| 1789.
CHAP.
XXVI. |
LAWS of MARYLAND.
who signed such note, and lodging the same with him or them, the said
inspector
or inspectors of the said tobacco in the said note or notes shall deliver
to
the person obtaining such certificate a new note or notes, with the marks,
numbers,
weights and dates, corresponding with the former note or notes lost or
mislaid, and shall be thereby discharged from all actions and demands on
account
of such notes; and if any person shall be convicted of taking a false oath
or
affirmation, he shall suffer as in case of wilful and corrupt perjury,
and shall
forfeit and pay to the party grieved five pounds current money for every
hundred
pounds of tobacco specified in such certificate, and so in proportion for
a less
quantity; and any person selling or producing a forged certificate, knowing
the
same to be forged, in the case aforesaid, shall, upon conviction, be
fined a sum
not exceeding fifty pounds current money, or shall stand in the pillory
not exceeding
two hours, or both, in the discretion of the court, and shall pay to the
party grieved five pounds current money for every hundred pounds of
tobacco
specified in such certificate; provided always, that no person shall be
entitled to
receive a new note in lieu of any note lost, destroyed or mislaid, as aforesaid,
unless he or she shall advertise the same within ten days after such note
is first
discovered to be lost, mislaid or destroyed, at the court-house door of
the county,
and the warehouse at which such tobacco was inspected. |
Inspectors
may permit
persons to
make use of
their prizes,
&c. |
XXXIX. And be
it enacted, That if any hogshead of tobacco shall be brought
to any warehouse for inspection, and the inspector or inspectors shall
refuse to pass
the same, and the owner, or other person bringing such tobacco, will undertake
to pick and separate the good from the bad, the said inspector or inspectors
shall
allow the use of one or more of their prizes for prizing such tobacco so
separated
and repacked in the said hogshead; and if there shall be several hogsheads
of tobacco,
belonging to several owners, to be picked, repacked and prized, at any
public warehouse, the owner, or other person bringing the same, whose tobacco
shall be first examined and refused, shall be first permitted to make use
of such
prize or prizes, and the same rule shall be observed in the prizing all
tobacco
which shall be picked, repacked and prized, as aforesaid. |
They are not
to convert
samples to
their own use,
&c. |
XL. And be it
enacted, That no inspector or inspectors shall take or convert
to his or their own use, or otherwise dispose of, any draughts or samples
of tobacco
drawn out of any hogshead, but the same, if fit to pass, shall be carefully
returned and replaced, under the penalty of five shillings current
money. |
Justices to
hear and determine
complaints,
&c. |
XLI. And,
for the detection and removal of inspectors who shall not do their
duty, Be it enacted, That the justices
of the county courts shall hear and determine
all complaints against any inspector, in a summary way, and if found guilty
of any breach of duty required by this act, they shall remove any such
inspector,
and immediately after transmit a copy of the complaint, and of their proceedings
thereon, to the governor and the council; and if the inspector shall think
himself
injured by the judgment of removal, he may appear therefrom to the governor
and the council, and they may, in a summary way, rehear the case, and displace
such inspector, or continue him in his office, and if removed, he shall
pay the
expences of any witnesses; and the person complaining of the conduct
of such
inspector, if the justices shall not remove him, may appeal from their
judgment
to the governor and the council, who are hereby empowered to summon and
compel the attendance of such witnesses as may be necessary, and they may
rehear
and review the case, and continue or displace such inspector, and if not
displaced,
the person so appealing shall pay the costs of the witnesses; and in all
cases of
removal, the governor, with the advice of the council, may appoint and
commission
some other person out of the last recommendation for the residue of the
year; provided always, that the inspector complained against shall be summoned
to appear and make his defence, but in case he shall not appear, his default
shall
be taken for a confession, without some reasonable excuse be given for
the same. |
County clerk
to provide a
book, &c. |
XLII. And be
it enacted, That the clerk of each county within this state
shall provide a well bound book, and record therein all the proceedings
of the
justices relating to this act; and that it be the duty of the clerk of
the county |
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