|
unmerchantable, he shall make immediate application to any ;
justice of the peace of the county where such warehouse shall
be, at which the tobacco so refused shall be offered in payment,
who is no ways related to the parties, nor concerned in interest;
and the said justice, by warrant under his hand, shall imme-
diately appoint three persons, well skilled in tobacco, and no ways
related to the parties, nor concerned in interest, to view and
inspect the said tobacco, which said three persons so appointed,
shall immediately, under the penalty of twenty dollars each,
repair before some justice, and take an oath or affirmation, (as
the case may be,) which the said justice is hereby empowered
and required to administer, that they will carefully uncase,
break, view and examine, the tobacco they are called upon to
view and inspect, and that they will not pass any tobacco that
is not, in their judgment and conscience, of the quality expressed
in the note given for the same, and that they will do their duty
without fear, favour, affection, malice or partiality ; and after-
wards they shall, under the like penalty, forthwith repair to the
warehouse where such tobacco shall be offered to be delivered,
and shall carefully view and examine the said tobacco, and if
two of them shall adjudge such tobacco, or any part thereof, to
be unmerchantable, they shall cause the same to be immediately
burnt, unless the inspector or inspectors who passed the said
tobacco shall desire to pick the same, in which case, the per-
sons chosen to view such tobacco as aforesaid shall cause the
said inspector or inspectors to pick the same, and shall cause the
unmerchantable tobacco therein to be burnt, and for their trou-
ble, the said three persons who shall be present at such view
shall be paid, by the inspector or inspectors who offered such
tobacco, one dollar each ; and if the said persons, or any two of
them, shall adjudge such tobacco to be merchantable, and of the
like quality as expressed in the note, according to the directions
of this act, the said persons so attending shall be paid, by the
party desiring such view, one dollar each as aforesaid ; and
when any tobacco shall be offered as aforesaid by any inspector
or inspectors, and refused, the said inspector or inspectors shall
not be at liberty to offer, nor the person demanding the same to
receive, any tobacco in lieu thereof, before such tobacco first
offered shall have been viewed as herein before directed, but
the person refusing shall immediately mark the same; and if
any inspector or inspectors shall tender any tobacco in lieu of
the tobacco so refused, before the same shall have been viewed
as aforesaid, or shall not produce the same tobacco so refused,
to the said viewers, in either case it shall be taken for a convic-
tion that the tobacco first tendered was not of the quality
expressed in the note, and the said inspector or inspectors shall
forfeit and pay one hundred dollars each for every such offence;
|
justice to
issue war-
rant to
three per-
sons to view
it— if ad-
judged un-
merchanta-
ble, to be
burnt.
|
