XI. And be it further enacted by the authority aforefaid, That for every offence which the faid repackers fhall make or coinmit against the true in tent and meaning of this act, and be thereof convicted, he or they fo offending, fhall forfeit fifty pounds, and be rendered incapable of ferving again in the office.

of beef and pork, and

rant of a justice, may

veffel, and fearch for

XII. And be it further enacted by the authority aforefaid, Penalty on owners That if any perfon or perfons fhall export, or fhip for exmasters of vetlels, for portation out of this fiate, any beef or pork not being inexporting or fhipping it without infpection. Spected, pickled and branded by one of the fworn inspectors as aforefaid, every fuch exporter, and the mafter of every veffel having on board fuch uninspected beef or pork, fhall, upon conviction, respectively forfeit and pay the fums following, for every barrel of beef or pork fo exported, or fhipped for exportation, as aforefaid; that is to fay, The owner thereof fhall forfeit and pay the fum of forty fhillings; and the mafter of every veffel having the fame on board, the fum of ten fhillings.. And further, That the faid inspectors, and every of them Infpectors, by war fhall have full power and authority by virtue of this act, on enter on board any fufpicion that any beef or pork not infpected as aforefaid, beef or pork fhipped fhall be shipped in any veffel for exportation, to apply to for exportation with any juftice of the peace, and on oath to affign to fuch juftice out inspection. the causes of fuch fufpicion; and if the faid juftice fhall think the faid fufpicion well grounded, he shall iffue his warrant to the faid infpector or infpectors, to enter on board any veffel whatever, loading or laden in this ftate, either in the whole or in part, and to fearch for and make difcovery of any beef or pork fhipping or fhipped on board any fuch veffel for exportation out of this ftate; and if any of the faid infpectors fhall discover And if any is difco- any beef or pork not repacked, branded and pickled, as vered, it shall be res directed in and by this act, on board of any fuch vessel, fuch infpector fhall apply to fuch juftice of the peace, who is hereby authorised and required to iffue his watrant, directed to fome peace officer or officers, commanding him or them to enter on board every fuch veffel having on board fuch uninfpected beef or pork, and cause the fame to be relanded and delivered to the owner or owners thereof, upon his or their paying the expence of fuch fearch and relanding. And if any perfon or perfons fhall obftruct or hinder any infpector from making fuch fearch as aforefaid, or any peace officer, in relanding fuch beef or pork, every perfon fo offending, shall forfeit and pay the fum of one hundred pounds.

handed.

fpect any beef or pork

Any perfon not an

XIII. And be it further enacted by the authority aforefaid, Infpectors not to in- That no infpector of beef and pork, to be appointed by virout of their counties. tue of this act, fhall infpect or brand any casks of beef or infpector, branding pork, out of the city or county for which he shall be apany cafk of beef or pointed an inspector, upon pain of forfeiting the fum of pork, to forfeit 51. twenty pounds. And if any perfon other than the faid infpectors, fhall brand any cafks of beef or pork in the manner directed by this act, every perfon fo offending, fhall forfeit the fum of five pounds, for every cafk fo branded.

XIV. And be it further enacted by the authority aforefaid, That upon the head of every barrel or cafk of beef or pork, which fhall be shipped from any port in this ftate, to any port either within or without the fame, the fhipper thereof fhall, before, or at the time fuch beef or pork is repacked, cause the initial letter of his chriftian name, and his furname, at full length, to be branded.

XV. And be it further enalled by the authority aforefaid, That every the forfeitures and penalties aforesaid, shall and may be recovered, with costs of fuit, in any court having cognizance thereof, by any perfon or perfons who will fue and profecute for the fame to effect; one moiety of which faid forfeitures and penalties, when recovered, fhall be paid to the overfeers of the poor of the town or place where the offence fhall be committed, for the ufe of the poor thereof; and the other moiety thereof to fuch perfon or perfons as will fue for the fame as aforefaid.

XVI. And be it further enacted by the authority aforefaid, That all acts of the late colony of New-York, refpecting the repacking of beef and pork, be, and they are, from and after the faid first day of October next, hereby repealed.

CHAP. LVI.

An ACT to regulate the Culling of Staves and Heading.

Paffed 7th March, 1788. HEREAS flaves and heading have become articles of confiderable exportation from this ftate, and it is neceflary that great care be taken to preferve their reputation at foreign markets; Therefore,

