eral and his deputies, legally appointed, and now in office, continue until,. shall continue to hold and enjoy their respective offices, until others shall be appointed in their stead.

[Approved March 10, 1821.]

:00:

CHAPTER CLII.

An Act to provide for the inspection of Hops for exportation.

pointed by gov

Inspector to

SEC. 1. BE it enacted by the Senate and House of Repre- Impector of sentatives, in Legislature assembled, That there shall be an in- hops to be apspector of hops for this State, who shall be appointed by ernor, &c. the Governor, with advice of Council, who shall be removable at pleasure, who shall give bond, with sufficient suretics, give bond, to the Treasurer of this State, in the penal sum of three thousand dollars, for the faithful discharge of his duty, and shall be sworn faithfully to perform the same; and such inspector shall have power to appoint deputy inspectors, who and appoint shall be removable by him at pleasure, for whose conduct are also to give he shall be answerable, and from whom he may require sufficient bonds for the faithful discharge of their duty.

deputies who

bond.

tors,

SEC. 2. Be it further enacted, That it shall be the duty of Duty of inspeethe inspector or one of his deputies to examine the contents of every bag or pocket of hops, intended to be exported, in such manner as to ascertain the quality of such hops, and if found merchantable, as before prescribed, and that they are firmly packed, and have been so packed at least ten days previous to said examination; and that the bags or pockets are such as have been before prescribed; he shall distin- to mark bags of guish the same by marking them in legible characters, with hops, &c. the words first sort, or second sort, or refuse, as their quality may be; he shall add thereto the date of the year of which, in his opinion, they are the growth, together with the initials of his, (the inspector's,) christian, and the whole of his surname, and the word MAINE; for which inspecting, marking, Inspector's weighing and delivering an attested schedule of the same, he lees. shall receive at the rate of ten cents for every hundred pounds weight so inspected, to be paid to him by the purchaser, exclusive of the charges of repacking, and mending the bags or pockets, when necessary, which shall be paid by the vender of the hops; and exclusive also of storage, should said hops be stored by said inspector more than thirty days after being inspected.

chantable hup.

SEC. 3. Be it further enacted, That hops shall not be quality of mer deemed merchantable, unless they have been well picked, are free from stems and leaves, and dried on a kiln, with charcoal fire; and the bags or pockets in which they are packed shall be made sufficiently strong to preserve the hops from damage, and of such a texture as will fairly receive the marks of the cultivator and inspector; and the bags or

No hops to be shipped or exported without inspection.

Masters of vest

to collector, a

inspection, be

pockets shall be marked with the name of the cultivator and the town in which he lives.

SEC. 4. Be it further enacted, That hops shall not be shipped or exported from this State, except they are of the qual ity hereinafter mentioned, and have been duly inspected and marked agreeable to the provisions of this Act; and that the hops so inspected shall be in square bags or pockets; each bag to contain four hundred weight, and each pocket two hundred weight of merchantable hops, as near as may be. SEC. 5. Be it further enacted, That no hops shall be exsels to produce ported from this State, unless the master or owner of the certificate of vessel, in which such hops are shipped, shall produce to the fore clearance. Collector, or other officer authorized by the laws of the United States to clear out vessels, a certificate of the inspector or one of his deputies, for which he shall be allowed to charge twenty-five cents to be paid by the shipper, that the same has been duly inspected, marked and weighed, agreeably to the directions of this Act; which certificate shall express the number of bags, or pockets of each sort of hops, with the weight of each bag or pocket; and the master or owner of every vessel in which hops are so exported, shall, on producing such certificate, take and subscribe the following oath, viz:

Oath of master or owner.

Penalties for

unless

spected and marked.

is

"I do swear, that according to the best of my knowledge and belief the certificate hereunto annexed contains the whole quantity of hops on board the -, of which master; and that there are no hops on board said vessel, for the use of the ship's company, on freight, or on cargo, but what have been inspected and marked according to the law of this State. So help me GOD."

