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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

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CAP. XLIII.

An ACT to regulate the inspection of dry and pickled Fish for home consumption and for exportation.

Passed 17th March, 1835.

Tierces, barrels and half barrels to be made, and to contain as herein specified.

 

 

 

 

 
I.   BE it enacted by the Lieutenant Governor, Council, and Assembly, That from and after the passing off this Act, all tierces, barrels and half barrels, in which pickled fish are packed for sale, either for exportation or home consumption, shall be made of sound, well seasoned timber, free from sap, and constructed of staves of the thickness of not less than half an inch in the thinnest part if made of hard wood, and five eighths of an inch if made of soft wood, with heading well seasoned and planed or shaved and free from sap, and to be in all cases of split or rift wood; the casks to be fully bound or closely hooped for nine inches from the chimbs on the barrels, and in the same proportion on tierces and half barrels, the barrel staves to be twenty eight inches in length, and the heads to be seventeen inches between the chimbs, and to contain not less than twenty eight nor over twenty nine gallons; the half barrels to contain not less than fourteen gallons; and the tierces to contain not less than forty two nor more than forty four gallons.

Inspectors of fish to be appointed, give security, be sworn, and continue in office until others are appointed and sworn.

 

 

 

 

Copy of Act to be produced by Inspector when required.

Penalty for acting as Inspector before appointed and sworn.

 
II.   And be it further enacted, That it shall and may be lawful for the Justices of the Peace in each County, at their first General Sessions annually, or the Mayor, Aldermen and Commonalty of the City of Saint John for the said City and County, to appoint fit and proper persons to be Inspectors of fish in each County, Town and place where such may be necessary; and such persons before they enter upon the duties of their office, shall respectively give bonds with two sufficient sureties to His Majesty, His Heirs and Successors, in such sum not less than fifty pounds nor over one hundred pounds as the said Justices in the several Counties in this Province, and the said Mayor, Aldermen and Commonalty of the City of Saint John, may direct; which Inspecors shall be sworn to the faithful discharge of their duty; and such persons shall continue in such office until other fit and proper persons are appointed and sworn in their stead; and each Inspector shall and is hereby required to furnish himself with a copy of this Act, which he shall, when required, produce to any person or persons who shall employ him to inspect fish under this Act; and any person acting as an Inspector of fish without being first duly appointed and qualified as aforesaid, shall forfeit and pay a sum not less than ten pounds nor more than fifty pounds, to be recovered as is hereinafter provided.

Inspector to see that salmon, &c. are well struck with salt, &c. and preserved sweet.

Mode of packing and branding.

 

 

 

 

 

 

 

 

 

 

 
III.   And be it further enacted, That it shall be the duty of the said several Inspectors to see that salmon, mackerel, shad, alewives, herrings, and all other kinds of pickled fish to be packed for home consumption or exportation have been well struck with salt and pickle, and preserved sweet, free from rust, taint, or damage; and such fish as are in good order and of a good quality shall be packed in good and sufficient tierces, barrels or half barrels; the tierces shall contain not less than three hundred pounds, the barrels not less than two hundred pounds, and the half barrels not less than one hundred pounds of fish each, and the same shall be packed with good and clean salt, suitable for the purpose; and the said casks after being closely packed full and headed up with the fish and sufficient salt, not less than in the proportion of one peck and a half of coarse salt to the barrel, or fine salt in proportion to preserve the same, shall be filled with clean strong pickle, and shall be branded on the head "Salmon,"  "Mackerel,"  "Shad,"  "Alewives,"  "Herrings," or as the case may be; those of the best quality, most approved and free from damage, shall be branded "No. 1;"  those of a second quality, after the best have been selected, being sweet and free from taint, rust or damage, shall be branded "No. 2;"  and there shall be a third quality of salmon and mackerel, which shall consist of the poorest and thinnest of those fish, that are sweet, wholesome and free from rust, that shall be branded "No. 3:"   Provided always, that no small herrings, commonly called sprats or frys, shall be deemed merchantable; and the said Inspectors shall brand in plain and legible letters on the bilge of each and every such cask, across the staves, the initials of his christian name and his surname at length with the letters "INSP." for Inspector, and on the head of each and every such cask, and in like manner, the same marks, and also the month and year in which they were inspected, and "N.B." for New Brunswick; the brands on the heads to occupy three lines thus, or as the case may be:
 
 
A. B. Insp.
N. B. Sept. 1835.
Mackerel No. 1.
Intermixing inspected fish.

 
Penalty.

Selling or exporting damaged fish.

Penalty.

 

 
Each cask shall be filled with fish of one and the same kind and quality, and if any person shall intermix, take out or shift any inspected fish which have been packed and branded as aforesaid, or put in other fish contrary to the true intent and meaning of this Act, he or they shall forfeit and pay the sum of ten pounds for each and every tierce, barrel or half barrel so altered; and if any person shall sell or export or cause to be sold or exported within or from this Province, as good or merchantable, any tainted or damaged fish, he shall forfeit and pay a sum not less than five shillings nor more than twenty shillings for every hundred pounds weight of such fish thus sold or exported:   Provided always, that it shall and may be lawful to export herrings without pickle, if the same are in every other respect conformable to this Act.

