|
JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
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 conviction 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; and if the person who shall refuse any hogshead of
tobacco aforesaid shall accept and receive another hogshead of
tobacco in lieu of that refused, before such hogshead so refused shall
be viewed as aforesaid, he shall forfeit and pay one hundred dollars
for every such hogshead. |
1801.
CHAP. 63. |
22. AND BE IT ENACTED, That where there are
two inspectors
in the same inspection, and they shall have disagreed in opinion to
the passing of any hogshead of tobacco, and a review shall be afterwards
required, and such hogshead, or any part thereof, shall be
by such reviewers adjudged unmerchantable, and burnt agreeably
to the directions of this act, that in such case the inspector who
shall have disagreed to the passing such tobacco shall not be burthened
with making satisfaction for the same, or any part thereof,
but in such case the inspector who would have passed the same shall
make satisfaction for the whole; and where any tobacco on review
shall be adjudged unmerchantable, the inspector or inspectors who
passed such tobacco shall immediately pay the owner one other hogshead
of the same weight and quality, and thereupon the note for the
tobacco adjudged unmerchantable as aforesaid shall be delivered up
to the inspector or inspectors to be destroyed, and if the inspector
or inspectors shall refuse or neglect, he or they shall be answerable
for the full value of the tobacco, at the price thereof at the time;
and the inspector or inspectors, or his or their bonds, with his or
their sureties, may be sued, at the election of the party; and every
inspector shall deliver the identical hogshead of tobacco expressed
in the note, and no other, to the person holding the same, under the
penalty of twenty dollars, and no person shall receive any other
hogshead of tobacco than the very hogshead for which the note is
given, in lieu of the same, under the penalty of twenty dollars, except
only in the case where the tobacco, for which the note is given,
shall, on review, be adjudged unmerchantable, of a quality different
from that expressed in the note. |
Inspector in certain
cases not to
be burthened with
making satisfaction
for tobacco--
if adjudged unmerchantable
inspector to pay
owner another
hogshead, &c. |
23. AND BE IT ENACTED, That no inspector or
inspectors shall
hereafter, on any pretence, give out any note for tobacco, unless he
or they shall have actually received and passed the full quantity
of tobacco for which such note shall be given, under the penalty of
one hundred dollars for every such offence. |
No note to be given
out unless full
quantity of tobacco
is received. |
24. AND BE IT ENACTED, That the inspector
or inspectors shall
carefully enter into a book to be provided and kept for that purpose
alone, every hogshead of tobacco viewed, passed and marked,
by him or them, and the quality thereof, mark, and warehouse |
Every hogshead
passed and marked,
to be entered
in a book, &c. |
|
 |
