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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.
§ 168. 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.
OP THE INSPECTION OF DISTILLED SPIRITS.
Sec. 170. Spirits to be inspected in New York.
171. Standard of domestic distilled spirits.
173. Penalty for adulterating spirits.
174. Penalty for altering proof after inspection, and for not cutting out marks. 175 & 176. (Repealed.)
Di«tined § 170. No spirits distilled within the United States, and inspected.1'8 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.
This Article was compiled, with some variations, from the act of 1814,
standard. § 171. 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Sect. 172, repealed by Laws of 1831, ch. 97.
[S68] § 173. Every person who shall adulterate any distilled toDad£iTeer* spirits, or spirits in a state of distillation, with any poisonous ting. or unhealthy substance, and every person who shall sell such spirits, knowing them to be so adulterated, shall be guilty of
TITLE 1 Penalty.
Fees of inspector.
a misdemeanor, punishable by fine or imprisonment, or both, AHT"u 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.
§ 174. Every person who shall fraudulently put any thing J^jJ0' whatever into any cask of distilled spirits branded by an inspected inspector, for the purpose of altering the real or apparent BpiritBproof, 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.
§§ 175, 176 repealed by Laws of 1831, ch. 97.
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
181. Persons counterfeiting marks, ic. deemed guilty of misdemeanor; penalty.
182. Penalties upon inspector and his deputies, for various acts of misconduct.
5 177. 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. 66.
S 181. If any person or persons shall forge, alter or counter- [»69] feit, or attempt to forge, alter or counterfeit any marks or ^"counternumbers which may, by such inspection, be put on any cask jw»"g &c 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 ^liL.
TITL*1 them for inspection, or shall make and deliver any false or fraudulent weigh-bill or note of any tobacco by him or them so inspected, such inspector or deputy shall, on conviction thereof, before any court having jurisdiction thereof, be deemed guilty of a misdemeanor, and may be fined, or imprisoned, or both, at the discretion of such court: and further, if any inspector or his deputy shall unreasouably refuse or neglect to do the duties of his office, such inspector or deputy, on conviction thereof, shall be liable to treble damages of any person aggrieved thereby, who may sue for the same in his own name and for his own use.
Act of the 19th of April, 1828, ch. 274; see Laws of 1834, ch. 56.
Sec 183, 184 & 185. Unclaimed articles, when to be sold, Ac.
186. Inspectors to account annually to comptroller.
187. Every such report to be accompanied by an affidavit.
188. If no such sales, inspector to transmit affidavit to comptroller.
189. Penalty for neglecting to make such report or affidavit.
190. Penalty for unnecessary delay, in inspecting articles.
191. Penalty for fraud by inspector.
192. Penalty for obstructing inspectors in their duties.
193. Peualty for counterfeiting, Ac., brands or marks.
194. Penalty for counterfeiting marks, Ac., upon hogsheads, Ac.
196. Penalties incurred by inspectors prosecuted by district attomies.
197. Inspectors to report annually.
198. Penalty for not complying with preceding section.
199. Meaning of term "inspector."
Articles not <5 183. If any articles subject to inspection, and stored with dalmei an inspector, shall not be claimed by the owner within one year from the time they shall have been inspected, such inspector shall deliver to an auctioneer in the city or county in which he shall reside, an invoice or bill of such articles, specifying the quantity and quality, aud the brands or other marks thereon, and also the name and residence of the owner, and of the person delivering the same for inspection, according to his information or belief.
Laws of 1822, 164, § 17; 1819, 147, § 12.
ism § 184. Such auctioneer shall sell such articles at public auoot'on! auction, and shall cause an advertisement of the sale to be inserted for at least six weeks in succession immediately previous thereto, in the state paper, and in a newspaper printed in the city or county of his residence. He shall state in the advertisement the time and place of sale, and the quantity, quality, and marks of the articles to be sold, and the names of the owner and his agent, according to the bill delivered to him.
Laws of 1822, 164, § 17; 1819, 147, § 12.
Account of § 185. If, before the day of sale, the owner shall not claim rendered? sucn articles, and pay the legal fees and charges thereon, the *
auctioneer shall complete the sale, and render an account AM-Uthereof, to the comptroller, and pay the proceeds to the treasurer of this state, deducting the customary charges and expenses of the sale, and the legal fees and charges of the inspector, which shall be paid by such auctioneer. The monies paid into the treasury shall remain therein for the benefit of the owner, and be paid to him on his furnishing to the comptroller satisfactory evidence of his right.
