TITLE quality thereof, in the manner before directed, and to enter the same, in a book, to be kept by him for that purpose: Penalty for violation of duty. Waigh-note. Defection in casks. Ib. ensk, when to bo &c. 7. To make and enter in his book another invoice or weigh-note, in which shall be contained the original private marks and numbers, and the scrapings and crustings in each lot, and the quality, weight and tare of each barrel, and specifying, as particularly as possible, the extent and damage appearing on such inspection, and the apparent cause thereof, whether by exposure or injury in the course of transportation, or in consequence of the original putting up of such ashes; and to deliver, if required, a true copy of such weigh-note, to the owner of the ashes inspected, or his agent. $ 65. If any inspector shall enter on any invoice, weigh-note or bill of inspection, any cask of ashes, before the same shall have been emptied out and the cask weighed, he shall be liable to a fine of five dollars for each cask so entered; and also shall be guilty of a misde meanor. $66. Every weigh-note, or copy of a weigh-note, signed, or certified, by an inspector, on which there shall be endorsed a certificate, under the hand and scal of office of the clerk of the county where the inspector resides, showing that at the date of such weigh-note or copy, the subscriber was an inspector of pot and pearl ashes, and that the hand writing appears to be his, shall be received as presumptive evidence of the facts contained therein, in all courts and places in this state. $67. If any cask, containing pot or pearl ashes, when delivered to an inspector for inspection, shall be defective and unfit for shipping, owing to the want of coopering repairs, the inspector shall put the cask in a good shipping condition, if the cost of such repairs shall not exceed the sum of seventy-five cents. $68. If a defective cask cannot, in the opinion of the inspector, be condemned, sufficiently repaired for the sum of seventy-five cents, he shall condemn the same, and shall furnish a substantial new cask, for which he shall be allowed the actual cost, not exceeding one dollar and twentyfive cents, to be paid to him by the owner of the ashes inspected, or his agent. Ib. entries to be made. Ib. $69. Every cask so furnished shall be noted by the inspector in the weigh-note and copy thereof, in which he shall also specify the original marks and numbers of the cask for which such new cask is substituted. $70. The inspector shall also enter in his book, and on the margin of the weigh-note delivered by him, the original marks and numbers of every cask repaired by him, and the expense of such repairs. ART. 3. $71. Every inspector shall keep all casks of ashes delivered to him for inspection, whilst they remain in his possession, in some dry Ashes to be place, safe from the injuries of the weather, and under a tight roof; kept dry. and every inspector violating this provision, shall forfeit to the owner Penalty. the sum of ten dollars for every cask of ashes injured by his neglect, besides the actual damages sustained by such owner. duties of in $72. Every inspector of pot and pearl ashes shall have full power, Powers and and it shall be his duty, to enter on board of any ship or vessel, within spector. the limits of the city or county, for which he is appointed, which he shall suspect to have on board any ashes shipped for exportation contrary to law, and to search for, and if discovered, to seize and take into his possession, all casks of ashes so illegally shipped. $73. Such inspector shall remove all casks so seized by him to Ib. his store or office of inspection, and shall there inspect the same according to the provisions of this Article, and shall deliver a weighnote of such inspection, signed by him, to an auctioneer of the city or county in which the seizure shall be made. $74. Such auctioneer shall proceed to advertise and sell such . ashes by public auction, and shall pay the proceeds, deducting the customary expenses of sale, to such inspector, who, deducting therefrom his fees on inspection, and ten per cent. for his services and expenses, shall pay the balance to the treasurer of this state. $75. Every owner, consignee, and master of a vessel, who shall Penalty on receive on board of his vessel for exportation, contrary to law, any of vessel. cask of ashes not inspected and branded according to the provisions of this Article, shall forfeit the sum of fifteen dollars for every cask so illegally shipped. owner, &c. inspector. $76. Every inspector