| 1785.
CHAP.
LXI. |
LAWS of MARYLAND.
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 making 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. |
XXXVIII. 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. |
Inspectors not
to convert
samples to
their use, &c. |
XXIX. 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. |
XL. 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 appeal 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
expence 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 |
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