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470

Value to be estimated when due,

and bear 8 per cent. interest.

SPECIFICS.-1800.

An Act to ascertain and establish a certain and uniform mode of calculating the prices of specific articles in contracts between individual and individual in this State.-Passed December 1, 1800. Vol. I. 39.

Whereas it doth frequently happen, that in the ordinary transactions between individuals of this state, contracts are entered into for the payment of specific articles, which contracts may have been either verbal or written; And whereas great difficulty and uncertainty has occurred in the trial of such cases in courts of justice, in ascertaining the time from which the prices of such specific articles should be calculated; for remedy whereof, and for the establishment of some precise mode of estimation in future:

Be it enacted, &c. That on every bond, note, or other instrument in writing, or verbal contract for the payment of negroes, produce, stock, goods, or other specific articles, of any nature or kind whatsoever; the price of such specific article at the time it became due, upon such bond, note, or other instrument in writing, or verbal contract as aforesaid, and having respect to the place, made payable according to contract, if any, shall be the sole and established rule of valuation and all and every such bond, note, or other instrument in writing, or verbal contract, for specific articles as aforesaid, shall bear interest at eight per cent. from the time they become due, in like manner as if given for the payment of money simply; any law to the contrary notwithstanding.

Description of beef and

STAPLES.

BEEF, PORK, NAVAL STORES, AND FIREWOOD.-1766.
An Act to prevent frauds and deceits, in selling Beef, Pork, Pitch,
Tar, Turpentine, and Firewood.-Passed March 6, 1766. Vol. I.

245.

Whereas the preventing frauds and deceits in the packing of beef and pork, and in selling pitch, tar, turpentine, and firewood, will greatly increase the credit and repute of those commodities of this province, and also be for the particular benefit and emolument of the purchasers or exporters of the same:

1. Sec. I. Be it enacted, &c. That from and after the first day of pork casks. February next, all and every cask or casks, in which any beef or pork shall be packed and exposed to sale within this province, shall be made of sound, dry, and well seasoned white oak timber, free from sap, the heads as well as bodies of which casks shall be made tight so as to hold pickle, and the said casks shall be proved before the same shall be packed with any beef or pork, and shall gauge thirty gallons.*

To be inspect

Sec. II. Repealed by sec. 12.

2. Sec. III. From and after the said first day of February aforeed under pe- said, no merchant, factor, trader, or other person shall ship for ex

maity of 20

shillings.

Thirty-two gallons, see sec. 11.

| STAPLES.-BEEF, PORK, NAVAL STORES, AND FIREWOOD.—1766.

portation on board any ship or vessel whatever, any beef or pork for a foreign market, before the same be packed by some packe or inspector of the port or place where the same is intended to be shipped, and by the said packer and inspector branded, under pain of such person so shipping forfeiting the sum of twenty shillings sterling for every such cask so shipped, to be recovered and applied as hereinafter directed.

471

each barrel

3. Sec. IV. From and after the said first day of February afore- Contents of said, every barrel of pitch, which shall be made and sold in this of pitch. province, shall contain 322 pounds gross weight, and the staves of the said barrels not to exceed half an inch in thickness: every barrel of Tar. tar made and sold as aforesaid shall contain at least thirty-two gallons, clear of dirt, dross, chips, or water; and every barrel of tur- Turpentine. pentine so made and sold as aforesaid shall weigh 460 pounds gross, clear of dirt, sand, or water; and no merchant, factor, trader, or Penalty for other person whatever, shall ship, or put on board any ship or vessel, market. for exportation from this province, any tar, pitch, or turpentine, before the same is marked by some packer or inspector, under pain of forfeiting for every barrel so shipped the sum of five shillings sterling, to be recovered and applied as hereinafter directed.

shipping un

pitch may be

suspicion of

If condemn

ed, shall be

also five shil

4. Sec. V. If any fraud or abuse shall be suspected in any bar- Barrels of rel or barrels of pitch, which shall be brought to market or exposed opened on to sale, the person who shall treat for the purchase of such pitch fraud. shall be at liberty to cut open as many barrels of the same as he shall think proper, which shall be liable to be viewed, judged, and forfeited, as hereinafter directed; and where any pitch shall be condemned as fraudulent by the person or persons empowered to view forfeited, and and judge the same, all such condemned pitch shall be forfeited and lings per barsold by the treasurer, and applied to such uses as are hereinafter di- rel penalty. rected, and the owner or person exposing such pitch to sale shall also forfeit the sum of five shillings sterling, for each barrel so fraudulently brought to market and exposed to sale, and the same may be recovered against him as is provided by the act for the more easy and speedy recovery of small debts and damages, and shall be applied to uses as hereinafter directed. Provided always, that when any If not coupitch shall be ordered to be cut open as aforesaid, without the con- shall be taken sent of the owner, or person offering or exposing the same to sale, by the opener the same shall be done at the risk of the person who shall cause such price. pitch to be so cut open; that is to say, if such pitch shall not be condemned as fraudulent by the person or persons empowered to view and judge the same, that then the person who caused the pitch to be so cut open and examined shall take to himself every such barrel so cut open which shall not be condemned as aforesaid, and shall pay to the owner or person offering the same to sale the current sum or price which good pitch shall then bear at that port or place, any thing herein contained to the contrary notwithstanding.

demned,

at market

be sworn.