who, during his continuance in office, shall Penalty on directly or indirectly buy or sell any pot or pearl ashes, shall be guilty of a misdemeanor, punishable, on conviction, by a fine not exceeding five hundred dollars; and every inspector so convicted, shall be forever thereafter incapable of holding any office of honor or profit within this state. $77. No pot or pearl ashes, nor any scrapings or crustings thereof, Prohibition shall be bought or sold in the city and county of New-York, except by retail, in any other manner, than by the weigh-note of the inspector, who shall have inspected the same; and every person who shall Penalty. violate the provisions of this section, shall forfeit, for each offence, the sum of one hundred dollars. counterfeit $78. Every person, who shall counterfeit any brand marks of an Penalty for inspector of pot and pearl ashes, or who shall impress on any cask of ing brand, such ashes, any brand marks that he shall know to be counterfeit, shall forfeit the sum of five hundred dollars; and every person, who &a TITLE 2 shall empty any cask of such ashes branded by an inspector, without cutting out the brand-marks, in order to put therein any pot or pearl ashes for sale or exportation, shall forfeit, for each offence, the sum of two hundred dollars. For misdating invoices, &c. Assistants Compensa tion. Extra allow anoes. $79. Every inspector, who shall date any invoice, weigh-note, or bill of inspection, different from the time when the article was actu ally inspected, or shall deliver out of his possession, any such invoice, weigh-note, or bill, without any date, shall, upon conviction, for every such offence, forfeit his office, and be liable to a fine of five hundred dollars. $80. The inspectorss of pot and pearl ashes, in each of the cities of New-York and Albany, may appoint as many assistants as they shall deem necessary, who shall take the oath of office prescribed in the constitution, before executing any duties under such appointment; and for whose acts and omissions their principal shall be responsible. $81. Every inspector shall be entitled to receive the following fees, on the delivery of the copy of the inspection bill, and the weighnote of the scrapings: 1. For every hundred pounds of ashes inspected by him, making the proper weigh-notes and entries, emptying and inspecting the ashes, and putting the casks, in the same condition, as when brought to him for inspection, ten cents, one half to be paid by the buyer, and one half by the seller: 2. For every good hoop furnished by him for a cask defective, when brought for inspection, four cents: and for every good head, so furnished, fourteen cents, to be paid by the seller; but no charge, for such repairs on a single cask, shall exceed seventy-five cents: 3. For procuring the proper certificate of a county clerk, on every weigh-note, or copy of a weigh-note, delivered by him, twenty-five cents: 4. For all ashes condemned by him as adulterated, the same fees as if the ashes had proved good, to be paid by the person offering such ashes for inspection. S82. Every inspector shall also be allowed the actual expenses for putting in good shipping condition, after inspection, all casks of ashes inspected by him, which expenses shall be paid by the buyer; he may also charge storage, at the usual rates, on every cask inspect ed by him, that shall remain in his possession more than ten days, after it shall have been inspected, and the weigh-note of the inspector shall have been made out. ARTICLE FOURTH. Of the Inspection of Fish. SEC. 83. Certain fish not to be exported, &c. unless inspected, &c. 84. Inspectors to provide stores and yards for storing; when to charge for same. 85. Inspector in Jefferson county may appoint deputies. 86, 87, & 88. Barrels for packing fish, how to be made. 89. How much salt to be put in each barrel for exportation; barrel to be branded. 91. If part of fish sound and part unsound, to separate them and re-pack barrel, &c. 94. Certain inspected fish may be shipped from New-York without re-examination. 97. Penalty for removing or selling fish in that county before inspected. 99. If such fish be not packed, &c. within 48 hours after seizure, to be sold. 100. Penalty for intermixing or shifting fish after inspection; other penalties. 101. Penalty for exporting, &c. fish not inspected. 102. Fees of inspectors. 