Chap. 141.—An ACT to amend certain sections of chapter 87 of the Code
of 1860, and in relation to the Inspection of Tobacco,
e

Passed April 29, 1867,

1. Beit enacted by the general assembly, That sections four,
nine, eleven, fourteen, eluhteen, nineteen, thirty-eight, forty:
two, forty-three, forty-four, forty-five, forty- “six, fifty tw o, of
chapter ‘elghty-seven of the Code of ‘eighteen hunilred and
sixty, be amended and re-enacted so as to read as follows:

“4 4. For cach hoeshead of tobacco received, inspected,
stored or delivered out of any warehouse, rent shall be paid
to the inspectors at the following rates, to wit: one dollar
for a period not exceeding four months or any part thereof,
and ten cents for each month after four months, or any part
of the said month that the said tobacco shall remain in said
warehouse, to be paid by the purchaser or persons to whom
the hogshead is delivered, which rent shall be for the excln-
sive use of the proprietors of the warehouse.”

“$9. The governor shall annually, in the months of Au-
cust or September, or as soon thereafter as practicable. ap-
poinf one inspector of tobacco for each warehouse established
by law in any county or corporation; and at the same time
the owner or owners, or a majority of the’same in interest,
shall appoint one other insnector tor the said warehouse. — It
shall be the duty of the owner or owners, or a majority of
the same in interest, within thirty days atver said appoint-
Ment, to certify the said appointmeént to the governor of the
commonwealth, who shall tommission said Inspector!

“$11. The terms of office of said inspec tors shall com.
mence on the first day of January next succeeding such ap-
pointment, and continue for one year and until their sueces-
sors are qualified: provided, however, that the first appoint-
ment of said inspectors may be made by the court at any
term thereof, and shall include in the term of service of said
Inspectors the period of time intervening between the date
of said first appointment and the first day of the next sue-
cceding January. The annual appointments for such ware
houses shall be made thereafter in the months of August ard
September.”

“9 Tb Phe said insy@etors shall attend their warehouses
respectively, unless in case of sickness or other necesssr
cause of absence, every day (Sundays excepted), for t the pur
vose of discharzing the duties of their offices.

ey Es. W here any tobacco received at any warehonse fer
inspection shall be found te be net good, sound, well-eant:
tioned, merchantable and clear of trash, the i Inspectors in al:
dition to the marks required as to passed tobacco, if requires
by the owner, shall also cive a rece Ipt, in the form i
for passed tobacco, excent that the word “refused” shal te
plaiaiv written on the thee thereof, instead of the word
“passed.” Tf the tobacco be of good quality, and only to
hich in order for shipme nt, then the Inspector shall not ma
the re celpt “refused,” but shall mark it with the words, - “Bn
high.”

‘$19. Any person who sha‘l, with a trandulent inten,
alter, obliterate, or remove any mark or brand, or shift the
contents of such hooshead or cask,‘or cause the same to le
done, shall. for every such oYence, forfeit titty doilars.”*

“QOS. Tf any inspector shall, directly or indirectly, buy
or sell, stem or ments. cture any tobacco i in the city or counly
in which his warehous is situated (other than tobacco grown
on lis own plantation), he shall forfeit ten dollars tor every
hundred pounds of tobacco so bought, sold, stemmed or
manufhetured; but this section shall not prohibit any in-
spector from acting as crier or aeegt for any owner In selling
tobacco publicly or privately, or at any tobacco exchange, of
at auction at his warehouse. *

“$45. There shall be paid to said inspectors, for each
hogshead or cask inspeeted by them, one dollar and fifteen
cents for opening, insvecting, coopering up, furnishing nails.
marking and weighines, to he paid by the owner.

“OS -4b For every hogshead or cask, of the weight stfore-

said, of inspected tobacco received on storage at any ware
once, there shall be paid to the inspectors thereof ome dollar.

Ҥ45. There shall be paid to the inspectors, for each hess
head or cask delivered out of their war ehomnse, hfty cents. to
he paid by the person to whom the hogshead is delivered.

