senate, ten Inspectors of Tobacco for the city of New Orleans, to be denominated the "New Orleans Board of Tobacco Inspectors."

Term of Office; Bond.

3524. [R. S. 1824.] They 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 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 by the Treasurer of the State), for the faithful performance of their duties while in office; and each person offering himself as security shall take an oath before some competent magistrate that he is worth what he is surety for, and said surety shall be liable on said bond, not only to the State, but to all persons who shall have suffered damage by the wrongful act, neglect or inattention of the inspectors.

Inspectors a Board.

3525. [R. S. 1825.] It shall be their duty 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, be allowed each two hundred dollars per annum for their services.

Duties of President and Secretary.

3526. [R. S. 1826.] It shall be the duty of the president to call meetings of the Board, and preside over their deliberations. It shall be the duty of the secretary to record their proceedings, and in such manner as to show the vote of each member upon questions submitted to the Board.

Contracts.

3527. [R. S. 1827.] All contracts of the board shall be submitted to them, and shall be approved of by a majority of the whole number of inspectors.

Rules and By-laws.

3528. [R. S. 1828.] They shall have authority to make rules and by-laws for the regulation of the members in the dis

charge of their duties, which by-laws shall not be inconsistent with the laws and constitution of this State and of the United States.

Warehouses.

3529. [R. S. 1829.] It shall be the duty of the board to provide suitable warehouses in the city for storage of tobacco at the lowest rates at which they can be obtained, two of which shall be located in the Fourth District; 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 as will be most convenient for the reception of tobacco, and for the convenience and interest of those engaged in the tobacco trade.

Inspection.

3530. [R. S. 1830.] 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 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 the inspector or their clerk, to 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 inspector shall then have the tobacco broken in four different places, from each of which he shall draw four hands or bundles of tobacco, which shall be tied up neatly and compactly, the bundle from the top breaks 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 he can make it. 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 end of the sample card which expresses the quality of the tobacco, the warehouse number, inspection number and initial of the inspectors' names who have inspected it, shall be put under the seal of wax.

When a hogshead or cask of tobacco is damaged, if practicable, the damaged portion shall be cut off and held at the disposal 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 the hogshead. They shall give a sample of it, expressing the probable extent of the damage, but without inspection seal.

If upon the inspection of a hogshead of tobacco, it be apparent that it is falsely or fraudulently packed, said hogshead shall be marked "condemned," and the inspectors shall refuse to give a sample of it. It shall then be at the disposal of the owner or agents, subject to the same charges as if it had been inspected.

If the cask or hogshead shall prove to be of green or unsound timber, the inspectors shall provide a suitable cask at the expense of the owner or agent.

Classification.

3531. [R. S. 1831.] 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.

Reinspection.

3532. [R. S. 1832.] When the inspectors are called upon to reinspect a lot of tobacco, they shall make a copy of the original sample card, and shall write on it with ink, in plain letters, "reinspected," and shall give the date of the same.

Repacking and Marking.

3533. [R. S. 1833.] 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; 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.

Inspection Book.

3534. [R. S. 1834.] 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 whose account.

Certificate of Inspection.

3535. [R. S. 1835.] 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 indorsement 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 hogsheads promptly delivered at some opening of the warehouse which is accessible by a paved street.

Temporary Receipt.

3536. [R. S. 1836.] On receiving tobacco in the warehouse, the clerk of the inspectors shall give temporary receipts to the owner or agents, acknowledging the receipt thereof, which they may require to be surrendered upon the issuance of their certificate of inspection.

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 the sample and weights. The inspectors shall have recourse upon the particular inspector or inspectors whose neglect or wrongful act has caused the damage. Inspectors Cannot Deal in Tobacco.

3537. [R. S. 1837.] 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, 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 warehouse rented by them for the storage of tobacco, or from having any interest in the drayage of tobacco to and from the warehouses.

Upon conviction of the violation of any 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 nor more than two thousand dollars; and any inspector, upon conviction of making 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.

Inspection.

3538. [R. S. 1838.] All tobacco shall be inspected by two inspectors in the presence of each other; and in case of disagreement between them a third inspector shall be called in, who shall decide upon its quality.

3539. [R. S. 1839.] The inspectors shall not inspect tobacco at any other warehouses than those provided as contemplated by the preceding section.

Fees.

3540. [R. S. 1840.] The fees for receiving, weighing, inspecting, storing for two months, coopering, and all other duties imposed by 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 reinspecting, reweighing 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.

Clerks of Board.

3541. [R. S. 1841.] 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 a salary not to exceed 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.

Vacancies How Filled.

3542. [R. S. 1842.] Should any vacancy occur in the Board of Inspectors, by death, resignation, deprivation of office,