of this act, he shall plug up the hole and brand the cask in the quarter with the name of the place in which he is inspector, with a public brand-mark, to be by him provided, and shall brand and mark the degree of fineness which he shall determine the same to be of; which degree shall be distinguished as follows; to-wit, superfine, fine, middling, shipstuff. For which trouble, the inspector shall receive from the owner of such flour, five cents for each cask. And no inspector shall pass any flour which shall prove on examination to be unmerchantable, agreeably to the true intent and meaning of this act, but shall cause the same to be marked on the bilge condemned,' or leave it for further examination, if required; which examination the owner shall procure to be made within twenty days; and the inspector may demand and receive from the owners thereof, the same rate and prices as if the same had been passed. And it shall not be lawful for any person to export, or lade on board of any vessel for exportation out of this state, any barrel of flour marked condemned' by an inspector; or to export or lade on board of any vessel for exportation out of this state, any casks of flour not inspected and branded as aforesaid, on pain of forfeiting ten dollars for every cask of flour so exported or put on board.

If any person shall pack flour or meal of any kind whatever in any cask which has been inspected and branded with the name of the miller, such person shall forfeit twenty dollars for every barrel so packed for sale, one-half to the use of the informer, the other half to the miller who has been injured by such false packing, and be further liable to the action of the party aggrieved.

Every inspector of flour, before he enters on the execution of his office, shall take an oath or affirmation ;-for which, see Oaths.

No inspector of flour shall, directly or indirectly purchase any flour by him condemned, or any other flour whatsoever, other than for his own use, under the penalty of seven dollars for every barrel by him purchased.

If any person shall alter the mark branded on any cask of Hour by an inspector; or shall mark or brand any cask of flour which has not been inspected, with any mark or brand similar to, or in imitation of any inspectors mark or brand; or after an inspector shall have passed any cask of flour as merchantable, shall pack into such cask any other flour; or after such cask of flour shall be branded condemned,' shall unpack and repack the same in other casks for exportation, such person shall forfeit seven dollars for every cask.

The courts of the several counties in which the before mentioned places are situate, may, upon conviction, at any time remove from office any inspector of flour, for neglect of duty, malfeasance, or corrupt practices, and appoint another for the -residue of the year.

Each penalty by this act imposed (except that which is given one-half to the informer and the other half to the miller) may be recovered in an action of debt, before any, jurisdiction having cognizance thereof, to the use of the person suing for the same.

By acts of 1811, c. 2, whenever any person may think himself aggrieved by the improper decision of any inspector of flour, the owner or his agent may secure it for further examination; which examination he shall cause to be made within sixty days, by applying to a justice of the peace; whose duty it shall be to issue a warrant directed to three indifferent persons well skilled in the manufacture of Hour; one of whom shall be named by the possessor of the flour, one by the inspector, and the third by the magistrate ;-which three persons, having first taken the oath or affirmation prescribed for inspectors of flour, shall proceed to examine said flour. And if they, or any two or more of them shall differ in opinion with the inspector as to the quality of the flour, it shall be the duty of the inspector to brand and mark the same according to their judgment; and moreover, shall pay all costs attending said examination. But if they shall be of opinion that the judgment of the inspector is correct, the owner or possessor of said flour shall pay costs.

An inspector, in case the quantity of flour be too great for him to examine with sufficient despatch, or in case of his inability from sickness, may appoint one or more persons of good repute and skill in the quality of flour, to assist him. Such assistants having taken the oath prescribed, are authorised to inspect and brand flour in the same manner as the inspector himself may do. Provided. that the said inspector shall be liable for the misconduct of his deputies, and for cost in cases of appeal as aforesaid.

If any master, owner, or commander of any ship, vessel, boat, or craft, shall receive any barrel of flour on board his vessel, boat or craft, for exportation, or transportation from one town or port, being a place of inspection, to another, which is not inspected, approved, and branded, as in the aforesaid act is directed, shall forfeit five dollars for each cask so received, recoverable in action of debt, before any

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jurisdiction having cognizance thereof, to the use of the person suing for the same. But see acts of 1813, c. 5, post.

Any cask of flour which has been inspected and branded at any one place of inspection in this state, shall not be subject to re-examination or inspection in another, unless after such inspection it shall have remained for the space of sixty days before it is exported. And in all cases, the certificate of the inspector shall be conclusive evidence of the time when the flour was inspected.

No inspector of flour within this state, or their deputies, shall directly or indirectly vend, barter, sell, exchange, or trade in flour, bread, or other articles made of flour, under the penalty of 100l. to be recovered by action of debt or plaint, by any person who will sue for the same to effect, in any court of record in this state the one-half to the use of the person suing, and the other half to the use of the state. And every person so offending and thereof convicted, shall be disabled from acting thereafter in their respective offices.

