Penalty for exporting alewives, &c. for substitut ing inferior fish. Certain fish not to be reinspect ed. R. S. 28, §87. Fish, when forfeited. R. S. 28, § 88. 21, &c. and qualities of pickled and smoked fish respectively, and distinguishing the quantities, kinds, and qualities, of pickled fish of a first inspection from those reinspected; and the secretary shall, as soon as may be after receiving such returns, cause the same to be published in any newspaper in Boston authorized to publish the laws of the commonwealth. SECT. 54. No smoked alewives or herrings shall be exported from this state unless inspected and branded as aforesaid, under a penalty of two dollars for each box exported; nor shall alewives or herrings be taken from a box, inspected and branded as aforesaid, and replaced by others of an inferior quality, with intent to defraud any person in the sale of the same, under a penalty of five dollars for each box so changed: provided, that all smoked herrings and alewives, arriving from any other state in the United States and having been there inspected, may be exported in a vessel from this state without being reinspected. SECT. 55. Pickled or smoked fish, which has not been inspected and branded according to the provisions of this chapter, put on board of a R. S. 118, §§ 20, boat or vessel, or into a carriage of conveyance, with intent that the same shall be sold within, or exported from, this state, shall be forfeited, and the inspector-general or a deputy may seize and libel the same. SECT. 56. If a master of a vessel or other person puts or receives on ing uninspected board of a vessel, or in a carriage of conveyanee, for transportation from this state, pickled fish, or smoked fish, not inspected and branded as provided in this chapter, he shall forfeit a sum not exceeding ten dollars for every hundred pounds of such fish, and in the same proportion for any other quantity. Penalty for lad fish. R. S. 28, § 89. for selling food. R. S. 28, § 90. SECT. 57. Whoever sells within this state or exports therefrom tainttainted fish for ed or damaged fish, unless with the intent that the same shall be used for some other purpose than as food, shall forfeit the sum of ten dollars for every hundred pounds of such fish, and in the same proportion for any other quantity; and upon a trial in such case the burden of proof shall be upon the defendant to show for what purpose such fish was so exported or sold. Fruit, nuts, &C., ure SECT. 58. If the inspector-general or a deputy-inspector brands a cask or package of fish, the contents of which he has not duly inspected, packed, salted, or coopered, or permits any other person to use his brands, in violation or evasion of the provisions of this chapter, he shall forfeit twenty dollars for each offence, and be liable to removal from office. SECT. 59. When fish are sold by the quintal, it shall be understood to mean a quintal of one hundred pounds avoirdupois, and all contracts concerning fish sold in this manner shall be construed accordingly. SECT. 60. When clam bait is sold by the barrel, it shall be understood to mean two hundred and thirty pounds avoirdupois of clams; and all contracts concerning clam bait sold in this manner shall be construed accordingly. If a disagreement arises between the purchaser and seller respecting its weight, either party may have it weighed, and if it is not of the weight aforesaid, the seller shall pay the expense of weighing and coopering the same; otherwise the purchaser shall pay such expense. FRUIT, NUTS, AND VEGETABLES. SECT. 61. The dry measure shall be the sole authorized public stanstandard meas- dard for measuring all fruits, vegetables, and nuts, when the same are sold by measure. Whoever sells such articles by any other than dry measure, shall forfeit and pay a sum not exceeding ten dollars for every such offence. Penalty. 1858, 68, § 1. See Ch. 51. Nuts and berries measured by the strike. 1850, 261, § 1. 1851, 238, § 1. SECT. 62. Chestnuts, walnuts, and cranberries and all other berries, when sold, shall be measured by the strike or level measure, in the same manner as flax seed and other similar articles are measured. GRAIN AND MEAL. how sold. SECT. 63. In all contracts for the sale and delivery of wheat, corn, Grain and meal, rye, oats, barley, buckwheat, cracked corn, ground corn or corn meal, 1840, 82, §1. ground rye or rye meal, and any other meal except oatmeal, the same 1855, 252, $1. shall be bargained for and sold by the bushel. See Ch. 51, § 19. SECT. 64. A bushel of wheat shall be sixty pounds; a bushel of corn Weight of or rye, fifty-six pounds; a bushel of oats, thirty-two pounds; a bushel of bushel barley or buckwheat, forty-eight pounds; and a bushel of cracked corn, 1840, 82, §1. corn meal, rye meal, or any other meal except oatmeal, fifty pounds avoirdupois. 