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AN ACT to repeal an act, entitled an act, to provide for the payment of Petit Jurors, in certain counties therein named. Approved, Dec. 22d, 1826, "so far as said act relates to the counties of Dallas, Marengo and Clark."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the above recited act, in the caption above specified, so far as the same relates to the counties of Dallas, Marengo and Clarke, be and the same is hereby repealed.

SEC. 2. And be it further enacted, That it shall be the duty of the courts of revenue and roads of Dallas, Marengo, and Clarke counties, at the terms which by law they are required to levy a county tax, to set apart so much of the same as shall he sufficient to pay the jurors both grand and petit each year.

SEC. 3. And be it further enacted, That it shall be the duty of the county treasurers of Dallas, Marengo and Clarke counties, so soon as said county tax, shall have been received by them, to hold such amounts as shall have been set apart, as a special fund for the purpose in this act expressed.

SEC. 4. And be it further enacted, That said treasurers of the counties aforesaid, are hereby required to attend themselves or by their agents at the places of holding the Circuit


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court in said counties, the two last days of each week of the terms of said circuit courts, and shall from the above specified sum discharge all certificates issued by the clerks of said courts, to the respective juries thereof, which may be presented for payment.

SEC. 5. And be it further enacted, That the jurors of the counties aforesaid, shall be entitled to demand and receive the sum of one dollar and twenty-five cents per day each, for their services in the circuit courts thereof, to be paid as above specified on the certificate of the clerks of the circuit courts of said counties respectively.

SEC. 6. And be it further enacted, That this act shall be in force, from and after the first day of February next, and that all acts and parts of acts contrary to the provisions of this act, be, and the same are hereby repealed.

SEC. 7. And be it further enacted, That the sum of two dollars be taxed in the bill of costs on each suit commenced in the said counties of Dallas, Marengo, Clarke and Mobile, which sum shall be collected as other costs of suit and immediately after collection be paid into the county treasury.

SEC. 8. And be it further enacted, That the judge and commissioners of the County court of Mobile county, shall at the same time, and in the same manner set apart so much of the county tax of said county, as shall be sufficient to pay the Grand and Petit Jurors of said county, the same per diem at the same periods, and in the same manner as herein before prescribed for the payment of the Grand and Petit Jurors in the counties of Dallas, Marengo and Clarke.

Approved, Jan. 12, 1828.

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AN ACT, prescribing the mode of ascertaining the sense of the citizens of this state, on the proposed amendment to the constitution of this state limiting the tenure of the Judges to seven years.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That before the next general election on the first monday in August, when the sheriffs of the several counties in this state, shall advertise the election as now prescribed by law, they shall also make known in said advertisements or in others posted at the same times and places, the joint resolutions which have passed the two Houses of the General Assembly at the present session, proposing to limit the tenure of the judges to seven years.

SEC. 2. And be it further enacted, That it shall be the duty of the sheriffs or persons holding the election at the different precincts in this state, at the time of receiving each vote to inquire of the voter whether he votes for or against the proposed amendment to the constitution, and it shall be the duty of the judges and clerks of the election to keep a true list of the yeas and nays and set them down in their proper columns, opposite to the name of the voter in each instance, and it shall be the duty of the said judges and sheriffs or returning officer, to make out


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a complete list of the names of the voters and of the yeas and nays, and return the same to the office of the secretary of state, in thirty days thereafter.

SEC. 3. And be it further enacted, That it shall be the duty of the secretary of state, to publish in the several newspapers of this state, a copy of the proposed amendment to the constitution for three months previous to the next general election.

Approved, January 15th, 1828.

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AN ACT to alter the boundaries of certain Counties therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that part of Pike county beginning where the line of Butler County crosses the main Patsaliga creek running with said stream to where Blue creek intersects the same, thence up said blue creek to the line of Montgomery county thence with the Montgomery line to the corner of Butler county, be added to, and become a part of Butler county.

SEC. 2. And be it further enacted, That hereafter these parts of Sections numbers seven and eight in Township twenty Range twelve East, which include the present residence of Samuel H. Bogle, and now constituted a part of Perry county, be, and the same is hereby added to Bibb County.

