A. D. 1796. that he requested such miller or bolter to secure and mark the said barrels as aforesaid.

casks.

Penalty for short weight.

VI. And be it further enacted by the authority aforesaid, That the said Neat weight of millers and bolters shall put into the casks numbered one, the full quantity or weight of one hundred and ninety-six pounds of flour; in the casks numbered two, the full quantity or weight of one hundred and ninety-six pounds; and in the casks numbered three, the full quantity or weight of one hundred and sixty-eight pounds of flour. And that if any miller or bolter shall pack any cask with a less quantity of flour than is directed by this Act to be contained in the casks of the different sizes and dimensions above mentioned, he shall forfeit, if the deficiency be one pound, twentyfive cents; if two pounds, fifty cents; and fifty cents per pound for every pound deficient above two.

Bread casks to

false tare.

VII. And be it further enacted by the authority aforesaid, That all casks wherein bread shall be packed, shall be weighed, and the tare marked be packed, &c. thereon: and if any person shall put a false or wrong tare on any cask of Penalty for bread, to the disadvantage of the purchaser, he or they shall forfeit, for every cask so falsely tared, one dollar. And the inspectors or their assistants respectively, upon suspicion, or upon the request of the buyers, shall, and are hereby required to, unpack any such cask of flour or bread as aforesaid, and if there shall be a less quantity of flour than is above directed, or if the cask or casks wherein bread is packed, shall be found to weigh more than is marked thereon, then the miller, bolter or baker, as the case may be, shall pay the charges of unpacking and repacking, over and above the penalties aforesaid, but otherwise the said charges shall be paid by the inspector, or by the purchaser if the trial be made at his request. VIII. And be it further enacted by the authority aforesaid, That every Invoice of bread baker of bread for exportation shall deliver with the said bread an invoice to be delivered. thereof, with his brand marked thereon, together with his name signed

Flour to be in spected, and mode of inspec

ting.

thereto, under the penalty of five dollars for every invoice delivered contrary thereto; and if any cask or casks of bread upon trial be found lighter than is set down in the invoice, he shall forfeit for every pound deficient in the same proportion as is heretofore directed as to flour.

IX. And be it further enacted by the authority aforesaid, That all and every cask of flour brought to the said city, to be from thence laden and shipped for exportation, shall be submitted to the view and examination of the inspector so as aforesaid nominated and appointed, who shall search and try the same by boring the head, and piercing it through with an instrument not exceeding half an inch diameter, to be contrived for that purpose, in order to prove whether it be honestly and well packed, and also enable him to judge of its goodness, and shall afterwards plug up the hole. And if the said inspector shall judge the same to be merchantable, accorMerchantable ding to the directions of this Act, he shall brand every such cask of flour on the quarter with the word " Charleston," with a public brand and mark to be provided for that purpose, and shall also brand and mark the degree of fineness which he shall on inspection determine the said flour to be of; which degree shall be distinguished as follows, to wit: Superfine, fine, Inspector's middling, ship-stuff; for which trouble he, the said inspector, shall have compensation. and receive of the owner of such flour the sum of seven cents for each cask, and no more.

flour distin

guished.

X. And be it further enacted by the authority aforesaid, That no inUnmerchanta- spector of flour shall brand any flour which shall prove on examination ble flour distin- thereof to be unmerchantable, according to the true intent and meaning of guished. this Act, but shall cause the same to be marked on the bilge with an arrow, or secure it for a further examination if required, which examination

the owner shall procure to be made within the space of twenty days. And A.D. 1796. the inspector shall and may demand and receive, from the owner or owners thereof, the same rates and prices as if the same had been branded.

X1. And be it further enacted by the authority aforesaid, That when any person shall think himself aggrieved, through the judgment or want of skill of the inspector, in rejecting the said flour as unmerchantable, it Appeal given from the judgshall and may be lawful for such person to apply to the commissioners, ment of the inwho shall, at the charge of the complainant, issue their summons, directed spector. to three indifferent persons well skilled in the manufacture of flour, to review and examine the same; which said three persons, so as aforesaid appointed, shall take the same oath or affirmation, (as the case may be,) as by this Act is hereinafter directed to be taken by every inspector of flour, and shall carefully view and examine the same; and if they, or any two of them, shall pass and declare the same to be merchantable, then and in such case the said inspector shall raze out the arrow, and fix such brand on the said flour as they, or any two of them, shall adjudge and determine, and repay to the said complainant the said cost; but if on such review the judgment of the said inspector shall be confirmed, then and in such case the said owner of such flour shall pay the cost of such review.

