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feiture of the debt as aforesaid, shall, within three days after such conviction rettore to the matter or mistress of such apprentice, servant or llave, all such cloathing or other goods, chattels, wares or merchandize, which he, lhe or they shall have fo taken or received, from any such apprentice, fervant of Nave; or shall forfeit and pay unto the master or misirels of such apprentice, krvant or llave, double the value of all such clothing, or other goods, chattels, wares or merchandize, which he, she or they shall have to taken or received as aforesaid; to be recovered by such master or mistress, his or her executors or administrators, with costs of fuit, in any court having cognizance thereof.

XVII. And be it further enacted by the authority aforesaid, Jumbolders trufing That if any innholder or tavern-keeper within this itate, travellers, more than fhall trust or credit any person or persons, other than travelquors, or tavern ex- lers, more than, or above the sum of ten shillings, lawful debees , to dote the money of this fate, for any sort of frong or fpirituous

liquors, or other tavern expences, he, she or they so trusting or crediting any person or persons as aforesaid, shall lose the debt, and be fore ever disabled from suing for, or recovering the fame, or any part thereof. And if any innholder or tavern-keeper, shall sue for any such debt above the sum of ten shillings, contrary to the irue intent and meaning of this act, the person or persons sued, shall and may plead this act in bar; and if the plaintiff in such fuit shall become nonfuit, or a verdict or judgment shall be given for the defendant, every such plaintiff shall pay double cofts.

XVIII. And be it further enaĉied by the authority aforesaid, That if any innholder or tavern-keeper shall take or get, from any person or persons, trusted as aforesaid, any note, bill, bond or other security, for any sum above ten shillings, for any strong or spirituous liquors, by him or her fold or drank, in, or at his or her house, under pretence that it is for victuals, pipes, tobacco or any other thing, whereby to evade this act; every such note, bill, bond or other security, shall be void, and the defendant or defendants may plead this act in bar, to any action or suit to be brought thereon. And further, *That every person who shall be convicted of an offence against this clause of this act, shall forfeit double the suin mentioned in and intended to be secured by fuch note, bill, bond or other security; to be recovered by action of debt, bill, plaint or information, with costs of suit, in any court in this state, having cognizance thereof.

XIX. Provided alumy's, and be it further cnadied by the allThis name mot torproga thority aforefid, That nothing in this a& contained, shall be recovering any debe construed or taken to debar any innholder or tavem-keeper vellers,or pertons who from taking, receiving or recovering any sum or sums of max le ledgers in money which shall or may become due, and owing to him thoir .

or her, from any person or persons who shall or may be lodgers in his or her house, or from travellers not residing in such city or town; any thing in this act contained to the contrary notwithstanding.

XX. And be it further enacted by the authority aforesaid, Innholders to put up That every innholder or tavern-keeper, shall, within thirty a

days after obtaining his or her permit, put up and fix a proper sign on or adjacent to the front of his or her house, with his or her name thereon, and keep such sign up during the time he or she shall keep an inn or tavern, under the penalty of ten shillings for every month's neglect thereof.

XXI. And be il further enacted by the authority aforesaid, Penalties and for. fcitures iinposed by That all and every the penalties and forfeitures, imposed iz

houses,

this aet, how to be and by this ad, shall and may be recovered, with costs of fued for, recovered and applied.

fuit, in any court within this state, having cognizance there.

of, by any person or persons who will fue and profecute for the fame to effect, unlefs in this act otherwise provided ; and the one moiety of the said penalties and forfeitures, not in and by this act otherwise appropriated, shall, when recovered, be paid to the overleers of the poor of the city or town in which each respective ofence shall happen, for the use of the poor thereof; and the other moiety to the person or persons who shall sue for the fame as aforesaid.

XXII. And be it further enated by the authority aforesaid, That all laws of the late colony of New York, and of this ftate, heretofore pafled for the regulating of inns and taverns, and for retailing of spirituous liquors within this state, be, and the fame are hereby severally repealed.

CH A P. XLIX. An ACT to empower the Justices of ihe Peace residing in that l'ari of the

Towzibipof Scheneclady therein mentioned, to eftabiijh and regulate a MightWaich, and for other Purposes therein mentiored.

Pafied ift March, 1788, HEREAS the establishing a night-watch, and appointing firemen W which lays to the fouthward of the Mohawk-River, and not more than three quarters of a mile from the Dutch church, will tend to the safety and preservation of the inhabitants thereof; Therefore,

I. Be it enaĉied by the people of the fate of Neiv-Tork, represenlcd in senate And allembly, and it is hereby enacted by the authority of the fume, That it Ihall and may be lawful to and for the justices of the peace, or the major part of them for the time being, living or dwelling in that part of the townIhip of Schenectady, which lays to the fouthward of the Mohawk-River, and not more than three quarters of a mile distant from the Dutch church, to meet together with all convenient speed after the publication of this act, and being to met, they are hereby required and directed, to order, establich and regulate a night-watch, which watch shall consist of six men and an officer, for each niglit, out of the inhabitants of that part of the said town. snip herein before described, who shall, and hereby are required and directed, in their turns, to keep watch, and guard in such manner and at such times and places as the said justices shall order and dire&.

