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cost thereon, then such assignee shall pay over the same to the said debtor, his or her heirs, executors, administrators or assigns.
Sec. 19. Any person being the head of a family and residing with the same, who shall apply to a court of probate for a discharge from his debts, under the provisions of this chapter, shall be allowed the same amount of property as is exempt from execution, which shall be assigned and set apart to him by the probate justice.
Sec. 20. The probate justice of the peace is hereby authorized to allow every assignee, who shall be appointed under the provisions of this chapter, such compensation as shall be reasonable and just for the services.which he shall be necessarily called upon to perform, in the discharge of his duties as assignee.
Sec. 21. The probate justice of the peace shall be allowed the same fees for services rendered by authority of this chapter, as he is allowed for similar services in the court of probate, in addition to the sum of two dollars for the examination of each applicant for a discharge under this chapter, and one dollar for each discharge by him granted to such debtor as aforesaid.
Sec. 22. In case of the insolvency of any probate justice of the peace within this State, the same proceedings shall be had against him, before any county commissioner of the county, as are prescribed for other debtors by this chapter.
Sec. 23. Any debtor who shall be convicted of taking a false oath, under any of the provisions of this chapter, shall be deemed guilty of wilful perjury, and shall suffer the pains and penalties imposed by law therefor.
Sec. 24. Any debtor, who shall obtain a discharge under this chapter, and who shall have acted honestly and without fraud, shall forever after be discharged from imprisonment, on account of any debt or debts that he may owe at the time of obtaining such discharge, and that may be contained in the schedule required to be made by this chapter; and the certificate of the probate justice, of such discharge, shall protect such debtor from imprisonment, in all cases where any action may be brought against him for any such debt or debts as aforesaid.
APPROVED: March 3, 1845. [AMENDED :-See Appendix, Act No. 2.)
1. Warehouses may be kept in each county.
erect, on giving bond. 11. Inspector, how appointed; duty of; vacancies,
case of breach; oath; penalty.
and weighing of tobacco; form of receipt. 15. Tobacco refused, how disposed of; transferring
tobacco for re-inspection. 16. Fees, &c.; inspector's report. 17. Inspectors to store tobacco; liability for negli
ceed; loss of weight, &c.
their duties; compensation.
ted, and how regulated. 31. If tobacco not removed, how disposed of.
Section 1. Public warehouses may be kept at the several places which may be pointed out by the commissioners in each county, for an inspection of beef, pork, hemp, flour, tobacco, and all other articles of exportation necessary to be inspected.
Sec. 2. There shall be kept at the several warehouses that may be established, a good and sufficient pair of scales, sufficient to weigh eighteen hundred, at least, and a set of small weights, such as ought to be, according to the standard weight of the county, and that the proprietors of each warehouse provide the same.
Sec. 3. All beef, tobacco, hemp and flour, brought to any of the public warehouses, shall be viewed, inspected and examined, by two persons thereunto appointed by the county commissioners in each county; and it shall be the duty of the commissioners aforesaid, to appoint such inspectors, when in their opinion it may be thought necessary; and it shall be the duty of the aforesaid county commissioners to nominate three fit persons for inspectors at each of the several warehouses within their respective counties; the two first in the nomination shall be considered as the acting inspectors for the ensuing year; or in case of sickness, death or inability in either of the two first inspectors, the third shall be called in to decide on such articles subject to inspection; and the said commissioners shall have power, on complaint in writing being lodged in the office of the clerk of the county, at their first term after such notice to them given, to summon the inspector or inspectors before them, as the case may be, and as the county commissioners shall judge just; and said commissioners shall fill all vacancies which may happen at any time during the remainder of the year. Every such inspector, so appointed by virtue of this chapter, before he enters into the execution of his office, shall give bond with approved security, in the penal sum of two hundred dollars, payable to the Governor or his successors in office, conditioned for the true and faithful performance of his duty according to the conditions of this chapter; which said sum shall be recovered by action of debt before the circuit court, for any wilful or flagrant breach of duty; which bond shall be given and entered into before the county commissioners' court, and lodged in the clerk's office of the county.
Sec. 4. All inspectors to be appointed by virtue of this chapter, shall attend at the different warehouses for which they are appointed, on the application of any person who wishes to have his beef, pork, flour, hemp or tobacco inspected, Sundays excepted; and every inspector neglecting to attend as aforesaid, shall forfeit and pay to the person aggrieved, five dollars, to be recovered before any justice of the peace in the proper county. And the said inspectors shall inspect every article that comes within the purview of this chapter, in such a manner, that they may be fully satisfied, that each article so inspected shall completely answer in quality to the mark or brand by them made, which shall be marked on the barrel or hogshead, if flour, the letters S. F., for superfine, and the letter F., for fine, with the gross weight and net weight marked in figures on the said barrel : if tobacco, or pork, or beef, the weight in gross and net, marked on the head of said hogshead or barrel.
