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in which they were so branded. (jR. S., sec. 7.)

Sec 9. All tierces, barrels and half barrels used for packing or
containing pickled fish, shall be made of sound, well seasoned
white oak, ash, red oak, spruce, pine or chestnut staves of rift
timber, with heading of either of said kinds of wood well planed,
sound and well seasoned, the heading, if of pine, to be free from
sap ; and shall be well hooped with at least three good and strong
hoops on each bilge and three hoops on each chime ; the barrel
staves shall be twenty-eight inches in length and the heads seven-
teen inches between the chimes ; the barrel shall contain not less
than twentv-nine nor more than thirty gallons, the half barrels not
less than fi^en gallons and the tierces not less than forty-five nor
more than forty-six gallons ; and each cask shall be made in a
workmanlike manner, to hold pickle, and shall be branded on the
side thereof near the bung, with the name of the maker or owner.
(JR- S., sec. 8.)

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S89 iNSPECTioar of fish. [title xiii*

Sec. 10, All boxes used for packing and containipg smoked
alewives or heirings, shall be made of good sound boards, sawed
and well seasoned, the sides, top aind bottom of not less than half
inch boards, and the ends of not less than three quarter inch boards,
securely nailed with wrought or cut nails, and shall be seventeen
inches in length, eleven inches in breadth and six inches in depth
in the clear inside. (IL &, sec. 9.)

Sec. 11. Every person having fish for packing or pickling
either in bulk, casks or boxes to the amount of twenty barrels or
forty boxes in one season, shall furnish the inspector or one of his
deputies with a branding iron containing the first letter of the
owner's christian name and the whole of his surname, and the
inspecting officer shaU cause such name to be fairly branded on
the head of every cask and on one end of every box of fish in*
sp^cted for such person ; if he shall refuse or neglect to furnish
such brand, he shall forfeit three dollars for such neglect or refusal
{R. S., sec. 10.)

Sec 12. Ail small fish which are usually packed whole with
dry salt, shall be put in good casks of the size and materials above
required for pickled fish, and shall be packed close, edgewise in
the cask and well salted ; the casks shall be filled full with the fish
and salt, putting in no more salt than is necessary for the pres^-
vation of the fish ; and the inspecting officer shall brand each cask
with the name of the fish and the quality thereof, whether first
sort or second sortj as in the case of smoked fish aforesaid. {R.
&j sec. 11.)

Sec. 13. The inspector shall make return to the governor an-
nually on or before the first Wednesday of June, of all the fish of
every kind, whether in casks or boxes which have been inspected
by him or bis deputies during the year preceding, and each deputy
shall seasonably furnish said inspector with a return of all the
tierces, barrels, half barrels and boxes by him inspected and brand*
ed since his last return. (JL /SL, sec. 12.)

Sec. 14. The fees for inspection of and branding each cask or
box of fish as provided by this chapter, shall be for each tierce
fourteen cents, for each barrel nine cents, for each half barrel five
cents, for each smaller cask or box three cents ; for nailing each
cask or box one cent, exclusive of the lab<^ of packing and coop-
ering ; and twenty-five cents for each certificate thereof given ;
and the general inspector shall have and receive firom his deputies
the sum of four cents for each and every tierce, and one cent for
each barrel or box, and one half cent for each half barrel or smaller
quantity so inspected and branded by any of his deputies. {Laws
if 1847, chap. 498, sec. 1.)

Se^. 15. These charges shall be paid by tlie owner or person
employing the inspecting officer, and nmy by such person be recov-
ered of the subsequent purchaser or exporter, in addition to the
purchase or cost of the fish. (£• &, sec. 14.)

Seci 16. No pickled fish or smoked alewives or herrings shall

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be shipped or exported by water from this State in casks or boxes,
unless the owner or master of the vessel shall produce to the col-
lector, or other officer authorized by the laws of the United States
to clear vessels out, a certificate from the inspector or some deputy
that such fish has been inspected, packed and branded according
to law, together with the number of tierces, barrels, half baireb
and boxes thus shipped, the kind and quality of the fish they con-
tain, the name of the vessel in which such fish are received for
exportation, and the owner or master thereof. (£• &, sec. 16.)

