TIT. S. A. A. 1795. 2 Faust 14% cies shall be filled where commissioners shall die, &c. A. A. 1795. 2 Faust 17. [Manufactures.] board any ship or vessel, any beef or pork for a foreign market, duly packed, in pursuance of this act, as if the same had been packed in the city of Charleston, by packers there legally appointed; any law, usage or custom to the contrary in any wise notwithstanding. 62. And be it further enacted, That if any of the said persons, hereby empowered to appoint public packers as aforesaid, shall die or depart the county for which he or they are respectively appointed, or shall refuse or neglect to act, it shall and may be lawful for the remainder of those appointed or to be elected, in pursuance of this act, to elect one or more persons in their room; and the person or persons so elected, shall be invested with, and he or they shall and may lawfully use, exercise and enjoy the same powers and authorities, in as full and ample manner, to all intents and purposes whatsoever, as the persons hereby appointed respectively can, or lawfully may, or ought to do. 63. Whereas William M'Clure hath petitioned the legislature to assist him in establishing a cotton manufactory in this state; and it would be very advantageous to this state to have useful manufactories established in the same : Be it therefore enacted, That a lottery shall be established A lottery au- and drawn, and finally concluded and completed, the profits thorized. Wm. M'Clure to receive four hundred pounds for the esta blishment of a cotton manufactory. How the re mainder of whereof, after deducting the necessary expenses attending the same, shall be applied towards the promotion of useful manufactures in this state; that a profit shall be raised by the said lottery, not exceeding the sum of eight hundred pounds; and that Thomas Lehre, William Turpin, col. Thomas Taylor, John G. Guignard, Benjamin Waring, John Simpson and John Hunter, shall be, and they hereby are appointed commissioners to conduct and manage the same, and the said commissioners, or any three of them, shall adopt such scheme or schemes, for the purpose aforesaid, as they may judge most proper, and shall appoint such time and place for drawing the same, as they may think most adviseable. 64. And be it further enacted by the authority aforesaid, That the said commissioners shall pay unto the said William M'Clure four hundred pounds out of the profits of the said lottery two hundred to be paid as soon as they shall receive a sufficient amount to enable them to pay the same with propriety; and the remainder to be paid when the said lottery shall be drawn and completely concluded: Provided, That the said commissioners shall, in trust for the state, previously take from the said William M'Clure, an obligation or obligations, under the penalty of twice the amount paid to him, with such security as they shall deem sufficient, with a condition, that he shall, within a certain time, by them to be ascertained, erect and complete a manufactory of cotton into what is commonly called and known by the name of Manchester wares; in which manufacture the said William M'Clure shall constantly employ and instruct at least as many as seven white persons, for the term of seven years. 65. And be it further enacted, That the said commissioners shall hold the rest of the profits of the said lottery, and shall TIT. 8. apply them towards the promotion of such useful manufactory or manufactories as they may think deserving of their donation or support; taking care to require and take from every person A. A. 1795. to whom they may pay any part of the said profits, such bond 2 Faust 18. or bonds as they are herein directed to take from the said Wil- the proceeds shall be appli. liam M'Clure: Provided, That no appropriation of the money ed. remaining at the disposal of the commissioners, shall be made without the concurrence of five or more of the commissioners appointed by this act. 66. Whereas, a number of the inhabitants of the district of A. A. 1795. Ninety-six, have, by petition, represented to the legislature, 2 Faust 62-3. that the inspections, established at the tobacco inspections at [Tobacco.] Falmouth, Adams's ferry and Spring Hill, are under such re- Tobacco ingulations as are found inconvenient to the citizens of that dis- spections-at trict, and have prayed that in future the inspectors at those Adams' ferry Falmouth, warehouses shall hold their appointments for only two years: and Spring 67. Be it therefore enacted, That Joseph Hightower, John Hill. Gray, Samuel Walker, Thomas Key and Robert Ware, shall be, and they are hereby appointed commissioners of the said ers. three inspections, in the room of the present commissioners, and shall have all the powers and authority that are vested in the present commissioners, and that whenever any vacancy shall happen in the number of the said commissioners, either by the death or resignation of any one or more of them, or by removing out of the district, or otherwise, the legislature shall appoint some disinterested person or persons to supply such vacancy. 68. And be it further enacted, That no inspector, for either of the said warehouses, hereafter to be appointed, shall hold his office longer than two years, unless he be re-elected by the commissioners. Commission ers. 69. And be it further enacted, That William Strother, Wil- At Chatham liam Ellerbee, Allen Chapman, James Gillispie and John Wil- on Pedee. son, be and they are hereby appointed commissioners of the to- Commissionbacco inspection at the town of Chatham, in Chesterfield county, and shall have all the power and authority that are vested in commissioners at the other tobacco inspections in this state. 