|
JOHN EAGER HOWARD, Esq; Governor.
not, in may judgment and conscience, sound, clean, unmixed with trash
or bad
tobacco, in good order and condition, and merchantable; and that I will
not
receive, pass, stamp or brand, any hogshead of tobacco prohibited by an
act of
assembly, entitled, An act to regulate the inspection of tobacco; and that
I will
receive, pass, stamp and brand, all tobacco that is, in my judgment
and conscience,
sound, clean, unmixed with trash or bad tobacco, in good order and
condition, and merchantable; and that I will in all things well and faithfully
discharge
my duty in the office of an inspector according to the best of my skill
and
judgment, and according to the directions of the said act, without fear,
favour,
affection, malice or partiality. So help me God;" which oath or affirmation
any justice of the peace may administer. |
1798.
CHAP.
XXVI. |
XV. And be it
enacted, That every inspector, before he executes any part of
his duty under this act, shall, under the penalty of three hundred pounds
current
money, enter into bond before one or more of the said justices for his
county,
with good and sufficient securities, having property within the state assessed
to one
thousand pounds current money, such as the said justices shall approve,
in the
penalty of one thousand pounds current money, payable to the state, with
condition,
that he will diligently and carefully uncase and break, or cause the same
to
be done in his presence, view and examine, all tobacco brought to the warehouse
where he is appointed to be inspector, and all other tobacco he shall be
called
upon to view and inspect at the said warehouse, or any public warehouse,
and that he will not receive, pass, stamp or brand, any tobacco, or hogshead
of
tobacco, prohibited by an act of assembly, entitled, An act to regulate
the inspection
of tobacco; and that he will in all things well and faithfully execute
and discharge his duty in the office of an inspector according to the best
of his
skill and judgment, and according to the directions of the said act; and
the said
justices shall immediately cause the said bond to be proved by the witnesses
thereto,
and shall forthwith endorse the probate on the back thereof, and transmit
the
said bond to the clerk of the county court within ten days, who shall record
the
same, with the endorsement thereon, and transmit it to the clerk of the
general
court, who shall immediately record the same bond and endorsement aforesaid,
and immediately afterwards deliver the original bond to the register of
the chancery
court, to be by him safely kept in the chancery office; and an attested
copy
of the said bond and probate, from either of the said records, shall
be as good
evidence in law to maintain an action of debt for any breach of the condition
of
the said bond, as if the same was actually produced and proved in court;
and the
same bond may be sued by an person entitled as holder of any note of such
inspector,
for the nonpayment or not delivering the tobacco mentioned in such
note, and on nonsuit, or judgment for defendant, the person suing such
bond
shall be liable for costs, and any person bringing suit on such bond may
be
awarded by the court to give security for costs; and if the same person
be continued
inspector, he shall, on every appointment, give bond as aforesaid with
other
and good security, and shall qualify as aforesaid. |
Inspectors to
enter into
bond, &c. |
XVI. And be
it enacted, That the justices of the several counties, or any
three or more of them, shall, at the time of making their county assessment,
ascertain
salaries, so that the same shall not exceed eighty pounds current money
for each inspector within their county; and if the reward allowed by this
act for
inspection shall not be sufficient to satisfy the said salaries and warehouse
rent,
and other charges of the inspection houses within their counties, the said
justices
shall assess in their county assessment a sum of money sufficient to discharge
the same. |
Justices to ascertain
salaries,
&c. |
XVII. And be
it enacted, That no inspector shall, directly or indirectly, during
his continuance in the said office, buy, or receive any tobacco by way
of barter,
loan or exchange, or any way intermeddle with, or busy himself in, procuring
tobacco to be sold or consigned to any merchant, or in loading any ship
or vessel
with tobacco, except the proper tobacco of such inspector, under the penalty
of
five pounds current money for every hogshead of tobacco so bought or received,
or procured to be sold or consigned, contrary to this act; provided, that
any inspector
may receive his own proper rents or debts in tobacco. |
Inspectors not
to buy tobacco,
&c. |
|
 |
