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ART. 5.

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

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S 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 (554) 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.

S 103. Every inspector shall also be allowed a reasonable Betsat.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.

pensation,

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. S 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.

Duty of S 106. It shall be the duty of each inspector of fish oil,

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1. To gauge and inspect any quantity of fish oil, whenever required; and to make search for fish oil within his district, and to inspect and gauge the same :

2. To brand on each cask so inspected and gauged, the whole number of gallons it shall gauge, the quantity of water, the quantity of sediment, and the quantity of pure oil therein; together with his own name, and the name of the place for which he was appointed :

3. To make, subscribe, and deliver to the owner or holder of the oil, a certificate exhibiting, in separate columns, the quantity of each of the before mentioned ingredients, contained in the whole parcel of oil inspected.

S 107. It shall be the duty of all persons holding fish oil, to put the same in a convenient position for gauging or inspecting, whenever required by the proper inspector.

$108. Every person who shall counterfeit or alter the brands made by an inspector: or who shall mix, or in any manner adulterate any cask of oil, after it shall have been branded; or who shall buy, sell, or barter any oil subject to inspection, which has not been inspected in any place, in which an inspector is authorised to act; or who shall convey, or cause to be conveyed from such place, any such oil which has not been inspected; or who, upon emptying any cask of fish oil, shall not immediately efface the inspector's brands ; shall forfeit the sum of twenty-five dollars for each offence.

$109. The powers of the inspector of fish oil for the city of New York, shall extend to and include the village of Brooklyn; and those of the inspector for the city of Troy, shall extend to and include the villages of Lansingburgh and Waterford.

$ 110. Every inspector for gauging, inspecting, branding, and certifying the contents of each cask of oil inspected by him, shall be entitled to receive twenty cents from the owner or holder of such oil, who may charge one half of the fees paid by him to any subsequent purchaser.

$ 111. All other oils than liver oil, commonly called fish oil, shall be exempt from inspection under the provisions of this Article.

Powers of inspectors.

Fees of inspectors.

See Laws of 1836, ch. 475.

Certain oils exempt.

ARTICLE SIXTH.

OF THE INSPECTION OF LUMBER.
SEC. 112. Lumber not to be exported until inspected.

113. How lumber to be measured; deduction to be made.
114. Inspectors to mark number of feet.
115. Contents of mahogany how stated.
116. Penalty for shipping without inspection.
117. Penalty for shipping shingles without inspection.
118. Penalty for inspecting lumber without authority,
119. Inspectors not to employ deputies; not to trade in lumber.
120, Fees of inspectors.
121. When inspector to be paid according to agreement:

ART. 6

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SEC. 122. All shingles offered for sale may be inspected.

123. Bundles of shingles to be branded, &c. 124. Duty of the owner of shingles so presented for inspection. 125. What shingles to pass inspection; not to be subjected to re-inspection. 126. Penalty on inspectors, deputies, &c. 127. Fees for inspecting and branding such shingles. $ 112. No timber, plank, boards, scantling, or cypress Timber,

plank, &e., shingles, shall be exported by sea from this state, to any port to be inout of the territorial limits of the United States, that shall spected. not have been duly inspected by an inspector of lumber, [556] according to the provisions of this Article.

This Article, except the last six sections, is a revision of the following

statutes: 1 R. L., 237; Laws of 1819, 47; Laws of 1822, 241 ; see

Laws of 1843, ch. 202; 17 W., 327. S 113. The inspectors of lumber shall measure the entire How meacontents, without any deduction, of raft timber and spars ; except in cases where by express agreement, they are required both to measure and inspect; in which cases there shall be no other deduction made, than what, in their judgment, is the exact quantity of unsound timber contained therein. They shall render to their employers, bills of the lumber inspected, stating the number of feet contained therein, and whether the same has been measured only, or both measured and inspected; and if inspected, they may make and state four qualities, if in their opinion it becomes necessary.

S 114. The inspectors shall mark with a marking iron, on How.com all timber by them inspected, except mahogany, red cedar and live oak, the number of feet contained therein, either in cubic or superficial measure; the number of feet in mahogany, red cedar and live oak timber, shall be expressed in their bills, severally annexed to the number of each log; and all raft timber shall be numbered, and the bills made in like manner.

S 115. The inspectors, when employed to measure or inspect Mahogany mahogany logs or square timber, shall set forth in the bill or timber. return of such measurement, together with the number and contents in feet, the length, width and thickness of each log or square piece so measured.

$ 116. Every person who shall ship on board of any vessel, Penalty for for exportation to any foreign port, contrary to the provisions ani of this Article, any lumber that has not been inspected by an lumber. inspector, shall forfeit for every thousand feet superficial measure so shipped, the sum of two dollars and fifty cents.

See Laws of 1843, ch. 202.. S 117. Every person who shall ship on board of any vessel, Ib. Cypress

shingles. for exportation to any foreign market out of this state, any cypress shingles which have not been inspected by an inspector, and which shall not be at least twenty-two inches in length, three inches and one half of an inch in breadth, and three-eighths of an inch thick, shall forfeit the sum of two dollars for every thousand shingles so shipped.