Sbc. 17. The master or owner on producing such certificate to
such officer, shall take and subscribe the following oath :

^ I, A. B., of , do swear, according to the best of my

knowledge and belief, that the certificate hereunto annexed con-
tains the whole quantity of pickled and branded fish, smoked ale-
wives and hexrings on board the , , master, and
that no fish is shipped on board said vessel for the ship's company,
or on freight or cargo, but what is inspected and branded accord-
ing to law. So help me God."

Sec 18. If any person shall put or receive on board any vessel
or other canriage of conveyance to transport the same from this
State, any pic£led or whole fish, or any smoked alewives or her-
rings packed in casks or boxes which are not inspected and brand-
ed according to law, he shall forfeit not less than two dollars nor
more than ten dollars for every hundred pounds of pickled or whc^e
fish, and one dollar for each box of smoked alewives, or herrings
so uninspected.

Sbc. 19. If any pickled or barreled fish, smoked alewives or
herrings as aforesaid, shall be put on board any vessel, boat or
carriage of conveyance, with intent to sell or export the same
contrary to law, any justice of the peace may issue his warrant to
the sheriff, his deputies or a constable, requiring such officer to
seize and secure said fish and carry them to the inspector or deputy
nearest to such vessel, boat or carriage, who shall open and inspect,
pack and brand the same as is provided in this chapter, and shall
detain the same until the expense and charges of seizure, inspec-
tion, packing and all other charges arising from such seizure shall
be paid.

Sbc. 20. K the inspector or any deputy shall brand any cask
or box, the contents of which he has not inspected, packed, salted,
coopered and nailed according to the provisions of this chapter, or
shall permit any other person to use his brands in violation or eva-
sion thereof, he shall forfeit twenty dollars for each cask or box so
branded, and shall also be removed from office.

Sec. 21. If any person shall intermix, take out or shift any
inspected fish packed and branded as aforesaid, or shall put in oth-
er fish for sale or exportation, he shall forfeit five dollars foi each
cask, package or box so altered ; but if any casualty shall render
it necessary to repack a cask or box of inspected fish, it shall in iJl
cases be done by an inspector.

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Sec. 22. If any person shall sell or export, or cause to be sold
or exported within or from this State, any tainted or damaged
pickled fish, or smoked alewives or herrings, he shall forfeit three
dollars for every hundred weight of such pickled fish, and one dol-
lar for each box of such smoked alewives or herrings which shall
be thus sold or exported.

Sec 23. All shelled clams or other shelled fish used for fish
bait, hereafter offered for sale, shall be put in barrels or half barrels
of the description required for pickled fish; and the casks shall be
filled full and salted sufficient to preserve the same ; if any person
shall offer for sale any shelled fish aforesaid not packed agreeably
to this section, he shall forfeit for each offence two dollars.

Sec. 24. AH kinds of pickled fish which are packed in tierces,
barrels or half barrels, and all smoked alewives or herrings packed
in boxes for consumption within this State, and which are not
subjected to be inspected and branded as provided in case of ex-
portation, shall however be packed with only one kind of fish in
each cask or box, and there shall be the same weight in each cask
as hereinbefore provided ; and for intermixing different kinds of
fish in the same cask or box, or for short weight in any cask, the
owner or seller shall forfeit the same sum hereinbefore provided for
the like offence, if such fish were inspected.

Sec. 25. Nothing in this chapter contained shall extend to fish
packed in kegs of less than ten gallons.



Chapter 104 of the Revised Statutes.


1. Pot aod pearl ashes not to be exported
before inspection.
How sorted and branded.
Inspector shall weigh and mark each

Fees of inspection.
Quality and size of casks.
Mannfactarer shall brand casks.
Penalty for branding falsely.
Penalty for neglect to inspect




9. Penalty for emptying or shifting casks.

Inspector may seise casks not brand

Casks not branded, how forfeited.

Inspector may require aid, and penal*
ty for refusal to aid or obstmcting

Penalty on master of yessel for hay-
ing casks on board not branded.

May export coastwise by'giying bond*





Section 1. No person shall ship any pot or pearl ashes for ex-

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portation, nnless the same shall have been duly inspected and
branded by some inspector.

