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Records of the Governor and Company of the Massachusetts Bay in New England

Source: Nathaniel B. Shurtleff, editor, Records of the Governor and Company of the Massachusetts Bay in New England, Volume 4, Part 1, 1650-1660 (Boston: The Press of William White, 1854).

[page 39]

1651.
7 May.
 
[*36.]
Laws for packing of goods & gageing casks.
*For preventing the deceipt of any person in the packing of fish, beife, and porke, to be putt to sajle in this and other jurisdictions, itt is therefore ordered by this Courte and the authoitje thereof, that in euery towne wthin this jurisdiccon where any such goods are packt vp for sale, the gager of that toune, or of the toune wherein it is putt to sale, or shipt, shall see that it be well and orderly perfourmed; that is to say, beife and porke, the whole halfe or quarter together, and so proportionably, that the best be not left out; and for fish, that they be packt all of one kinde, and that all caske so packt be full,
[page 40]  
1651.
7 May.
and sound, and well seasoned, setting his seale on all caskes so packt, for which he shall receive of the owners, for so packing and sealing, fower shillings p tunne; but if the gager doe only vejw them, and find them good and sufficjent, he shall sett his seale vppon them, and have one shilling p tunne for so doing; and if such goods so packt shall be putt to sale packt vp in caske without the gagers marke, he shall forfeite the sajd goods so put to sale, the one halfe to the informer, the other halfe to the countrje treasury. And whereas notwthstanding the former lawe provided, tit Caske and Coopers, page the sixth, much damage is still sustajned by marchants and men of trade through the insufficjencje and vndue assize of caske, itt is therefore further ordered by the authoritje of this Courte, that wheresoeuer any new caske are found putt to sale,
Coops. being defective either in workmanship, timber, or assize, as in that lawe is provided, vppon due proofe made before any one magistrate, the sajd caske shallbe forfeited to the informer, and the workeman for his default shall pay tenn shillings a tunn forthwith, to the use of the countrje, and so proportionable for all greater or lesser caske; and becawse there maybe no neglect in the chojce of a gager to prevent the abuses exprest in this or any other lawe, itt is further ordered by the authorjtje aforesajd, that euery towne within this jurisdiccon wherein any caske are made shall yeerely make chojce of one fitt man for that worke and implojment, who, being presented by the counstable within one weeke after the chojce made, before any one magistrate, shall there take the oath belonging to his place, which if he shall refuse, he shall pay the some of forty shillings, and another to be chosen in his roome; as also the toune or counstable shall either of them suffer the like pœnaltje for the neglect of this order, any other lawe, custome, or order to the contrary notwithstanding.
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[page 105]

[98.]
1652.
19 October.
 
To prevent abuse in packing beife, porke, &c. Vppon information of soundry abuses which may arise, and thereby reproach redound to the countrje, by packeing vp beife, porke, and other things in caske that is not full gage, although the packer doe carefully fill the same, as the lawe provides, it is therefore ordered by this Court, that henceforth euery packer shall see that all caske he packs any beife, porke, mackerill, fish, or any other goods in, comitted to his care, be of true and full assize and gage, and that he packes the same in no other caske whatsoeuer, on pœnaltje of tenn shillings for euery caske by him packed that is or shallbe defective in that respect, one halfe to the informer, and the other halfe to the countrje. This order to be the next day published, and posted vp in Boston and Charles Toune, and, by the first opportunitje, in Salem and Ipswich.
  The oath for packers of beife, &c.
Packers oath. Whereas you, A B, are chosen a packer of beife, porke, and other things for the toune of B:, yow doe heere sweare, by the living God, that yow will well and truely packe all beife, porke, and other things, when yow shallbe thereunto required; yow shall packe no kinde of goods but such as are good and sound, nor any goods in any caske that is not of a just and full gage; yow shall also sett your particular marke vppon all caske packed by yow; and in all things propper to the place of a packer yow shall faithfully discharge the same, from tjme to tjme, according to your best judgment & consjence. So helpe yow God.
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