242

Infpection of Provifions, &c.

the faid fourteen Days, given fufficient Notice thereof to the Sclect-men of the Town in which fuch Perfon is fo entertained, in which Cafe it fhall be defrayed out of the public Treafury of this State, by Order of the Governor and Council, (unless the Perfon fo entertained hath Relations who by Law are liable for his Support) and all Expence that may be incurred in the Support of fuch Perfon within the Term of three Months, from the Time of his coming to fuch Town, in Cafe he shall within the Term of three Months, have been warned to depart faid Town, fhall in like Manner be defrayed out of the public Treafury of this State, and all Expences that may arife in Support of fuch Perfon, fubfequent to the faid Term of three Months, on account of Sickness or Lamenefs, which fhall have commenced within the faid Term of three Months, and which fhall have continued beyond the faid Term, to fuch a Degree as to render it unfafe to remove fuch Perfon, fhall during the continuance of fuch Sickness or Lameness only, be defrayed out of the public Treasury of this State, and all fubfequent Expences fhall be defrayed by fuch Town, during his

continuance therein.

11. Be it further enacted, That the several Towns in this State, fhall be holden to fupport and maintain their respective InhabiTowns to fup- tants, whether living within the Towns to which they belong, or in port their own any other Town in this State, who may need Relief, and any Town inhabitants. which fhall have pursuant to the Provifions of this A&t, incurred Expence in fupporting the Inhabitants of any other Town, fhall have Liberty in Addition to the Provifion already made, to bring any proper Action at common Law against the said Town for the recovery of fuch Expence.

448 575

Affize of bar

Four qualities of beef.

An Act for the Infpection of Provifions and other Articles of Commerce.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That rels for beef all Barrels used for the packing of Beef or Pork for Exportation, and pork. fhall be new, and made of good White Oak Staves and Heading, and fhall not be of lefs guage than twenty-eight, nor more than thirty Gallons each, and fhall be twenty-eight Inches in Length, with at least twelve Hoops on each Barrel: and there fhall be four qualities of Beef, viz. Mefs, Prime, Cargo, and Hock-the Mefs to be of the very best quality of Ox or Cow Beef, free from Hecks or Necks; the Prime Beef to confist of one Round, and not more than two Hocks and Half a Neck; the Cargo Beef, or third quality, to confift of three Hocks and Half a Neck; and Hock Beef, or fourth quality, to confift of Hocks and Necks. Each Barrel of Beef fo packed fhall contain two hundred neat Weight.

Quantity in each barrel.

Four qualities of pork.

2. And there fhall be four qualities of Pork known and distinguifhed by the Names of Mels, One Hog, Prime, and Cargo Pork -Mefs Pork to confift of Rib pieces only; One Hog Pork to be

Infpection of Provifions, &c.

243

but one Hog in a Barrel; Prime Pork to confift of three Shoulders and one Head and an Half, the Head fhall not weigh more than twenty four Pounds to cach Barrel; the Cargo Pork to confist of five Shoulders, and not more than thirty Pounds of Head to cach Barrel: And every Barrel of Pork fo packed fhall contain two Hundred neat Weight. All Half Barrels for packing Beef or Pork Quantity in fhall not be of lefs Gauge than fourteen and a half Gallons, nor half barrel. more than fifteen Gallons; fhall be new, made of like Timber, and trimmed with the fame Number of Hoops, as whole Barrels are, and shall contain one Hundred Pounds Weight of Beef or Pork.

each barrel &

3. That all Barrels and Half Barrels of Beef or Pork packed as Beef and pork aforefaid, fhall be well falted and pickled; and to every Barrel of to be well falBeef, there fhall be added four Ounces of Salt-Petre, and to ted and pick

Half Barrel two Ounces.

every led.