Sec 3. The inspector shall start the pot or pearlash out of the
casks, and carefully examine, try and inspect the same, and sort
the same in three different sorts, if necessary, and shall put each
sort by itself in tight, new casks, well hooped and coopered, which
shall be branded in plain, legible letters with the words first sort^
or second sort or third sortj the words potash or pearlash^ as the
case may be, the first letter of his christian name and the whole of
his surname, the town where the same is inspected, and the abbre-
viation N. H. on each cask.

Sec. 3. The inspector at the time of starting pot or pearl ashes
for inspection, shall weigh each cask and mark the weight with a
marking iron on each head thereofl

Sec. 4. The inspector shall receive for starting, inspecting, sort-
ing, repacking, weighing, putting the casks in good order and de-
livering to the owner an invoice or weigh note under his hand of
the weight of each cask, six cents for every hundred weight so
inspected, to be paid by the purchaser. .

Sec. 5. Every cask in which pot or pearl ashes shall be packed
for exportation, shall be made of sound, well seasoned oak or white
ash staves and heading, full bound, twenty-nine inches in length,
nineteen inches in diameter in the bead and of such weight in pro-
portion to its contents as will amount as near as may be, to four-
teen per centum tare thereon.

Sec. 6. Every manufacturer of pot and pearl ashes within this
State shall brand each cask containing the same, with the first
letter of his christian name and the whole of his surname, and the
name of the town where manufactured, before it shall be removed
from the manufactory ; if any person shall remove any cask before
being branded as aforesaid, he shall forfeit one dollar for each cask
so removed.

Sec. 7. If any person shall brand any cask of pot or pearl
ashes manufactured by himself, with the name of any other per-
son, or shall brand any such cask manufactured by another person
with his own name, or shall counterfeit any brand belonging to or
proper to be used by any inspector, or shall impress or brand any
cask of pot or pearl ashes with any brand of any inspector or wim
any counterfeit brand, he shall forfeit for each offence one bundled

Sec. 8. If any inspector on application made for the examina-
tion of any pot or pearl ashes, shall unreasonably refuse, neglect
or delay to make such examination and inspection for the space of
three hours after any such application, he shall forfeit for each
offence twenty dollars to any person who will sue therefor.

Sec. 9. If any person shall empty any cask of pot or peazi.
ashes inspected and branded as required by this chapter, and shall
put iu any other pot or pearl ashes for sale or exportation without

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fimt cutting oat the said biand mmkB, he Bhall forfeit for eadi
offence one hundred dollars.

Sbc. 10. Any inspector may enter any vessel lying in the har-
bor where snch inspector is authorized to inspect pot or peul a&bes,
and there search, and may seize, carry away and secure fiir trial
eTery cask of pot or peari ashes not inspected or branded as in this
chapter is proyided, which shall be forfeited.

Ssc. 11. All casks seized as aforesaid, may be prosecuted to
condemnation by the officer seizing the same, by libel in the court
of common pleas in the county in which the same was seized, and
after condemnation the same shall be sold at public vendue by the
sheriff or his deputy, and after the payment of all charges one half
of the residue of the proceeds of such sale shall be paid by him
into the treasury of the county, and the other half to the inspector
seizing the same.

8eg. 12. Any inspector may require necessary aid for aeaiohing
for and seizing any casks aforesaid, and every person refusing or
neglecting to give such aid when requested, shall forfeit five do&is
for such refus^ or neglect If any person shall obstruct or hinder
any inspector in making search or seizure as aforesaid, he shall
forfeit for each offence three hundred dollars.

Sbc. 13. If the master of any vessel shall receive on board any
cask of pot or pearl ashes not bmnded as required by this chapter,
he shall forfeit fifteen dollars for each cask so received.

Sbc. 14. Any citizen of this State may export by water pot or
pearl ashes to any port within the United States without inspec-
tion, by giyin^ bond in a reasonable sum with suffident sure^ to
some inspector, conditioned that the same shall be landed in some
port within the United States, and not shipped for any foreign
market until duly inspected. Such person within six months fiom
the date of said bond, shall produce to said inspector a certificate
fiK)m the proper officer in some one of the United States that said
pot or pearl ashes exported as aforesaid, have been duly inspected.

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CHAP. 109.]





Chapter 106 of the Revised Statutes.


1. Swrejon and eallen, bow choien.

2. Duties of aarreyon of lamber.

3. « M coUen of hoops and sUtob.

