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not less than twenty six and a half inches in length between the CHAP. 51. heads, and seventeen inches in width between the chimes, and not less than twenty inches in the clear on the inside at the bilge, at the time of inspection; and made in a workmanlike manner to hold lime.

branded with the maker's

SECT. 10. Each lime cask shall be branded, on the outside of Casks to be the bilge, with the first letter of the christian name, and the whole of the surname, of the manufacturer thereof.

name.

Penalty for sel

SECT. 11. If any person shall sell, or expose to sale, or shall 1839, 403, § 2. purchase any lime casks, not conformable to the provisions afore- ling, or buysaid, he shall incur a penalty of twenty cents for each cask so sold, ing, illegal exposed to sale, or purchased, to the use of the person who may 1839, 403, § 2 sue for the same; and a lien is hereby created on such lime casks, Lien. for the payment of such penalty and costs, and shall continue good against all prior attachments, or a sale by the owner of such casks; provided the same shall be attached in the suit brought to recover such penalty, within three months after the same shall be incurred: and such casks may be sold on the execution in such action, as in common cases of sale of goods on execution.

SECT. 12. If any person shall sell, or expose to sale, or ship, or receive on board of any vessel, in casks, any lime, other than such as is contained in casks made, marked and branded according to the provisions of this chapter, he shall forfeit one dollar for each cask so sold, exposed to sale, or shipped, or received on board any vessel.

For selling, &c.

lime in casks, not legally made, marked 1839, 403, § 6.

and branded.

SECT. 13. If, after any cask containing lime has been branded For fraudulentas aforesaid, any person shall shift the contents thereof, and put tents of casks. ly shifting contherein other lime, with design to sell the same, he shall forfeit ten 1839, 403, § 7. dollars for each cask of lime, so shifted.

recovered.
1839, 403, § 7.
Remedy on in-
spector's bond.
1839, 403, § 9.

All the penalties before mentioned may be recovered How penalties by, and to the use of, any person, who shall sue for the same. SECT. 15. When any judgment has been recovered against any inspector, or deputy inspector, for penalties or damages, on account of any misdoings in his office, and the execution issued on such judgment has been returned unsatisfied, the judgment creditor may avail himself of the benefit of the inspector's bond to the county treasurer, who shall give the creditors a copy thereof on request, in the like manner, as a judgment creditor of a sheriff or coroner may, of the official bond of such officer given to the state treasurer; and such proceedings shall be had, prior to, and in the conduct of the suit, as are prescribed in chapter one hundred and four.

CHAP. 52.

Inspector and deputies, to

continue.

CHAPTER 52.

OF POT AND PEARL ASHES.

SECT. 1. Inspector and deputies, to continue. SECT. 10. Penalty for shipping ashes, not in

2. How vacancy to be filled.

3. Inspector's oath and bond.

4. Of his deputies.

5. Mode of inspection.

6. Description of casks.

7. Manufacturer to brand each cask.
8. Process of inspection, packing,
branding, &c.

9. His right to seize, on board ves-
sels.

spected.

11. For obstructing the inspector,

while searching.

12. For unnecessary delay by the inspector.

13. For falsely branding, by the man-
ufacturer.

14. For shifting contents of casks, &c.
15. Appropriation of penalties.
16. Annual returns.

SECTION 1. The inspector of pot and pearl ashes for the state, and his deputies, shall continue to hold their respective offices,

1821, 151, § 1. according to the terms of their appointment.

How vacancy

to be filled.

1821, 151, § 1.

Inspector's oath and bond.

1821, 151, § 1.

Of his deputies.

SECT. 2. When a vacancy shall occur in the office of inspector of and pearl ashes, it shall be the duty of the governor, with pot advice of the council, to appoint some person, well skilled in the knowledge and properties of the same, to supply such vacancy, and who shall be removable at the pleasure of the executive.

SECT. 3. Before entering on the duties of his office, he shall be duly sworn; and shall give bond, with sufficient sureties, to the treasurer of the state, in the penal sum of three thousand dollars, for the faithful discharge of the duties of his office.

SECT. 4. When so qualified, he shall appoint deputy inspectors 1821, 151, § 1. in every seaport town, where pot and pearl ashes are exported, and such other places, as he shall judge necessary; for all of whom he shall be answerable, and shall take bonds, with sureties, from them, for the faithful discharge of their duty; and they shall be duly

Mode of inspection.

Description of

casks.

sworn.

SECT. 5. The inspector and his deputies shall sort pot and 1836, 207, § 1. pearl ashes into four sorts, if necessary, which shall be distinguished by the words, first sort extra, and first, second, and third, sorts. SECT. 6. Every cask, in which such ashes shall be packed for 1821, 151, § 2. exportation, shall be made of sound and seasoned oak or white ash staves and heading, full bound, twenty nine inches long, and nineteen 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.