Sec. 5. The rate of inspection and storage of the several articles so inspected, shall be fixed by the several county commissioners at their first or second courts in every year.
Sec. 6. Each hogshead of tobacco shall weigh not less than nine hundred and fifty weight, or exceed eighteen hundred, net: and the barrel of four shall weigh one hundred and ninety-six pounds, net weight; each barrel of pork and beef shall weigh not less than two hundred pounds net weight each.
Sec. 7. It shall be the duty of the several inspectors, to enter in a book by them kept for that purpose, the mark, number and weight of the several hogsheads and barrels, by them inspected, together with the name of the inspector and warehouse where each inspection was had.
Sec. 8. Each and every inspector appointed by virtue of this chapter, before they enter on the duties of their respective offices, shall be sworn before the clerk of the commissioners' court, by which they were appointed, that they will faithfully discharge the duties of their ollice, without favor, partiality or affection.
Sec. 9. It shall be the duty of the several inspectors to furnish the owner or proprietor of any of the above mentioned articles, with a certificate, the mark, number and weight of the several articles by them inspected.
Sec. 10. It shall be the duty of the county commissioners' courts in the several counties within this State, from time to time, to authorize the erection of warehouses for the reception and inspection of tobacco, at such places within their respective counties as they may deem necessary and proper. And they shall, moreover, require the person or persons who shall apply for permission to erect the same, to give bond, with sufficient security, in a reasonable penalty, payable to the county commissioners of said county or their successors in office, for the benefit of the county, with condition to erect such strong and substantial house or houses, as will contain at least one hundred hogsheads of tobacco, and as many more as the said county commissioners may think necessary, and also to keep the same in repair as long as it shall continue a public warehouse.
Sec. 11. All tobacco which shall be brought to any of the warehouses, established as hereinbefore directed, shall be received, inspected and examined by one person, to be thereunto appointed, who shall be called Inspector, and who shall be appointed in the following manner, to-wit: The county commissioners of the several counties wherein any warehouse or warehouses shall be established according to the provisions of this chapter, shall, and they are hereby authorized and required, once in every year, at the first term of their courts, or at the next succeeding term, to appoint a person of honest character, and reputed to be skillful in tobacco, as inspector for each and every warehouse within their respective counties : and in case of death, resignation or removal of any person so appointed, the said county commissioners shall, at the next succeeding term, upon notice of such death, resignation or removal, appoint a person, qualified as aforesaid, to act as inspector for that inspection, where the vacancy shall have occurred, until the next regular appointment of inspectors, and every inspector shall continue in office until a successor is appointed : Provided, That the county commissioners' court may, if they deem it necessary, appoint one additional inspector to each and every public warehouse within the county.
Sec. 22. Every person who shall be appointed inspector by virtue of this chapter, shall, before he enters upon the duties of his office, give bond, with sufficient security, in the penalty of not less than one thousand dollars, at the dis
cretion of the county commissioners' court, payable to the said county commissioners, or to their successors in office, for the benefit of the county, with condition for the true and faithful performance of his duty while he continues inspector according to the provisions of this chapter; which bond shall be filed in the clerk's office of the county commissioners' court, and the county treasurer shall commence suit for the recovery of the above penalty, against every inspector failing to discharge the duties of his office, agreeably to the provisions of this chapter, before any tribunal having jurisdiction thereof, within two months after notice of such failure, under the penalty of five hundred dollars. And every inspector shall also take the following oath or affirmation, in open court, at the time he executes his bond, to-wit: “You do solemnly swear, (or affirm, as the case may be,) that you will diligently and carefully view and examine all tobacco brought to the warehouse, whereof you are appointed inspector, and that you will not receive or pass any tobacco which is not in your opinion sound, well conditioned, merchantable and free from trash; and that in classing the same, you will, according to your best skill and judgment, make a true and correct discrimination between the first and second qualities; and that you will not receive, pass or stamp any hogshead or cask of tobacco, contrary to the true intent and meaning of the laws in such case made and provided, nor refuse any tobacco that in your judgment is sound, well conditioned and merchantable, and free from trarh; and that you will not change, alter or give out any tobacco, other than such hogsheads or casks, for which the receipt to be taken was given, but that you will in all things well and faithfully discharge your duty in the office of inspector, according to the best of your skill and judgment, and according to law, without fear, favor or affection, malice or partiality: So help you God.” And if any person shall presume to execute his office of inspector, before he shall have given such bond and taken such oath aforesaid, he shall forfeit and pay
five hundred dollars for the use of the county.
