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inches in length, three inches in breadth, and one inch thick on the thin edge; hogshead staves to be forty-two inches long, three inches broad, and not less than three-quarters of an inch thick on the edges, sound and free from worm or knot holes; barrel staves to be two and a half feet long, three inches wide, and not less than three quarters of an inch on their edge, sound and free from worm or knot holes.

Sec. II. [Repeals all conflicting acts.]

FLOUR.

An Act to establish and regulate the inspection of Flour.*-Passed November 22, 1814. Vol. III. 329.

Whereas experience has shown, that the establishment of flour inspections, under proper regulations, will advance and promote the interest of this state :

established.

58. Sec. I. Be it enacted, &c. That there shall be a flour inspec- Inspections tion established in the town of Petersburg, and cities of Augusta and Savannah.

59. Sec. II. The inferior courts in the several counties aforesaid, Inspectors to at the first term of said courts after the passing of this act, and bien- by the inferibe appointed nially thereafter, shall appoint one person of good repute, and a skil- or courts. ful judge of the quality of flour, to be inspector of flour at the beforementioned places, that is to say, the inferior court of the county of Elbert shall appoint one inspector for the town of Petersburg; the inferior court for the county of Richmond, one inspector for the city of Augusta; and the inferior court of Chatham county, one for the city of Savannah.

how filled.

60. Sec. III. In case of the death of any person so appointed, or Vacancies, in the event of his refusing or neglecting to act, the justices of the inferior court of said county shall, as soon as conveniently may be thereafter, meet and appoint some other suitable person to fill such vacancy, who shall execute the duties of inspector until the succeeding election; and if the inferior court shall neglect to make appoint- If the court ments, it shall and may be lawful for the city council or corporation of the before-mentioned counties to appoint an inspector.

fails to ap

point, the cor

porations may do it.

be merchan.

61. Sec. IV. All bolted wheat flour, and every cask thereof, What shall brought to the places before mentioned for sale or exportation, shall table quality, be made by the miller or manufacturer thereof merchantable, and of due fineness, and without mixture of coarser flour, or the flour of any other grain than wheat.

made and

196 lbs. half

62. Sec. V. All flour barrels, packed with flour, brought to the Barrels, how before-mentioned places for sale or exportation, shall be well made, marked. and of good materials, twenty-seven inches in length, tightened with at least ten hoops, and sufficiently nailed, with the tare plainly marked on the head thereof; and every miller or bolter shall put into a bar- To contain rel the full quantity of 196 pounds of flour, and shall put into every barrels 98 lbs. half barrel the quantity of 98 pounds of flour; and on failure thereof, Penalty. shall forfeit and pay the sum of four dollars, to be recovered by any informer before any justice having jurisdiction thereof; one half of which shall belong to the informer, and the other half to the county.

* The act of 1801, Vol. II. 27, was repealed by that of 16th Dec. 1811, [Vol. III. 326.] This last was repealed on the 9th Dec. 1812, [Vol. III. 329,] which reinstated the act of 1801, from the date of the last act, (9th Dec. 1812.) to six months after the date of this.

Shall be inspected,

ner,

and how

branded.

63. Sec. VI. All barrels or casks of flour brought to the places aforesaid for exportation shall be submitted to the view and examinain what man- tion of the inspector, who shall expeditiously inspect the same by boring into the barrel from head to head with an instrument of not more than three quarters of an inch in diameter, to be by him provided for that purpose; and if he shall judge the same well packed and merchantable, according to the directions of this act, he shall plug up the hole and brand the barrel with the name of the place at which he shall be inspector with a public brand mark, to be by him provided for that purpose, and approved of by the inferior court, city council, or corporation, as the case may be; and shall also mark the degree of fineness which he shall determine the flour to be on inThe several spection, which degree shall be distinguished as follows: superfine, Inspectors' fine, middling, and ship stuff; for which trouble the inspector shall have and receive from the owner six and a quarter cents per barrel. 64. Sec. VII. If any person or persons shall pack flour in old barrels which have been marked and branded agreeably to this act, ready brand and which shall still have the brand of the inspector thereon, such person or persons shall forfeit and pay the sum of twenty dollars, to be recovered by any informer before any justice of the peace having jurisdiction thereof, one half of which shall belong to the informer, and the other half to the miller or manufacturer who has been injured by such false packing.

qualities.

fees.