4. Standard thickness of |dank.

5. Measarement of ship timber.

6. Shingles, how inspected and sorted.

7. ** how branded.

8. Cl^)boards, how inspected and sorted.


9. Staves, hoops, Ae^ how inspected.

10. Fees for inspection.

11. Penalty for exporting lamber not in*

IS. Penalty for exporting shingles not

IS. Penalty for ftand of snrreyor.
14. Penalty for neglect of snrTeyor.

Section 1. One or more surveyors of lumber and cullers of
hoops and staves shall be chosen by the inhabitants of each town
at their annual meeting, who shall be skilled in such business, and
shall hold their offices one year and until others are chosen in their

Sbc. 2. The surveyor of lumber shall survey all plank, boards,
span, slitwork, shingles, clapboards and timber previous to the sale
thereof, and shall measure the same if necessary, having due con-
sideration for drying and shrinking, making reasonable allowance
for rots, knots and splits ; he shall mark the same anew to the just
contents thereof, if requested by the seller or purchaser, and give
a certificate of the quantity and sorts, if required, on payment

Sbc 3. The cullers of hoops and staves shall view and cull
all hoops, staves and headiuj? previous to the exportation thereof,
and shall give a certificate of the quantity on payment therefor.

Sbc 4. The standard of the thickness of merchantable plank
shall be two inches, and when any plank of a different thickness
shall be purchased, it shall be admeasured and calculated by that

Sbc. 5. All round ship timber shall be measured according to
the following rule, viz : a stick of timber sixteen inches in diame-
ter and twelve inches in length shall constitute one cubic foot, and
in the same ratio for any other size and quantity: forty feet shall
constitate one ton.

Sbo. 6. All shingles offered for sale in this State shall be straight,
four inches wide, free from shakes and worm holes ; shall be split
or sawed in a longitudinal direction crosswise the grain, and Bhall
be desiCTated and known according to their quality as No. 1, No.
2, No. § or refuse.

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Shaved shingles No. 1 shall be eighteen inches long, seven six-
teenths of an inch thick at the batt end ; shall be firee from knots
and sap and shall be breasted.

No. 2 shall be at least seventeen inches long, three eighths of an
inch thick at the butt end and clear of knots and sap.

No. 3 shall be at least fifteen inches long, three eighths of an
inch thick at the butt.

Sawed shingles No. 1 shall be clear of knots, shakes and sap.

No. 2 shall be free from shakes and sap, and clear of knots eight
inches from the butt end.

No. 3 shall be free from shakes and unsound knots.

Refuse shall consist of such shingles as will not pass inspection
for either of the above classes, unless in the opinion of the survey-
or they shall be so inferior as to be worth less than half the price
of No. 1, in which case they shall be branded O.

Sec. 7. No shingles shall pass inspection, unless so packed as
to contain by admeasurement one quarter of a thousand in each
round bunch, and either one thousand or one half of one quarter
of a thousand in each square bunch. Each bunch or bundle shall
be branded upon the butt No. 1 ; No. 2 ; No. 3 ; Refuse or O ac-
cording to the quality, and also with the abbreviation N. H. ; which
brand last mentioned shall be furnished by the town.

Sec. 8. All shaved pine clapboards shall be made of good

^ sound timber, clear of sap, and all shaved clapboards shall be free

from shakes and worm holes, straight, well shaved and of the fol-

' lowing dimensions, viz : full five eighths of an inch thick on the

"back, five inches wide and four feet six inches long.

All sawed clapboards shall be of the following descriptions, and
shall be known as clear^ sap-clear, or merchantable. Clear clap-
boards shall be sawed from good timber and shall not be less than
four feet two inches in length, five inches in width and half an
inch thick on the back, and shall be free from knots, worm holes,
shakes and rots. Pine clapboards shall also be free from sap.
Sap-clear clapboards shall be of the same dimensions and quality
as the clear clapboards, but need not be free from sap. Merchant-
able clapboards shall be of the same length, from four to five inches
wide, and shall be free from rots, shakes, worm holes and broken
or loose knots. Two pieces of either of the above descriptions,
neither of which shall be less than thirty inches long, or three pieces
neither of which shall be less than two feet long, shall be allowed
and counted as one clapboard ; but there shall be at least ninety
whole clapboards in every hundred.

