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TITLE 2.

SEC. 136. Inspector-general to have power to search vessels, &c.

137 & 138. Cullers in other counties to apply for a warrant to search vessels.
139. Cullers may seize staves or heading shipped contrary to law.
140. Penalty for shipping staves or heading contrary to this Article.
141. Inspectors-general not to trade in staves, &c.
142. Inspectors-general to furnish cullers a copy of laws.

143. Inspectors-general to make annual report. [559] S 128. No staves or heading shall be exported by sea from Staves and this state, to any port out of the territorial limits of tho heading to be inspect United States, unless they shall be inspected and culled, in

the manner herein after provided, and on such inspection shall be declared merchantable.

This Article is a revision of the following statutes: 2 R. L., 336; Laws

of 1821, 33; 1823, 49; 1827, 246; see Laws of 1843, ch. 202. Manner of $ 129. All staves and heading, intended for such exportainspection,

tion, shall be inspected, by an inspector-general or culler of staves and heading, at the port whence they are to be shipped, and none shall be culled as merchantable, on such inspection,

unless they shall be of the following description : Butt staves. 1. All butt staves shall be made of good white oak timber,

and shall be of the following dimensions: the long butts shall be five feet six inches long, the short butts four feet six inches long, and both at least five inches broad when dressed, clear of sap, two inches thick on the thinnest edge, and not more than two and an half inches thick, in any place, and shall be regularly split with the grain of the wood, and free from twist,

and be otherwise good and sufficient: Pipe staves. 2. All pipe staves shall be made of good white oak timber,

and shall be four feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than six worm holes, and be otherwise good and sufficient:

3. All white oak hogshead staves shall be made of good timber, and shall be three feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be · three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm-holes, and shall be otherwise good and sufficient:

4. All barrel staves shall be made of good white oak timber, and shall be two feet eight inches long, and shall work three and a half inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm holes, and shall be otherwise good and

sufficient : Hogshead 5. All hogshead heading shall be made of good white oak heading.

timber, and shall be two feet eight inches long, and shall not be less than five inches broad, clear of sap, two thirds of which shall be fit for middle pieces, and shall not be less than three fourths of an inch thick on the thin edge, regularly split

and sli, pipo wise go the sma

Hogshead staves.

Barrel staves,

staves.

Duty of inspector

be appohe city and me

of the persom, specifictor-gener in every

with the grain of the wood, and be otherwise good and suffi- ART. 7. cient:

6. All red oak, or rock oak hogshead staves, shall be three Hogshead feet six inches long, three and a half inches broad, including sap, or three inches broad clear of sap, and shall be three [580] quarters of an inch thick on the thin edge.

$ 130. Every inspector-general of staves and heading, shall Breton superintend the cullers of staves and heading within the city general. and county for which he is appointed, and shall give them such instructions and directions, as he may deem necessary to carry into execution the laws prescribing their duties; he may remove from office any such culler who, in his opinion, shall violate or neglect, or be incompetent to perform, his duties, and shall give immediate notice to the governor, of every vacancy that shall occur in the office of any culler, under his superintendence.

$ 131. The cullers in the cities and counties of New-York Daty of and Albany, shall obey such instructions as from time to time they shall receive from the inspector-general, for the city and county for which they shall respectively be appointed, and each of them, as often as once in every month, shall make a return to such inspector-general, of the staves and heading culled by him, specifying the different times, and the names of the persons for whom they were culled.

$ 132. The inspectors-general shall have the sole power of Dispatet dedi determining all disputes that shall arise respecting the culling of staves and heading in the cities and counties for which they are appointed; but in counties where there is no inspectorgeneral, every dispute between the buyer and seller of staves and heading, respecting the culling thereof by the culler employed for that purpose, shall be submitted to two persons, one to be chosen by the buyer, and the other by the seller, who shall be associated with such culler, and their determination, or that of any two of them, shall be conclusive.

