|
JOHN EAGER HOWARD, Esq; Governor.
be merchantable, according to the directions of this act, the said persons,
so attending,
shall be paid by the party desiring such view, six shillings and eight-pence
current money each as aforesaid; and when any tobacco shall be offered
as
aforesaid by any inspector, and refused, the said inspector 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 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 unmerchantable, and the said inspector
shall forfeit
and pay thirty pounds current money for every such offence; and if
the person
who shall refuse any hogshead of tobacco as 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 thirty pounds current
money for every such hogshead. |
1789.
CHAP.
XXVI. |
XXIX. And be
it enacted, That where two inspectors, in the same inspection,
cannot agree to pass 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 was against first 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
five
pounds current money; 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 five pounds current money, except only in the case where
the tobacco,
for which the note is given, shall, on review, be adjudged unmerchantable. |
When two inspectors
disagree,
one not
to be burthened,
&c. |
XXX. 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 thirty pounds current money for every such
offence. |
Inspectors not
to give notes
in certain
cases, &c. |
XXXI. And be
it enacted, That when any tobacco shall be brought in
parcels to any warehouse in this state, appointed in consequence of this
act for
the reception and inspection of tobacco, the inspector or inspectors are
hereby
directed carefully to view and examine the same, and if found to be
sound, clear
of trash, in good condition and merchantable, to weigh, and render to the
owner
thereof as many transfer notes as he or she may require, to the amount
of the
quantity so examined and weighed; which notes shall be current, and received
in payment and satisfaction of all contracts of tobacco, and judgments
and decrees
on contracts for tobacco, subject to the deduction of six per cent.
when
paid or received in lieu of crop tobacco, and of ten per cent. when
paid or received
in lieu of crop tobacco clear of cask, according to the terms and intention
of the contract, judgment or decree, as the case may be, and shall be transferable
from one to another in all such tobacco payments, and shall be paid and
satisfied, by the inspector or inspectors who signed the same, upon demand;
and the said inspector or inspectors shall and are hereby obliged to make
every
hogshead of tobacco, by him or them paid away in discharge of such transfer |
Tobacco in
parcels to be
viewed, &c. |
|
 |