Il. And be it further enated by the authority afire aid, That it shall and may be lawful to and for the faid justices, or the major part of them, to make, establish and ordain, such rules, orders, ordinances and regulations, for the government, conduct, duty and behaviour of the said watch and watchmen, and to impose and effablish such realonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the duti's and services enjoined or required by such orders or ordinances as to the faid justices shall, from time to time, seem meet and convenient. Provided always, That no greater fine, penalty or forfeiture, shall be levied for any one offence, than fix shillings on an officer, and four shillings on every person or watchman.

HII. And be it further enaded by the authority aforesaid, That it all and may be lawful to and for the said justices of the peace, or the major part of

Vol. II.

lumber for the city and county of New York (which said inspector is hereby authorised and required to appoint such number of deputies under hiin asshall be neceifary, for whom he shall be accountable; which deputies are hereby fully empowered to act as deputy officers for carrying this act into execution> one inspector for the city of Albany; one inspector for the city of Hudson ore inspector for the landing at Kinderhook : and as many more in other pants of the state as may from time to time be necessary.

V. And be it fur hur enaĉed by the authorjiy aforelaid, That the said inspectors and their deputies, before they enter upon the execution of their offices, shall take the following oath before some person authorized to administer the lame, viz.

do solemnly swear, That I will faithfully, truly and impartially, according to the best of my judgment, skill and understanding, execute, do and perform the office and duty of an inspector of lumber, according to the true intent and meaning of the laws of this state relative to the same.

VI. And be it further enačied by the authority afurefaid, That the raid inspectors shall be entiiled to receive for inspecting all boards, plank and fcantling, at the rate of three snillings per thousand feet, fuperficial measure; and for square timber at the rate of fourteen pence per ton, consisting of forty cubical feet; and for shingles in bundles, at the rate of eighteen pence per thouland; the one half to be paid by the buyer, and the other half by the feiler.

VII. And be it further enaded by the authority afirefaid, Penalty for export. That if any person shall snip on board any ship or veflel for inz Innter without infpcétion. exportation out of this state, any boards, plank, fcantling, timber or shingles, but what has been inspected by one of the inspectors appointed by virtue of this act, he fall forfeit and pay, for every thousand feet lo shipped without inspection, the sum of twenty shillings; and for every thousand shingles, the suin of ten shillings; and the master of any ship or veliel who shall receive on board his veffel any boards, plank, timber or thingles, but what has been inspected by one of the inspectors, shall forfeit and pay

for every thousand feet fo taken on board, the sum often shillings ; and for every thousand shingles, the sum of five shillings; all which forfeitures inentioned in this act, may be recovered with costs, in any court having cognizance thereof, by any person who will sue for the fame, by action of debt, bill, plaint or information; the one half thereof to be for the use of the person fo fuing, and the other half for the use of the people of this state.

VIII. Ard be it further cnafted by the authority aforesaid, That this act shall be in force from and after the first day of October next.

CH A P. LV. Armended, 13th fell. ch. 33. An ACT to regulate the Repacking af Beef and Pork for

Exportation.

Pafied 7th March, 1788. HEREAS it is necessary that great care be taken in the repacking

of beef and pork, two of the staple articles of this flate: And whereas It is represented, that if proper places were appointed for the inipection of the same, and the number of inspectors fixed by law, it would prevent abufes: Therefore,

1. Be it enacted by the people of the fate of New York, represented in fenale and assembly, and it is hereby enacted by the authority of the Jame, That it shall and may be lawful for the person adminiftring the government of this state for the time being, by and with the advice and content of the council of appointment, to appoint two or more repackers of beef and pork, for the city and county of New-York; one or more for the city of Albany; one or more for the city of Hudson ; and as many in any other part of this state, as shall, from time to time, be necessary.

II. And be il further enačied by the authority aforesaid, That the inspectors to be appointed by virtue of this act, shall provide themselves with good and fufficient stores, capable of receiving and storing such beef and pork as may be brought to them for inspection; and the inspectors for the city and county of New-York, shall provide themselves with as many stores as may be necesfary : Provided, Such fores be on some of the docks or wharfs of the faid city, and that one of such stores shall be at or near the Albany-pier, and another at or near Burling's-flip; and no such inspector Thall be allowed any thing for storage of the fame beef and pork, if the owner shall remove the fame within three days after the same shall be repacked.

III. And be it further enacted by the authority aforeluid, Size and description That all barrels in which any beef or pork shall be repacker, beet ur prk may be shall be inade of good white-oak faves and heading, with .

twelve hoops on each barrel, and shall contain not less than thirty-one gallons, nor more than thirty-two gallons, and be as nearly straight as possible, and sufficient to hold pickle'; and that all half barrels shall be made of the like materials, and contain one half as many gallons as the whole barrels.