$ 133. Each inspector-general shall be entitled to receive, Inspectora" on every thousand merchantable staves and heading, which shall be culled in the city and county for which he is appointed, ten cents, one half to be paid by the buyer, and the other half by the seller; and for all such staves or heading as are culled out, and not merchantable, he shall be entitledi to receive, from the proprietor thereof, the same compensation..

$ 134. The cullers in the city and county of New-York, and Culler's secs in the city and county of Albany, shall be entitled to receive, as a compensation for culling every thousand pipe staves, sixty cents; for every thousand hogshead staves and heading, fifty cents; for every thousand barrel staves, forty cents; for every thousand long butt staves, one dollar and twenty cents; for every thousand short butt staves, one dollar, and no more; one half to be paid by the buyer, and the other half by the seller; and for all such staves or heading as are culled out and not merchantable, they shall be entitled to receive from the (561)

nd headit in counties the buyer oreof by

toes.

TITLE 2

S 135; all be ente hundred pipe staline, thiraves,

35. The cuntitled to rec staves ores, fifty

duties of

general in New York.

proprietor thereof the same compensation, in all cases : ten

hundred staves or heading to a thousand, and no more. Caller's fees S 135. The cullers in the other cities and counties of this

state, shall be entitled to receive the following compensation, computing twelve hundred staves or heading to a thousand : For culling every thousand pipe staves, fifty cents; for every thousand hogshead staves and heading, thirty-seven and an half cents; for every thousand barrel staves, twenty-five cents; for every thousand long butt staves, one dollar and twenty-five cents; for every thousand short butt staves, one dollar: one half of which compensation shall be paid by the buyer, the other by the seller. For staves and heading that shall be culled out as not merchantable, the owner shall pay to the culler the price of culling merchantable staves and

heading. Powers and S 136. The inspector-general for the city and county of inspector- New-York shall have full power, and it shall be his duty to

enter on board of every ship or vessel within the limits of such city or county, which he shall suspect to have on board, shipped for exportation, any staves or heading not culled according to law, or condemned on culling as not merchantable, and to seize and cause to be re-landed, all such staves and heading that he shall discover on such search, and all such as he shall find to be sawed in two or more parts. The staves and heading so seized shall be forfeited, and be sold by the inspector-general ; and the proceeds thereof, deducting necessary expenses, shall be paid by him to the chamberlain of the city of New York, for the use of the poor of that city.

Seo Laws of 1843, ch. 202. Ib. of cullers $137. It shall be the duty of every culler, in every county,

except in the city and county of New-York, who shall suspect that any staves or heading not culled, or condemned on culling, have been shipped for exportation to a foreign market, on board of any vessel within the limits of the county for which he is appointed, to apply to some justice of the peace in the same county, and to make oath before him of such suspicion, and the causes thereof.

See Laws of 1843, ch. 202. Proceedings S 138. The justice so applied to, if he shall deem the suspi

cion well founded, shall issue his warrant to such culler, authorising him to enter on board of any vessel within the limits of the county, and to search for and make discovery of any such staves or heading, shipped for exportation contrary to law." .

$ 139. If such culler shall discover on board of any such vessel any staves or heading shipped for exportation contrary to law, he shall seize the same, and cause them to be re-landed, and shall detain them in his possession, until the owner thereof shall have paid the expense of such search and re-landing.

ART. &.

ors and cul

$ 140. Every person who shall ship for exportation, contrary Pensity to the provisions of this Article, any staves or heading, shall shipper. forfeit five dollars for every thousand of such staves and [562] heading, so illegally shipped ; and every master of a vessel shall forfeit two dollars and fifty cents for every thousand of staves and heading, that he shall take on board his vessel, to be exported contrary to law.

$ 141. No inspector-general, or culler of staves and heading, On inspectin the city and county of New York, or in the city and county lers. of Albany, shall buy or sell, either on his own account, or as agent or dealer for any other person, any staves or heading whatever, under the penalty of fifty dollars for each offence; but this section shall not be construed to prevent an inspectorgeneral, or culler, who shall be a cooper, and actually carrying on business as such, from buying staves and heading for the use of his trade.

