to appoint sworn. bonds shall be approved by the Court of Sessions in and for the county of Lincoln; and each of said inspectors, when so Each inspector qualified, shall have power to appoint in and for the town in deputies, which he resides, as many deputy inspectors as he shall judge necessary, for whose faithful conduct in the discharge of the duties of their respective offices, the inspector appointing them, shall be answerable; and shall take a bond from each of them to himself in the sum of five hundred dollars; and said deputies shall severally be sworn to the faithful dis- who shall be charge of their duty before they shall enter upon the same. And the Selectmen of each town within this State in which Selectmen of stone lime is manufactured, except the towns of Thomaston, the State may Camden, and Warren, shall appoint one or more inspectors appoint inof stone lime and lime casks, within and for such town, to be by them removable at pleasure, upon misbehavior in said office; and each inspector thus appointed by the Selectmen, shall, before he enters upon the duties of his office, be sworn faithfully to perform the same and give bonds, with sufficient sureties to the Treasurer of such town, in the sum of five hundred dollars, conditioned for the faithful performance of the duties of his office. other towns in spectors to be sworn and give bond. deputies. SEC. 5. Be it further enacted, That it shall be the duty of Duty of ing each of the inspectors, appointed by the Governor and Coun- spectors and cil by virtue of this Act, either by himself or his deputy; and of the several inspectors appointed by the Selectmen of towns as aforesaid, to inspect all stone lime, which shall be manufactured within the town wherein such inspector or inspectors reside, at the time the same shall be filled into casks, at the kiln where it is burnt; and to inspect the casks into which the same shall be put; and to see that the said lime and casks do, in all respects, conform to the provisions of this Act, and that the casks are well filled with such lime; and to brand each cask, when so filled, on one head thereof, with the name of the town where said lime was burnt and the first letter of the christian name, and the surname at length of the inspector or deputy inspector who inspected the same, with the word, INSPECTED; and if any such inspector Penalty for ne or deputy inspector, shall so brand any lime cask, the con- glect. tents of which he has not inspected, or shall brand any such cask as aforesaid which, or the contents wherein, do not in all respects conform to the true intent and meaning of this Act, or shall permit any other person or persons to use his brands in violation or evasion thereof, every such inspector or deputy inspector, so offending, shall forfeit and pay the sum of one dollar and fifty cents for every cask thus illegally branded by him or with his brands; and shall also be Liable also tú liable to all damages which any person may have suspay tained by reason of such neglect or misdoings; to be recovered by such person by an action of the case in any Court proper to try the same; which action, if the damages sus damages to party injured. Compensation to inspectors tained be by reason of the neglect or misdoings of any dep uty, may be brought either against such deputy or against the inspector who shall have appointed him. SEC. 6. Be it further enacted, That each inspector or and deputies. deputy inspector appointed by virtue of this Act, shall be paid by the manufacturer or owner of said lime, three and an half cents for each cask of lime inspected and branded according to the provisions of this Act; and each of the inspectors appointed by the Governor and Council, as aforesaid, shall be entitled to receive from any deputy by him ap pointed one half cent for every cask of lime said deputy shall inspect and brand as aforesaid. Penalty for selling, &c. er casks than • such as are al Jowed by this SEC. 7. Be it further enacted, That if any person shall sell or expose to sale, or ship or receive on board of any any lime in oth- vessel, in casks, any lime other than such as shall be contained in casks made as aforesaid, and having the aforesaid marks or brands of an inspector or deputy inspector as required by this Act respectively, the offender or offenders shall incur the penalty of one dollar and fifty cents for each cask of lime so illegally sold or offered for sale, or shipped or received on board any vessel. aet. Penalty for shifting con ed casks with sign. SEC. 8. Be it further enacted. That if after any cask or tents of brand- casks containing lime, shall have been branded as refraudulent de quired by this Act, any person shall presume to shift the contents of said cask or casks, and put therein any other lime with a design to sell the same, such person so offending shall forfeit and pay the sum of one dollar and fifty cents for every cask of lime so shifted. Penalties, how recovered, &c. Any person for penalties or SEC. 9. Be it further enacted, That all penalties and forfeitures incurred by virtue of this Act shall be recovered by action of debt by and for the use of any person or persons who shall sue therefor, and in any Court competent to try the same SEC. 10. Be it further enacted, That when any judgment