inches.

Laws of 1835, ch. 92, repealed secs. 85, 88, 95, 96, 97, 98, 99. (552)

S 89. It shall be the duty of every person who shall put up or barrel any fish for exportation, except in the county of Jefferson, to put one bushel of good salt into each barrel of fish, so put up, and to brand the same with the name of the fish contained therein, and with the initials of his own christian and surnames, and the name of the place where the fish shall be put up.

S 90. Every inspector, to whom fish shall be brought for inspection, shall open one of the heads of the barrel in which it shall be contained, and if the fish be sound and merchantable, and there shall be a sufficient quantity of salt for its preservation, he shall brand his name, and the place of his residence, on the head of such barrel; if the fish be unsound, the inspector shall destroy it. If the barrel be not full, or do not contain a sufficient quantity of salt, the inspector shall fill it with sound and merchantable fish, or add a sufficient quantity of salt, as the case shall require.

S 91. If it shall appear to the inspector, that a part of the fish so examined by him is unsound, and a part sound, he shall separate the sound from the unsound, and re-pack, fill up, salt, inspect, and brand the barrel, in the manner directed

in the preceding section. Weight of $ 92. Every barrel of salmon, or salmon-trout, inspected,

shall contain two hundred pounds weight, and every halfbarrel, one hundred pounds weight; and on one of the heads of every such barrel or half-barrel, the weight of the fish contained therein, shall be marked or branded by the inspector.

S 93. Shad offered for inspection shall be packed in barrels and half barrels of the size and quality of those in which beef and pork are required, by law, to be packed, and shall be re-packed, inspected and branded in the same manner as salmon.

S 94. All fish duly inspected in the counties of Suffolk, Queens and Kings, may be shipped and exported from the city of New York, without being subject to re-examination.

See Laws of 1835, ch. 92. (563) S 100. Every person who, with intent to defeat the proPenalty. visions of this Article, shall intermix, take out or shift any

fish, in any barrel or cask inspected and branded, or put into

salmon.

Shad.

Fish in
Suffolk, &

ART. 6

any such barrel or cask, any other fish, for sale or exportation, or deface or change the mark or brand of any inspector, shall, for each offence, forfeit the sum of twenty-five dollars,

$ 101. Every person who, contrary to the provisions of this Penalty. Article, shall export to any foreign port, or offer to sell for such exportation, any fish not duly inspected, shall forfeit a sum equal to the full value of the fish, so exported or offered for sale.

$ 102. Every inspector of fish shall be allowed the following Fees. fees, to be paid, by the owner, or person having charge of the fish offered for inspection :

1. For every barrel of pickled fish, by him inspected and (854) re-packed, thirty-seven and a half cents, and nineteen cents for every half barrel :

2. For every barrel and half-barrel of pickled fish, by him inspected, and not re-packed, twelve and a half cents :

3. For every barrel and half-barrel of dry-salted fish by him inspected, twelve and a half cents :

4. For every tierce of salmon, inspected by him, fifty cents; and for every keg, twelve and a half cents; and the same fees shall be allowed for fish condemned by the inspector, as for fish inspected, re-packed and branded.

$ 103. Every inspector shall also be allowed a reasonable Extra.comcompensation for his expenses and trouble for necessary cooperage, for filling up with sound and merchantable fish, for adding salt, and for destroying unsound fish; and the compensation and fees of the inspector shall, in all cases, be a lien on the fish inspected.

S 104. The provisions of this Article shall not be construed Limitation. to apply to fish put up and packed in foreign countries, and imported into this state ; or put up and packed in any other state agreeably to the laws of such state.

e tierce offel ve androdemned by th

ARTICLE FIFTH.

OF THE INSPECTION OF FISH OR LIVER OIL. SEC. 105. Fish oil to be inspected.

106. Duty of inspectors of fish oil. 107. Persons holding fish oil, to put it in a convenient place. 108. Penalty for counterfeiting brands; and other penalties. 109. Powers of inspectors in New-York and Troy. 110. Fees of inspectors. 111. All oils, except fish or liver oil, exempt from inspection. $ 105. No liver oil, commonly called fish oil, shall be bought, Liver oil to

be inspected sold or bartered in, or in any manner shipped, exported or conveyed from, the cities of New York, Albany, and Troy, and the villages of Brooklyn, Lansingburgh and Waterford, unless it shall have been inspected, gauged and branded, agreeably to the provisions of this article.

This Article is a revision of the following statutes: Laws of 1818, 54,

1819, 8; see Laws of 1843, ch. 202. § 106. It shall be the duty of each inspector of fish oil,

Duty of

inspector. I. — 65

TITLE 2

Barrele, how made.

Fish to be Balted and branded,

Proceedings of inspector

be packed for inspection, shall be made of well-seasoned, white, red, black or rock oak, white ash, or white pine timber.

$ 87. Except in the county of Jefferson, every such barrel or half barrel shall have twelve good hoops, and be perfectly tight; the length of a stave for a barrel shall be twenty-eight inches, and the distance between the chimes, not less than twenty-six inches, and the diameter of the head, from stave to stave, sixteen and an half inches; the staves for every halfbarrel shall be twenty-four inches long, and the diameter of the head be thirteen inches.

Laws of 1835, ch. 92, repealed secs. 85, 88, 95, 96, 97, 98, 99. (552)

S 89. It shall be the duty of every person who shall put up or barrel any fish for exportation, except in the county of Jefferson, to put one bushel of good salt into each barrel of fish, so put up, and to brand the same with the name of the fish contained therein, and with the initials of his own christian and surnames, and the name of the place where the fish shall be put up.

$ 90. Every inspector, to whom fish shall be brought for inspection, shall open one of the heads of the barrel in which it shall be contained, and if the fish be sound and merchantable, and there shall be a sufficient quantity of salt for its preservation, he shall brand his name, and the place of his residence, on the head of such barrel; if the fish be unsound, the inspector shall destroy it. If the barrel be not full, or do not contain a sufficient quantity of salt, the inspector shall fill it with sound and merchantable fish, or add a sufficient quantity of salt, as the case shall require.

S 91. If it shall appear to the inspector, that a part of the fish so examined by him is unsound, and a part sound, he shall separate the sound from the unsound, and re-pack, fill up, salt, inspect, and brand the barrel, in the manner directed in the preceding section.

$ 92. Every barrel of salmon, or salmon-trout, inspected, shall contain two hundred pounds weight, and every halfbarrel, one hundred pounds weight; and on one of the heads of every such barrel or half-barrel, the weight of the fish contained therein, shall be marked or branded by the inspector.

$ 93. Shad offered for inspection shall be packed in barrels and half barrels of the size and quality of those in which beef and pork are required, by law, to be packed, and shall be re-packed, inspected and branded in the same manner as

salmon. Fish in S 94. All fish duly inspected in the counties of Suffolk, Suffolk, &c.

Queens and Kings, may be shipped and exported from the city of New York, without being subject to re-examination.

See Laws of 1835, ch. 92. [533]

$ 100. Every person who, with intent to defeat the proPenalty. visions of this Article, shall intermix, take out or shift any

fish, in any barrel or cask inspected and branded, or put into

Ib.

92. Every two hundred peight; and

Weight of
Balmon.

Shad.

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