Chap. 316.—An ACT to revise the laws relating to the inspection of
tobacco, and warehouse charges, and to insure the proper delivery of
tubacco to the consignees, and to repeal all acts on the subject which
were in force on the Ist January, 1877. .

Approved April 4, 1877.

1. Be it onacted by the general assembly, That chapter
eighty-five of the Code of Virginia, editicn of eighteen hun-
dred and seventy-three; chapter one hundred and forty-one
of the Acts of Assembly of eighteen hundred and sixty-six-
seven; chapters seventy-five, and three hundred and seventy-
five, of the Acts of Assembly of eighteen hundred and seven-
ty- -tWO- three; chapters one hundred and fifty-six, one hundred
and ei hty-six, and two hundred and twenty- -eight, of the
Acts of Assembly of eighteen hundred and seventy-four; and
all otber acts and parts of acts relating to the inspection of
tobacco, and warehouse charges, in force on the firat day of
January, eighteen hundred and seventy-seven, be and the
same are hereby repealed.
2. And be it further enacted, That the subject of the sam-
pling and sale of tobacco, and warehouse charges, shall be
hereafter subject to the provisions of this act; that is to say:

3. The several county and corporation courts may authorize
the erection of tobacco warehouses, or may establish the
same; which said warehouses shall be constructed, or shall
have been constructed, so as to keep safely and securely, and

uard against fire and weather, as far as practicable, all to-

acco stored therein; and shall at all times (Sundays ex-
cepted), be kept open, and in good repair for receiving, stor-
ing, selling, and delivering tobacco: provided that the owner
or ewners of warehouses shall have the right to close his or
their warehouse at pleasure, after publishing such intention
for four weeks in some newspaper published in the city or
county in which such warehouse is established, or, if no news-
paper is published in such county, then for four successive
weeks at the front door of the courthouse thereof.

4. The governor shall, in January or February, eighteen
hundred and seventy-eight, and every fourth year thereafter,
by and with the advice and consent of the senate, appoint
two samplers of tobacco for each public warehouse.

3. Vacancies in the office of sampler shall be filled in the
same manner that the original appointment was made, or by
the governor, if the general assembly is not in session.

6. The term of office of said samplers shall commence on
the first day of October next succeeding such appointment,
and continue for four years, and until their successors are
qualified.

7. The court of any county or corporation wherein there
18 @ public warehouse, shall take a bond from every person
appointed a sampler of such warehouse; such bond shall be
in the penalty of ten thousand dollars. Within thirty days
after the execution of any such bond, the clerk of the court
in which it is given shall transmit a copy to the auditor of
public accounts. If he fail to do so, he shall forfeit one bun-
dred dollars.

8. Each sampler may nominate to the governor a deputy,
who, if accepted by him, after taking the oath required by
Jaw, in case his principal shall be unable to attend to his du-
ties, may do and perform the duties of his principal sampler;
the said principal, and his sureties on his official bond, being
responsible for all the acts of his deputy.

9. If any samplers of tobacco shall fail to qualify and give
bond, according to law, within sixty days after his appoint-
ment, his Office shall be deemed vacant. .

10. New samplers, appointed at any such warehouse, shall
give to those whom they succeed, a receipt, containing the
numbers, marks, and gross tare, and net weight, of every
hogshead or cask of tobacco which shall be then at the ware-
house. They shall be thereupon chargeable with the delivery
of such hogsheads and casks of tobacco, but in no way ac-
countable for any loss of weight or defect of quality of said
tobacco, which may have occurred without their fault.
11. They shall uncase and break every hogshead, cask,
tierce, or box of tobacco brought to be samp'ed; weigh, sam-
ple, mark, or brand the same, as “ Virginia,” or ‘“ Western,”
according to the facts; and also, with the name of the ware-
house, the tare of the hdgshead, cask, tierce, or box; the
quantity of net tobacco therein, and the condition thereof.
The net weight shall be ascertained by weighing the hogs-
head, cask, tierce, or box, before it is uncased, and dedacting
therefrom the weight of the empty hogshead, cask, tierce, or
box. The sample shall not exceed eight pounds weight, and
shall belong to the buyer. )

12. The sampler shall thereupon give a receipt or note for
every such hogshead, cask, tierce, or box, if required by the
owner, in the following form, if the tobacco be good, sound,
well conditioned, and merchantable:

Warehouse,

day of

the , 18—.

VIRGINIA TOBACCO.

MARKS. NO. |GROSS., TARE.| NET.

