Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-04-03
PUBLIC LAWS OF THE STATE OF MAINE 1yv..

libel. and shall issue notice of the same to
an persons interested to appear at the time
ana pace appointed, and show cause why the
HOLSTERS, cars, traps, barrels, boxes or other
packages 30 seized and sold and the proceeds
/ OF such sale. should not be declared forfeited,
wnfch notice shall be served upon the owner
II known, and by causing an 1ttested copy OF
such libel and notice to be postsd In two public
ana conspicuous places In the town In which
FORE the time OF hearing. II any person an
pears at the time and place of hearing and
Claims that the Holsters, cars, traps, barrels,
oox y or other PACKAGES so seized and sold were
not liable to forfeiture at the time Of seizure
and that he was entitled thereto the trial ius,
s,ce Or lndge shall hear and determine the
cause, anu II he shall decide that such Holsters
cars traps, barrels, boxes other packages, at
the time OF seizure were not liable TO forfeiture
snu tnas the claimant was entitled thereto no
snait cfuer the proceeds of such sale to be maid
TO the claimant; IL no claimant shcll appoar
or II such trial Justice or judge shah decide
Inst sueh Holsters traps, cars, barrels, boxes or
otner PACKAGES, at the time OF seizure were
liable 70 forfeiture, or that the claimant Was
not entitled thereto, he shall decree forfeit.
thereto, he shall decree forfeiture of such
Holsters, cars, traps, barrels boxes or other
packages and OF the proceeds of sale. and shall
order the proceeds Of sale, after teducting al
lawful charges, to be paid to the state treasur-
err, co be used as directed in section seventy
one OF this act. and shall render Judgment
against the claimant for costs to be taxed as in
civil SUITS and issue execution therefor
against him in favor OF the state which costa
when collected, shall be paid in to the treasur-
er Of tho state, to be added to and made q part
OF the Appropriation for sea and shore fisher.
les. The claimant shall have the right OF an
peal 70 the next supreme judicial court or
and paying the fees for copies and entry as in
cases of appeal In criminal cases. The fees
ana costs OF seizure, appraisal and sale, and In
all other proceedings in the case, shall be as
provided by law In criminal cases. and, in case
forfeiture shall be declared shall be maid ont
OF the proceeds Of tho SALE otherwise shall be
a a I'M it,f,a nj
Section 10. The commissioner Of sea and
shore fisheries shall require strict Observance
preserves, sells, or offers for sale between the
tirst day Of December and the tenth day OF the
Following May, any herring for canning pur-
P poses ,ess snam eight inches long, measured
sardines OF any description, between the first
DAY OF December and the tenth day of the fol
lowing May, forfeits twenty dollars for every
hundred cans packed or canned and for
every hundred herring taken; and whoever
| ether Dakes, tries, packs or cans any herring
or other hsh for sardines without first heading
and eyiscerating the same, and whoever Sells
oners for sale or has in his possession for sale
any sardines packed without being so headed
ana eylscerated shall forfeit twenty dollars for
every hundred cans so packed, sold, offered for
sale or in possession for sale, to be recovered
py Indictment or action of debt. In packing
ncfring, mackerel or other fish in Theoretically
sealed ms. either in oil, mustard or vinegar,
there shall be used not less than three quarts
2, on, o. inc nrst quality, pure sumaner or win
~
ior every hundred cans packed of the size
known as quarter oils; three quarts of mustard
sauce o. good quality for every fifty cans of the
size known as three quarter mustards; and for
every one hundred cans of the size known as
one quarter mustards, one gallon of vinegar
for every one hundred cans Of the size known
as one quarter spiced; and for every fifty cans
OF the size known as three-quarter spiced or
tomato froprietors of FISH packing factories
shall provide sealed measures holding one
hnndrcdth part of three quarts each, which
shall be used in measuring all oil into quarter
gu sardine cans, aud measures holding one
bftteth part ~ gallon which shall be used in
measuring all mustard sauce and vinegar into
three-quar Ter size used in packing sardines
| and al hsh packed as aforesaid shah be when
50 packed good and sound, except that they
shall be cleaned, headed and eyiscerated
| whoever packs or cans or causes to be packed
or canned any fish in violation OF this section
shall forfeit twenty dollars for every one hun
dred cans. or hfty cans rs aforesaid. as the case
| may be, so packed by him or by his employees
| 70 be recovered by complaint.
| Section 81. All cans shall be decorate
| stamped or labelled with quality, packer.
| name and place of business. or mercllantl
name Tor whom the same are packed, all leaks
| nended and filled with oil or vinegar, as pc
kind OF sardines, and then batted In boilin,
water Tor not less than twenty minutes, or II
| forty degrees, not less than i've minutes
whocyer selis Or offers for sale, any sardine
dollar for every can 90 sold or offered for sale
20 o, be reecoyared by compliant. indictment or
section 49,, No can Of sardines shan be packed
with less than six fish and no fish shall be
packed as sardines unless they have been
headed and eviscerated within twenty -four
hours from thetime they arrived at the factory
No fish shall be baked for sardines in ovens
unless they shall first be properly faxed In row
and laid ON without overlapping. Whoeyel
fakes, bakes or packs any sardines in violation
| of this section forfeits five dollars for ever
/ hundred fish so faxed baked or packed, to b.
| recovered by Indictment or action of debt.
| Section SO. Section thirty-two of this act shall
IN In tf4ln faf in
| ion OF any packer of sardines when this act il
approved, as follows: decorated tin plate, cans
| metal, labels and cans of sardines, nor to good
packed previous to the approval Of this act
But this exemption does not apply to any of the
methods, processes or regulations in regard Il
canning sardines or mending ieaky cans pro
Yided for in this act. All packers of sardfnes
shall file with the commissioner OF sea and
shore fisheries, or his wardens, within ten days
| after the approval of this act. a true list OF
schedule of all decorated cans and tin plate
meta, labels nd cans of sardnes, in his possess
ion at the time of the approval of this act
subscribed and sworn to by said packer of sar-
dimes before notary or justice Of the peace, OF
otherwise he shall not obtain the benefits
this section.
shore fisheries shall insist upon the strict en-
forcement of sections thirty. thrty-one, thirty
two and rhirty-three and require his wardens
who have jurisdiction in localities whero sar-
dine canning factories are located. to give a
good and sufficient bond in the sum of i've
thousand dollars payable TO the treasurer OF the
state treasury, to guarantee the faithful and
strict enforcement of the provisions of this act
and its penalties, and in no case shall packer
of sardiues be accepted as a surety.
Section IS. The Commissioner OF sea and
shore fisheries or his wardens shah inquire into
violations of the laws relating to sardines and
enforce the penalties thereto. and for the pur-
pose of inquirng into any violation Of said laws,
and enforcing the penalties thereof, such COM
missioner or his deputies may at all reasonable
times enter any mandatory, or canning estab-
iishInent and make Investigations concerning
the methods employed and the condition Of the
product, and If necessary, open packages and
cut open cans of sardines for such investiga-
ton. Sufficient wardens shall be appointed by
the commissioner OF sea and shore fisheries to
enforce the provisions of this act, and for the
city of Eastport and town of Lubec not less
than two each. and the compensation of the
wardens shall be two dollars per day and ex-
penses when actually employed. No person
Shall be eligible for appointments as warden who
is the owner In a,sardine factory or relative of
such an owner in the town where such factory
Is located.
section Sc. No person shall use in the her
ring fishery in any of the waters of this state,
torches or any artificial light. of any kind, for
the purpose of driving herring under penalty
of ten dollars for each offense.
Section 81. Any town may at its annual
Al. to-. LII ,T. H.