unless inspect State or Government, shall be sold or offered for sale before ed according to this act. the same shall have been regularly inspected according to Penalty for vio. the provisions of this Act; and each and every person who

lation.

buy or sell, or offer for sale [ANY] pickled or smoked fish which shall be brought into this State from any other State or Government, before the same is regularly inspected as aforesaid, shall severally forfeit and pay five dollars for each and How recovered. every hundred pounds weight, so bought or sold; to be recovered by any person who shall prosecute for the same, by action of debt, or on the case, before any Court proper to try

Penalty for

master of ves

on board a ves

sel, &c. fish not

inspected and

branded.

the same.

SEC. 11. Be it further enacted, That if any master of a sels receiving vessel or other person shall put or receive on board any vessel or other carriage of conveyance to transport the same from this State, any pickled or whole fish packed in casks which are not inspected and branded in manner by this Act prescribed, he or they, on conviction, shall forfeit and pay not less than five dollars, nor more than ten dollars for each and every hundred pounds of such uninspected fish.

Penalty for ex

porting smok

herring, not inspected and branded.

SEC. 12. Be it further enacted, That no smoked alewives ed ale wives, or or herrings which shall not have been inspected and branded agreeably to the provisions of this Act, shall be exported from this State, under a penalty of two dollars for each box so exported; nor shall any alewives or herrings be taken from any box so inspected and branded, and others of an inferior quality be put in their place, with intent to deceive or defraud any person in the sale of the same, under a penalty of five dollars for each box so changed.

Penalty for inspectors braud.

or

to use his

SEC. 13. Be it further enacted, That if the inspector shall ing casks, &e brand any cask, the contents of which he has not inspected, by him; or per-packed, salted and coopered, or any boxes of smoked alemitting others wives or herrings, which he has not inspected, packed and brands unlaw nailed according to the true intent and meaning of this Act, or if he shall permit other persons to use his brands in violation or evasion thereof, he or they so offending, shall forfeit and pay for every cask and box so branded, the sum of twenty dollars.

fully.

Persons in cer

tain cases to

tors with

brands.

SEC. 14. Be it further enacted, That all persons within furr ish inspec- this State who shall have fish for packing and pickling either in bulk or in casks to the amount of twenty barrels in one season, shall furnish the inspector with a branding iron, containing the first letter of the owner's christian name, and his surname at large; and the inspector shall cause the names of such owners to be fairly branded on the head of every Penalty for ne- cask of their inspected fish; and if any such owner of fish shall refuse or neglect to furnish such brand, he shall forfeit and pay for such neglect and refusal, not less than five dollars, nor more than twenty dollars; and all kinds of pickled sumption, how fish which are packed in tierces, barrels or half barrels for consumption within this State, and which are not subject to

glect.

Pickled fish

for home con

to be packed.

be inspected and branded as provided for exportation, shall, however, be packed with only one kind of fish in each cask, and there shall be the same weight in each cask as is provided by the fourth section of this Act; and for intermixing different kinds of fish in the same cask, or for short weight in any cask, the owners or venders shall be subjected to the same penalties and forfeitures as are provided by this Act for the like offence in the inspected pickled fish.

how recovered.

SEC. 15. Be it further enacted, That all penalties and Penalties and forfeitures arising by force and virtue of this Act, except the forfeitures, penalties of five dollars mentioned in the ninth and tenth sections of this Act, shall be recovered by action of debt in any Court proper to try the same; one moiety thereof for the use of the town or plantation wherein the offence shall be committed, and the other moiety to him or them who shall sue for the same.

be paid by the

purchaser.

SEC. 16. Be it further enacted, That the charges for Fees for certifi certificates, inspecting and branding, shall be paid by the caces, &c. to exporter or purchaser, in addition to the purchase or cost exporter or of the fish; and bills for the legal fees of inspection and cirtificates, shall in the first instance be paid by the original owner of said fish, or by the person employing the inspector; and all such owners or employers are hereby empowered to demand and recover the amount of said bills from the subsequent purchaser or exporter.

office continu

SEC. 17. Be it further enacted, That the inspector and Inspectors in his deputies legally appointed and now in office shall contin- ed until April ue to hold and enjoy their respective offices until the tenth 10, 1821. day of April next.

dollars.