Packing flour uninspected.

in barrels

ed, penalty 20 dollars.

Inspector to

purchase no flour except

for his own Penalty, 50

use.

dollars per barrel.

Exportation of flour not

per barrel.

65. Sec. VIII. It shall not be lawful for any inspector directly or indirectly to purchase any flour by him condemned as unmerchantable, or any other flour whatever, other than for his own and family use and consumption, under the penalty of thirty dollars for every barrel by him purchased, to be recovered upon information by any informer, before any justice of the peace having jurisdiction thereof; one half of which shall belong to the informer, and the other half to the county.

66. Sec. IX. If any person shall export from the place aforesaid, inspected, pe- any flour without inspection as aforesaid, he, she, or they shall fornalty 10 dolls. feit and pay the sum of ten dollars for each barrel of flour so exported, to be recovered upon information by any informer before any justice of the peace having jurisdiction thereof; one half of which shall belong to the informer, and the other half to the inspector.

Inspectors

shall be sworn. The oath.

Liable to in

67. Sec. X. Every inspector before he enters on the duties of his office shall take and subscribe the following oath, to wit; "I, A. B. do solemnly swear (or affirm as the case may be) that I will well and truly inspect all flour brought to me for inspection, that I will faithfully brand and mark the barrels as directed by this act: So help me God."

68. Sec. XI. The said inspectors shall be liable to indictment dictment for for neglect, peany neglect of duty, and upon conviction thereof, shall forfeit and nalty 30 dol pay a sum not less than thirty dollars.

Jars.

Boats not to

take in flour

69. Sec. XII. It shall not be lawful for any owner or patroon of uninspected. any boat in the city of Augusta, to receive on board his or their boat any barrel of flour to be carried to Savannah, that shall not have been inspected, marked, or branded as aforesaid; and any owner or patroon aforesaid, who shall violate this law, shall be liable to an indictment, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars.

Penalty 100

dollars.

70. Sec. XIII. This law shall go into operation from and after the expiration of six months from the passing thereof, and not before. Sec. XIV. [Repeals all conflicting acts.]

TAVERNS.-1791.

An Act for regulating Taverns, and reducing the Rates of Tavern

License.-Passed December 24, 1791. Vol. I. 445.

ces, how to

taining them

1. Sec. I. From and after the passing of this act, any person or Tavern licenpersons wishing to keep a tavern or house of entertainment, shall pe- be granted tition the justices of the inferior court held for the county where persons obsuch petitioner resides; and the court to whom such petition shall be exhibited, shall thereupon consider the convenience of such place intended for a tavern, and having regard to the ability of such petitioner to keep good and sufficient accommodations for travellers, their horses, and attendants, may, at their discretion, grant a license to such person or persons for the term of one year next ensuing the date of such license, and from thence to the next inferior court held for the said county, and no longer; which license, upon petition, may be renewed from year to year, if the court think proper: Provided al- Bond and seways, that before issuing such license, the court shall cause the petitioner to enter into bond, with sufficient security to be approved of by the court, in the sum of fifty pounds, conditioned for their keeping an orderly and decent house, with good and sufficient accommodations for travellers, their horses, and attendants; which bond shall be filed in the clerk's office, and subject to be put in suit upon any breach thereof.

and

curity.