Manufacturer

to brand each cask.

SECT. 7. Every manufacturer of said ashes shall brand each cask, with the initial letters of his christian name, and surname at 1821, 151, § 3. full length, with the name of the town, where manufactured, before the same shall be removed from the manufactory; under penalty of one dollar, for each cask removed without being so previously branded.

Process of in

spection, pack

ing, branding, &c.

SECT. 8. The inspector shall start the ashes out of the casks, and carefully examine, try and inspect the same, and put each sort by itself in tight new casks, well hooped and coopered, which he 1821, 151, § 4. shall distinguish, if necessary, in the manner prescribed in the fifth section, or by the words, first sort, second sort or third sort, with the word pot or pearl ashes, as the case may be, branded in plain

legible letters, together with the letters of his name, and the place CHAP. 52. where inspected; and also the word, MAINE, at full length on each cask; and the inspector or deputy, at the time of starting pot or pearl ashes for inspection, shall weigh the cask, and mark the weight with a marking iron, on each head.

vessels.

SECT. 9. Every inspector shall have power to enter, with, or His right to without, a warrant, on board of any vessel in the harbor, where seize, on board such inspector is authorized to perform duty; and, on discovering 1821, 151, § 5. any cask of pot or pearl ashes, not branded as before directed, he may seize and carry away, and secure the same for trial, as forfeited property, to be proceeded against according to law.

SECT. 10. No person shall ship any such ashes for exportation, Penalty for before the same shall have been examined and inspected, as before shipping ashes, not inspected. mentioned; and the master of any such vessel, who shall receive 1821, 151, § 4, 5. such casks on board, not having been duly inspected and branded, shall forfeit twenty dollars.

the inspector,

ing.
1821, 151, § 5.

SECT. 11. Any master of a vessel or other person, who shall For obstructing obstruct the inspector, in performing his duty in searching such while searchvessel, shall forfeit for each offence thirty dollars. SECT. 12. Any inspector, when applied to, to inspect any pot For unreasonaor pearl ashes, unreasonably refusing, or delaying, to proceed and ble delay, by inspect the same, for the space of three hours, shall forfeit the sum of five dollars.

the inspector.

1821, 151, § 6.

pearl For falsely

branding by the person manufacturer.

SECT. 13. If any person shall brand any cask of pot or ashes, manufactured by himself, with the name of another than his own, or brand any such cask, belonging to another, with his own name, or shall counterfeit any brand belonging to, or proper to be used by, said inspector or any of his deputies, or brand any cask of pot or pearl ashes, with any brand of such inspectors, or with any counterfeit brand, he shall forfeit and pay, for each offence, two hundred dollars.

SECT. 14. If any person shall empty any cask of pot or pearl ashes, inspected or branded according to the provisions of this chapter, and put in, any other pot or pearl ashes, for sale or exportation, without first cutting out said brand, he shall forfeit and pay two hundred dollars.

1821, 151, § 7.

For shifting casks, &c. 1821, 151, § 8.

contents of

Appropriation

of penalties. 1821, 151, § 9.

SECT. 15. All penalties above twenty dollars, and under sixty dollars, when recovered, shall be to the use of the person, suing for the same; and all of sixty dollars, or upwards, shall be one half to the prosecutor, and the other to the state; and one half the proceeds of all forfeited property shall be to the use of the state, and the other half, to the use of the seizing officer. SECT. 16. Every inspector of pot and pearl ashes shall annually, Annual returns. in the month of May, make a return to the secretary of state's office, of the number of casks of pot and pearl ashes, naming the number of each brand, and the weight of each specific quality, inspected by him or his deputies; said returns to be made up to the first day of May of each year; and the deputy inspectors shall make seasonable returns to the inspector, to enable him to make his

returns.

1821, 151, § 12.

СНАР. 53.

Inspector, now in office, to con1821, 149, § 1.

tinue.

Future appoint

ments.

1821, 149,

$ 1.

Oath and bond.

CHAPTER 53.

OF THE INSPECTION OF BUTTER AND LARD.

SECT. 1. Inspector, now in office, to con- SECT. 12. Form of certificate and master's

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SECTION 1. The inspector for the state, of butter and lard, who is now in office, and his deputies, shall continue in office, according to their respective commissions or appointments.

SECT. 2. Whenever a vacancy in the office of inspector shall occur, it shall be the duty of the governor, with advice of the council, to appoint some person, skilled in the knowledge and properties of butter and lard, to supply the vacancy; who may be removed from office at the pleasure of the governor and council.

