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SECT. 11. He shall, in every seaport from which butter and lard are Deputies to be exported, and in such other places as he shall judge necessary, appoint appointed, to give and deputy-inspectors, for whose official conduct he shall be answerable; be sworn. R. S. 28, § 45. who shall be sworn before the inspector-general or a justice of the peace, and give bond to the inspector-general with sufficient sureties in the penal sum of five hundred dollars for the faithful discharge of the duties of their office.
SECT. 12. The inspector-general or his deputies shall examine casks, Manner of inkegs, or firkins, containing butter or lard intended to be exported, and ping R. S. 28, §§ 46, with a hollow iron searcher perforate the contents thereof from one head 48. to the other, and thereby draw out so much as shall determine the quality of the whole; and shall see that it has been preserved with a due proportion of good fine salt, that it is sweet and in all respects fit to be exported to any foreign market without danger of spoiling; and they shall return forthwith th butter or lard so drawn out of any cask, keg, or firkin.
SECT. 13. Each cask, keg, or firkin, of butter or lard, which appears Brands of casks, to be good and fit to be exported, shall be branded in plain and legible &c. letters with the words butter, or lard, and first, or second, or third; and all other butter or lard with the word refuse, and each cask, keg, or firkin, so inspected, shall be also branded with the letters MASS., (for Massachusetts,) the name of the place where it is inspected, the initial letter of the christian name of the inspector-general or deputy, and the whole of his surname, and the month and year in which the same is inspected. When the name of the month consists of more than one syllable it may [be] abbreviated.
SECT. 14. The several inspectors may, when requested, inspect and brand kegs of butter or lard of the following sizes, namely: kegs twelve inches long and of seven and a half inches diameter in the heads, or ten inches long with six inches head. All other casks, kegs, or firkins, in which butter or lard is packed for exportation, shall be made of sound and well-seasoned white oak or ash staves and heading, full bound, twelve and a half inches in length, and eight and a half inches diameter in the head, or fifteen inches in length, and ten and a half inches diameter in the head.
size of kegs and quality of casks. 51.
R. S. 28, §§ 50,
SECT. 15. Each cask, keg, or firkin, before butter or lard is packed Casks, &c., to therein, shall be filled with a strong brine, which shall remain therein be filled with three days; and as soon as the brine is emptied from the cask, keg, or packing; how firkin, it shall be weighed by the owner of such butter or lard, who shall R. §. 28, § 62. with a marking-iron mark on one of the heads thereof the full weight of the cask, keg, or firkin, and brand the initial letter of his christian name and his surname at large.
SECT. 16. The inspector-general shall annually in the month of May Inspector-genmake a return to the secretary's office of the whole number of casks, eral to make rethe different qualities, and the weight of each quality, of butter and Contents. lard inspected by him and his deputies during the year preceding the R. S. 28, § 47. first day of said month.
R. S. 28, § 54.
SECT. 17. The fees of the inspector-general or any deputy for ser- Fees. vices in inspecting, branding, weighing, and delivering to the owner an invoice or weigh note, under his hand, of the weight of each cask, keg, or firkin, shall be eight cents for each cask, keg, or firkin, to be paid by the purchaser of the same.
SECT. 18. If the inspector-general or a deputy, on application made Penalty for defor the inspection of butter or lard, unreasonably refuses, neglects, or laying to indelays, to proceed to such inspection and branding, for the space of three R. S. 28, § 55. hours after application so made to him, he shall for each offence forfeit
SECT. 19. Butter or lard imported into this state from another of Imported butthe United States may be shipped without inspection. SECT. 20. Whoever counterfeits a brand belonging to or used by the
R. S. 28, §§ 53,
inspector or his deputies, or impresses or brands a cask, keg, or firkin, counterfeiting of butter or lard, with a brand or brands of such inspector, or with a counterfeit brand, shall forfeit ten dollars for each offence; and if an owner of butter or lard falsely marks a cask, keg, or firkin thereof, he shall forfeit three dollars for each offence.
R. S. 28, § 56.
SECT. 21. Whoever empties a cask, keg, or firkin, of butter or lard, other butter in- inspected and branded as by this chapter is required, and puts in other butter or lard for sale or exportation without first cutting out the brands and marks, shall for each such cask, keg, or firkin, forfeit ten dollars.
to branded kegs,
&o. butter, &c., R. S. 28, §§ 46,
SECT. 22. Whoever exports or ships for exportation from this state butter or lard not inspected and branded as aforesaid (except butter and lard imported into this state from any other of the United States,) shall forfeit one dollar; and the master of every such vessel shall forfeit fifty cents for each cask, keg, or firkin, so shipped or exported.
