TITLE 2 Punishment ing. $173. Every person who shall adulterate any distilled spirits, or spirits in a state of distillation, with any poisonous or unhealthy subfor adulterat stance, and every person who shall sell such spirits, knowing them to be so adulterated, shall be guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried; the fine in no case to exceed one thousand dollars, nor the imprisonment the term of four years. Ib. for altering inspected spirits. Deputies. Foes of inspectors. Inspector to appoint deputies. Duty of inspector $174. Every person who shall fradulently put any thing whatever into any cask of distilled spirits branded by an inspector, for the purpose of altering the real or apparent proof, or the bead or nature of the spirits contained therein; and every person who, without first obliterating the marks of the inspector, shall put in any such cask, after the same shall have been emptied, in whole or in part, of the spirits contained therein when inspected, any other spirits or spirituous liquor whatever; and every person who shall sell, or in any manner dispose of any such cask, when emptied, without effacing the marks of the inspector, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment. $175. Every inspector of distilled spirits may appoint one or more deputies, who shall act in his name, and for whose conduct he shall be responsible. $176. Every inspector of distilled spirits in the city of New-York, shall be entitled to receive six cents for each cask of spirits inspected by him, and every such inspector in the cities of Albany and Troy, shall be entitled to receive for the like service, twelve and a half cents. ARTICLE TWELFTH. Of the Inspection of Leaf Tobacco in the City of New-York. SEC. 177. Inspector of leaf tobacco in city of New-York, to appoint one or more deputies. 178. Duties of such inspector. 179. Tobacco to be designated as of four qualities. 180. Fees of the inspector. 181. Persons counterfeiting marks, &c. deemed guilty of misdemeanor; penalty. 182. Penalties upon inspector and his deputies, for various acts of misconduct. $177. It shall be the duty of the inspector of leaf tobacco in the city of New-York, to appoint one or more deputies under him, who, together with the said inspector, shall, before entering upon the duties of his or their office, take and subscribe the oath required by the constitution.36 $178. The said inspector, either in person or by his deputy, shall, when called on for that purpose by the owner or consignee of any leaf tobacco, at all seasonable hours of the day, immediately proceed to ware-house, or to any of the wharves in the city of New-York, where he may be required for the purpose of inspecting any leaf to any (36) Act of the 19th of April, 1828, p. 348, Chap. 274. bacco in casks; whereupon he shall proceed to uncase and break each ART. 12, and every cask; and it shall be his duty to break up each cask in three different places, to wit: in the centre, and at the distance of not less than ten inches from each end, and oftener, if in his opinion the case may require, in order to a full and fair examination of the quality of the tobacco; and it shall be his duty to draw from each place where any cask may have been so broken, a sample of not less than four heads of the said tobacco, which he shall label and mark with a corresponding number and mark which he may put on to each cask, of which sample, so marked and numbered, he shall leave the one half with the owner or consignee of such tobacco, and the other half he shall carefully preserve for the examination of any person or persons who may desire so to do, until such tobacco shall have been either exported, or sold for consumption; and after a full and fair examination of each cask, the said inspector shall ascertain the actual tare of each cask, and shall cause the same to be carefully coopered and put in good order, and shall cause the same to be weighed, and in a legible manner, with a marking iron, shall mark on each head of such cask, the gross weight of such cask of tobacco, with the actual tare or weight of the package, and shall at the same time brand with a branding iron, the name, in full, of such inspector, with the month and year in which such tobacco was by him so inspected, together with the quality of tobacco contained therein, and deliver to the owner or consignee, a note or weigh-bill, designating the number, weight and quality of each cask by him so inspected, and the date thereof.37 ties of tobac co. $179. There shall be designated four qualities of leaf tobacco, and Four quali no more, and they shall be known and distinguished as follows: first, second, and third quality, and refuse or damaged, with some one of which it shall be the duty of the said inspector, as in his judgment the case may require, to