ity of tobacco, mentioned in such inspectors account, and secure the same in the manner herein before directed; a copy of which order shall be served on such By the preprietor or owner or proprietor, or his or her guardian, husband, attorney, or agent, (as the case may be) and if such owner or proprietor, his, or her guardian, husband, attorney, or agent, shall fail to appear at the next suceceding court, after such notice, and enter into bond with sufficient security, in a reasonable penalty, payable to the governor for the time being and his successors, with a condition for the due performance of the same, then it shall be lawful for the said court, and they are hereby required, to cause such repairs and houses, to be made and built as aforesaid, and shall certify the charge thereof to the treasurer of this state for the time being, who is hereby required to pay the same out of the public money in his hands, arising from the inspection of tobacco, and shall take and receive from the inspectors the whole or a proportion of the rents established at such ware-houses, for reimbursing the public the charge of such buildings and repairs, with interest thereon, which proportion shall be settled by the court, and by them certified to the treasurer; but if there shall appear to be an immediate occasion to hire houses before others can be built as aforesaid, the rent of such houses shall be paid by the public, without any charge upon the landlord. Provided, That where Proviso for two or more inspections are established in one county, united inwithin the distance of six miles, and that it shall be spections. necessary to build more houses at any of them, the eourt shall direct the building such additional houses, at such of the said inspections as to them shall seem most proper, and if there shall be in the whole sufficient house room, according to the directions of this act, for two thirds of the tobacco brought to such inspection, the court shall not direct the building other houses at any of them. taken from Nor inspect ors to keep How proprietors may be restored to or refusing shall forfeit and pay thirty pounds; to bé recovered in the general court with costs, by action of Convenien- debt or information against such justices jointly. Proces not to be vided always, That nothing herein contained shall be proprietors. construed to give power to the said justices to take away the houses, orchards, or other immediate conveniences of any proprietors of lands for the purposes aforesaid, nor to the said inspectors to keep any hor itorses, cal ses, cattle, or hogs, at any public ware-houses, except tle, or hogs, their riding horses, upon the land appointed for such on the land. ware-houses; and if any swine belonging to the said inspectors, or any of them, shall be found at large upon the land appropriated for such ware-houses, or the lands adjoining thereto, it shall be lawful for the proprietors of the said lands to kill, or cause to be killed or destroyed, all such swine. Provided also, That where any ware-houses have been or shall be built by the justices or other persons as aforesaid, and the first proprietor of the land shall desire to have the same again, such proprietor, upon payment of so much money as shall be sufficient to reimburse the said justices or other person the principal money expended for the purchase of the land and the building such ware-hous-, es, with lawful interest, deducting the rents received by the said justices or other person, shall be restored to his former estate in the land whereon such warehouses are built, and shall receive the rents aforesaid growing due for such ware-houses. Provided also, That if any proprietor so as aforesaid restored to his estate, shall neglect or refuse to build and repair such houses and whars as the court shall think necessary, the justices shall again be seized of the fee simple es--tate in such land during the time such place shall be made use of for a public warehouse, and such proprietor shall not have any benefit of the rents that shall hereafter become due. former es tate; But if he a gain fails to build or re pair, to be revested in the public. Waste or de how to be punished. X. And be it further enacted, That on complaint bestruction of ing made by the owner or owners of any of the warewarehouses, houses aforesaid, to any justice of the peace in the county where such warehouse shall lie, against any person or persons for breaking, tearing, or committing any waste or destruction of, or in, such warehouse or warehouses, it shall be lawful for such justice, and he is hereby empowered and required, to give judgment and award execution against the body or estate of such Scales and weights to offender if found guilty, for all damages occasioned by such breaking, tearing, or waste or destruction, provided such damages do not exceed the sum of twentyfive shillings in his opinion; and if such damages shallexceed that sum, then it shall be lawful for such owner or owners to commence and prosecute his or their action at law against any such offender, in any court of record within this state, in which the plaintiff shall recover costs, although the damage shall be under forty shillings. XI. And be it further enacted, That there shall be be provided, kept at every one of the said warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales with weights to weigh fifteen hundred pounds at the least, and a set of small weights the