tors for failure to ties. Penalty on inspec- shall fail to discharge any one or more of the duties herein-before discharge their du- required, they shall for every such failure forfeit and pay the sum of one hundred dollars, to be recovered by the said auditor, for the use of the commonwealth, on motion, to be made in the superior court, county or corporation court of the county or town, in which the inspectors' bond is filed. be stamped or marked as such. May then be exported or transported. Refused tobacco to 3. Be it further enacted, That when tobacco received at any warehouse within this commonwealth for inspection, shall after its examination and inspection be refused, it shall be the duty of the inspectors to stamp or mark on the hogshead, the gross, tare and nett weight thereof, and the name of the warehouse where inspected and refused, and also to cause the word refused, in letters not less than three inches in length, to be branded on each head, and on two sides of the hogshead or cask; and the same may thereafter be delivered, for exportation or transportation, by any one, in like manner as passed tobacco; but when so delivered, it shall be accompanied by a similar manifest, with an addition thereto, expressing that To pay same duty the tobacco was refused, and the like duty shall be paid, as in the case of passed tobacco delivered for exportation. The inspectors at any warehouse, who shall omit to brand or mark any hogshead of tobacco by him or them refused, as herein-before required, shall for every such omission forfeit and pay the sum of ten dollars. (a) 4. Any person who shall alter, obliterate or remove, or cause to ing or obliterating be altered, obliterated or removed, such brand placed on any hogshead of refused tobacco, for the purpose of fraud, shall for every such offence forfeit and pay the sum of fifty dollars, to be recovered by information in any court of record where the offence shall have been committed. as passed. Penalty on inspector for failing to brand, &c. Penalty for alter brand, &c. Courts may compel owners of warehouses to keep them in re. pair. Proviso. Keeper of locks nal to seize all warehouse. 5. It shall be the duty of the courts in the several counties and corporations, in which inspections of tobacco are or shall be established, to cause the warehouses to be kept in good repair. And when upon the representations of the inspectors, or others, a court shall believe the warehouse within its jurisdiction needs repairs, the owner or owners of such warehouse shall be summoned to appear before said court, to shew cause, if any there be, why such repairs should not be made, and thereupon the court may decide, whether any, and if any, what repairs shall be made, and may order the owner or owners, to make the same within such period as shall be deemed reasonable and unless such owner or owners shall comply with such order, it shall be lawful for the court at any subsequent term to appoint a commissioner or commissioners to cause such repairs to be made, and the expense thereof shall be paid out of the rents of such warehouse: Provided, That no such repairs shall be required to be made at any warehouse, the receipts whereof shall not at the time be sufficient to pay the salaries of the inspectors and other legal charges. 6. It shall be the duty of the keeper of the lower locks on the on James river ca- James river canal to seize all parcels of loose tobacco, whether in loose tobacco and bales, boxes, or otherwise, found on board any boat or vessel navideposit it in public gating the said canal, with or without a permit, and deliver the same, with the name of the head-man and the owner of such boat or vessel to the superintendent of the public warehouse in the city of (a) Altered from acts 1822, ante. ch. 328, § 2, and acts 1823, ante. ch. 329, § 7. Shipping duty reduced, post. ch. 332. shall substantiate dent to sell the Richmond. And if no person shall, within sixty days thereafter, Unless the owner claim and establish a right to the tobacco so seized, before some his right thereto, magistrate of the city of Richmond, or county of Henrico, and the superintenproduce to said superintendent a certificate thereof signed by such same on public magistrate, and pay all charges incurred by reason of such seizure, account. the said superintendent shall sell the tobacco so seized, at public auction, of which he shall render to the auditor an account on oath; and after deducting from the proceeds of sale the charges attending the same, and incurred by reason of such seizure, he shall pay the balance into the public treasury to the credit of the