[417] IIISTORY OF THE MACKEREL FISHERY. 



Counterfeiting brands, or shifting fish improperly, punishable by fine and 



imprisonment. 



10. Any person counterfeiting or using - the brand of an inspector of 

 smoked herrings, or being accessory thereto, or shifting any smoked 

 herrings which shall have been packed and branded, or putting in other 

 fish, contrary to or in evasion of these provisions, shall be punished by 

 fine or imprisonment, at the discretion of the court before whom he may 

 be convicted. 



Fine for intermixing or improperly exporting pickled fish. 



20. If any person shall take out, shift, or intermix any inspected 

 pickled fish which have been duly packed or branded, or shall cause to 

 be exported, in tierces, barrels, and half barrels, pickled fish not duly 

 inspected and branded, or any such cask not duly inspected and branded 

 he shall forfeit five shillings for every such cask. 



Forfeiture upon masters of vessels for receiving on board uninspected 



smoked herrings. 



21. If any master or commander shall receive on board his vessel any 

 smoked herrings which have not been duly inspected and branded, for 

 the purpose of conveying the same out of the township wherein they 

 were cured, he shall forfeit the value thereof; but no such forfeiture 

 shall exceed fifty pounds for any one offence. 



Actions for misconduct of deputies ; liability of inspector in such cases, and 



his redress. 



22. All actions for the recovery of penalties or damages on account of 

 the misconduct or neglect of any deputy inspector may be prosecuted 

 either against such deputy or the chief inspector under whom he acts, 

 who shall have his remedy against the deputy, either upon the bond 

 given by him or by action on the case for damages; and in every such 

 action the judgment recovered against the chief inspector shall be evi- 

 dence of damages against such deputy or his sureties, if the deputy 

 shall have had due notice of the action brought against the chief in- 

 spector. 



Inspected casks may be reinspected ; deficiencies, how supplied. 



23. When any cask of pickled fish branded by a deputy inspector 

 shall prove unequal in quantity or quality to that which may be indi- 

 cated by the brand on the cask, or deficient in any of the requisites 

 hereby prescribed, the chief inspector may cause the same to be rein- 

 spected ; and if it appear that the defect arose from the condition of 

 the fish or the bad quality of the cask, or the bad packing or pickling 

 of the fish at the time of the inspection, he may recover the costs and 

 charges of such reinspection from the deputy who branded the same. 