Approved, January 3rd, 1828.

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AN ACT, to authorise Josiah D. Lister administrator of the estate of Charles Vivion deceased, to settle his accounts in the circuit court of Washington County.

Whereas Josiah D. Lister has been elected Judge of the County Court for the county of Washington, therefore.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the said Josiah D. Lister, administrator of the estate of Charles Vivion deceased be, and he is hereby authorised to settle his accounts as administrator aforesaid, in the circuit court of washington county under the same laws which now regulate the settlement of intestates estates, any law to the contrary notwithstanding.

Approved, January 9th, 1828.

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AN ACT, to define the Corporate Limits of the Town of Sparta, in Conecuh county, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, the corporate limits of the town of Sparta in Conecuh county shall include no more than the Public Square, and all the blocks of lots in said Town, from number one to ten inclusive, except lots numbered eight and nine, the blocks of lots including lots numbered fifty five, fifty six, fifty seven and fifty eight, together with the several streets adjoining the public square, are hereby included within the limits of said Town, and all laws contrary to the provisions of this act be, and the same are hereby repealed.


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SEC. 2. And be it further enacted, That the Intendant or any one of the councillors of the Town of Greenville shall have power to hear and determine any suit or information brought or instituted against any person or persons for a violation of any ordinance or bylaw of said town, and to give judgment and award execution for the recovery and collection of all fines and forfeitures so incurred and due the incorporation.

Approved, January 12th, 1828.

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AN ACT, to authorise the Election of an additional Constable in the Beat including the Town of Claiborne.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That there shall be an Election held in the Town of Claiborne, on the first, Saturday in February next for the election of an additional constable in the Beat embracing said Town, which said election shall be conducted after the manner and form prescribed by law for the election of Justices of the peace and constables.

SEC. 2. And be it further enacted, That the Constable so elected shall give the same Bond, receive the same fees, possess the same powers and be subject to the same penalties as prescribed by law in relation to the office of constable-and that any vacancy occuring in said office shall be filled in the manner prescribed by the second Section of an act entitled, an act to provide for the appointment of county officers passed December 17th, 1819.

SEC. 3. And be it further enacted, That it shall be the duty of the Commanding Officer of said Beat to give ten days notice at one or more public places in said Beat previous to said election.

Approved, January 12, 1828.

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AN ACT, to change the names of certain persons therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act the names of Charles Jefferson Gunter and Penina Gunter, shall be changed to the names of Charles Jefferson Perkins and Penina Perkins, and they shall be known in Law by the names of Perkins from the passage of this act.

SEC. 2. And be it further enacted, That the name of Paralee S. Grayson shall be changed and known in law by the name of Paralee S. Carroll.

Approved, January 10th, 1828.

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AN ACT, authorising Wyatt Harper Administrator of William Bates deceased to sell and transfer Real Estate.

SECTION. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Wyatt Harper Administrator of William Bates deceased late of the county of Greene be, and he is hereby authorised to


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sell and transfer the South East quarter of Section numbered twenty-five, in Township twenty and Range five in the Cahawba Land Office district, on such terms and conditions as the said Administrator may deem most advisable and advantageous to the estate of said William Bates deceased provided, that twenty days notice shall be given previous to the Sale in the Herald printed at Greensborough.

SEC. 2. And be it further enacted, That the said Administrator before such sale and transfer shall enter into Bond with Sufficient Security payable to the Judge of the county court of Greene County for the time being and his successors in office in such sum as said Judge may require that the heir or heirs of said deceased may sustain no injury thereby.

SEC. 3. And be it further enacted, That this act shall be in force from and after the passage thereof.

Approved, Jan. 12,1828.

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AN ACT authorising Samuel B. Ewing Adminstrator of Thomas Ewing Deceased, to sell and transfer certain real estate.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Samuel B. Ewing administrator of the estate of Thomas Ewing late of Dallas county, deceased be, and he is hereby authorised and empowered to sell and transfer, the real estate of said intestate in the town of Cahawba in said county on such terms and conditions as the said administrator may deem most advisable and advantageous to the interest of said estate, Provided, that twenty days notice shall be given in some newspaper published in Selma or some neighboring town, previous to the sale.