tobacco fund. 7. And be it further enacted, That if any hogshead of tobacco Commonwealth shall have been inspected at any upland inspection, and shall after- of any upland inwards be stored in any warehouse in the city of Richmond and the spected tobacco, town of Petersburg, other than the public warehouse in the said public warehouses city and the town of Petersburg, the commonwealth shall not be in Richmond or Petersburg. liable for the loss or destruction of such tobacco, by any means whatsoever; unless at the time when the same was stored in such other Exceptions. warehouse, there were at least eighteen hundred hogsheads, if in the city of Richmond, or if in the town of Petersburg, two hundred and seventy-five hogsheads, in the public warehouse aforesaid; or unless the inspectors thereof should have refused to receive such tobacco on storage; of which fact it shall be their duty to give a certificate, if required. not liable for loss not deposited in 8. This act shall commence and be in force from the passage Commencement. thereof. CHAP. 332.-An ACT to reduce the shipping duty on tobacco.* (Passed March 31st, 1831.) tobacco. 1. Be it enacted by the general assembly, That for every hogshead Duty on inspected of tobacco inspected at any warehouse established by law, and thence delivered to be manufactured, transported or exported, there shall be paid to the inspectors at such warehouse, at the time, and by the person or persons demanding the same, instead of the sum now required by law, a duty of thirty cents, to be accounted for by said inspectors, and paid into the public treasury, in the manner, and subject to the like penalty and recovery now prescribed by law. 2. This act shall be in force from the first day of October next. Commencement. CHAP. 333.-An ACT to abolish the inspection of ship stuff, and for other pur poses.t (Passed March 3d, 1821.) stuff abolished; 1. Be it enacted by the general assembly, That the inspection Inspection of ship of ship stuff, and the brand, number two, as heretofore requi: ed by also, law requiring law to be marked on the head of every barrel of flour passing in- use of brand No. 2. spection, shall hereafter be abolished and discontinued. 2. This act shall be in force from the passing thereof. *Acts 1830-31, ch. 55, p. 127. Former duty fifty cents, ante. ch. 329, § 4. + Acts 1820-21, ch. 39, p. 38. Inspections of flour and meal established in the borough of Norfolk, acts 1820-21, ch. 82, p. 109. In Monongalia and Tyler counties, acts 1822-3, pp. 91, 92. On Middle island creek in Tyler; at Chapman's ferry and at Gamble's warehouse in Brooke, acts 1826-7, p. 31. At the town of Fayette, in Montgomery, acts 1828-9, p. 139; at Scottsville, acts 182930, pp. 112, 113; at Farmville, ibid. pp. 113, 114. These several acts being local, are omitted. See 2 Rev. Code 1819, ch. 222, § 5, p. 180, and § 9, p. 181. Commencement. Law prohibiting condemned flour Commencement. From what coun- and flour may be without inspec- CHAP. 334.—An ACT concerning the shipment of condemned flour.* (Passed February 9th, 1825.) 1. Be it enacted, That so much of any law now in force, as prohibits the exportation of flour marked "condemned" by an inspector, beyond the limits of this commonwealth, shall be and the same is hereby repealed. 2. This act shall commence and be in force from and after the passage thereof. CHAP. 335.-An ACT concerning the inspection of flour and indian meal in certain counties.t [Passed February 21st, 1828.] 1. Be it enacted by the general assembly, That it shall and may be lawful for any person or persons to send or carry to market upon the Ohio and Mississippi rivers, or their tributary streams, flour or indian meal, without being inspected, from the counties lying west Repeal of forfei- of the Alleghany mountain; and that for flour or indian meal so ture for shipments from said counties carried, the shipper, lader, or owner thereof, shall not be subject to the forfeiture prescribed by the fourteenth section of the act, entitled, “an act to amend and reduce into one act the several acts now in force for regulating the inspection of flour, indian meal and bread," passed February the eighteenth, eighteen hundred and nineteen, saving, however, the rights, remedies and liabilities of any person or persons, already accrued under the said act. without inspec tion. Commencement. " Millers not to use Penalty. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 336.-An ACT to amend an act, entitled, "an act to amend and reduce into one act, the several acts now in force for regulating the inspection of flour, indian meal and bread."