with sufficient sureties, to the Treasurer of the State, in the penal sum of one thousand dollars, for the faithful discharge of his duty; and shall also be sworn faithfully to discharge the same. And such inspector shall have power, when so and may ap point deputies, qualified, to appoint, and shall appoint deputy inspectors in every sea port town where butter or lard is exported, and such other places as he shall judge necessary, for whom he shall be answerable; and shall take bonds from them with who shall also sufficient surety or sureties, in the penal sum of five hundred dollars, for the faithful discharge of their duty; and they shall also be sworn to the faithful discharge of their duty. give bond. No butter or ing inspected, SEC. 2. Be it further enacted, That no person or persons lard to be shipwhatsoever, shall ship any butter or lard for exportation, be- ped before be fore he shall first have submitted the same to the view and examination of the inspector or his deputy, who shall be appointed as is hereinafter provided; who shall inspect and all butter and lard in casks, firkins or kegs that shall prove be intended to be laden on board any vessel for exportation. And every such inspector or his deputy, shall examine the Mode of inspeeTcasks, kegs or firkins containing the said commodity, intendthed to be exported as aforesaid, and with a hollow iron search W tion. er shall, from one side of the head of said casks, kegs or be firkins, perforate diagonally to the other head, and thereby draw out so much butter or lard as shall determine the quality of the whole; and see that it be preserved with a due proportion of good fine salt, sweet, and in all respects fit to be exported, without danger of spoiling, to any foreign market. And every cask, keg or firkin of butter and lard which according to the inspector's best judgment, appears to be good and merchantable as aforesaid, he shall distinguish by the words first, second, or third, and all other butter and lard shall be distinguished by the word refuse, and branded in Manner of +plain legible letters, together with the word MAINE, and the name of the town where it shall be thus inspected, with the initial letters of his christian name and his surname at large; and each cask, keg or firkin of butter or lard, inspected as aforesaid, shall also be branded with the word butter or lard, as the case may be: branding, ty of easks, kegs contain butter and lard for ex SEC. 3. Be it further enacted, That every cask, keg or Size and quali firkin, in which butter or lard shall be packed for foreign and firkins to exportation, shall be made of sound and well seasoned white oak or ash staves and heading, full bound, twelve and an half portation. inches in length, and eight and an half inches diameter in the ead, or fifteen inches in length, and ten and an half inches iameter in the head, or kegs twelve inches long and seven ad an half inches diameter in the heads; or ten inches long ith six inches hea acted, That each cask, keg or casks to be fillard be packed therein, shall be ed with brine ch shall remain therein three and marked, and weighed aud how. Master of ves to collector, a inspection, be to such certificate. days; and as soon as the brine is emptied from the cask, keg or firkin, it shall be weighed by the owner of such butter or lard, who shall, with a marking iron, mark on one of the heads thereof, the full weight of the cask, keg or firkin, and shall brand or imprint, with a burning iron, the initial letter of his christian name, and his surname at large; and in case he shall falsely mark the same, such owner, upon conviction thereof shall forfeit three dollars. SEC. 5. Be it further enacted, That no butter or lard shall sel to produce be exported out of this State unless the master or owner of certificate of the vessel produces to the collector or any other officer aufore clearance, thorized by the laws of the United States to clear vessels 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; each certificate shall express the and make oath number of casks, and their weight; and the master or owner of any vessel in which butter or lard is so exported, on producing said certificate, shall take and subscribe the following oath before the officer authorized as aforesaid. I, A. B. of do swear, that, according to the best of my knowledge and belief, the certificate hereunto annexed contains the whole quantity of butter or lard, (as the case may be,) on board master; and that no butter or lard, (as the case may be,) 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 State. So help me GOD. Form of oath. porting from butter or lard tion, master of ves sel. Justice of peace may is SEC. 6. Be it further enacted, That if any person or perPenalty for ex sons shall export, or ship for exportation, out of this State, this state, any any butter or hogs lard, not inspected and branded as by without inspec- this Act they are directed; every such exporter or shipper, and the master of every vessel having on board such uninspected butter or lard, shall on conviction thereof, respecton owner and ively forfeit and pay the sums following; the owner or exporter shall forfeit and pay