§ 186. Every inspector shall annually on the first day of J"^*0'40 January, transmit on oath to the comptroller, a duplicate of every invoice or bill of such articles, which, during the pre- , ceding year, may have beeu delivered to any auctioneer, and the amount received by him on the sales of any such articles, from any auctioneer.
S 187. Every such report of an inspector of pot and pearl SHuscomp*. ashes shall be accompanied by an oath or affirmation taken j£wn>j and subscribed before some proper officer, that he has delivered 04 to some auctioneer of the city or county, (mentioning his name) an invoice, weigh-note, or bill of inspection of all the unclaimed ashes which had been in his hands one year or more, and that he has duly accounted with the owner or agent for all the ashes delivered to his care for inspection, as the law directs, and that he has not by himself or by any person in, his employ, made out an invoice, weigh-note, or bill of inspection, of a later date than the time such ashes were duly , inspected, and that the same were emptied out of the cask or casks, and duly examined, at the date of every such invoice, weigh-note, or bill of inspection.
<§ 188. If no such invoice or bill shall have been delivered reared, to any auctioneer during the preceding year, by any such inspector, he shall, notwithstanding, transmit to the comptroller, on the first day of January in each year, an affidavit, stating that there have been no articles subject to inspection stored with him, which have remained not claimed by the owner, within one year from the time they shall have been inspected. ,;
§ 189. Every inspector who shall neglect to make any ^"jjjgfor report or affidavit required in either of the three last sections, neg shall be deemed guilty of a misdemeanor, punishable by a fine L*t») not exceeding twenty-five hundred dollars, and by imprisonment not exceeding one year; and the comptroller shall direct the district attorney of the county where such inspector resides, to prosecute for such offence.
§ 190. Every inspector, who shall be required to inspect Jjj^'^j any articles subject to his inspection, if not then engaged in inspect, the business of his office, shall proceed without delay to inspect the same; and for every three hours of unnecessary delay in such inspection, he shall forfeit to the person delayed, three dollars, in addition to the damages which such person shall actually sustain.
§ 191. Every inspector guilty of any fraud, mal-practice, or P<"»t»nL —67
mem for connivance in the discharge of his duties, or who shall offer fr*od- any fee or reward to any person in order to obtain the profits of inspecting articles subject to his inspection, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court, by which he shall be tried.
opposing g 192. Every person who shall oppose or obstruct, any mf&raiMit- inspector in the execution of his duties or powers, shall be or' guilty of a misdemeanor, punishable by fine and imprisonment.
Counter- § 193. Every person who shall counterfeit, or fraudulently bnubl alter or deface the brands or other marks of an inspector, shall be guilty of a misdemeanor, punishable by fine and imprisonment, the fine not to exceed two thousand dollars, nor the imprisonment three years.' ib. § 194. Every person who shall counterfeit, or fraudulently
alter or deface, the brands or other marks put upon any hogshead, barrel or half-barrel, containing flour, meal, beef, pork, pot or pearl ashes, fish, fish oil, liver oil, or distilled spirits, by the owner thereof, shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. Penalties, § 195. Every penalty imposed in each preceding Article of how sued ^jjjg Tjtje. an(j not otherwise specially appropriated, except such as shall be incurred by inspectors, shall be prosecuted for, by any inspector, acting under the Article, the provisions of which shall be violated, whose powers extend to the place in which the offence shall be committed. The monies recovered, deducting such sum, not exceeding one half of the amount, as shall be allowed to the inspector prosecuting, for his expenses and trouble, by the court in which the recovery or conviction shall be had, shall be paid to the chamberlain or treasurer of the city, or treasurer of the county, in which the offence shall be committed, for the use of the poor of such city or county. Id. § 196. Every such penalty which shall be incurred by an
inspector, shall be prosecuted for by the district attorney of [ST3] the county in which such inspector shall reside; and the monies recovered, deducting a reasonable counsel fee to the district attorney, to be settled by the court in which the recovery or conviction shall be had, shall be paid and applied in the manner specified in the last preceding section, inspectors § 197. Every inspector acting under any Article of this legislature. Title, shall report annually to the legislature, and on or before the first day of February in each year, the quantity, and, as near as may be, the quality and value of the produce, provisions or merchandize, inspected by him during the year ending on the first day of January next preceding the making of such report, together with the amount of the fees and emoluments derived from his office; and shall also communicate in his report, such information possessed by him, as may