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the surplus shall be paid into the county treasury by the said inspector, for the benefit of the county. And every inspector shall, once a year, at the March term of the county commissioners' court of his county, return to the said county commissioners' court a statement of the number of hogsheads of tobacco received at his warehouse during the year, the number passed, and the number refused, and the number delivered for exportation ; and shall account to said county commissioners' court for all moneys received by virtue of his office, and all disbursements made; and if any inspector or keeper of a warehouse, shall make a false return, he shall be liable to indictment, and on conviction, shall pay a fine, double the amount so kept back and not accounted for, to go to the use of the county.
Sec. 17. Every inspector shall store away and secure every hogshead of tobacco which he shall have inspected during the day; and shall, in case of negligence, be liable to the action of the proprietor of such tobacco, for all damages accruing thereto, by reason of such negligence.
Sec. 18. When any new inspector shall be appointed at any warehouse, such inspector shall, and he is hereby required to give to the person whom he shall succeed in office, a receipt under his hand, containing the numbers, marks, gross, tarc and net weight of all and every hogshead or cask of tobacco, which shall be then remaining at the warehouse at which he is appointed inspector ; with the delivery of which hogsheads or casks of tobacco, so remaining, he shall thenceforth be chargeable and liable, but he shall in nowise be accountable for the loss of weight or quality of tobacco, contained in any hogshead or cask, for which receipt was given by him as aforesaid : and if any hogshead or cask of tobacco be hereafter received by any person whomsoever, and delivered out of any warehouse for exportation by the inspector attending the same, such inspector, from the time of such delivery, shall be forever discharged and acquitted from all actions, costs and charges for, or by reason of the tobacco contained in any such hogshead or cask being unsound and unmerchantable, or of less quantity, or of different quality from that specified in the receipt given for the same, any thing herein contained to the contrary notwithstanding.
Sec. 19. Inspectors of tobacco at the several warehouses in this State, shall, immediately on the delivery of every hogshead or cask of tobacco, at the warehouse whereof they are respectively inspectors, give a receipt for such tobacco, if required by the proprietor, or the person bringing the same to the said warehouse, expressing therein that the same is for uninspected tobacco : every inspector refusing so to do shall forfeit and pay to the owner of said tobacco, tive dollars : Provided, Such delivery is made during the time inspectors are compelled to attend their warehouses.
Sec. 20. If any inspector's receipt shall be casually lost, mislaid or destroyed, the person or persons entitled to receive the tobacco, by virtue of any such receipt, shall make oath before some justice of the peace of the county where the same is payable, to the number and date of such receipt, to whom and where payable, and for what quality of tobacco the same was given, and that such receipt is lost, mislaid or destroyed, and that he, she or they, at the time such receipt was lost, mislaid or destroyed, was lawfully entitled to receive the tobacco therein mentioned ; and shall take a certificate thereof from such justice, and shall advertise the loss of such receipt at the court house of the county in which such inspection may be, on the court day, and at the inspection where the tobacco was bought, for four weeks successively, and shall moreover give bond, with sufficient security to indemnify
the inspector from loss by the claim of the person who may thereafter produce the original receipt, within twelve months after the notice given of the loss thereof; whereupon the inspector shall grant a duplicate of the same receipt to the person or persons entitled to receive the tobacco by virtue of the original receipt, and not otherwise; which receipt shall be signed as duplicate: the bond so taken shall be assignable by the inspector taking the same to the person producing the original receipt, who may maintain an action of debt thereupon, and such assignment shall exonerate the inspector from any claim or demand against him, by virtue of the original receipt: Provideil, nevertheless, That if the principal and security should, at the time of taking such bond, be insufficient, then in that case, the inspector shall be responsible for the value of the tobacco to the person producing such original receipt; and if any person shall be convicted of making a false oath or procuring a false certificate, in the case aforesaid, such person shall suffer as in cases of wilful and corrupt perjury.
Sec. 21. Every inspector shall carefully enter in a book to be kept for that purpose, the marks, numbers, gross, tare and net weight of all tobacco, viewed and stamped by them as hereinbefore directed, and on what vessel or boat, the same shall have been shipped ; and shall also, with every vessel or boat load of tobacco, send a list of the numbers, marks, gross, tare and net weight of every hogshead or cask of tobacco then delivered, to be given to the master of the boat or vessel, in which the same shall be shipped.
