Such fees shall be paid by the person offering the flax-seed for inspection, who may charge one half of the amount to the buyer, in addition to the price of the seed. ART. 9. [564] Fees of in $153. If the inspector shall find, by measurement, that any cask inspected by him, does not contain the proper quantity spector. of flax-seed, according to its size, he shall be entitled to receive from the person offering the flax-seed for inspection, fifty cents for such measurement, in addition to his regular fees for inspection. ARTICLE NINTH. OF THE INSPECTION OF SOLE LEATHER. SEC. 154. Inspector to inspect all sole leather offered. 155. He may inspect leather in any adjoining town. 156. Inspector to provide himself with proper scales; to stamp leather. 157. He may make deduction from leather not dry. 158. Fees of inspectors in New-York; who to pay them. 159. In what counties leather may be sold without inspection. spector. $154. It shall be the duty of each inspector of sole leather, Duty of inwhenever required, to inspect any sides of sole leather which shall be offered to him for that purpose, within the place or county for which he is appointed. This Article was compiled from the following statutes: 2 R. L., 341; $ 155. Every such inspector may also inspect sole leather, . in any other city, town or village of his county, than that for which he is appointed, or in any adjoining county, if there be no inspector appointed for such city, town or village, or in such adjoining county. ner of in $156. It shall be the duty of each inspector to provide Ib. Manhimself with proper scales and weights, to enable him to per- spection. form the duties of his office; to weigh every side of sole leather that he shall inspect; and to impress thereon in words at full length, 1. His own surname, and the name of the place for which he is an inspector: 2. The word "Best," if the leather be manufactured of good hides, and in the best manner: 3. The word "Good," if the leather be manufactured of good hides, in a merchantable manner: 4. The word "Damaged," if the leather be manufactured of damaged hides, in a merchantable manner: 5. The word "Bad," if the leather be not of one of the qualities above mentioned: 6. The weight of the side shall also be impressed thereon, either in figures, or in words at length. 8 Cow., 45. S157. Every inspector may make such a deduction as he Ib. may judge reasonable, from the actual weight of every side of leather inspected by him, that shall not be perfectly dry; and if any such side of leather shall afterwards dry away, so TITLE 2. as to weigh five per cent. less than the weight marked thereon, the inspector shall make good to the purchaser, the loss resulting to him, from such deficiency in weight. [565] Fees for inspecting. Prohibitions in certain counties. Hops to be inspected. Provision as to Albany. Hops to be put in bags. See Laws of 1830, ch. 300. $158. Every inspector of sole leather in the city and county of New-York, shall be entitled to receive two cents, and every such inspector in any other place or county, four cents, for each side of sole leather that he shall inspect, weigh and seal. The fees of the inspector shall, in the first instance, be paid by the seller; but the purchaser shall be liable to him for one-half of their amount. $159. In the counties of Onondaga, Herkimer, Ulster, Oneida, Jefferson, Madison, Seneca, Steuben, and Montgomery, no manufacturer of, or dealer in, sole leather, shall be compelled to carry any sole leather owned or manufactured by him, to be inspected previous to a sale; but in every other county and place in this state, for which an inspector of sole leather is or shall be appointed, no sole leather shall be sold, unless it shall have been previously examined, weighed and sealed, by an inspector duly authorised; and every seller who shall violate this provision, shall forfeit the sum of five dollars for every side of sole leather so illegally sold. See Laws of 1843, ch. 128; 1833, ch. 310. ARTICLE TENTH. OF THE INSPECTION OF HOPS. SEC. 160. No hops to be exported without inspection. 161. If inspected in Albany, may be exported without a re-inspection. 163. Bags to be marked or stamped. 164. Powers and duties of inspectors. 165. Penalty for selling condemned hops for any other than condemned. 166. Penalty for intermixing improper substances with hops. 167. Penalty for receiving on board of a vessel uninspected hops. 168. Penalty for counterfeiting marks on bags. 169. Fees of inspectors. S 160. No hops shall be exported from this state, until they shall have been submitted to the examination of an inspector of hops, and have been inspected by him, agreeably to the provisions of this Article. All hops shipped for exportation, contrary to the provisions of this section, shall be forfeited. This Article is a revision of the following statutes: Laws of 1819, 144; 1820, 137; see Laws of 1843, ch. 202. S 161. Hops inspected in the city of Albany, may be exported thence, or be sold in and exported from the city of New-York, without being subject to re-inspection in the city of New-York. $162. All persons intending to export hops from this state, shall put the same in bags, which shall contain not more than four hundred pounds, nor less than one hundred and fifty pounds; and shall submit them, after the expiration of ten days from the time they shall have been bagged, to the examination of an inspector. ART. 10. marked. $ 163. Every person who shall put up hops for sale or Bags to be exportation, shall mark or stamp on each bag of hops, in a legible manner, the initials of his christian name, and his surname at full length, before the removal of such bag from the place where the hops shall be put up; and every person violating this provision, shall forfeit five dollars for every bag so removed without being marked or stamped. [566] inspector § 164. Every inspector of hops shall have power, and it Duty of shall be his duty, 1. To provide himself with a sufficient store, in some place which may be convenient to his employers, for the purpose of storing hops brought to him for inspection: 2. To examine hops brought to him for inspection, upon satisfactory proof that they have been bagged for ten days, and not otherwise: 3. To put the hops in different bags, according to their quality, respectively, and on each bag containing hops of the first quality, to mark the words "Hops, first sort;" of the second quality, the words "Hops, second sort;" of the third quality, the words "Hops, third sort;" and of all other inferior quality of hops, "Refuse hops," together with his own name, and that of the place where the hops are inspected, and the date of such inspection, in words and letters at full length: 4. To weigh