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CHAP. 57.

Present survey

tors, to contin

ue.

CHAPTER 57.

OF EXPORTATION OF FLAX SEED.

SECT. 1. Present surveyors and inspectors, SECT. 7. Penalty for receiving on board,

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SECTION. 1. The several surveyors and inspectors of flax seed, ors and inspec- who have been appointed in the seaport towns of this state, shall continue therein, according to the tenor of their appointments. SECT. 2. When a vacancy shall occur in the office of any such surveyor and inspector, the governor, with consent of the council, 1921, 155, § 1. may appoint a skilful and disinterested person to supply the vacancy, who shall be duly sworn.

1821, 155, § 1. Vacancies to be filled by the

governor.

Their duties. 1821, 155, § 1.

Same subject. 1821, 155, §.

ed.

SECT. 3. It shall be the duty of all such surveyors and inspectors, to inspect and survey all flax seed, intended to be laden on board any vessel, for foreign exportation; they shall open the casks, containing the same, and, if necessary, measure and shift the same into other casks, so as to examine the whole, to ascertain that it is clean and unmixed with other seed.

SECT. 4. Every cask, containing the measure hereinafter mentioned, of cleansed seed, he shall mark with a burning iron, and imprint thereon with it the mark, Insp. with the name of the town, where inspected and approved; the name of the surveyor, at large, and the letter, S. at the end thereof.

What flax seed SECT. 5. No flax seed shall be exported from this state, to any may be exportport or place without the United States, but such as shall have been 1821, 155, § 1. surveyed and well cleansed, and in casks, each containing seven bushels and one peck, or in casks, containing each one half of said quantity.

Certificate to be produced before clear

ance.

SECT. 6. No vessel, on board of which any flax seed shall be shipped for exportation, shall be cleared out at the custom house, till the master, or owner, thereof shall produce a certificate from 1821, 155, § 3. such surveyor or inspector, as above described, that such flax seed has been surveyed and inspected, according to the provisions of this chapter; which certificate shall be granted without any fee.

Penalty for re

ceiving on board, before inspection. 1821, 155, § 4.

Forfeiture of the article. 1821, 155, § 4. Penalty for

shifting con

SECT. 7. If the owner of any flax seed, or his agent, shall lade on board any vessel, or the master, or any mariner, of any vessel shall receive on board, any flax seed, not surveyed and inspected as this chapter requires, for the purpose of such exportation, he shall forfeit and pay the sum of twenty dollars for each bushel, so shipped.

SECT. 8. All such flax seed, so laden or received, shall be forfeited, and may be seized, libeled and sold in the manner pointed out, by law, respecting the forfeiture of any personal property.

SECT. 9. If, after any cask or vessel containing flax seed, has been approved and stamped, as before directed, any person shall 1821, 155, § 5. shift the contents of such cask, and put therein any flax seed,

tents of casks.

pay

CHAP. 57.

of inspector.

which has not been surveyed and approved, he shall forfeit and the sum of thirty dollars for each cask, so shifted. SECT. 10. If any such surveyor, or inspector shall be guilty of For misconduct any neglect or fraud, in surveying and inspecting any flax seed, or, in any other particular, neglect, or violate his duty and the provisions of this chapter, he shall forfeit the sum of thirty dollars, for every such neglect or offence.

1821, 155, § 6.

SECT. 11. The above mentioned penalties, when recovered, Appropriation shall be, one half to the use of the state, and the other half to the of penalties. use of him, who shall sue for the same. 1821, 155, § 7.

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1836, 202, § 1.

Vacancies to be

SECTION 1. The inspectors of hops, in the several counties of Inspectors to the state, and their respective deputies, shall continue to hold their remain in office. offices, according to the terms of their respective appointments. SECT. 2. When a vacancy shall occur, in the office of an inspector of hops in any county, it shall be the duty of the with advice of the council, to appoint a suitable person, to supply 1836, 202, § 1. the vacancy; who shall be removable at the pleasure of the exec

utive.

governor,

filled by the governor.

SECT. 3. Before entering on the duties of his office, he shall be Oath and bond. duly sworn, and shall give bond to the state treasurer with sufficient 1836, 202, § 1. sureties, in the sum of five hundred dollars, for the faithful discharge

of the duties of his said office.

may

SECT. 4. Each inspector may appoint deputy inspectors in his Deputies. county, for whom he shall be answerable, and from whom he 1836, 202, § 1. require sufficient bonds, for the faithful discharge of their duty; and they shall be duly sworn.

chantable.

