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-and personal notice.

Selectmen to determine in case of disa

greement as to place of house.

Chap. 67.

1797 ch. 70.

Chap. 68.

1798 ch. 82.

Chap. 69.

4 W. & M. ch. 5.

16 Geo. II.

No beef to be exported, exexcept as herein directed.

Inspector-general to be ap

pointed-

-to be sworn.

-to appoint deputies.

affairs, to meet at such time and place, in the same district, as
the selectmen shall in their warrant appoint. And the warning
aforesaid shall be by notifying personally every person in the
district qualified to vote in town affairs, or by leaving at their
usual places of abode, a notification in writing, expressing there-
in the time, place and purpose of the meeting, seven days at
least before the time appointed for holding the same.
And any
vote to raise money, for the purpose of erecting or repairing a
school-house, passed by a majority of the inhabitants of a school
district present at a district meeting warned and held as afore-
said, shall be obligatory on the inhabitants of said school dis-
trict, to be assessed, levied and collected in the manner pre-
scribed by this Act.

SECT. 5. And be it further enacted, That if the inhabitants of
school district cannot agree where to erect a school-house,
any
for the accommodation of the same, the selectmen of the town
to which such district belongs, upon application made to them
by the committee of the district, are hereby authorized and em-
powered to determine on the place where a school-house, for
the use and accommodation of the district, shall be erected.
[Feb. 28, 1800.] Further add. acts-1811 ch. 24: 1814 ch.
142: 1817 ch. 14.

An ACT in addition to an Act, entitled, "An Act for the Preservation of the Fish called Salmon, Shad and Alewives, in the rivers, streams and waters within the Counties of Lincoln and Cumberland, and for repealing all other Laws heretofore made for that purpose, so far as respects their Operation in the said Counties." [March 1, 1800.]

An ACT to preserve and regulate the taking of the Fish called Alewives, at Neguasset-Falls (so called) within the Town of Woolwich; and for repealing an Act, entitled,An Act for regulating the Fishery in the Town of Woolwich, in the County of Lincoln." [March 1, 1800.] Amended-1802 ch. 65.

An ACT to regulate the Inspection of Beef intended to be exported from this Commonwealth.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the first day of September next, no person or persons whatsoever shall ship or export from this Commonwealth, any salted beef, except in barrels or half barrels, of the quality and dimensions herein after provided, and the contents thereof are inspected and packed, and unless the casks containing the same are branded agreeably to the directions in this Act.

SECT. 2. Be it further enacted, That there shall be an inspector-general of beef, for this Commonwealth, who shall be well skilled in the knowledge of the same, to be appointed by the Governor, with the advice and consent of the Council, and to be by them removable at pleasure, who, before he shall enter on the duties of his office, shall give bonds, with sufficient sureties, to the Treasurer of this Commonwealth, in the penal sum of four thousand dollars, for the faithful discharge of his duty; and shall also be sworn faithfully to perform the same. And such inspector shall have power, when so qualified, to appoint, and shall appoint deputy-inspectors, who shall be removable by him

at pleasure, in every seaport town in this Commonwealth where beef is exported, and at such other places as he shall judge necessary, for whom he shall be answerable, and shall take bonds from them to himself and successor in office, with sufficient sureties, in a penal sum not exceeding three hundred dollars; and the said deputy-inspectors shall also be sworn for the faithful discharge of their duty.

made of beef

SECT. 3. And be it further enacted, That it shall be the duty Return to be of every deputy so appointed, to make a return to the mspec- inspected. tor-general, once in every six months, of the number of barrels and half barrels of beef inspected by them, agreeably to the directions of this Act; and it shall be the duty of the inspectorgeneral, in the month of June annually, to make a return to the [ To the SeGovernor and Council* of the whole number of barrels and half cretary's office --1815 ch. 38.] barrels of beef inspected, according to the directions of this Act, by him or his deputies the year preceding, designating in the return the different sorts of beef, and the places at which it was inspected.

pieces.