mark all tobacco submitted to his inspecting, and also the samples which he may draw from the several casks.37 fees. $180. As a compensation for his services for inspecting, marking, Inspector's weighing and delivering such note or weigh-bill as aforesaid, and for retaining, preserving and exhibiting at all times such samples as he may retain of such tobacco by him so as aforesaid inspected, it shall and may be lawful for such inspector to charge at and after the rate of fifty cents for each and every cask by him so inspected, over and above the actual cost of cooperage and labor in setting up and preparing such tobacco for inspection.37 counterfeit &c. $181. If any person or persons shall forge, alter or counterfeit, or Penalties for attempt to forge, alter or counterfeit any marks or numbers which ing marks, may, by such inspection, be put on any cask of tobacco as aforesaid, or if any person shall fraudulently change or re-pack any tobacco so VOL. I. (37) Act of the 19th of April, 1828, p. 348, chap. 274. TITLE 2. inspected as aforesaid, from one cask into another cask, with the intent to defraud, or impose one quality of tobacco for another quality; or shall fraudulently or with intent to deceive, remove any stave or heading whereon such inspector may have put such marks and numbers as aforesaid; or shall forge, change or alter in any manner, any such weigh-note, or the marks and numbers which such inspector shall have attached to any samples which he may have drawn for exhibition; such person or persons so offending, shall, on conviction thereof before any court having cognizance thereof, be deemed guilty of a misdemeanor, and may be fined or imprisoned, or both, at the discretion of such court.38 Penalties on inspector and deputies. Articles not claimed. $182. If any such inspector or any of his deputies, shall falsely or fraudulently mark any tobacco submitted to him or them for inspection, or shall make and deliver any false or fraudulent weigh-bill or note of any tobacco by him or them so inspected, such inspector or deputy shall, on conviction thereof before any court having jurisdiction thereof, be deemed guilty of a misdemeanor, and may be fined, or imprisoned, or both, at the discretion of such court: and further, if any inspector or his deputy shall unreasonably refuse or neglect to do the duties of his office, such inspector or deputy, on conviction thereof, shall be liable to treble damages of any person aggrieved thereby, who may sue for the same in his own name and for his own use.38 ARTICLE THIRTEENTH. General Provisions. SEC. 183, 184, & 185. Unclaimed articles stored with an inspector, when to be sold, &c. 187. Every such report to be accompanied by an affidavit ; contents thereof. 192. Penalty for obstructing inspectors in executing their duties. 193. Penalty for counterfeiting, &c. brands or marks of inspectors. 194. Penalty for counterfeiting marks, &c. upon hogsheads, &c. 195. Penalties in this Title by whom prosecuted for, and how appropriated. 196. Penalties incurred by inspectors prosecuted by district attornies, how applied. 197. Inspectors to report annually to legislature. 198. Penalty for not complying with preceding section. 199. Meaning of term "inspector." $183. If any articles subject to inspection, and stored with an inspector, shall not be claimed by the owner within one year from the time they shall have been inspected, such inspector shall deliver to an auctioneer in the city or county in which he shall reside, an invoice or bill of such articles, specifying the quantity and quality, and the brands or other marks thereon, and also the name and residence of the owner, and of the person delivering the same for inspection, according to his information or belief.39 (38) Act of the 19th of April, 1823, p. 348, chap. 274. (39) Laws of 1822, p. 164, § 17 1819, p. 147, § 12. To be sold at auction. $184. Such auctioneer shall sell such articles at public auction, ART. 3. and shall cause an advertisement of the sale to be inserted for at least six weeks in succession immediately previous thereto, in the state paper, and in a newspaper printed in the city or county of his residence. He shall state in the advertisement the time and place of sale, and the quantity, quality, and marks of the articles to be sold, and the names of the owner and his agent, according to the bill delivered to him.40 sale to be $ 185. If, before the day of sale, the owner shall not claim such Account of articles, and pay the legal fees and charges thereon, the auctioneer rendered. shall complete the sale, and render an account thereof, to the comptroller, and pay the proceeds to the treasurer of this state, deducting the customary charges and expenses of the sale, and the legal fees and charges of the inspector, which shall be paid by such