Penalty on sur- &c. sand feet board measure; for all kinds of pine, spruce, hemlock, and juniper timber, twelve cents for every ton; for oak and other hard wood, twenty-four cents for every ton; for knees commonly used in ship-building, three cents for each knee; for ash, maple, and other hard wood and ornamental boards, planks, and joists, forty cents for every thousand feet board measure; for Cuba, Saint Domingo, and other branch or hard mahogany, one dollar for every thousand feet board measure; and for mahogany from the bay of Honduras, and for cedar, seventy-five cents for every thousand feet board measure. SECT. 142. If a surveyor is guilty of or connives at any fraud or defraud, neglect, ceit, in the surveying, numbering, or marking, the contents of any kind of wood or lumber, required by this chapter to be surveyed; or if a surveyor when requested by the owner of lumber to survey the same refuses, without good reason, to perform the duty, he shall forfeit for each offence a sum not less than ten nor more than fifty dollars. on persons selling without survey. SECT. 143. Whoever sells or purchases any lumber or wood herein named, brought into this state for sale, which has not been surveyed, 1855, 164, § 13. numbered, and marked, according to the provisions hereof, shall forfeit a sum equal to double the amount of fees for surveying the same. SECT. 144. Whoever presumes to perform any of the duties of sur without author. Veyor of lumber, without authority, shall forfeit not less than fifty nor more than two hundred dollars. on person acting as surveyor ity. 1858, 164, § 14. Inspectors of notice. 3. MARBLE. SECT. 145. The mayor and aldermen and selectmen of a city or town may establish such regulations, with suitable penalties, respecting the appointment of a surveyor, and the survey and admeasurement of marble of every description, foreign or American, that is imported or brought into such place for sale, as they from time to time deem expedient. METALS AND ORES. SECT. 146. The governor with the advice and consent of the council may appoint one or more suitable persons to be assayers of ores and metals, who shall be sworn. SECT. 147. Each assayer shall assay such ores and metals as may be offered to him for assay, and give a certificate thereof, for which service he shall be paid a reasonable compensation by the person procuring such assay to be made. MILK. SECT. 148. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspect sworn, and give ors of milk for their respective places, who shall, before entering upon 1859, 206, §§ 1, the duties of their offices, be sworn. Each inspector shall give notice of his appointment by publishing the same two weeks in a newspaper published in his city or town, or if no newspaper is published therein, by posting up such notice in two or more public places in such town. SECT. 149. The inspectors shall keep an office and books for the purpose of recording the names and places of business of all persons engaged in the sale of milk within their limits; they may enter any place where milk is stored or kept for sale, and all carriages used in the conveyance of milk, and whenever they have reason to believe any milk found therein is adulterated, they shall take specimens thereof and cause the same to be analyzed, or otherwise satisfactorily tested, the result of which they shall preserve as evidence, and shall prosecute for all violations of the provisions of section one hundred and fifty-one. They shall receive such compensation as the mayor and aldermen or selectmen determine. ch165. 1860 sealed. SECT. 150. All measures, cans, or other vessels, used in the sale, or Measures to be buying at wholesale, of milk, shall be annually sealed by the sealer of 1850, 206, § 4. weights and measures by wine measure; and all cans so used shall be See Ch. Bi. marked by the sealer with figures showing the quantity which they hold. lect to record measures not sealed; for sell- c1401863 adulterated 1859, 206, §§ 2, SECT. 151. Whoever neglects to cause his name and place of busi- Penalty for negness to be recorded in the inspector's books, and his name legibly placed upon all carriages used by him in the conveyance of milk, before engaging in the sale thereof, and whoever sells, or buys at wholesale, milk by any other measures, cans, or vessels than those sealed as before provided, or adulterates, by water or otherwise, milk to be sold in this state, or being recorded in the books of the inspector as a dealer in milk, conveys from place to place, or knowingly sells or causes to be sold adulterated or unwholesome milk, shall forfeit twenty dollars for each offence. And whoever offers for sale milk produced from cows fed upon the refuse of breweries or distilleries, or any substance deleterious to the quality of the milk, shall forfeit twenty-five dollars for the first, and fifty dollars for every subsequent, offence. NAILS. 