to be fixed by

2. Sec. II. The justices of every inferior county court at the Tavern rates first term in every year shall fix and establish the rates and prices to the court. be paid at taverns for liquors, diet, lodging, provender, stabling, and tavern-keeper shall, within one month after shall be put pasturage; every the rates so established, obtain of the clerk of the said court a fair up at taverns table of such rates, which shall be openly set up in the public entertaining room in every tavern, and there kept throughout the year until the rates shall be fixed or altered again by the court, and then a copy thereof shall be again so obtained and kept from time to time, under a penalty of ten pounds on every tavern-keeper failing so to do; and if any tavern-keeper shall demand and receive any greater Penalty for price for any liquor, diet, lodging, provender, stabling, or pasturage, ging. than by such rate shall be allowed, he, she, or they so offending, shall forfeit and pay the sum of two pounds over and above the sum extorted, for every such offence, to the informer, recoverable with cost before any justice of the peace in the county where such tavern shall be.

over char

retailing

cense.

3. Sec. III. If any person shall presume to keep a tippling-house, Penalty for or retail liquors, or sell by retail any wine, beer, cider, brandy, rum, without li or other spirits, or any mixture of such liquors, in any house, booth, arbour, stall, or other place whatsoever, without license first obtained as aforesaid, he or they so offending and being thereof convicted shall the forfeit and pay sum of ten pounds, one half to the informer, and the other to the use of the county: Provided always, that nothing Proviso. herein contained shall extend to prohibit any merchant from retailing liquors, not less than one quart; nor to prevent any planter or other person from disposing of such brandy, rum, or whiskey as they may make from their own grain, orchards, or distilleries, so that it be not sold in a less quantity than one quart, or drank or intended to be drank at the house, store, or plantation where the same shall be so sold; except in the counties of Chatham, Liberty, and Effingham.

Repealing

clause.

wherein it shall not be lawful for any merchant to dispose of any quantity less than one gallon.

Sec. IV. [Respecting the price of licenses to retail, or to keep a billiard table-repealed by sec. 5, and by the penal code.]

4. Sec. V. All acts heretofore made respecting any thing within the purview of this act, shall be, and the same are hereby repealed: Provided always, that the corporation of the city of Savannah and and Augusta. Augusta shall have the sole regulation and power of governing and directing taverns and granting licenses, within their several jurisdic

Savannab

The rates of tavern license

dollars.

tions.

An Act to regulate the Rates of Tavern License in this State.-Passed
December 15, 1809. Vol. II. 568.

5. Sec. I. From and after the passing of this act, each person obshall be five taining tavern license, shall pay for such license the sum of five dollars; any law to the contrary notwithstanding. Provided nothing in this act shall be construed to control the rates which now are, or may be established by the corporations of Savannah and Augusta, or any other incorporated town in this state.

plying with

Persons com- 6. Sec. II. Any person on application, and complying with this this act may law, may have license to retail spirituous liquors, without being obliged retail spirits. to keep other public entertainment; provided such person shall give

bond and sufficient security to the inferior court in the sum of 500 dollars, to keep an orderly house; and provided also, that if they do keep a house of entertainment, they shall not be allowed any other pay than agreeable to tavern rates.

TAX.

The tax law of 1804 revives no former act; and as it is the last that is systematic
and detailed in its provisions; and was the next year made perpetual; it stands
now as that general law to which all subsequent amendments refer. Its se-
cond perpetuation in 1807, and the annual clause of revival since, are certain-
ly superfluous as respects the principal act; perhaps they were enacted from
a belief of their being necessary to preserve in force such intervening amend
ments as had from time to time been made. But it is submitted on the autho
rity of Wallis vs. Hodson, Barn. Rep. 276: and Bayley vs. Murin, 1 Vent.
246, that they would have continued in force without revival. To facilitate,
however, the researches of any who may think otherwise, the subjoined syl
labus is offered, which exhibits those revivals down to the present time. This
form is deemed preferable to that of swelling the volume with the statutes and
clauses of revival at large.

Act of (1) 1805, (Vol. II. 254,) amends and perpetuates the act of 1804.
ib. 301, amends the act of 1805.

1806,

1807, ib.

1808, ib.
1809, ib.
1810,

ib.