‡ [Passed April 5th, 1831.] 1. Be it enacted by the general assembly, That no miller or manufacturer of flour or indian meal, within this commonwealth, shall use or permit to be used on any cask of flour or indian meal ground or manufactured by him, more than one brand-mark, indicative of his mill, or the owner or occupant thereof, within the space of one year from the first day of June, annually; but each of them shall, for the period aforesaid, be limited to the use of one such distinguishable brand-mark. Every person violating the provisions of the laws in this respect, shall for each several offence, forfeit the sum of one dollar, to be recovered by warrant before any justice of the peace having jurisdiction, one half for the benefit of the informer, and the other for the commonwealth, for the use of the literary fund. 2. It shall be the duty of inspectors of flour and indian meal in to enforce the law this commonwealth, to examine the millers' brand-mark on the casks inspected by them, respectively, and as far as may be in their power, enforce the provisions of the laws regulating said brands: especially, it shall be their duty, in all cases of such violations coming within their knowledge, to prosecute the offender or offenders in the manner prescribed by law: Provided, That nothing herein dicating quality of contained shall be so construed as to prohibit any miller marking Inspectors of flour Millers may use private brand, in- Acts 1824-5, ch. 13, p. 18. p. 180. See 2 Rev. Code 1819, ch. 222, § 14, p. 182. his barrels or half barrels with a private brand or brands, indicating the quality of the flour. 3. This act shall be in force from the first day of June next. CHAP. 337.—An ACT to amend the act, entitled, "an act regulating the inspection of salt in certain counties therein mentioned."* (Passed February 17th, 1827.) Commencement. Kanawha. 1. Be it enacted by the general assembly, That the county court Inspectors of salt of Kanawha county, shall annually at the March term of the said to be appointed annually by the court, or as soon thereafter as practicable, all the justices of the county court of county attending, or having been previously summoned by the sheriff of the said county, for that purpose, appoint a person of good repute, and who is a skilful judge of the quality of salt, to be inspector of salt in the said county, for one year: And in case of Vacancies how to be supplied. the death of any such person so appointed, or his refusal or neglect to act, the justices of the said county, or any eight of them, shall, as soon as conveniently may be thereafter, meet together and appoint some other person, qualified as above directed, in the room of the one so deceased, or refusing or neglecting to act, who shall execute the duties of inspector aforesaid, until a successor shall be regularly appointed, which appointment shall be made, in the manner above directed, at the first, if there be time, and if not, at the second succeeding county court for said county, after the happening of such vacancy. And to the end that the said inspection of salt may be regularly and punctually enforced : long to continue in to issue summons make appoint cancies. 2. Be it further enacted, That the said inspectors for the times Inspectors how being, shall continue in office and perform all the duties thereof, un-c til successors shall be regularly appointed as above directed, even though the term, for which they may have been appointed, shall have expired. And it shall be the duty of the clerk of the said Clerk of Kanawha county of Kanawha, at a reasonable period before the annual ap- to the justices of pointments, and as soon as may be after the occasional vacancies the county to before provided for, to issue a summons, directed to the sheriff of ments, and to supsaid county, for all the justices of the said county to appear at the Ply occasional vacourt-house thereof, either on the first day of the March term, or on the first day of the first or second succeeding county court after the occasional vacancies before provided for, as the case may be, to take into consideration the appointments aforesaid which summons it shall be the duty of the said sheriff forthwith to execute and return: And if the justices of the said county shall fail to Penalty on justimake the appointments aforesaid, as herein before provided for, not duty. having a reasonable excuse therefor, they shall each and every one of them, forfeit and pay a fine of twenty dollars, for the benefit of the literary fund, to be recovered by motion in the superior court of law for the county aforesaid, with costs, including