SEC. 2. And be it further enacted, That the said Administrator shall before such sale and transfer enter into bond with sufficient security payable to the judge of the county court of Dallas for the time being and his successors in such sum as said judge may require for the proper distribution of the money arising from the sale of the aforesaid real estate agreeably to the existing laws regulating the distribution of the personal estate of deceased persons.

SEC. 3. And be it further enacted, That this act shall commence and be in force from and after the passage thereof.

Approved, Dec. 13th, 1827.

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AN ACT, to authorise John G. Creagh to bring into this state the slaves of his wards, Anne D. House and James House, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be lawful for John G. Creagh, guardian of Anne and James House, to bring into this state the slaves belonging to the said Anne D. House and James House, and to hire the same out for the benefit of his said wards, any law to the contrary hereof notwithstanding; provided nevertheless, that the said John G. Creagh comply with the requisitions of the existing laws on the subject of guardian and ward.

SEC. 2. And be it further enacted, That D. R. W. McRae,

G


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Guardian of Melleville and John D. Bracy, be authorised to bring into this state and hire in like manner the slaves of his said wards, on the same terms and conditions, herein required.

Approved, January 10th, 1828.

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AN ACT, concerning the Estates of deceased persons.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That whenever an Executor of any deceased Testator or administrator of any deceased intestate shall fail to apply to the county court for the sale of real estate for the purpose of paying the debts due thereof, the judgment creditor may upon filing a suggestion in the clerks office, in which judgment shall have been rendered, that real estate has decended to the heirs and that sale of the same or some part thereof is necessary for the satisfaction of said judgment and that said Executor or Administrator has failed or refused to make application for the sale thereof and setting out the names of said personal representative and heirs, sue out a Scire Facias against said Executor or Administrator and heirs returnable to the next term of said court, requiring them then and there to shew cause, why said plaintiff should not have Execution against said real Estate, and if sufficient cause to the contrary, be not then shown, Execution shall be awarded against said real Estate; and all Executors and Administrators who fail to apply for leave to sell real Estate three months after reporting the Estate insolvent, shall be deemed guilty of a devastavit, and may be sued on their Bond together with their securities.

SEC. 2. And be it further enacted, That when one or more of the heirs of any deceased intestate, shall have received property of the ancestor in his life time and shall wish to bring the same into hotchpot, and the parties cannot agree as to the value of such property, the same shall be ascertained by testimony, and fixed by the judge of the county court of the county where letters testamentary, or of Administration shall have been granted, and it shall be his duty to do so on the application of any person concerned in interest, on due notice to the other persons interested, and the said judge may at his discretion impannel a jury, to assess the value of the property in question and on the application of either party for a jury, it shall be the duty of the judge to cause the same to be impannelled and in all cases the value of the property at the time it was delivered shall be fixed by said judge or jury, as the case may be, and the value so fixed or the value agreed upon by the parties, shall be deducted from the share of such heir or heirs

SEC. 3. And be it further enacted, That when any Executor or Administrator shall apply any of the funds of the Estate of their Testator or Intestate to their own private use or shall have heretofore done so, they shall pay interest for the same, and in making their returns to the court they shall state the sum so used and the time at which it was applied, or shall expressly deny on oath, that they have so used any of the funds of their Testator or Intestate, and if any person interested in


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such Estate shall controvert the statement so made, the same shall be determined by the judge of the county court, on evidence to be adduced, and if the judge deems it necessary, he may, and if either party request it he shall impannel a jury to decide on such disputed facts.

SEC. 4. And be it further enacted, That when the heirs may reside without the limits of this State, the court shall direct publication to be made as in the case of non resident Defendants in chancery.

SEC. 5 And be it further enacted, That all laws contravening the provisions of this act be and the same are hereby repealed.

Approved, January 4, 1828.

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AN ACT, to amend an act entitled an act to divide the State into districts for electing representatives to Congress passed Dec. 21, 1822.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sixth and seventh, Sections of the above recited act be and the same are hereby repealed.

