TIT. 8. A. A. 1789. P. L. 480-1. [Tobacco.] missioners. and marked, and securely stored in the said warehouse or warehouses, there to remain until demanded for exportation. 17. The commissioners herein after mentioned, shall provide a good and secure close house or houses for packing away all loose or small parcels of tobacco that may be brought for Duty of com- inspection, and for picking tobacco therein; and the inspectors are hereby directed and required to receive all such parcels of tobacco that may be brought to them, and if found good and merchantable, they shall weigh and tare the same packed up in the aforesaid house or houses, for which they shall give to if merchanta- the owner a note in the same manner as is directed by this act for the inspections in the country. Duty of inspectors to weigh and tare tobacco, ble. Duty of commissioners. Price of in. spection. Penalty on those who take other 18. The commissioners herein after mentioned, are hereby authorized and empowered to appoint two inspectors for the city of Charleston, and as many pickers as they or a majority of them may think necessary for picking tobacco, and after the tobacco is picked and separated from the trash, the trash shall be burned as this act directs. 19. The commissioners herein after mentioned, shall and they are hereby required to provide good and sufficient scales and weights, prizes or screws, at the aforesaid warehouse or warehouses, for the use of the inspectors, and a sufficient number of hands for coopering, packing, storing and delivering all the tobacco that may be brought to said warehouse or warehouses, and on failure so to do, they or the persons contracted with to do the same, shall forfeit and pay the sum of fifty pounds for every such neglect, to be recovered in any court of law having jurisdiction thereof within this state, one half for the use of the state, and the other half to the person or persons informing and suing for the same. 20. The commissioners herein after named, are hereby authorized and empowered to take and receive the sum of seven shillings for each and every hogshead of tobacco when delivered out of their respective warehouse or warehouses for exportation to be paid by the exporter, which money arising shall be applied by the said commissioners towards paying the inspectors' salaries and cooperage in the first place, and the surplus of said money shall be by them applied to the purpose of erecting proper warehouses, and all necessary buildings and utensils, upon such lot or piece of ground as shall be purchased for the permanent inspection of tobacco in or near Charleston, until the building so to be erected on the ground which shall be purchased for the permanent inspection of tobacco in or near Charleston shall be completed. 21. If the commissioners, inspectors, coopers, packer or packers, shall take any other fee, gift or gratuity, from plantfees than what er or merchant than is allowed by this act, he or they shall are allowed by pay to the party aggrieved ten shillings for every shilling so taken, to be recovered before any justice of the peace in this state, with costs of suit. this act. Inspectors 22. The inspectors and pickers shall before entering into and pickers in their office, take and subscribe the same oaths or affirmation Charleston to as the inspectors in the country are required to do, and shall and be under give the same kind of notes for tobacco, and manifests for take an oath rules. shipping, and be under the same rules and regulations; and TIT. 8. the commissioners herein after mentioned shall and may have and exercise, and they are hereby vested with the same power A. A. 1709. and authorities as the commissioners in the country, any law, P. L. 481. usage, or custom to the contrary notwithstanding, [Tobacco.] Commission. ers for Char 23. Every tobacco hogshead shall be made of good well-seasoned timber, the staves not exceeding four feet two inches in leston to have length, and the outside of the head shall not exceed thirty- same power as three diameter, and shall be branded with the initials of the those in the name of the maker or owner of the tobacco, and when brought country: Dimensions of to any of the aforesaid inspectors in the country, the inspec- staves. tor or inspectors shall cause the cask to be stripped off, weigh- Hhd. how to ed and marked, the tobacco carefully examined, broke, and be branded. samples drawn out in as many places as the inspector or in- Tobacco exaspectors think necessary, (not less than two) and if the to- mined; bacco be found good, sound and merchantable, he shall cause the hogshead to be put on, coopered, and headed up in a secure and merchantable manner, at the owner's expense, for up. which the inspector or cooper, finding nails, shall charge the Fee thereon. sum of one shilling and six pence, and no more: Provided, Proviso. where any person or persons chuse to cooper their own hogsheads, they shall be at liberty so to do, and shall be allowed the immediate use of a prize or screw for that purpose, without fee or reward, and every hogshead so examined and weighed, containing not less than nine hundred and fifty pounds of nett tobacco, shall be deemed a merchantable hogshead, and tender in all tobacco payments. a And coopered and headed Hogshead must weigh 950 wt. 24. Where any hogshead or parcel of tobacco shall be brought Bad tobacco to any of the aforesaid warehouse or warehouses for view, and to be burnt; on examination shall be found to be mixed with trash, dirt, the good unsound or unmerchantable tobacco, the inspector or inspectors weighed and a note given shall cause the same to be picked, and the trash or bad and for it. unmerchantable tobacco shall be publicly burnt by the inspector or inspectors, and such as is sound, clean and merchantable, the inspector or inspectors shall weigh and receive, and shall give a note for the same. country at each warehouse. 