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So, if a hirer refuses to provide medical aid for the slave, and insists on his laboring when physically unable, the owner may take him into possession, provide the necessary attention, and still hold the hirer liable for the sum stipulated. Ibid. The contract of hiring covers also an agreement that the slave shall be honestly employed; and if a hirer incites a slave to any immoral or dishonest act, the master may rescind the contract of hiring. Rasco vs. Willis, 5 Ala. R. 38. We are surprised, at every step of an investigation into the subjects of the civil law, to find how much of the principle of that law has become, without the authorities knowing it, parts of our slave law. In illustration of this position it may be affirmed that the principle of the case of Rasco vs. Willis, cited as above, is the fruit of the civil law; for in book XLV. of the Pandects, tit. 3, § V., we find the following:

"Male fidei possessori servi, ex nulla causa per servum acquiri potest." "He who possesses a slave in bad faith, ought to acquire nothing by the slave." The right of holding slaves was defended by the Romans on two grounds: 1st. That the custom of nations had made enemies, taken in war, slaves to the conquering power; and 2d. that men who had no property to exchange for the means of subsistence, had authority to sell their liberty for the subsistence thus, furnished by others. And as was the condition of the parent, so should be the condition of the child.


NEW ORLEANS, October 26, 1846.
No. 6 Exchange Place. S

To the Editor of the Commercial Review.

SIR-About eighteen months since it was made known to me, by Messrs. Serda & Shuetze, apothecaries of Poydras street, near the Poydras Market, that the German farmers were in the practice of immersing their wheat, rye, and tobacco seed, for twenty-four hours before planting, in a certain solution, as a protection against the attack of the fly and worm.

It struck me that the same solution might also be a preventive against the ravages of the cotton caterpillar, and I requested some of my friends upon Red river, and in Iberville parish to procure the solution and to test it. I have lately received satisfactory proof of its success, and take pleasure to make it known to you. The solution is a simple one, composed chiefly of the blue stone, and can be prepared by the apothecaries above named at a very small expense, one dollar being enough to prepare seed sufficient for the planting Yours, very respectfully, WHEELOCK S. UPTON.

of one acre.






An Act to regulate the Inspection of Tobacco in the cities of New Orleans and


SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That there shall be appointed by the Governor of the State, by and with the advice of the Senate, ten Inspectors of Tobacco for the cities of New Orleans and Lafayette, to be denominated the "New Orleans and Lafayette Board of Tobacco Inspectors."

SEC. 2. Be it further enacted, &c., That said inspectors shall be appointed for the term of four years, shall take an oath faithfully to discharge the duties of the office, as prescribed by law, and shall each give bond to the State for the sum of ten thousand dollars (with two sureties for five thousand dollars, each good for the amount, to be approved of by the Treasurer of the State) for the faithful performance of their duties while in office; and that each person offering himself as security under this section, shall take an oath before some competent magistrate, that he is worth what he is surety for. And said sureties shall be liable on said bond, not only to the State, but to all persons who shall have suffered damage by the wrongful act, or neglect, or inattention of said inspectors."

Sec. 3. No person shall be appointed as inspector who is not a citizen of the United States, and a citizen of the State of Louisiana.

SEC. 4. It shall be the duty of said Inspectors to organize themselves as a Board, appointing one of their own number as President of the Board, and another Secretary. Seven members shall constitute a quorum. The Board of Inspectors shall have a common seal. In the absence of the president or secretary, the board shall name a president or secretary, pro tempore. The president and secretary shall be chosen yearly, and allowed each two hundred dollars per annum for their services.

Sec. 5. It shall be the duty of the president to call meetings of the board and preside over the deliberations of the same. It shall be the duty of the secretary to record the proceedings of the board, and in such manner as to show the votes of each member upon questions submitted to the board.

SEC. 6. All contracts of the board, hereinafter provided for, shall be submitted to the board, and shall be approved of by a majority of the whole number of inspectors.

SEC. 7. The board shall have authority to make rules and by-laws for the regulation of its own members in the discharge of their duties, which by-laws shall not be inconsistent with the laws and constitution of the State, nor of the United States, nor the provisions of this Act.