shall ered judgment be recovered against any such inspector or deputy inspector. for damages or penalties or forfeitures on account of any neglect or misdoings in his said office, and the execution which shall have issued thereon shall be returned unsatisfied, and the said judgment still remaining in full force, the judgment creditor shall be entitled to a certified copy of such inspector or deputy inspector's bond, and shall have a right to commenee and prosecute to final judgment, and for his own benefit, an action thereon, in the name of the legal obligee in such bond, the writ being first endorsed by the party for whose benefit the suit is brought, or his agent or attorney, which endorser shall be answerable for all costs; and judgment when for the defendant, shall accordingly be rendered against the party for whose benefit said action was brought. Form of execu tion on judg. SEC. 11. Be it further enacted, That when judgment is renment in such dered on any bond as aforesaid, execution shall be awarded for the sum found due to the party for whose benefit said ac action. tion was brought, and being part of the penalty forfeited. And any execution which shall issue on said judgment shall express therein the name of the party for the use and benefit of whom the same was awarded; and if the execution shall When levied to be levied on any personal or real estate of the debtor, such use of such levy shall enure to such party for his sole use and benefit, to every intent and purpose. enure to the creditor. this act is to operate. prior to 15th as to lime to SEC. 12. Be it further enacted, That this Act shall have when and how effect and be in force from and after the first day of June next, when all laws now in force relating to the subject of this Act shall be repealed and cease to have effect: Provid ed, That any inspector or deputy inspector to be appointed by virtue of this Act may be appointed and qualified in pursuance of the same at any time from and after the passage thereof. And that nothing in this Act contained shall in any Not to affect manner affect any contract or agreement which may have made been or shall be entered into, prior to the fifteenth day of of March, 1821. March current, by writing under seal for the sale and delive- exported, &c. ry of lime in casks containing fifty gallons each, at any place out of this State, subsequent to the said first day of June; and it shall be lawful for any person in pursuance of such contract or agreement to ship, and for the master of any vessel to receive on board lime, contained in casks of fifty gallons, after the said first day of June, the same having been first inspected and branded according to the laws in force in this State at the time of entering into such contract or agreement; and any inspector or deputy inspector, who shall be appointed by virtue of this Act, is hereby authorized and empowered to inspect and brand the same according to the laws now in force. [Approved March 15, 1821.] -:0: CHAPTER CLVII. An Act to regulate the Manufacture of Nails within this State. tor of nails. His duty. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the Governor by and Governor to apwith the advice and consent of the Council, be, and he here- Poninspecby is empowered to appoint one suitable person to be inspector of nails; whose duty it shall be to examine every cask of wrought nails which shall be brought to him for inspection, by opening such cask, turning out the nails contained therein, weighing them, and ascertaining the number of them necessary to make a pound, their quality, (both as respects the workmanship of them, and the iron of which they are made,) and shall then proceed and make, mark or brand on the head of such cask, the number thereof, the whole weight of the cask and nails, the weight of the cask only, or the tare, the number of nails necessary to make a pound, and also the Inspector to appoint his deputies, Inspector and deputies to quality thereof, to wit: first sort, second sort, and third sort, or refuse; and shall also thereupon stamp his name at large, and the title of his office. SEC. 2. Be it further enacted, That the inspector to be appointed as aforesaid, be and hereby is authorized to appoint, within any town in this State, from which nails are usually exported; a deputy or deputies, who are hereby authorized and empowered to do and perform all the duties incumbent on the said inspector by law, in their respective towns; and the said inspector and his deputies shall severally give bonds give bond, and to the State with sufficient sureties, in the opinion of the Governor and Council, and in such sum as they may direct, and shall also be under oath, for the faithful discharge of the duties of their office, previous to their entering on the duties thereof, and the bonds so given shall be lodged in the public treasury. to be under oatb. Casks which are required to be branded. Inspector to of number, weight, &c. Wrought nails SEC. 3. Be it further enacted, That this Act shall not constrain the inspector to mark or brand the head of any cask, containing any nails, thirty-five whereof shall weigh more than one pound; but beginning at thirty-five, it shall be his duty to observe five as the progressing number, in the number of nails necessary