4. That all Barrels or Half Barrels containing Beef or Pork, Barrels to be fhall be branded on one of the Heads, with the initial Letter of branded. the Owners Chriftian Name, and his Sur-Name at full Length;

and the Figures 200, on all whole Barrels, and 100 on Half Bar

rels.

5. That each Barrel used for the packing of Fish, fhall be of the Affize of fishaffize of twenty eight Gallons; and that all barreled or falted barrels. Fifh for Exportation, except fuch as are Split, fhall be packed and put up Edgewife.

ashes.

6. That all Cafks for Pot or Pearl Ashes fhall be of the following Dimensions, viz. twenty-nine Inches in Length, and nine- of cafks for teen Inches in Diameter at cach Head, made of White-Oak pot and pearl Staves and Heading, found and tight, and trimmed with at least eighteen Hoops; and that the Tare of each Cafk fhall be at leaft fourteen per Cent. on the Weight of fuch Cafk and its Contents.

7. That there fhall be two qualities of Flour, diftinguished by

the Names of Superfine and Fine; and the Manufacturer of faid Two qualities Flour fhall on one of the Heads of each Cafk brand the initial of flour. Letter of his Chriftian Name and his Sur-name at full Length;

branded.

and he fhall alfo brand thereon thefe Words, SUPERFIND or Cafks to he FINE, according to the quality for which he fhall have packed it; which brand fhall remain, if on Infpection the Flour appears to be of the quality marked; but if it appears not to be of the quality marked, the Infpector fhall erafe the Mark, and brand on each. Cafk the real quality of the Flour.

made, &c.

8. That all Barrels containing Flour for Exportation, fhall be Flour barrels well made, and trimmed with at least ten Hoops-fhall be tared to be well on one Head, and fhall contain one Hundred aud ninety-fix contents branPounds of Flour, which shall be branded in Figures 196, on one ded. of the Heads.

9. That all Cafes for Butter or Hogs Lard, fhall be made of Cafks for butgood White Oak Timber, and be full trimmed, and fhall not con- ter and lard. tain more than fixty Pounds Weight; and the Tare of each Cafk,

fhall be marked on one of the Heads thereof.

10. That each Surveyor and Packer of Tobacco, fhall carefully Tobacco to be furvey and fearch the Tobacco by him to be packed, and fhall cull furveyed, &c.

244

Infpection of Provifions, &c.

out and feperate all fuch Hands of Tobacco as fhall be in any way damaged; and fhall not pack or prefs any Tobacco but such as fhall be found, well ripened, fufficiently cured, and every way good and merchantable.

11. And be it further enacted, That the civil Authority and SeCivil authori- lect-Men of the feveral Towns and Cities in this State, in which iy and Select- the feveral articles in this A&t enumerated, are put up, or from men to appoint which they are exported, are authorised and directed to appoint infpectors, furveyors, and fome meet Perfon or Perfons to be Infpectors, Surveyors, and packers.

their duty.

Provifo.

Penalty for exporting with out inspection, &c.

Provifo.

bacco not fur

veyed.

Packers, for the Purposes mentioned in this Act, who fhall be feverally fworn to a faithful discharge of their Duty, in the fame manner mutatis mutandis, as is by Law prescribed for Surveyors of High-ways, Leather Sealers, &c.-And each Surveyor or Packer fhall brand on the Head of every Barrel or Cafk by him packed as aforesaid, the initial Letter of his Chriftian Name, and his Surname at full Length, and the Name of the Town where the fame fhall be Inspected; and alfo the kind and quality of all Beef, Pork, Fish, Flour, Pot and Pearl Afhes, with the Weight and Tare of the Pot and Pearl Afhes marked on one of the Heads.

Provided nevertheless, That all Pot and Pearl Afhes and Flour fhall be Inspected only in the Towns from whence they are exported.