SEC. 8. It shall be the duty of the board to provide suitable warehouses in said cities, two of which shall be located in Lafayette, for the storage of tobacco, at the lowest rates at which they can be obtained, which warehouses shall be fire-proof, and floored with plank two inches thick, and provided with a sufficient number of presses, and shall be located at such points in said cities as will be most convenient for the reception of the tobacco and for the convenience and interest of those engaged in the tobacco trade.

SEC. 9. When the tobacco is brought to the warehouse, it shall be received by the inspector or inspectors allotted to said warehouse or their clerk, who shall immediately mark with ink the warehouse numbers, commencing with one, and running on to the end of the year, on each end of the cask.

When called on by the owner or agent to inspect a lot of tobacco, they shall cause the hogshead or cask to be placed at a convenient distance from the press, and under the eye of an inspector or his clerk, and cause one head of the cask to be taken out; the cask must then be headed upon the open end, and the whole cask be taken from the tobacco and weighed. The weight of the cask being the tare, shall be marked on it with a marking iron.

The inspectors shall then have the tobacco broken in four different places, from each of which they shall draw four hands or bundles of tobacco, which they shall tie up neatly and compactly; the bundles from the top break forming the first layer of the sample. The inspector shall be careful that the sample shall be a fair representation of the quality of the whole hogshead of tobacco, as near as they can

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make it so. The tape or twine used in tying up the sample shall pass through
the hands of tobacco, and a seal of wax shall be put on each sample. One enc
of the sample-eard which expresses the quality of the tobacco, the warehouse num-
ber, inspection number, and initials of the inspectors' names who have inspeetedť
When a hogshead or cask of tobacco is
it, shall be put under the seal of wax.
damaged, if practicable, the damaged portion shall be cut off and held at the dis-
posal of the owner or agent. The quantity so trimmed shall also be expressed on
the sample-card with ink. If the damage be to such an extent that it cannot be
trimmed off, the inspectors shall refuse to classify said hogshead. They shall give
a sample of it, expressing the probable extent of the damage, but without the in-
spection seal. If, upon the inspection of a hogshead of tobacco, it be apparen:
that it is falsely or fraudulently packed, said hogshead shall be marked "con-
demned," and the inspectors shall refuse to give a sample of it. It shall then be a
the disposal of the owner or agents, subject to the same charges as if it had been
inspected. It the cask of a hogshead of tobacco shall prove to be of green or
unsound timber, the inspectors shall provide a suitable cask, at the expense of the
owner or agent.

SEC. 10. There shall be two classes of tobacco, to wit: admitted and refused. The inspectors shall class as admitted, all tobacco they may find to be sound, well cured, and in good keeping condition; and they shall class as refused all such tobacco as they may find to be soft, high in case, or otherwise unsound.

SEC. 11. When the inspectors are called upon to re-inspect a lot of tobacco, they shall make a copy of the original sample-card, and shall write on it with ink, is plain letters, "re-inspected," and shall give the date of the same.

SEC. 12. When the inspection of one or more hogsheads of tobacco is finished, the laborers of the warehouse, under the eye of an inspector, or his clerk, shall have the cask returned to the tobacco, and the loose tobacco shall also be returned; and should it be impossible to put it all in, it shall be held subject to the order of the owner, and after it is placed under the press, it shall be coopered up, in good condition for shipping, each cask having six hoops. The cask shall then be weighed by an inspector, or his clerk, and the gross weight marked in ink over the tare weight. The gross weight, the tare, and the warehouse number, shall also be marked with marking irons, by cutting with the same on the bilge of the hogshead or cask, and the cask then stored away.

SEC. 13. The particulars of each day's inspection shall be recorded in a book, to be kept in each warehouse for that purpose, in which shall be noted all the marks and numbers on the cask when received, the gross weight, tare, warehouse number, inspection number, by whom inspected, and for whese account.

SEC. 14. The samples and a certificate, corresponding with the record of inspection, shall then be issued to the owner or agent, and shall be a receipt for the tobacco. This certificate shall be transferable by endorsement or otherwise, which shall be evidence of its delivery. When the legal holder of the certificate shall call for the delivery of the tobacco, it shall be the duty of the inspectors to have the hogshead promptly delivered at some opening of the warehouse which is accessible by a paved street.