Rates of sto

XII. And be it further enacted, by the authority aforesaid, That every inspector shall be allowed four cents per barrel for storage, if stored; and if upon an appeal and review as aforesaid, the judgment of the inspector rage. shall be confirmed, the person appealing shall pay the expense of such storage, and shall also pay the same if an appeal shall not be prosecuted. And if the judgment of the said inspector shall be reversed, then the said inspector shall forfeit his charge and expense of the said storage. And that the said inspector of flour, for his trouble, shall and may receive the sum of fourteen cents for each barrel by him reviewed.

XIII. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person whosoever to export, ship, or lade on board Penalty for exof any ship or vessel for exportation out of this State, any of the casks or porting unmerbarrels of the said flour so marked with an arrow as aforesaid, or to ex- chantable flour. port, ship, or lade on board of any ship or vessel for exportation out of this State, any of the casks or barrels of the said flour not examined and branded as aforesaid, on pain of forfeiture of eight dollars for each and every barrel so exported, or laden on board of any ship or other vessel for exportation, from this State.

XIV. And be it further enacted by the authority aforesaid, That every inspector of flour, who shall be nominated as aforesaid, shall on his appointment, and before his executing the said office, make oath or affirma- Inspector's tion (as the case may be) before a justice of the peace, that without fear, oath. favor, affection, malice, partiality or respect of persons, he will diligently and carefully view, examine and inspect all flour brought to the said city of Charleston, and which he shall be called upon to view, examine and inspect, to the best of his skill and knowledge; and that no flour shall be passed or branded by him without his viewing and examining the same; that he will not brand, or cause to be branded, any cask or casks of flour that do not appear, to the best of his skill and knowledge, to be in all respects sufficiently clean, sweet and merchantable; and that he will pass and brand all such casks of flour as shall appear to him sufficiently clean, sweet and merchantable, according to the degree thereof, to the best of his skill and knowledge, and according to the directions of this Act; and that he will not, wittingly or willingly, charge, ask, take, receive, exact or demand, any other or larger fees or rates, for doing his duty in his office as inspector of flour, than is mentioned or directed by this Act; and that he

A.D. 1796. will carefully and diligently view and examine all casks in which such flour shall be brought and contained; and that he will not pass or brand any cask or casks of flour, unless such cask or casks be of such size, goodness and thickness, as by this Act is required.

XV. And be it further enacted by the authority aforesaid, That no inInspector prohibited from spector of flour shall purchase, directly or indirectly, any flour by him condealing in flour. demned as aforesaid, or any flour whatsoever, other than for his own family use, under the penalty of six dollars for each barrel by him purchased. XVI. And be it further enacted by the authority aforesaid, That if any Penalty for al- person shall alter the mark stamped on any barrel of flour by any inspectering marks or tor; or shall mark or brand any barrel of flour which hath not been inspected, with any mark or brand similar to or in imitation of the inspector's said mark or brand; or after the said inspector shall have passed any barrel of flour as merchantable, shall pack into the cask which contains the same, any other flour; or after any barrel of flour shall be branded with an arrow, shall unpack and repack the same into other casks or packages for exportation out of this State; such person shall forfeit and pay the sum of six dollars for every barrel.

brands.

Power to re

XVII. And be it further enacted by the authority aforesaid, That the said commissioners, or the major part of them, shall be, and are hereby, emmove inspector. powered, at any time to displace or remove the said officer from his office, if the said commissioners, or the major part of them, shall see cause, and shall and may nominate and appoint another fit person to such office during the residue of the year, who shall have power to execute the same office, according to the directions of this Act, on his taking the said oath of office.

spected on board vessels, if required.

XVIII. And be it further enacted by the authority aforesaid, That the inFlour to be inspector of flour, appointed by this Act, shall, and is hereby directed, at the request of any person who shall bring above ten casks in any one vessel, to go on board such vessel in the harbor of the said city, and inspect the said flour on board, under the penalty of three dollars for every neglect or refusal.

tants.

XIX. And whereas, it may sometimes happen, that by reason of a Inspector may great quantity of flour being brought at once to Charleston, the person appoint assis- who shall be appointed inspector of flour, cannot alone, with sufficient dispatch, inspect and brand all such flour; and as it is apprehended that the most likely means to support the credit of the inspection brand, is to make one inspector answerable; Be it therefore further enacted by the authority aforesaid, That the person to be chosen and appointed inspector of flour, shall or may, on such occasions only, or in case of sickness, employ one or more persons of good repute, and well qualified for such service, as assistants, to assist him in the execution of his said office; and such assistants, after taking the oath or affirmation herein prescribed to be taken by the inspector of flour, are hereby authorized to inspect and brand any barrels of flour at Charleston, as the inspector himself might do.

