Grain. grinding. 1785, IV, 652, 1. SEC. 17. That no person shall take more toll for grinding corn, Tolls allowed for wheat, rye, or any other grain, into good meal or flour, than oneeighth part for any quantity under ten bushels, and for ten bushels, or any quantity above, at one time brought, one-tenth part only; and that all grain as aforesaid, chopped for homony, feeding stock, or for distilling, one-sixteenth part. Penalty for taking more SEC. 18. Any person or persons taking more toll than hereinbefore directed, shall be subject to pay a fine to the amount of ten than allowe1. times the value of the toll so taken, to be recovered in the most summary way, before the nearest Trial Justice; one-half to the prosecutor, and the other half to the person aggrieved. Ib., ¿ 2. of Charleston to SEC. 19. That the City Council of Charleston shall have full City Council power and authority to regulate and control the sale of grain, by regulate sale of. measurement or weight, or both, sold within the corporate limits of 1823, VII,143, 1. the city, in such manner as will insure a fair, equal and uniform sale and measurement of the same. Naval Stores. City Council of point Inspectors Charleston to ap of. 1858, XII,744,2 1. SEC. 20. That the City Council of Charleston are authorized to appoint such number of Inspectors of Naval Stores as the wants of the trade may, in their judgment, from time to time require. SEC. 21. Each of the Inspectors so appointed shall give bond in the sum of two thousand dollars, conditioned for the faithful dis- give bond, &c. charge of his duties. Inspectors to 1856, XII.584,25. To examine turpen tine, &c. Ib., 583, 2 1. SEC. 22. It shall be the duty of the Inspectors of Naval Stores for the city of Charleston to examine and inspect any crude tur- crude pentine or other rosins of grades other than those known as " common" or "number two," which may be offered for sale in the city of Charleston, and which may be submitted for examination by the owner or other person having charge of the same. SEC. 23. Every barrel of crude turpentine or rosin submitted to an Inspector, as aforesaid, shall be by him weighed and searched and tried, and the Inspector shall brand every such barrel or cask with the word Charleston," and shall brand thereon, in characters known to the trade, the quality of said turpentine or rosin, together with the weight of the same expressed in figures, and every barrel of rosin and turpentine shall be clean strained and merchantable, without chips, leaves, filth or dirt. To weigh,search, try and brand, Ib.. 22; 1746, 111, 657, 24. have lien for. SEC. 24. For every barrel of turpentine or rosin weighed by the Inspector, he shall be entitled to three cents, and for every barrel Fees allowed; to inspected and branded as herein directed, three and one-quarter 1856, XI1,583.§3. cents, to be paid by the owner of said turpentine or his agent, and the Inspector shall have a lien on said barrels for the amount due. Penalty for al tering branus, fering with In spector. Ib., 584, 4. SEC. 25. Any person who shall alter or erase or deface the mark &c, and inter or brand made by the Inspector shall be subject to a penalty of fifty dollars for every such offense; and any person attempting to prevent the Inspector from exercising his duties shall be subject to a penalty of twenty dollars for each offense, all of which shall be recoverable by indictment in any Court of competent jurisdiction; Inspector not to and the Inspector shall not be permitted to purchase, directly or indirectly, any turpentine or rosin for sale or exportation, under a penalty of ten dollars per barrel. purchase, &c. Weight of barrel of crude turpen tar to a barrel. SEC. 26. That, in the absence of satisfactory proof of a special tine; quantity of stipulation to the contrary, it shall be presumed and held that the quantity and weight of crude turpentine, to make a barrel thereof, 1: 1746, III, 687, is two hundred and eighty pounds, and that the quantity of tar to make a barrel thereof is thirty-two gallons. 