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and security for payment of the money; and to apply the same, as it shall be received, towards lessening the levy of the said county.

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CHAP. XXVIII.
An act to amend the act, intituled, An

act appropriating certain public
taxes to the opening a waggon road
from the state road to the mouth of
The Little Kanawha, and for other
purposes.

[Passed the 22d of December, 1787.)
· I. WHEREAS by an act of the last session of as-

Act appro. sembly, certain taxes then due, as well as a propor- jain taxes to tion of those which would become due in the county of the opening a

road from the Harrison, were to be appropriated towards opening a

los "ema state road to waggon road from the state road to the mouth of the the mouth of Little Kanawha: And whereas by an act of the same the Little Ka. session, the said county of Harrison was, from and af. nawha amen. ter the first day of May then next following, to be divided, and the county of Randolph taken therefrom; and it is doubted whether the taxes in the county of Randolph are to be paid and appropriated in like manner as those in the said county of Harrison: For removing such doubts,

II. Be it enacted by the General Assembly, That the taxes in the said county of Randolph shall be accounted for, recovered, paid, and appropriated in like manner, and subject to the same conditions and restrictions, as by the said recited act is directed and prescribed for the taxes in the said county of Harrison. And wherea as by ihe said recited act, certain commissioners were appointed to superintend the opening a waggon-road from Morgan-town, in the county of Monongalia, to the mouth of Fishing-creek on the Ohio river; and George Haley, one of the said commissioners, is since VOE. XII.

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dead, and Ebenezer Zane, John Boggs, and Benjamin Davis, have refused to act:

III. Be it therefore enacted, That John Pierpoint, James Cleland, William M.Machan, John Caldwell, Andrew Woods, John Henderson, and George Stricker, shall be, and they are hereby appointed commissioners, in the room of the one that is dead, and those who have refused to act; and shall have the same pow. er and authoriiy as if they had been originally ad. pointed and named in the said act; and shall give bond and security as therein directed. Each of the coromissioners for the said counties of Harrison, Monongalia, and Obio, shall receive five shillings per day for every day be shall be bona fide engaged in laying off the said work, to be paid 'upon due proof thereof being made before the courts of their respective counties, out of the taxes appropriated for opening the said road, for which the sheriffs shall be allowed in the settlemen of their accounts.

CHAP. XXIX.

An act to amend the act, intituled An act io impose certain duties.

[Passed the 8th of January, 1788.)

ed.

Act imposing I. BE it enacted by the General Assembly, That duties amend from and after the passing of this act, brandy imported

from France in ships or vessels belonging to any of the citizens of the United Netherlands, or to the citizens or subjerts of any power in commercial treaty with the United States, shall be chargeable with no higher duties or imposts thereon on the importation of the same, into this commonwealth, than brandy imported from France in ships or vessels which are owned by the subjects of his most Christian majesty, or which are the property of the citizens of this state, or of any of the states in the American union.

II. And be it further enacted, That all money which hath been received by any naval officer within this

commonwealth for duties or imposts, on brandy from
France imported since the twentieth day of January, -
one thousand seven hundred and eighty-seven, in any
of the ships or vessels owned by the citizens or subjects
of any nation in commercial treaty with the United
States, shall be repaid to the person who hath paid
such duties or imposts, or to his agent or attorney le-
gally authorised to receive the same; and the governor
shall on application to him made, and proof of the pay.
ment of such duties or imposts, direct the auditor of
public accounts to issue a warrant, for payment there-
of, which the treasurer shall pay out of any money in
his hands arising from duties on goods imported into
shis commonwealth.

CHAP. XXX.

An act to regulate the inspection of

flour and bread.

(Passed the 23d of November 1787.]

