Degrees of Hour to be branded on mark thereon, and his name subscribed thereto, under the penalty of forty shillings for every manifest delivered contrary thereto; and if any cask of bread be found lighter upon trial than is set down in the manifest, he shall forfeit for every pound deficient in the same proportion, as is heretofore directed as to flour. Every cask of flour brought to any of the places beforementioned, to be from thence laden and shipped for exportation, shall be submitted to the view and examination of the inspectors at such place, who shall inspect and try the same by boring through the head with an instrument not exceeding half an inch in diameter to be by him provided for that purpose; and if he shall judge that the same is well packed, and merchantable according to the directions of this act, he shall plug up the whole, and brand the cask in the quarter with the name of the place at which he is inspector with a public brand-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, middling, shipstuff, for which trouble the inspector shall have and receive of the owner of such flour the sum of two pence, and no more for each cask. No inspector shall pass any flour which shall prove on examination to be unmerchantable according to the true intent and meaning of this act; but shall cause the same to be marked on the bilge with the word condemned, or secure it for a further examination if required, which examination the owner shall procure to be made within twenty days, and the inspector shall and may demand and receive from the owner or owners thereof, the same rate and prices as if the same had Appeal from been passed. When any person shall think himself inspectors. aggrieved by the judgment, or want of skill in an inspector in rejecting flour as unmerchantable, it shall be lawful for such person to apply to a justice of the peace, who shall, at the charge of the complainant, issue a warrant, directed to three indifferent persons well skilled in the manufacture of flour to view and examine the same, which said three persons, having taken the same oath, or affirmation, as by this act is herein after directed to be taken by every inspector of flour, shall carefully view and examine the same, and if they or any two of them,, shall pass and declare the barrels. Inspectors' fees. same to be merchantable; in such case the inspector for any person to export, or lade on board of any ship Attendance at Mills on tide water. Oath of in III. Provided nevertheless, That where any mill for the manufacturing of flour shall be situated on navigable water, below the falls, it shall be lawful for the owner of such mill to require the inspector of flour who resides the nearest thereto, to attend and inspect the flour manufactured by him; and the inspector, or his deputy, is hereby required to inspect and brand all such flour in the same manner, as if such flour had been carried to the place at which he is inspector, and the proprietor may thereupon export the same in like manner, as if it had been inspected at any of the before-mentioned places. Every inspector of flour, before he enters on the execution of his office, shall make oath or affirmation" that he will, without favour, af- spectors. fection, malice, or partiality, carefully inspect all flour brought to him and which he shall be required to examine; that no flour shall be passed or branded by him without his inspecting the same; that he will not brand or cause to be branded, as passed, any cask or casks of flour that do not appear to him to the best of his skill and judgment, to be sufficiently clean, sweet, and merchantable; that he will mark on all casks of flour the degree thereof, according to the directions of this act; that he will carefully examine the casks in which flour brought for inspection shall be contained, and that he will not pass or brand any such casks, unless not to deal in flour brand, &c. they be of such size, goodness, and thickness, as by this act, required." No inspector of flour shall directly Inspectors or indirectly purchase any flour by him condemned nor any other flour whatsoever, other than for his own use, under the penalty of forty shillings for every barrel by Penalty for him purchased. If any person shall alter the mark altering stamped on any cask of flour by an inspector, or shall mark or brand any cask of flour which has not been inspected with any mark or brand similar to, or in imitation of, an inspectors mark or brand, or, after an inspector shall have passed any cask of flour as merchantable, shall pack into such cask any other flour, or, after any cask of flour shall be branded condemned, shall unpack and repack the same in other casks for exportation, such person shall forfeit and pay the sum of forty shillings for every cask. If the quantity of flour which shall be brought to any of the beforementioned places for inspection shall at any time be so great that the inspector cannot alone examine the same with sufficient dispatch, or, if