The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-06-05
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are well filed with such lime and TO brand earl,
cask, when filed, on one head thereof, WI d,
the name If the town where said line was bus,is
and the drst letter Of the christian name, -
the surname at length Of the Inspector " De-.
ty Inspector who inspected the same, with M.
word inspected; and il any such inspector
deputy Inspector, shall so brand any lime cas-
the conteats OF which lie has not inspected
shalt brand any such cask as aforesaid, WHICH WIZ
The contents " herein, do not in all respeci
conform 70 the tree intent aud meaning oftl.,
act, or shall permit any other person or person
to use has brands in violation, or evasion Thereof
every such inspec or or deputy inspector Sd
Offending shall forfeit aud pay the sun Of one
dollar and nifty cents for every cask thus illegsi
ly branded ny him with his brands: aud sha H
also be liable to pay alt damages which sr~
person may have sustained by son OF sucst
nsgiect of misdoings. 70 be recovered BY sue
person oy an action OF the case IN any Couv
proper to try the same; which action, III TIE
damages be sustained, be By reason Of the neg
iect % misdoings Of any deputy. may be brongha
either against such deputy, or against the 10
spector who shall have appointed him.
SECT. 3. Re AZ further enacted, That each IT,
spector Or deputy inspector, appointed by virtue
OF TINS act, shall be paid by the manufacturer o.
owner OF said lime, three and an half cents e.
ing 70 the provisions Of this act and each of tho
inspectors, appointed by the Governor and Conn
Gil, as aforesaid shah be entitled 70 receive froal
any deputy by him appointed, one bali cen. fo-
every cask Of lime said deputy shall inspect and
brand as aforesaid
SECT. 2. BE IT, further enacted, That II any per.
con shall sell, expose for sale or ship or receive
on hoard Of any vessel, ia casks, any lime, other
than such az shall be contained in casks made ~
aforesaid /; and having the aforesaid marks or
ofands OF an Inspector or deputy Inspector, as re-
qnired by this act respectively, the offender o.
offenders shall incur the penalty of one dollar
ana h!ty cents for each cask of lime so illegally
sold, or offered for sale, or shipped or received on
board Of any vessel.
Scot. 5. BE H further enacted, That If after
any cask or casks containing lime, snail havo
been branded as required by this act, any person
snaii presume TO shift the contents Of all cask or
casks, and put therein any other lime, with a
oesISh 10 sell the same, such person so offending,
shall forfeit and pay the sum OF one dollar aud
fifty cents for every cask oflime 50 shifted.
SECT. 9. BE IL further esacsed That all pen
alties and forfeitures incurred BY virtue Of this
act, shall be recovered by action Of debt, by ami
Tor the use ofany person or persons who shall sue
therefor, and IN any Court Competent 20 try the
same.
SECT. 10. Be dftrthsr enacted. That when any
judgment shall be recovered against any such in
spector or deputy Inspector for ds IMAGES or pen-
ales, or ferfeituges. account Of any neglect or
mlsdoings in his said Office, and the execution
which shall have Issued thereon. shall be return
ed unsatisfied. and the said Judgment still re-
naaining in full force, the judgment creditor snail
De entitled TO certified copy Of such inspector ar
deputy inspectors bond, and shall have right
TO commence and prosecute to final Judgment
y n far Iow g.
name OF the legal obligee in suck bond. the writ
, being first endorsed by the party for whose ben
eht The suit is brought, or bis agent or attorney.
which endcrser shall be answeFahle for all costs
and Judgment. when for the defendant, shall aC-
cordmgiy he rendered against the party fcr
whose benefit such action was hTousht.
SECT. IL. Be "a further enacted, That when
Judgment Is rendered on any hond as afore aid
execution shall be awarded For the sum found
due 10 the party for whose benefit said action
was brought, aud being part of the penalty for
ieitsd. and any execution which shalt issue on
said judgment shall express therein the name Of
the party for the use and benefit or whom the
same was awarded and if the execution shall
oe levied on any personal 81 real estate of he
debtor, such levy shall inpre 20 such party for his
sole use aud benefit, to every intent and purpose
SECT. II. BE al further endcitG, That this
act shall have effect and be in force, from and ar
Ter the first day Of June next when ali laws now
IN force relating to the subject Of this act shall
De repealed and cease to have effect: Prorsdei.
= hat any Inspector or deputy Inspector TO be APP
pointed ~ virtue Of this act, may be appointed
I ana cualiAed IN pursuance Of the same, at any
time from and after the passage thereof Ana
that nothing in this act contained shall I'M auv
manner AFFECT any contract or agreement Which
may have been, or shall be entered into. prior 10
the fifteenth day Of March current. BY wiring
under seal, Tor the sale and delivery VI lime in
casks containing fifty galiops each, al any place
out OF this state, Subsequent 10 the said first day
Of June I; aud II shall be lawful for ans person
40 pursuance Of such contract or agreement. ~
snip. aud FIR the master Of any vessel 10 receive
on board lime contained 10 casks Of fifty gallons.
alter the said first day OF Jane, the sane having
been tTst inspected aud branded according %
the laws IN force 10 this state. the lime Of en-
terins into such contract or agreement; snd any
inspector or deputy inspector, VINO shall bo ap-
pointed by virtue of this act, Is hereby anthori
Zee and empowered 10 Inspect and brand the
same according to the laws nos ~ force.
March IS, 182l-ApProyed
WlLLIAM KING.