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act of the general assembly of this province, entitled (see title of this
act.) So help me God.” inspectors' 6. Sec. VII. The packers and inspectors so to be appointed, shall and packers' fees
receive for their trouble from the seller or owner of any beef, pork, pitch, tar, or turpentine, the sum of sixpence for every barrel of beef or pork, and the sum of two pence for every barrel of pitch, tar, or
turpentine, which they shall view, inspect, mark, or brand as aforeMust brand said. And the said packers and inspectors are hereby severally diwith their ini rected to have and make use of a separate brand, with the initial tlals, under penalty of 10
letters of the name of such packer and inspector, and in case of reshillings. fusal or neglect to do and perform any of the duties by this act re
quired to be done and performed by such packer and inspector, he or they so refusing or neglecting, after he or they shall have accepted such office, shall for every such offence forfeit the sum of ten shil
lings. For marking 7. Sec. VIII. If any packer or inspector shall mark or brand any improperly to forfeit 40 shil-beef, pork, pitch, tar, or turpentine, not weighing or containing the lings
weights or measures directed by this act, such packer or inspector shall, for every barrel so marked or branded, forfeit the sum of forty shillings sterling, to be recovered and applied as hereinafter directed.
And whereas many frauds are committed in the sale of firewood, Firewood,
8. Sec. IX. Be it enacted, &c. That from and after the first day curd. of February aforesaid, every cord of firewood which shall be sold in
this province, shall measure eight feet in length, four feet in height, and four feet in breadth, and in case any person or persons whatever, having any firewood sold and delivered them by the cord, as aforesaid, shall suspect a deficiency therein, every such person or persons shall and may apply to any of the packers and inspectors to be ap
pointed as aforesaid, to cord and measure the same; and in case any Personne selle deficiency shall appear, the person or persons selling the same shall, a curd, forfeit for every cord that shall be so deficient, forfeit the sum of ten shil10 sbidings lings; and the packer and inspector measuring the same, shall be paid
the sum of sixpence for every cord so measured by the seller thereof, in case of deficiency, and in case no deficiency shall appear, then to
be paid the sum of sixpence by the person or persons applying. Fincs, how
9. Sec. X. All the fines and forfeitures by this act inficted, shall and applied. be recovered, upon proof of the offence, before any justice of the
peace for the parish where the same shall be committed, by warrant under the hand and seal of such justice, directed to any constable of
the said parish, and be to the informer. Continuation 10. Sec. XI. This act shall continue and be in force for and during of the act.
the term of three years, and from thence to the end of the next session of the general assembly, and no longer.*
size of the
An Act jor amending the foregoing.--Passed December 24, 1768. Vol.
Whereas the act of the general assembly passed the sixth day of March, in the year of our Lord 1766, entitled, [see title of last act,] is found to be deficient in respect of the regulations therein directed, as to the packing and inspecting beef and pork, for remedy whereof,
11. Sec. I. Be it enacted, That from and after the first day of May pork, how to next ensuing, every barrel in which beef or pork shall be packed and
exposed for sale in this province, shall contain and gauge thirty-two gallons, and be made of seasoned timber, as directed by the said re.
Barrels for beef nndi
be made, and their capaci
See Revival Aci-Laws, sec. 1.
tion of meat
cited act, and shall have on each barrel not less than twelve sound and sufficient hoops. 12. Sec. II. From and after the said first day of May, every What weight
and descripbarrel of beef, or pork, packed and sold in the province, shall contain 220 pounds weight, of wholesome well cured meat in the same, in each barafter being salted at least ten days, and carefully packed with a sufficient quantity of dry salt, and well pickled, and not more than one shank, half the neck, and no head, in each barrel of beef, and not more than two heads in each barrel of pork.
13. Sec. III. The brands to be used by the several packers and Must be inspectors, according to the directions of the said act, shall have the name of the parish where the beef or pork is inspected under the inspector, that of the province, and also the names of the inspectors at full parislı at full length; and such inspectors and packers are hereby directed to length, furnish themselves with such brands, and to brand the several barrels of beef and pork by them inspected, on the head, according to the directions of, and under the penalty in the said act mentioned and inflicted.
14. Sec. IV. The before-recited act and this act, shall continue Conuinuation and be in force for and during the term of three years, and from of this act. thence to the end of the then next session of the general assembly, and no longer, any thing contained in the said recited act to the contrary notwithstanding. *
branded with the name of
An Act to regulate the inspection of Tobacco.- Passed February 14,
1786. Vol. I. 544.
And whereas it is highly improper that the same person should be inspector and vender of tobacco :
15. Sec. XIV. Be it enacted, &c. That no person to be appointed Inspectors inspector of tobacco by virtue of this act shall be allowed to sell tobacco, but tobacco as aforesaid, unless the same shall be of the growth and suab manufacture of his own plantation or plantations, and then he shall themselves, produce a certificate signed by two or more of the inspectors to be appointed as aforesaid of its being so ; and any person who shall on pain of dis? sell in violation hereof, on conviction before the superior court of the 50 pounds connty in which he shall reside, shail be discharged from acting as fine. inspector, and the said court shall proceed to appoint another in his stead, and the persons so offending shall be liable to a fine not exceeding the sum of fifty pounds, which shall be sued for and recovered in How recoverany court of record in this state, and paid into the public treasury ed. and applithereof; and the person or persons making information against such offender, shall be entitled to one halt the amount of said fine.
