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S 96. Every barrel of fish put up in the same county, and branded ART. 4. as “pickled fish,” shall contain three pecks of good salt, and every such barrel, branded as “corned fish,” shall contain twelve quarts of good salt; and the inspector shall mark the quality of the fish inspected, by branding the number 1, 2, or 3, on the head of the barrel containing it.

$ 97. Every person in the same county, who shall remove, or as- k. sist in removing, from the place where they ought to be inspected, or sell or offer to sell any fish, not packed and inspected, according to the provisions of this Article, (other than such as are intended to be used as fresh fish, or for family use ;) and every person who shall receive on board any vessel or boat, or in any wagon or other vehicle, any such fish, with intent to aid in preventing its inspection, shall forfeit, for each offence, the sum of twenty-five dollars.

$ 98. It shall be the duty of the inspector of fish, in the county of me. Jefferson, and of his deputies, to seize and take into safe keeping, any salt fish, that shall be shipped, or otherwise removed, from the place where they ought to have been inspected, contrary to the provisions of this Article.

$ 99. If within forty-eight hours after such seizure and detention, Ib. the owner or person having the charge of such fish, shall not cause the same to be packed, inspected and branded, and shall not pay the reasonable charges of such seizure and detention, the inspector or deputy making the seizure, shall advertise and sell the fish at public auction, within thirty days thereafter, and shall pay the proceeds of such sale, deducting ten per cent. for his trouble and expenses, to the county treasurer, for the use of the county; and for the recovery of such proceeds, if not duly paid, the treasurer may maintain an action in his name of office.

S 100. Every person who, with intent to defeat the provisions of Ponales. this Article, shall intermix, take out or shift any fish, in any barrel or cask inspected and branded, or put into any such barrel or cask, any other fish, for sale or exportation, or deface or change the mark or brand of any inspector, shall, for each offence, forfeit the sum of twenty-five dollars.

S 101. Every person who, contrary to the provisions of this Arti- Ib. cle, shall export to any foreign port, or offer to sell for such exportation, any fish not duly inspected, shall forfeit a sum equal to the full value of the fish, so exported or offered for sale.

$ 102. Every inspector of fish shall be allowed the following fees, Peer to be paid, by the owner, or person having charge of the fish offered for inspection :

VOL. I.

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TITLE 2

1. For every barrel of pickled fish, by him inspected and re-packed, thirty-seven and a half cents, and nineteen cents for every halfbarrel :

2. For every barrel and half-barrel of pickled fish, by him inspected, and not re-packed, twelve and a half cents :

3. For every barrel and half-barrel of dry-salted fish, by him inspected, twelve and a half cents :

4. For every tierce of salmon, inspected by him, fifty cents; and for every keg, twelve and a half cents; and the same fees shall be allowed for fish condemned by the inspector, as for fish inspected, repacked and branded.

S 103. Every inspector shall also be allowed a reasonable compensation for his expenses and trouble for necessary cooperage, for filling up with sound and merchantable fish, for adding salt, and for destroying unsound fish; and the compensation and fees of the inspector shall, in all cases, be a lien on the fish inspected.

S 104. The provisions of this Article shall not be construed to apply to fish put up and packed in foreign countries, and imported into this state; or put up and packed in any other state agreeably to the laws of such state.

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ARTICLE FIFTH.

Liver oil to be inspected.

Of the Inspection of Fish or Liver Oil.
Sec. 105. Fish oil, in New-York, and certain other places, required to be inspected

106. Duty of inspectors of fish oil.
107. Persons holding fish oil, to put it in a convenient place for inspection
108. Penalty for counterfeiting brands; and other penalties.
109. Powers of inspectors in New-York and Troy.
110. Fees of inspectors.