70. Whereas it is necessary for the advancement of com- A. A. 1796. merce, that regulations should be established for the inspec- 2 Faust 102. tion of flour and bread, intended for exportation: [Flour.] Charleston. Be it therefore enacted, That the persons herein after to be An inspector appointed to carry into effect this act, or a majority of them, of flour to be shall meet in the city-hall of the city of Charleston, on the appointed for second Monday of January next, and on the second Monday How he shall in January in every year thereafter, during the continuance be appointed. of this act; and then and there nominate and appoint a person of good repute, and skilful in the goodness and quality of flour and bread, to be inspector of flour and bread within the said city, for the year ensuing. Commission choose an in 71. And be it further enacted, That every commissioner ers to be apwho shall vote for the said officer, shall take the following pointed to oath before he shall proceed to the nomination and appointment of the officer aforementioned: "I, A. B. do swear that to take an spector, &c. oath. TIT. & A. A. 1796. I will faithfully, honestly and impartially nominate and appoint such person to be inspector of flour and bread within the said city of Charleston, as I think, in my judgment and conscience, is fit and capable of executing the said office." 2 Faust 102-4. [Flour.] 72. And be it further enacted, That in case of the death of Mode of fillsuch officer so appointed, or his refusal or neglect to act, the ing up vacansaid commissioners, or a major part of them, shall, as soon as cy by the death, &c. of conveniently may be thereafter, meet together, and appoint the inspector. one other such person as aforesaid, in the stead of the person so dead, or refusing or neglecting to act, for the residue of year; and if the said commissioners shall neglect and omit to nominate and appoint the said officer, then the governor may appoint such officer, who shall be qualified agreeably to the directions of this act, and have the like power and authority, as if he had been by the said commissioners nominated and appointed. Flour to be made mer chantable for exportation. What shall be the con struction of the flour casks. the 73. And be it further enacted, That all bolted wheat flour, and every cask thereof, brought to the said city for exportation, from and after the first day of August next, shall, by the bolters thereof be made merchantable, and of due fineness, without any mixture of coarser or other flour. 74. And be it further enacted, That from and after the first day of August next, all flour casks brought to Charleston for exportation, shall be made of good seasoned materials, well made and tightened with ten hoops, sufficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop, and of the following dimensions, viz: the staves to be of the length of twenty-seven inches, and the casks to be of the diameter of eighteen inches at the head. That every miller, and bolter of flour, and baker of bread, for transportation out of the state, shall provide and have a distinCasks to be guishable brand mark, with which he shall brand each and every cask of flour or bread, before the same shall be removed from the place where the same was bolted or baked. branded. Penalty for neglect. 75. And every miller or bolter shall also brand every cask of flour according to the quality thereof, with the numbers one, two or three, and with the weight respectively, under the penalty of one dollar for every barrel of Hour not hooped and nailed as aforesaid; and for every cask of flour or bread so removed and not branded as aforesaid, to be recovered from such miller or bolter who shall neglect to comply with the directions of this act, or from the person who brings such flour or bread to Charleston aforesaid, for sale. 76. And in case a recovery shall be had against such person bringing the said bread or flour for sale as aforesaid, for the said penalty, such person shall and may have recovery of the same, with costs, against the miller or bolter from whom such bread or flour was purchased or received, upon making it appear that he gave notice to such miller or bolter, that he intended to carry the same to the city aforesaid, for sale for exportation, and that he requested such miller or bolter to secure and mark the said barrels as aforesaid. ⚫ Exportation. TIT. 8. 77. And be it further enacted, That the said millers and bolters shall put into the casks numbered one, the full quantity or weight of one hundred and ninety-six pounds of flour; in the A. A. 1796. casks numbered two, the full quantity or weight of one hun- 2 Faust 104-5. dred and ninety-six pounds; and in the casks numbered three, [Flour.] Each cask to the full quantity or weight of one hundred and sixty-eight contain 196 pounds of flour. pounds of 78. And that if any miller or bolter shall pack any cask flour, except with less quantity of flour than is directed by this act to be casks to be contained in the casks of the different sizes and dimensions numbered 3. above mentioned, he shall forfeit, if the deficiency be one pound, twenty-five cents; if two pounds, fifty cents; and fifty cents per pound for every pound 'deficient above two. &c. 79. And be it further enacted, That all casks wherein bread Bread casks may be packed, shall be weighed, and the tare marked there- to be packed, on and if any person shall put a false or wrong tare on any cask of bread, to the disadvantage of the purchaser, he or they Penalty for shall forfeit, for every cask so falsely tared, one dollar. 