of the obligors to such bond, their or either of their executors or administrators, requiring them, any or either of them, to appear at the same time and place therein specified, before himself or some other justice of the peace of the county where the same may be issued, to show cause, if any they can, why the plaintiff or plaintiffs in such summons should not have execution against them for the amount of the execution, by virtue of which the principal obligor in such bond was taken or charged in execution; and upon the return of such sum*mons "executed," the defendants shall be ruled to trial immediately, unless good cause be shown for a continuance.

Plaintiff in

sci. fa.or

recover full

and costs.

17. The plaintiff or plaintiffs to a scire facias, issued pursuant b. Sec. 4. to the second section of this act, and the plaintiff or plaintiffs to a summons issued pursuant to the provisions of the third section of this act, summons, to shall be entitled to recover of the defendant or defendants, to such amount due, scire facias or summons, the full amount of the sum due by the exe- with interest cution or executions, or other process, mentioned in the condition of the bond, on which such scire facias or summons may be founded, together with interest, and the costs of such scire facias or summons. 18. If any sheriff, coroner, or other officer, shall fail to assign, b. Sec. 5. endorse, and return any bond taken by him from any insolvent debtor, officer for as required by the first section of this act, such sheriff, coroner, or failing to asother officer, shall be liable to the party injured thereby, to the full turn bond. amount of the injury sustained, to be recovered before any court having jurisdiction thereof.

Penalty on

sign and re

ers to collect

19. In cases where insolvents have been heretofore discharged, b. Sec. 6. Where debts and no proceedings have been had to collect the debt due such insolv- due to insolents, the schedules of such insolvents shall be returned to the office vents remain unpaid, of the clerk of the county court, and the judge of said court shall ap- judge of point one or more persons as commissioners in each case, who shall county court shall appoint have authority to collect and recover all debts, property, and estate commissiondue such insolvents, which are included in such schedules, or which them. may be omitted through the fraud of such insolvents, or otherwise; and the money when recovered shall be distributed as now required by law and the proceedings may be carried on in the names of such insolvents, it being stated on the original process, that the plaintiffs therein are insolvent debtors; and the death of such insolvents shall not affect such proceedings.

INSPECTION-STAVES, ROSIN, TOBACCO, &c.

Certain

appoint in

spectors.

give bond,

1. THE County court of any county in this state, in which a port 1819 (23) of entry is now, or hereafter may be established, is hereby authorized county and empowered to appoint one or more fit and suitable persons, as courts may inspectors of tar, turpentine, pitch, rosin, and lumber. $2. Each inspector, before he enters upon the duties of his office, Inspector to shall enter into bond, with two good and sufficient securities, to be approved of by the said court, payable to the governor for the time being, and his successors in office, in the sum of one thousand dollars, for the faithful performance of the duties of his office; and likewise, shall take and subscribe the following oath: "I, solemnly swear, (or affirm,) that according to the best of my abi- oath. lities, I will comply with, and faithfully fulfil the duties of inspector, according to law: So help me God."

—, do and take

§3. All staves for exportation shall be made of good and sound What staves timber, free of worm-holes, and shall be of the following qualities and merchanta

and heading, ble.

dimensions, viz: Each pipe stave shall be made of white-oak, fiftyfour inches long, three inches wide, and one inch thick at the thin edge, free of sap: each white-oak hogshead stave shall be forty-two inches long, three and one-half inches wide, and not less than seveneighths of an inch thick at the thin edge, and free of sap; each redoak hogshead stave shall be forty-two inches long, three and a half inches wide, and not less than three-fourths of an inch thick, at the thin edge; each hogshead heading shall be made of white-oak, thirtytwo inches long, five inches wide, and not less than one inch thick at the thin edge, and free of sap; each white-oak barrel stave shall be thirty-two inches long, three and a half inches wide, and not less than three-fourths of an inch thick at the thin edge, and free of sap; each red-oak barrel stave shall be thirty-two inches long, three and a half inches wide, and not less than one inch thick at the thin edge; each barrel heading shall be made of white-oak, nineteen inches long, six inches wide, and not less than three-fourths of an inch thick at the thin edge, and free of sap. Each and every barrel of pitch or rosin shall be hooped with six good hoops on each end, and shall weigh Tar and tur- three hundred and twenty pounds gross; each barrel of tar and tur pentine shall be in good barrels, made of seasoned timber, and shall be bound with seven good hoops on each end, shall be well packed, free of water, strained and clear, without chips, filth, or dirt, and shall contain thirty-two gallons.