Received of —_——,,
hogsheads, &c., of tobacco,
marks, numbers, weights, and
species, as per margin, to be de-
livered to the said :
or order, on demand.
| Witness our hands.

9

——

3
Passed. | Samplers.

13. Where any tobacco received at any warehouse to be
sampled, shall be found to be not good, sound, well-conditioned,
merchantable, and clear of trasb, the sampler, in addition to
the marks required as to passed tobacco, if required by the
owner, shall also give a receipt in the form prescribed for
passed tobacco, except that the word “refused” shall be
plainly written on the face thereof, instead of the word
“nassed.”’ If the tobacco be of good quality, and only too
high in order for shipment, then the sampler shall not mark
the receipt “refused,” but shall mark it with the words “too
high.” If the tobacco sampled shall be western, the receipt
shall so state. ~

14. Any person, who shall fraudulently make any false
mark or brand upon, or witb a fraudulent intent alter, oblit-
crate, or remove any mark or brand, or shift the contents of
such hogshead, cask, tierce, or box, or cause the same to be
done, shall, for every such offence, forfeit fifty dollars. And
if any person use, or permit to be used on any hogshead,
cask, tierce, or box of tobacco, any name, brand, or mark
indicating the name of a planter who neither raised nor sold
said tobacco, he shall forfeit twenty dollars for each hogs.
head, cask, tierce, or box so falsely marked or branded; and
it any person other than the owner, or the authorized agent
of such owner, shall alter, obliterate, or remove any mark or
brand upon any prized package of tobacco, or otherwise
divert said prized package from the warebouse to which it
was directed to be weighed and sampled, he shall forfeit fifty
dollars for each offence.

15. Betore any unmanufactured western. tobacco, whether
stemmed or unstemmed, brought to Virginia in hogsheads
or prized packages, shall be offered for sale, or shipped, or
exported therefrom except such tobacco in transitu, the owner
thereof, his agent, or a sampler ot tobacco, shall mark or
brand each hogshead or package with the words “ western
tobacco.” If any person shall sell or offer for sale, or shall
ship or export any such tobacco representing the same b
marks, brands, or otherwise as Virginia tobacco, he shall
pay a fine of not less than fifty nor more than one hundred
dollars, for each hogshead or package so sold or offered for
sale—one-half to go to the use of the state, and the other
half to the informer.

16. The samplers shall receive and weigh all loose tobacco
brought to their warehouses, and give certificates for the
same, and issue manifests thereof when delivered out.

17. The samplers shall, immediately on the delivery of
any tobacco to their warehouses, if required by the person
bringing the same, give a receipt therefor, describing the
same as unsampled tobacco. Any sampler refusing to do so,
shall pay the owner of such tobacco fifty dollars.

18. Any sampler who shall deliver from his warehouse any
tobacco, without an order from the owner or his authorized
agent, shall, for every hogshead, cask, or parcel of tobacco
so delivered, forfeit to the owner one hundred and fifty dollars.

19. The samplers shall furnish with all tobacco delivered
out of their warehouses, if required by the owner or his
authorized agent, a manifest or list of the same, describing,
as ip notes, receipts, or certificates given therefor, when the
the same was inspected, or in manifest thereof, when received
from another warehouse.

20. All notes, or receipts and manifests, shall be on printed
blanks, and the date inserted at full length.

21. Every sampler who shal! issue a note, receipt, or mani-
fest, in any other manner than is prescribed by law, shall
forfeit one hundred dollars.

22. The sampler of any warehouse, at the request of the
pwner or his authorized agent, of the sampled tobacco so
stored therein, shall. resample and weigh it, and if found to
be damaged, or that any part of it has been embezzled, it
shall be so entered on their books, and shall be subject to the
order of the owner.

23. If any sampler shall deliver out, in discharge of any
note or receipt, other tobacco than that for which the same
was issued, orshall alter or shift any tobacco from the hogshead
or cask, in, which the same was received, except in a Case ex-
pressly authorized by law, be shall forfeit for every such
offence one hundred and fifty dollars.

24. If any sampler shall fail to deliver any tobacco, when
it is demanded, to the owner thereof, or his autborized agent,
be shall forfeit to such owner double the value of such to-
bacco.

23. The samplers shall provide and keep books, in which
they shall enter the numbers, weights, marks, and owner's
names of all tobacco received, sampled, or delivered out by
them, as well as at the time the same was received, as at the
time the same was sampled or delivered out, and note the
state and condition of each hogshead, cask,-tierce or box;
and in which, also, they shall keep fuir and true accounts of
all‘money received by them to the use of the proprietors of
the warehouses.

