Waste or destruction of warehouses, how to be punished. Scales and provided, seized of the fee simple estate in such land during the time such place shall be made use of for a public warehouse, and such proprietor shall not have any benefit of the rents that shall hereafter become due. any SECT. 9. On complaint being made by the owner or owners of of the warehouses aforesaid, to any justice of the peace in the county where such warehouse shall lie, against any person or persons, for breaking tearing, or committing any waste or destruction of, or in such warehouse or warehouses, it shall be lawful for such justice, and he is hereby empowered and required to give judgment and award execution against the body or estate of such offender if found guilty for all damages occasioned by such breaking, tearing, or waste, or destruction, provided such damages do not exceed the sum of five dollars in his opinion; and if such damages shall exceed that sum, then it shall be lawful for such owner or owners to commence and prosecute his or their action at law, against any such offender in any court of record within this state, in which the plaintiff shall recover costs, although the damage shall be under seven dollars. SECT. 10. There shall be kept at every one of the said weights to be warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales with weights to weigh fifteen hundred pounds at the least, and a set of small weights, the same that are or ought to be provided for the standard weights of each county; and where such scales and weights are not already provided, or now are or shall hereafter be worn out, or become unfit for use, the justices of the respective county courts wherein any of the said warehouses are or shall be, are hereby directed and required to provide the same, with all convenient speed; and the treasurer for the time being is hereby empowered and required to pay the purchase money out of the public money in his hands arising from the inspection of tobacco, and moreover the and tried and said justices are hereby required and directed, twice in repaired twice every year at least, to appoint one or more of their numa year. ber to view the said scales, and examine and try the weights at the several warehouses by the standard weights of the county; and if the said scales and weights shall want repairing, or the weights be found deficient, or differing from the lawful standard, the said justices shall cause the same to be repaired and mended, and the weights made conformable to the standard; and if the justice or justices so appointed, shall refuse or neglect to do the same, the justice or justices so refusing, shall forfeit and pay the sum of one hundred and fifty dollars; and the charge of repairing and mending the said scales and weights, and also for removing the standard to the several warehouses for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their accounts with the treasurer. SECT. 11. All tobacco which shall be brought to any Tobacco to be of the public warehouses shall be viewed, inspected and viewed by the examined by two persons to be thereunto appointed, who inspectors. shall be called inspectors, which said inspectors shall be appointed in the following manner, that is to say: The Manner of apcourts of the several counties within this state, wherein pointing inany of the public warehouses appointed by this act are spectors. established, shall and they are hereby required, once in every year and no oftener, at their respective county courts held in the months of August or September, to nominate and recommend to the governor for the time being, for so many offices of inspection as are or shall be in their respective counties, four fit and able persons reputed to be skilful in tobacco, for the execution of the office of inspectors; and where two warehouses under one and the same inspection happen to lie in different counties, in that case the court of each county shall nominate and recommend two for such inspection, which nomination the said courts shall cause to be entered upon record, and the clerks of the said courts shall, and they are hereby required forthwith to transmit a certificate of the same to the clerk of the council; and out of the said four persons nominated and recommended for each inspection, the governor with advice and consent of council, shall choose and appoint two to execute the office of inspectors at such inspection; and in default of such nomination or recommendation by the county courts as aforesaid, the governor with the like advice and consent shall appoint such persons as he shall think fit to be inspectors at such inspection, for which no nomination or recommendation shall be made as aforesaid, and also in case of the death, resignation, or removal of any inspector, the governor, shall and may appoint any person named in the last recommendation from the county court, for that inspection where the vacancy shall happen, to succeed him until the next nomination and appointment of inspectors; but if either of the persons named in such last recom spectors to be appointed: mendation, will not accept the said office, in that case, the governor, with the advice and consent of the council, may appoint any other person they shall think fit; and Additional in- besides the two inspectors appointed as aforesaid, the governor, for the time being, with the advice of the council, shall appoint one of the persons recommended with such inspectors to be additional inspector at the When to act. Warehouse for which he shall be recommended; which additional inspector shall officiate as such only, in cases of disagreement in opinion of the other inspectors as to the quality of tobacco brought to their inspection, or where either of them shall through sickness or otherwise be absent from his duty; or shall bring his own tobacco to the warehouse whereof he is inspector, to be viewed; and the said additional inspector shall be paid for the services he shall perform, by occasion of the absence of either of the other inspectors, out of the salary of such absentee, in proportion to the time he shall officiate. No inspector to take a reward for resigning. Penalty on giver and receiver. No justice of the peace re commended tor to vote in tion. SECT. 12. If any inspector shall hereafter accept, receive