(All the rest of this act repealed or re-enacted by the following act of 1791.]
An Act for regulating the inspection of Tobacco. Passed December
23, 1791. Vol. I. 545.
Whereas it has been found by experience that the several laws now in force for regulating the inspection of tobacco throughont
* See Revival Act-Laws, see. 1
nister all caths to mas
this state, are unequal to the purpose for which they were in
tended : No tobacco to 16. Sec. I. Be it enacted, &c. That from and immediately after be fou perted the passing of this act, no person shall put on board or receive into spection at
any ship, brigantine, schooner, sloop, bylander, boat, or other vessel, Llished ware-in order to be exported therein, any tobacco which shall not have
been packed in hogsheads or casks, upon any pretence whatever, before the same shall have been viewed and inspected according to the directions of this act; that all tobacco whatever to be received or taken on board any ship, brigantine, schooner, sloop, bylander, or other vessel, and to be therein exported, or to be carried and put on board any other ship, brigantine, schooner, sloop, bylander, or other vessel for exportation as aforesaid, shall be received or taken on board at the several warehouses for that purpose hereinafter men
tioned, or some or one of them, and at no other place or places whatThe collec soever : And any master, mate, or boatswain of any ship or other toms to admi- vessel, which shall arrive in this state in order to load with tobacco
during the continuance of this act, shall, before the said ship or vessel ters, &e. la- be permitted to take on board any tobacco whatever, make oath beding tobacco
fore the collector of the customs of the port where such ship or vessel shall arrive, which oath the said collector is hereby empowered and required to administer, that they will not permit any tobacco whatsoever to be taken on board their respective ships or other vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally thereunto appointed, which oath they shall subscribe in a book to be kept for that purpose by the said collector.
And if any master shall cause any person who is not really and bona ing improper fide mate or boatswain, to come on shore and take such oath, he shall
for said offence forfeit and pay five hundred pounds; and it any comto forfeit 50v mander or master of any ship or vessel shall take on board, or suffer And for put. to be taken on board the ship or vessel whereof he is master, any ting on board tobacco brought from any other place than such public place herein ar in this mentioned, or any hogshead or cask of tobacco not stamped by such
lawful inspector, or shall suffer to be brought on board any tobacco Logshead. except in hogsheads or casks stamped as aforesaid, every such com
mander or master, shall forfeit and pay twenty pounds for each bogshead, one moiety thereof to the use of the informer, and the other moiety to the use of the state, to be recovered by bill, plaint, or information before any court of record.
17. Sec. II. Every master of a ship or vessel wherein tobacco with tobaccı, shall be laden, shall at the time of clearing out deliver to the collector miresistere a fair manifest of all the tobacco on board his ship or vessel, expressper to the col-ing the marks and numbers of every hogshead, and the tare and net sent to the weight stamped thereon, the person by whom shipped, and from what
warehouse, and shall make oath thereto, that the same is a just and true account of the marks, numbers, tare, and net weight of each respective hogshead, as the same was taken down by the person or persons appointed by him to take the same, before the said tobacco was stowed away ; and no ship or vessel shall be cleared by the collector before he shall have received such list or manifest, which shall by the said collector be transmitted to the treasurer of this state for the time being.
Sec. III. [The first part of this section is local, and the rest re
pealed by sec. 47.] Scales and 18. Sec. IV. There shall be kept at the several warehouses Weights tube
Masters of vessels caus
pers ons to take this oath,
act, 20 pounds for each
herein appointed, and all others hereafter to be appointed,* a good provided by and sufficient pair of scales with weights sufficient to weigh 1500 torso wars weight at least, and a set of small weights, the same that are or ought to be provided for the standard weights of each county, and that the proprietors of such warehouses provide the same.