SECT. 23. If butter or lard is shipped for exportation or exported from the state contrary to the provisions of this chapter, the inspectorgeneral or a deputy-inspector may seize and libel the same according to R. S. 118,5$ 20, the provisions of chapter one hundred and fifty-three, concerning the
R. 28, 59.
seizing and libelling of forfeited goods.
When butter, &c., may be seized and libelled.
R. S. 28,
SECT. 24. Manufacturers of chocolate shall not make any cake of to be stamped. chocolate except in pans in which shall be stamped the first letter of their christian name, the whole of their surname, the name of the town where they reside, and the quality of the chocolate in figures, No. 1, No. 2, No. 3, as the case may be, and the letters Mass.
ingredients of. Boxes, how branded. R. S. 28, § 61.
SECT. 25. Number one shall be made of cocoa of the first quality, number two of the second quality of cocoa, and both shall be free from adulteration; number three may be made of the inferior kinds and quality of cocoa. Each box containing chocolate shall be branded on the end thereof with the word chocolate, the name of the manufacturer, the town where manufactured, and the quality, as described and directed for the pans in the preceding section.
when may be seized, &c. R. S. 28, § 62.
SECT. 26. If chocolate manufactured in this state is offered for sale or found within the same, not being of one of the qualities described in R. S. 118, §§ 20, the two preceding sections and marked as therein directed, the same
may be seized and libelled.
Provers of fire
SECT. 27. The governor, with the advice and consent of the council, arms to be ap- shall appoint suitable persons, not exceeding six in each county where the manufacture of fire-arms is carried on, to be provers of fire-arms, who shall be sworn, and who shall prove all musket barrels and pistol barrels which, being sufficiently ground, bored, and breeched, are offered to them to be proved.
SECT. 28. All musket barrels and pistol barrels manufactured in this state shall before they are sold or stocked, be proved by one of the provers with a ball suited to the bore of the barrel and a charge of powder equal in weight to the ball. The powder used in such proof shall be such that one ounce thereof in a howitzer of four and a half inch calibre at an elevation of forty-five degrees shall be of sufficient power to carry a twelve-pound shot one hundred and thirty yards; or one ounce thereof in a howitzer of five and a half inch calibre at an elevation of forty-five degrees shall be sufficient to carry a twenty-four-pound shot eighty yards.
SECT. 29. If they stand the proof and in no respect fail, the prover shall stamp them on the upper side, within one and a half inches of the breech, with a stamp consisting of the initial letters of the prover's name,
R. S. 28, § 63. 1837, 207.
Fire-arms, how to be proved. R. S. 28, § 64.
how stamped. R. S. 28, § 65.
and over those letters the letter P, and in the line with the initial letters and farther up the barrel the figures designating the year in which the proof is made, and over such figures the letter M, which letters and figures shall be so deeply impressed on the barrel that the same cannot be erased or disfigured, and shall be in the form following: AB. 1858. When barrels burst or in any manner fail in the proving as aforesaid, so that in the opinion of the prover they are unfit for use, they shall not be stamped.
SECT. 30. For so proving each musket barrel the prover shall be entitled to receive from the owner thirty-three cents, and for each pistol barrel twenty-five cents, whether the same stand proof and are stamped,
Whoever forges or alters the stamp of a prover of firearms, impressed on a musket or pistol barrel pursuant to law, shall pay a fine not exceeding fifty dollars.
Fees for provR. S. 28, 566. ing fire-arms.
SECT. 31. Whoever manufactures within this state a musket or pistol, Penalty for or sells or delivers, or knowingly purchases, a musket or pistol so manu- buying, selling, factured, without having the barrels first proved, marked, and stamped, proved. or sells, stocks, or finishes, or knowingly purchases, a musket barrel or pistol barrel manufactured within this state, which has not been proved, marked, and stamped, shall forfeit for each offence ten dollars: provided, that the penalties and provisions mentioned in this section shall not extend to muskets or pistols, or musket or pistol barrels, manufactured in an armory of the United States, for the use of, or in execution of a contract for the manufacture of fire-arms made or to be made with, the United States.
for forging RS. 28, § 68.
SECT. 33. The inspector-general of fish shall give bond with suffi- Inspector-general to give cient sureties to the treasurer of the commonwealth in the penal sum of ten thousand dollars, and shall have no interest directly or indirectly R. S. 28, § 69. in the cure or packing of pickled fish.
