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His fees,

tor.

engagement before a justice of the peace, for the due
performance thereof.

Sec. 4. And be it further enacted, That the burners of
lime shall pay the inspector or his deputy, for inspecting
and branding, filling not included, the sum of two cents
for each and every cask he may inspect, and for filling

the same, two cents more in addition,
Not brand- Sec. 5. And be it further enacted, That all casks of lime
corteilen. offered for sale or exportation in this State, not branded

in manner as aforesaid, shall be forfeited; one moiety
thereof to and for the use of the poor of the town where-
in the same shall be offered for sale, and the other moiety
to the complainant or informer; to be recovered in any
court proper to try the same, in the county where the

same shall be offered for sale or exportation.
Penalty Sec. 6. And be it further enacted, That if any inspector
of inspec. or deputy-inspector shall brand any lime contrary to the

provisions of this act, he shall forfeit and pay the sum
of five dollars for each cask by him so branded, to be
recovered by indictment or action of debt, one half to the
complainant, and the other half to and for the use of the
State.

Sec. 7. And be it further enacted, That every person who terfeiting shall counterfeit the brand of any inspector, or deputy-inbrand, &c.

spector, appointed as aforesaid, or shall imprint any cask,
or casks of lime with his brand without his consent or ap-
probation, or shall fill any cask or casks a second time
which have been before filled and branded, without first
causing the former brand to be cut out, shall forfeit double
the value of the lime so filled or branded, by counterfeiting,
or without leave or approbation, or without first cutting
out the former brand, to be recovered in manner as
aforesaid, one moiety to and for the use of the prosecutor,

and the other to and for the use of the State.
Certificate Sec. 8. And be it further enacted, That it shall be the
duced to* duty of every person exporting stone lime, previous to
collector the exportation thereof, to make and produce his certifi-
on expor- cate to the collector of the district from which it shall

be exported, that the same hath been inspected and
branded agreeably to law: and all magistrates, judges,
justices of the peace and grand jurors within this state,
are enjoined to take notice of all breaches of this act that
shall come to their knowledge.

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1822.

An act to prevent frauds in the Tare of Butter Firkins or Tubs. 1770 '98

Section 1. Be it enacted by the General Assembly, and by Butter firthe authority thereof it is enacted, That each and every cooper kins to be or other person who shall make any butter firkins or tubs, or shall purchase any butter firkins or tubs which are · made out of this State, shall, before they expose the same to sale, cause each firkin and tub to be branded or marked with the two first letters of his or her name, and also with the neat weight of said firkin and tub; which brand and weight shall be so made as to remain and appear plainly to be seen.

Sec. 2. And be it further enacted, That if any person Penalty or persons in this State shall offer for sale any butter by for selling the firkin or tub, without the same being first branded or marked as aforesaid, the person or persons so offering such firkins or tubs of butter for sale, shall forfeit and

pay as a fine the sum of one dollar, to be recovered by action of debt before any one justice of the peace in the town where such offence shall

be committed, upon complaint of any person to whom such butter shall be offered for sale ; and upon the facts being proved before said justice, the person offering the butter for sale shall pay all costs, and the judgment shall be final.

Sec. 3. And be it further enacted, That when any person or Firkins persons shall purchase a firkin or firkins, tub or tubs of over, butter, he or they shall have liberty, if there be any ap-seller to pearance of fraud in the tare marked upon the firkins or make an. tubs, to cause such firkins or tubs to be justly weighed, and if it shall be found that the firkins or tubs weigh more than shall be marked upon them, allowing two pounds for each firkin or tub with the butter therein weighing under sixty pounds, and three pounds for each firkin or tub with the butter therein weighing above sixty pounds, on account of the brine the firkins or tubs may have absorbed, then, for whatever such firkins or tubs shall weigh more than shall be marked upon them, the seller shall return the money to the buyer for as many pounds as shall be found wanting ; and upon his refusing so to do the Penalty buyer shall, in the presence of one or two persons of good for refusal. reputation, weigh such firkins or tubs, and shall have his action against the offender, to be tried by one justice of the peace in the town where the offence shall be committed, who shall hear the parties, give judgment and award execution, which shall be final.

marked,

Seller's remedy

er.

Sec. 4. And be it further enacted, That when any fir

kin or tub shall be found to weigh more than the same the coop- shall be marked with the aforementioned allowance,

and the seller is obliged to make good the deficiency, he shall be entitled to an action against the cooper, or other person in this State, of whom he purchased such firkin or tub, for his damages; and the conviction of the seller of the butter shall be sufficient evidence against the person of whom he shall have purchased the firkin or tub.

1822.

Towns to choose surveyors

&c.

1731, 98, An act regulating the assize of Clapboards and Shingles,

and the measuring of Boards, Plank, Timber and Scantling.