5. Sec. VI. Such persons as shall be appointed packers or in- Inspectors to spectors, by ordinance or otherwise of the governor, council, and commons house of assembly, in general assembly met, shall be, and they are hereby directed, before they enter into the execution of their offices, severally and respectively, to take the following oath before some justice of the peace for the parish where such port shall be, who shall grant such packer and inspector a certificate thereof: "I, A. B. do solemnly swear, that I will faithfully and im- The oath. partially execute the business and duty of a packer and inspector, in the town and port of —, to the best of my skill and judgment, without favour or prejudice, and without any delay, agreeable to the

inspectors'

fees

all barrels

act of the general assembly of this province, entitled (see title of this act.] So help me God."

6. Sec. VII. The packers and inspectors so to be appointed, shall and packers' receive for their trouble from the seller or owner of any beef, pork, pitch, tar, or turpentine, the sum of sixpence for every barrel of beef or pork, and the sum of two pence for every barrel of pitch, tar, or turpentine, which they shall view, inspect, mark, or brand as aforeMust brand said. And the said packers and inspectors are hereby severally diwith their ini rected to have and make use of a separate brand, with the initial tials, under letters of the name of such packer and inspector, and in case of refusal or neglect to do and perform any of the duties by this act required to be done and performed by such packer and inspector, he or they so refusing or neglecting, after he or they shall have accepted such office, shall for every such offence forfeit the sum of ten shillings.

penalty of 10

shillings.

For marking improperly to

lings.

Firewood, size of the cord.

7. Sec. VIII. If any packer or inspector shall mark or brand any forfeit 40 shi- beef, pork, pitch, tar, or turpentine, not weighing or containing the weights or measures directed by this act, such packer or inspector shall, for every barrel so marked or branded, forfeit the sum of forty shillings sterling, to be recovered and applied as hereinafter directed. And whereas many frauds are committed in the sale of firewood, 8. Sec. IX. Be it enacted, &c. That from and after the first day of February aforesaid, every cord of firewood which shall be sold in this province, shall measure eight feet in length, four feet in height, and four feet in breadth, and in case any person or persons whatever, having any firewood sold and delivered them by the cord, as aforesaid, shall suspect a deficiency therein, every such person or persons shall and may apply to any of the packers and inspectors to be appointed as aforesaid, to cord and measure the same; and in case any Persons sell- deficiency shall appear, the person or persons selling the same shall, a cord, forfeit for every cord that shall be so deficient, forfeit the sum of ten shil10 shillings lings; and the packer and inspector measuring the same, shall be paid the sum of sixpence for every cord so measured by the seller thereof, in case of deficiency, and in case no deficiency shall appear, then to be paid the sum of sixpence by the person or persons applying.

ing less than

for every such cord.

Fines, how

recovered

9. Sec. X. All the fines and forfeitures by this act inflicted, shall and applied. be recovered, upon proof of the offence, before any justice of the peace for the parish where the same shall be committed, by warrant under the hand and seal of such justice, directed to any constable of the said parish, and be to the informer.

Continuation of the act.

10. Sec. XI. This act shall continue and be in force for and during the term of three years, and from thence to the end of the next session of the general assembly, and no longer.*

An Act for amending the foregoing.-Passed December 24, 1768. Vol.

I. 248.

Whereas the act of the general assembly passed the sixth day of March, in the year of our Lord 1766, entitled, [see title of last act,] is found to be deficient in respect of the regulations therein directed, as to the packing and inspecting beef and pork, for remedy whereof, 11. Sec. I. Be it enacted, That from and after the first day of May pork, how to next ensuing, every barrel in which beef or pork shall be packed and exposed for sale in this province, shall contain and gauge thirty-two gallons, and be made of seasoned timber, as directed by the said re

Barrels for

beef and

be made, and their capacity.

See Revival Act-Laws, sec. 1.

TOBACCO.-1786, 1791.

cited act, and shall have on each barrel not less than twelve sound and sufficient hoops.

and descrip.

rel.

12. Sec. II. From and after the said first day of May, every what weight barrel of beef, or pork, packed and sold in the province, shall con- tion of meat tain 220 pounds weight, of wholesome well cured meat in the same, in each barafter being salted at least ten days, and carefully packed with a sufficient quantity of dry salt, and well pickled, and not more than one shank, half the neck, and no head, in each barrel of beef, and not more than two heads in each barrel of pork.

branded with

and of the

13. Sec. III. The brands to be used by the several packers and Must be inspectors, according to the directions of the said act, shall have the name of the name of the parish where the beef or pork is inspected under the inspector, that of the province, and also the names of the inspectors at full parish at full length; and such inspectors and packers are hereby directed to length. furnish themselves with such brands, and to brand the several barrels of beef and pork by them inspected, on the head, according to the directions of, and under the penalty in the said act mentioned and inflicted.