111. All oils, except fish or liver oil, exempt from inspection under this Article.

S 105. No liver oil, commonly called fish oil, shall be bought, sold or bartered in, or in any manner shipped, exported or conveyed from, the cities of New-York, Albany, and Troy, and the villages of Brooklyn, Lansingburgh and Waterford, unless it shall have been inspected, guaged and branded, agreeably to the provisions of this Article 27

S 106. It shall be the duty of each inspector of fish oil,

1. To guage and inspect any quantity of fish oil, whenever required; and to make search for fish oil within his district, and to inspect and guage the same :

2. To brand on each cask so inspected and guaged, the whole number of gallons it shall guage, the quantity of water, the quantity of sediment, and the quantity of pure oil therein ; together with his own name, and the name of the place for which he was appointed :

3. To niake, subscribe, and deliver to the owner or holder of the oil, a certificate exhibiting, in separate columns, the quantity of each

(27) This Article is a revision of the following statutes : Laws of 1818, p. 54 ; 1819, p. 8.

Duty of inspector

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of the before mentioned ingredients, contained in the whole parcel of ART. 6. oil inspected.

S 107. It shall be the duty of all persons holding fish oil, to put Duty of per the same in a convenient position for guaging or inspecting, whenever oil.com required by the proper inspector.

S 108. Every person who shall counterfeit or alter the brands Penalty for made by an inspector : or who shall mix, or in any manner adulte- ing brands. rate any cask of oil, after it shall have been branded; or who shall buy, sell, or barter any oil subject to inspection, which has not been inspected in any place in which an inspector is authorised to act; or who shall convey, or cause to be conveyed from such place, any such oil which has not been inspected; or who, upon emptying any cask of fish oil, shall not immediately efface the inspector's brands; shall forfeit the sum of twenty-five dollars for each offence.

S 109. The powers of the inspector of fish oil for the city of New- Powers of York, shall extend to and include the village of Brooklyn; and those" of the inspector for the city of Troy, shall extend to and include the villages of Lansingburgh and Waterford.

$ 110. Every inspector for guaging, inspecting, branding, and cer- Fees of in:tifying the contents of each cask of oil inspected by him, shall be en- pe titled to receive twenty cents from the owner or holder of such oil, who may charge one half of the fees paid by him to any subseqent purchaser.

S 111. All other oils than liver oil, commonly called fish oil, shall Certain oils be exempt from inspection under the provisions of this Article.

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ARTICLE SIXTH.
Of the Inspection of Lumber.

Sec. 112. Lumber not to be exported by sea, until inspected.

113. How lumber to be measured ; what deduction to be made ; bills to be rendered. 114. Inspectors to mark number of feet on lumber. 115. Contents of mahogany how stated in bill of return. 116. Penalty for shipping lumber without inspection. 117. Penalty for shipping cypress shingles without inspection and not of a certain size. 118. Penalty for inspecting lumber without authority ; powers of certain inspectors. 119. Inspectors not to employ deputies ; not to trade in lumber. 120. Fees of inspectors. 121. When inspector to be paid according to agreement with his employer. 122. All shingles offered for sale in this state, may be inspected. 123. Bundles of shingles so inspected how to be branded, &c. 12. Duty of the owner of shingles so presented for inspection. 125. What shingles to pass inspection; not to be subjected to re-inspection. 126. Penalty on inspectors, deputies, &c. for fraud or neglect, &c. 127, Fees for inspecting and branding such shingles. $ 112. No timber, plank, boards, scantling, or cypress shingles, Timber,

plank, &c. shall be exported by sea from this state, to any port out of the terri- to be inspect

od. torial limits of the United States, that shall not have been duly in-"

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TITLE 2 spected by an inspector of lumber, according to the provisions of this

