2o8 REPORT OF COMMISSIONER OF FISH AND FISHERIES. [148] 



fisli wheu desired by packers. Fisli-iuBpection laws are in force iu Xew 

 Jersey, Virginia, North CaroIiDa, and Michigan, and also in the city of 

 Chiciigo and some other large cities, but they do not concern the mack- 

 erel trade, except that the sale of damaged fish is generally forbidden. 



We give iu the appendix to this report, first, the existing laws of 

 Maine, New Hampshire, Massachusetts, Khode Island, and Connecti- 

 cut; second, some of the repealed laws of Maine, Massachusetts, Con- 

 necticut, and Pennsylvania; and, third, the laws now in force in the 

 Dominion of Canada, as also the old law of the Province of Nova Scotia. 



In early colonial days it became necessary to enact laws for the proper 

 regulation of the trade in fish, and to prevent deceit in packing them. 

 Accordingly, as early as 1051 we find that the general court of elections 

 held at Boston ordered that in every town within its jurisdiction oflBcers 

 should be appointed whose duty it was to see that the barrels of fish be 

 properly packed, containing only one kind of fish, and those well cured. 

 Each town vras to make choice of a proper person as inspector, and 

 within one week after the choice he was to be presented before a mag- 

 istrate by the constable and take the requisite oath for the performance 

 of his duty. Eefusal to take the oath incurred a penalty of forty shil- 

 lings, and another choice was made. The oath was a strong one, and 

 required the officer to swenr by the living God that he would well and 

 truly pack all beef, pork, and other things when, required ; that he 

 would pack none but good and sound goods ; that he would set his 

 mark upon every cask thus packed ; and that he would discharge his 

 duties according to his best judgment and conscience. The size of 

 (;asks and barrels in which fish, beef, pork, &c., were packed were reg- 

 ulated by law, and according to an act passed by the general court of 

 the Province of Massachusetts in 1692 these casks must be of London 

 assize ; i)un(;heous, 84 gallons ; hogsheads, 63 gallons ; tierces, 42 gal- 

 lons ; barrels, 31^ gallons ; and must be made of sound, well-seasoned 

 timber, and free from sap. 



If any person should illegally shift any fish that had been i:)roperly 

 l^acked and branded, he must pay double damages to persons wronged 

 thereby, and must be set in the pillory not exceeding one hour. Equally 

 severe i)enalties were imposed ui>ou violators of other sections of the 

 inspection laws. If the master of a vessel receive provisions aboard of 

 his vessel not properly branded, he must forfeit double the value of all 

 such provisions, and the owner of the provisions must forfeit the same. 



From time to time during the history of the States various inspection 

 laws have been passed, but since there is so much sameness to them it 

 seems unnecessary to reproduce them all. 



In some of the States the appointment of inspectors has been left to 

 the towns, while in other States they have been appointed directly by 

 the governor. Some States have passed no general laws covering the 

 inspection of fish, but all such regulations have been left to the cities 

 and towns. But throughout New England, the center of the fishing 