4, 5. SECT. 152. Wrought nails, cut nails, and brads of all sizes, man- Nails and brads, ufactured within this state, shall be packed in strong and sufficient how to be made packed. casks made of seasoned timber, well hooped, not containing more than R. S. 28, §§ 163, three hundred pounds each, and shall be well made and packed free from 104. waste pieces of iron (unless refuse nails or brads) or any fraudulent mixture increasing the weight. branded. SECT. 153. Every cask of wrought or cut nails or brads, shall be Casks, how marked or branded on the head by the manufacturer, in plain, legible 1837, 111, § 1. letters, with the initials of his christian name and the whole of his surname, (or, if manufactured by a corporation or company, by the name of such corporation or style of such company,) and the net weight of its contents. SECT. 154. If any cask, package, or quantity, of wrought or cut Forfeiture and nails or brads, manufactured in this state and not so branded or marked, penalty. R. S. 28, § 165. is offered for sale or is put on board of a vessel or carriage of conveyance to be carried out of this state, the same shall be forfeited; and the manufacturer shall for each pound of refuse, scraps, or waste, which is mixed with said nails or brads, forfeit one dollar. counterfeiting contents of casks, &c. SECT. 155. Whoever counterfeits a brand used or intended to be Penalty for used for the purpose aforesaid, or destroys or alters a mark or impres- brand; shifting sion made by another person's brand on a cask of wrought or cut nails or brads, and causes a different impression by such counterfeit brand to be marked or impressed thereon, or shifts any such nails or brads from one branded cask to another, and thereby avails himself of another person's brand, shall forfeit the sum of twenty dollars. out of state SECT. 156. Whoever places on board a vessel or carriage of convey- for attemptance any cask or other quantity of wrought or cut nails or brads manu- ing to transport factured in this commonwealth, which are apparently intended to be nails not brandtransported out of the same, and are not branded and marked as above R.'S. 28, § 167. provided and directed, shall forfeit a sum equal to the full value of such nails or brads. OILS. ed, &c. R. S. 28, § 169. SECT. 157. All descriptions of oils sold under the names of sperm, Pure spermaspermaceti, lamp, summer, fall, winter, and second winter oils, shall be ceti oil. deemed pure winter pressed or summer strained spermaceti oil. SECT. 158. Oils sold under the names aforesaid which are adulterated with whale, tight pressed, or any other oil of less value than pure spermaceti oil, shall be deemed whale oil, and the vendor shall be liable Penalty for adulteration. R. S. 28, § 170. 15 Paper, how packed and marked. R. S. 28, § 174. Penalty for selling paper not packed, &c. R. S. 28, § 175. 1839, 135. Forfeiture. to the purchaser for double the amount of the difference in value between pure spermaceti oil and whale oil, when the quantity sold exceeds five gallons, and four times the difference when said quantity is less than five gallons, unless the proportions of the respective oils of which the mixture consists are disclosed to the purchaser in writing at the time of sale; and when the quantity sold is less than five gallons, the vendor shall attach to the vessel in which it is delivered a label, upon which shall be legibly written the names and proportions of the respective oils composing such mixture. SECT. 159. Whoever sells any oil or oils commonly known under the names of sperm, spermaceti, lamp, summer, fall, winter, and second winter oils, which have been adulterated from pure spermaceti oil, by a mixture of whale, tight pressed, or other inferior oil, and does not, in the manner prescribed in the preceding section, disclose to the purchaser the proportion of the oils of which it consists, shall for each offence forfeit the sum of fifty dollars, to be recovered in an action of tort by the person suing for the same, and to his use. SECT. 160. Oils sold under any of the names mentioned in the preceding section which have been mixed with tight pressed oil shall be deemed tight pressed oil, and the vendor thereof, or of tight pressed oil under any of the names aforesaid, shall be liable to the purchaser for double the value of the difference between the first quality of sperma ceti oil and tight pressed oil, and to the penalties provided in the preceding section; unless at the time of sale the vendor discloses in writing the mixture aforesaid, and, if not mixed, its quality. SECT. 161. The test of pure spermaceti oil shall be Harris's ole ometer. PAPER. SECT. 162. No paper, excepting paper of foreign manufacture, press paper, bonnet paper, and paper usually sold by weight, shall be sold or offered for sale, unless the same is packed in reams, half reams, or quarter reams, each ream containing twenty quires, each