SEC. 18. Be it further enacted, That every inspector of Inspectors to fish appointed in this State, shall, on being qualified for such pay duty of 5 office pay to the Treasurer of the town or plantation in which he shall reside, five dollars; and it shall be the duty of such Treasurer to pay over all monies so received to the Treasurer of this State, on or before the twentieth day of January annually.

fees.

SEC. 19. Be it further enacted, That the inspectors shall Inspectors' be paid for each certificate for exportation, seventeen cents; and for inspecting and branding each and every cask of fish as directed by this Act; for each tierce ten cents, for each barrel seven cents, for each half barrel four cents, for each box of smoked herrings or alewives two cents; exclusive of the labor and expense for packing and coopering; and the fees for inspecting and the expense for packing and coopering shall be paid by the seller.

[Approved March 22, 1821.]

Governor to appoint a State inspector of pot and pearl ashes,

bond,

CHAPTER CLI.

An Act to ascertain the quality of Pot and Pearl Ashes, and for the more effectual inspection of the same.

SEC. 1. BE it enacted by the Senate and House of Representatrves, in Legislature assembled, That there shall be an inspector of pot and pearl ashes for the State, who shall be well skilled in the knowledge and properties 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; and who shall give who, before he shall enter upon the duties of his office, shall give bond with sufficient sureties, to the Treasurer of the State, in the penal sum of three 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 in every sea port town where pot and pearl ashes are exported, and such other places as he shall judge necessary; for whom he shall be answerable, and shall take bonds from them with sufficient surety or sureties, and they shall also be sworn to the faithful discharge of their duty.

and be sworn, and appoint deputy inspec

tors,

who shall give bonds to him,

and be under oath.

Size and quali

pearl asbes casks.

SEC. 2. Be it further enacted, That every cask in which ty of pot and pot or pearl ashes shall be packed for exportation, shall be made of sound and well seasoned oak or white ash staves and heading, full bound, twenty-nine inches in length, nineteen inches diameter in the head, and of such weight in proportion to its contents, as will amount, as near as may be, to fourteen per centum tare thereon.

Manufacturer of pot and pearl ashes to

brand his name, &c. on casks.

SEC. 3. Be it further enacted, That every manufacturer of pot and pearl ashes within this State shall brand each cask containing the same with the initial letters of his christian name, and his surname at full length, with the name of the town where the same shall be manufactured, before the same shall be removed from the manufactory, under the penalty of one dollar for each cask so removed without being previously branded as aforesaid.

SEC. 4. Be it further enacted, That no person or persons whatsoever shall ship any pot or pearl ashes, for exportation, before he shall first have submitted the same to the view and examination of the inspector or his deputy, who shall be appointed as herein after mentioned; who shall start the same out of the casks, and carefully examine, try and inspect the same, and sort the same in three different sorts, if necessary; that the said inspector shall put each sort by itself in tight new casks, well hooped and coopered, which he shall dis, tinguish by the words, first sort, second sort, or third sort, with the words pot or pearl ashes, as the same may be, branded in plain legible letters, together with the letters of his name, the place where such pot or pearl ashes shall be inspected, as also the word " Maine" at full length on each

weigh casks

cask and the said inspector, or his deputy at the time of Inspector shail starting pot or pearl ashes for inspection, shall weigh the and mark the cask or casks and mark the weight with a marking iron on

each head thereof.

weight.

enter vessels,

of casks not

found, to be

SEC. 5. Be it further enacted, That every such inspect- Inspector may or shall have full power and authority by virtue of this Act, &e in search and without further or other warrant, to enter on board any branded, &c. ship or vessel whatsoever, lying and being in the harbor where such inspector is authorized to inspect pot or pearl ashes, shipped or shipping on board any such vessel for exportation from this State: and if said inspector shall, on if any be search, discover any cask or casks of pot or pearl ashes, not forfeited. branded as before directed, the person or persons so shipping or having shipped the same, shall forfeit all and every such cask or casks of pot and pearl ashes, so shipped or shipping, and not branded in the manner herein before directed. And Inspector may such inspector, or his deputy, shall and may seize and carry seize the same away and secure the same for trial, and require necessary aid for that purpose, which it shall be the duty of every person so required to give on pain of forfeiting the sum of seven dollars for his refusal or neglect. And the master or command- Penalty on er of any such vessel, who shall receive on board any such sel for receiv cask or casks of pot or pearl ashes, not branded as aforesaid, and pearl ashshall forfeit the sum of twenty dollars for each cask so re- es un board, ceived. And if any master of any ship or vessel, or any of his servants or seamen, shall obstruct or hinder the said inspector in making such search, as aforesaid, every person so offending shall forfeit for each offence the sum of thirty dollars.