103. Inspectors allowed a reasonable compensation for cooperage, &c. 104. This Article not to apply to fish packed in foreign country, or in another state. ART. 4. be inspected. $83. No pickled, or dry-salted, fish, shall be exported from this Fish when w state to a foreign market, put up in barrels or half-barrels, unless it shall have been inspected and branded agreeably to the provisions of this Article.26 yard. $84. Every inspector of fish shall provide himself with good and Store and sufficient stores and yards, capable of receiving and storing such fish as shall be brought to him for inspection, and in such places, as shall be most convenient for his employers; but he shall make no charge for the storage of fish inspected by him, if it shall be removed within three days after notice given of such inspection. county. $85. The inspector of fish for the county of Jefferson, may ap- Jefferson point one or more deputies, for whose conduct he shall be responsible. $86. Every barrel or half-barrel, in which pickled fish shall be Barrels how packed for inspection, shall be made of well seasoned, white, red, black or rock oak, white ash, or white pine timber. made. $87. Except in the county of Jefferson, every such barrel or half 16. barrel shall have twelve good hoops, and be perfectly tight; the length of a stave for a barrel shall be twenty-eight inches, and the distance, between the chimes, not less than twenty-six inches, and the diameter of the head, from stave to stave, sixteen and an half inches; the staves for every half-barrel shall be twenty-four inches long, and the diameter of the head be thirteen inches. county. $88. In the county of Jefferson, every such barrel or half-barrel b. Jefferson shall be perfectly tight, and have ten good hoops; the length of a stave for a barrel shall be twenty-seven inches, the distance, between (26) This Article was compiled, with some alterations, from the following statutes: 2 R. L. 330; Laws of 1823, p. 270; and Laws of 1825, p. 268. TITLE 2. the chimes, not less than twenty-five inches, and the diameter of the head, from stave to stave, not less than sixteen inches; and the diameter of a half-barrel shall be in the same proportion. Fish te be salted and branded. Proceedings of inspector. Ib. Weight of salmon. Shad. Fish in Suffolk, &c. Fish in Jefferson county ed, &e. $89. It shall be the duty of every person who shall put up or barrel any fish for exportation, except in the county of Jefferson, to put one bushel of good salt into each barrel of fish so put up, and to brand the same with the name of the fish contained therein, and with the initials of his own christian and surnames, and the name of the place where the fish shall be put up. $ 90. Every inspector, to whom fish shall be brought for inspection, shall open one of the heads of the barrel in which it shall be contained, and if the fish be sound and merchantable, and there shall be a sufficient quantity of salt for its preservation, he shall brand his name, and the place of his residence, on the head of such barrel; if the fish be unsound, the inspector shall destroy it. If the barrel be not full, or do not contain a sufficient quantity of salt, the inspector shall fill it with sound and merchantable fish, or add a sufficient quantity of salt, as the case shall require. $91. If it shall appear to the inspector, that a part of the fish so examined by him is unsound, and a part sound, he shall separate the sound from the unsound, and re-pack, fill up, salt, inspect, and brand the barrel, in the manner directed in the preceding section. $ 92. Every barrel of salmon, or salmon-trout, inspected, shall contain two hundred pounds weight, and every half-barrel, one hundred pounds weight; and on one of the heads of every such barrel or half-barrel, the weight of the fish contained therein, shall be marked or branded by the inspector. $93. Shad offered for inspection shall be packed in barrels and half-barrels of the size and quality of those in which beef and pork are required, by law, to be packed, and shall be re-packed, inspected and branded in the same manner as salmon. $94. All fish duly inspected in the counties of Suffolk, Queens and Kings, may be shipped and exported from the city of New-York, without being subject to re-examination. § 95. All fish caught in the county of Jefferson, and packed for how inspect sale, shall be inspected and branded by the inspector of that county, or one of his deputies, before they shall be shipped or removed from the shore, on which the seine is hauled, in the bay or other place where they shall be caught; but if the fish shall be hauled up on an island, where it would be difficult to have them inspected, they may be removed to the nearest place of inspection in the county. |