Mess beef.

SECT. 4. Be it further enacted, That no beef, which shall be killed after the first day of September next, shall be packed or repacked in barrels or half barrels, for exportation, unless it be Kind of beef. of fat cattle not under three years old; that all such beef shall be cut into pieces, as nearly square as may be, and which in size shall not exceed eight pounds weight, nor be less than four and size of pounds weight. That all beef which the inspector or deputyinspector shall find, on examination, to have been killed at a proper age, to be fat, and otherwise good and merchantable, shall be sorted and divided by him into four different sorts, for packing or repacking, into barrels or half barrels, to be denominated Mess, Cargo No. 1, Cargo No. 2, [and Refuse.] Mess beef shall consist of the choice pieces of oxen or steers, well fatted, and weighing six hundred pounds and upwards; the shin, shoulder, clod and neck, shall be taken from the fore quarters, and the legs and leg-rand from the hind quarters; and each barrel and half barrel, containing beef of this description, shall be branded on one of the heads with the words Mess Beef. Cargo No. 1, shall consist of choice pieces of oxen, steers, cows and Cargo No. 1. heifers, not under four hundred pounds weight,and to average five hundred and twenty pounds weight, without any necks or shanks. On one head of each barrel or half barrel, containing beef of this description, shall be branded Cargo No. 1. Cargo No. 2, shall Cargo No. 2. consist of fat cattle of all descriptions not before mentioned, of three years old and upwards (bulls excepted) with not more than half a neck, and three shanks, and without any hocks; each barrel and half barrel of which shall be branded Cargo No. 2. All other parts of cattle that are not above described, which shall be packed or re- Repealedpacked for exportation (including bulls) shall be branded, on one head, Refuse. And every barrel of beef shall be well salted with seventy-five pounds of clean St. Ubes, Isle of May,Lisbon,or Turks-Island salt, or eighty pounds of coarse Liverpool salt, or other salt of equal quality, exclusive of a pickle made of fresh water as strong as salt will make it; and to each barrel of beef of the three first sorts, shall be added four ounces of salt-petre; and each

[blocks in formation]

1903 ch. 139. Salting.

Description of barrels.

half barrel of beef shall be salted with one half the quantity of salt above mentioned, and two ounces of salt-petre.

SECT. 5. Be it further enacted, That from and after the first day of September next, every barrel and half barrel, in which beef shall be packed or repacked for exportation, shall be made of good seasoned white-oak or white-ash staves and heading, free from any defect; each barrel shall contain two hundred pounds weight of beef, and each half barrel one hundred pounds 1301 ch.18, 1. weight of beef; the barrels to measure sixteen inches and a half between the chimes, and to be twenty-eight inches long, to be covered three fourths of the length with good oak, ash or walnut hoops, leaving one fourth in the centre; the heads made of a proper thickness, the hoops to be well set and drove together; the half barrels to contain not less than fifteen gallons, to be hooped in the same manner as the whole barrels.

Inspector's name, &c.

to be branded.

[Further
brands requir-

ed-1815 ch.
9: 1820 ch.34.]

Inspectors to

own town or

county only.

SECT. 6. Be it further enacted, That every barrel and half barrel, in which beef is packed or repacked for exportation, shall be branded with the first letter of the christian name and the surname at length of the inspector who has inspected the same, with the name of the town where it was inspected, in legible letters, with the addition of MASS. (for Massachusetts.) And every barrel and half barrel of beef, of the three first sorts, shall also be branded with the name of the person for whom the beef is packed.

SECT. 7. Be it further enacted, That no deputy, appointed brand in their by virtue of this Act, shall inspect or brand any cask of beef out of the town or county for which he shall be appointed, under the penalty of fifty dollars; and if any person, other than the said inspector or his deputy, shall presume to stamp or brand any cask of beef, in the manner directed by this Act, every person so offending shall forfeit the sum of twenty dollars for each and every cask so unlawfully branded.

