[357] HISTORY OF THE MACKEREL FISHERY. 447 



whole fish, packed or not packed, not inspected and branded as afore- 

 said, except such as is described in the exception of section thirteen, he 

 shall forfeit at the rate of not less than five nor more than ten dollars 

 for every hundred pounds thereof; and any justice of the peace may 

 issue his warrant to the proper of&cer, directing him to seize and secure 

 any such prohibited fish, and convey it to any inspector within a con- 

 venient distance for inspection ; and every person refusing to give ne- 

 cessary aid in the service of such warrant, when required by the officer,^ 

 shall forfeit five dollars to the person suing therefor in an action of debt ; 

 and such inspector shall open, inspect, pack, and brand such fish accord- 

 ing to law and detain the same till all lawful charges of seizure and in- 

 spection are paid. 



Penalty for illegally branding or mixing. Ibid., section 16. 



If any person takes from a cask any pickled, cured, lawfullj^ inspected 

 and branded, and substitutes therefor or fraudulently intermixes other 

 fish ; or any inspector marks any cask out of his town, or which he ha& 

 not inspected, packed, and prepared himself according to law ; permit* 

 other persons unlawfully to use his brands ; or willfully and fraudulently 

 uses the same himself after the expiration of his commission, he shall 

 forfeit twenty dollars for each cask or box so dealt with. 



Recovery of penalties. Ibid., section 17. 



All the penalties aforesaid, not otherwise herein appropriated, may be 

 recovered in an action of debt, half to the use of the person suing there- 

 for, and half to the town where the offense is committed. 



Branding of smoked herring. Laws of 1871, passed February 24. 



Be it enacted, &c. 



Hereafter no inspection of smoked herring shall be required in this 

 State, but all smoked herring put up in boxes or casks for sale in this 

 State shall be branded on the cask or box inclosing them with the first 

 letter of the Christian and the whole of the surname of the person put- 

 ting up the same, and with the name of the State and the place where 

 such person lives, and all such fish offered for sale or shipping not thus 

 branded shall be forfeited, one-half to the use of the town where the 

 offense is committed, and the other half to the person libeling the same; 

 and all laws and parts of laws inconsistent herewith are hereby repealed. 



NEW HAMPSHIRE. 



(General laws of New Hampshu'e, 1878.) 



Appointment and qualification of inspectors and deputy inspectors. Cliap. 



124, Section 1-4. 



Inspectors of flour, beef, and pork, of potash and pearlash, of butter 

 and lard, of hops, and of fish, shall be appointed by the governor, with 