SEC. 6. Be it further enacted, That if any person or perexporting hops sons shall export or ship for exportation out of this State, any hops not inspected and marked as by this Act is directed, every such exporter or shipper, and the master of every ves sel, having on board such uninspected hops, shall, on conviction respectively forfeit and pay the sums following: the owner or exporter shall pay the sum of twenty dollars; the master of every vessel having the same on board, the sum of ten dollars, for every bag or pocket exported or shipped for exportation. And it shall be lawful for the inspector or any of his deputics, on information given of any hops being put on board any vessels as aforesaid, not inspected and marked, as required by this Act, to issue a warrant directed to the Sheriff or his deputy, or to a Constable, requiring them respectively to make a seizure of any such hops, not inspected and marked 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 any person, when requested, to give the necessary aid for that purpose on pain of forfeiting five dollars for his

Inspector may seize hops on if not inspect

board vessels

ed.

vor of hops

wise for inspec

refusal: Provided, always, That nothing in this Act contain- Proviso in faed, shall be construed to effect any hops shipped coastwise shipped coastwithin this State, for the purpose of being inspected and tion. marked as aforesaid, in which case a certificate from the owner shall accompany the same so shipped coastwise for the purpose aforesaid, setting forth the owner's name, the number of bags, pockets or packages and the name of the inspector, to whom they are sent for inspection.

delay of in

SEC. 7. Be it further enacted, That if an inspector of Penalty for hops, on application made to him to examine any hops, shall unnecessarily neglect or delay to examine, mark and weigh them, the inspector so neglecting or delaying shall for each offence forfeit and pay the sum of five dollars.

counterfeiting

mark.

SEC. 8. Be it further enacted, That if any person shall Penalty for counterfeit or alter any mark, belonging to, or proper to be inspector's used by the inspector of hops, his deputy or deputies; or shall mark any bag or pockets of hops with any letters or marks aforesaid, he shall forfeit the hops so marked and for each offence the sum of ten dollars.

from one bag

SEC. 9. Be it further enacted, That if any person shall Penalty for empty any bag or pocket of hops, marked as by this Act is shifting hops required, and put in any other hops, for sale or exportation, to another, without first cutting out said marks, the person or persons so offending shall for each offence forfeit the sum of five dollars.

deputies.

SEC. 10. Be it further enacted, That if the inspector of For frand in hops, or any of his deputies, shall be guilty of any fraud in inspector or his inspecting hops, contrary to the true intent and meaning of this Act, or shall put their marks on any bag, pocket or package of hops, which have not been actually examined, inspected and found merchantable, he or they shall forfeit and pay twenty dollars, for each and every bag, pocket or package so falsely marked.

&c.

SEC. 11. Be it further enacted, That if any person shall For mixing, intermix, take out or shift any hops from any bag, or pocket inspected and marked as by this Act is required, or shall put in any other hops for sale or exportation, contrary to the true intention of this Act, the person or persons so offending shall forfeit and pay twenty dollars for every such offence.

recovered and

SEC. 12. Be it further enacted, That all penalties and for- Penalties bow feitures, arising in virtue of this Act, shall be recoverable by appropriated action of debt or information in any Court proper to try the same; one moiety to the use of the town wherein the offence shall be committed, the other moiety to him who shall sue for the same.

Inspector en

titled to one

SEC. 13. Be it further enacted, That the inspector of hops shall be entitled to receive from his deputies one fifth part offth of his depe all the fees said deputies may receive in the execution of this uties' fees. Act.

Inspector to

SEC. 14. Be it further enacted, That it shall be the duty of the inspector of hops, annually in the month of May, to make make annual

return to See,

in May.

retary of State, a return into the office of the Secretary of this State, of the whole number of bags marked by him, of the different qualities, and the weight of each quality respectively, inspected by him or his deputies; said returns to be made up to the Deputies of in- first day of May of each year. And the inspector of hops shall make returns require of his deputies to make the returns to him necessary to carry into effect this provision.

spector to

to him.

Inspectors now in office to

SEC. 15. Be it further enacted, That the Inspector Gencontinue, &c. eral and his deputies legally appointed and now in office, shall continue to hold and enjoy their respective offices, until others shall be appointed in their stead.

