| 1801.
CHAP. 63.
To give receipts. |
LAWS OF MARYLAND.
19. AND BE IT ENACTED, That the several inspectors
appointed
in virtue of this act are hereby required, that when tobacco in
hogsheads shall be brought to him or them for inspection which
shall not be clear of trash, but shall be in good order and merchantable
only, to give a receipt therefor, expressing the number,
gross, tare and net weight of the same, and that the tobacco is of
the second quality, and shall also mark the number, gross, tare
and net weight thereof, on the head and bulge of the hogshead,
with marking irons, and the said receipt shall be obligatory on the
said inspector or inspectors for a delivery of the said tobacco, in
the same manner and conditions as any note issued by him or them
in virtue of this act. |
Receipts not to be
a tender for payment
of any tobacco
contract. |
20. AND BE IT ENACTED, That the said receipts
shall not be a
tender for the payment of any tobacco contract, unless the said contract
shall have been for tobacco of the second quality, and expressly
mentioned in the said contracts, any thing in the said act
to the contrary notwithstanding. |
Hogsheads to be
opened and re-weighed
if required--
In case of
persons refusing
tobacco justice to
issue warrant to
three persons to
view it--if adjudged
unmerchantable,
to be burnt. |
21. AND BE IT ENACTED, That when any person
shall be entitled
to receive tobacco by virtue of any inspector or inspectors
note or notes, the inspector or inspectors shall, if required, open
the hogshead, and shew such tobacco to the person demanding the
same, and shall also reweigh the same if required, and if such person
shall refuse to accept of such tobacco as 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 immediately 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 afterwards 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, and shall cause the unmerchantable tobacco therein to be
burnt, and for their trouble, 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, |
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