1. Be it enacled by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That from and after the first day of July next, no ftaves or heading fhall be exported out of this ftate, to any foreign market, but fuch as fhall be culled by the cullers hereafter to be appointed for that purpofe. That all butt flaves fhall be made of good white-oak timber, and fhall be of the following dimenfions: Size and quality of The long butts fhall be five feet fix inches long, the fert diferent kinds of butts four feet fix inches long, and both at least five inches flaves and heading. broad when drefled, clear of fap; two inches thick on the thinneft edge, and not more than two and an half inches thick in any place ; and fhall be regularly fplit with the grain of the wood, and free from twift; and to be otherwife good and fufficient. That all pipe ftaves fhall be made of good white-oak timber, and shall be four feet fix inches long; and shall work three and an half inches broad when dreffed, clear of fap; and fhall 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 fix worm holes; and be otherwife good and fufficient. That all white-oak hogshead staves shall be made of good timber, and shall be three feet fix inches long; and fhall work three and an half inches broad when dreffed, clear of fap, and fhall be three quarters of an inch thick on the thin edge, regularly fplit with the grain of the wood, and shall not have more than four worm holes; and be otherwife good and fufficient. That all barrel ftaves fhall be two feet eight inches long, and fhall work three and an half inches broad, when dreffed, clear of fap, and fhall be three quarters of an inch thick on the thin edge, regularly fplit with the grain of the wood, and not more than four worm holes; and otherwife good and fufficient. That all heading fhall be made of good whiteoak timber, and fhall be two feet eight inches long, and fhall not be less than fix inches broad, clear of fap; three fifths of which fhall be fit for middle pieces, and shall not be less than three fourths of an inch thick on the thin edge; and be otherwife good and fufficient. That all red-oak hogfhead ftaves fhall be three feet fix inches long, four inches broad, including fap, and fhall be three quarters of an inch thick on the thin edge.

II. And be it further enacted by the authority aforefa'd, That the governor, or perfon adminiftring the government of this flate for the time being, by and with the advice and confent of the council of appointment, shall and may appoint eight or more cullers for the city and county of New-York; four or more cullers for the city and county of Albany; two or more cullers for the city of Hudfon; and as many in the other counties in this ftate, as fhall appear from time to time to be neceffary.

III. And be it further enucled by the authority aforefaid, That each of the cullers to be appointed by virtue of this act, fhall take the following oath, before fome perion or perfons authorized to administer the fame, viz.

I ir

do folemnly fwear, That I will, well, faithfully, truly and impartially, according to the beft of my judgment, fkill and understanding, execute, do and perform the office of a culler and examiner of flaves and heading, according to the true intent and meaning of the laws of this ftate relative thereto.

IV. And be it further enacted by the authority aforefaid, That the refpcctive cullers fhall be entitled to receive for culling every thoufand pipe itaves, the fum of four fhillings; for every thoufand hogfhead ftaves and heading, the fum of three fhillings; for every thousand barrel ftaves, the fum of two fhillings; and for every thoufand long butt ftaves, the fum of ten fhillings; and for every thousand short butt ftaves, the fum of eight fhillings, and no more; computing twelve hundred flaves or heading to a thouland; one half to be paid by the buyer, the other half by the feller: And for all fuch flaves or heading as are culled out and not merchantable, the culler fhall be entitled to receive of the proprietor thereof, the one half the price of the culling merchantable flaves or heading.

tween buyers and fel

V. And be it further enacted by the authority af refaid, Difputes arifin be. That where any disputes fhall arife between the buyer and lers,how to be fettled. feller of ftaves and heading, refpecting the culling of the ftaves by the culler who was employed for the purpofe, fuch difpute fhall bẹ fubmitted to two other cullers of flaves or heading; one to be chofen by the buyer, and the other by the feller; and their determination fhall be conclutive.

any faves or heading

any

VI. And be it further enacted by the authority af relaid, Penalty for fhipping That if any perfon or perfons fhail fhip on board veffel without being culled. for exportation out of this ftate, any staves or heading, to any foreign market, but fuch as have been viewed and examined by fome one of the cullers appointed by virtue of this act, in the city, county or town where fuch flaves or heading were exported from, the mafter of fuch veffel fhall forfeit and pay the fum of twenty fhillings, for every thou and fo taken on board; and the owner or proprietor thereof, the fum of forty fhillings for every thousand fo fhipped on board for exportation: To be recovered, with cofts of fuit, by any perfon who will profecute for the fame, in any court having cognizance thereof.

VII. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall fhip on board any fhip or veffet for exportation to any foreign market, any flaves or heading that have been condemned; or hall, mix the fame with any flaves or heading that have been culled; every fucki perfon, upon due proof thereof, fhall forfeit and pay the fum of forty fhillings, for every thousand condemned flaves or heading fo shipped on board or mixed; To be recovered in manner aforefaid,

Vol. II.

of a juftice, inay en er

and fearch for flaves

to be exported contrary to this act.

Cullers, by warrant VI. And be it further enacted by the authority aforesaid, on board any veflel, That the faid cullers, and every of them, fhall have full or heading whichthey power and authority by virtue of this act, and on fufpicion fufpect are intended that any ftaves or heading which have not been culled, or which have been condemned as aforefaid, fhall be fhipped in any fhip or other veffel, for exportation, to apply to any justice of the peace; and on oath to affign to fuch juftice, the caules of fuch fufpicion: And if the faid juftice fhall think the faid fufpicion well grounded, he hall iffue his warrant to the faid culler or cullers, to enter on board any fhip or veffel whatfoever, within any harbour, port or river, within the county of which he is a culler, to fearch for and make difcovery of any ftaves or heading shipped or shipping on board any fuch veffel, for exportation, immediately from thence to any foreign market: And if the faid culler, on fuch fearch, difcover any flaves or heading fhipped on board any fuch veffel, that have not been culled by one of the cullers appointed by virtue of this act; or fhall find on board, any staves that have been culled out or condemned, fuch culler fhall apply to one of the nearest justices of the peace ; who is hereby required to iffue his warrant directed to fome peace officer or officers; commanding him or them to enter on board fuch veffel having on board fuch condemned or uninfpected ftaves or heading, and caufe the fame to be relanded and delivered to the owner or owners thereof, upon his or their paying the expence of fuch fearch and relanding.