25. At each warehouse in the country, there shall be places A place for provided by the proprietor, or, on his refusal, by the commis- packing tosioners, the expense of which to be deducted out of the storage bacco in the of the tobacco, and a secure place for the packing away all loose and small parcels of tobacco that may be brought for inspection; and the several inspectors are hereby directed and required to receive all such loose or small parcels of tobacco Inspectors to as may be brought to them, and if found good, sound and clean, receive tobache shall weigh the same and have it put by in the place above co described, for which he shall give a note specifying the name of the warehouse, the quantity, and that the bearer is entitled thereto; which said small parcels or light hogsheads of tobacco, the inspector or inspectors shall cause to be prized into hogsheads not to contain less than nine hundred and fifty pounds Transfer to nett, and on any person or persons producing small notes to bacco hhds. the amount of nine hundred and fifty pounds, with the allow- less than 950 ance as a deduction for shrinkage in weight, he, she, or they wt. paying the fees herein after expressed, shall be entitled to re Inspect it and give a note. to contain not TIT. 8. A. A. 1789. ceive a note or certificate for crop hogshead; as an allowance for shrinkage on all transfer notes brought in to be exchanged for crop hogsheads, the inspector or inspectors shall deduct from all such as are exchanged, within a month after [Tobacco.] date, two per cent. and for such as are brought in within two Deduction for months after date, and above one, four per cent. and so on shrinkage. till it shall amount to eight per cent. and no more; and where any of such transfer tobacco that shall have been inspected before the first day of the past August, shall lie in any of the Where no note aforesaid warehouse or warehouses, till the circuit court in is produced November, of the district in which the said warehouse or warefor transfer to houses is situated, and no note produced for the same, that then, and at such circuit court, the inspector or inspectors shall cause the same to be sold at public sale, for cash; and the holders of notes for transfer tobacco in any of the aforesaid warehouse or warehouses in the country or city of Charleston, after such sale shall receive cash for the same, on producing the note to the inspector or inspectors, at the rate the same was sold for, with the deduction of ten per cent. for loss of weight and trouble of selling, receiving, and paying. bacco. Holders of transfer notes to receive cash, after sale. Each hhd. to be branded S. C. and tare and nett wt. Contents of note. Tobacco to be delivered to holder of note. When tobacco is removed 26. The inspector or inspectors at their several warehouse or warehouses respectively, shall receive each hogshead of tobacco so examined, passed, weighed and coopered, into their respective warehouse or warehouses, and shall number and brand the same S. C. and mark on the head and staves there- . of the gross, the tare, and the nett weight of tobacco contained therein, and shall deliver to the owner a note, wherein shall be expressed the planter's brand, the number, the river and warehouse, the gross, tare, and nett weight.-And upon presenting which note, the tobacco shall be delivered to the holder thereof for exportation. 27. When tobacco shall be delivered at any of the said warehouse or warehouses to any boat, flat, or other craft, tó from a ware be carried to, and laden on board any ship or vessel bound to house, inspec- a foreign market, or waggons or boats to be removed to a seator to give a manifest. port, the inspector or inspectors shall take up his or their note, and shall give a manifest of the tobacco so delivered, in which shall be expressed the name of the warehouse, and shall run in the following words: "Delivered the Contents thereof. Duty of captains of ves sels shipping tobacco. 17 day of pare with the inspectors, and if found to agree, the inspectors TIT. 8. several manifests shall be filed in the office, and the following oath shall be administered to the captain or mate. "I, A. B. A. A. 1789. do solemnly swear, or affirm, that I have no other tobacco on P. L. 482. board the ship or vessel called the than what is in this [Tobacco.] Captain's or manifest, now by me produced and expressed, neither shall any mate's oath. more be laden on board the said vessel for the present voyage by my knowledge or procurement. So help me God." And Penalty if if any person shall be convicted of having knowingly taken a guilty of perfalse oath or affirmation in this respect, such person shall suf- jury. fer as in case of wilful and corrupt perjury.* ed. 28. If any tobacco shall be found on board any ship or ves- Tobacco sel bound to a foreign market or port without this state, for when forfeitwhich no inspectors manifest can be produced, the said tobacco shall be forfeited, and the captain or master of the vessel shall be subject to a fine of five pounds sterling for each 100 weight, and in proportion for a greater or lesser quantity; one half to the informer, and the other half to the state, and to be recovered in any court of record within this state: Or, if any captain or master of any vessel after producing his manifest to the officer of the customs, taking the oath and obtaining his Penalty for clearance, shall be convicted of receiving any other tobacco receiving on board, besides what he has expressed in the said manifest, more tobacco than is put in he shall forfeit double the sum aforesaid, and shall be liable to manifest. prosecution for wilful perjury.