XX. And be it further enacted by the authority aforesaid, That all and evMode of recov-very of the penalties and forfeitures, in and by this Act set and appointed, ering penalties. shall be recovered before a single magistrate, as in case of small debts, or before the City Council, in the name of the commissioners, and be by them paid into the treasury of the State for the use of the public.

XXI. And be it further enacted by the authority aforesaid, That EdCommissioners ward Darrell, Thomas Morris, Nathaniel Russel, Robert Henry, Philip for Charleston. Gadsden, William Crafts and Adam Tunno, be, and they are hereby appointed, commissioners for carrying into effect this Act.

OF SOUTH CAROLINA.
SOUTH

295

XXII. And be it further enacted by the authority aforesaid, That Zacha- A. D. 1796. riah Cantey, Thomas Broom, John Kershaw, John Adamson and Daniel Carpenter, or a majority of them, are hereby appointed commissioners to Commissioners meet at the town of Camden, on the second Monday in January next, and for Camden. on the second Monday in every January thereafter, to nominate and appoint a person of good repute, and skilful in the goodness and quality of flour, to be an inspector of flour at the said town of Camden; which said inspector shall have all the powers, discharge all the duties, and be subject to all the regulations, which are prescribed by this Act for the inspectors of flour in the city of Charleston.

XXIII. And be it further enacted by the authority aforesaid, That Thomas Taylor, John Taylor, Timothy Rives, Benjamin Waring and Robert Commissioners Lithgow, or a majority of them, are hereby appointed commissioners to for Columbia. meet at the town of Columbia, on the second Monday in January next, and on the second Monday in every January thereafter, to nominate and appoint a person of good repute, and skill in the goodness and quality of flour, to be an inspector of flour in the said town of Columbia; which inspector shall have all the powers, discharge all the duties, and be subject to all the regulations, which are prescribed by this Act for inspectors of flour in the city of Charleston.

XXIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for Samuel Smith, George Heriot, Savage Smith, Commissioners Francis Gottier Deliesseline and Robert Elliott, or any three of them, and forGeorgetown. they are hereby required, to appoint, on the first Monday in January next, and on the first Monday in every January thereafter, one inspector of flour and bread, at the town of Georgetown; which said inspector shall have all the powers, discharge all the duties, and be subject to and observe all the regulations, which are prescribed by this Act for such inspectors of the city of Charleston.

XXV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for Jesse Arthur, John Bynum, John Commissioners Means, John Sims and Gerard Burke, or any three of them, and they are for Granby. hereby required, to appoint, on the first Monday in January next, and on the first Monday in January in every year thereafter, one inspector of flour at the town of Granby, on the west side of the Congaree river; which said inspector shall have all the powers, discharge all the duties, and be subject to and observe all the regulations, which are prescribed by this Act for such inspectors at the city of Charleston.

Commissioners

XXVI. And be it further enacted by the authority aforesaid, That J. Bell, Duke Bell, Francis Carlisle, Alexander Noble and Wm. Scott, or any three of them, shall, and they are hereby required to, appoint, on the said first for Vienna. Monday in January next, and on the first Monday in January in every year thereafter, an inspector of flour, at the town or village of Vienna, on Savannah river; which said inspector shall have all the powers, discharge all the duties, and be subject to all the regulations, which are prescribed by this Act for such inspector at the said city of Charleston.

XXVII. And be it further enacted by the authority aforesaid, That every clause, matter and thing herein contained, shall extend, as fully and amply, to the said towns of Georgetown, Granby, Vienna, Camden and Columbia, as if the same were particularly mentioned in every clause of this Act.

XXVIII. And be it further enacted by the authority aforesaid, That this

A.D. 1796. Act shall continue and be in force for and during the term of six years, and until the end of the then next session of Assembly.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1656. AN ACT to establish the Roads and Ferries therein mentioned; to prescribe certain regulations respecting Roads; and for other purposes therein mentioned.

(Passed December 20, 1796. See last volume.)

No. 1657. AN ACT to prolong the time for certain Officers of the Militia to take the oath or affirmation prescribed by law.

(Passed December 20, 1796. See last volume.)

No. 165S. AN ACT more effectually to prevent Shopkeepers, Traders and others, from dealing with Slaves having no tickets from their owners; and for other purposes therein mentioned.

(Passed December 20, 1796. See last volume.)

No. 1659. AN ACT FOR RAISING SUPPLIES FOR THE YEAR ONE THOUSAND SEVEN

Preamble.

HUNDRED AND NINETY-SIX.

WHEREAS, we, the representatives of the free and independent State of South Carolina, in General Assembly met, have thought it expedient and necessary that a tax, for the sums and in the manner herein mentioned, should be assessed, raised, and paid into the public treasury of this State, for the use and service thereof:

I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the half of one dollar per centum ad valorem on every hundred dollars, to be paid in specie or