SECT. 5. Hops shall not be deemed merchantable, unless they What hops have been picked well, and free from stems and leaves, and dried deemed merin a kiln, with a charcoal fire; and the bales or packets, [pockets], in 1821, 152, § 3. which they are packed, shall be firm and strong, and of such a texture, as to receive the marks of the cultivator and inspector; and each bale or packet shall be marked with the name of the cultivator, and of the town, in which he lives.

SECT. 6.

The inspector, or one of his deputies, shall examine Manner of in

specting and branding.

1821, 152, § 2.

CHAP. 58. the contents of every bale or packet of hops, intended to be exported, so as to ascertain the quality; and, if found to be merchantable and firmly packed, and that they were packed, at least ten days before inspection, and that the bales or packets are such as are before described, he shall distinguish the same by marking them with the words, first sort, or second sort, or third sort, or refuse, according to their quality. He shall also add the date of the year, and the weight of each bale or packet, and the initials of his own christian name, the whole of his surname, the name of the county, and the word, MAINE.

Certificate to

be produced be

fore clearance.

1821, 152, § 5.

Master's or owner's oath.

1821, 152, § 5.

Penalty for exporting, &c.

contrary to law, 1821, 152, § 6.

Seizure.

SECT. 7. Hops shall not be shipped, or exported from this state, unless the master or owner of the vessel, in which such hops are shipped, shall produce to the collector, or other person authorized by the laws of the United States to clear out vessels, a certificate of the inspector, or one of his deputies, that the same have been duly inspected, marked, and weighed, according to the provisions of this chapter; which certificate shall express the number of bales or packets, of each sort of hops, with the weight of each bale.

SECT. 8. Any such master or owner, on producing such certificate, shall take and subscribe the following oath, viz: "I do swear, that, according to my best knowledge and belief, the certificate hereto annexed contains the whole quantity of hops, on board the of which is master; and that there are no hops on board the said vessel, for the use of the ship's company, on freight, or on cargo, but what have been inspected and marked, according to the law of this state. So help me God.”

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SECT. 9. Every person who shall export, or ship for exportation, from this state, any hops, contrary to the provisions of this chapter, shall forfeit and pay the sum of twenty dollars; and the master of every vessel, having the same on board, the sum of ten dollars; for every bale or packet, so shipped for exportation, or exported.

SECT. 10. Any inspector may issue a warrant to the sheriff, or 1821, 152, § 6. his deputy, or constable, to go on board a vessel, and seize any hops on board, which have not been inspected and marked, as aforesaid, and secure the same as forfeited; and the officer may require all necessary assistance; and every person thus required to assist, shall forfeit five dollars for refusal so to do; provided, that nothing in this chapter shall apply to hops, shipped and transported coastwise, within the state, for the purpose of inspection; in which case a certificate of the owner shall accompany the same, stating the owner's name, the number of bales or packages, and to whom they are sent. SECT. 11. If an inspector shall unreasonably delay the inspection and marking hops, when requested, he shall forfeit five dollars. SECT. 12. If any person, not being an inspector, nor deputy, shall alter or counterfeit any mark belonging to, or proper to be used by, any inspector or deputy, or shall mark any bale or packet, with any letters or marks aforesaid, he shall forfeit ten dollars for each offence; and the hops shall be forfeited.

Penalty for in

spector's delay.

1821, 152, § 7.
For fraudulent-

ly marking bales
or pockets.
1821, 152, § 3.

For shifting the contents.

SECT. 13. If any person shall empty any bale, marked as above 1821, 152, § 9. required, and put in any other hops for sale or exportation, without cutting out or obliterating the marks, he shall forfeit and pay five dollars for each offence.

SECT. 14. If any inspector or deputy shall be guilty of fraud, CHAP. 58. in inspecting hops, contrary to this chapter, or put his marks on any For frauds by bale or packet, not inspected by him, and found merchantable, he inspector. shall forfeit and pay twenty dollars for each bale or packet.

1821, 152, § 10. SECT. 15. If any person shall mix hops, not inspected, with For fraudulent those which have been inspected, contrary to this chapter, he shall 1821, 152, § 11. forfeit and pay twenty dollars for each offence.

intermixtures.

SECT. 16. All said penalties, when recovered, shall be, one How appropri half to the prosecutor, and the other half to the town, where the 1821, 152, § 12.

offence was committed.

ated.

SECT. 17. The several inspectors shall, annually, in the month Annual returns. of May, make return, to the secretary of state, of the whole num- 1821, 152, § 14. ber of bales or packets, marked by him, of the different qualities, and the weight of each quality, making up his account to May first; and the deputies of each inspector shall make seasonable returns to them.

CHAPTER 59.

