[399] HISTORY OF THE MACKEREL FISHERY. 489 



quality or grade of any article inspected by one of them and re-inspected 

 by another, such diflerence shall be definately determined by reference 

 to such board of arbitration or other authority as the governor in coun- 

 cil may appoint for that purpose. 



Fees for re-examination, how to be fixed. 



12. The council of the board of trade, or chamber of commerce, if there 

 be one, for each of the said cities or places where inspectors are ap- 

 pointed, and, if not (or in case such council fails to make such tariff, the 

 governor in council) shall, from time to time, make a tariff of the fees 

 and charges to be allowed for such re-examination and all services ard 

 matters connected therewith, and may also establish rules and regula- 

 tions for the government of the persons re-examining any article on ap- 

 peal from the decision of the inspector or deputy insjiector ; and all 

 such fees shall be payable before the delivery of the bill of inspection, 

 or the re-delivery by the inspector of the articles inspected, on which 

 he shall have a special lien for such fees. 



Penalty in case of neglect or refusal of inspector to act. 



13. If any inspector or deputy inspector refuses or neglects on appli- 

 cation to him, made personally or by writing, left at his dwelling-house, 

 store, ofiice, or ware-house, on any lawful day, between sunrise and sun- 

 set, by any owner or possessor of any article which such inspector or dep- 

 uty inspector is appointed to inspect (such inspector or deputy inspector 

 not being at the time of such application employed inspecting else- 

 where) forthwith, or within two hours thereafter, to i)roceed to such in- 

 spection, he shall, for every such neglect or refusal, forfeit and pay to the 

 person so applying, twenty dollars over and above all the damage oc- 

 casioned by such refusal or neglect to the party complaining, recover- 

 able in a summary way before any one justice of the peace, on the oath 

 of one credible witness other than such complainant. 



As to fraudulent alteration or imitation or use of ttc, of inspector's 



marks, (&g. 



14. Any person who, with a fraudulent intention, alters, effaces, or 

 obliterates wholly or partially, or causes to be altered, effaced, or oblit- 

 erated any inspector's brands or marks on any article Laving under- 

 gone inspection, or on any package containing any such article, or coun- 

 terfeits any such brand or mark, or brands, impresses, or otherwise 

 marks thereon any mark purporting to be the mark of any inspector or 

 of the manufacturer or i)acker of such article, either with the proper 

 marking instruments of such inspector, manufacturer or packer, or with 

 counterfeit imitations thereof, or empties, or partially empties, any such 

 package marked, after inspection, in order to put into the same any 

 other article (of the same or any other kind), not contained therein at 