same that are or ought to be provided for the standard weights of each county; and where such scales and weights are not already provided, or now are or shall hereafter be worn out or become un And tried & fit for use, the justices of the respective county courts XII And be it further enacted, That all tobacco Inspectors, how nomina ted and com missioned, es shall be viewed, inspected, and examined, by two persons to be thereunto appointed, who shall be called inspectors, which said inspectors shall be appointed in the following manner, that is to say: The courts of the several counties within this state, wherein any of the public warehouses appointed by this act are established, shall, and they are hereby required, once in every year, and no oftener, at their respective county courts held in the months of August or September, to nominate and recommeud to the governor, for the time being, for so many offices of inspection as are or shall be in their respective counties, four fit and able persons, reputed to be skilful in tobacco, for the execution of the office of inspectors; and where two ware-houses, under one and the same inspection, happen to lie in different countries, in that case the court of each county shall nominate and recommend two for such inspection, which nomination the said court shall cause to be entered upon record; and the clerks of the said courts shall, and they are hereby required, forthwith to transmit a certificate of the same to the clerk of the council; and out of the said four persons nominated and recommended for each inspection, the governor, with advice and consent of council, shall choose and appoint two to execute the office of inspectors at such inspection; and in default of such nomination or recommendation by the county courts as aforesaid, the governor, with the like advice and consent, shall appoint such persons as he shall think fit to be inspectors at such inspection for which no nomination or recommendation shall be made as aforesaid; and also in case of the death, resignation, or removal of any inspector, the governor shall and may appoint any person named in the last recommendation from the county court for that inspection where the vacancy shall happen, to succeed him until the next nomination and appointment of inspectors; but if either of the persons named in such last recommendation, will not accept the said office, in that case the governor, with the advice and consent of the council, may appoint a any other person they shall think fit; and al inspectors besides the two inspectors appointed as aforesaid, the governor, for the time being, with the advice of the council, shall appoint one of the persons recommended with such inspectors, to be additional inspector at the warehouse for which he shall be recommended, which An addition and when to act. additional inspector shall officiate as such only in cases of the disagreement in opinion of the other inspectors as to the quality of tobacco brought to their inspection, or where either of them shall through sickness or otherwise be absent from his duty, or shall bring his own tobacco to the warehouse whereof he is inspector, to be viewed; and the said additional inspector shall be paid for the services he shall perform, by occasion of the absence of either of the other inspectors, out of the salary of such absentee, in proportion to the time he shall officiate. XIII. And be it further enacted, That if any inspec- to take a reNo inspector tor shall hereafter accept, receive, or take directly or ward for re indirectly, any fee, gratuity, service, or reward whatso- signing. ever, of any person, for resigning or giving up his office of inspector, he shall not only be forever disabled from holding the like office, but for such offence shall forfeit and pay the sum of two hundred pounds, to be recovered with costs, by action of debt, in any court of record within this state, by any person suing for the same; and every person offering or paying, directly or indi- Penalty on rectly, any fee, service, gratuity, or reward whatsoever, giver & reto any inspector to resign his said office, shall for the said offence, be forever disabled from holding the office ceiver. commenda of inspector within this state. Provided always. That No inspector no justice of the peace, being an inspector, or recom- to vote in remended to be an inspector, shall be allowed to vote in tion. nominatione recommendation of persons to be inspectors as aforesaid; and where any p person once re- Inspectorsin commended as aforesaid, and executing the office of office recominspector in pursuance of such recommendation, shall mended conbe again recommended the succeeding year, the same out new shall be a sufficient appointment to him to continue in commissions the said office for another year without any new commission, and so from year to year, so long as he shall be so recommended as aforesaid. XIV. And be it further enacted, That every person appointed, or to be appointed, inspector by virtue of this act, shall, before he enters upon the execution of the said office, enter into bond with good security, in the penalty of one thousand pounds, payable to the governor, for the time being, and his successors, with condition for the true and faithful performance of his duty, according to the directions of this act; which bond shall be recorded in the county, and transmitted tinue with Inspectors to give bond and take an oath. |