Article. 28

$ 113. The inspectors of lumber shall measure the entire contents, without any deduction, of raft timber and spars ; except in cases where by express agreement, they are required both to measure and inspect; in which cases there shall be no other deduction made, than what, in their judgment, is the exact quantity of unsound timber contained therein. They shall render to their employers, bills of the lumber inspected, stating the number of feet contained therein, and whether the same has been measured only, or both measured and inspected; and if inspected, they may make and state four qualities, if

in their opinion it becomes necessary. How marked. S 114. The inspectors shall mark with a marking iron, on all tim

ber by them inspected, except mahogany, red cedar and live oak, the number of feet contained therein, either in cubic or superficial measure; the number of feet in mahogany, red cedar and live oak timber, shall be expressed in their bills, severally annexed to the number of each log; and all raft timber shall be numbered, and the bills

made in like manner. Mahogany or S 115. The inspectors, when employed to measure or inspect ma

hogany logs or square timber, shall set forth in the bill or return of such measurement, together with the number and contents in feet, the length, width and thickness of each log or square piece so mea

sured. Penalty for S 116. Every person who shall ship on board of any vessel, for

exportation to any foreign port, contrary to the provisions of this Article, any lumber that has not been inspected by an inspector, shall forfeit for every thousand feet supërficial measure so shipped, the sum

of two dollars and fifty cents. 1b. Cypress S 117. Every person who shall ship on board of any vessel, for

exportation to any foreign market out of this state, any cypress shingles which have not been inspected by an inspector, and which shall not be at least twenty-two inches in length, three inches and one half of an inch in breadth, and three-eighths of an inch thick, shall for

feit the sum of two dollars for every thousand shingles so shipped. Ib. For in- $ 118. Every person, not appointed and authorised as an inspecwithout au- tor, who shall measure or inspect any lumber or cypress shingles, in

any place for which an inspector is appointed, shall forfeit to the inspectors of lumber, in such place, the sum of ten dollars, for every such offence. But the inspectors residing in Troy, 'may inspect at Gibbonsville or West Troy, in the county of Albany; and the in

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(28) This Article, except the last six sections, is a revision of the following statutes : 1 R. L. 237; Laws of 1819, p. 47 ; Laws of 1822, p. 241.

spectors of Albany may inspect at Bath and Greenbush, in the county ART. 6. of Rensselaer.

S 119. No inspector of lumber shall employ any deputy, to in- Prohibition. spect in his name ; and every inspector who shall, directly or indirectly, buy or sell any lumber or cypress shingles, except for his own use, shall be deemed guilty of a misdemeanor, and on conviction, shall forfeit his office.

specior.

S 120. Every inspector of lumber shall be entitled to receive the Feos of infollowing fees, to be paid, one-half by the buyer, and one-half by the seller :

1. For every ton of forty cubic feet of raft timber, measured and inspected, eight cents; and if measured only, five cents :

2. For every thousand feet, superficial measure, of boards and plank, thirty-seven and a half cents, if inspected; but if measured only, twenty-five cents :

3. For every thousand feet, inch measure, of beams and scantling, twenty-five cents :

4. For every thousand feet, superficial measure, of mahogany, one dollar:

5. For every thousand cypress shingles inspected, eighteen cents.

S 121. In all cases where, from the character of the lumber, the Fees. fees of the inspector cannot be calculated under the preceding section, he may receive such compensation as his employer shall consent to pay, provided he make known to such employer, the fees actually allowed in this Article.

S 122. All shingles offered for sale in this state, may be inspected Shingles sold by the inspectors of lumber. 29

$ 123. Each bundle of shingles so inspected, shall be branded Bun across the butts or sides, as follows: No. 1, No. 2, No. 3, No. 4, or branded. with the letter R, or with the letter 0, together with the name of the inspector, and the name of the place where inspected :

No. 1 shall be at least eighteen inches long, four inches wide, half an inch thick at the butt, straight rifted, and full breasted :

No. 2 shall be at least eighteen inches long, seven-sixteenths of an inch thick at the butt, four inches wide, straight risted, and full breasted :

No. 3 shall be at least seventeen inches long, average four inches wide, and none shall be less than three inches wide, three eighiths of an inch thick at the butt, straight rifted, and shall hold their width three-fourths of the way to the thin end, and be well shaved :

No. 4 shall be at least fifteen inches long, average four inches wide, and none shall be less than three inches wide, three-eighths of

in this state.

Bundles to be

(29) Act of the 19th of April, 1828, p. 332, chap. 261.

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