Malt to be dried and cleansed before sold.

Penalty for neglect.

Uncleansed

malt not mer. chantable.

Duty of mas

ter of vessels

[Approved February 20, 1821.]

00

CHAPTER CLIII.

An Act for the better making and measuring of Malt.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That no maltster or malt maker shall deliver, vend or pass away any malt by him made or caused to be made, before the same be well dried and cleansed by screening of it from the dust and taile which arises in the making, drying and ordering of it in his hands, on pain of forfeiting twenty cents per bushel for each bushel by him delivered, sold or passed away, not being so cleansed and dried, upon conviction thereof before any Justice of the Peace, where the forfeiture shall not exceed the sum of five dollars; or if above, before the Circuit Court of Common Pleas holden within the county: one moiety of such forfeiture to be unto the use of the poor of the town where the offence is committed, and the other moiety to him or them that shall complain or inform and sue for the same. And such Court or Justice respectively, are hereby empowered, in case such maltster shall stand to justify that his malt is well dried and cleansed as aforesaid, to nominate and appoint three or more credible, skilful persons to view and judge thereof upon their oaths; and to administer an oath to them to be indifferent and impartial therein. And no malt made of barley shall be accounted merchantable, but such as shall be well cleansed from the dust, oats, tares and cockle. And every person that shall offer and expose to sale any barley malt, for merchantable not being cleansed as aforesaid, shall forfeit and pay the sum of twenty cents a bushel, for each bushel so offered or exposed to sale, being thereof convicted in manner as is herein before provided, to be applied to the use before mentioned.

SEC. 2. Be it further enacted, That every master of any carrying malt. vessel that shall receive on board his vessel any malt to be transported to a market, shall take effectual care, and make sufficient provision for the keeping of merchantable malt,

1

separate and apart by itself, that it be not intermixt with what is unmerchantable, on pain of losing and forfeiting the value of all the freight to be paid for the malt so mixed; to the use of the poor of the town where such malt shall be delivered, upon conviction thereof as aforesaid: and shall be further liable to make good to the shipper or owner of all such merchantable malt mixt as aforesaid, all loss and damage that he shall sustain thereby to be recovered by action therefor to be brought in any Court proper to try the same.

SEC. 3. Be it further enacted, That in the measuring of Mode of meas. malt the strike shall be carried softly and sawing, any law, uring. usage or custom to the contrary notwithstanding.

[Approved February 28, 1821.]

:00:

CHAPTER CLIV.

An Act for regulating the exportation of Tobacco and the weight of Onions in bunches.

tobacco to be

Their duties

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the Governor by and Inspectors of with the advice of Council, be, and is hereby empowered to appointed by appoint, in such seaport and other exporting towns within the governor. this State, as there shall be occasion, one or more skilful and disinterested person or persons to be inspectors of tobacco that shall be exported from this State, who shall be sworn to To be sworn. the due and impartial execution of their trust; and their duty shall be to inspect all tobacco that shall be intended to be laden on board of any vessel for foreign exportation, or that shall be intended to be transported by land or water, to either of the United States; and every such inspector is hereby required and authorized, to open the cask containing the and powers. said commodity, intended to be exported as aforesaid, and inspect it in four equal divisions; that is to say, they shall take the casks from the tobacco, and with an iron bar, or other instrument, lift one quarter, and then go through the whole, until it shall be examined in four different parts, and see that it be properly dry, well cured, not rotten or damaged, and of the weight and packed in such casks as are herein after mentioned; and such part as appears to be damaged, or rotten, or unfit for exportation, shall be burned; and on every cask containing the said quantity, which by such inspection, shall, according to the inspector's best judgment, appear to be well cured, and not rotten or damaged as aforesaid, he shall mark or impress with a burning iron the letters A. P. To mark casks, with the name of the town, where it shall be thus approved, the name of said inspector at large, and the letter I. at the end thereof denoting that the same has been inspected and approved.

and bow.

SEC. 2. Be it further enacted, That no tobacco shall be No tobacco to shipped or exported from this State, but such only as shall unless inspect

be exported

ed.