SECT. 3. Before entering on the duties of his office, such 1821, 149, § 1. inspector shall be duly sworn, and give bond, with sufficient sureties, to the state treasurer, in the sum of one thousand dollars, for the faithful discharge of his duty.

Appointment of deputies.

SECT. 4. When thus qualified, he shall appoint, in every sea1821, 149, § 1. port town, where butter and lard are exported, one or more deputy inspectors thereof, and in such other places as he may judge necessary, for whom he shall be answerable.

Their bond and oath.

SECT. 5. Each deputy shall give bond to the inspector, in the 1821, 149, § 1. sum of five hundred dollars, for the faithful performance of his duty; and shall be duly sworn.

When butter

or lard must be
inspected.
1821, 149, 2.
1828, 378, 1.
Manner of in-

specting.

SECT. 6. No butter or lard shall be exported, except to any of the states east of New York, until the same shall have been examined by the inspector or his deputy, in the following manner :

SECT. 7. He shall examine the casks, kegs or firkins containing the commodity intended for exportation, and, with a hollow iron 1821, 149, § 2. searcher, shall, from one side of the head of such cask, keg or firkin, perforate from one head to the other, and thereby draw out so much butter or lard, as shall determine the quality of the whole; and see that it is preserved with a due proportion of good fine salt, sweet, and, in all respects, fit to be exported to any foreign market, without danger of spoiling.

Cask, &c. to be marked with the quality.

SECT. 8. Every cask, keg or firkin of butter and lard, which, according to the inspector's best judgment, appears good and mer1821, 149, § 2. chantable, he shall distinguish according to the quality, either by the words first, second, or third; and all other by the word refuse;

and it shall be branded in plain legible letters, with the word, MAINE, CHAP. 53. and the name of the town, where it was inspected, and also with the initial letters of the christian, and surname of the inspector at large; and also with the word butter, or lard, as the case may be. SECT. 9. Every cask, keg and firkin, in which butter or lard shall Description of be exported, except to those states, which are east of New York, casks, kegs or shall be made of sound and seasoned white oak or ash staves and 1821, 149, § 3. heading, full bound, twelve and a half inches in length, and eight 1821, 263, § 2. and a half inches in diameter, in the head; or fifteen inches in length and ten and a half inches diameter in the head; kegs, twelve inches long, and seven and a half inches diameter in head, or ten inches long, and six inches head.

firkins.

weighed and

SECT. 10. Each cask, keg and firkin, before any butter or lard Casks to be fillshall be packed therein, shall be filled with strong brine, which shall ed with brine, remain therein three days. As soon as the brine is emptied from marked. such cask, keg or firkin, it shall be weighed by the owner of the 1821, 149, § 4. butter or lard, who shall, with a marking iron, mark, on one of the heads thereof, the full weight of such cask, keg or firkin, and shall brand or imprint with a burning iron, the initial letters of his christian name, and his surname at large: and if he shall falsely mark the same, he shall forfeit three dollars.

SECT. 11. No butter or lard shall be exported from this state, except to any other state east of New York, unless the master or owner shall produce to the collector, or other officer, authorized by law to clear vessels, a certificate from the inspector or his deputy, that the same has been inspected and branded, according to the directions of this chapter.

Collector to be

furnished with
a certificate, on

exportat on.

1821, 149, § 5.

cate and mas

SECT. 12. Each certificate shall express the number of casks, Form of certifior firkins, and their weight; and the master or owner of the vessel, ter's or owner's in which such butter and lard is so exported, shall, on producing oath. such certificate, take and subscribe the following oath, before the 1821, 149, § 5. officer authorized as aforesaid:

"I,——— of — -, do swear, that according to the best of my knowledge and belief, the certificate, hereto annexed, contains the whole quantity of butter, (or lard, as the case may be,) on board -, master, except such, if any, as has been inspected elsewhere, and is not subject to re-inspection, or such as is shipped, and to be exported to a state or states east of New York; and that no butter, (or lard as the case may be), is shipped on board such vessel, for the ship's company, on freight, or on cargo, but what is inspected and branded, according to the law of this state, except as before mentioned. So help me God."

er, as to

ed transporta

SECT. 13. Whenever the master of a vessel, having on board Affidavit of any butter or lard, not inspected, or the shipper, or owner, of the masteroonsame shall make oath, in writing, before any magistrate, that the place of intendsame has been shipped for the purpose of being transported to some tion. port or place in the United States, east of New York, and shall 1828, 378, § 2. deliver such affidavit to the inspector of butter and lard, or his deputy, when requested, such butter and lard shall be presumed to be shipped for such purpose; but if such affidavit shall not be so delivered on request, the presumption shall be, that the same were intended to be transported and delivered elsewhere; and no dam

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