SEC. 2. And be it further enacted, That the Sheriffs or other returning officers of the counties of each district shall meet on the third Monday of September next after each election, at the court house of the county first mentioned in their respective districts; and when said sheriffs or other returning officers shall meet, the polls for the different counties shall, by said sheriffs or other returning officers (as the case may be) in the presence of two justices of the peace, who are to be summoned by the sheriff or other returning officer of the county where they shall meet for that purpose, be examined and compared and a certificate under the hands and seals of said returning officers shall be given to the candidate in each district for whom the greatest number of votes shall have been given in each district; but if two or more candidates shall have an equal number of votes, the returning officer of the first county in each district mentioned, shall determine which of them shall be the representative, and a certificate thereof shall be given by the returning officers accordingly.

Approved, January 12th 1828.

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AN ACT, to repeal in part a certain act, therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the act approved December 22d, 1826, entitled an act to provide for the payment of Petit Jurors in certain counties therein named as relates to the counties of Butler and Montgomery, be, and the same is hereby repealed, and all acts repealed thereby in relation to said counties, be hereby revived.

Approved, January 12, 1828.


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AN ACT, providing for the election of a Sheriff in Blount county; and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the Sheriff of Blount county, at the general election to be holden on the first Monday in August next, to open the polls for the election of a Sheriff of said county of Blount, and the person having the highest number of votes shall be elected Sheriff of said county of Blount for three years, from the first day of February next, ensuing his election.

SEC. 2. And be it further enacted, That an act, passed the 28th day of December, 1822, entitled "an act, providing for the election of Sheriff in certain cases, and for other purposes" be repealed so far as relates to the county of Blount.

Approved, January 12th 1828.

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AN ACT, to repeal in part, and amend an act, entitled an act, respecting slaves, passed on March 6th 1805.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the twelfth section of the above recited act, as requires the owners or overseers of runaway slaves, to give to the nearest justice of the peace, the name, with a description of the person of such runaway slave, within ten days after such slaves shall have absented him, or herself from the service of his, or her owner, or overseer; and on failure of such owner or overseer to give the information as required, such owner or overseer shall forfeit and pay the sum of one dollar for each day that such information shall be omitted and the same is hereby repealed.

Approved, January 12, 1828.

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AN ACT, to emancipate certain persons therein mentioned.

WHEREAS it is represented to the General Assembly by the memorial of divers respectable inhabitants of the City of Mobile, that sundry persons of color, descendants of the ancient Creole population of that place, whose owners have petitioned for their emancipation, are honest, industrious and well disposed people; and that the emancipation of said persons of color would not be injurious to society but would promote the welfare of the individuals concerned. And whereas it also appears to the General Assembly, that this description of persons are measurably protected by the third article of the treaty between the United States and the French Republic, commonly called the Louisiana treaty: Therefore;

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the colored man Charles Passiano, the property of Francis Passiano, of Mobile county, be, and he is hereby emancipated and forever freed from slavery and bondage; saving, however, the rights of creditors and on the express condition, that the said Francis Passiano, enter into bond with


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security in the penal sum of one thousand dollars, to be approved by the Judge of the County Court of Mobile county, made payable to the Governor for the time being and his successors in office, to be filed in the office of the Clerk of said County Court; conditioned, that the said colored man Charles Passiano, shall never become a public charge to the state, or to any county, city or town thereof.

SEC. 2. And be it further enacted, That the negro girl named Mary Anne, the property of Pierre Chastang of Mobile county, be, and she is hereby emancipated and forever freed from slavery and bondage; saying, however, the rights of creditors, and on the express condition, that the said Pierre Chastang enter into bond with security, in the penal sum of one thousand dollars, to be approved by the Judge of the county court of Mobile county, made payable to the Governor for the time being, and his successors in office, to be filed in the office of the Clerk of the county court of said county, conditioned that the said negro girl Mary Anne, shall not become a charge to the state, or to any county, city or town thereof.

Approved, January 10th, 1828.

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AN ACT, to authorise the raising of three thousand dollars for the purpose of building a Bridge across shoal creek.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Chisholm, William E. Dancy, Joseph L. D. Smith, Peter F. Armstead, Henry Smith and Thomas Simpson, be, and they are hereby appointed a Board of Commissioners with full power and authority to raise by Lottery, in one or more classes the sum of three thousand dollars, for the purpose of building a bridge across Shoal creek, at, or near where the military road crosses the same in the county of Lauderdale.

