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Session Laws, 1916
Volume 534, Page 619   View pdf image (33K)
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EMERSON C. HARRINGTON, GOVERNOR. 619

22. Whenever any dispute shall arise concerning the cor-
rectness of any sample furnished by the inspector of tobacco
under the seal of the. State said controversy shall be referred
to a committee of arbitration consisting of three persons to be
selected, as follows: one thereof shall be selected by the inspec-
tor with- the approval of said Board, one thereof shall be
selected by the claimant or claimants or his or their agents,
and the two thus selected shall select the remaining member
of said committee; provided, however, that no person shall be
so selected, or if selected shall be competent to serve as a mem-
ber of any committee of arbitration who shall have a direct or
indirect interest in the tobacco in controversy.

23. The said committee of arbitration when duly consti-
tuted and appointed shall fully examine and investigate all the
facts concerning the subject in controversy before them, and to
that end they shall have power to send for persons and papers,
to compel the attendance of witnesses, to administer oaths, and
to examine witnesses on oath; they shall determine all questions
which may be submitted to them by a majority vote, and shall
assess whatever damages, if any, they may adjudge due by rea-
son of any false or erroneous inspection, and from their finding
or award there shall be no appeal; all damages shall be assessed
upon the basis of the market value of the particular grade of
tobacco on the date of the reclamation; and no claims on to-
bacco shipped to any point in the United States shall be con-
sidered or allowed after the expiration of six months from the
date of its inspection, nor after the expiration of nine months
from the date of its inspection, if shipped to any foreign coun-
try; nor shall any claim be allowed upon tobacco which shall
have changed by fermentation.

24. The inspector shall pay the amount of any award
made in writing and under seal by any committee of arbitra-
tion duly constituted, as heretofore provided, to the party or
parties thereto entitled, within thirty days after the date
thereof, and shall take the receipt of the claimant or his agent
for the same, which said receipt together with said award
signed and sealed by said committee of arbitration, or a ma-
jority of them, shall be returned by the inspector to the Comp-
troller of the Treasury in the inspector's next ensuing report
thereafter and shall be a voucher for money expended.

25. If any inspector upon examination of any hogshead of
tobacco has reason to suspect that the same is trash or false
packed, he shall cause the same to be shaken out and repacked,

 

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Session Laws, 1916
Volume 534, Page 619   View pdf image (33K)
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