Pitch and rosin.

pentine.

Inspector

each barrel of

pitch, &c., and record the quantity,

&c.

§ 4. Each inspector appointed as aforesaid, shall brand his name at shall brand full length, and place of residence, on one head of each and every bar rel of pitch, rosin, tar, and turpentine, that he may inspect and pass as merchantable, according to the requisitions of this act; he shall also keep a book, in which he shall enter the quantities of each and every article by him inspected and passed, the name of the person for whom the same was inspected, and his place of residence; and shall give a certificate of the same when required, after the fees for inspect ing the same shall have been paid him, charging for said certificate twenty-five cents. It shall moreover be the duty of each and every inspector, appointed under the provisions of this act, to have and keep a brand for the purpose; and each and every barrel of pitch, rosin, not conform- tar, and turpentine, that he may be called to inspect, and which shall able to this not be competent to contain the quantities, as before required in the "condemned." third section of this act, or in any barrel in which he may discover any intentional fraud or neglect, in the manufacture or putting up of the same, to brand on each head and bung-stave, the word "Condemned."

Barrels of pitch, &c.,

law, to be

ticles in

or condemn.

ed.

Penalty for § 5. If any person or persons shall export, or attempt to export exporting ar from any port or place in this state, to a port or place in another state, spected or or foreign port, any of the articles above enumerated, not having been inspected according to the true intent and meaning of this act, or shall attempt to export any that have been condemned by an inspector, he or they shall forfeit the whole of the article or articles so attempted to be exported; to be recovered by action, in any court having jurisdiction of the same, the one-half of the proceeds thereof to the use of the person suing for the same, the other half to the state.

Ib. Sec. 7. Inspector required to

§ 6. Should any inspector have reason to suspect a fraud, in any barrels of pitch or rosin, that he may be called to inspect, it shall be detect fraud his duty, and he is hereby authorized, to cut open any number of barrels, not exceeding one for every ten of the whole number so suspected; and upon finding the same partly filled with anything other than

in pitch and

rosin.

1 Three-fourths of an inch,-See § 8.

pitch or rosin, with intent to defraud, in that case the whole number shall be condemned, and branded accordingly, with the word "Con- If condemn. demned;" and the said inspector shall sell, or cause the same to be ed, to sell it. sold, at auction, within five days; and the net proceeds thereof, pay into the treasury of the state: and he is hereby required to keep a true and faithful account of the same, in a book for the purpose, and shall be allowed five per centum on the proceeds of all such condemned articles.

spectors,

ed.

§ 7. If any inspector appointed as aforesaid, shall knowingly and b. Sec. 8. wilfully fail to comply with the duties and requisitions of this act, or Neglect of inshall pass as merchantable any of the before enumerated articles, other how punishthan is expressly permitted and required by law, he shall forfeit and pay the sum of two hundred dollars, to be recovered by action of debt, in any court having jurisdiction of the same, the one-half to the person suing for the same, the other half to the state; and the county court shall thereupon displace him from the office of inspector: Provided, That no person shall be eligible to hold the office, or exercise Who ineligi the duties of inspector of any article or articles that he may buy, sell, or and traffic in.

ble as inspec

Pipe and

§ 8. All white-oak hogsheads and pipe staves intended for exporta- 1820—(27) tion, shall hereafter be of the following dimensions, to wit: hogshead Sec. 1. staves, forty-two inches long, three and one-half inches wide, and hogshead three-fourths of an inch thick, on the thin or heart edge, clear of sap; pipe staves, fifty-four inches long, not less than three inches wide, and three-fourths of an inch thick, on the thin or heart edge, clear of

sap.

staves for exportation.