SEC. 2 And be it further enacted, That the said commissioners, or any three of them which may accept of this appointment, and upon taking and subscribing an oath faithfully to discharge their duty as a commissioner for the purposes in this act contemplated to the best of their judgment, are hereby authorised and empowered to appoint any number of their own body, that they may think right, or to employ some persons as managers, agents or conductors of said Lottery or Lotteries who shall make out a scheme, or schemes for the same, and do, and perform all, and every act which may be necessary for carrying said Lottery or Lotteries into full effect, as by this act contemplated.

SEC. 3. And be it further enacted, That the managers, agents, or conductors of said Lottery or Lotteries shall before entering upon the duties of said appointment enter into bond and security, conditioned, for the correct and faithful discharge of their duty or duties as such, and shall moreover be required to take an oath to the same effect before some justice of the peace or judge of the county court.


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SEC. 4. And be it further enacted, That should the drawing of said Lottery or Lotteries not be commenced within eighteen months from the publishing of the scheme thereof, the aforesaid managers, agents or conductors are hereby required to refund such money or monies (if any) as may have been received on the production of such ticket or tickets, or other evidences upon which said money may have been received.

SEC. 5. And be it further enacted, That it shall be the duty of said Board of Commissioners to determine upon some plan of operation in effecting the objects in this act mentioned and so soon as they may deem it proper, or prudent advertise the same in some newspaper published in the town of Florence, Huntsville and Nashville, and proceed to let or contract for the completion of the objects in this act contemplated.

SEC. 6. And be it further enacted, That should the aforesaid commissioners think it advisable they may appoint a special agent to superintend and see that the aforesaid work is correctly and substantially done. For all of which appointments or contracts by this act vested in the aforesaid commissioners, they are hereby authorized to make and allow a fair and reasonable compensation for the services performed.

SEC. 7. And be it further enacted, That this act, shall take effect from and after passage thereof.

Approved, January 7th, 1823.

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AN ACT, to regulate the Inspection of Tobacco in this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act no person shall put on board, or receive into any Ship, Brigantine, Schooner, Sloop, Bylander, Boat or other vessel in order to be exported therein any tobacco, which shall not have been packed in hog heads or casks upon any pretence whatever, before the same shall have been received, and inspected according to the directions of this act, that all tobacco whatever to be received or taken on board of any Ship, Brigantine, Schooner, Sloop, Bylander or other vessel and to be therein exported, or to be carried and put on board any other Ship, Brigantine, Schooner, Sloop, Bylander, or other vessel for exportation as aforesaid shall be received or taken on board at the several ware-houses for that purpose herein after mentioned, or some one of them and at no other place or places whatever, and if any commander or Master of any Ship or other vessel shall take on board or suffer to be taken on board, the Ship or vessel whereof he is master any tobacco brought from any other place, than such public place herein mentioned, or any hogshead or cask of tobacco not stamped by such lawful Inspector or shall suffer to be brought on board any tobacco except in hogsheads or casks stamped as aforesaid every such commander or Master shall forfeit and pay fifty dollars for each hogshead one moiety thereof to the use of the informer and the other moiety to the use of the State to be recovered before any Justice of the peace for the county in which said cause of action may accrue.


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SEC. 2. And be it further enacted, That public warehouses for the Inspection of tobacco pursuant to this act shall be kept at the several places herein after mentioned, to wit, at the City of Mobile and town of Selma, and the proprietors of each warehouse are hereby entitled to demand and receive for the Storage of each hogshead of tobacco inspected at his warehouse fifty-cents, provided that the said tobacco does not lie longer in said warehouse than twelve months and for every month after the owner or proprietor of such tobacco shall pay at the rate of twelve and a half cents per month, which duty or storage shall be paid to the several inspectors, before the same shall be removed from the said warehouse, who shall be answerable to the owner or proprietor thereof, for the full amount of such storage by them received. And the Inspectors shall be entitled to one dollar for each hogshead of tobacco delivered to be paid in like manner as warehouse rents or storage are, and to be divided between the two acting inspectors as their full fee for Inspection, and no Inspector shall receive a salary or other fee, except what is allowed by this act.

