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ART. 48] TOBACCO. 1245
be legibly marked or stenciled thereon; and it shall be the duty of the
inspector to retain for inspection every hogshead of tobacco not so
marked or stenciled until the name of the owner thereof shall have been
ascertained and placed thereon.
1904, art. 48, sec. 45. 1888, art. 48, sec. 46. 1886, ch. 101, sec. 30 B.
44. It shall be the duty of the several inspectors of tobacco to care-
fully return all bundles of tobacco, other than samples which may be
drawn in sampling, and all bundles which may be displaced in uncas-
ing tobacco to the hogshead from which the same were drawn or dis-
placed; and any inspector of tobacco who shall knowingly violate the
provisions of this section shall be deemed guilty of misconduct in,
office, and shall be liable to removal therefrom.
Ibid. sec. 47. 1888, art. 48, sec. 48. 1864, ch. 346, sec. 41. 1870, ch. 291.
1888, ch. 156.
45. It shall and may be lawful for any grower or owner of tobacco
grown in this State to sell the same either in the State or out of it, in
hogsheads of any size or weight, or in boxes, or in any other kind or
style of package, without being compelled to have the same inspected by
the State inspectors, and without being compelled to place the same in
the State warehouses for any purpose whatsoever, or to pay any charge
for outage, storage or any other charge thereon, to the State or any
of its constituted officers.
This section prior to the act of 1888, ch. 156, and the charge for outage
prescribed thereby, held to be constitutional. This and other sections of this
article held to be inspecion laws, and the characteristics of inspection laws
considered. Turner v. State, 55 Md. 263 (affirmed in 107 U. S. 38). And see
Patapsco Guano Co. v. Board of Agriculture, 52 Fed. 697.
Ibid. sec. 48. 1888, art. 48, sec. 49. 1888, ch. 156, sec. 3.
46. If any grower or owner of tobacco grown in this State shall desire
to store such tobacco in any of the State tobacco warehouses, without
having the same inspected by the State inspectors, and without the same
being subject to the laws relating to inspections of tobacco, he may do
so upon paying storage therefor at the rate of twenty-five cents per hogs-
head per month, or fractional part of a month, for the first two months
that said tobacco shall remain in said warehouses, and fifteen cents per
month or fractional part of a month for every succeeding month that
said tobacco shall remain in said warehouses; but no charge for outage
shall be made upon said tobacco, and all money received from said
storage shall be credited to the warehouse receipts of the warehouse
in which said tobacco shall be stored, but no tobacco stored in said
warehouses under the provisions of this section shall be inspected in
said warehouses by any private inspector; and the said tobacco may
at any time be removed from said warehouse by the owner upon pay-
ment of the storage in the same manner as if said warehouse was a
private warehouse.
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