each bag of hops, and to mark thereon the total weight of the bag and its contents in pounds, and to deliver to the owner a weigh-note of such weight, stating therein the quality of the hops, and distinguishing them in the manner as before directed: 5. To mark the word "Condemned," on each bag of hops which he shall discover to be fraudulently mixed, with any foreign or improper substance: 6. To enter on board of every vessel within the limits of the city and county where he is authorised to inspect, to search for hops shipped or shipping contrary to the provisions of this Article, and to seize and take into his possession all such hops discovered by him: 7. To sell at public auction all hops so seized, and to pay the proceeds of such sale, deducting expenses, and ten per cent. for his services, to the officers having the care of the poor of the city or county where the seizure shall be made, for the use of such poor. $165. Every person who shall offer for sale, or sell any hops Penalty. which have been condemned by an inspector, for any other than condemned hops, shall forfeit the sum of twenty-five dollars for every bag so offered for sale, or sold. S 166. Every person who shall intermix with any hops any foreign or improper substances, or in any manner adulterate their quality, shall be deemed guilty of a misdemeanor, pun Ib. ishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. $167. Every master of a vessel who shall receive on board for exportation, any bags of hops, not inspected according to the provisions of this Article, shall forfeit the sum of ten dollars for every bag so received by him. S168. Every person who shall counterfeit on any bag of hops, any of the marks of an inspector, or empty any bag of hops so marked, for the purpose of putting therein other hops for sale or exportation, without first erasing such marks, shall, for each offence, forfeit the sum of one hundred dollars. $169. Every inspector of hops shall be entitled to receive ten cents for every hundred pounds of hops inspected by him, to be paid one half by the buyer, and one half by the seller; and for every hundred pounds of condemned hops, he shall receive the same fees, to be paid by the person offering such hops for inspection. Distilled spirits to be ARTICLE ELEVENTH. OF THE INSPECTION OF DISTILLED SPIRITS. SEC. 170. Spirits to be inspected in New York. 171. Standard of domestic distilled spirits. 172. (Repealed.) 173. Penalty for adulterating spirits. 174. Penalty for altering proof after inspection, and for not cutting out marks. 175 & 176. (Repealed.) S170. No spirits distilled within the United States, and inspected. exceeding the quantity of twenty gallons, shall be sold in the city of New-York, unless they shall have been inspected, and the casks containing the same, branded according to the provisions of this Article; and for every gallon sold contrary to the provisions of this section, the seller shall forfeit a sum equal to the value thereof. Standard. [568] This Article was compiled, with some variations, from the act of 1814, S171. The standard of domestic distilled spirits shall be as follows: All such spirits, at the temperature of sixty degrees according to Fahrenheit's thermometer, and the specific gravity of which shall be 9335, as compared to the gravity of pure distilled water estimated at 10,000, shall be deemed first proof; and the strength of any spirits below or above first proof, shall be calculated decimally, or by the per centage in reference to the above standard, and shall be denoted as so many per cent. below or above first proof as the actual difference in strength shall be. Sect. 172, repealed by Laws of 1831, ch. 97. S 173. Every person who shall adulterate any distilled for adultera spirits, or spirits in a state of distillation, with any poisonous or unhealthy substance, and every person who shall sell such spirits, knowing them to be so adulterated, shall be guilty of ting. a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried; the fine in no case to exceed one thousand dollars, nor the imprisonment the term of four years. ART. 12. altering spirits. $174. Every person who shall fraudulently put any thing Ib. For whatever into any cask of distilled spirits branded by an inspected inspector, for the purpose of altering the real or apparent proof, or the bead or nature of the spirits contained therein; and every person who, without first obliterating the marks of the inspector, shall put in any such cask, after the same shall have been emptied, in whole or in part, of the spirits contained therein when inspected, any other spirits or spirituous liquor whatever; and every person who shall sell, or in any manner dispose of any such cask, when emptied, without effacing the marks of the inspector, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment. S$ 175, 176 repealed by Laws of 1831, ch. 97. ARTICLE TWELFTH. OF THE INSPECTION OF LEAF TOBACCO IN THE CITY OF NEW-YORK. SEC. 177. Inspector of leaf tobacco in city of New-York, to appoint one or more deputies. 178, 179 & 180. (Repealed.) 181. Persons counterfeiting marks, &c. deemed guilty of misdemeanor; penalty. appoint $177. It shall be the duty of the inspector of leaf tobacco Inspector to in the city of New-York, to appoint one or more deputies deputies. under him, who, together with the said inspector, shall, before entering upon the duties of his or their office, take and subscribe the oath required by the constitution. Act of the 19th of April, 1828, ch. 274. §§ 178, 179, 180 repealed by Laws of 1834, ch. 56. for counter marks, &c. [570] S181. If any person or persons shall forge, alter or counter- [569] feit, or attempt to forge, alter or counterfeit any marks or Penalties numbers which may, by such inspection, be put on any cask feiting of tobacco as aforesaid, or if any person shall fraudulently change or re-pack any tobacco so inspected as aforesaid, from one cask into another cask, with the intent to defraud, or impose one quality of tobacco for another quality; or shall fraudulently or with intent to deceive, remove any stave or heading whereon such inspector may have put such marks and numbers as aforesaid; or shall forge, change or alter in any manner, any such weigh-note, or the marks and numbers which such inspector shall have attached to any samples which he may have drawn for exhibition; such person or persons so offending, shall, on conviction thereof before any court having cognizance thereof, be deemed guilty of a misdemeanor, and may be fined or imprisoned, or both, at the discretion of such court. Penalties $182. If any such inspector or any of his deputies, shall on inspecfalsely or fraudulently mark any tobacco submitted to him or deputies. tor and |