to weigh a pound, in any cask which he shall be required to inspect; always choosing and marking such progressive number as aforesaid, to which the number of nails in a pound nearest approaches. SEC. 4. Be it further enacted, That the inspector shall give certificate give a certificate or weight note, expressing the number of the cask, the whole weight, the weight of tare, and the number of nails in a pound, agreeable to his marks of inspection, with the quality of the nails in said casks; and that all wrought nails shall hereafter be sold by the pound or by real thousands, delivering and receiving so many pounds for a thousand as will produce ten net hundreds, agreeable to the marks of inspection; and all nail casks shall be made of seasoned timber. to be sold by by real thou the pound, or sands. Casks, bow to be made and hooped and size of them. SEC. 5. Be it further enacted, That it shall be the duty of said inspector and his deputies respectively, to see that every cask containing such nails, shall be well made, of sufficient strength, and well lined at both heads; the cask to be secured with eight or more good hoops, and to contain not Duty of inspec, more than three hundred and fifty pounds of nails. And in case any such cask shall, (in the opinion of such inspector or deputy,) be unfit for use, it shall be by him condemned; and if any hoops be wanting to complete the number before mentioned, on any cask otherwise fit for use, he shall put on the same, at the expense of the person applying for inspection as aforesaid. tor as to bad casks. Penalty for ex porting from SEC. 6. Be it further enacted, That no person shall exthis State nails port from this State, by land or water, any cask, package or and marked, quantity of nails, which shall not be inspected, marked and not inspected &c. ed. branded as aforesaid; as of the first or second or third sort, upon the pain of forfeiting a sum equal to the value of each cask, package or quantity so exported; to be sued for and How recover recovered by action of debt, in any Court proper to try the same; one half to the use of the prosecutor, and the other half to the use of such town, from whence they may be exported and the like penalty may be in like manner and to Like penalty like uses prosecuted for, against, and recovered of any mas-vessel receiving ter of any vessel which shall receive on board for exporta- board. tion; or any waggoner who shall export as aforesaid, any such nails not inspected, marked and branded as aforesaid. for master of Such nails of any other State into this, not to or put on board this State, "B and branded. SEC. 7. Be it further enacted, That any package or cask Nails made in of wrought nails, manufactured in this State, or in any other and brought of the United States, which shall be brought into this State be sold here, for sale, and shall be put on board any vessel, waggon, of vessel for excarriage for transportation, or conveyance by land or water, portation from from this State, or shall be offered for sale in any store, til inspected street or elsewhere, without being first inspected and branded, agreeable to this Act, shall be forfeited. And it shall be Justice may lawful for any Justice of Peace, on information given of rant to seize any such nails not inspected and marked as aforesaid, to trial. issue his warrant, directed to the Sheriff or his deputy, or Constable, requiring them respectively, to make seizure of all such nails, not marked, and to secure the same in order for trial; and such officers are hereby respectively empowered and required to execute the same. any issue his war such nails for spector's ne spect, when SEC. 8. Be it further enacted, That if the said inspector Penalty for inor any of his deputies, shall, on application made for the in- gleeing to inspection of cask or casks of nails as aforesaid, unreason- requested. ably delay to make such inspection, he shall forfeit and pay for each offence, the sum of four dollars, to be recovered and applied as the forfeiture herein before mentioned. counterfeiting SEC. 9. Be it further enacted, That if any person shall Penalty for counterfeit any brand used, or intended to be used for the brand, with intent to purposes aforesaid, or shall brand, mark or impress any cask or putting oth of nails with any such brand or counterfeit thereof; or put er nails into in into any cask inspected or branded as aforesaid, any other spected casks, nails than those contained therein, when the same shall have sell or export, been so inspected, with intent to sell or export any such nails so put in as aforesaid, he shall for each cask, into which nails, shall be so put, forfeit and pay the sum of twenty dollars to be recovered and applied, as the foregoing forfeitures herein mentioned are directed to be recovered and applied. brads how to SEC. 10. Be it further enacted, That cut nails and brads of cur nails and all sizes, shall be packed in good, strong and sufficient casks, be packed and made of seasoned timber, and well hooped; and shall not branded. contain more than three hundred net pounds in a cask; the nails and brads to be well made, and packed, free from waste pieces of iron, (unless refuse nails or brads,) or any fraudufent mixture increasing the weight; the manufacturer, (who |