OF PACKING CLAMS.

SECT. 1. Of the appointment of inspectors; SECT. 4. Seizure of clams, fraudulently ship

tenure of office. Bond.

2. How clams shall be packed and marked.

3. Forfeiture for exporting or selling damaged clams.

ped.

5. Forfeiture for inspector's miscon-
duct.

6. Penalties, how appropriated.

tors; tenure of

Bond.

shall be packed

SECTION 1. All inspectors of clams in this state, who have been of the appointappointed by the governor and council, as such, shall continue in ment of inspecoffice according to the tenure thereof; and when in any city or office. town, where clams are packed for exportation, a vacancy shall hap- 1839, 379, § 1. pen, another person skilled in the quality of the same, shall be appointed, by the governor and council, to fill the vacancy during their pleasure; and he shall give bond to the treasurer of the city or town, where he resides, in the sum of two hundred dollars, for the faithful discharge of his duty. SECT. 2. All clams, packed for exportation, shall be shelled How clams and well struck with salt, before freezing, and preserved from taint and marked. or damage, and shall be packed in barrels or half barrels; each 1839, 379, § 2. barrel to contain two hundred pounds of clams, and thirty pounds of salt; and each half barrel shall contain one hundred pounds of clams, and fifteen pounds of salt; and such casks shall be branded by the inspector, as follows, viz: Those of the best quality and dug in the proper season, and saved free from frost or taint, clams No. 1; those, which remain and are free from damage, shall be marked, clams No. 2. He shall brand on the head of each cask, in which clams are packed or repacked, the number of pounds in such cask, the initials of his christian name, and his surname at length, the name of the city or town, for which he is appointed, and the word, MAINE.

СНАР. 59.

Forfeiture for
exporting or
selling damag-
ed clams.
1339, 379, § 2.
Seizure of

clams, fraudu

Jently shipped. 1839, 379, § 3.

Forfeiture for inspector's misconduct.

SECT. 3. If any person shall sell or export, within or from this state, any tainted or damaged clams, he shall forfeit and pay for each barrel, so sold, five dollars, and for each half barrel, two dollars and fifty cents.

SECT. 4. If shelled clams, packed in barrels or half barrels, shall be put on board any vessel or carriage, with intent to sell or export the same, unless they have been inspected and branded, according to the provisions of this chapter, such clams may be seized, by virtue of a warrant issued by a justice of the peace to any proper officer, on complaint made to him by any person; and the officer shall carry the same to the inspector nearest to the place of seizure, who shall be authorized to open, inspect, repack and brand, as aforesaid, and detain the same till all expenses of seizure, inspection and other charges shall be paid.

SECT. 5. If any inspector shall brand any cask, the contents of which he has not inspected, packed, salted and coopered, accord1839, 379, § 4. ing to the provisions of this chapter, or shall permit any other person to use his brand, contrary to the provisions of this chapter, he shall forfeit and pay, for each cask so branded, five dollars.

Penalties, how appropriated. 1839, 379, § 5.

SECT. 6. All the foregoing penalties, when recovered, shall be to the use of the town, where the offence was committed, and to the person who shall sue for the same, in equal proportions.

Dimensions of

a cord of wood. 14 Maine, 104.

Penalty for selling before sur

vey.

CHAPTER 60.

OF FIRE WOOD, BARK AND COAL.

SECT. 1. Dimensions of a cord of wood.
2. Penalty for selling before survey.
3. How wood shall be corded, when
brought by water.

4. Penalty for removing from wharf,
&c. before measured.

5. Ticket of the admeasurement and
name of driver, to be exhibited on
demand of any sworn measurer.
6. Not applicable to a person trans-
porting fire wood, purchased for
himself.

SECT. 7. Forfeiture for fraudulent stowage. 8. How charcoal may be sold and measured.

9. Size of coal baskets. To be sealed.

10. Penalty for using other baskets. 11. Seizure of such baskets.

12. Measurer to give a ticket, under penalty.

13. Penalties, how appropriated. 11. How recovered.

SECTION 1. All cord wood, exposed to sale, shall be four feet long, including half the scarf; and, being well and closely laid together, a cord of wood or bark shall measure eight feet in length, four feet in width, and four feet in height.

SECT. 2. If any fire wood or bark, brought into any town by land, shall be sold and delivered, before it has been measured by a 1821, 160, § 3. sworn measurer, unless otherwise agreed to by the purchaser, and a ticket signed by him and given to the driver, stating the quantity the load contains, the name of the driver, and the town in which he resides, such wood or bark shall be forfeited, and may be libeled and disposed of according to law.

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