See Laws of 1843, ch. 202.

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S 118. Every person, not appointed and authorised as an Penalty for inspecting, inspector, who shall measure or inspect any lumber or cypress

shingles, in any place for which an inspector is appointed, shall forfeit to the inspectors of lumber, in such place, the sum of ten dollars, for every such offence. But the inspectors

residing in Troy, may inspect at Gibbonsville or West Troy, (557) in the county of Albany; and the inspectors of Albany may inspect at Bath and Greenbush, in the county of Rensselaer.

See Laws of 1834, ch. 196.

$ 119. No inspector of lumber shall employ any deputy, to tion.

inspect in his name; and every inspector who shall, directly or indirectly, buy or sell any lumber or cypress shingles, except for his own use, shall be deemed guilty of a misde

meanor, and on conviction, shall forfeit his office. Fess of in- $ 120. Every inspector of lumber shall be entitled to receive

the following fees, to be paid, one-half by the buyer, and onehalf by the seller:

1. For every ton of forty cubic feet of raft timber, measured and inspected, eight cents; and if measured only, five cents:

2. For every thousand feet, superficial measure, of boards and plank, thirty-seven and a half cents, if inspected; but if measured only, twenty-five cents:

3. For every thousand feet, inch measure, of beams and scantling, twenty-five cents:

4. For every thousand feet, superficial measure, of mahogany, one dollar:

5. For every thousand cypress shingles inspected, eighteen cents.

$ 121. In all cases where, from the character of the lumber, the fees of the inspector cannot be calculated under the preceding section, he may receive such compensation as his employer shall consent to pay, provided he make known to

such employer, the fees actually allowed in this Article. Shingles. S 122. All shingles offered for sale in this state, may be 18 inspected by the inspectors of lumber.

Act of the 19th of April, 1828, 332, ch. 261. Bandles to S123. Each bundle of shingles so inspected, shall be

led. branded across the butts or sides, as follows: No. 1, No. 2,

No. 3, No. 4, or with the letter R, or with the letter 0, together with the name of the inspector, and the name of the place where inspected:

No. 1 shall be at least eighteen inches long, four inches wide, half an inch thick at the butt, straight rifted, and full breasted:

No. 2 shall be at least eighteen inches long, seven-sixteenths of an inch thick at the butt, four inches wide, straight rifted, and full breasted:

No. 3 shall be at least seventeen inches long, average four inches wide, and none shall be less than three inches wide, three-eighths of an inch thick at the butt, straight rifted, and

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be branded.

ART. 7.

owners of

shall hold their width three-fourths of the way to the thin end, and be well shaved:

No. 4 shall be at least fifteen inches long, average four inches wide, and none shall be less than three inches wide, three-eighths of an inch thick at the butt, straight rifted, and (558) shall hold their width three-fourths of the way to thin end, and be well shaved:

All shall be made of good stuff and free from imperfections, shall be cut square across the butts, and shall be packed in good and sufficient bands of hard wood, and well secured by wedges:

Refuse shingles shall be branded R, and shall consist of all such as will not pass inspection for either of the other classes, unless they shall be so bad as not to be worth half the price of No. 1, in the estimation of the inspector, in which case they shall be branded 0.

Act of the 19th of April, 1828, 332, ch. 261. S 124. It shall be the duty of the owner of shingles pre- Duty of sented for inspection, or his agent, to place such shingles as shingles. are required to be inspected, in such a situation as that the bundles may be conveniently examined by the inspector or his assistants. S 125. No quality of shingles shall pass inspection unless How to be

packed. so packed as to contain by admeasurement, either one-quarter thousand, one-half thousand, or three-quarters of a thousand in each square bundle. Shingles inspected under the preceding provisions shall not be subjected to re-inspection in this state.

S 126. If any inspector, his deputy, or assistants, shall be Penalty. guilty of any fraud or neglect in the inspection of shingles, contrary to the true intent and meaning of the preceding provisions, or shall brand or mark any shingles which he has not inspected, he shall forfeit and pay for each bundle so falsely branded or marked, one dollar, to be sued for and recovered by the person or persons injured thereby.

$ 127. The inspector shall be allowed for his fees for inspect- Fees. ing and branding at the rate of twelve cents per thousand for all shingles he shall so inspect, one-half to be paid by the buyer, the other half by the seller, but in no case shall the inspector be the purchaser.

.

ARTICLE SEVENTH.
OF THE INSPECTION AND CULLING OF STAVES AND HEADING.
Sec. 128. No staves or heading to be exported without inspection.

129. What staves to be culled as merchantable.
130. Inspector-general to superintend cullers in his county.
131. Cullers iu New-York and Albany to make monthly return.
132. Disputes how to be determined.
133. Fees of inspector-general; by whom paid.

134. Fees of cullers in New York and Albany., • 135. Fees of cullers in other cities and counties.

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