1870 XIV, 350, § 4. Casks and bar. ed, &c. Ib., 686, 1. SEC. 27. That Pitch, &c., in Casks and Barrels. every person who shall sell or expose for sale, in rels to be brand- any part of this State, any pitch, tar, rosin, turpentine, beef or pork, in any casks or barrels, shall first set on every such cask or barrel a burnt mark, with the first letter of the Christian name, and the surname at length, of the maker of such commodity, with an iron brand; and if any person shall, in any port or place of exportation within this State, sell or expose to sale any of the said commodities hereinbefore enumerated, in any cask or barrel, before the same be marked and branded as aforesaid, every such person shall, for every such cask or barrel, forfeit the sum of two dollars to the person or persons who will inform and sue for the same, to be recovered before any Trial Justice. Penalty for fil ure. Penalty for ex. porting without brands, &c. Iv. Barrels may be SEC. 28. If any merchant, factor, trader, or other person, shall ship or put on board any ship or vessel any of the said commodities hereinbefore enumerated, in any casks or barrels, with intent to export the same before such casks or barrels be marked and branded as aforesaid, every such merchant, factor, trader, or other person, shall forfeit the sum of two dollars for every such ca-k or barrel, to be sued for, recovered and disposed of in manner aforesaid. SEC. 29. If any fraud or abuse shall be suspected in any barrel or opened by barrels of pitch or rosin which shall be brought to market or chasers fraud is where sute pected, &c. exposed to sale, the person who shall treat for the purchase of Ib., 688, 2 8. such pitch or rosin shall be at liberty to cut open as many barrels of the same as he shall think proper, which shall be liable to be viewed, judged and forfeited, as is directed in the case of rice, and where any pitch or rosin shall be condemned as fraudulent by the person or persons empowered (as is directed with respect to rice) to view and judge the same, all such condemned pitch and rosin shall be forfeited, and sold by the State Treasurer, and applied to such uses as is directed in the case of rice. Ib. SEC. 30. That where any pitch or rosin shall be ordered to be cut To be done at open as aforesaid, without the consent of the owner or person offer- ther risk, &c. ing or exposing the same for sale, the same shall be done at the risk of the person who shall cause such pitch to be so cut open, that is to say, if such pitch or rosin shall not be condemned as fraudulent by the person or persons empowered to view and judge the same, then the person who caused the said pitch or rosin to be so cut open and examined, shall take to himself every such barrel so cut open, and which shall not be condemned as aforesaid, and shall pay to the owner or person offering the same to sale, the current sum or price which good pitch or rosin shall then be at, at that port or place, anything herein before contained to the contrary notwithstanding. Pork and Beef. con Barrels to Ib., 687,2 4. SEC. 31. That every barrel of pork or beef packed and sold in this State shall contain thirty gallons and two hundred pounds weight of wholesome, well cured meat, in the same, which shall be packed. weighed by the packers, and well packed with salt and pickle, each piece not to weigh more than eight pounds, and not to be cut or mangled further than to take out the kernels or where the bones require it, and not more than two heads in one barrel of pork. No beef's heads or shanks shall at all be packed. SEC. 32. That in case any person shall kill any cattle to put in Penalty for kil barrels for sale, without having first penned them twelve hours before killing them, every such person shall forfeit the sum of ten twelve hours. dollars, current money, for every head of cattle so killed, to the person who will sue for the same, to be recovered before any Trial Justice. SEC. 33. That every person and persons in this State shall make his and their casks for packing beef or pork, of sound, dry and well seasoned white or water oak timber, without sap, the heads as well as bodies of which casks, shail be made tight, so as to hold pickle, and shall fill the said casks with water before the same are packed with any beef or pork. Rice. ing cattle for packing not pr. viously penned Ib., 658, 5. To be made of seasoned White or water oak. Ib., 687. 2 3. mixtures to be State. SEC. 34. That if any planter or other person shall sell or expose Fraudulent for sale to any merchant, factor or any other person, at any port or forfeited to the place of exportation within this State, any casks or barrels of rice which, upon opening or uncasking the same, shall be found to contain any unfair and fraudulent mixture of small or damaged rice, Ib., 687, & 2; 1783,iv, 540, § 1. How examined. then, and in every such case, the seller of the said rice, or person offering the same to sale, shall immediately, on request of the buyer, or person offering to buy the same, name one indifferent person, being a freeholder, and the said buyer another, to view the said rice, and if such two persons shall agree in opinion and certify the same in writing under their hands, that such rice was deceitfully and fraudulently packed and exposed for sale, every such cask or barrel, so