80. And the inspectors or their assistants respectively, upon suspicion, or upon the request of the buyers, shall, and are hereby required to unpack any such cask of flour or bread as aforesaid; and if there shall be a less quantity of flour than is above directed, or if the cask or casks wherein bread is packed, shall be found to weigh more than is marked thereon, then the miller, bolter or baker, as the case may be, shall pay the charges of unpacking and repacking, over and above the penalties aforesaid, but otherwise the said charges shall be paid by the inspector, or by the purchaser if the trial be made at his request. false tare. delivered. 81. And be it further enacted, That every baker of bread Invoice of for exportation, shall deliver with the said bread, an invoice bread to be thereof with his brand mark thereon, together with his name signed thereto, under the penalty of five dollars for every invoice delivered contrary thereto; and if any cask or casks of bread, upon trial be found lighter than is set down in the invoice, he shall forfeit for every pound deficient, in the same proportion as is heretofore directed as to flour. 82. And be it further enacted, That all and every cask of To be inspecflour brought to the said city, to be from thence laden and ted, and mode shipped for exportation, shall be submitted to the view and of inspecting. examination of the inspector so as aforesaid nominated and appointed, who shall search and try the same, by boring the Phead, and piercing it through with an instrument not exceeding half an inch diameter, to be contrived for that purpose, in order to prove whether it be honestly and well packed, and also enable him to judge of its goodness, and shall afterwards plug up the hole. And if the said inspector shall judge Merchantable the same to be merchantable, according to the directions of flour how to this act, he shall brand every such cask of flour on the quarter, with the word "CHARLESTON," with a public brand and guished. mark to be provided for that purpose, and shall also brand and mark the degree of fineness, which he shall on inspection, determine the said flour to be of; which degree shall be dis- Inspector's Ftinguished as follows, to wit: superfine, fine, middling, ship- compensa be distin tion. A TIT. 8. A. A. 1796. 2 Faust 106-7. [Flour.] Unmerchantable flour how to be distinguished. A party may appeal from of the inspector to the commission ers. stuff; for which trouble, he, the inspector, shall have and receive of the owner of such flour, the sum of seven cents for each cask, and no more. 83. And be it further enacted, That no inspector of flour shall brand any flour, which shall prove on examination thereof, to be unmerchantable, according to the true intent and meaning of this act, but shall cause the same to be marked on the bilge with an arrow, or secure it for a further examination if required, which examination the owner shall procure to be made within the space of twenty days. And the inspector shall and may demand and receive, from the owner or owners thereof, the same rates and prices as if the same had been branded. 84. And be it further enacted, That when any person shall think himself aggrieved, through the judgment or want of skill the judgment of the inspector, in rejecting the said flour as unmerchantable, it shall and may be lawful for such person to apply to the commissioners, who shall, at the charge of the complainant, issue their summons, directed to three indifferent persons, well skilled in the manufacture of flour, to review and examine the same; which said three persons, so as aforesaid appointed, shall take the same oath or affirmation, (as the case may be,) as by this act is herein after directed to be taken by every inspector of flour, and shall carefully view and examine the same; and if they, or any two of them, shall pass and declare the same to be merchantable, then, and in such case, the said inspector shall raze out the arrow, and fix such brand on the said flour as they or any two of them, shall adjudge and determine, and repay to the said complainant the said cost ;* but if on such review, the judgment of the said inspector shall be confirmed, then, and in such case, the said owner of such flour shall pay the cost of such review. Rates of storage. 85. And be it further enacted, That every inspector shall be allowed four cents per barrel for storage, if stored; and if upon an appeal and review as aforesaid, the judgment of the inspector shall be confirmed, the person appealing shall pay the expense of such storage, and shall also pay the same if an appeal shall not be prosecuted. And if the judgment of the said inspector shall be reversed, then the said inspector shall forfeit his charge, and expense of the said storage. And that the said inspector of flour, for his trouble, shall may receive the sum of fourteen cents for each barrel by him reviewed. and Penalty for 86. And be it further enacted, That it shall not be lawful exporting un- for any person whatsoever, to export, ship, or lade on board merchantable of any ship or vessel, for exportation out of this state, any of flour. the casks or barrels of the said flour, so marked with an ar row as aforesaid, or to export, ship, or lade on board of any ship or vessel for exportation out of this state, any of the casks or barrels of the said flour, not examined and branded as aforesaid, on pain of forfeiture of eight dollars for each and * Quere-What cost? |