the sum of five dollars; and the master of every vessel having the same on board, the sum of three dollars, for each cask exported or shipped for exAnd it shall be the duty of any Justice of the portation. sue his warrant Peace, upon any information given of any butter or hogs ter or lard not lard being put on board any vessel as aforesaid, not inspectbranded, on ed and branded as required by this Act, to issue his warrant, board any ves directed to the Sheriff or his deputy, or to a Constable, requiring them respectively to make seizure of any such butter or hogs lard not marked and branded as aforesaid, and to secure the same in order for trial; and said officers are hereby respectively required and 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. for seizing but inspected and sel. SEC. 7. Be it further enacted, That if any inspector of but speetor refus to examine and inspect for three hours. ter and lard, (according to the duties of this Act,) shall on ap- Penalty for inplication made for the examination of any butter or lard as or delaying aforesaid, unreasonably refuse, neglect or delay to proceed to such examination and inspection, for the space of three hours after such application so made to him, the inspector so refusing, neglecting or delaying to make such examination or inspection, shall, for each offence forfeit the sum of two dollars. lard. SEC. 8. Be it further enacted, That if any inspector or Penalty for ne deputy inspector shall neglect or refuse to brand any butter brand butter or or lard, to be exported agreeably to this Act, the person or persons so offending, shall be subject and liable to the same penalties and forfeitures mentioned in the seventh section of this Act. Counterfeiting SEC. 9. Be it further enacted, That if any person shall Penalty for counterfeit any brand belonging to, or proper to be used by brand." the said inspector or any of his deputies, or shall impress or brand any cask, keg or firkin of butter or lard with any brand or brands of such inspector, or with any counterfeit brand as aforesaid, he shall forfeit and pay for each offence the sum of ten dollars. shifting con fraudulently. SEC. 10. Be it further enacted, That if any person shall Penalty for empty any cask, keg or firkin of butter or lard inspected and tents of casks, branded as by this Act is required, and put in any other butter or lard for sale or exportation, without first cutting out the said brands and marks, the person or persons so offending, shall for each such cask, keg or firkin, forfeit and pay the sum of ten dollars. covered and ap: SEC. 11. Be it further enacted, That all fines and forfeit- Fines and penures mentioned in this Act shall, and may be sued for and re-alties how re covered, with costs, by any person to his own use before a propriated. Justice of the Peace, or any other Court proper to try the same, with liberty of appeal, as in other civil actions. make annual SEC. 12. Be it further enacted, That it shall be the duty of Inspector to the inspector of butter and lard in the month of January an- returns to secnually to make a return of the number of casks of different retary of State, qualities of these articles branded by him, and his deputies, and the weight of the respective kinds, into the office of the Secretary of this State: The returns above specified to be made up to the first day of May of each year. And the said inspector shall require of his deputies to make the returns to him necessary to carry into effect the provision quisite retains aforesaid. and require of his deputies to make the re to him. in office to con SEC. 13. Be it further enacted, That the inspector of but- Inspector and ter and lard and his deputies, who are now in office in this deputies now State, shall and may continue to exercise and perform all the tinue, &c. duties of their respective offices in as full and ample manner as they might lawfully do, if appointed pursuant to the first section of this Act. [Approved March 19, 1821.] Governor to appoint inspectors of pickled fish and smoked herrings." Inspector to be sworn and give bond to &c. Selectmen to bunds, annual examine such ly; CHAPTER CL. An Act to provide for the packing and inspection of Pickled and Smoked SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That the Governor with the advice of Council is hereby authorized and directed to alewives and appoint and commission during his pleasure in each town and plantation in this State, where pickled fish or smoked alewives and herrings are cured or packed for the purpose of exportation, one or more suitable person or persons inspector or inspectors of pickled fish and smoked alewives and herrings, who shall be well skilled in the quality of the same, and before he enters on the duties of his office shall be sworn to the faithful discharge thereof, and shall give bond with Town treasurer, sufficient sureties to the Treasurer of the town or plantation in which he is appointed, in the penal sum of not less than five hundred nor more than one thousand dollars for the faithful performance of the duties of his office. And the Selectmen of towns, and Assessors of plantations in which such inspectors shall be