half ream, ten quires, each quarter ream, five quires, and each quire, twenty-four sheets; and unless on the face of each parcel there are stamped or otherwise legibly marked the names of the manufacturers, their place of residence, and the words one ream, half ream, or quarter ream, as the case may be: provided, that printing paper may be packed in parcels of two reams each, and shall be stamped or otherwise legibly marked with the words two reams, and the names of the manufacturers, and their place of residence. SECT. 163. Whoever offers for sale or sells any paper contrary to the provisions of the preceding section, or transports or causes to be transported out of this state, or puts on board of a vessel or carriage of conveyance, with intention to transport the same out of this state, any paper, contrary to said provisions, shall, for each ream, package, or parcel, so offered for sale, sold, or put on board of a vessel or carriage of conveyance, forfeit the sum of four dollars. SECT. 164. All such paper not packed, or not stamped, as aforesaid, R. S. 28, § 176, shall be forfeited to the use of any person who may seize and libel the R. S. 118, §§ 20, same.. POT AND PEARL ASHES. SECT. 165. The inspector-general of pot and pearl ashes shall give bond with sufficient sureties to the treasurer of the commonwealth in the penal sum of five thousand dollars. SECT. 166. He shall appoint deputy-inspectors in every seaport where pot and pearl ashes are exported, and in such other places as he judges necessary, who shall be sworn either before him or before a justice of the peace, and for whom he shall be answerable; and he shall take bond from each of them with sufficient sureties for the faithful discharge of the duties of his office. quality and size R. S. 28, § 185. SECT. 167. Every cask in which pot or pearl ashes are packed for Casks for pot, exportation shall be made of sound and well-seasoned oak or white ash &c., ashes, staves and heading, full bound, twenty-nine inches in length, nineteen of 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 cent. tare thereon. SECT. 168. Every manufacturer of pot and pearl ashes shall brand each cask containing the same with the initial letters of his christian R. S. 28, § 180. name and the whole of his surname, and with the name of the town where they were manufactured, before the same are removed from the manufactory, and shall forfeit one dollar for each cask so removed before being so branded. how branded. Sorts, &c. SECT. 169. No person shall ship any pot or pearl ashes for exporta- Ashes, how intion before he has submitted the same to the examination of the inspect- spected. or or his deputy, who shall if necessary start them out of the casks R. S. 28, § 181, and carefully inspect and sort them into three different sorts; and put each sort by itself in tight new casks, well hooped and coopered, which the inspector shall distinguish by the words first sort, second sort, or third sort, with the words pot ashes, or pearl ashes, as the case may be, branded in plain, legible letters, together with the letters of his name, the place of inspection, and the word MASSACHUSETTS at full length on each cask: provided, that pot or pearl ashes which have been imported into this state from any of the United States where laws exist for the inspection of the same, may be exported without being reinspected in this state, if they are accompanied by a certificate of inspection signed by an inspector of the state whence they were imported, describing the quality and weight thereof, and if the casks containing them are branded with the name of the state from which they were imported, and are in all respects made conformably to law. SECT. 170. The inspector, at the time of starting pot or pearl ashes Casks to be for inspection, shall weigh the casks and mark the weight with a mark- R. S. 28, § 186. ing iron on each head. Lay. SECT. 171. If an inspector of pot and pearl ashes unreasonably refuses, Penalty for unneglects, or delays, to make an inspection, for the space of three hours reasonable deafter an application therefor, he shall for each offence forfeit five dollars. R. S. 28, § 184. SECT. 172. The inspector-general shall annually in January make a Inspector-genreturn into the office of the secretary of the commonwealth, of the number of casks of pot and pearl ashes inspected by him and his deputies R. S. 28, § 179. during the year preceding the first day of said January, specifying the number under each brand and the weight of each quality. eral to make re turns. SECT. 173. An inspector shall receive for inspecting, weighing, and Fees. delivering to the owner an invoice or weight note under his hand of the R. S. 28, § 182. weight of each cask of pot or pearl ashes, six cents for every hundred weight so inspected; and the further sum of twelve cents for coopering and nailing each cask and putting the same in shipping order, to