feiture of the debt as aforefaid, fhall, within three days after fuch conviction, reftore to the mafter or mistress of fuch apprentice, fervant or flave, all fuch cloathing or other goods, chattels, wares or merchandize, which he, fhe or they fhall have fo taken or received, from any fuch apprentice, fervant or flave; or fhall forfeit and pay unto the mafter or mistress of fuch apprentice, fervant or flave, double the value of all fuch clothing, or other goods, chattels, wares or merchandize, which he, fhe or they fhall have to taken or received as aforefaid; to be recovered by fuch mafter or miftrefs, his or her executors or adminiftrators, with cofts of fuit, in any court having cognizance thereof.

any perfon, except

ten fhillings, for li

debt.

XVII. And be it further enacted by the authority aforefaid, nholders trufting That if any innholder or tavern-keeper within this ftate, travellers, more than fhall truft or credit any perfon or perfons, other than travelquors, or tavern ex- lers, more than, or above the fum of ten fhillings, lawful pences, to lole the money of this ftate, for any fort of ftrong or fpirituous liquors, or other tavern expences, he, fhe or they fo trufting or crediting any perfon or perfons as aforefaid, fhall lofe the debt, and be for ever difabled from fuing for, or recovering the fame, or any part thereof. And if any innholder or tavern-keeper, shall fue for any fuch debt above the fum of ten fhillings, contrary to the true intent and meaning of this act, the perfon or perfons fued, fhall and may plead this act in bar; and if the plainttiff in fuch fuit fhall become nonfuit, or a verdict or judgment fhall be given for the defendant, every fuch plaintiff fhall pay double cofts.

XVIII. And be it further enacted by the authority aforefaid, That if any innholder or tavern-keeper fhall take or get, from any perfon or perfons, trufted as aforefaid, any note, bill, bond or other fecurity, for any fum above ten fhillings, for any frong or fpirituous liquors, by him or her fold or drank, in, or at his or her houfe, under pretence that it is for victuals, pipes, tobacco or any other thing, whereby to evade this act; every fuch note, bill, bond or other fecurity, fhall be void, and the defendant or defendants may plead this act in bar, to any action or fuit to be brought thereon. And further, That every perfon who fhall be convicted of an offence against this claufe of this act, fhall forfeit double the fum mentioned in and intended to be fecured by fuch note, bill, bond or other fecurity; to be recovered by action of debt, bill, plaint or information, with cofts of fuit, in any court in this ftate, having cognizance thereof.

vent innholders from

vellers,or perfons who

XIX. Provided always, and be it further enacted by the auThis act not to pre- thority aforefaid, That nothing in this act contained, fhall be recovering any debt Conftrued or taken to debar any innholder or tavern-keeper due to them from tra from taking, receiving or recovering any fum or fums of may be ledgers in money which fhall or may become due, and owing to him their houfes. or her, from any perfon or perfons who fhall or may be lodgers in his or her houfe, or from travellers not refiding in fuch city or town; any thing in this act contained to the contrary notwithstanding.

a fign before their houses.

XX. And be it further enacted by the authority aforesaid, Innholders to put up That every innholder or tavern-keeper, fhall, within thirty days after obtaining his or her permit, put up and fix a proper fign on or adjacent to the front of his or her houfe, with his or her name thereon, and keep fuch fign up during the time he or she fhall keep an inn or tavern, under the penalty of ten fhillings for every month's neglect thereof. XXI. And be it further enacted by the authority aforesaid, feitures inpofed by That all and every the penalties and forfeitures, impofed in

Penalties and for

fued for, recovered

this act, how to be and by this act, thall and may be recovered, with cofts of and applied. fuit, in any court within this state, having cognizance thereof, by any perfon or perfons who will fue and profecute for the fame to effect, unless in this act otherwise provided; and the one moiety of the faid penalties and forfeitures, not in and by this act otherwife appropriated, fhall, when recovered, be paid to the overfeers of the poor of the city or town in which each respective offence fhall happen, for the use of the poor thereof; and the other moiety to the perfon or perfons who fhall fue for the fame as aforefaid.

XXII. And be it further enacted by the authority aforefaid, That all laws of the late colony of New-York, and of this flate, heretofore paffed for the regulating of inns and taverns, and for retailing of fpirituous liquors within this ftate, be, and the fame are hereby feverally repealed.

CHA P. XLIX.

An ACT to empower the Justices of the Peace residing in that Part of the Township of Schenectady therein mentioned, to establish and regulate a NightWatch, and for other Purpofes therein mentioned.

Paffed in March, 1788.