a fee of two dollars and fifty cents to the attorney prosecuting the pleas of the commonwealth: Provided, however, That each justice so prosecu- Proviso. ted, have ten days notice of such motion, which notice it shall be the duty of the commonwealth's attorney for said court to give through the sheriff of the said county. *Acts 1826-7, ch. 31, p. 28. See 2 Rev. Code 1819, ch. 226, pp. 193, 197. ces for neglect of Casks or barrels of salt to be inspected before transportation. be branded on the head of cask or barrel. rel. the amount of salt 3. Every cask or barrel of salt, before the same shall be put on board of any boat or other vessel, or into any waggon or other vehicle for transportation, shall be submitted to the view and examination of the inspector or one of his deputies, who shall inspect and try the same, by boring through the head with an instrument of suitable diameter, to be by him provided for that purpose, or by such other means, as will best test and ascertain the quality of the salt, having a due regard to its grain, dryness, colour and purity, and if he shall judge the same merchantable according to the directions of this act, he shall brand or mark the cask, with some permanent impression on the head thereof, with the name of the Quality of salt to county, and shall also brand or mark the quality, which he shall, on inspection, determine the salt to be of: which in degrees shall be distinguished as follows: First quality: Second quality: Third quality. It shall moreover be the duty of the inspector and his deputies, to weigh with correct and proper steelyards or patent balances with cant-hooks not exceeding three pounds in weight, to be by him kept for that purpose, all salt by him so inspected, and mark with durable figures, the gross weight of each barrel or cask, from which a deduction shall be made, of twenty-eight pounds for the Tare of a salt bar- barrel, which is hereby declared the tare of a salt barrel: Provided, however, That if the barrel shall materially exceed that tare, the inspector shall cause the true tare to be marked thereon at the cost of the owner, and the additional fee of one cent per barrel, to the Inspector to keep inspector; and he shall moreover set down in a book the amount a book containing of salt, so weighed and inspected, at each furnace manufacturing inspected, &c. to salt, an abstract of which he shall return quarterly on oath, to the clerk's office of the county: But no salt shall be weighed, which shall not have lain twenty-four hours at the least, and such additional time after packing, as the inspector shall deem sufficient for draining the same; and while engaged in weighing as aforesaid, each owner or manufacturer of such salt shall furnish to the inspecHands to be fur- tor, the assistance of two hands at the least, for which trouble of inspecting, weighing or branding, the inspector shall receive two cents for each and every barrel: But, the county court, in the same manner as it shall have power to appoint inspectors, shall also have power to increase the fees of the inspector, as prescribed in this act, not exceeding fifty per cent.; and in like manner having increased, Penalty on inspec- may reduce them to the rates herein prescribed: And every inspector or deputy inspector, who shall, after having accepted the said office, refuse or fail to perform the duties thereof, when required, at any time before his office shall have expired, agreeably to the provisions of this act, or until he shall have given due notice to the said county court, that he has resigned his said office, shall forfeit and pay a fine of twenty dollars, to be recovered in the same manner, and appropriated to the same purpose, as the fines herein-before imposed on justices for failing to appoint inspectors. 4. It shall not be lawful for any person or persons, to lade on salt on any vehicle board any boat or other vessel, any cask, barrel, box or sack of salt, or put into any waggon or other vehicle, for transportation, any cask, barrel, or box of salt, not inspected, weighed and marked or branded, as by law prescribed and if any person shall offend herein, he or they so offending shall forfeit and pay one dollar for every cask, barrel, box or sack of salt, so unlawfully laden or put. And in all cases, the manufacturer of the salt shall be liable for the penalty be returned to the clerk's office quarterly. nished by the manufacturer to assist inspector. Inspector's fees. How increased and diminished. tor for failure to perform his duties. Penalty for lading for transportation, not inspected or branded. Who made liable for said penalty. |