Imported fish inspected at Halifax, Nova Scotia, may be sold in or exported from this Province without any other inspection.

 

 
IV.   And be it further enacted, That all pickled fish that may hereafter be imported into this Province, which shall appear to have been inspected at Halifax, Nova Scotia, and are branded according to the laws of that Province, may be sold in this Province or exported therefrom without any other inspection, unless the purchaser or purchasers of such fish shall think proper to have the same again inspected, in which case it shall and may be lawful for the buyer, and the seller, if he shall think fit, to call an Inspector on behalf of each to reinspect such fish; and on such reinspection, such Inspectors shall be governed by the provisions of this Act; which Inspectors shall be paid by the persons who shall respectively employ them.

Putting or receiving on board a vessel for transportation uninspected fish.

Penalty.

 
V.   And be it further enacted, That if the master of any vessel, or any other person or persons shall put or receive on board any vessel, or other carriage or conveyance, to transport the same from this Province, any pickled fish packed in casks which are not inspected and branded in manner by this Act prescribed, he or they on conviction shall forfeit and pay a sum not exceeding twenty shillings nor less than five shillings for each hundred pounds of such uninspected fish.

Inspectors' fees.

 

 

 

Extra fees for traveling.

 

 
VI.   And be it further enacted, That the said Inspectors shall respectively be paid for inspecting, culling, and branding each and every cask of fish as directed by this Act, at and after the following rates, viz.:  for each barel, when the quantity inspected for any individual at any one time does not exceed one hundred barrels, the sum of sixpence per barrel, and when the quantity inspected for any individual at any one time shall exceed one hundred barrels, fivepence per barrel, and for tierces and half-barrels in the like proportion; the said charge for inspecting, culling and branding to be paid by the person or persons who shall employ such Inspector; and where any such Inspector shall be required to travel any distance exceeding two miles from his usual place of residence for the purpose of inspecting any fish, he shall be entitled to receive, in addition to the charge for inspection, sixpence per mile for every mile he shall so travel, exceeding the said two miles; the same to be paid by the person employing such Inspector.

Branding defective casks, &c. or allowing any person to use the brands in evasion of this Act.

Penalty.

 
Penalty on Inspector for not doing his duty.

 
VII.   And be it further enacted, That if any Inspector shall brand any insufficient or defective cask, or any cask the contents of which he has not inspected and culled acording to the true intent and meaning of this Act, or if he shall permit any other person or persons to use his brand or brands in violation or evasion thereof, such Inspector and the person or persons so offending shall each severally forfeit and pay for every cask so branded, not less than five shillings nor more than twenty shillings, and such Inspector shall further be liable to be removed from office; and if any Inspector when called upon to perform the duties of his office shall neglect or refuse so to do, without good and sufficient reason, he shall forfeit and pay for each and every offence the sum of ten shillings, and further be liable to be removed from office.

Inspectors may employ assistants when not furnished by persons employing them.

 
Rate of charge.

 
VIII.   And be it further enacted, That in all cases where the person or persons employing any Inspector, shall neglect or refuse to furnish such assistance as may be necessary to enable the said Inspector to weigh and pack at least twenty barrels of fish per day, it shall and may be lawful for the said Inspector to employ such persons as he may require to weigh and pack such fish, for which he shall be entitled to receive from the person or persons who shall employ him, over and above the charge for inspection, the sum of fivepence per barrel for any quantity under one hundred barrels, and where the quantity shall exceed one hundred barrels, four pence per barrel.

Justices to issue warrants for seizing fish about to be sold or exported contrary to this Act.

 

 
Fish seized to be inspected and detained until expenses are paid.

 

Owner liable to a penalty.

Aid to be given to officer executing warrant.

 
IX.   And be it further enacted, That if any pickled fish as aforesaid shall be put on board any boat, vessel or carriage of conveyance, with intent to sell or export the same contrary to the provisions of this Act, it shall be lawful for any such Justice of the Peace in the same County or City and County, upon information given him, to issue his warrant to the sheriff or his deputy, or to any constable of the Town or Parish in which such boat, vessel or carriage of conveyance may be, requiring them respectively to detain such boat, vessel or carriage of conveyance, as long as may be necessary, and to seize and secure said fish, and carry the same to one of the nearest Inspectors and such Inspector is hereby required to open and inspect, and to cull, pack, and brand the same as is before provided by this Act, and to detain the same until the expense and charges of seizure, inspection, packing and all other charges arising from such seizure shall be paid; and further the owner or person claiming such fish shall be liable to and forfeit the sum of five shillings for every cask of fish so seized; and it shall be the duty of every person, when required, to give his necesary aid to the officer having such warrant as aforesaid, on pain of forfeiting twenty shillings for his refusal.

