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Bacon's Laws of Maryland
Volume 75, Page 678   View pdf image (33K)
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I    N    D    E    X.

 
INSPECTORS.

to be recovered, if not exceeding  600 lb Tobacco, before
any County Magistrate; but, if above that Sum,
then to be recovered in the County Court.  One Half
of all such Penalties to the Informer, the other Half to
the defraying the County Charge of Inspecting.  Ibid.
§. 116.
    36.  Persons entitled to receive inspected Tobaccoes,
may oblige the Inspectors to open the Hogshead, and
shew the Tobacco, and re-weight the same, whether it
be Crop or Transfer.  And if such Person shall refuse
to accept the same in Payment, as bad, &c. he shall
apply to a County Magistrate, no way related to the
Parties, or concerned in Interest, who, by his Warrant,
shall appoint Three skilful disinterested Planters, which
Planters (having first taken an Oath, &c. for which see
the Act
) shall repair to the Warehouse, and view the
Tobacco in such Manner as they shall think fit:  And,
if any Two of them shall judge the same, or any Part
thereof, to be bad, &c. shall cause it to be immediately
burnt, unless the Inspectors shall desire to pick it;
which being done, they shall cause the bad Tobacco
therein to be burnt; and, for their Trouble, shall be
paid by the Inspector who tendered the same, 40 lb
Tobacco each.  But, if any Two of them shall adjudge
the Tobacco to be good, &c. then the Party desiring
the View, shall pay them 40 lb Tobacco each,
as aforesaid.  Tobacco, so tendered and refused, shall
not be tendered in Payment by any Inspector; nor shall
the Person refusing the same, receive any Tobacco in
Lieu thereof, before it be viewed as aforesaid, but shall
immediately mark the same.  Inspectors offering Tobacco
in Lieu of the Tobacco so refused, before being
viewed as aforesaid, or not producing the same to the
Viewers, shall forfeit 1600 lb Tobacco for each Offence;
and the person accepting another Hogshead of
Tobacco in Lieu of one refused, before such View,
shall forfeit 1600 lb Tobacco for every Hogshead.  But
where Two Inspectors, in the same Inspection, shall
disagree concerning the Quality of any Hogshead of
Tobacco; and that, on Review thereof as aforesaid,
the same, or any Part thereof, shall be condemned by

the Reviewers, or burnt, then the Inspector who was
against first passing the same, shall not be burthened
with making Satisfaction; but the other Inspector, who
was for passing it, shall be burthened with the whole.
Ibid.  §. 62 and 63.

    37.  Inspectors, in required, shall alter the Mark of
any Hogshead for which they have given a Receipt;
and , for preventing Mistakes, shall enter the Marks,
&c. of all Hogsheads received; and, in another Book,
the Marks, &c. thereof when delivered out.  Ibid.

§. 64.
    38.  Inspectors shall sell all Transfer Tobacco, which
shall not be received and marked, (as directed, Art. 33,)
on the second Day of November Court, yearly, if fair
Weather, if not, on the next fair Day of the same
Court, by public Auction, in single Hogsheads; and
shall pay the Money arising by such Sale, at the averaged
Price of the Tobacco sold belonging to each

House, in Satisfaction of their Notes, to the Proprietors, 
on Demand; under the same Penalty (see Art.
22,) as for not paying Inspectors Notes.  Ibid.  §. 66.
    39.  Inspectors shall, Ten Days before November
Court, yearly, lodge with the respective County Clerks,
an Account, upon Oath, of all Transfer Tobacco then
in their Hands, before exposing it to Sale; and shall
keep and exhibit a true Account, upon Oath, of the
Tobacco gained upon Allowances for Cask or Shrinkage,
and sell the same, as before directed in the Case
of Transfer Tobacco not received, and shall account
for the Money to the Justices.  Nor shall any Inspector
convert any Tobacco, so gained or saved, to his
own Use.  Ibid.  §. 67.
    40.  Inspectors shall, annually, in November Court,

after the Sale of Transfer Tobaccoes, and One Day
before laying the Levy, account with the Justices, upon
Oath, for all Money and Tobacco (except what is