26. If any sampler shall, directly or indirectly, buy, stem,
or manufacture any tobacco other than tobacco grown on his
own plantation, be shall forfeit ten dollars for every hundred
pounds of tobacco so bought, stemmed or manufactured.

27. If any hogshead or cask of tobacco shall be delivered
out by any samplers, and received by the owner, such sam-
plers, from the time of such delivery, shall be discharged
from any liability for the said tobacco being unsound or un-
merchantable, or of less quantity than the notes or receipts
given for the same specify. unless it shall be proven that such
Joss was due to the negligence of the sampler.

28. There shall be paid to said samplers for each hogshead,

cask, tierce or box, weighing not less than five hundred
pounds, sampled by them, one dollar for opening, sampling,
coopering up, furnishing nails, marking and weighing, to be
paid by the owner. Fora review, the fees shall not exceed
one dollar; and for re-sampling, the fee shall be the same.
» 29. For each bogshead, cask, ticrce or box of tobacco,
weighing not Jess than five hundred pounds, received, sam-
pled, stored or delivered out of any warehouse, rent shall be
paid to the samplers at the following rates, to wit: Seventy-
five cents for a period not exceeding four months, or any
part thereof, and ten cents for cach month after four months,
or any part of the said month, that the tobacco shall remain
in said warchouse, to be paid by the purchaser or persons to
whom the hogshead, cask, tierce ar box is delivered, which
rent shall be for the exclusive use of the proprietors of the
warehouse.

30. For every hogshead, cask, tierce or box, of the weight
aforesaid, of sampled tobacco, received on storage at any
warchouse, there shall he paid to the samplers thereof one
dollar. |

31. There shall be paid to the samplers of each bhogshead,
cask, tierce or box, of five hundred pounds and over, de-
livered out of their warehouse, fifty cents, to be paid by the
person to whom the hogshead, cask, tierce or box is delivered.
Where tobacco is reviewed or re-sampled in the same ware-
house in which it was originally sampled, there shall be but
one storage fee, and one outage fee, for cach hogshead, cask,
tierce or box: provided that should there be any extra sto-
rage on said re-sampled tobacco, it shall attach to the re-
sampled number, and be paid by the purchaser.

32. For such services by the samplers, and for storage, as
are mentioned in the preceding sections, one-half the amount
prescribed therein shall be paid, where the hogsbead, cask,
tierce or box is of less weight than five hundred pounds, to
be paid by the persons mentioned in said sections.

33. For all loose tobacco sold at any public warehouse, the
following charges shall be paid, to wit: For any quantity of
loose tobacco, there shall be paid by the owner eight cents on
every hundred pounds, and there shall be paid by the pur-
chaser ejght cents for every hundred pounds; eight cents per
hundred of which shall be for the use of the sampler, and
cigbt cents per hundred of which shall be for the use of the
proprictor; und no other or further fee or charge shall be
made for loose tobacco sold as aforesaid, but the said fees
shail be in full of all services rendered in respect thereto,
including receiving, unloading, weigbing and delivering.

34. The samplers shall require payment of all suma to be
paid to the state, or tothe proprictors of their warehouses,
before the delivery of the tobacco for which they are due,
and shall not be bound to deliver any such tobacco until such
sums and all their own fees have been paid.

39. An additional sampler, when called to act by reason of
the disagreement in opinion, or the absence, or to sample
the tobacco of qther samplers, shall be paid, in the first case,
out of the fees of the other samplers, in proportion to the
time he shall officiate; in all other cases, out of the fees of
the sampler who is absent, oc whose tobacco is to be sampled.

36. No sampler of tobacco shall divide his sample fees with
any person, nor shall any sampler or proprietor of any ware-
house pay to anotber a bonus to induce tobacco to be carried
to bis warehouse; and if any sampler or proprictor of any
warehouse shall violate this provision, or shall demand or re-
ceive for his services any other fees, greater or less than are
allowed by law, be shall be deemed guilty of a misdemeanor;
and any agent or representative of any person for the sale of
tobacco, who receives any rebate or bonus of any partof the