Sec. 22. All stemmed tobacco not laid straight, whether the same shall be packed loose or in bundles, shall be accounted unlawful tobacco; and no tobacco packed in hogsheads, which exceed fifty-four inches in the length of the stave, or thirtysix inches at the head, within the crow, making reasonable allowance for prizing (which allowance shall not exceed two inches above the gauge) in the prizing head, and which shall be bound with eight hoops, shall be passed or received ; but the owner of such tobacco, packed in hogsheads or casks of greater dimensions than above expressed, shall be obliged to repack the same in sizable casks, before the same shall be passed or stamped by the inspector ; nor shall any hogshead be so passed or stamped, unless the net weight thereof shall be at least eight hundred pounds.
Sec. 23. Any inspector who shall alter, change or deliver out any hogshead of tobacco, other than the one for which the receipt to be taken in was given, shall forfeit and pay one hundred dollars for every hogshead so altered, changed or delivered out; and if any inspector shall fail or refuse to deliver any hogshead of tobacco, when the same shall be demanded for exportation, or shall deliver such tobacco without an order from the owner thereof, he shall, in either case, forfeit to the owner double the value of the tobacco which he shall so refuse to deliver, or deliver wrongfully.
Sec. 24. Any inspector who shall take, accept or receive, directly or indirectly, any gratuity, fee or reward, for any thing so done, in pursuance of this chapter, other than the payments and allowances hereinbefore mentioned and expressed, upon being convicted thereof, shall forfeit and pay the sum of one hundred dollars, to be recovered with costs, to the use of the county wherein the offence shall have have committed, and shall, moreover, be removed from oífice: and if any person shall offer
any bribe to any inspector, for any thing by him to be done in pursuance of this chapter, other than the payments and allowances hereinbefore mentioned and expressed, such person so offending, upon being thereof convicted, shall forfeit and
pay one hundred dollars, for the use of the county wherein the offence shall have been committed.
Sec. 25. Any person who shall alter or change the face of a note for passed or refused tobacco, or who shall alter or cause to be altered, the stamps or marks on any hogshead of inspected tobacco, whether passed or refused, shall be deemed guilty of forgery, and punished as in other cases of forgery.
Sec. 26. Any person who shall erect a warehouse in pursuance of this chapter, shall, in addition to the requisitions hereinbefore mentioned, be required to erect a strong and sufficient prize within the same, and also to provide a pair of strong scales, or patent balances, and correct weights, to weigh at least fifteen hundred pounds.
Sec. 27. The county commissioners' courts of counties wherein one or more warehouses shall be erected, shall, at the term whereat the appointment of inspector is made, appoint a discreet householder, of ability and integrity, to act as commissioner of warehouses for one year, whose duty it shall be to see that the warehouses in his county are kept in good repair, that proper scales and weights are provided, kept in repair, examined and compared with the standard weights of the county ; once in six months, at least, to visit every warehouse in his county, and see that the tobacco therein is properly stowed away and secured, and that the inspectors diligently discharge their duties; and if he shall discover in any inspector, any negligence or breach of his duty, he shall report the same to the county commissioners' court at the next term thereof; whereupon said inspector shall be
proceeded against according to law; and the commissioner so appointed shall be allowed two dollars for every day he shall be necessarily employed in performing the duties prescribed by this chapter, to be paid out of the county treasury: Provided, That such compensation shall not exceed thirty dollars in one year.
Sec. 28. The inspectors of tobacco shall be, and they are hereby exempted from militia duty, except in case of actual invasion and insurrection, and also from serving on juries.
Sec. 29. All penalties and forfeitures in this chapter contained, the mode of recovery
and application of which are not specially set forth, shall be recovered by action of debt at the suit of the county treasurer, and shall be applied to lessening the county tax.
Sec. 30. If before the erection of a public warehouse in any county, the quantity of tobacco raised or brought therein shall, in the opinion of the county commissioners' court, require the appointment of one or more inspectors, the same shall be appointed, and when appointed may proceed to examine and inspect any tobacco which may be lodged in any private warehouse, and shall pass or refuse the same, and do all other acts that are required by this chapter, in case of inspection in public warehouses, and such inspection shall be to all intents and purposes legal. The owner of such private warehouse shall not suffer any tobacco to be removed after inspection, unless by order of the inspector, who shall have as complete control over the same as if it were stored in a public warehouse, and shall be responsible in the same manner to the owner thereof; and any proprietor or owner of a private warehouse in which tobacco has been inspected and stored, who shall deliver or suffer the same to be removed without an order from the inspector, as aforesaid, shall forfeit double the value of the tobacco so delivered or suffered to be removed, to be recovered by the inspector for the benefit of the owner of such tobacco : Provided, That there shall be no tobacco inspected in a private warehouse, where
there is a public one erected in the same county, and prepared for the reception and inspection of tobacco: Provided, also, That it shall be lawful for any citizen of this State, who wishes to export tobacco without inspection, to do so, any law to the contrary notwithstanding.