* 29. When any tobacco shall be so much cut away as to re- If tobacco is duce the same under nine hundred and fifty weight nett, the cutaway to deficiency shall be supplied by taking the cut tobacco to pieces less than and repacking the same with such additional tobacco as shall 950 wt. be requisite, by screws or presses. 50. Only two inspectors shall be hereafter appointed in tors for CharCharleston, who shall be obliged to attend together at every leston, who inspection. shall attend 31. The inspectors in the country shall be paid a salary, to together. be fixed by the commissioners, in lieu of all the fees and charges heretofore received, and a tax of three shillings per hogs- Tax of 3s, on head, shall be paid on every hogshead of tobacco inspected at each hhd. to any inspection warehouse or warehouses in the country, the pay inspecsame to be paid by the purchaser, and to be applied in manner above mentioned. 32. All unclean, unsound, or unmerchantable tobacco that may after the passing of this act be condemned at any of the inspections respectively, the inspector or inspectors shall see tors' salaries. it is immediately burnt, and on neglecting so to do, he shall Penalty on inforfeit and pay for each hundred pounds weight, the sum of spectors' not burning bad five pounds sterling, one half to the informer, and the other tobacco. half to the state, to be recovered as is herein before directed. 33. Every owner, or the commissioners of any warehouse Scales, or warehouses in the country, respectively, shall provide and weights, prikeep in good repair, at their respective warehouse or ware- zes, &c. to be houses, good and sufficient scales and weights at their own provided in *See Constitution of U. States, Art. 1. sec. 8. the country. TIT. 8. A. A. 1789. Penalty. expense, prizes and other implements necessary for the inspection of tobacco, the expense of which to be defrayed as herein before directed, and on failure thereof shall be subject to a forfeit of ten shillings sterling per day, to be recovered [Tobacco.] by the person or persons aggrieved, before any justice of the peace of this state; and each inspector or inspectors shall enInspector to enter weight, ter in a book to be kept for that purpose, the number of each &c. in a book. hogshead, the gross, tare, and nett weight, the makers or owners names, and to whom the same was delivered for exportation, and when. And where warehouses have been built by When inspec- the commissioners, the inspector or inspectors shall account tors are to ac with such commissioners, and pay into their hands the storage money quarterly, as is herein before directed, and where necessary buildings shall have been prepared by the proprietor, they shall account with the proprietor in like manner, and either may demand and have a sight of the inspectors books if it shall be judged necessary. count to com. missioners. Fee on storage. One picker or more in the country. To be sworn. 34. The storage in the country inspection shall be one shilling per hogshead; provided always, that after the expiration of four months, the said storage shall be at the rate of three pence for each and every month. 35. At each of the inspections respectively, there shall be one or more picker or pickers who shall be approved of by the commissioners herein after to be named, and shall attend upon oath, and be sworn by the said commissioners. For pickAllowance to ing, they shall be allowed an eighth part out of the first 600 weight, and five per cent. for all above that quantity that may be saved out of any hogshead of tobacco by him or them picked. them. Commissioners appointed. Who are to appoint inspectors. 36. The following persons shall be commissioners at the respective places before mentioned, and shall be and they are hereby appointed and empowered to carry this act into effectual execution, that is to say: Which said commissioners shall have full power and authority to nominate and appoint the several inspectors at the several warehouses herein before mentioned, which appointment shall consist of one at each warehouse in the country, except at the inspection at Campbell's warehouse, at Falmouth, and Adam's ferry, for which said three warehouses shall be only two inspectors appointed, who shall attend together at every inspection alternately, at each place every two days. Penalty if any 37. If any inspector or inspectors, cooper or coopers, or person takes a pickers in the country, shall take any other or greater fee greater fee in than is allowed by this act, he or they shall forfeit and pay to the country. the party aggrieved ten shillings for every shilling so taken by him or them, to be recovered by a summary process before any justice of the peace in this state, any law, custom or usage to the contrary notwithstanding. Inspectors to give bond. 38. Each inspector so appointed shall give bond with substantial security to be approved of by the respective commissioners in the sum of 1000 pounds sterling, conditioned well and faithfully to discharge the duties of his office, and made payable to the treasurers of this state, which bond shall be taken by the respective commissioners, and by them lodged. |