sampler’ 8 fees, or warehouse fees, shall be deemed guilty of a
misdemeanor, ‘and in the discretion of the jury, may be pun-
ished by fine ‘of not less than twenty nor more than’one hun-
dreg dollars: provided that nothing in this act shall be con-
strued to prevent any sampler or proprietor of a warehouse
from making and publishing a uniform reduction for the ben-
efit of the public generally, of the fees to be charged at his
warehouse for the services of such sampler, or the rent of
such warehouse, respectively; the judges of the county and
corporation courts shall give this act in charge to the grand
juries, in such counties and cities as have public tobacco ware-
houses situated therein.
37. The samplers of each warehouse shall account for and
pay to the proprietors thereof, on the tenth day of April, the
tenth day of July, the tenth day of October, and the tenth
day of January, in each year, all money received, or which
ought to be received by them, to the use of said proprietors.
And the proprietors of every such warehouse shall keep, free
of charge to the planter and owner of tobacco, an open policy
of insurance upon their respective warehouses, sufficient to
cover every loss by fire or water which any persun having
tobacco stored therein may sustain; and for a failure so to
do, they shall be liable to the owners thereof for any damage
or Joss that they may sustain by reason of any partial or
total destruction of said tobacco by fire or water.

38. Every commission merchant or other person, to whom
unmanufactured tobacco, in hogsheads or packages, owned by
a farmer or planter, is consigned for sale, shall store such
tobacco in .a public warehouse, unless otherwise instructed
in writing by the owner at the time of shipment, and it shall
be unlawful for any person to offer such unmanufactured to-
bacco, when so stored in a public warehouse, for sale by sam-
ple, unless such sample bas been drawn and certified by a
sampler of tobacco appointed by the governor, and qualified
according to jaw: provided that the owner of any package
of prized tobacco for himself, or his authorized agent acting
for him, may have the same exposed for sale, uncased, and
uncovered and sampled, as loose tobacco, in the presence of
both buyer and seller, without being sampled according to
the provisions of this section.

39. The proprietor of every warehouse shall have provided
proper scales or balances and weights, and all other proper
conveniences, and see that they are kept in repair, and that
the weights conform to the lawful standard.

40. On complaint to the governor of neglect of duty or
misconduct by a sampler, he shall hear the said complaint,
upon giving notice of the time and place of hearing to said
sampler, and upon being satisfied that the complaint is sus-
tained, he shall remove the sampler.

41. If any person use, or permit to be used, on any cask,
box or keg of manufactured tobacco, any brand or mark in-
dicating a place ora manufacturer different from the place in
which, or the manufacturer by whom it was really manu-
factured, he shall forfeit ten dollars for each cask, box, or
keg so falsely marked or branded, one-balf whereof shall be
to the informer.

42. None of the provisions of this act, other than the pre-
ceding section, shall be construed to apply to manufactured
tobacco.

43. Any person nesting a hogshead or cask of tobacco with
inferior tobacco, or other thing, with the intention of de-
frauding the purchaser, shall be fined one hundred dollars for
each hogshead or cask so nested.

44. Any one violating the twenty-eighth, twenty-ninth,
thirtieth, thirty-first, thirty-second, thirty-third or thirty-
eight sections of this act, shall be fined one hundred dollars
for each offence, one-half of the fine to go to the informer.

45. The commander of any boat or vessel taking on board
of his vessel any tobacco, in bulk or in parcels, otherwise
than in hogsheads or casks, to be transported for hire from
one part of the state to another part thereof, shall keep an
record of the quantity of such tobacco; how encased, if at
all, and of the names and addresses of the consignors and
consignees; which record shall be open to the inspection of
any party interested. For every violation of this section,
such commander shall forfeit twenty dollars.

46. If the commander of such boat or vessel, or other per-
son employed thereon, shall knowingly, without the consent
of the owner, take any tobacco on board, or conceal the fact
of its being on board, the party so offending, if he be the
commander of such boat or vessel, shall forfeit ten cents for
every hundred pounds weight of such tobacco; if he be a
person other than the commander, he shall forfeit twenty
dollars for such offence. All tobacco put on board such boat
or vessel without the knowledge of the owner, shall be re-
stored to him.

47. That the owners of every warehouse in this state shall,
at least once a year, be required to publish in some-newspa-
per published in this state, at least once a week for fuur
weeks, the amount of insurance effected on their several
houses, and the companies in which the same has been
effected, and the length of time said policies shall run.

48. Each sampler is to keep in a different column an ac-
count of all reprised packages from original samples. By fail-
ing to comply with the provisions of this section, the sam-
pler shall forfeit one hundred dollars, and it shall be sufficient
cause for removal from office.

49. Any person, corporation, warehouse, steam or canal
boat, commission merchant, broker, or factor, sending the
tobacco of any planter or other person, to any warehouse
other than to the house to which it is marked by the owner
or his agent, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, be fined not less than twenty dol-
Jars nor more tban fifty dollars on each package so sent.

50. This act shall be in force from its passage.