SEC. 15. On receiving tobacco in the warehouse, the clerk of the inspectors shall give temporary receipts to the owners or agents, acknowledging the receipt thereof, which they may require to be surrendered upon the issuance of their certificate of inspection as hereinbefore provided. The inspectors shall be liable for all tobacco stored with them, and shall be responsible to all persons interested in the same, for the correctness of their samples and weights. The inspectors shall have recourse upon the particular inspector or inspectors, whose neglect or wrongful act has caused the damage.

SEC. 16. The inspectors themselves, and the persons employed by them, are prohibited from dealing or trading in tobacco, either in their own names, or in the names of others, or in any manner whatever, or from being connected with, or having any interest in, the business of other persons dealing in tobacco, or from putting up loose tobacco in bales or hogsheads, or from being interested in any manner in the warehouses rented by them for the storage of tobacco, as provided by this law, or from owning or being interested in any of the laborers or coopers employed in the warehouses, or from having any interest in the drayage of tobacco to and from the warehouses; and upon convietion of the violation of any one of the above prohibitions, the inspector, or other person so offending, shall be deprived of his office, and shall be subjected to a fine of not less than five hundred dollars, nor more than two thousand dollars, to be proceeded against by indictment of



information in the proper courts of the State. And any inspector, upon conviction o indictment of giving wilfully a false or fraudulent inspection, or accepting a bribe in relation to the discharge of the duties of his office, shall be deprived of his office, and shall suffer imprisonment in the penitentiary not less than three months, nor more than two years.

SEC. 17. That all tobacco shall be inspected by two inspectors, in the presence of each other; and in the case of disagreement between them, a third inspector shall be called in, who shall decide upon its quality.

SEC. 18. That all tobacco brought to the cities of New Orleans and Lafayette for sale, shall be inspected before it is sold, under the penalty of fifty dollars for every hogshead or cask sold without inspection, to be recovered of the party violating this law, at the suit of any inspector, one-half of which shall be paid to the State, and the other half to the inspector suing. There shall also be a privilege upon the tobacco, into whosesoever hands it may be placed by the sale for the above penalty. The suit to be prescribed against, if not brought within twelve months from the time of sale. Provided, that nothing herein contained shall be so construed as to require the inspection of tobacco in carrots, boxes, bales, stripped or stemmed tobacco, or tobacco stems in hogsheads, boxes, or bales, or damaged tobacco sold by order of the port-wardens on the levee, or of tobacco intended for re-shipment without sale, unless at the request of the agent or owner of the same. SEC. 19. The inspectors shall not inspect tobacco at any other warehouses than those provided, as contemplated by this law.

SEC. 20. The fees for receiving, weighing, inspecting, storing for two months, coopering, and all other duties imposed by this law upon the inspectors, shall not exceed two dollars and fifty cents per hogshead, one half of which shall be paid by the purchaser to the seller. For re-inspecting, re-weighing, and coopering, the charge shall be seventy-five cents for each hogshead.

On tobacco remaining in store more than two months from date of receipt, they shall charge extra storage at the rate of twenty-five cents per month. On tobacco stored on which there is no inspection, fifty cents per month. The owner or agent storing the tobacco shall be bound for the fees, and there shall be a privilege upon the tobacco for them.

SEC. 21. The Board of Inspectors shall be allowed to employ two clerks for each warehouse, to hold their places at the pleasure of the board; the first to receive out of the funds hereinafter provided, at the rate of and not exceeding one thousand dollars per annum, the other not to exceed six hundred dollars. The board shall also be allowed to employ a sufficient number of laborers and coopers for each warehouse.

SEC. 22. Should any vacancy occur in the board of inspectors, by death, resignation, deprivation of office, or from any other cause, it shall be the duty of the governor to appoint as soon thereafter as it may be deemed by him expedient, a competent successor, subject to the ratification of the Senate, as other civil appointments made by the governor; and the inspector so appointed shall in all respects conform to the requirements of this act. All appointments under this section shall be for the unexpired term of four years.