or take, directly or indirectly, any fee, gratuity, service or reward whatsoever, of any person for resigning or giving up his office of inspector, he shall not only be forever disabled from holding the like office, but for such offence shall forfeit and pay the sum of six hundred dollars, to be recovered with costs by action of debt, in any court of record within this state, by any person suing for the same; and every person offering or paying directly or indirectly, any fee, service, gratuity, or reward whatsoever, to any inspector to resign his said office, shall for the said offence be forever disabled from holding the office of inspector within this state. SECT. 13. Provided always, That no justice of the peace recommended to be an inspector, shall be allowed to vote in nomination and recommendation of persons as an inspec- to be inspectors as aforesaid, and where any person once recommenda- recommended as aforesaid, and executing the office of inspector in pursuance of such recommendation, shall be Inspector in again recommended the succeeding year, the same shall office recom- be a sufficient appointment to him to continue in the said office for another year, without any new commission, and out new com- so from year to year, so long as he shall be so recommission, but mended as aforesaid. Provided nevertheless, that each shall annually inspector shall annually renew his bond, and give security bond for the for the faithful discharge of his duty. mended to continue with renew his due discharge of his duty. SECT. 14. Every person appointed or to be appointed inspector by virtue of this act, shall before he enters Inspectors to upon the execution of the said office, enter into bond with give bond with security good security in the penalty of four thousand dollars, and take an payable to the governor for the time being and his succes- oath. sors, with condition for the true and faithful performance of his duty, according to the directions of this act, which bond shall be recorded in the county, and transmitted by the clerk of the court to the treasurer under the penalty of three hundred dollars, who shall move for judgment against every inspector failing to discharge the same within two months after failure, under the penalty of three hundred dollars; and every such inspector shall also take the following oath, at the time he gives bond, that is to say: "You shall swear that you will diligently and The oath. carefully view and examine all tobacco brought to the "public warehouse or warehouses where you are appoint"ed inspector, and that not separately and apart from "your fellow, but in his presence; and that you will not "receive or pass any tobacco that is not in your judgment "sound, well conditioned, merchantable, and clear of "trash, nor receive, pass or stamp any tobacco hogsheads or casks of tobacco contrary to the true intent and " meaning of this act, nor refuse any tobacco that in your "judgment is sound, well conditioned, merchantable and "clear of trash, and that you will not change, alter, or "give out any tobacco other than such hogsheads or "casks, for which the receipt to be taken, was given, but "that you will in all things well and faithfully discharge "your duty in the office of inspector, according to the "best of your skill and judgment, and according to the "directions of this act, without fear, favor, affectiou, ma"lice or partiality: So help you GOD." Which oath shall be taken before the governor of this state for the time being, before the district court, or in the court of the county wherein such inspector shall reside, or the warehouses at which he shall be appointed inspector shall stand; but before any inspector shall enter upon the execution of his office, he shall produce a certificate, if sworn before the governor or district court, (as the case may be) of his having taken such oath, which certificate shall be lodged with the clerk of the county where such inspector shall be; and if any person shall presume to execute the office Penalty for of inspector before he shall have given such bond and acting without taken such oath as aforesaid, he shall forfeit and pay two qualifying. thousand dollars. VOL. XIII.-3 Q 490 Time inspec tors are to at tend. SECT. 15. All inspectors to be appointed by virtue of this act, shall constantly attend their duty at the warehouse or warehouses under their charge, from the first day of October, to the tenth 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 on Sundays, to deliver out tobacco for exportation, until all the tobacco remaining there the said tenth day of August shall be delivered: But no inspector shall be obliged to view any tobacco between the said tenth day of August, and the first day of October, except such as remained in the warehouse on Penalty for the said tenth day of August; and every inspector nenot attending. glecting to attend as aforesaid, shall forfeit and pay to the party grieved, one dollar for every neglect, or shall be liable to an action upon the case at the suit of the party grieved, to recover all such damages as he or they shall have sustained by occasion of any such neglect, together with his or their full costs, at the election of such party. Tobacco to be due turn. SECT. 16. And that all persons having tobacco at the public warehouses, may have equal justice, the inspectors shall enter in a book to be kept for that purpose, the marks and owners names of all tobacco brought to their respective warehouses for inspection as the same shall be brought in, and shall view and inspect the same in due turn as it shall be entered in such book, without favor or partiality; and shall uncase and break every hogshead or head to be un- cask of tobacco brought them to be inspected as aforesaid; and if they shall agree that the same is good, viewed, and if sound, well conditioned, merchantable, and clear of found good, stamped and trash, then such tobacco shall be weighed in scales receipt given. with weights of the lawful standard, and the hogshead Each hogs cased and 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 nett tobacco therein contained: and the inspectors at such warehouses shall issue a receipt for each hogshead of tobacco they shall pass, if required by the owner; which receipt shall be in the form following, to wit: |