JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1801,

XXVIII. AND BE IT ENACTED, That if any note or notes of any inspector or inspectors be lost,
mislaid or destroyed, the person entitled to receive the tobacco by virtue of anyisuch note or
notes shall make oath, or affirmation, (as the case may be,) before a justice of the peace of the
county where the same is payable, to the mark, number and date of such note, to whom and
where payable, and for what quantity of tobacco the same 'was given, and that such note or notes
is lost, mislaid or destroyed, was first made by the party, and that such person, at the time s-uch
note or notes was lost, mislaid or destroyed, was lawfully and justly entitled to receive the to-
bacco therein mentioned, and shall take a certificate thereof from such justice, and upon pro-
ducing such certificate to the inspector or inspectors who signed such note or notes, 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 ail 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 fifty dollars 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 afore-
said, shall, upon conviction, be fined a sum not exceeding one hundred and fifty dollars, 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 fifty dollars for every hundred pounds of tobacco specified m 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 twenty 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.

CHAP.
LXIII.

Persons losing,
notes to make
oath, &c.

XXIX. AND BE IT ENACTED, That if any hogshead of tobacco shall be brought to any ware-
house 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 prises 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 ware-
house, the owner, or other person bringing the same, whose tobacco shall be first examin-
ed 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 afore-
said.

Owners may

make use of :
prizes, &c.

XXX. AND BE IT ENACTED, That no inspector or inspectors sliall 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 delivered to the owner, or other, person offering
the same for inspection, under the penalty of seventy-five cents.

Inspectors not
to convert sam-
ples, &c.

XXXI. AND BE IT ENACTED, That the justices of the levy 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 every such inspector, and immediately after transmit a
copy of the complaint, and of their proceedings thereon, to the governor and council and if the
inspector shall think himself injured by, the judgment of removal, he may appeal therefrom to the
governor and council, and they may, in a summary way, rehear the case, and displace such in-
spector, 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 council, who are hereby empowered to sum-
mon and compel the attendance of such witnesses as, may be necessary, or to order and direct
that .depositions shall be taken on ;such terms as they may prescribe, and they may rehear and
review the case, and continue or displace such inspector, and if not displaced, the person so ap-
pealing 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 recommenda-
tion 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 giyen for the same.

Justices to hear

complaints
&c..

XXXII. AND BE IT ENACTED, That the clerk of each county within this state, except the
counties herein before excepted, shall provide a well bound book, and record ; therein all the pro-
ceedings

Clerk to pro-
vide a book
&c