14. Sec. IV. The before-recited act and this act, shall continue Continuation and be in force for and during the term of three years, and from of this act. thence to the end of the then next session of the general assembly, and no longer, any thing contained in the said recited act to the contrary notwithstanding.*

TOBACCO.

An Act to regulate the inspection of Tobacco.-Passed February 14, 1786. Vol. I. 544.

And whereas it is highly improper that the same person should be inspector and vender of tobacco:

shall sell no

may raise

mission, and

15. Sec. XIV. Be it enacted, &c. That no person to be appointed Inspectors inspector of tobacco by virtue of this act shall be allowed to sell tobacco, but tobacco as aforesaid, unless the same shall be of the growth and such as they manufacture of his own plantation or plantations, and then he shall themselves, produce a certificate signed by two or more of the inspectors to be appointed as aforesaid of its being so; and any person who shall on pain of dis? sell in violation hereof, on conviction before the superior court of the 50 pounds county in which he shall reside, shall be discharged from acting as fine. inspector, and the said court shall proceed to appoint another in his stead, and the persons so offending shall be liable to a fine not exceeding the sum of fifty pounds, which shall be sued for and recovered in How recover any court of record in this state, and paid into the public treasury ed. thereof; and the person or persons making information against such offender, shall be entitled to one half the amount of said fine. [All the rest of this act repealed or re-enacted by the following act of 1791.]

An Act for regulating the inspection of Tobacco.-Passed December 23, 1791. Vol. I. 545.

Whereas it has been found by experience that the several laws now in force for regulating the inspection of tobacco throughout

* See Revival Act-Laws, sec. 7

Nor purchase, see sec. 40.

ed and appli

be exported

spection nt

some esta

house.

this state, are unequal to the purpose for which they were intended:

No tobacco to 16. Sec. I. Be it enacted, &c. That from and immediately after without in the passing of this act, no person shall put on board or receive into any ship, brigantine, schooner, sloop, bylander, boat, or other vessel, blished ware- in order to be exported therein, any tobacco which shall not have been packed in hogsheads or casks, upon any pretence whatever, before the same shall have been viewed and inspected according to the directions of this act; that all tobacco whatever to be received or taken on board any ship, brigantine, schooner, sloop, bylander, or other vessel, and to be therein exported, or to be carried and put on board any other ship, brigantine, schooner, sloop, bylander, or other vessel for exportation as aforesaid, shall be received or taken on board at the several warehouses for that purpose hereinafter mentioned, or some or one of them, and at no other place or places whatsoever And any master, mate, or boatswain of any ship or other toms to admi- vessel, which shall arrive in this state in order to load with tobacco nister all during the continuance of this act, shall, before the said ship or vessel ters, &c. la- be permitted to take on board any tobacco whatever, make oath beding tobacco. fore the collector of the customs of the port where such ship or ves

The collec

tors of cus

eaths to mas

Masters of vessels caus

sel shall arrive, which oath the said collector is hereby empowered and required to administer, that they will not permit any tobacco whatsoever to be taken on board their respective ships or other vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally thereunto appointed, which oath they shall subscribe in a book to be kept for that purpose by the said collector. And if any master shall cause any person who is not really and bona ing improper fide mate or boatswain, to come on shore and take such oath, he shall pers ons to for said offence forfeit and pay five hundred pounds; and if any comto forfeit 500 mander or master of any ship or vessel shall take on board, or suffer And for put to be taken on board the ship or vessel whereof he is master, any ting on board tobacco brought from any other place than such public place herein trary to this mentioned, or any hogshead or cask of tobacco not stamped by such for each lawful inspector, or shall suffer to be brought on board any tobacco

take this oath,"

pounds.

tobacco con

act, 20 pounds

hogshead.

Masters of

vessels laden

to deliver ma

lector to be

sent to the

treasurer.

except in hogsheads or casks stamped as aforesaid, every such commander or master, shall forfeit and pay twenty pounds for each hogshead, one moiety thereof to the use of the informer, and the other moiety to the use of the state, to be recovered by bill, plaint, or information before any court of record.

17. Sec. II. Every master of a ship or vessel wherein tobacco with tobacco, shall be laden, shall at the time of clearing out deliver to the collector nifests there a fair manifest of all the tobacco on board his ship or vessel, expressof to the col-ing the marks and numbers of every hogshead, and the tare and net weight stamped thereon, the person by whom shipped, and from what warehouse, and shall make oath thereto, that the same is a just and true account of the marks, numbers, tare, and net weight of each respective hogshead, as the same was taken down by the person or persons appointed by him to take the same, before the said tobacco was stowed away; and no ship or vessel shall be cleared by the collector before he shall have received such list or manifest, which shall by the said collector be transmitted to the treasurer of this state for the time being.

Scales and

weights to be

Sec. III. [The first part of this section is local, and the rest repealed by sec. 47.]

18. Sec. IV. There shall be kept at the several warehouses

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