WHEREAS the establishing a night-watch, and appointing firemen

to manage the fire-engine in that part of the township of Schenectady 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 fafety and prefervation of the inhabitants thereof; Therefore,

1. Be it enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it hall and may be lawful to and for the juftices of the peace, or the major part of them for the time being, living or dwelling in that part of the townfhip of Schenectady, which lays to the fouthward of the Mohawk-River, and not more than three quarters of a mile diftant from the Dutch church, to meet together with all convenient fpeed after the publication of this act, and being fo met, they are hereby required and directed,, to order, effablish and regulate a night-watch, which watch fhall confift of fix men and an officer, for each night, out of the inhabitants of that part of the faid town. fhip herein before defcribed, who fhall, and hereby are required and directed, in their turns, to keep watch, and guard in fuch manner and at fuch times and places as the faid juftices fhall order and direct.

II. And be it further enacted by the authority afre aid, That it fhall and may be lawful to and for the faid juftices, or the major part of them, to make, establish and ordain, fuch rules, orders, ordinances and regulations, for the government, conduct, duty and behaviour of the faid watch and watchmen, and to impofe and eftablish fuch reasonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the duties and fervices enjoined or required by fuch orders or ordinances as to the fald juftices fhall, from time to time, feem meet and convenient. Provided always, That no greater fine, penalty or forfeiture, fhall be levied for any one offence, than fix fhillings on an officer, and four fhillings on every perfon or watchman.

III. And be it further enacted by the authority aforefaid, That it fall and may be lawful to and for the faid juftices of the peace, or the major part of Vol. II.

Q

lumber for the city and county of New-York (which faid inspector is hereby authorifed and required to appoint fuch number of deputies under him as shall be necellary, for whom he fhall be accountable; which deputies are hereby fully empowered to act as deputy officers for carrying this act into execution) one infpector for the city of Albany; one infpector for the city of Hudfon; one inspector for the landing at Kinderhook: and as many more in other parts of the flate as may from time to time be neceffary.

V. And be it fur her enacted by the authority afore aid, That the faid inspectors and their deputies, before they enter upon the execution of their offices, fhall take the following oath before fome perfon authorized to adminifter the fame, viz.

I

do folemnly fwear, That I will faithfully, truly and impartially, according to the beft 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 ftate relative to the fame.

VI. And be it further enacied by the authority aforefaid, That the faid infpectors fhall be entitled to receive for infpecting all boards, plank and fcantling, at the rate of three fillings per thousand feet, fuperficial meafure; and for fquare timber at the rate of fourteen pence per ton, confifting of forty cubical feet; and for fhingles in bundles, at the rate of eighteen pence per thousand; the one half to be paid by the buyer, and the other half by the feller.

ing lumber without

infpection.

VII. And be it further enacted by the authority aforefaid, Penalty for export That if any perfon fhall fhip on board any fhip or veffel for exportation out of this ftate, any boards, plank, fcantling, timber or fhingles, but what has been infpected by one of the infpectors appointed by virtue of this act, he fhall forfeit and pay, for every thousand feet fo fhipped without infpection, the fum of twenty fhillings; and for every thoufand fhingles, the fum of ten fhillings; and the mafter of any ship or veffel who fhall receive on board his veffel any boards, plank, timber or thingles, but what has been infpected by one of the inspectors, fhall forfeit and pay for every thousand feet fo taken on board, the fum of ten fhillings; and for every thoufand fhingles, the fum of five fhillings; all which forfeitures mentioned in this act, may be recovered with cofts, in any court having cognizance thereof, by any person who will fue for the fame, by action of debt, bill, plaint or information; the one half thereof to be for the ufe of the perfon fo fuing, and the other half for the ufe of the people of this state.

VIII. And be it further enacted by the authority aforefaid, That this act fhall be in force from and after the first day of October next.

С НА Р. LV.

13th felf. cit. 33.

Amended, An ACT to regulate the Repacking af Beef and Pork for Exportation. Paffed 7th March, 1788. HEREAS it is neceffary that great care be taken in the repacking of beef and pork, two of the ftaple articles of this flate: And whereas It is reprefented, that if proper places were appointed for the infpection of the fame, and the number of infpectors fixed by law, it would prevent abufes: Therefore,

1. Be it enacted by the people of the ftate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the jame, That it fhall and may be lawful for the perfon adminiftring the government of this ftate 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 Hudfon; and as many in any other part of this ftate, as fhall, from time to time, be neceffary.

II. And be it further enacted by the authority aforesaid, That the infpectors to be appointed by virtue of this act, fhall provide themfelves with good and fufficient ftores, capable of receiving and ftoring fuch beef and pork as may be brought to them for infpection; and the infpectors for the city and county of New-York, fhall provide them felves with as many flores as may be necef fary: Provided, Such ftores be on fome of the docks or wharfs of the faid city, and that one of fuch stores fhall be at or near the Albany-pier, and another at or near Burling's-flip; and no fuch infpector fhall be allowed any thing for ftorage of the fame beef and pork, if the owner fhall remove the fame within three days after the fame fhall be repacked.

of barrels in which

repacked.

III. And be it further enacted by the authority aforesaid, Size and defcription That all barrels in which any beef or pork fhall be repacked, beef or park may be fhall be made of good white-oak ftaves 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 ftraight as poffible, and fufficient to hold pickle; and that all half barrels fhall be made of the like materials, and contain one half as many gallons as the whole barrels.

of beef.