19. Sec. V. All tobacco brought to any of the public warehouses, Judges of the shall be viewed, inspected, and examined by two persons thereunto in curto appointed, who shall be called inspectors, which said inspectors shall spectors. be appointed in the following manner, that is to say : The judges of the inferior courts in the several counties in which inspectors are appointedt (except as hereinafter is excepted) shall at their county courts to be held between the first day of May and the first day of September in each year, nominate and appoint three fit and proper persoas for inspectors at each of their several warehouses within their respective counties, who shall be commissioned by the governor, the two first in the nomination shall be considered as the acting inspectors for the ensuing year, and in case of sickness, death, or inability of either of the two first inspectors, the third shall act, and also Third inspecon the disagreement of the said inspectors, the third shall be called cerwia cases. in to decide on such hogshead or hogsheads of tobacco, and the said judges shall have power on complaint in writing being lodged in the office of the clerk of the inferior court, and being duly notified thereof by such clerk, such justices or any three of them, shall within three days after such notice to them given, summon the inspector before them, first ordering a copy of the complaint to be served on him or them, and within five days thereafter, such justice shall consider such Inf.court may complaint, and may continue or dismiss from office him or them, as spectors. the court shall judge just ; and such courts shall fill up all vacancies that may happen at any of their said courts to continue to the end of the then inspection : Provided always, and be it enacted, That the On death or third inspector on the death or removal of any inspector in the same inspector, the nomination shall be considered as inspector, and shall act accordingly : thirslinspec: And provided nevertheless, That where the inferior courts shall fail to nominate persons for inspectors, the governor is hereby empowered to make such appointments, [exception as to Augusta repealed-see sec. 39.] and that every person so appointed inspector by virtue Shall give of this act, shall before he enters on the execution of his office, give curity in 500 bond with security in the penalty of five hundred pounds payable to pounds. the governor for the time being, and his successors in office; conditioned for the true and faithful performance of his duty according to the directions of this act, and liable to be put in suit upon any neglect of duty, which bond shall be given or entered into before the inferior court, or any judge thereof, and lodged in the clerk's office of the county.
20. Sec. VI. All inspectors to be appointed by virtue of this act Inspectors, shall constantly attend their duty at the warehouse or warehouses tend at the under their charge, from the first day of October till the first day of August yearly, (except Sundays,) and the holy-days observed at Christmas, Easter, and Whitsuntide, or when hindered by sickness; and afterwards they, or one of them, shall constantly attend at the same, except Sundays, to deliver tobacco for exportation until all the tobacco remaining there the said first day of August be delivered, and no inspector shall be obliged to view any tobacco between the said
* For the acts locating warehouses, see Vol. I. 546, 553 to 559. Vol. II. 121, 246.
+ But see sec, 39.
Ilow liable first day of August and the said first day of October ; and any inspec for neglect. tor neglecting to attend as aforesaid shall forfeit and pay to the party
aggrieved five shillings for every neglect, or shall be liable to an ac. tion to recover all such damages as he or they shall have sustained by
occasion of every such neglect, together with his or their full costs, Their duty. at the direction of such party, and that all persons having tobacco at inspected Tobaccato be the public warehouses may have equal justice, the inspectors shall
enter into a book to be kept for that purpose the marks and owners names of all tobacco brought to their respective warehouses for in
spection, as the saine shall be brought in, and shall view and inspect How inspect- the same in due loen as it shall be entered in such book, without fa
vour or partiality, and uncase and break every hogshead or cask of If sound, and tobacco brought them to be inspected as aforesaid; and if they shall weight, shall agree that the same is good, sound, well-conditioned, merchantable, ceipt.
and clear of trash, then such tobacco shall be weighed in scales with weights of the lawful standard, and the hogshead or cask shall be stamped in the presence of the said inspectors, or one of them, with the name of the warehouse at which inspected, and also the tare of the hogshead or cask, and quantity of net tobacco therein contained ; and the inspectors at such warehouse shall issue a receipt for each hogshead of tobacco they shall pass, if required by the owner, if the same weighs 950, which receipt shall be in form following-te wit:
Warehouse, the — day of 179
hogshead of crop tobacco, marks, numbers, weights, and species as per above, to be delivered by us to the said
for exportation, when demanded. Witness our hands, the
179 21. Sec. VII. The size of the hogshead or cask shall not exceed weight of forty-nine inches in length, and thirty-one inches in the raising head, Logsheads.
and to weigh 950 pounds net at least. Mleceipts to be 22. Sec. VIII. No inspector or inspectors shall, under any preprinted under ihe penally of
tence whatever, issue a receipt any other than such as shall be printa pounds.ed, in which the date shall be inserted at full length ; and if any in
spector or inspectors shall presume to issue a receipt in any other manner than is hereby expressed, he or they for such offence shall forfeit and pay twenty pounds, to be recovered with costs by any person who may sue for the same in any court within this state having
cognizance thereof; which receipts as aforesaid shall be furnished by Oa disagrer- the proprietor of the warehouse ; but if the said two inspectors shall mento in casse at any time disagree concerning the quality of tobacco brought for their the third in. inspection to any warehouse under their charge, they shall, as soon as
conveniently may be, call in an additional inspector appointed to at
tend such warehouse, who shall determine, and pass or reject such If he passes i, tobacco; and if he shall pass the same, his name shall be entered in His name. a book kept by the inspectors appointed, opposite the mark, number,
and weight of the hogshead by him passed, together with the name of Ilands to be the inspector at such warehouse who shall officiate with bim : And e pre pacientes the inspectors at each of the warehouses established by this act, shall
le sball enter