SEC. 6. Be it further enacted, That if any inspector of pot or pearl ashes, (according to the duties of this Act,) shall, on application made for the examination of any pot or pearl ashes 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 three dollars.

for trial.

master of ves

ing such pot

not branded.

spector for re inspection.

Penalty on in

ng

sing or delay

Penalty for

ulent branding,

SEC. 7. Be it further enacted, That if any person shall brand any cask of pot or pearl ashes manufactured by him- false and fraudself, with the name of any other person than his own, or shall brand any such cask manufactured by another person with his own name; or shall counterfeit any brand belonging to, or counterfeit or proper to be used by the said inspector, or any of his deputies, or shall impress or brand any cask of pot or pearl ashes with any brand or brands of such inspectors, or with any counterfeited as aforesaid, he shall forfeit and pay for each offence the sum of two hundred dollars.

fraudulently

SEC. 8. Be it further enacted, That if any person shall Penalty for empty any cask or casks of pot or pearl ashes, inspected and shifting con branded as by this Act is required, and put in any other pot

tents of casks.

Fines and forfeitures, how recovered.

Fees of inspec

ties.

and pearl ashes for sale or exportation, without first cutting out the said brand marks, the person or persons so offending shall for each cask, forfeit and pay the sum of two hundred dollars.

SEC. 9. Be it further enacted, That all fines and forfeitures mentioned in this Act, above the sum of twenty dollars, and under sixty dollars, shall and may be sued for and recovered with costs, by any person to his own use: But if the sum shall amount to sixty dollars, or more, then one half to his own use, and the other half to the use of the State, and in both cases by action of debt in the Circuit Court of Common Pleas, in the county where the offence shall be committed, with liberty of appeal as in other civil actions. But if the forfeiture shall be twenty dollars, or under, then it may be sued for by such action, for the use of the prosecutor, before a Justice of the Peace, with like liberty of appeal. And all casks of pot or pearl ashes, forfeited and seized as aforesaid, may be prosecuted to condemnation by the officer seizing the same, by libel before the Circuit Court of Common Pleas in the county where seizure shall be made, if above the value of twenty dollars, or before a Justice of the Peace, if under that sum, with liberty of appeal to the Supreme Judicial Court or Circuit Court of Common Pleas, respectively, as the case may require, and after condemnation, the same shall be sold at public vendue, by such officer; and after payment of all charges, one half of the remainder shall be by him paid into the Treasury, for the use of the State, and the other half be for the use of such officer.

SEC. 10. Be it further enacted, That the inspector of pot tors and depu- and pearl ashes, or his deputy, shall have and receive for inspecting the same, the sum of seven cents for every hundred weight so inspected, and also the further sum of eight cents for coopering and nailing each cask and putting the same in shipping order, to be paid by the purchaser.

Inspector not

his deputies

SEC. 11. Be it further enacted, That the said inspector shall to receive from not in future, receive from any deputy he has, or shall appoint, more than 7 1-2 more than seven and an half per cent. on the sum first above mentioned, and no part of the sum allowed for cooperage.

per cent. of their fees,

Inspector gen

annual return

State in May.

SEC. 12. Be it further enacted, That it shall be the duty erai to rake of the inspector of pot and pearl ashes annually in the month to secretary of of May to make a return of the number of casks of pot and Substance of pearl ashes, specifying the number under each brand, and the weight of each specific quality inspected by him or his deputies; said returns to be made up to the first day of May of each year, and to be transmitted to the office of the Secretary of this State, in the course of the same month. And

sach return.

make return to

him.

His deputies to the inspector of pot and pearl ashes shall require of his deputies to make the returns to him necessary to carry into effect the foregoing provision.

Inspectors, &c. now in office to

SEC. 13. Be it further enacted, That the Inspector Gen