Fees for inspecting.

SECT. 8. Be it further enacted, That the inspector-general or his deputy, appointed by virtue of this act, shall be paid for every barrel of beef he may inspect and brand, the sum of ten [Fees increascents; and for every half barrel of beef so inspected, the sum cd1801 ch. 18.] of five cents, exclusive of cooperage; the charge of inspection to be paid by the shipper; and the inspector-general shall be entitled to receive from any deputy he may appoint, two cents, and no more, for each barrel of beef, and one cent for each half barrel said deputy may inspect and brand, according to the directions of this Act.

Penalty for fraud in inspectors.

1802 ch. 20.

for

shifting beef.

SECT. 9. Be it further enacted, That if any inspector or deputy-inspector, appointed by virtue of this Act, shall be guilty of any neglect or fraud in inspecting any beef contrary to the true intent and meaning of this Act, or shall mark with their respective brands any cask containing beef which has not been actually inspected, he or they shall forfeit and pay ten dollars for each and every cask so falsely marked.

SECT. 10. Be it further enacted, That if any person shall intermix, take out or shift any beef, out of any cask inspected or branded as by this Act is required, or put in any other beef, for sale or exportation, contrary to the intention of this Act,

the person or persons so offending shall, for each and every offence, forfeit and pay the sum of twenty dollars.

No beef to be

cleared out, unless a certifi

ed.

SECT. 11. Be it further enacted, That no salted beef shall be exported out of this Commonwealth, unless the master or owner of the vessel produces to the collector, or any other of- cate of inspecficer authorized by the laws of the United States to clear ves- tion is producsels out, a certificate from the inspector-general or his deputy, that the same has been inspected and branded according to the directions in this Act; and each certificate shall express the number of barrels and half barrels of beef, of each sort. And the master or owner of every vessel in which beef is so Masters or exported, on producing said certificate, shall take and subscribe owners of vesthe following oath before the officer authorized as aforesaid. sels to take an

I, A. B. of the

the

oath.

do swear, that according to the best Form of the

of my knowledge and belief, the certificate hereunto an- oath.
nexed contains the whole quantity of salted beef on board
master, and that no salted beef is shipped
on board said vessel for the ship's company, on freight, or
on cargo, but what is inspected and branded according to
the law of this Commonwealth.
So help me God.

SECT. 12. Be it further enacted, That for each and every Fee for certifi certificate given by the inspector or deputy-inspector, for beef cate. exported, he shall receive ten cents, to be paid by the shipper, [Fee increasand they are hereby severally directed to give such certificate, 1801 ch. 18.] whenever requested.

ed-

SECT. 13. Be it further enacted, That all penalties and for- Recovery of feitures, arising by force and virtue of this Act, shall be reco- forfeitures. vered by action of debt or information, in any court proper to try the same; one moiety thereof to the use of the town wherein the offence shall be committed, and the other moiety to him or them who shall inform or sue for the same.

Appropriation.

ed as usual, in

SECT. 14. Be it further enacted, That nothing in this Act Rounds of beef shall prevent the exportation of rounds of beef in kegs or tubs, may be exportas is now practised: Provided however, That the name of the kegs or tubs: owner, and the town where he resides, shall be branded on one with a proviso. head of each keg or tub, under the penalty of one dollar for each keg or tub not branded.

SECT. 15. Be it further enacted, That all former laws, so Former laws far as they respect the inspection of beef, be and hereby are repealed, repealed. Provided nevertheless, That they shall be considered Proviso. as in full force, with regard to all actions and prosecutions which may be depending for any penalty or forfeiture incurred for the breach of the same.