be paid by the purchaser. SECT. 174. The inspector-general shall not receive from any deputy Inspector's more than seven and a half per cent. on the sum first mentioned in the part of depupreceding section, nor any part of the sum allowed for cooperage. ties' fees. Forfeiture. SECT. 175. Any inspector may enter on board of vessels lying in the Inspectors may harbor where he is authorized to make inspection, and if upon search he search vessels. discovers any cask of pot or pearl ashes not branded as before directed R. S. 28, § 187. in this chapter, the same shall be forfeited, and the inspector shall seize 21. and libel the same. R. S. 118, §§ 20, SECT. 176. The master or commander of a vessel who receives on Penalty for reboard a cask of pot or pearl ashes not branded as aforesaid, shall forfeit ceiving ashes twenty dollars for each cask so received. not branded. R. S. 28, § 188. Penalty for obstructing search. R. S. 28, § 189. 1839, 135. for branding falsely. R. S. 28, § 190. for shifting contents of SECT. 177. If the master or commanding officer of a vessel, or any of his servants or seamen, obstructs or hinders the inspector in making search as aforesaid, the person so offending shall for each offence forfeit fifty dollars. SECT. 178. Whoever, with intent to defraud, brands with the name of another person a cask of pot or pearl ashes manufactured by himself, or brands such cask manufactured by another person with his own name, or counterfeits a brand belonging to or proper to be used by an inspector, or impresses or brands a cask with a brand of such inspector, or with a counterfeited brand, shall for each offence forfeit two hundred dollars. SECT. 179. Whoever empties a cask inspected and branded as is required by this chapter, and puts in other pot or pearl ashes for sale or R. S. 28, § 191. exportation, without first cutting out the brand marks, shall for each cask forfeit two hundred dollars. casks. Potatoes, on weight; meas urement. R. S. 28, § 199. POTATOES, ONIONS, AND SALT. SECT. 180. In purchases and sales of potatoes, onions, or salt, the ions, and salt; standard weight of the bushel of potatoes shall be sixty pounds, of onions fifty-two pounds, and of salt seventy pounds. In order to ascertain the mean or true weight, the vendor shall weigh ten measures at least in every hundred bushels, five measures at least in every fifty bushels, and See Ch. 51, § 19. two measures at least in every less quantity than fifty bushels sold. And every person who sells potatoes, onions, or salt, without ascertaining the weight as aforesaid, shall for every bushel so sold, and in like proportion for a greater or less quantity, forfeit the sum of two dollars to be recov ered in an action of tort to the sole use of any person who first prosecutes therefor: provided, that this section shall not extend to sales of such articles when the vendor and purchaser appoint a third person to measure or ascertain the weight or quantity of the same or mutually agree thereon, nor to such sales not exceeding ten bushels, where the purchaser does not require the same to be weighed. Cord wood, dimensions of. R. S. 28, § 200. Penalty for selling wood, &c., not measured. R. S. 28, §201. 1839, 135. 7 Cush. 371. Fees. Wood, brought by water how Towns may make regulations, &c. R. S. 28, § 203. WOOD, BARK, AND COAL. SECT. 181. Cord wood exposed for sale shall be either four, three, or two feet long, including half the kerf; and the wood, being well and close laid together, shall measure in quantity equal to a cord of eight feet in length, four in width, and four in height. SECT. 182. If any fire wood or bark exposed to sale in a market, or upon a cart or other vehicle, is offered for sale before the same has been measured by a public measurer of wood and bark and a ticket thereof signed by him delivered to the driver, certifying the quantity which the load contains, the name of the driver, and the place in which he resides, the driver and owner shall for each load thereof severally forfeit the sum of five dollars. SECT. 183. The measurers of wood and bark in any place shall be entitled to such fees for their services as the mayor and aldermen or selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver, and shall be repaid by the purchaser. SECT. 184. Cord wood brought by water into a place for sale and landed, shall be measured by a public measurer; and for that purpose the wood shall be corded and piled by itself in ranges, making up in height what shall be wanting in length, and being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. But cities and towns may establish ordinances and regulations with suitable penalties, for the inspection, survey, admeasurement, and sale, of wood, coal, and bark for fuel, brought into such places for sale, and may also provide for the appointment of such surveyors, inspectors, and other officers, and establish their fees of office. |