IV. And in order to encourage the raifing of large hogs, and making of fat beef, Be it further enacted by the authority aforefaid, That from and after the first day of October next, the inspectors to to be appointed, fhall examine and fort all beef and pork to be by them repacked, and fuch as is well fatted, fhall be repacked and branded on the head, first quality; and fuch as is inferior, fecond quality; and that each barrel of beef fhall contain two hundred Contents of a barrel and twenty pounds of beef; the first quality of which fhall not have more than two hocks or fhins, one half of a neck, and shall have at least one round in each barrel, and be otherwife well farted. The fecond quality shall not have more than three hocks or fhins, and one half neck in each barrel; and be otherwife merchantable beef. And that Contents of a barrel each barrel of pork fhall contain two hundred and ten of pork. pounds of pork well fatted; the first quality of which shall not have in each barrel more than three fhoulders without the legs, which fhall be cut up to the knees, and not to exceed two heads; which heads fhall have the ears and fnouts cut off, and fhall not exceed in weight thirty pounds: The fecond quality fhall not have in each barrel more than five shoulders without the legs, and not more than two heads, which fhall not exceed thirty pounds in weight, and fhall be otherwife merchantable pork; and that all half barrels both of beef and pork, fhall contain one half the quantity of whole barrels, and be in every refpect as to quality, the fame as whole barrels; and in every barrel of beef or pork, there fhall be at least one half bushel of good Lifbon or hard falt; and in every half barrel, one peck.

V. And be it further enacted by the authority cforefaid, No beef or pork to That no beef or pork fhall be repacked, until the fame has not been well falted, been laid in fait a fufficient time before fuch repa.king; and

Be repacked that has

and when repacked, all cafks of beef and pork fo repacked, fhall be branded with to be branded. the initial letter of the packer's chriftian 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, firft or fecond quality, as the cafe may be ; and every repacker of beef and pork fhall carefully fecure his marking irons, fo as to put it out of the power of his fervants or others to obtain and make use of the fame, contrary to the true intent and meaning of this act. VI. And be it further enacted by the authority aforefaid, That every of the repackers to be appointed by virtue of this act, fhall, before he enters upon the execution of his office, take the following oath, before any juftice of the peace, viz.

I

do folemnly fwear, That I will faithfully, truly and impartially, according to the beft of my judgment, fkill and understanding, execute, do and perform the office and duty of an infpector and examiner of beef and pork, according to the true intent and meaning of the laws of this ftate relative to the fame; and that I will not, directly or indirectly, brand, or fuffer to be branded, any cafks of beef or pork, but what shall be found and good.

repacked at certain

the streets.

VII. And be it further enabled by the authority aforefaid, All beef and pork That all beet and pork repacked between the first day of feaf ns, to be pickled. April, and the first day of October, in every year, shall, at the time of repacking the fame, be pickled with a good ftrong pickle, made of fresh water, and of falt not finer than Lisbon falt, and that each barrel, to prevent the pickle from leaking, fhall be well trimmed, and nailed with at leaft three nails on each head, and with at least three pegs on each quarter. VIII. Provided always, and be it further enacted by the auBeef or pork may be repacked in any yard thority aforefaid, That it shall and may be lawful for any arvefiel, but not in owner of any beef or pork, to have the fame repacked in any store, yard or veffel, by either of the repackers fo to be appointed as aforefaid: But no beef or pork fhall be repacked in any fireet or on any wharf; and that the repackers fhall have and receive from the owner of fuch beef and pork, for repacking the fame in the ftore by them provided for that purpose, at the rate of one fhilling for each barrel, and eight-pence for each half barrel; and if repacked in any other flore, yard or vellel, one fhilling and three-pence for each barrel, and nine-pence for each half barrel; and whether repacked in the ftore provided by the repacker, or in the yard, or ftore, or velel, for each hoop wanting, and put on by fuch repacker, twopence; and for flagging, nailing, pegging and pickling each barrel, nine-pence, and each half barrel, fix-pence; the owner finding or paying for the falt.

IX. And be it further enacled by the authority aforefaid, That if any repacker of beef or pork, fhall neglect or delay to repack any beef or pork, when thereunto required by the owner or owners thereof, for the space of fortyeight hours, every fuch repacker fhall for each neglect, pay to fuch owner or owners, the fum of forty fhillings.

or fitting any beef

X. And be it further enacted by the authority aforesaid, Penalty for mixing That if any perfon or perfons fhall, at any time hereafter, or pork after it has intermix, take out or fhift any beef or pork that has been been repacked repacked and branded as aforefaid, every perfon fo taking out, intermixing, and fraudulently fhifting fuch beef or pork, and being thereof convicted, fhall forfeit and pay double the value of the beef or pork fo taken out, intermixed or fhifted.