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Session Laws, 1935
Volume 579, Page 1275   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 1275

The tobacco graders shall be present when the hogshead
is uncased and the sample taken, and they may proceed at
once to grade the tobacco according to the grade estab-
lished by them under authority of Section 11 of this Arti-
cle, or may grade it in another part of the warehouse or
warehouses. The same procedure shall be followed with
respect to tobacco in warehouses other than the State
Warehouses, and it shall be the duty of the person or per-
sons taking samples from hogsheads in warehouses other
than the State Warehouses to notify the graders of the
time when and the place where samples will be taken. The
State Board of Agriculture shall have the right and power
to examine the work of the graders and to report the re-
sults of such examinations to the Tobacco Inspector.

It shall be unlawful for any sales agency or its repre-
sentative, to which tobacco has been consigned by the
owner for sale, to make any suggestions or objections as to
any particular bundle to be included or excluded from the
sample or to interfere or to try to use any influence in
regard to same; and any person violating this provision
shall, upon conviction, be subject to the penalty prescribed
by Section 53 of this Article.

23. The said committee of arbitration when duly con-
stituted 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 dam-
ages, if any, they may adjudge due by reason 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
tobacco shipped either to any point in the United States or
to any foreign country, shall be considered or allowed after
the expiration of nine months from the date of its inspec-
tion. Claims against the warehouses for unsound or dam-
aged tobacco shall be arbitrated as hereinabove provided
in connection with other claims, but no such claims shall be
considered or allowed after the expiration of six months
from the date of the inspection of such tobacco; provided,
however, that no damages shall be allowed if the inspection
label has a notation stating the contents of the hogshead
are unsound.

 

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Session Laws, 1935
Volume 579, Page 1275   View pdf image (33K)
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