[377] HISTORY OF THE MACKEREL FISHERY. 467 



dollars for each box so exported ; nor shall any alewives or herrings be 

 taken from any box so inspected and branded and others of an inferior 

 quality be put in their place, with intent to deceive or defraud any per- 

 son in the sale of the same, under a penalty of five dollars for each box 



so changed. 



Penalty for illegal branding. 



13. Be it further enacted, That if the inspector shall brand any cask, 

 the contents of which he has not inspected, packed, salted, and coop- 

 ered, or any boxes of smoked alewives or herrings which he has not in- 

 spected, packed, and nailed, according to the true intent and meaning 

 of this act, or if he shall permit other persons to use his brands in viola- 

 tion or evasion thereof, he or they so offending, shall forfeit and pay, 

 for every cask and box so branded, the sum of twenty dollars. 



Branding-irons. Fish for home consumption, etc. 



14. Be it further enacted, That all persons within this State who shall 

 have fish for packing and pickling, either in bulk or in casks, to the 

 amount of twenty barrels in one season, shall furnish the inspector 

 with a branding-iron, containing the first letter of the owner's Chris- 

 tian name and his surname at large, and the inspector shall cause the 

 names of such owners to be fairly branded on the head of every cask 

 of their inspected fish ; and if any such owner of fish shall refuse or 

 neglect to furnish such brand he shall forfeit and pay for such neglect and 

 refusal not less than five dollars nor more than twenty dollars; and all 

 kinds of pickled fish which are packed in tierces, barrels, or half barrels 

 for consumption within this State, and which are not subject to be in- 

 spected and branded as provided for exportation, shall, however, be 

 packed with only one kind of fish in each cask, and there shall be the 

 same weight in each cask as is provided by the fonrth section of this 

 act; and for intermixing different kinds of fish in the same cask, or for 

 short weight in any cask, the owners or venders shall be subjected to 

 the same penalties and forfeitures as are provided by this act for the 

 like offense in the inspected pickled fish. 



Disposition of penalties. 



15. Be it further enacted. That all penalties and forfeitures arising by 

 force and virtue of this act, except the penalties of five dollars men- 

 tioned in the ninth and tenth sections of this act, shall be recovered by 

 aetion of debt in any court proper to try the same ; one moiety thereof 

 for the use of the town or plantation wherein the offense shall be com- 

 mitted, and the other moiety to him or them who shall sue for the 



same. 



Payment of fees. 



16. Be it further enacted, That the charges for certificates, inspecting, 

 and branding shall be paid by the exporter or purchaser, in addition to 



