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8. The records of the clerks of said courts relative to any births, Id. s. 8. marriages or deaths shall be prima facie evidence in legal proceed- births, etc., ings of the facts recorded; the certificate signed by said clerk with the seal of his office affixed thereto shall be admissible as evidence of any such record.
Fees to clerks
9. The clerk aforesaid shall receive from his county or city for Id. s. 9. obtaining, recording, indexing, and returning to the secretary of the Senate the facts in relation to a birth, marriage, or death, fifteen cents for each case recorded as the same shall be certified by the secretary of the Senate; he shall forfeit and pay a sum not less than twenty nor more than fifty dollars, for each refusal or neglect Penalty. to perform any duty required of him by this act.
10. The secretary of the Senate shall at the expense of the Ia. s. 10. State, prepare and furnish to the several clerks of the counties and and forms to be the city of Baltimore aforesaid, blank books of suitable size and furnished quality to be used as books of record and indexes thereto under the provisions of this act, and blank forms for returns on paper of uniform size, and shall accompany the same with such instructions and explanations as may be necessary and useful.
and reports to
11. The secretary of the Senate shall cause the returns received Id. s. 11. Duty of secreby him for each year to be bound together in one volume, with an tary of Senate. index thereto; he shall prepare from the returns such tabular re- Tabular results sults as will render them of practical utility, and report thereof to legislature. each regular session of the legislature, and do all other things necessary to carry into effect the provisions of this act; he shall enforce Suits for forfeits by suit in the name of the State the recovery of the forfeits or pen- or penalties. alties prescribed in section nine of this act, and he shall receive for the performance of the duties imposed by this act, the sum of Compensation one thousand dollars per annum. In case of a vacancy occurring in this office by death, resignation or otherwise, the vacancy shall be filled by the governor until a successor shall be elected and qualified. 12. It shall be the duty of the clerks for the respective counties Id. s. 12. and the city of Baltimore to enforce by suit, in the name of the State, the recovery of the forfeitures and penalties imposed by sections three and five of this act.
3. Inspector to take charge of, and receipt for books, furniture, etc., in warehouse.
4. Inspector and employees not to engage in purchase or sale of tobacco; not lawful to receive gift; penalty.
5. What clerks inspector may appoint; salaries; wages of screwmen and laborers. 6. Receipts and disbursements; contracts; report to comptroller; what report to contain.
7. Who to act in absence of inspector. 8. Hours of labor.
9. Inspector to receipt for tobacco delivered in Baltimore for inspection.
10. How tobacco to be inspected; samples; hogsheads to be marked.
11. When tobacco to be repacked; charge. 12. Samples, how prepared, marked and numbered.
13. Penalty for tampering with samples.
14. Inspector to keep books; what books to contain.
15. When inspector to issue new certificate, where original lost or mislaid.
16. What notification to be made to inspector where certificate lost.
17. Condemned or stayed tobacco.
18. Stayed tobacco.
19. Charges for reconditioning and repacking stayed tobacco; outage.
20. Privilege of owner in regard to stayed or condemned tobacco.
21. Cooperage. 22. Scrap tobacco.
23. To advertise tobacco remaining in warehouse four years; if not claimed to be sold.
24. Owner claiming within one year, comptroller to draw warrant.
25. Dimensions of hogsheads in which tobacco of this State to be packed.
26. When inspector may rent storage. 27. Tobacco of this State in hands of planters, etc., not subject to warehouse rent. 28. When storage may be charged. 29. In absence of State wharfinger inspector to have control of wharf.
30. How inspectors' tobacco inspected. 31. Inspector to be furnished with copy of law.
46. Manufactured articles in semblance of butter or cheese; oleo-margarine.
48. Prosecution of seller; proof of sale.
1. The governor, by and with the advice and consent of the 1878, c. 368. Senate, shall biennially appoint five inspectors of tobacco, one for Ant of each tobacco warehouse in the city of Baltimore.
This section takes effect the first Monday in March, 1880, and not before.
47 Md. 483.
2. The said inspectors so appointed shall, before entering upon 1872, c. 35, s. 2. the discharge of their duties as inspectors of tobacco, be required to give bond in the sum of thirty thousand dollars each, satisfactory to the treasurer of the State, for punctual and full returns at the end of each quarter, and for the faithful performance of all the duties imposed upon them by law; and the said bonds shall be recorded in the office of the clerk of the Superior Court of Balti- recorded. more City.
take charge of
3. Any inspector of tobacco, who is now or may hereafter be 1d. s. 3. appointed by the governor, to any of the warehouses in the city of Inspector to Baltimore, who shall have properly bonded, and duly qualified ac- and revit for cording to law, shall take charge of all the tobacco books, furniture, et in wareappurtenances, and effects, found in the warehouse to which he may be appointed, and shall receipt to his predecessor for the same. 4. No inspector, or other person appointed or employed in any Id. s. 4. of the tobacco warehouses in the city of Baltimore, shall be engaged in the purchase or sale of tobacco (except of their own growth); nor shall it be lawful for any person thus appointed or employed in the warehouses to receive any gift or emolument whatever, either directly or indirectly, for any favor or service rendered, other than his regular salary or wages. Any person thus convicted shall be at once Penalty. dismissed from office or service.
to engage in purchase or sale
Not lawful to
5. Each inspector shall be entitled to appoint a chief clerk, a ship- 1878, c. 368. ping clerk, a receiving clerk, and a weighing clerk, and such number inspector may of screwmen and laborers as shall be necessary for the economical appoint management of his warehouse; the salary of the inspectors to be Salaries. eighteen hundred dollars per annum, and of the chief clerk one thousand dollars per annum, and of the shipping, receiving, and weighing clerks, each, eight hundred dollars per annum; the screwmen shall be paid two dollars a day, and laborers employed under this section shall receive one dollar and fifty cents a day.