fraudulently packed and exposed for sale, shall be forfeited to the State, and the same shall be sold or caused to be sold by the State Treasurer, or by the person or persons who shall condemn the same, for the use aforesaid, who shall be allowed, thereout, five per cent. for their trouble. Proceedings in not nominate ar 1746,111,687, § 2. SEC. 35. That if the seller shall refuse to nominate a person to ease sellers do view the said rice, then the buyer shall nominate both the persons bitrators. to view such rice, who shall have the same power as if one had been named by the seller and one by the buyer: Provided, That in case the said persons nominated as aforesaid shall not agree in opinion, they shall have power to nominate a third person, being a freeholder as aforesaid, who shall have the same power as the first two by this Chapter have; and in case either of the said two persons shall refuse or neglect to join, or cannot agree in nominating such third person, then and in such case any Trial Justice, on notice given by both or either of the said persons, shall, and he is hereby, required to nominate such third person, which third person shall have the same power in the premises as if he had been nominated by both. And such adjudication and certificate shall be made within twenty-four hours from the first application, and the said certificate shall be deemed a sufficient condemnation of the said rice, to warrant the sale thereof as aforesaid; any law, statute, usage or custom, to the contrary notwithstanding. Size of pipe staves, &c. Ib., 699, § 13. Staves and Shingles. SEC. 36. That all staves to be made for exportation, and all shingles which shall be offered to sale in this State, shall be made of good and sound timber, and shall be of the following dimensions, to wit: Each pipe stave to be made of white oak, fifty-eight inches long, and not less than three quarters of an inch thick at the thin edge, and three inches broad, clear of sap; each hogshead stave to be made of red or white oak, forty-two inches long, not to be less than three quarters of an inch thick at the thin edge, and four inches broad, clear of sap; and each barrel stave, of red or white oak, to be thirty inches long, not to be less than half an inch thick at the thin edge, and four inches broad, clear of sap; and each shingle to be twenty-two inches in length, and not less than half an inch thick at the thick end, and well shaved, so as not to be winding, and not less than three inches and a half broad, clear of &c., to give SECTION 1. That every vendue master and auctioneer, before he Auctioneers, shall act in such capacity, shall be compelled to give to the Council bond, &c. of the city or town where he may reside, full and ample security for 1823, VI, 209, § 3. the due and faithful performance of his duty as auctioneer or vendue master, as the case may be. Purchasers at comply with losses, &c., on 1785, IV, 672, ? 10. ૐ 1 Mill, 293; 1 SEC. 2. That every person who shall purchase any lands, houses, horses, cattle, ships, boats, or other vessels, goods, wares and mer- sales refusing to chandise, at any public sale in this State, and which purchase shall terms liable for be entered in the books of the vendue masters so selling such prop- re-sale. erty, such person refusing to comply with the conditions of the said sale within seven days thereafter, shall be liable to all losses arising MeM., 33. thereon, to the original owner; and for the more speedy ascertaining said losses, the vendue master is authorized to resell such lands, houses, horses, cattle, ships, boats, or other vessels, goods, wares and merchandise, on the original conditions, giving seven days' notice of said sale; and whatever deficiency shall arise on said purchaser's non-compliance, the vendue master shall recover, at the first ensuing Court having jurisdiction, such loss, from every person so declining to comply with the conditions of the original purchase, together with the commissions and other expenses attending the sale. No judg ment given in any such cause shall be arrested or staid for or by reason of any error or mistake in the proceedings. auctioneers. 1 1815, VI, 3, 1. McC., 38, 120; 435; 3 McC., 98. 2 N. & McC., SEC. 3. The owners of property placed in the hands of vendue Remedy against masters or auctioneers, either for public or private sale, are authorized and empowered to recover from said vendue masters, in the most summary manner, before any Court of competent jurisdiction in the State, for goods or other property by them sold on account of said owners. Judgment given in such case shall not be arrested or stayed for or by reason of any error or mistake in the proceedings. |