Sec. 13. The inspectors of tobacco shall attend at their respective warehouses whenever called on, (Sundays and sickness excepted,) by any shipper or raiser of tobacco, to deliver out for exportation such tobacco as remains in the warehouse, and to inspect any tobacco brought to said warehouse; and every inspector neglecting to attend when requested, as aforesaid, shall forfeit and pay to the party aggrieved, fifty dollars for every neglect, or be liable to an action on the case, at the suit of the party aggrieved, to recover all such damages as he or they shall have sustained by any such neglect.
Sec. 14. That all persons having tobacco at a public warehouse, may have equal justice, the inspector shall enter in a book, to be kept for that purpose, the marks and owners' names of all tobacco brought to their respective warehouses for inspection, in the order in which the same shall be brought in; and such inspector shall view and inspect the same, in due time, as it shall be entered in such book, without favor or partiality, and shall uncase and break, in not less than two places, every hogshead or cask of tobacco brought in to be inspected as aforesaid : and if he shall find the same to be good, well conditioned, merchantable and free from trash, he shall then determine whether such tobacco is of the first or second quality, shall weigh the same in scales, with weights of the lawful standard, and shall stamp or mark with a scoring iron, the hogshead or cask, with the name of the owner and of the person by whom raised, (if known,) the name of the warehouse at which inspected, and also the tare of the hogshead or cask, the quantity of net tobacco therein contained, and whether the same is of first or second quality: he shall also
issue a receipt for each hogshead of tobacco he shall pass, if requested by the owner, which receipt shall be in the following form, to-wit : "At warehouse, county of this received of
hogsheads of leaf or stemmed (as the case may be) tobacco, of the first or second quality, (as the case may be,) number, mark and weight, as follows:
to be delivered to the said or order for exportation, when demanded. Witness
hand : And no inspector shall presume to issue, under any pretence whatsoever, a receipt for tobacco, other than such as shall be printed or written in a plain hand, and according to the above form, under the penalty of one hundred dollars, recoverable by any person who will sue for the same.
Sec. 15. When any tobacco shall be refused by the inspector, the proprietor thereof shall be at liberty to separate the good from the bad for re-inspection, but if he refuse so to do, then it shall be the duty of the said inspector to weigh, prize and cooper up the same, and mark the gross weight on each cask, and take care of and deliver the same to the owner, for which the inspector shall receive one dollar for every hogshead so delivered, in addition to the inspection fees hereinafter mentioned : And for the prevention of fraud, the inspector shall grant a manifest or certificate for each hogshead of tobacco so refused, coopered and delivered, specifying the weight of the same, and that the same had been inspected and refused : and if any person shall sell refused tobacco, or manulacture the same without such manifest, he shall forfeit and pay the sum of fifty dollars for every hogshead so sold or manufactured, one-half to the person suing for the same, and the residue for the benefit of the county in which the offence shall be committed: but it shall be lawful for any person having a hogshead of tobacco refused, to
the the manifest, to any other warehouse, and the inspector thereat, upon viewing the tobacco, if he esteem it of good quality, first destroying the manifest, he may grant a receipt, as is herein before directed, or shall grant another manifest, (for which one dollar shall be paid,) expressing the review, and that it was the second time refused ; after which second refusal, the owner shall not be permitted to carry
the tobacco to any other warehouse for re-inspection, but may either have the same picked, or sell the same as refused tobacco, accompanying it with the manifest.
Sec. 16. Every hogshead of tobacco inspected at any of the warehouses established by virtue of this chapter, the planter or owner of the same shall pay to the inspector fifty cents, whether the same shall be passed or refused, and pay for every hogshead shipped from any of the warehouses aforesaid, the shipper, or exporter, when he demands the same for exportation, shall pay the inspector the further sum of one dollar, in full for coopering and storage for the first three months, and for each and every month thereafter the same remains in the warehouse, he shall be entitled to twenty-five cents, to be paid when the tobacco is taken away; and the said inspector, out of the money arising from inspection and shipment of tobacco, shall, in the first instance pay to the owner or proprietor of the warehouse, seventyfive cents for every hogshead received thereat, as rent for said warehouse, and shall retain the residue for his own compensation : Provided, Such compensation shall in no case exceed two hundred dollars per annum: and whenever the net profits of any warehouse shall exceed the sum necessary for paying the sums aforesaid,