1846, 170, § 2.
SECT. 34. He may appoint deputy-inspectors in every seaport or other town where such fish is packed for exportation, for whose official conduct he shall be answerable. He shall take bonds of each of them with sufficient sureties, and shall receive from each deputy an excise or fee for his commission and bond, of one dollar, and no more. The deputies shall be sworn either before the inspector-general or some justice of the peace.
may appoint deputies, who
shall give bond and be sworn. R. S. 28, § 70. 1853, 160, § 1.
1839, 132, §§ 1, 2.
SECT. 35. The inspector-general and deputy-inspectors shall inspect all fish for the inspection of which provision is made in this chapter. SECT. 36. Under the supervision of the inspector-general and his Fish, how predeputies respectively, all kinds of split pickled fish and fish for barrelling, and branded. except herring, and all codfish tongues and sounds, halibut fins and R. S. 28, §73. napes, and sword fish, whenever said articles are intended for exportation, shall be well struck with salt or pickle in the first instance, and preserved sweet and free from rust, taint, or damage; and when the same are found in good order and of good quality, they shall be packed either in tierces containing each three hundred pounds, in barrels containing each two hundred pounds, in half barrels containing each one hundred pounds, in quarter barrels containing each fifty pounds, in eighths of a barrel or kids containing each twenty-five pounds, or in kids, or packages containing each less than twenty-five pounds on which the number of pounds therein shall be branded. Every cask, kid, or package, shall be packed with good clean salt suitable for the purpose, and after packing with sufficient salt to preserve its contents, shall be headed or well secured, and filled up with a clean strong pickle.
SECT. 37. There shall be four qualities of mackerel, three of salmon
to inspect all
mon, shad, &c., ure, and quality
R. S. 28, § 73. 1846, 170, § 1.
and shad, and two of other kinds of pickled fish. Mackerel of the best quality, not mutilated, measuring not less than thirteen inches from the extremity of the head to the crotch or fork of the tail, free from rust, taint, or damage, shall be branded number one. The next best quality, being not less than eleven inches, measuring as aforesaid, free from rust, taint, or damage shall be branded number two. Those that remain after the above selections, if free from taint or damage, and not less than thirteen inches, measuring as aforesaid, shall be branded number three, large. Those of the next inferior quality, free from taint or damage, not less than ten inches in length as aforesaid, shall be branded number three. All other mackerel free from taint or damage shall be branded number four. Those salmon and shad which are of the best quality for family use, free from rust or damage, shall be selected for number one and number two, the best of them selected and branded number one, the residue number two; all that remain free from taint and sound shall be branded number three. Of all other pickled fish the best which are free from taint and damage shall be branded number one, those that remain free from taint and sound, number two.
how branded. R. S. 28, § 75.
Casks, &c., to contain same kind; penalty
SECT. 38. Each cask, kid, or package, shall be filled with fish of the same kind, or parts of the same kind of fish; and whoever intermixes, for shifting con- takes out, or shifts, any inspected fish which are packed or branded as
aforesaid, or puts in other fish for sale or exportation, shall forfeit fifteen
SECT. 39. The inspector shall brand in plain legible letters on the head of each cask of fish inspected by him, the denomination of the fish packed or repacked therein, the initials of his christian name and the whole of his surname, and, if a deputy, the name of the place for which he is appointed, the letters MASS., and the year in which the fish are packed; and shall also, when in his judgment it may be necessary, nail in a suitable manner any cask in which fish are packed.
Fish of foreign
SECT. 40. Pickled fish of foreign catch, on which an import duty is catch subject to laid by the laws of the United States, which is brought into this state
U. S. duty, how branded.
1850, 131, § 1.
and here inspected or reinspected, shall, in addition to the brand mentioned in the preceding sections, be branded with the word "Foreign" on the head of each cask, barrel, or package, in letters not less than one inch in length, and separate and distinct from the other brands.
Penalty on in
SECT. 41. If an inspector of fish inspects or reinspects any fish of spector for neg- foreign catch so imported and brought into this state, and refuses or
1850, 131, § 2.
neglects to comply with the requirements of the preceding section, he shall forfeit and pay for such refusal or neglect, fifteen dollars for every cask, barrel, or package, so neglected.
SECT. 42. Pickled fish, duly inspected in the state or country in
R. S. 28, § 77.
Certain fish not
to be reinspect- which it is packed, shall not be subject to reinspection in this state.