SEC. 3. And be it further enacted, That there shall be kept at the several warehouses hereby established and all others hereafter to be established a good and sufficient pair of scales with weights sufficient to weigh fifteen hundred weight at least and a set of small weights, the same that are or ought to be provided for the standard weights of each county an that the proprietors of such warehouse provide the same.

SEC. 4. And be it further enacted, That all tobacco brought to any public warehouse shall be viewed inspected and examined by two persons thereunto appointed who shall be called inspectors shall be appointed in the following manner, to wit, by the judge of the County Court and commissioners of the Revenue and Roads in the counties where any warehouse maybe established except as herein after excepted shall at their County Courts held on the third Monday of August in each year to appoint three fit and proper persons for inspectors at each of the several warehouses in their respective counties who shall receive a certificate of such appointment by the clerk of the County Court of the County wherein such appointment may be made the two first in nomination shall be considered as acting inspectors for the ensuing year and in case of sickness death or inability of either of the first inspectors the third shall act and also on the disagreement of the said inspectors the third shall be called in to decide on such hogshead or hogsheads of tobacco and the said Judge and commissioners shall have power on complaint in writing being lodged in the Office of the clerk of the County Court, and being duly notified thereof by such clerk, such Judge and commissioners or a majority of them shall within three days after such notice to them given, summon the inspector before them first ordering a copy of the complaint to be served on him or them within five days thereafter such Judge and commissioners shall consider such complaint and may continue or dismiss from office him or them as the court shall judge just, and such court shall fill all va-


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cancies that may happen at any of their said courts to continue to the end of their inspection, provided always that the third inspector on the death or removal of any inspector in the same nomination shall be considered as inspector and act accordingly and that every person appointed inspector by virtue of this act shall before he enters on the execution of his office give bond with security in the penalty of two thousand dollars payable to the Governor for the time being and his successors conditioned for the true and faithful performance of his duty

according to the directions of this act and be liable to be put in suit upon any neglect of duty, which bond shall be approved by the Judge of the County Court and deposited in the clerk's office of said court.

SEC. 5. And be it further enacted, That all inspectors to be appointed by virtue of this act shall attend at all times when required by any owners of tobacco at the warehouse or houses under their charge from the first day of September until the first day of May annually sundays excepted or when prevented by sickness and afterwards they or one of them shall attend to deliver tobacco for exportation until all the tobacco remaining there on the said first day of May shall be delivered and no inspector shall be obliged to view any tobacco between the said first day of May and the first day of September, and every inspector neglecting to attend as aforesaid shall forfeit and pay to the party aggrieved one dollar for every neglect, and shall be liable to an action to recover all such damages as he or they shall have sustained by occasion of any such neglect together with his or their full costs and that all persons having tobacco at the public warehouse may have equal justice the inspector shall enter in a book to be kept for that purpose the mark and of all tobacco brought to their respective warehouses for inspection as the same shall be brought in, and shall review and inspect the same in due time as it shall be entered in such book without favor or partiality and in case they shall break every hogshead of tobacco brought them to be inspected as aforesaid and if they shall agree that the same is good sound well conditioned merchantable and clear of trash, then such tobacco shall be weighed in scales with weights of lawful standard, and the hogshead or cask shall be stamped in the presence of the said inspectors or one of them with the name of the warehouse at which inspected, and also the tare of the hogshead or the cask and quantity of nett tobacco therein contained, and the inspectors at such warehouse shall sign a receipt for each hogshead of tobacco they shall pass if required by the owner if the same weigh nine hundred and fifty pounds at least which receipt shall state the quantity and quality of tobacco shall not be first, second, or third rate, and if such tobacco shall not be considered merchantable it shall not be of either quality, and returned by said inspector to the owner.

SEC. 6. And be it further enacted, That the size of the hogshead or cask shall not exceed forty-nine inches in length, and thirty-one inches in the rising head, and to weigh nine hundred and fifty pounds at least, Provided that nothing herein con-


57

tained shall prevent any person or persons from sending chewing tobacco to market in less quantities than five hundred pounds.

Approved, January 10, 1828.