Sec. 9. All white oak butt staves shall be at least five feet in
lengthf five inches wide, and one inch and a quarter thick on the
heart or thinnest edge and every part thereof.

All white oak pipe staves shall be at least four feet eight inches
long, four inches broad in the narrowest part and not less than one
inch thick on the heart or thinnest edge.

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All white oak hogshead staves shall be at least forty*two inches
long, and not less than three quarters of an inch thick on the heart
or thinnest edge.

All white oak barrel staves for foreign market shall be thirty-two
inches long, and for home use shall be thirty inches long, and all
shall be haJf an inch thick on the heart or thinnest edge.

All white oak hogshead and barrel staves shall be at least, one
with another, foar inches in breadth, and none less than three
inches in breadth in the narrowest part, and those of the last
breadth shall be dear of sap.

All red oak hogshead and barrel staves shall be of the same length,
width and thickness with the white oak hogshead and barrel staves

All staves shall be well and proportionably split

All shooks shall be forty inches long and not less than two and
a half inches wide at the ends, and full half an inch thick when

All white oak hogshead heading shall be one inch thick, thirty
inches long and not more than five pieces to one head

All hogshead hoops shall be made of white oak, brown ash <Mr
walnut, of good and sufficient substance, well shaved, and either
ten, twelve or fourteen feet in length ; the oak and ash hoops shall
not be less than one inch broad, and the walnut hoops not less than
three quarters of an inch broad at the least ; all hoops of ten,
twelve and fourteen feet respectively, shall be made up in distinct
bundles by themselves containing twenty-five hoops each, and each
bundle intended £or exportation shall be branded on the band
thereof with the brand of the town whence exported

All hoops and staves shall hereafter be counted and sold by the
decimal hundred.

Sec. 10. Surveyors and callers shall receive tiie following fees :
for 8urve3ring shingles and clapboards, four cents pet thousand, to
be paid by the buyer ; for viewing and culling barrel staves, twen*
ty-eight eents per thousand ; for hogshead staves, thirty-four cents
per thousand ; for pipe staves, forty cents [ler thousand ; for butt
staves, forty-five cents per thousand ; for shooks, one third of a
cent each ; for hoops, fifty cents per thousand *, and for heading,
thirty-three cents per thousand ; the refuse to be <sounted in eSi
cases as well as the merchantable; the fees for such survey to be
paid by the owner, and the fees paid for the survey of the mer-
chantable, to be by him recovered of the buyer; for surveying
boards, timber and other lumber eight cents per thousand feet for
viewing only, and eight cents per thousand feet additional for
measuring and marking, and in the same proportion in all cases
for a less quantity.

8bc. 11. If any person shall export or ship for exportation
from this State any boards, staves, hoops, shooks, heading or clap-
boards not surveyed, culled, inspected and branded acoording to
the provisions of this chapter^ such person for each offence shall

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forfeit one quarter part of the valae of aU articles bo shipped or

Seo. 12. If any person shall exExurt or ship for exporiationy
any shingles bianded O, or not branaed aoearding to law, he shall
forfeit the same or the valne theteoi

Sbo. 13. If any sorveyor or culler shall be guilty of any firaud
or deoeit in the surveying or cullinff of any boards, staves, hoops,
shooks, heading, shingles, dapboaids or timber, or shall connive
at or allow of any breach of this ohapter, he sball forfeit for each
offence thirty doUais.

Sbc. IjL If any surveyor or culler shall unreasonably refuse or
neglect to attend to his duties upon tender of the fees theiefor, he
shdl forfeit for each offence three dollars.




Chapter 107 of the Revised Statutes.


1. Prtwd I1S7, k>w branded,
t. Ftastef If no* branded.
S. LoaUier staapad bj makov effed.
4. Fteiahy for utamping fhrndalantly.


5. Wood, how neasorad.

S. Maasarsn, their duties and ftea.

7. PBBaltj for IVmttd or neglect.

Sbction 1. All pressed bay offered for sale in this State or
shipped for exportation, shall be branded in some eonspicuous place
on each crate or bundle, with the fiist letter of the christian name
or names and the whole of the surname oi the person packing or

Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 26 of 80)