cull staves,

9. It shall be the duty of the inspector of staves, when required rb. Sec. 2. so to do by the purchaser or seller of staves, of any kind, to cull the Inspector to merchantable from the refuse staves, and the refuse staves so culled if required. shall be the property of the seller: Provided however, That in the event of any person or persons shipping or attempting to ship, any such refuse staves, he or they shall be liable to the same penalties as are imposed by the act of which this is an amendment. And the inspector of staves, who may cull staves, as required by this act, shall receive the following fees of inspection, to wit: for white-oak hogs- Fees. head and pipe staves, and hogshead heading, seventy-five cents per thousand; for inspecting red-oak hogshead staves, red-oak barrel staves, and white-oak barrel staves, and heading, fifty cents per thousand; and for inspecting and branding pitch, rosin, tar, and turpentine, four cents per barrel.

penses to be

10. In all cases where there is no agreement between the seller Ib. Sec. 3. and purchaser of any article of lumber, staves, and naval stores, to Certain exthe contrary, all expenses of inspection and directing charges, where jointly borne said articles are carried to market on rafts, shall be borne and paid by seller and jointly by the parties.

purchaser.

Tobacco to

and inspect

§ 11. No person shall put on board, or receive into any ship, brig- 1828—(5) antine, schooner, sloop, bylander, boat, or other vessel, in order to be Sec. 1. exported therein, any tobacco which shall not have been packed in be packed hogsheads or casks, upon any pretence whatever, before the same ed, before exshall have been received and inspected according to the directions of ported. this act. All tobacco whatever to be received or taken on board of 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 one of them, and at no other place or places whatever; and if any com

masters of

vessels for violating this act.

Ib. Sec. 2.

Warehouses

for inspec

tion, in Mobile and SelRate of sto

Penalty on mander or master of any ship, or other vessel, shall take on board, or suffer to be taken on board the ship or vessel whereof he is master, any tobacco brought from any other place, than such public place herein mentioned, or any hogshead or cask of tobacco not stamped by such lawful inspector, or shall suffer to be brought on board any tobacco except in hogsheads or casks stamped as aforesaid, every such commander or master shall forfeit and pay fifty dollars 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 before any justice of the peace for the county in which said cause of action may accrue. §12. Public warehouses for the inspection of tobacco pursuant to this act, shall be kept at the several places hereinafter mentioned, to wit: at the city of Mobile, and town of Selma; and the proprietor of each warehouse is hereby entitled to demand and receive for the storage of each hogshead of tobacco inspected at his warehouse, fifty cents; Provided, That the said tobacco does not lie longer in said warehouse, than twelve months, and for every month after, the owner or proprietor of such tobacco shall pay at the rate of twelve and a half cents per month, which duty or storage shall be paid to the seve ral inspectors, before the same shall be removed from the said warehouse, who shall be answerable to the owner or proprietor thereof, for the full amount of such storage, by them received. And the inspectors shall be entitled to one dollar for each hogshead of tobacco per hogshead. delivered, to be paid in like manner as warehouse rents or storage are, and to be divided between the two acting inspectors as their full fee for inspection, and no inspector shall receive a salary or other fee, except what is allowed by this act.

ma.

rage.

Inspectors

entitled to one dollar

Ib. Sec. 3.

provide and

§ 13. There shall be kept at the several warehouses hereby esta Inspectors to blished, and all others hereafter to be established, a good and sufficient keep scales pair of scales, with weights sufficient to weigh fifteen hundred-weight and weights. at least, and a set of small weights, the same that are or ought to be provided for the standard weights of each county, and the proprietors of such warehouse shall provide the same.