1855, 232, § 1. Duty. SECT. 65. The mayor and aldermen of cities and selectmen of towns Measurers to be shall annually appoint one or more measurers of grain, and when but appointed. one is appointed by them they may authorize him to appoint deputy- 1855, 232, §2. measurers. Each of such measurers and deputies shall, when called 1855, 422. upon by either of the parties to a contract for the sale of any quantity exceeding one bushel of either of the articles mentioned in the preceding section, ascertain the weight thereof and give a certificate of the number of bushels as ascertained by weight according to the rule therein prescribed. when measurer SECT. 66. Whoever sells or delivers any quantity exceeding one Penalty for bushel of either of the articles aforesaid, without the same having been short weight weighed by one of the public measurers appointed under the preceding not employed. section, shall forfeit the sum of two dollars for every measured bushel 1855, 232, § 3. so delivered not containing the number of pounds herein before required, to be recovered by the purchaser in an action of tort. pay. SECT. 67. The fees of such measurers shall be prescribed by the Fees of measmayor and aldermen or the selectmen of the several places in which urer, who to they are appointed, and shall be paid one-half by the seller and one-half 1855, 232, § 4. by the purchaser. false weights, sion, &c. &c., or collu 1855, 232, § 5. SECT. 68. If a measurer or deputy-measurer uses, or has in his pos- Penalty for session with intent to use, for the purposes herein provided, any false weights, scales, balance, or other instrument for weighing, or colludes with the purchaser or seller with intent to defraud the other party, or makes and utters a false and fraudulent certificate under this chapter, he may be removed from office by the mayor and aldermen or selectmen, and shall also on conviction thereof be punished by a fine not exceeding five hundred dollars and by imprisonment not exceeding six months in the house of correction. GUNPOWDER. of casks, &c., SECT. 69. Gunpowder manufactured in this state shall be put into Quality and size strong and tight casks containing twenty-five pounds, fifty pounds, or for gunpowder. one hundred pounds, each, unless the same is well secured in copper, R. S. 28, § 92. tin, or brass canisters holding not exceeding five pounds each, and 4. closely covered with copper, brass, or tin covers. marked. SECT. 70. Each cask containing gunpowder manufactured within All casks to be this state, or brought into the same by land or water and landed, shall R. S. 28, § 93. be marked on the head with black paint, in legible characters, with the word gunpowder, the name of the manufacturer, the weight of the cask, and the year in which the powder was manufactured; and each canister of gunpowder shall be marked with the word gunpowder. SECT. 71. Whoever knowingly marks a cask of gunpowder with the Penalty for name of any person other than the manufacturer of the same, or changes ing, &c. falsely markgunpowder from a cask marked with the name of one manufacturer into R. S. 28, § 94. a cask marked with the name of another manufacturer, shall for each offence forfeit a sum not exceeding twenty dollars. Weighers of hay to be ap- R. S. 15, § 38. 98. duty of. R. S. 28, § 96. may be removed. R. S. 28, § 97. Penalty for setting up hay scales without authority. R. S. 28, § 98. Pressed hay, how branded. 1836, 240, § 1. Forfeiture for selling without brand. R. S. 118, §§ 20, 1836, 240, §§ 2, 21. 3. Inspectors of bundle hay, ap pointment of HAY. SECT. 72. In cities in which the city council and in towns in which the inhabitants shall adopt this and the three following sections, the mayor and aldermen and selectmen may from time to time appoint, for a term not exceeding one year, some person or persons to have the superintendence of the hay scales belonging to their place, who shall weigh hay offered for sale therein, and any other article offered to be weighed. SECT. 73. The persons so appointed shall conform to all such rules and regulations as shall be established by the city council or selectmen respectively concerning the hay scales, and the compensation or fees for weighing hay and other articles. SECT. 74. The mayor and aldermen or.selectmen may remove any weigher of hay, and fill any vacancy that may occur from death or otherwise. SECT. 75. If a person not so appointed sets up hay scales in a town or city, for the purpose of weighing hay or other articles, he shall forfeit twenty dollars a month so long as the same are continued, to be recov ered in an action of tort and appropriated to the use of the city or town. SECT. 76. Pressed hay offered for sale shall be branded upon the crate enclosing it with the first letter of the christian name and the whole of the surname of the person packing and screwing or otherwise pressing said hay, and with the name of the city or town and state where the hay is pressed. SECT. 77. Pressed hay offered for sale without being so branded shall be forfeited, one-half to the person or persons prosecuting therefor and the other half to the use of the city or town where the same is so offered for sale, and may be seized and libelled. SECT. 78. The mayor and aldermen and selectmen of each city and town in which bale or bundle hay is sold, may, on the petition of ten or to be sworn, &c. more legal voters of such city or town, annually appoint one or more 1847, 246, §§ 1, 2. persons as inspectors of bale or bundle hay, who shall be sworn; and may remove any inspector so appointed, and fill any vacancy that may occur from death or otherwise. duties of. 1847, 216, § 3. Bundle hay, and marked. 