ROBERT M. McLA.NE, ESQUIRE, GOVERNOR.

351

penalty of ten thousand dollars for the faithful dis-

charge of his duties, which bond shall be liable for

any failure or fraud in the discharge of the same,

whose duty it shall be to visit, at least once a day, if

Duty.

possible, and as much oftener as in their judgment

may be necessary and as the duties of their office will

permit, every factory or place where cove oysters are

being packed in this state, and to examine the goods

there packed, or being packed, and if the examiner

shall have good reason to believe the cans there

packed do not contain the weight as stamped thereon,

in case of

as directed by the first section of this act, he shall

doubt.

select six cans, indifferently from the said lot he so

suspects, and cut them, and after properly draining

the liquor or water from the same, as hereinbefore

provided, shall weigh the contents, and if the weight

of the contents of said six cans shall be found to be

less than the weight stamped thereon, the lot of goods

from which the said six cans were selected shall be by

him condemned as fraudulently packed in violation

Condemn the
goods.

of the provisions of this act, and the same shall be for-

feited and destroyed by the said examiner; provided,

however, that if the packer or owner of any such

goods demands the same, the examiner shall cut the

Proviso.

same in presence of a committee of not less than five

persons, to be appointed by the Canned Goods Ex-

change aforesaid; and provided further, if the owner

of said goods shall desire to appeal from the decision

of said examiner condemning said goods as fraud-

ulently packed, he shall at once notify said examiner

of said intention to appeal, and shall within five days

thereafter file in the circuit court of the county in which

Right to appeal

said examiner may have condemned said goods, or in

the Baltimore city court, if condemned in said city, a

petition setting forth the action of said examiner, and

that the petitioner has appealed to the court from such

decision, and the court shall thereupon docket a cause

between the said petitioner and said examiner, and pro-

cess shall issue as in ordinary suits at law, and said

examiner shall appear and answer the said petition,

and either party shall be entitled to a trial by jury, to

determine whether said goods have been fraudulently

packed in violation of the provisions of this act, and

until said matter is determined, the said examiner

shall retain in his custody said goods, and shall not

destroy the same; and if the decision is in favor of