through sickness, the inspector Assistant in shall be incapable of discharging the duties of his office, on such occasions it shall be lawful for him to appoint one or more persons of good repute and good judges of the quality of flour to assist him in the execution of his office. Such assistants having taken the oath or affirmation prescribed by this act to be taken by an inspector shall be authorized to inspect and brand any flour in the same manner as the inspector Inspectors, may do. The courts of the several counties in which how remov. the beforementioned places are situated may at any spectors. ed. time remove from office any inspector of flour for neglect of duty, malfeasance, or corrupt practices, and may supply the vacancy occasioned thereby by appointing another inspector for the residue of the year. The penalties and forfeitures imposed by this act may be recovered by the informer before a single magistrate where the penalty does not exceed twenty-five shillings, and where it doth exceed that sum in any court of record within this state, one half to the use of the informer, and the other to the use of the commonwealth. So much of every act of assembly as comes within the purview of this act, shall be, and is hereby repealed. CHAP. XXXI. An act to amend the act for appointing commissioners to liquidate and settle the expences incurred in two expeditions carried on from the Kentucky district against the neighbouring Indians, and for other purposes. [Passed November 21, 1787.] Powers of commission. ers for set. 1. WHEREAS it hath been represented to the present general assembly that the powers given to the commissioners by an act of the last session intituled, "An act for appointing commissioners to liquidate thing expen and settle the expences incurred in two expeditions ces of expecarried on from the Kentucky district against the ditions a neighbouring Indians," do not authorize them to settle gainst the In. all claims for property and supplies necessarily im- ed. pressed for the troops employed in that service, which it is just and right should be settled and allowed. II. Be it therefore enacted, That John Steel, Baker Ewing, and James M'Dowell, gentlemen, be added to the former commissioners, who, or any two of them whereof a former commissioner shall be ore, shall have power, and they are hereby required to settle and adjust all claims for property and supplies necessarily impressed, and in their opinion proper for the troops employed in that service, and to grant certificates for the same in manner directed by the said act. III. And be it further enacted, That the said commissioners, or any two of them as aforesaid, shall have power to settle the claims and grant certificates for the pay of the militia employed in, and other necessary expences attending the defence of the frontiers of the district of Kentucky during the years one thousand seven hundred and eighty six, and one thousand seven hundred and eighty seven. The said commissioners shall in like manner grant certificates for the expences incurred in the removal of the arms and ammunition granted by the last session of assembly to the district VOL. XII. ૨૩ dians, extend of Kentucky for the defence of the same from Limestone to the town of Lexington, and in removing the lead from the Blockhouse to the town of Danville; all which certificates shall be receivable in taxes, as directed by the above recited act. IV. And be it further enacted, That where it shall appear to the said commissioners that any necessary expenditures o. cash have been made by the county lieutenants or other persons authorized by them for the transportation of the said arms and ammunition as aforesaid, the said commissioners shall have power to liquidate and settle the same, and shall grant to such person or persons an order or orders directed to any county lieutenant in the said district having any mo- . nies in his hands arising from militia fines, which orders with proper receipts on them of their having been paid shall intitle the person paying the same upon a settlement of his accounts to a credit for the amount thereof in like manner as if the same had been paid into the public treasury. Acts for keep ing certain roads in repair, and for CHAP. XXXII. An act to amend two acts of assembly, the one intituled An act for keeping certain roads in repair, the other intituled An act for opening and straightening certain public roads. [Passed December 2, 1787.] I. WHEREAS the two acts of assembly, one intituled, "An act keeping certain roads in repair," and the other "An act for opening and straightening ceropeng and tain public roads,;' have in many instances proved opstraightening pressive in their operation, in exacting tolls from great cer ain pub numbers of people who derive no benefit from the turnpikes; in directing the sum of sixty pounds to be levied annually for three years upon the counties of Fairfax, Loudoun, Berkeley, and Frederick, respectively, for lic roads al. tered and amended. |