“Sy 46. ‘For the duty to the state and such services by the
Inspectors ag are mentioned in the preceding sections, one
half the amount prescribed there shall-be paid where the
hoyshead, box er cask is of less weleht than tive hundred
pounds, to be paid by the persons mentioned in said sections
For all loose tobaceo sold at any warchouse or by inspectors ¢!

tobacco, the following charges shall be paid, to wit: fer any
quantity of loose tobaeco, there shall be paid by the owner
to the inspectors, eight cents for every hundred, pounds, t67
inspectors’ fees; and there shall be paid by the purcharer,
el ie hit cents for ev ery hundred pounds, for the use of the pre-
prieten's."

Ҥo2. The inspectors at each warehouse shall account tor
ind pay to the proprietors thereof, on the tenth day of April,
he tenth day of July, the tenth day of October and the
enth day of Jannary in each year, all money received, or
which ought to be received by ‘them, to the use of said pro-
yrietors

2. That the justices of any county or corporation, all the
ustices having been summoned for that purpose and a ma-
jority being present, may authorize the erection of ware-
houses by owners thereot, or may establish the same, which
saidl warehouse shill be constructed, or shall have been con-
structed, so as to keep safely and securely, and guard against
fire and weather, as far as practicable, all tobacco stored
therein, and shall at all times (Sundays excepted) be kept
open and in good repair for receiving, storing, selling and
delivering tobacco: provided, that the owner or owners of
warehouses established by law, shall have the right to clese
his or their warehouses at pleasure, after giving to the owner
or his agent of egch hogshead stored therein, sixty days’ no-
tice of such intention, or atter publishing such intention,
for four weeks, in some newspaper published in the city
or county in which such warehonse is established: pro-
vided, that if said) proprietor stall close his warchouse, as
herein provided, within four months from the time any hoegs-
head shall have been received, the charges mentioned In sec-
tion four shall be only one-half therein allowed.

3. ‘Phat if any inspector of tobacco shall demand and re-
ceive for his services any greater fees than are allowed by
law, he shall be deemed guilty of a misdemeanor, and for

each offence may be fined not less than ten dollars nor more

than thirty dollars, which tine shall be fixed by the jury
trying the ease. That the judees of the circuit courts and
the attorneys for the commonwealth ve instructed to give
this act in char ve to the grand juries in such counties or cities
as tobacco inspections may be held by law.

4. Sections one, five, twenty: -One, lorty, filty-five, fifty-six,
fifty-seven, fittv-elvht, fitty-nine and sixty, of Chapter cighty-
seven of the Code of eighteen hundred and sixty, an act
passed tenth October, eighteen hundred and sixty-three, en-
tilled an act to amend and re-enact sections four, tive aud
fifty-six, of chapter eighty-seven of “ie Code of Virginia;
the act passed tenth March, cighteen hundred and sixty-four,
entitled an act repealing all laws authe. izing insurance of to-
bacco by the state, aud amending the fifty -Linth section of
the Code, edition of eighteey hundred and sixty, SO as to
render the inspector liable to the owners of tobacco in cer-
tain cases; the act passed third March, eighteen hundred and
sixty- three, entitled an ace to amend sections forty-three,
forty- four and forty-five, of cl apter eighty-seven of the Code,
so as to increase the fees of tobaceo inspectors ; and all acts
and parts of acts in contlict with the provisions of this act,
are 2 Heralyy repealed.

». Mach inspector may nominats to the court by whom
said inspector is appointed, a deputy, who, if accepted by
said court and by the owners and j.oprietors of the ware-
house (after taking the oath required by law), in case his prip-
cipal shall be unable to attend to his duties, may do and per-
form, fora term not longer than thirty-five days, the duties
of his principal inspector, the said principal and ‘his securities
on his official bond being responsible for all the acts of the
deputy.

6. [fany inspector of tobacco shall fail to quality and give
bond according to law, within sixty days after Ins appoint-
ment, his office’ shall be deemed vacant.

«. ‘This act shall be in force from its passage.