This section takes effect the first Monday in March, 1880, and not wages of screwbefore.
6. Each inspector shall have full charge of all the receipts and 1872, c. 36, s. 6. disbursements of the warehouse to which he may be appointed, and Receipts and shall make all contracts for nails, or any other articles that may be Contracts. required for the use of his warehouse, except for repairs, and shall
Report to comp- make a regular return to the comptroller of the treasury four times in each year, viz, January, April, July, and October, showing the receipts and disbursements of his warehouse, with the vouchers What report to therefor, setting forth in his report of receipts the amount received from outage, storage, cooperage, reconditioning stays, sale of scraps, etc; and in his disbursements the amounts paid for labor, nails, lumber, hoops, and ordinary incidental expenses, which return shall have been first examined and approved by the supervisor of warehouses.
Id. s. 8.
Who to act in absence of inspector.
Id. s. 9.
Hours of labor.
Id. s. 10. Inspector to receipt for
7. In case of the absence of any inspector from his warehouse, by reason of sickness, or other unavoidable causes, then during his absence his duties shall devolve upon the chief clerk, or such other clerk or employee as he may select or designate, who shall qualify, under oath, for the faithful discharge of the same.
8. The hours of labor in the several tobacco warehouses in the city of Baltimore shall be from seven o'clock A. M. until twelve o'clock M., and from one o'clock P. M. until six o'clock P. M.
9. All tobacco landed or delivered at any of the warehouses in the city of Baltimore for inspection shall be taken charge of by the livered in Balti- inspector, through his receiving clerk, and the parties delivering the more for inspec- same shall be entitled to receive, upon demand, the inspector's receipt therefor.
Id. s. 11.
How tobacco to be inspected.
Hogshead to be
19 Md. 157, 170.
Id. s. 12.
10. Every inspector shall have uncased and break every hogshead of tobacco, that may be delivered for inspection, in not less than five different places for Maryland and Ohio, and not less than three different places for Kentucky and Virginia; and if the inspector shall be of the opinion that such tobacco is sound, clean, and in good order, then he shall select from each break one bundle of the average quality of the break, and the bundle so selected shall be considered the sample of the hogshead; he shall also have the hogshead properly marked with its number, the year of inspection, and the initials of the owner on each head and on the bilge, and shall have the tare and net weight marked with iron on the bilge.
11. If any inspector shall, upon examination of any hogshead
to be repacked. Of tobacco, have reason to suspect that the same is trash, or false
1878, c. 386.
packed, he shall cause the same to be shaken out and repacked, and shall charge for doing so the sum of two dollars per hogshead, the same to be paid by the owner or his agent.
12. It shall be the duty of the inspector to confine the sample of each hogshead of tobacco inspected by tying them together with a strong tape, run through the head of said sample in such manner as shall be most likely to prevent the bundles from separating or being pulled out, and shall confine on said sample a pasteboard label, on which shall be written the marks and number of the hogshead, the date of inspection, the name or number of the warehouse, and such other remarks by the inspector about the quality and condition of the tobacco as cannot be clearly shown by the sample, and shall seal said tape and label with sealing-wax, and shall stamp it
with the seal of the warehouse. Whenever a hogshead of tobacco is redrawn or reviewed, the sample and label thereon of the original inspection shall be returned to the inspector, to be by him destroyed; and the label on the sample given at the redrawing or reopening of the tobacco shall show that the hogshead has been reinspected or reviewed.
13. Any person or persons being proved guilty of tampering 1872, c. 36, s. 14. with any sample of tobacco, after it shall have passed from the cus- tampering with tody or control of the inspector, shall be liable to a fine of not less samples. than one hundred dollars, by prosecution in the Criminal Court of Baltimore.
14. Each inspector shall cause to be kept in proper books the Id. s 15. Inspector to name of the owner, the number, gross, tare, and net weight of every keep books. hogshead of tobacco inspected by him, the State where grown, the What books to consignee of the same, the name of the vessel by which shipped out, and the name of the party shipping the same; and for every hogshead so inspected by him he shall issue his certificate or note, stating in such certificate or note the name or initials of the owner, the number of the hogshead, the State where grown, the date of inspection, and the gross, tare, and net weight of the hogshead; and he shall make no delivery of any hogshead of inspected tobacco from his warehouse, except upon surrender of certificate or note, corresponding with the number of the hogshead.
lost or mislaid.
15. If any certificate or note be lost or mislaid, or destroyed, Id. s. 16. the person entitled to receive the tobacco by virtue of such note or to issue new certificate, may make oath before a justice of the peace to the effect where original of said note being lost, and shall take a certificate to that effect, from such justice of the peace to the inspector, and deposit the same with him, then the inspector may deliver to such person a new note or certificate, with marks, numbers, weights, and date corresponding with the former note, and shall thereby be discharged from all actions and demands, on account of such former note or certificate.
16. No person shall be entitled to receive a new note or certifi- Id. s. 17. cate in lieu of any note or certificate lost or mislaid, unless he shall tion to be made notify the inspector, at whose house it was issued, within twenty days after such note or certificate is first discovered to be lost or mislaid.
17. All tobacco inspected in any of the warehouses, which may be condemned or stayed, shall be carefully cased up and weighed, and the gross weight and tare be entered upon a book, kept for that purpose, together with the number of breaks in such hogshead as may be stayed, also the cause, whether for false packing, trash, order or wet.
to inspector cate lost.
Id. s. 18.
18. All tobacco thus stayed, shall with all convenient dispatch Id. s. 19. Stayed tobacco. be shaken out, reconditioned and packed, under the supervision of the inspector, and reweighed and entered upon the inspection books, as all other tobacco.