The county courts in the several counties in this state, from which flour is or may hereafter be exported, are authorised to appoint inspectors of flour for exportation, who shall be governed by the same rules, and subject to the same penalties as other inspectors of flour are by law.

By acts of 1811, c. 9, the justices of the courts of pleas and quarter sessions for the several counties recited in the act of April 1784, c. 26, are authorised and required to appoint, in open court, one or more persons, residing in said county, to inspect the article of ton timber; and every inspector so appointed, before he enters upon the execution of his office, shall give bond with sufficient security, under the same rules, regulations, penalties, and restrictions as are laid down in the before recited act, and shall be entitled for his services, to ten cents per ton.

If any person shall officiate as inspector of any article mentioned in the above recited act, without being legally qualified, he shall for every offence, forfeit thirty pounds to the use of the county in which such person resides.

By acts of 1813, c. 5, within twenty days after the first day of January next, the governor shall appoint two persons of good repute, and who shall be skilful judges of flour, to act as inspectors of flour in Fayetteville, and one person of like character to act as inspector of flour in the city of Raleigh. Each of which said inspectors having taken the oath prescribed by law for his qualification, shall have power to inspect flour, and brand the casks containing the same, under the same rules,

regulations, and restrictions as are prescribed for inspectors of flour in this state. And the said inspectors shall be removable by the governor for the time being, for proper cause to him shown.

From and after the passing of this act, it shall be lawful for the master, owner, or commander of any boat or craft, to receive on board his boat or craft for transportation from Fayetteville to Wilmington, any barrel or barrels of flour not inspected and branded; any thing contained in any law hereto. fore passed to the contrary notwithstanding.

That the several degrees of flour shall in future be distinguished as follows; to wit, superfine, fine, and cross-middling. And it shall be the duty of inspectors of flour at the several places of inspection in this state, to conform their inspection as near as may be to the inspection of flour observed and in use in the adjacent states.

Each inspector shall receive from the owners of flour by him inspected, five cents for each cask, and no more.

INTEREST.

The lawful interest upon debts in this state is six per cent per annum. And all bonds, bills, notes, bills of exchange, liquidated aud settled accounts signed by the debtor, bear interest from the time they become due, unless it be otherwise expressed in the said writings. And if they express to be payable on demand, interest accrues only from an actual demand made by the creditor, his agent, or attorney, or from the commencement of a suit. But if no time be expressed for the payment, and the words "on demand" be not used the money is due immediately, and interest runs from the date, without demand.

All securities for the payment or delivery of specific articles bear interest as monied contracts. The articles to be rated at the time they become due.

In all actions for money due by contract made subsequent to the act of 1807, c. 12, except on penal bonds, it is the duty of the jury to distinguish by their verdict, the sum due as principal from the sum allowed for interest ;-which principal shall carry interrst from the time of the judgment until it shall be paid. And the judgment shall be rendered accordingly.

In a suit on a single bond, a covenant for the payment of money, a bill of exchange, a promissory note, or a signed account, to which the defendant does not plead to issue, it shall be law

ful, upon judgment, without a writ of enquiry, for the clerk of the court to ascertain the amount of interest due by law; and the said amount shall be included in the final judginent of the court, as damages; which judgment is to be rendered as last abovementioned.

All judgments given by a justice of the peace shall bear ininterest on the original sum until the same shall be actually paid or otherwise settled.

JURORS.

At the first term of the county courts of pleas and quarter sessions after the first day of January, 1807, and once at least in every two years thereafter, every of the said county courts shall cause the jury lists to be made up from the tax returns for the preceding year, which tax returns shall be furnished by the clerk of the court, whenever thereto required by said court And the justices attending at such court, shall cause to be transcribed therefrom, the names of all such persons as are by law qualified to serve as jurors, (excepting those who from age, infirmity, or from any other cause, may be unfit to serve as jurors) whose names shall be written on small scrolls of paper of equal size and put into a box to be procured for that purpose, which shall have two divisions, marked "No. 1 and 2," and two locks; the key of one to be safely kept by the sheriff of the county, the other by the chairman of the county court; and the box by the clerk of said court. And the justices at each and every session of their said court, which shall happen next preceding the superior court of the said county, shall cause to be drawn from the said jury box, out of the partition marked “No. 1," by a child not more than ten years of age, thirty persons, who shall serve as jurors at the next succeeding superior court to be held for said county. Provided always, that whensoever the county court of such county shall be held within fifteen days of the sitting of the superior court of the same, then the court preceding such county court, shall draw the jury as aforesaid. And provided further, that in case any of the jurors so drawn shall have a suit pending and at issue in the superior court, the several scroll or scrolls with his or their name or names, shall be returned into the partition" No. 1," of the jury box; or if any of the said persons so drawn shall be dead, or removed out of the county, the said scrolls with their names, to be destroyed, and other jurors shall be drawn in their stead. And the