Section 1. Be it enacted by the General Assembly, and by the

authority thereof it is enacted, That in each town within this of boards, State where boards, plank, shingles, clapboards and

scantling are usually imported and brought for sale, there shall be two or more honest persons, who are skilful, an. nually elected by such town, at the time of the choice of their town officers, to be surveyors and measurers of boards, plank, timber, scantling, shingles and clapboards, who shall be sworn or affirmed, as other officers are, to the faithful performance of their office: and all boards, plank, timber and scantling, imported or brought for sale, before their delivery, shall be viewed, surveyed, and measured, by one of the said officers, where he shall have any doubt of the measure; and he shall mark the just contents thereof, making reasonable allowance for the drying and

shrinking, and for rots and wanes; and the seller shall Surveyor's

make a due allowance for all splits therein; and the buyer fees. shall

pay the officer six cents per thousand for viewing only, and ten cents per thousand for measuring and marking; and in like proportion for a less quantity than a thousand feet: and no boards, plank, timber, scantling, shingles or clapboards, shall be delivered upon sale, before they have been viewed and surveyed, and also measured, if necessary, and marked anew by one of said surveyors, on penalty of being forfeited, or the value thereof, by the seller or shipper, to the use of the poor of the town where they

are sold or shipped. Shingles, Sec. 2. And be it further enacted, That all shingles and forfeited clapboards exposed to sale by quantities in bundles, that

do not hold out the number they are marked for, unless

it appears that some have been drawn or shaken out of the bundles after packing, shall be forfeited to the use of the poor of the town where they are exposed to sale ; the charge of searching and telling them being first deducted: and every bundle of shingles and clapboards which, ac- Their size. cording to the sound judgment of the surveyor, will hold out, one with another, four inches and one half in breadth, shall be accounted merchantable, provided the shingles are eighteen inches in length, and the clapboards not less than four feet and an half long, and the least to be four inches or more in breadth, and one half of an inch or more in thickness; and all that are otherwise to be culled and burnt; and so many more, if need be, until what are left of said bundles will bear four inches and an half, according to the judgment of the surveyor; who shall have for his services, three cents for every thousand surveyed, and three cents for every thousand for telling, to be paid by the buyer, where there is no forfeiture for want of tale, to satisfy the charge; and for every thousand he culls and binds up again, ten cents per thousand, and proportionably for less quantities, to be paid by the owner and seller of the said shingles and clapboards, returning the remainder to the owner, if any there be, after the charge is deducted; any law, custom or usage to the contrary hereof notwithstanding.

1766, '98, 1822.

An act to prevent frauds and abuses in the sale of Hoops.

Section 1. Be it enacted by the General Assembly, and Assize of by the authority thereof it is enacted, That all hoops made or brought into any town in this state, and offered for sale as hogshead hoops, shall be at least, one half thereof, eleven feet and an half in length; and the other half not less than ten feet in length; and that all those offered for barrel hoops shall hold out, one with another, at least seven feet and an half in length; and that they be of such size and substance as shall be sufficient for locking at the small end, and be otherwise suitable for immediate working. Sec. 2. And be it further enacted, That each

town in Viewers this State where hoops are usually sold or exported, shall annually choose two or more honest men of good judgment, as viewers of hoops, who shall be under oath for the faithful performance of their trust, and whose business and duty it shall be to view and examine all hoops

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that may be offered for sale in or exported from this State and whenever they shall view and find any hoops so offered for sale, or to be exported, fall short in the length

aforesaid, or not of such size and substance as by this Hoops to act is required, they shall be condemned and sold at auced in case.

tion, by the officer who shall view the same, within twenty-four hours after giving notice to the owner or owners thereof; and one quarter part of the money arising from the sale shall be applied to and for the use of the town where they shall be sold, and the remainder, after paying thereout unto the viewer of such hoops his fees, shall be

returned to the owner or owners. How many

Sec. 3. And be it further enacted, That all hoops shall be in a bun, put up in bundles to contain twenty-five each, and that to be sold said hoops be sold by neat hundreds; and that when the by the

officer viewing shall find any fraud in the bundles, by hundred.

their not containing the full number they were offered for, every such bundle shall be condemned as forfeited, to be sold by the viewer in manner aforesaid ; and that the money, after paying the viewer his fees, shall be by him lodged in the town treasury of the town, where they

are sold, for the use of the poor of such town. Penalty Sec. 4. And be it further enacted, That if

any person shall for shipping hoops ship for exportation any hoops, but such as have been dunot sur: ly surveyed and allowed to be merchantable agreeably veyed, &c.

to the true intent and meaning of this act, he shall pay as a fine three dollars and thirty-three cents for every thousand so shipped, to be recovered by such officer appointed as aforesaid, by prosecution against the offender, before any justice of the peace, in the town where the offence shall be committed, for the use of the poor of the town.

Sec. 5. And be it further enacted, That the persons appointed as viewers of hoops shall receive at and after the rate of twenty-five cents for every thousand they shall view and examine; and if the hoops shall be adjudged good and merchantable, the buyer shall pay the same.

Viewers sees.

1784.

An act ascertaining the weight of a bushel of Indian and Rye

Meal. Weight of Be it enacted by the General Assembly, and by the auof meal. thority thereof it is enacted, That in the sale of indian meal

by weight, the same shall be estimated at and after

a bushel

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