Sec. 31. If the owner of any tobacco, deposited in any warehouse, shall suffer the same to remain there for a longer time than two years, without paying the fees for storage and keeping the same, it shall and may be lawful for the inspector or keeper of the warehouse to advertise the same, either in some newspaper, the nearest printed in the State, or by setting up six advertisements in writing, in the most public places in the county, for six weeks previous, fairly to expose and sell the saine for the best price that can be had in cash, and the overplus, if any, after paying all sees and costs, to be returned to the owner, if called for within five years from the day of sale; if not called for, the same to go to the county: and if any person shall suffer any property other than tobacco to remain in any warehouse established under this chapter, or any public or private warehouse now established, or which may hereafter be established, for a longer term of time than fifteen months from the time of depositing the same, without paying the fees for storage, the keeper or inspector may, in like manner advertise and sell the same, for what the same will bring in cash; and the surplus, if any, to be paid over to the owner or county as above stated.
APPROVED: March 3, 1845.
1. Interest fixed at six per cent.
on balances due on settlement of accounts, and
on money withheld.
been taken, defendant may recover costs, and
6. Further provisions and penalties.
suit be brought within two years.
may vote to take interest on school moneys loaned at a rate of interest from eight to twelve per cent.
SECTION 1. The rate of interest upon the loan or forbearance of any money, goods or things in action, shall continue to be six dollars upon one hundred dollars for one year, and after that rate for a greater or less sum, or for a longer or a shorter time.
Sec. 2. Creditors shall be allowed to receive at the rate of six per centum per annum, for all moneys after they become due on any bond, bill, promissory note or other instrument of writing; on any judgment recovered before any court or magistrate authorized to enter up the same within this State, from the day of singing judgment until the effects be sold, or satisfaction of such judgment be made; likewise, on money lent, on money due on the settlement of accounts from the day of
liquidating accounts between the parties, and ascertaining the balance; on money received to the use of another, and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay of payment.
Sec. 3. No person or corporation shall, directly or indirectly, accept or receive in money, goods, discounts or things in action, or in any other way, any greater sum or greater value, for the loan, forbearance or discount of any money, goods or things in action, than as above described.
Sec. 4. Whenever, in any action brought on any contract or assurance, for the payment of money, or any other thing, it shall appear to the court before which such action shall be tried, by the pleading on the case, and on application of the defendant, that a greater rate of interest shall have been directly or indirectly reserved, discounted or taken, than is allowed by this chapter, the defendant shall recover his full costs, and the plaintiff shall forfeit three-fold the amount of the whole interest reserved, discounted or taken, and shall have julgment and execution for the balance only, which may remain due upon said contract or assurance, after deducting three-fold the amount of said interest, one-third part of which shall be paid to the defendant, and the remaining two-thirds shall be paid into the county treasury of the county in which such suit shall have been instituted.
Sec. 5. If any person or corporation shall, directly or indirectly, contract to accept or receive in money, goods, discounts or things in action, any greater sum or greater value, for the loan, forbearance or discount of any money, goods or things in action, than is prescribed by this chapter, he, she or they shall forfeit and pay to the person suing for the same, three-fold the amount of the whole interest so contracted, to be reserved, discounted or taken: Frovided, Said suit be not commenced by either of the contracting parties; and if so, then the amount so recovered shall be paid into the county treasury of the county where such suit shall have been instituted.
Sec. 6. Every person, who for any such loan, discount or forbearance, shall pay or deliver any greater sum or value than is above allowed to be received, and his personal representatives may recover in an action against the person who shall have taken or received the same, and his personal representatives three-fold the amount of the money so paid, or value delivered above the rate aforesaid, either by an action of debt in any court having jurisdiction thereof, or by bill in chancery in the circuit court, which court is hereby authorized to try the same: Provided, Said action shall be brought, or bill filed within two years from the time when the right thereto accrued.
Sec. 7. In the trial of any action wherein it shall appear by the pleadings, that the fact of usury shall be put in issue, it shall be lawful for the debtor, the creditor being alive, to become a witness, and his testimony shall be received as evidence, and the creditor, if he shall offer his testimony, shall be received as a witness, together with any other legal evidence that may be introduced by either party.
Sec. 8. Any township in this State, having school, college or seminary funds to loan, may hereafter loan the same, at any rate of interest not less than eight per cent., nor more than twelve per cent. per annum ; the rate to be fixed by a majority of the legal voters of said townships respectively, who shall, at every election for township trustees, vote the rate of interest at which said fund shall he loaned, until their next election for trustees, any law to the contrary notwithstanding.
APPROVED: March 3, 1845.