12. And be it further enacted, That whofoever fhall fhip for exportation to any Foreign Market, any Beef, Pork, Flour, Fish, Pot or Pearl Afhes, Butter or Lard, not duly infpected, packed and branded agreeably to the requirements of this Act, fhall forfeit and pay the Sum of Three Dollars and Thirty-four Cents, for every Cafk, Barrel, Keg, or Package, containing the fame so shipped for Exportation, to be recovered by Action, Bill, Plaint, or Information, the one Half to the Perfon who fhall profecute or fue for the farne, and the other Half to the Treasurer of this State. vided nevertheless, That any Perfon may and shall have Liberty to export Beef or Pork in Kegs or Tubs, provided the same shall be infpected and branded as aforefaid.

Pro

13. And if any Perfon or Perfons fhall fhip or export any To bacco contrary to this A&t. he or they fhall forfeit the fame, or the Forfeiture for Value thereof, the one Half to the Profecutor, and the other Half exporting to- to the Treasurer of this State; and the fame, if found within this State, may be fiezed by Warrant from any Affiftant or Juftice of the Peace, and fecured for Trial at the next County Court in the County where fuch Seizure fhall be made: which Court upon Information thereof made, may hear and determine the fame, and give Judgment for the Forfeiture and Sale of fuch Tobacco as fhall appear to be shipped contrary to this Act.

feizure and trial.

value to be

14. And in cafe no Seizure be made. the faid Court, on Information, fhall give Judgment for the Forfeiture of the Value of If no feizure, the Tobacco fo fhipped or exported, against him or them who fhipped, or took on board, or exported the fame, contrary to this Act, and award Execution thereon accordingly for the Ufes aforefaid.

forfeited.

Inspection of Provifions, &c.

claimant.

245

15. And if on the Trial of any fuch Cause, there fhall arife a Burden of Difpute about the furveying, culling, packing, and branding of proof on the fuch Tobacco; the burden of Proof shall lie on him who fhipped, owns, or claims the fame.

16. And be it further enacted, That all Infpectors and Packers fhall be entitled to receive for their Services the following Fee or

Reward, viz. for packing, pickling, flagging, heading, and brand- Fees for ining, each Barrel of Beef or Pork, Thirteen Cents, and for each Half fpectors, pac Barrel of the fame, Nine Cents; for inspecting, branding, and kers, &c. heading each Barrel or Cask of Pot or Pearl Ashes Seventeen Cents; for infpecting and branding every Cafk of Flour, Two Cents and Eight Mill's; for infpecting and branding every Keg of Butter or Hogs Lard Three Cents; every Packer of Tobacco, for fearching, packing, and preffing every Hundred Weight of Tobacco, Eight Cents and Three Milles; and Four Cents and Two Milles per Mile Travel to perform faid Service.

17. And every fuch Packer or Infpector fhall give to any Per- Infpectors and fon who fhall procure him to infpect or pack any of the Articles packers to give herein enumerated, a Certificate that the fame have been infpect- certificates. ed, packed and branded conformably to this Act, without any additional Fee or Reward.

18. And be it further enacted, That if any Perfon or Perfons, after the inspection, packing, and branding of any Cafk, Barrel, or other Veffel containing any of the Articles herein enumerated, Penalty for! fraudulently fhall fraudulently take out, fhift, or change any Part of the Con- fhifting any tents thereof, or fhall falfely brand any Calk, Barrel or other Vef- cask, &c. after fel with the Name of any Infpector or Packer, or fhall procure the infpecting, fame to be packed and branded as aforefaid, he or they fhall for- packing or branding. feit and pay the Sum of Seven Dollars, for every Cafk, Barrel, or other Veffel fo falfely branded, or of which any Part of the Contents have been fraudulently taken out, or changed, for all articles excepting Tobacco, and Thirty-four Dollars for each Offence in that Article, to be recovered by Action, Bill, Plaint or Information, the one Half to the Perfon who fhall profecute or fue for the same, ond the other Half to the Treasurer of this State.