1847, 246, § 4. SECT. 79. Each inspector shall inspect and weigh all bale or bundle hay within the limits of the city, town, or ward, for which he may be appointed, when requested so to do by the owner or vendor. SECT. 80. Bales or bundles of hay so inspected which are found to how numbered be sweet, of good quality, and free from damage or improper mixture, shall be branded or marked No. 1. Bales or bundles found to be sweet, and free from damage or improper mixture, but consisting of hay of a secondary quality, shall be branded or marked No. 2. Bales or bundles found to be wet, or in any way damaged, or which shall contain straw or other substances not valuable as hay, shall be branded or marked bad. Each bale or bundle so inspected shall be branded or marked with the first letter of the christian name and the whole of the surname of the inspector, and the name of the place for which he is inspector, together with the month and year when inspected, and also the net weight of the bundle. Inspectors to furnish weights, &c. 1847, 246, § 5. Fees. 1847, 246, § 6. Penalty for sell SECT. 81. Each inspector shall furnish himself with proper scales, weights, seals, and other suitable instruments, for the purposes aforesaid. SECT. 82. The fees for inspecting, weighing, and marking, hay, as provided for in this chapter, shall be fixed by the respective officers having the power of appointment, and shall be paid by the employer of the inspector. SECT. 83. Whoever sells bale or bundle hay in a place where an ing without in- inspector is appointed, which has not been inspected and weighed as herein provided, shall forfeit for each bale or bundle so sold two dollars; spection, &c. 1847, 246, § 7. but no inspection need be made where the vendor and vendee agree to waive an inspection. HOOPS AND STAVES. hoops and Quality and size R. S. 28, § 99. of staves. R. S. 28, § 101. SECT. 84. In every maritime place from which staves are usually Cullers of exported, there shall be annually chosen two or more suitable persons staves to be to be viewers and cullers of staves and hoops, who shall be sworn. chosen. SECT. 85. White oak butt staves shall be at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge and every part thereof; white oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three-quarters of an inch thick on the heart or thinnest edge: white oak and red oak hogshead staves shall be at least forty-two inches long, and not less than half an inch thick on the heart or thinnest edge; white oak and red oak barrel staves for foreign market shall be thirty-two inches long, and for home use thirty inches long, and shall average half an inch thick on the heart or thinnest edge; white oak and red oak hogshead and barrel staves shall be at least four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the breadth last mentioned shall be clear of sap; and all staves shall be well and proportionably split. of hogshead hoops. SECT. 86. Hogshead hoops that are exposed to sale or exported shall be from ten to thirteen feet in length, of white oak or walnut, of good R.. 28, § 102. and sufficient substance, and well shaved; those of oak shall not be less than one inch broad at the least end, and those of walnut shall not be less than three-quarters of an inch broad at the least end; each bundle shall consist of thirty hoops; and all hoops of ten, twelve, and thirteen feet respectively, shall be made up in distinct bundles by themselves. If hoops of less dimensions than those prescribed by law, are packed, or if a bundle contains less than thirty hoops, the bundle shall be forfeited, and may be seized by the culler of hoops and libelled for the benefit of the place where it is offered for sale. R. S. 28, § 100. SECT. 87. Cullers shall be allowed for their time and services, fifty Fees for cullcents a thousand for hoops, twenty-eight cents a thousand for barrel ing staves, thirty-three cents a thousand for hogshead staves, forty cents a thousand for pipe staves, and forty-four cents a thousand for butt staves, as well refuse as merchantable: the merchantable to be paid for by the buyer, the refuse by the seller. SECT. 88. If a culler connives at or is guilty of fraud in culling Penalty for staves or hoops, he shall forfeit fifty dollars for each offence; and if he fraud in culling. refuses to perform service when requested shall forfeit five dollars. HOPS. SECT. 89. The inspector-general