392, again amends and perpetuates that of 1804. 454, supplementary to the tax laws generally. 555, amendatory of them generally.

663, amends that of 1804.

1811, Vol. III. 141, amends generally.

*See further on the subject of revivals, Rex vs. Morgan, 2 Str. 1066: Shipman vs. Henbest, 4 T. Rep. 109, and the authorities there quoted. I am also referred to Lutw. 221: West's case, Cro. Eliz. 750: Owen, 135: Ld. Raym. 1028: 2 Jon. 63: See also Raym. 397.

(t) The acts thus marked would be sufficient to show that the law of 1804 with all its amendments now printed are in force at this time; but the intermediate references may be useful in ascertaining what amendments may have been in force at any intervening period.

Act of (4) 1812, Vol. III. 870, declares the act of 1804, with its amendments, to be in force, and further amends it.

1813, ib. 875,

1814, ib. 879,

1815, ib. 883,
ib. 887,

(+) 1816,

(#) 1817,

revive the act of 1812, with amend-
ments.

889, revives act of 1816.

ib.
1818, ib. 892,

(†) 1819, ib. 892,

revive 1817, with amendments.

An Act to raise a Tax for the support of Government for the year 1805.
Passed December 12, 1804. Vol. II. 226.

1. Sec. I. A tax shall be levied and collected on all lands within Tax on lands. this state, granted to, or surveyed for any person or persons, in the following mode, to wit:

and quality

On each and every acre of all tide swamp, (cultivated or unculti- Valuation vated,) including islands of the first quality, at three cents and seven of lands. mills per acre; of the second quality, at two cents and three mills Tide swamp. per acre; and of the third quality, at seven mills per acre.

On all pine lands adjoining such tide swamp, or contiguous thereto, Pine lands or within three miles of water carriage, at six mills per acre.

adjoining.

On all prime or inland swamp (cultivated or uncultivated) of the Inland first quality, at two cents and six mills per acre; of the second quali- swamp. ty, at one cent and four mills per acre; and of the third quality, at six mills per acre.

On all pine lands adjoining or contiguous thereto, at one mill and an Pine lands half per acre; on all salt marsh, one and an half mills per acre. adjoining.

Abercorn,

M.Bean's

On all high river swamp or low grounds (cultivated or uncultiva- High river ted) including islands, including such as are called second low grounds, swamp above lying above Abercorn creek, and as high as the mouth of M'Bean's and below creek, on Savannah river, of the first quality, at one cent and nine Creek. mills per acre; of the second quality, at one cent and two mills per acre; and of the third quality at six mills per acre.

M'Bean's to
Rae's Creek.

On all high river swamp as aforesaid, lying above M'Bean's creek, Above and as high as the mouth of Rae's creek, of the first quality, at two cents and nine mills per acre; of the second quality, at one cent and nine mills per acre; and of the third quality, at eight mills and an half per acre.

ver.

On all high river swamp as aforesaid, lying from the mouth of Rae's Above Rae's Creek to the mouth of Broad River, on Savannah River, of the first to Broad Ri quality, at one cent and five mills per acre; of the second quality, at eight and a half mills per acre; and of the third quality, at two and an half mills per acre.

from

On all oak and hickory lands (cultivated or uncultivated) including Oak and hickislands, from the mouth of Rae's Creek, to the mouth of Broad River, or creek to and within one mile of Savannah River, of the first quality, at six mills Broad River. per acre; of the second quality, at two and a half mills per acre; and of the third quality, at one and an half mills per acre.

Savannah

On all oak and hickory lands, including islands (cultivated or uncul- Above Broad tivated) from the mouth of Broad River, up the Savannah River, and River up the within one mile of the same, and up Tugalo River to the marked line and Tugalo. on said stream, of the first quality, at four and one quarter mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one mill per acre.

On all oak and hickory lands, including islands, (cultivated or un- Up Bro & cultivated) from the mouth of Broad River to the marked line on the River. head thereof, of the first quality, at four and one quarter mills per

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