The inspectors at Halifax warehouses shall constantly attend their duty at the said warehouses, from the tenth of October to the tenth of July in every year, or shall forfeit for each day either of them shall neglect the same, forty shillings, sickness or other unavoidable accident excepted: to be recovered by a warrant before any magistrate of the county where the inspector resides, by any informer, to his own use.

The justices of any county in this state, may if necessary, appoint such places for the inspection of tobacco in their county, and inspectors to attend thereat, at their discretion, so as such place of inspection be at a landing on some navigable stream and may at the expense of their counties, purchase or rent ground, build or rent warehouses, provide scales and weights, and other matters incident to an inspection; and allow salaries to the inspectors at their discretion, payable out of the money assessed for defraying the county charges-and may limit the time of attendance thereat. And every such inspector shall be under the like bond and security and oath, and subject to the same forfeiture, method of recovery, and application, as is before mentioned for the non-attendance of inspectors at Halifax warehouses.

If an inspector's note shall be lost or destroyed, the owner thereof may, on making oath before some magistrate of the quantity of tobacco mentioned in the same, and that the note is lost or destroyed, and that he or she is the lawful owner thereof and entitled to receive the tobacco therein mentioned, obtain a certificate from the justice administering such oath, and shall thereby be entitled to receive the tobacco for which, the lost note was given.

When any person demands tobacco of any inspectors on their notes, and suspects the same hath received damage after inspection, three justices of the county, not being merchants, where the tobacco is, shall on application of such person, repair immediately to the warehouse, and there being first sworn before some justice, well and carefully to view and examine the tobacco in dispute, and give their opinion thereon whether the same ought to pass or be rejected, according to the best of their judgment and conscience, without favour or af fection. And if in their judgment it is good, sound, and fit for exportation, the tobacco so passed shall be a sufficient tender to the party demanding on the notes for the same; and then the party calling a review, shall pay eight shillings to each justice so attending. But if they reject the tobacco, the inspectors shall pay the same, and shall be liable to the owner of the notes for the value of the tobacco so rejected, and the

damages sustained by lying out of the same from the time of demanding.

The county court may appoint, not exceeding ten persons at any inspection, to turn up and cooper tobacco, to continue during good behaviour.

If they misbehave, the inspectors may report them to the county court, and if found guilty, the court may remove them and appoint others.

The inspectors appointed to inspect tobacco at the several inspections within this state, shall and may take and receive for inspecting each hogshead of tobacco and issuing a note, the sum of four shillings; and for each hundred weight of transfer tobacco by them inspected, the sum of six pence, and so in proportion for a smaller quantity, and no more: and the turners up of tobacco shall take and receive the sum of three shillings for each hogshead he or they shall turn up and cooper, and no more.

If any inspector take greater fees than the law allows, he forfeits five pounds for each offence, recoverable before a justice, to the use of the prosecutor.

The court may also appoint pickers, and may appoint one of them to act as inspector when an inspector is unable to attend; and he may give a casting vote where the inspectors disagree; and for misbehaviour may remove any picker and appoint another.

For the Oath of a Picker-see Oaths.

OTHER ARTICLES.

All public inspectors shall hold their offices during good behaviour. And where an inspector shall be guilty of a misbehaviour in his office, on complaint made to the county court, they shall issue a citation, and cause him or them to appear before the court at the ensuing term. And if the charges shall be supported by good and sufficient testimony, and confirmed by the verdict of a jury, they shall remove such inspector from his said office, and appoint another in his stead, who shall hold his office during good behaviour.

The county court may appoint places of inspection in their county at discretion, and one or more inspectors for such places, who shall take the same oaths, and be subject to the same rules, regulations, and restrictions, and be entitled to the same emoluments, as directed by former laws.

The inspector shall give bond with two good securities in 5001. for the true and faithful discharge of his office according to law; which must be acknowledged before the court and recorded. Such bond to be payable to the governor and his successors, and to be in force for three years after the office cease; which bond shall be renewed as under the title Bonds. And shall also take an oath, which see under title Oaths. On the death or disability of any inspector, the county court to appoint a successor, or if the death happens in vacation, three justices may appoint until the next court. Inspectors for places in a town, shall be residents thereof during their continuance in office. Any inspector neglecting his duty, or branding or stamping any commodity contrary to law, or branding any empty barrel, or lending his brand to any person, forfeits for every barrel of tar, pitch, or turpentine, twenty shillings; for every barrel or cask of beef, pork, or rice, fish or flour, ten pounds; and for branding an empty barrel, 100l. And every other person for branding, or procuring to be branded, any cask or barrel otherwise than by the inspector or his assistant, the same sum as an inspector does for breach of his duty. The said penalties of ten pounds, and of twenty shillings, are recoverable by action of debt before a justice of the peace.

The maker of every barrel of tar, pitch, or turpentine, shall mark or brand the same with the initial of his or her name, not less than one inch long, under the penalty of one shilling for every barrel; recoverable before a justice, with cost; onehalf to the prosecutor, the other to the county.