SECT. 43. Small fish, which are usually packed whole with dry salt or pickle, shall be put in good casks of the size and materials required in this chapter for the packing of split pickled fish, and shall be packed close in the cask and well salted; the casks shall be filled full with the fish and salt, and no more salt shall be put with the fish than is necessary for their preservation; and the casks containing such whole fish shall be branded with the denomination of the fish, and a like designation of the qualities as is before prescribed in this chapter in respect to the qualities of other pickled fish.
SECT. 44. Casks used for packing or repacking pickled fish intended and capacity of. for exportation, except casks containing less than twenty-five pounds
R. S. 28, 78.
weight, shall be made of sound, well-seasoned white oak, ash, red oak, spruce, pine, or chestnut staves, of rift timber, sound and well-seasoned, with heading of either of said kinds of wood, and when of pine such
heading shall be free from sap and knots, and be planed; the barrels, half barrels, and tierces, shall be well hooped with at least three good hoops of sufficient substance on each bilge and three hoops of the like quality on each chime; the barrel staves shall be twenty-eight inches in length, and the heads shall be seventeen inches between the chimes; the barrels shall contain not less than twenty-eight nor more than twenty-nine gallons each; the half barrels not less than fifteen gallons each; and the tierces not less than forty-five nor more than forty-six gallons each. Each cask shall be made in a workmanlike manner, and branded on its side, near the [bung], with the name of the maker.
SECT. 45. The inspector-general or his deputies shall strictly examine Casks to be exand inspect all casks in which they may be required to pack fish; and R. S. 28, § 79. shall reject such as are not made in a substantial manner and according to the provisions of this chapter.
SECT. 46. The fees for inspecting and branding, exclusive of cooperage, shall be, for each tierce fourteen cents, each barrel nine cents, each half barrel six cents, each cask of a smaller denomination three cents, and, in addition to the fees aforesaid, one cent for each cask nailed as before provided; and all fees shall in the first instance be paid by the original owner of the fish or by the person employing the inspector, and may be recovered by them respectively of the person who afterwards purchases or exports the same.
Fees for in250.
SECT. 47. The inspector-general may receive from each of his depu- Inspector's proties for every cask of fish inspected by him, the following fees: for each portion of deputierce, four cents, for each barrel, one cent, for each half barrel, half a R. S. 28, § 81. cent, and for each smaller cask, one-quarter of a cent.
SECT. 48. Alewives or herrings intended to be packed for sale or Alewives, &c., exportation, shall be sufficiently salted and smoked to cure and preserve and packed. the same, and afterwards shall be closely packed in boxes in clear and R. S. 28, § 82. dry weather.
how sorted and numbered.
SECT. 49. Smoked alewives or herrings shall be divided and sorted by the inspector or his deputy, and denominated according to their R. S. 28, $83. quality, number one and number two. Number one shall consist of all the largest and best cured fish; number two of the smaller but wellcured fish; and in all cases, those which are belly broken, tainted, scorched or burnt, slack salted, or not sufficiently smoked, shall be taken out as refuse.
SECT. 50. Boxes made for the purpose of packing smoked alewives Boxes, quality or herrings, and containing the same, shall be made of good sound and capacity of boards sawed and well seasoned; the sides, top, and bottom, of not less than half inch, and the ends of not less than three-quarters inch, boards, securely nailed, and shall be seventeen inches in length, eleven inches in breadth, and six inches in depth, in the clear, inside.
SECT. 51. Each box of alewives or herrings inspected shall be branded on the top by the inspecting officer with the first letter of his christian name, the whole of his surname, the name of the town where it was inspected, with the addition of Mass., and also with the quality of number one, or number two. Herrings taken on the coasts of Nova Scotia, Newfoundland, Labrador, or Magdalen Islands, and brought into this state, shall also be branded with the name of the place or coast where taken.
R. S. 28, § 85.
SECT. 52. The fees for inspecting, packing, and branding, shall be Fees for infive cents for each box, which shall be paid by the purchaser; and the specting, &c. inspector-general may require from his deputies one cent for each box inspected, packed, and branded by them.
R. S. 28, 86.
eral to make re
SECT. 53. The inspector-general shall, in the month of January an- Inspector-gennually, make a return into the office of the secretary of the common- turns, &c. wealth, of all the fish inspected by him and his deputies during the year R. S. 28, § 72. preceding the first day of said January, designating the quantities, kinds,