19. And every Inspector, Surveyor, or Packer, who fhall give a falfe Certificate, fhall be fubject to the penalty of Seven Dollars, to be recovered in the manner and to the Ufes aforefaid, and fhall forfeit his Office.

For giving falfe certifi

cates.

Penalty on

20. And be it further enacted, That every Mafter of a Veffel, who shall receive on board for Exportation to a Foreign Port, any mafters of verBeef, Pork, Flour, Fish, Pot or Pearl Afhes, Butter or Lard, not fels who reduly branded agreeably to the requirements of this Act, fhall for- ceive on board feit and pay the Sum of Three Dollars and Thirty-four Cents for for exportatievery Cafk, Barrel, Keg or Package containing the fame fo fhip- on, any proviped for Exportation, to be recovered by any Perfon who fhall fue fions, &c. not therefor. And it fhall be the Duty of every Master of a Veffel duly branded, deftined to a Foreign Port, to specify in the Manifeft of his Cargo, to be produced to the Collector at the Time of Clearing, the Mafter to fperespective Brands affixed to each of faid Articles which he

may

cify brands &

make oath.

have on board; to the Truth of which he fhall folemnly fwear or affirm to the best of his Knowledge and Belief.

21. And be it further enacted, That the Dimenfions of the feveral forts of Timber for Exportation hereafter mentioned, fhall be as follows, viz. all White Oak Pipe Staves four Feet eight Inches Dimensions of long, and three Inches and an Half in width-White Oak Hogf

ftaves and

heading.

Of shingles & boards.

head Staves three and an Half Feet long, and three and an Half Inches in width; White Oak Barrel Staves two Feet and an Half long, and three and an Half Inches wide; White Oak Hogfhead Heading two and an Half Feet long, and fix Inches in width; and all free from Sap. All Black or Red Oak Hogfhead Staves fhall be three and an Half Feet long, and three and an Half Inches wide: All long Sugar Hogfhead Staves fhall be four Feet and feven Inches long, and three and an Half Inches wide; and all Staves and Heading fhall not be less than five Eighths of an Inch thick on the thineft Edge.

22. That all Cedar and Pine Shingles fhall not be less than one Foot and fix Inches long, four Inches wide, and five Eighths of an Inch in thickness at the But. And that no Pine Boards fhalk be deemed merchantable, unlefs the fame are one Inch thick and fquare edged.

23. And every Infpector of Lumber fhall be entitled to receive Fees for in the following Fees, viz. for infpecting every Thousand of Staves of fpeeing lum- Heading, Twenty-five Cents; for each Thoufand of Boards Thirteen Cents, and for each Thoufand of Shingles Four Cents and Two Milles: one Half to be paid by the Purchafer, and the other Half by the Seller.

ber.

24. And if any Perfon or Perfons fhall fhip or take on boaad aForfeiture for ny Veffel for Exportation, any Quantity or Parcel of the aforefhipping lum- mentioned kinds of Lumber, not of the Dimenfions and Defcripber, not of the tion aforefaid, contrary to this Act, the fame or the Value thereof proper dimen- fhall be forfeited by the Perfon or Perfons who fhall fhip or take the fame on board as aforefaid, one Half to the Profecutor, and ·

ons.

.

the other Half to the Treasury of this State; and the fame may be feized, proceeded with, and condemned, in the fame Manner as is herein before provided respecting Tobacco fhipped or exported contrary to this Act.

An Act for conftituting Judges and Juftices of the Peace, and for empowering and directing them in their refpective Offices.

B

E it enacted by the Governor and Council, and Houfe of PAR. 1. Reprefentatives, in General Court affembled, That the Judges to be appointed, Judges of the Superior Court, and the Judges of the County commiffioned Courts, and Courts of Probate which now are, or hereafter fhali be erected and conftituted, being first appointed by the General Affembly, fhall be refpectively fworn to a faithful Difcharge of their Office; and fhall also be commiffioned and authorized to

and fworn.