appointed, shall annually examine the bonds given as aforesaid, and if the bond of any such in cient, to be re- spector shall by them be considered insufficient, they shall spector to be re- forthwith notify such inspector of the same, and if any inspector shall for thirty days after such notice, neglect to give bond as aforesaid to the satisfaction of such Selectmen or Assessors, it shall be their duty to give information thereof to the Governor who shall remove such inspector and appoint Persons injur- some other person to such office. And any person injured by the neglect or misdoings of any such inspector shall be entitled to a copy of such bond, and shall have a right to bring an action thereon in the name of such Treasurer for his own use Proceedings on and benefit: and on producing the original in Court and obtaining judgment thereon, execution shall issue for such sum only as shall be found due in damages to the person for whose use any such action shall be brought; and the amount thereof being entered by the Clerk of the Court on the original bond, the same may be delivered back, (by leaving a copy.) to the Treasurer from whom the same was received. if found insuffi newed, or in moved. ed may sue such bunds. such suits. Quality and size of casks for packing pickled fish, SEC. 2. Be it further enacted, That all barrels, half barrels and tierces which shall be made or used for the purpose of packing or containing pickled fish, shall be made of sound, well seasoned white oak, ash, red oak, spruce, pine or chestnut staves of rift timber, with heading of either of the said kinds of wood, sound, well seasoned, and the pine heads free from sap: said heading to be well planed; the barrels, half barrels and tierces to be well hooped, with at least three hoops on each bilge, and three hoops on each chime, all of which shall be good hoops of sufficient substance, the barrel staves to be twenty-eight inches in length, and the heads to be seventeen inches between the chimes; and to contain not less than twenty-nine nor more than thirty gallons; and barrels, half barrels and tierces shall be branded on the side of the cask near the bung with the name of the maker or owner of said cask, and shall be made in a workmanlike manner, to hold pickle; the half barrels to contain not less than fifteen gallons, and the tierces to contain not less than forty-five nor more than forty-six gallons: Provided however, That nothing Proviso as to contained in this Act, shall extend to fish packed in kegs of less than ten gallons. fish in kegs. size of boxes rings. SEC. 3. Be it further enacted, That all boxes which shall quality and be made for the purpose of packing smoked alewives or for packing ale herrings and containing the same, shall be made of good wives and her sound boards, sawed and well seasoned, the sides, top and bottom of not less than half inch boards, and the ends not less than three quarters of inch boards, securely nailed with not less than eight sixpenny nails, and sixteen fourpenny nails to each box, and the top of each box to be planed, and shall be seventeen inches in length, eleven inches in breadth and six inches in depth in the clear, inside. And all ale- Herring, &c. wives or herrings intended to be smoked and packed shall for exporting be sufficiently salted and smoked, to cure and preserve the ed and smoked. same; and afterwards closely packed in the boxes, in clear and dry weather. to be well salt tors as to pack ing salmon, aekerel, &c. SEC. 4. Be it further enacted, That it shall be the duty Duty of inspec of the inspector to see that salmon, mackerel, shad and all other kinds of split pickled fish, or fish for barrelling, have been well struck with salt or pickle in the first instance, and preserved sweet, free from rust, taint or damage. And such fish as are in good order, and of a good quality, shall be packed in tierces, barrels or half barrels; the tierces shall contain three hundred pounds, the barrels shall contain two hundred pounds, and the half barrels one hundred pounds of fish each; and the same shall be packed with thirty-five pounds of good and clean coarse salt, suitable for the purpose to each barrel; and said casks after being packed and headed up with the fish, and sufficient salt to preserve the same, shall be filled up with a clear strong pickle; and shall be branded Salmon, Mackerel, Shad, (or as the case may be ;) those of the best quality, caught in ing. the right season, to be most approved, and free from dam- Cargo No. 1, age, shall be branded Cargo No. 1; those which remain. after the best have been selected, being sweet and free from Cargo No. 2. taint, rust or damage shall be branded Cargo No. 2; and there shall be a third quality, which shall consist of the cargo No. 3. thinnest and poorest of those that are sweet and wholesome, which shall be branded Cargo No. 3. And the inspector shall also brand in plain legible letters on the head of each and every cask, in which inspected merchantable fish or whole fish are packed or repacked, the weight, and initials of his christian name, with his surname at large, the name of the town for which he is appointed, and the word Maine an Mode of brand |