1. WHEREAS the laws heretofore made for the Preamble. inspection of four, have been found defective, and it has become necessary to adopt some regulations for the prevention of frauds in the exportation of bread;

II. Be it therefore enacted by the General Assembly, Ingpections That one inspector of flour shall be appointed at each of four estą. of the following places, to wit, Alexandria, Fredericks-blished. burg, Richmond, Petersburg, West-Poini, Newcastle, York, Falmouth, Port-Royal, Hobb's-Hole, Colchester, Dumfries, Manchester, Osborne's, Pokabuntas, Nomony, Broadway, Low Point in Surry, Suffolk, Hampton, South-Quay, Norfolk, Louisville, Morgan's Town, Clarksburg, Smithfield, Fort Wheeling, Lynchburg, Hanover-Town, and Portsmouth. The courts Inspecto of the several counties in which the places aforesaid how appoint. are situated, shall, at their first or second court after ed. the end of this present session of the assembly, and at their courts held in the month of August or September in every year thereafter, nominate and appoint a per

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son of good repute, and who is a skilful judge of the quality of flour, to be inspector of flour at each of the places aforesaid. In case of the death of any person so appointed, or bis refusal or neglect to act, the justices of the said counties respectively, or any three of them, shall, as soon as conveniently may be thereafter, meet together and appoint some other person in the room of the one so dead or refusing or neglecting to act, who shall execute the duties of his office until the next court held for the county where such vacancy may have happened; and at such court the justices shall appoint, in manner before directed, some person to be inspector of flour for the residue of the year. It any of the said courts shall beglect to appoint such inspectors at the times directed by this act, the governor, with the advice of the council, may supply such vacancy; and the person so appointed, having laken the oath herein alter mentioned before a justice of the peace, shall continue in office during the same time,

and have the same power and authority, as if he had Flour, how been appointed by the court of the county. All bollmanufactur- ed wheat flour and every cask thereof brought to any

of the places before mentioned for exportation, from and after the first day of March next, shall be made by the miller or manufacturer thereof, merchantable

and of due fineness, and without any mixture of coarser Size of barrel flour, or the flour of any other grain than wheat. All

bread and flour casks which shall be brought to any of the places before mentioned for exportation, aster the first day of March next, shall be well made of good seasoned materials, tightened with ten hoops, sufficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop; and the flour barrels shall be of the following dimensions, to wit, the staves shall be twenty-seven inches in length, and

the head seventeen inches and an half in diameter. Brands. Every miller of flour and baker of bread for exporta

tion, shall provide and keep a distinguishable brand mark, with which he shall brand every cask of flour and bread, and mark thereon the tare and nett weight, before the same shall be removed from the place where it was bolted or baked, under the penalty of two shillings and sixpence for every barrel of fiour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed and not branded and marked as aforesaid, to be recovered from such miller or baker who shall neglect to comply with the directions of this act, or from the person who brings such flour or bread to any of the places aforesaid for sale; and in case ine penalty aforesaid shall be recovered from the person bringing the said bread or flour for sale, such person shall and may recover the same from the miller, baker, or bolter from whom such tlour or bread was purchased or received; provided it appears that he gave notice to such miller, baker, or bolter, ihai he intended

carry the same to one of the places before mentioned for sale or exportation, and that he requested such baner, iniller, or bolter to secure and brand the said barrels. Every miller and bolter shall put into each rask the Contents of full quantity of one hundred and ninety-six pounds of barrels. flour; and if any one of them shall put a smaller quantity of flour into any cask than is directed by this act, he shall forfeit for the deficiency of every pound under three, sixpence, and for the deficiency of every pound more than three, one shilling. All casks wherein bread Tate. shall be packed, shall be weighed and the tare marked thereon; and if any person shall put a false or wrong tare on any cask of bread, to the disadvantage of the purchaser, he or she shall forfeit for every cask so falsely lared, five shillings; and the inspector, or his assistants, upon suspicion or at the request of the purchasers, shall, and he is hereby required to unpack any cask of flour or bread, and if there shall be a lesser quantity of flour than is above directed, or if the cask wherein bread is packed shall be found to weigh more than is marked thereon, the miller, baker, or bolter, 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 bis request. Every occupier of a mill who shall grind and

Manifests. manufacture wheat into flour and pack the same in barrels, shall make out, subscribe, and deliver to the person authorised and empowered to carry away the said flour, a manifest of the gross, tare and neit weight of such flour, and if he shall neglect or refuse so to do, he shall forfeit and pay five shillings for every barrel of flour delivered without such manisest. Every baker Bread, for of bread for exportation shall deliver with the said exportation. bread a manifest of the contents thereof with his brand

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