IV. And in order to encourage the raising of large hogs, and making of fat beef, Be it further cuaded by the authoriiy aforesaid, That from and atier the first day of October next, the inspectors jo to be appointed, Maliex.imine and fort all beef and pork to be by them repacked, and such as is well fatted, Ihall be repacked and branded on the head, first quality; and such as is inferior, second quality; and that each barrel of beef shall contain two hundred

Contents of a barrel and twenty pounds of beef; the first quality of which shall of beef.

not have more than two hocks or shins, one half of a neck, and shall have at leaft one round in each barrel, and be otherwise well farted. The second quality shall not have more than three hocks or shins, and one half neck in each barrel; and be otherwise merchantable beef. And that

Contents of a barrel each barrel of pork Mall contain two hundred and ten of pork.

pounds of pork well farted; the first quality of which shall not have in each barrel more than three shoulders without the legs, which shall be cut up to the knees, and not to exceed two heads; which heads Mall have the ears and Inouts cut off, and shall not exceed in weiglat thirty pounds: The second quality shall not have in each barrel more than five shoulders without the legs, and not more than two heads, which mall not exceed thirtv pounds in weight, and Mall be otherwise merchantable pork; and that all half barrels both of beef and pork, shall contain one half the quantiiy of whole barrels, and be in every respect as to quality, the fame as whole barrels; and in every barrel of beef or pork, there mall be at leastonehali balcl of good Lifbon or hard falt; and in every half barrel, one peck.

V. And be it füriker c:aded by the authori'y ofercbair', No beer or pork to That no beef or pork shall be repackel, unildie came has noi die well balced, been laid in Sait a fufficient time before ficha sea kig; ud

branded

and when repacked, all casks of beef and pork so repacked, fall be branded with

"the initial letter of the packer's christian name, with his furname at full length, and the name of the place where repacked, and with the word, beef or pork, and the words, first or second quality, as the cale may be ; and every repacker of beef and pork shall carefully secure his marking irons, so as to put it out of the power of his servants or others to obtain and make use of the fame, contrary to the true intent and meaning of this aét.

VI. And be it further enacted by the au'hority aforesaid, That every of the repackers to be appointed by virtue of this act, ihall, before he enters upon the execution of his office, take the following oath, before any justice of the peace, viz. 1

do folemnly swear, That I will faithfully, truly and impartially, according to the best of my judgment, skill and understanding, execute, do and perforin the office and duty of an inspector and examiner of beef and pork, according to the true intent and meaning of the laws of this ftate relative to the same; and that I will not, directly or indirectly, brand, or suffer to be branded, any calks of beef or pork, but what shall be found and good.

VII. And be il further enatled by the authority eforefaid, All bect and park That all beet and pork repacked between the firft day of atins, to be pickled. April, and the first day of O&ober, in every year, shall, ar the time of repacking the same, be pickled with a good strong pickle, made of fiesh water, and of Salt not finer than Lisbon salt, and that each barrel, to prevent the pickle from leaking, shall be well trimmed, and nailed with at least three nails on each head, and with at leait three pegs on each quarter.

VIII. Provided always, and, be it further enacted by the auBefore pork may be thority afore suid, That it shall and may be lawful for any velied, but not in owner of any beef or pork, to have the fame repacked in

any itore, yard or vessel, by either of the repackers so to be appointed as aforesaid : But no beef or pork shall be repacked in any ftreet or on any wharf; and that the repackers shall have and receive from the owner of such beef and pork, for repacking the same in the store by them provided for that purpose, at the rate of one Thilling for each barrel, and eight-pence for each halt barrel ; and if repacked in any other store, yard or vessel, one fhilling and three-pence for each barrel, and nine-pence for each half barrel ; and whether repacked in the store provided by the repacker, or in the yard, or store, or vetlel, for each hoop wanting, and put on by such repacker, twopence; and for flagging, nailing, pegging and pickling each barrel, nine-pence, and each half barrel, lix-pence; the owner finding or paying for the falt.

IX. And be it fierther enacted by the authority aforesaid, That if any repacker of beef or pork, shall neglect or delay to repack any beef or pork, when thereunto required by the owner or owners thereof, for the space of fortytight hours, every such repacker shall for each neglect, pay to such owner or owners, the sum of forty shillings.

X. And be it further enabled by the authority aforesaid, Peminin Cangiting That if any person or persons shall

, at any time hereafter, por pork atter it has intermix, take out or shift any beef or pork that has been beeii

repacked and branded as aforesaid, every person so taking out, intermixing, and fraudulently shifting fuch beef or pork, and being thereof convicted, shall forfeit and pay double the value of the beef or pork fo taken out, intermixed or shifted.

the .

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