Ib. Sec. 4.
Tobacco

ors to be ap

§ 14. All tobacco brought to any public warehouse, shall be viewed, shall be view. inspected, and examined by two persons thereunto appointed, who ed by inspect shall be called inspectors, and shall be appointed in the following manpointed by ner, to wit: the judge of the county court and commissioners of the revenue and roads in the counties where any warehouse may be es and commis- tablished, except as hereinafter excepted, shall, at their county courts, sioners of re- held on the third Monday of August in each year, appoint three fit and roads. proper persons for inspectors at each of the several warehouses in

judge of

county court,

venue and

their respective counties, who shall receive a certificate of such ap pointment by the clerk of the county court of the county wherein such appointment may be made; the two first in nomination shall be considered as acting inspectors for the ensuing year, and in case of sickness, death, or inability of either of the first inspectors, the third shall act, and also on the disagreement of the said inspectors, the third shall be called in to decide on such hogshead or hogsheads of tobacco; and on Inspectors complaint in writing being lodged in the office of the clerk of the county court, and being duly notified thereof by such clerk, such judge and commissioners, or a majority of them shall, within three days after such notice to them given, summon the inspector before them, first orderclerk of coun- ing a copy of the complaint to be served on him or them; within five days thereafter such judge and commissioners shall consider such complaint, and may continue or dismiss from office him or them, as the court shall judge just; and such court shall fill all vacancies that may

may be dis. missed from office, on complaint lodged with

ty court.

happen at any of their said courts, to continue to the end of their inspection: Provided always, That the third inspector, on the death or removal of any inspector in the same nomination, shall be considered

as inspector and act accordingly; and every person appointed inspector Inspector to by virtue of this act, shall, before he enters on the execution of his give bond. office, give bond with security in the penalty of two thousand dollars, payable to the governor for the time being and his successors, conditioned for the true and faithful performance of his duty according to the directions of this act, and be liable to be put in suit upon any neglect of duty; which bond shall be approved by the judge of the county court, and deposited in the clerk's office of said court.

attend ware

1st Sept. to

be entered

§ 15. All inspectors to be appointed by virtue of this act, shall at- b. Sec. 5. tend at all times when required by any owners of tobacco, at the Inspectors to warehouse or houses under their charge, from the first day of September houses from until the first day of May annually, Sundays excepted, or when pre- 1st May. vented by sickness; and afterwards they or one of them shall attend to deliver tobacco for exportation, until all the tobacco remaining there on the said first day of May shall be delivered; and no inspector shall be obliged to view any tobacco between the said first day of May and the first day of September; and every inspector neglecting Penalty for to attend as aforesaid shall forfeit and pay to the party aggrieved, one neglect. dollar for every neglect, and shall be liable to an action to recover all such damages as he or they shall have sustained by occasion of any such neglect, together with his or their full costs; and that all persons having tobacco at the public warehouse may have equal justice, the inspector shall enter in a book to be kept for that purpose, the mark Tobacco to and owner's name of all tobacco brought to their respective ware- in a book as houses for inspection, as the same shall be brought in, and shall review brought in, and inspect the same in due time as it shall be entered in such book, ed according. without favor or partiality; and in case they shall break any hogshead ly. of tobacco brought them to be inspected as aforesaid, and if they shall agree that the same is good, sound, well conditioned, merchantable, and clear of trash, then such tobacco shall be weighed in scales with weights of lawful standard, and the hogshead or cask shall be stamped Hogshead in the presence of the said inspectors, or one of them, with the name stamped, and receipt given. of the warehouse at which inspected, and also the tare of the hogshead or the cask, and quantity of net tobacco therein contained; and the inspectors at such warehouse shall sign a receipt for each hogshead of tobacco they shall pass, if required by the owner, if the same weigh nine hundred and fifty pounds at least, which receipt shall state Tobacco not the quantity and quality of tobacco, whether first, second, or third ble, to be rerate; and if such tobacco shall not be considered merchantable, it shall turned to not be of either quality, and returned by said inspector to the owner.

and inspect

merchanta

owner.

heads.

16. The size of the hogshead or cask shall not exceed forty-nine Ib. Sec. 6. inches in length, and thirty-one inches in the rising head, and to Size of hogs weigh, nine hundred and fifty pounds at least; Provided, That nothing herein contained shall prevent any person or persons from sending chewing-tobacco to market in less quantities than five hundred pounds.

NOTE-The mayor and aldermen of the city of Mobile are authorized to appoint inspectors of oil, and an inspector of flour, salt, and fish. See "Oil."