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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 tend to the improvement of the quality, or increase in the TITLE3quantity, of the articles subject to his inspection.
Laws of 1823, 245, § 5; 1827, 24; see Laws of 1840, ch. 323.
S 198., Every inspector who shall not comply with the pro- for visions of the preceding section, shall forfeit for each offence the sum of two hundred dollars, to be recovered by the attorney-general, to the use of the people of this state, and in their name.
§ 199. The teim "inspector," as used in each preceding Article of this Title, shall be construed to mean an inspector nned. of the provisions, produce or merchandize to which the Article relates; and as used in this Article, shall be construed to mean every inspector mentioned in the preceding Articles, and also, (except in the two last preceding sections,) the inspectorsgeneral and cullers of staves and heading.
See Laws of 1829, ch. 152, ch. 53; 1830, ch. 325.
OP THE TAKE OF BUTTER FIRKINS, AND THE PACKING AND
Skc. 1. Butter and lard firkins to be weighed and branded.
2. The brand to be taken as the tare of the firkin.
3. Penalty for offering any firkin not stamped, and putting on false mark.
4. By whom penalties recovered, and how applied.
5. Pressed Hay how to be marked and branded.
6. Prohibition against putting up damaged hay, &c.
7. Penalty for violation of preceding provisions.
8. Provision as to weight by which pressed hay may be sold.
9. Fees for inspecting hay.
§ 1. Every firkin in which any butter or lard shall be packed Tar*, for sale, shall be carefully weighed by the person packing the same, and the true weight thereof, be marked or stamped in a legible and durable manner on one of the staves or heads of such firkin, together with the initial letters of the name of the person packing such butter or lard.
Laws of 1816, 96.
§ 2. On every sale of any firkin of butter or lard, the m*) weight so marked or stamped thereon, shall be deemed to be Ibthe tare of such firkin.
2 3. Every person who shall knowingly offer for sale any Penalties, firkin of butter or lard, not so marked or stamped, shall forfeit for each offence the suni of three dollars; and every person who shall put any false mark on any such firkin, or who shall sell, or offer to sell, any butter or lard in any firkin which he shall know to be falsely marked, shall forfeit for each offence the sum of five dollars.
§ 4. The penalties given in the last section, shall be applied to the use of the city, town or village, in which the offence shall be committed: and may be recovered in the name of any Title 4. 0^gceri w},om the town or the corporation of such city or village, shall appoint to sue for the same, pressed nay g 5. Every person who shall put up and press any bundle Regulation. Q£ for market, shall mark or brand, in a legible manner, the initials of his christian name, and his surname, at full length, and the name of the town in which he resides, on some board or wood attached to such bundle of hay.
Laws of 1828, ch. 267; 4 H., 209.
prohibi- g 6. No person shall put or conceal, in any such bundle of hay, any wet or damaged hay, or other materials, or hay of an inferior quality to that which plainly appears upon the outside of such bundle, penalty. g 7. Any person who shall put up, or cause to be put up and sold, any bundle of pressed hay in violation of the preceding provisions, shall be liable to be prosecuted in an action of debt, before any court having jurisdiction thereof, by the person aggrieved thereby; and if the court before whom such suit is brought, shall be satisfied, from the testimony given, that any of the preceding provisions have been violated, such court shall render judgment for a penalty of one dollar against the defendant, in favor of the plaintiff, together with such damages as he has suffered thereby, with costs of suit; but if such court shall be satisfied that no such violation has been committed, the costs shall be awarded against the plaintiff, weight. g 8. Such hay may be sold with or without inspection, and with or without deduction for tare, and by the weight as marked, or any other standard weight, as agreed upon between the buyer and seller.
Laws of 1835, eh. 238.
Pees. g 9. TSo person shall receive any fees or compensation for
inspecting any pressed or other hay, where he is the purchaser thereof for himself, or as agent for any other person.
See Laws of 1832, ch. 141; 1831, ch. 171; 1835, ch. 183.
tW«] TI1XE IV.
OF HAWKERS AND PEDLEES.
8bc. 1. No person to peddle without license.
2. Application for licenses to be made to secretary of state.
3. What duties must be paid before applicant entitled to a license.
4. Secretary to grant license upon applicant's showing payment of fees.
6. Penalty for peddling without license, or contrary to terms of it
7. Penalty for refusing to show license when demanded.
8. Any citizen may apprehend a person found peddling without license, Ac
9. Duty of justice before whom such pedler may be taken.
10. In prosecution for penalties under this Title, when no costs allowed to de
11. No suit to be maintained, unless brought within 60 days after offence.
12. Persons sued for executing this Title, may plead general issue, Ac.
pediers to g 1. No person shall be authorised to travel, from place to udtme. place, within this state, for the purpose of carrying to sell or