Any cooper exposing to sale any barrel or half barrel, for beef or pork, other than of the dimensions by law directed, forfeits twenty shillings; and shall set his proper brand upon the same before they expose them to sale, which shall be recorded in the clerk's office; or forfeit ten pounds for every neglect. And every barrel of tar, pitch, and turpentine shall be branded in the same manner, under the penalty of five shillings; which penalties are recoverable, and to be applied in the same manner as those last mentioned.

Every seller or exporter of beef, pork, rice, tar, pitch, turpentine, fish, flour, butter, shall produce the certificate of the inspector who inspected the same, and make oath or affirmation, if required, before a justice, on the delivery of the goods sold or exported, that the several commodities so to be sold or exported, are the same that were inspected and passed, and contain the full quantity mentioned in such certificate. This oath the justice shall certify on the back of the certificate, and

Y

shall be delivered to the buyer; and the exporter shall deliver the same to the master of the ship or vessel. And the seller or

exporter refusing to make such oath, forfeits 100l.

No person holding any post or place of profit, by deputation or otherwise, shall be appointed to the oflice of inspector. And the appointment of such a one shall be void, and the court shall appoint another.

No To person shall inspect any sawmill lumber, staves, or shingles, without being first qualified as directed by the act of 1784, c. 26, under the penalty of twenty pounds for every such of fence; to be recovered before a justice of the peace; one-half to the use of the state, the other half to the person suing for the same. Any three justices of the peace, for the county including such place of inspection, shall be at liberty to appoint one or more persons to act as inspectors until the next succeeding county court.

By act of 1807, c. 19, if any miller or manufacturer of flour shall put up flour for sale or exportation in a barrel which does not contain 196 pounds net flour, well ground, bolted, and packed, or shall not brand on each barrel the net weight, in figures, and also the first letters of his Christian name, and his surname, at full length; or shall pat up flour as aforesaid, in a barrel not made of good seasoned oak or ash wood, twenty-six inches in width, every such persons so offending shall forfeit five pounds to any person who shall sue for the same.

When any person shall sell any barrel or barrels of flour not containing the quantity by law required, the purchaser, unless there shall be a special contract to the contrary, shall be allowed to recover the value of the deficiency in an action on the case, for money had and received, before any jurisdiction having cognizance of the same.

By act of 1810, c. 8, an inspector of flour shall be appointed at each of the following places, viz. Fayetteville, Wilmington, Newbern, Edenton, Washington, Tarborough, and Plymouth. And the respective county courts shall, at the first term after the first day of January in each and every year, not less than ten acting justices being present, appoint a person of good repute, and who is a skilful judge of the quality of flour, at each of the places aforesaid. And in case of the death of any person so appointed, or his refusal or neglect to act, the justices of said counties, respectively, or any three of them, shall, as soon as conveniently may be thereafter, meet together and appoint another until the next court, when it shall be the duty of the court to make an appointment in manner aforesaid, for the remainder of the year.

All bolted wheat flour, and every cask thereof, brought to any of the places before mentioned for sale or exportation, shall be made merchantable and of due fineness, and without any mixture of coarser flour, or flour of any other grain thau wheat, The casks shall be well made, of good seasoned materials, with ten hoops, sufficiently nailed with four nails in each chimb hoop, and three nails in cach upper or bilge hoop. The staves shall be twenty-seven inches in length, and the head seventeen and one-half inches in diameter. And the half barrels shall be made of staves twenty-three inches in length, with each head twelve and one-half inches in diameter.

Every miller of flour for sale or exportation shall brand every barrel of flour with a brand containing the initials of his Christian name, and his surname at length, and shall mark thereon the net and tare weight, before the same shall be removed, under the penalty of forty cents for every barrel not hooped, marked, branded, and nailed as aforesaid; to be recovered from such miller, or from the person who shall bring such flour to any of the places aforesaid for sale. And in case the penalty be recovered from the person so bringing the flour for sale, such person may recover the same from the miller from whom he purchased or received the flour; provided it appears he gave notice to said miller that he intended to carry the same to one of the places aforesaid for sale or exportation, and that he requested said miller or bolter to sccure and brand said barrels.

Every miller or bolter shall put into each barrel 196 pounds of flour, and into each half-barrel ninety-eight pounds. And for every deficient pound of flour he shall forfeit ten cents.

The inspector, upon suspicion or at the request of the purchaser shall unpack any cask of flour; and if there be a deficiency of weight, the miller, bolter, or seller shall pay the charges of unpacking and repacking, over and above the penalties aforesaid. But otherwise, the charges shall be paid by the inspector, or by the purchaser if the trial be made at his request.

Each and every cask of flour brought to any of the before mentioned places for sale, or to be exported, or which shall be manufactured in said places for sale or exportation, shall be submitted to the examination of the inspector, who shall inspect and try the same by boring through the cask from one head, with an instrument not exceeding half an inch in diameter, and equal in length to a barrel of flour, to be by him provided for the purpose; and if he shall judge that the same is well packed and merchantable, according to the directions