$ 142. It shall be the duty of each inspector-general, to Duty of furnish to every culler under his superintendence, a copy of general. this Article, and of every future law that shall be passed, regulating the culling of staves and heading, within the city and county for which he is appointed.

$ 143. Each inspector-general shall make an annual report Ib. Annual to the governor, to be by him laid before the legislature, and report. in such report shall state what number of the respective kinds, of staves and heading, have been culled during the year for which the report is made, in the city and county for which he is appointed, and shall set forth whether any, and if any, - what amendments ought to be made to the laws regulating the culling of staves and heading, within such city and county.

we inspector

ARTICLE EIGHTH.

OF THE INSPECTION OF FLAX-SEED.
SEO. 144. No flax-seed to be shipped without inspection.

145. Flax-seed for exportation to be put in casks.
146. Casks to be marked or branded.
147. Duty of inspectors.
148. Penalty for acting as inspector without authority.
149. Penalty for lading vessels with uninspected flax-seed.
150. Inspectors may employ deputies.
151. Ņo inspector or deputy to trade in flax-seed.
152. Fees of inspector.

153. To receive fees for measurement in certain cases. · S 144. No flax-seed shall be shipped for exportation, to any Flax seed

to be inforeign market; from the city and county of New-York, unless spected. it shall have been inspected, approved and branded, according to the provisions of this Article.

This Article is a revision of the act of 1822: Laws of 1822, 148; see

Laws of 1843, ch. 202. $ 145. All flax-seed intended for such exportation, shall be How put up. put in good and strong casks ; such casks shall be of two

I. - 66

TITLE 2.

marked.

Duty of inspector

sizes, one size to contain not less than seven, and the other

not less than three and a half bushels. (5631 $ 146. Every such cask, when the flax-seed contained therein Casks, how shall have been cleaned, shall be marked, or branded, with the

initials of the christian name, and with the surname, at full length, of the person by whom the flax-seed was cleaned, and the name of the city or county where it was cleaned.

S 147. It shall be the duty of the inspector of flax-seed,

1. To examine all such casks of flax-seed, intended for exportation ; and in such examination, to open at least one cask of every twenty he shall inspect, and as many more as he may think necessary :

2. To ascertain, by measurement, whether such casks contain the proper quantity of bushels and half bushels, and to bore every cask to ascertain the quality of the flax-seed therein :

3. To brand on every cask made, marked and branded according to the provisions of this Article, and containing the proper quantity of flax-seed, and on no others, the initials of his christian name, and his surname, at full length, together with the name of the city where inspected, on the quarter, and in a legible manner :

4. To brand on each cask of flax-seed of the first quality, the word “First ;" on each cask of the second quality, the word “Second ;” and on each cask of the third quality, the

word “Third.”' Penalty. $ 148. Every person, not authorised by law, who shall

exercise the duties of the inspector of fax-seed, shall forfeit to such inspector the sum of one hundred dollars, for each offence.

$ 149. Every person who shall lade, or attempt to lade, any vessel with flax-seed not inspected according to law, for the purpose of exporting the same from the city of New York, to any foreign place, shall forfeit for every such cask, the sum of ten dollars.

See Laws of 1843, ch. 202. - $ 150. The inspector of flax-seed may employ one or more deputies, to inspect in his name, and for whose acts he shall

be responsible. Prohibi

151. No inspector or deputy inspector, of flax-seed, during the time that he shall continue in office, shall be directly or indirectly engaged or interested in buying, selling, or cleaning flax-seed, either on his own account, or the account of other persons; and every inspector or deputy who shall violate This prohibition, shall forfeit, for each offence, the sum of five

hundred dollars. Fees of in. S 152. The inspector of flax-seed shall be entitled to receive

for inspection, the following fees :

1. For every cask of flax-seed of seven bushels, five cents : 2. For every cask of three and an half bushels, three cents :

Deputies.

tion,

spector.

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