SEC. 23. The governor, by and with the advice and consent of the Senate, shall appoint a competent person, who shall be a citizen of the United States and a citizen of the State of Louisiana, to act as treasurer to the said board of inspectors—the salary of the treasurer shall be two thousand five hundred dollars per


The said treasurer shall take an oath faithfully to discharge the duties of his office, and shall give bond with two good securities in the sum of ten thousand dollars each, for the faithful performance of the duties of his office, to be approved of by the Secretary of State, and each security make oath that he is worth the amount for which he is security, over and above all his debts. In case of a vacancy in said office, the governor shall supply the place with another officer as soon as practicable, in the same manner pointed out by this act for the appointment of inspectors in case of vacancy.

SEC. 24. It shall be the duty of the treasurer to keep the books and accounts of all moneys received and disbursed, to collect all fees and provide for the safe keeping of them, to pay all expenses incurred; all bills of which to be approved by the board of inspectors. He shall, at the end of each month, pay to each inspector (all other demands upon the treasury being satisfied) equal portions of any moneys in his hands, provided that these payments do not exceed, to each inspector, a salary of four thousand dollars per annum, at the close of each year,

commencing the first day of November, 1846. Should there be any balance in his hands after paying the various clerks, laborers, rents of warehouses, and all the expenses of the inspection as provided by this law, it shall be appropriated as follows:-That the surplus fund remaining in the hands of the treasurer of the tobacco trade, shall, at the end of each year, be deposited in the hands of the treasurer of the State, to be held as a reserved fund for the benefit of the tobacco trade of this city; that, at the discretion of the legislature of the State, said fund may be from time to time invested in the purchase of ground and erection of buildings. thereon, for the storage of tobacco, the object being thereby to reduce the charges in tobacco brought to this market, the legislature having the power at their discretion to dispose of property so purchased, and buildings erected, and reinvesting for the same purposes the amount received, whenever it shall be desirable by the increase of the city and advanced value of such property.

He shall furnish to the State treasurer monthly abstracts of all moneys received and disbursed by him, which shall be approved by the board of inspectors. The treasurer shall be prohibited from being interested in any manner in the warehouses, or in the hands employed about the warehouses, as provided by this act. For any wilful violation of the duties of his office, the treasurer may be proceeded against by information or indictment, and on conviction thereof, shall be deprived of his office, and fined not less than five hundred, nor more than two thousand dollars.

For any corrupt or fraudulent conduct in the discharge of the said office, or for any defalcation in the payment of the funds entrusted to the said treasurer, upon conviction on indictment or information, the said treasurer shall be imprisoned in the penitentiary, no less than three months nor more than five years. But nothing in this act shall be so construed as to exempt said treasurer from liability in civil suits for any damage or loss any party or parties may have sustained by the neglect or wrongful act of said treasurer.

SEC. 25. That the books required by this law to be kept by the treasurer, the board of inspectors, and the clerks of the warehouses, shall at all times be accessible for examination by the executive officers of the State, and all persons interested in the examination thereof; and all the entries shall be evidence against the inspectors and the officers keeping them, in civil or criminal cases. SEC. 26. Nothing in this law shall be so construed as to authorize any charge upon the treasury of the State for any of the salaries or expenses provided by this law-the fees of inspection being the fund out of which they are to be paid.

SEC. 27. This law shall go into effect from and after the first of November, 1846. The governor shall nominate the inspectors and treasurer, under this law, at least two months prior to the time of its going into effect.

SEC. 28. All laws for the inspection of tobacco heretofore passed, are hereby repealed, from and after the time that this act shall go into effect.



Pardos v. Bozant.-Appeal from the Commercial Court.

The plaintiff purchased seven hundred barrels of pork certified to be prime inspected pork, and branded such by the defendant in his official capacity of inspector.

The pork was shipped with the usual care, and sent to New York, where it was landed in good order after a voyage of twenty-one days performed in fair weather and without accident of any kind.

Before its arrival it was sold by the plaintiff's correspondent at a certain price, to be paid on delivery, provided the quality corresponded with the certificate given by the defendant, and sent on with the bill of lading. On inspection in New York, it proved to be all sour, and so inferior in quality that the purchaser refused to receive it. It remained on hand some time and was finally sold to other persons at a reduced price.

This action has been instituted to recover from the defendant the difference between the two prices, on the ground of negligence in the inspection or re-packing of the pork, and misrepresentation in the certificate. The case was submitted to a special jury of merchants, who gave a verdict in favor of the plaintiff for

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