IX. And be it further enacted by the authority aforefaid, That one moiety of the forfeitures to be recovered by virtue of this act, fhall be paid to the overfeers of the poor in the town or place where the offence was committed, for the use of the poor thereof; and the other moiety thereof to fuch person or perfons as will fue for the fame as aforefaid,

T

CHA P. LVIII.

8th feff. ch. 35. An ACT fupplementary to the All, entitled, An Act to prevent the Exportation of unmerchantable Flour, and the falfe Tareing of Bread and Flour Cafks.

Paffed 7th March, 1788.

I. E it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the act, entitled, An act to prevent the exportation of unmerchantable flour, and the falfe tareing of bread and flour cafks, paffed the fixteenth of March, one thousand feven hundred and eighty-five, and every fection and article therein mentioned, except the fifteenth and twenty-firft fections thereof, fhall extend, and it is declared and enacted to extend to rye and buckwheat flour, in as full and ample a manner as if the faid feveral articles had been expressly named or mentioned in the said act; any thing in the faid act to the contrary notwithstanding.

and buckwheat flour,

II. And be it further enailed by the authority aforefaid, Cafk containing rye That every cafk containing rye or buckwheat flour, fhall how to be marked. (befides the marks and brands directed by the faid act, to be put by manufacturers on cafks containing wheat flour) be branded on one of the heads with the words, rye flour, or buck w. flour, as the cafe may require.

be exported without

to be marked.

III. And be it further enacted by the authority aforefaid, No Indian meal to That no meal made of Indian-corn fhall be exported from infpection, and how this ftate, unless it be infpected by one of the inspectors appointed pursuant to the act herein before mentioned, and unless it fhall appear to the fatisfaction of the faid infpectors, that the corn of which the faid meal was made, had been fufficiently dry, or had been kiln-dried, and fuch as has been kiln-dried, shall be branded on the cask with the letters, kiln d. meal, and with the initial letter of the miller or owner's christian name, and his furname at full length; and the cafk containing the fame, fhall be of the following dimentions; to wit, Twenty-feven inches in length, and the diameter of each head fixteen inches and one half, and the cafks made nearly ftraight, for the convenience of flowing in veffels ; and each of the faid cafks fhall contain one hundred and fixty-eight pounds of meal, which weight fhall be branded on each of the cafks, and the tare marked thereon with a marking-iron. Provided nevertheless, That nothing in this act fhall prevent the packing of Indian-meal, for exportation, in hogfheads; but all fuch meal fhall be inspected and branded as if packed in barrels; and the inspectors shall be entitled to receive, for infpecting each hogfhead, the fum of three-pence, and for each barrel, the fum of onepenny half-penny; and the weight of meal in each fuch hogfhead fhall be marked thereon.

infpected with unin

&c.

IV. And be it further enacled by the authority aforefaid, Penalty for mixing That if any perfon or perfons fhall mix any uninspected fpected flour or meal, buckwheat flour, rye flour, or meal made of Indian-corn, with fuch as has been inspected, and fhall offer the fame for fale as infpected flour, he, fhe or they fo offending, fhall forfeit for each barrel fo mixed and offered for fale, the fum of twenty fhillings; and for each hogshead fo mixed and offered for fale, the fum of three pounds. And if any perfon or perfons fhall export any Indian-meal that has not been infpected and branded as herein before directed, he, fhe or they fhall forfeit for every barrel fo exported, the fum of ten fhillings, and for ever hogfhead fo exported, the fum of thirty fhillings. And the laid inspectors, appointed or to be appointed pursuant to the faid herein befor. mentioned act, are hereby directed not to inspect any wheat flour, but what shall be packed in new casks, not before used for any purpose.

branded on cafks of

V. And be it further enacted by the authority aforefaid, Word, bad, to be That it shall and may be lawful for the inspector or infpeccondemned four or tors of flour and meal, in this state, and they are hereby directed to brand or mark the word, bad, on the head of each cafk of condemned flour or meal.

meal.

marked.

VI. And be it further enacted by the authority aforefaid, Cafks containing That on the head of each cafk or barrel, in which flour, four, called middlings, how to be commonly called middlings, or cornel, fhall be packed for fale or exportation, the initial letter of the owner's or miller's chriftian name, with his furname at full length, shall be branded, and alfo the word, middlings, or, cornel, as the cafe may be ; and every person who shall fell or export any middlings or cornel, in cafks not branded as herein before directed, fhall forfeit for each cafk fo fold or exported, and not branded, the fum of ten fhillings.

VII. And be it further enacted by the authority aforefaid, Standard weight of That the standard weight of wheat brought to the city of merchantable wheat. New-York for fale, fhall be fixty pounds nett to the bufhet,