auctioneer. The monies paid into the treasury shall remain therein for the benefit of the owner, and be paid to him on his furnishing to the comptroller satisfactory evidence of his right.40 report. S 186. Every inspector shall annually on the first day of January, Inspector to transmit on oath to the comptroller, a duplicate of every invoice or bill of such articles, which, during the preceding year, may have been delivered to any auctioneer, and the amount received by him on the sales of any such articles, from any auctioneer. Report to be by oath. $187. Every such report of an inspector of pot and pearl ashes shall be accompanied by an oath or affirmation taken and subscribed accompanied before some proper officer, that he has delivered to some auctioneer of the city or county, (mentioning his name) an invoice, weigh-note, or bill of inspection of all the unclaimed ashes which had been in his hands one year or more, and that he has duly accounted with the owner or agent for all the ashes delivered to his care for inspection, as the law directs, and that he has not by himself or by any person in his employ, made out any invoice, weigh-note, or bill of inspection, of a later date than the time such ashes were duly inspected, and that the same were emptied out of the cask or casks, and duly examined, at the date of every such invoice, weigh-note, or bill of inspection. S188. If no such invoice or bill shall have been delivered to any Affidavit re auctioneer during the preceding year, by any such inspector, he shall, quired. notwithstanding, transmit to the comptroller, on the first day of January in each year, an affidavit, stating that there have been no articles subject to inspection stored with him, which have remained not claimed by the owner, within one year from the time they shall have been inspected. Penalty for $189. Every inspector who shall neglect to make any report or affidavit required in either of the three last sections, shall be deemed neglect. (40) Laws of 1822, p. 164, § 17; 1819, p. 147, § 12. 72 * VOL. I. TITLE 2 guilty of a misdemeanor, punishable by a fine not exceeding twentyfive hundred dollars, and by imprisonment not exceeding one year; and the comptroller shall direct the district attorney of the county where such inspector resides, to prosecute for such offence.40 Penalty for delaying to inspect. Punishment for fraud. Opposing in @pector, misdemeanor. Counterfeiting brands. Ib. Penalties how sued for. Ib. $ 190. Every inspector, who shall be required to inspect any articles subject to his inspection, if not then engaged in the business of his office, shall proceed without delay to inspect the same; and for every three hours of unnecessary delay in such inspection, he shall forfeit to the person delayed, three dollars, in addition to the damages which such person shall actually sustain. $191. Every inspector guilty of any fraud, mal-practice, or connivance in the discharge of his duties, or who shall offer any fee or reward to any person in order to obtain the profits of inspecting articles subject to his inspection, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. $192. Every person who shall oppose or obstruct, any inspector in the execution of his duties or powers, shall be guilty of a misdemeanor, punishable by fine and imprisonment. $193. Every person who shall counterfeit, or fraudulently alter or deface the brands or other marks of an inspector, shall be guilty of a misdemeanor, punishable by fine and imprisonment, the fine not to exceed two thousand dollars, nor the imprisonment three years. $194. Every person who shall counterfeit, or fraudulently alter or deface, the brands or other marks put upon any hogshead, barrel or half-barrel, containing flour, meal, beef, pork, pot or pearl ashes, fish, fish oil, liver oil, or distilled spirits, by the owner thereof, shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. $195. Every penalty imposed in each preceding Article of this Title; and not otherwise specially appropriated, except such as shall be incurred by inspectors, shall be prosecuted for, by any inspector, acting under the Article, the provisions of which shall be violated, whose powers extend to the place in which the offence shall be committed. The monies recovered, deducting such sum, not exceeding one half of the amount, as shall be allowed to the inspector prosecuting, for his expenses and trouble, by the court in which the recovery or conviction shall be had, shall be paid to the chamberlain or treasurer of the city, or treasurer of the county, in which the offence shall be committed, for the use of the poor of such city or county. $196. Every such penalty which shall be incurred by an inspector, shall be prosecuted for by the district attorney of the county in (40) Act of 14th November, 1829. |