INSPECTORS.

paid for Nails) by them received for every Transfer
Hogshead:  In which Account shall be allowed their
Salaries, Warehouse Rent, Purchase of Hogsheads,
and other necessary Disbursements in pursuance of this
Act.  And shall pay the Proprietors of Warehouses
their Rents, in the same Proportion of Money and
Tobacco as they shall in the Whole receive in that Year

on Account of the several Warehouses.  Ibid.  §. 68.
    41.  If, at laying the Levy, there shall remain any
Claim arising from the Inspectors Salaries, or other annual
Charge, from any Inspecting House within the County,
the Justices shall, yearly, at November Court, assess a
Quantity of Tobacco on the Taxable Inhabitants,
sufficient to discharge the same.  Ibid.  §. 69.
    42.  The Inspectors of the several Warehouses shall,
on the first Day of August Court, yearly, return to
the Court a distinct List of the Marks, Numbers,
tare and nett branded Weight of every Hogshead of 
Tobacco, then in their several Warehouses, which
have been inspected above Three Years, to be lodged
with the County Clerk.  And the Justices shall cause
a Copy of such Lists to be immediately set up at the

Court-House Door, advertising the Tobacco therein
mentioned to be sold the Third Day of that Court, if
fair Weather, if not, the next fair Day:  And shall
sell the same accordingly, in single Hogsheads, at Public
Vendue; and apply the Produce to defraying the
County Charge.  And, if the Owner shall thereafter

claim and make appear his Property to the same, the
Justices shall assess, in the next County Levy, such
Sum as the Tobacco sold for, for the Use of the Owner.
Ibid.  §. 150.
    43.  But, if the Owner of any Hogshead of such
Listed Tobacco shall, within Two Months next before
such Court of Sale, give Notice in Writing to the
Inspector, of his being Owner thereof, describing the
Mark, Number, and nett Weight of such Tobacco,
and that he is unwilling the same should be sold, such
Notice shall be, by the said Inspectors, returned and
lodged with the said List:  And such Tobacco shall be
marked in the Copy, Not to be Sold, nor shall the same
be sold.  But no old Tobacco, so listed, shall thenceforward
be allowed a legal Tender in any Tobacco
Payment whatsoever. Ibid.  §. 151, 152.
    44. Every New Inspector, elected in the Room of
an Inspector who served the preceding Year, shall,
within Ten Days after his being qualified, make out
Two Lists of all the Hogsheads of Tobacco then in
the same House being, (and which shall be delivered to
him well nailed, lined, and fit for shipping, by the old
Inspector) describing the Marks, Numbers, &c. stamped
thereon, and sign a Receipt, at the Foot of each
List, of the Hogsheads so received:  Which Lists shall 
be delivered to the old Inspector, an done of them shall
by him be lodged with the County Clerk, under Penalty
of 800 lb Tobacco, on each Inspector neglecting
to make such Lists, and the same on the old Inspector

neglecting to lodge the same with the County Clerk,
to be recovered and applied as before directed.  And
the New Inspectors shall be answerable to the Owners
of the Notes in the said Lists mentioned, so far as to
be obliged to produce the same Hogsheads belonging
to any Owner, and also to the old Inspector for all Damages 
happening to such Tobacco through his Negligence.

Ibid.  §. 146.
    45.  County Courts shall hear and determine, in a
summary Way, all Complaints against Inspectors; and
if such Inspectors be found deficient in their Duty,
may remove them; and with all convenient speed, notify
such Removal to the Governor, &c.  Provided
such Inspector be summoned to appear, &c. and if he
will not appear, his Non-Appearance shall be taken
for Confession, unless reasonable Excuse be given.
Ibid.  §. 56.
    46.  No Inspector, during his Continuance in that
Office, nor within two Years next after, shall be capable
of being elected, or shall intermeddle (otherwise



 
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Bacon's Laws of Maryland
Volume 75, Page 678   View pdf image (33K)
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