of hops shall give bond with sufficient sureties to the treasurer of the commonwealth, in the penal sum of three thousand dollars. R. S. 28, § 103. Inspector-gen- SECT. 90. He shall appoint one or more deputy inspectors in such parts of the state as will best accommodate the growers and consumers R. S. 28, §§ 105, of hops; shall be responsible for their official conduct, may require from 110. each of them sufficient bonds with sureties, and receive from each onefifth part of the fees received by him. exported with R. S. 28, § 107. SECT. 91. No hops, other than those which are of the growth of No hops to be another state, as hereinafter mentioned, shall be exported from this state, out inspection, unless they are of the qualities prescribed by this chapter, and have been except, &c. duly inspected and marked accordingly, and are in square bags or pockets, each bag to contain as nearly as may be four hundred pounds, and each pocket two hundred pounds weight of merchantable hops. Hops of the growth of another state being duly inspected therein and accom Hops, quality of, and how packed. panied with certificates of the same, shall not be subject to reinspection in this state. SECT. 92. No hops shall be deemed merchantable unless they have been well picked, are free from stems and leaves, and properly kilnR. S. 28, § 108. dried. 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 they shall be marked with the name of the cultivator and the place in which he lives. how inspect branded. Fees. R. S. 28, § 109. SECT. 93. The inspector-general or one of his deputies shall examine ed, sorted, and the contents of every bag and pocket of hops intended to be exported, in such manner as to ascertain the quality of such hops, and if it is found that they are merchantable as before prescribed, and firmly packed, that they have been so packed at least ten days previous to such exami nation, and that the bags or pockets are such as are required, the inspecting officer shall distinguish the same by marking them in legible characters with 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 christian and the whole of his surname, and the letters MASS.; for which ser vices and weighing and delivering an attested schedule of the same, he 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 of mending the bags or pockets, which shall be paid by the vendor of the hops, and exclusive also of the storage, should said hops be stored by said inspector more than thirty days after being inspected. Inspector's return. R. S. 28, § 106. Penalty for de SECT. 94. The inspector-general shall annually in January make a return to the secretary of the commonwealth of the number of bags of hops inspected and marked by him and his deputies during the year preceding the first day of said month, designating in such return the different qualities and the weight of each quality respectively. SECT. 95. If an inspector of hops on application made to him unlay of inspect- necessarily neglects or delays to examine, mark, and weigh, any hops, ors. R. S. 28, § 111. he shall for each offence forfeit five dollars. for fraud of inspector. SECT. 96. If an inspector is guilty of fraud in inspecting hops, or R. S. 28, § 112. puts his mark on any bag, pocket, or package, of hops, which has not been actually examined, inspected, and found merchantable, he shall forfeit twenty dollars for each bag, pocket, or package, so falsely marked. for shifting contents of bags. R. S. 28, § 113. for altering or counterfeit ing marks. SECT. 97. Whoever empties a bag or pocket of hops marked as aforesaid, and puts in other hops for sale or exportation, without first oblit erating the marks, shall for each offence forfeit five dollars. SECT. 98. Whoever counterfeits or alters a mark belonging to or proper to be used by the inspector-general or his deputies, or marks a R. S. 28, § 114. bag or pocket of hops therewith, shall forfeit ten dollars, and the hops so marked shall be forfeited, and may be seized and libelled. for intermixing hops after inspection. SECT. 99. Whoever intermixes, takes out, or shifts, any hops from a bag or pocket, inspected and marked as is above required, or puts into R. S. 28, § 115. such bag or pocket any other hops for sale or exportation, shall forfeit twenty dollars for each offence. for exporting uninspected hops. SECT. 100. Whoever exports or ships for exportation out of this state, any hops not inspected and marked as aforesaid, shall forfeit R. S. 28, § 116. twenty dollars; and the master of each vessel having the same on board, ten dollars for each bag or pocket so shipped or exported. SECT. 101. If hops are exported or shipped for exportation from this state contrary to the provisions of this chapter, the same shall be forR. S. 118, §§ 20, feited, and the inspector-general or any deputy-inspector may seize and Hops, when forfeited. R. S. 28, § 117. 21, &c. libel the same. SECT. 102. Nothing contained in this chapter shall be construed to |