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WILLIAM SMALLWOOD, Esq; Governor.
paid by the party desiring such view six shillings and eighty-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 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 hogshead. |
1785.
CHAP.
LXI. |
XXXI. 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 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 the 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 shall on review 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. |
Where two
inspectors disagree,
he who
was against
passing the tobacco
not to
make satisfaction,
&c. |
XXXII. 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 quality of tobacco for
which note shall be given, under the penalty of thirty pounds current
money for every such offence. |
Inspectors not
to give notes
unless the tobacco
be received,
&c. |
XXXIII. And
be it enacted, That the inspector or inspectors shall carefully
enter in a book to be provided and kept for that purpose alone, every
hogshead of tobacco viewed, passed, stamped and branded, by him or
them, and the quality thereof, and the maker's mark, and warehouse and
number, with the gross, tare and net weight, of all such tobacco, and in
what vessel the same shall be laden, and shall fend with every load of
tobacco
a manifest thereof, containing the numbers, gross, tare and net
weight, and marks, of every hogshead of tobacco, to be delivered to the
master of the vessel in which the same shall be put on board for exportation,
and if the tobacco delivered is intended to be put on board several
vessels, then the inspector or inspectors shall deliver separate manifests |
And shall enter
every hogshead
in a
book, &c. |
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