Offering fish for sale before being inspected.

Penalty.
Prosecution to be commenced within 30 days.

 
X.   And be it further enacted, That if any person or persons shall sell or offer for sale any pickled fish before being inspected or contrary to the provisions of this Act, he or they shall upon conviction forfeit and pay for every hundred pounds of fish so sold or offered for sale, the sum of five shillings:   Provided always, that no person shall be liable as aforesaid unless information is given, and a prosecution commenced within thirty days from the date of the offence.

Mode or recovering penalties.

 

 

 

 

Application.

 
XI.   And be it further enacted, That all penalties and forfeitures imposed and arising, by virtue of this Act, when the same shall not exceed the sum of five pounds, shall be recovered before any Justice of the Peace, or where the same shall be more than five pounds and shall not exceed fifteen pounds, before any two of His Majesty's Justices of the Peace, together with the costs of prosecution, on the oath of one or more credible witness or witnesses, and to be levied by warrant of distress under the hand and seal of such Justice or Justices, and sale of the offender's goods and chattels, and for want of sufficient distress, such offender shall suffer not less than five days nor more than twenty days imprisonment; and in case such fine shall exceed fifteen pounds, the same may be recovered in any of His Majesty's Courts of Record in this Province, by action of debt, together with costs of suit; one half of all such penalties and forfeitures to be paid to the person or persons who shall sue for the same, and the other half to be paid to the overseers of the poor of the Town or Parish where such offence shall be committed, for the benefit of the poor of such Town or Parish.

Act not to extend to fishermen bringing fish to market in bulk.

 
XII.   Provided always and be it further enacted, That nothing in this Act shall be construed so as to prevent any pickled fish from being sold at any of the ports of this Province by the fishermen as they may bring them to market in bulk, and that nothing in this Act shall extend to fish packed in kegs or other packages of less than ten gallons.

If an inspection be unsatisfactory other Inspectors may be called.

 

 

Cost of reinspection.

 

 

 
XIII.   And be it further enacted, That if the owner of any pickled fish inspected as aforesaid, or buyer or seller of any such fish, shall be dissatisfied with any such inspection, it shall and may be lawful for the said owner to call two other Inspectors, or the said buyer and seller to call one other Inspector each to re-inspect such fish, and in case the said two Inspectors cannot agree, then they shall be at liberty to call in a third Inspector, and the determination of the said inspectors, or any two of them, shall be final and conclusive; and in case the first inspection shall be confirmed, each of the said Inspectors shall be paid by the persons who shall respectively employ them; and in case the first Inspection shall not be confirmed, the owner or purchaser of said fish shall be enttitled to recover the expense of re-inspection, from the person of whom he purchased them, or from the first Inspector thereof, at the option of the said owner or purchaser.

If fish prove to be inferior to quality branded Inspector to be liable for damages.

 

 

Recovery.

 

 

Inspector not to be liable unless notified of claim within six months.

 
XIV.   And be it further enacted, That if any Inspector shall brand or mark any fish which shall remain in this Province, and which on examination within four months after such inspection, reckoning from the last day of the month branded on the cask, shall prove to be of a quality inferior to the brand on such fish, such Inspector shall be liable to the person or persons who shall own the said fish at the time of such examination, for all such damage as he or they may have sustained by reason of the said fish proving inferior to the brand on such casks; and that such person or persons shall recover from such Inspector all such damage as he or they shall have sustained thereby, where the same does not exceed five pounds, before one of His Majesty's Justices of the Peace, or if the same shall exceed the sum of five pounds and be less than fifteen pounds, then before two of His Majesty's Justices of the Peace, and in all cases where the damage shall exceed the sum of fifteen pounds, by action of debt in any Court of Record in this Province, together with costs of suit:   Provided always, that no Inspector shall be liable as aforesaid, unless he shall be duly notified of such claim, within six months after he shall have inspected such fish, reckoning from the last day of the month branded on the cask.

Dry codfish to be of three qualities.

Best quality to be called Merchantable.

Second, Madeira.

Third, West India.

Inspectors' fee.

 
XV.   And be it further enacted, That there shall be three qualities of dry codfish, viz:  the first or best to be called "Merchantable," and to consist of smooth, well split, thoroughly dried, free from break, salt-burn, and not discolored in curing or otherwise, and that no fish shall be deemed merchantable, but such as are cured in catch;  the second quality to be called "Madeira," and to consist of the next best, being such as are not injured by being salt-burnt, broken or much discolored;  and the third quality to be called "West India," and consist of such as may be inferior to the above, but in all respects sound, free from slime, and wholesome; and that Inspectors duly appointed under this Act shall be allowed for their care, diligence and trouble, two pence per quintal, payable half by the seller and half by the buyer.

Limitation.

 
XVI.   And be it further enacted, That this Act shall continue and be in force until the first day of April which will be in the year of our Lord one thousand eight hundred and forty.

________________

C. 43. Anno V. Wm. IV.   A. D. 1835.


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