SECT. 16. And be it further enacted, That if any person or Penalty for expersons shall export or ship for exportation, out of this Com- porting beef monwealth, any salted beef not inspected and branded as by contrary to this Act is directed, every such exporter or shipper, and the master of every vessel having on board such uninspected beef, shall, on conviction, respectively forfeit and pay the sums following: The owner or exporter shall forfeit and pay the sum of six dollars, and the master of every vessel having the same

to seize beef.

on board the sum of two dollars, for every cask exported or Justices of the shipped for exportation. And it shall be lawful for any Justice Peace directed of the Peace, upon any information given of any beef being put on board any vessel as aforesaid, not inspected and branded as required by this Act, to issue his warrant directed to the sheriff or his deputy, or to a constable, requiring them respec1801 ch. 18, 3. tively to make seizure of any such salted beef not marked and branded as aforesaid, and to secure the same in order for trial; and said officers are hereby respectively required and All persons to empowered to execute the same. And it shall be the duty of every person, when required, to give the necessary aid for that purpose, on pain of forfeiting five dollars for his refusal. Provided always, That nothing in this Act contained shall be construed to affect the exportation of any beef that shall be duly inspected before the said first day of September, agreeable to the laws now in force. [March 4, 1800.] Add. acts-1801 ch. 18: 1802 ch. 20: 1803 ch. 139: 1815 ch. 9: 1820 ch. 34.

give aid.

Proviso.

Chap. 70.

Chap. 71.

1799 ch. 21.

Chap. 72.

1796 ch. 74.

Chap. 73.

1793 ch. 14.

1786 ch. 37.

Chap. 74.

1793 ch. 52.

Chap. 75.

1785 ch. 1.

Provision in case certain

nuisances.

An ACT to render valid the Doings of the Deputy-Sheriffs within and for the County. of Hancock. [March 4, 1800.]

An ACT in addition to, and for altering an Act, entitled, "An Act for establishing a Corporation by the name of The Sixth Massachusetts Turnpike Corporation." [March 4, 1800.] Further add. acts-1300 ch. 35: 1804 ch. 72: 1815 ch. 113: 1817 ch. 31: 1820 ch. 26.

An ACT in addition to an Act, entitled, "An Act for incorporating certain persons for the purpose of building a Bridge over Eastern-River, near Lithgow's-Mills, in the Town of Dresden.' [March 4, 1800.]

An ACT in addition to an Act, entitled, "An Act for regulating and governing the Militia of the Commonwealth of Massachusetts, and for repealing all Laws heretofore made for that Purpose, excepting an Act, entitled, "An Act for establishing Rules and Articles for governing the Troops stationed in Forts and Garrisons within this Commonwealth, and also the Militia when called into actual service." [March 4, 1800.] Further add. acts-1800 ch. 31: 1805 ch. 114. All repealed-1809 ch. 108.

An ACT in addition to an Act, entitled, "An Act for incorporating certain persons for the purpose of building a Bridge over Fore-River, between Portland and Cape Elizabeth, and for supporting the same." [March 4, 1800.]

An ACT in addition to an Act, entitled, "An Act to prevent common Nuisances." SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any house, assigned for the exercising of houses become either of the trades or employments mentioned in the Act aforesaid, becomes a nuisance, by reason of offensive and ill stenches proceeding from the same, or becomes otherwise hurtful or dangerous to the neighbourhood or travellers; it shall be lawful for any person or persons who may be aggrieved thereby, to give notice thereof to the proprietor or occupant of such house so deemed to be a nuisance; and if the proprietor or occupant shall not forthwith remove the same nuisance, and if upon trial as herein after provided, the same shall be considered and deemed a nuisance, the owner, proprietor or occupant of such house shall forfeit and pay the sum of twenty dollars, for each and every month which the said nuisance shall conglecting to re- tinue, after such notice as aforesaid, to be recovered by action of the case, by any person who shall first sue for the same; and in such action it shall be lawful for the defendant to ten

Penalty for owner, pro

prietor, or occupant ne

move said

Duisance.

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