Quantity to be put into each cask, &c.

Bread casks to be weighed, &c.

Baker to dever and invoice, &c.

such person shall and may have a recovery of the same, with costs, against the miller or bolter from whom such bread or flour was purchased or received, upon making it appear that he gave notice to such miller or bolter, that he intended to carry the same to the town aforesaid for sale for exportation, and that he requested such miller or bolter to secure and mark the said barrels as aforesaid.

VII. And be it enacted, That the said miller and bolters shall put into the casks number one the full quantity or weight of two hundred and twenty-four pounds of flour, in the casks number two the full quantity or weight of one hundred and ninety-six pounds, and in the casks number three the full quantity or weight of one hundred and sixty-eight pounds of flour; and that if any miller or bolter shall pack any cask with a less quantity of flour than is directed by this act to be contained in the casks of the different sizes and dimensions above mentioned, he shall forfeit, if the deficiency be one pound, six-pence current money, if two pounds one shilling and six-pence, and two shillings per pound for every pound deficient above two.

VIII. And be it enacted, That all casks wherein bread shall be packed shall be weighed, and the tare marked thereon, and if any person shall put a false or wrong tare on any cask of bread, to the disadvantage of the purchaser, he or she shall forfeit, for every cask so falsely tared, five shillings current money; and the inspectors, or their assistants respectively, upon suspicion, or upon the request of the buyers, shall and are hereby required to unpack any such cask of flour or bread as aforesaid, and if there shall be a lesser quantity of flour than is above directed, or if the cask or casks wherein bread is packed shall be found to weigh more than is marked thereon, then the miller, bolter, or baker, as the case may be, shall pay the charges of unpacking and repacking, over and above the penalties aforesaid, but otherwise the said charges shall be paid by the inspector, or by the purchaser if the trial be made at his request.

IX. And be it enacted, That every baker of bread for exportation shall deliver with the said bread an invoice of the contents thereof, with his brand-mark thereon, together with his name signed thereto, under the penalty of forty shillings current money for every invoice deliv

ered contrary thereto; and if any cask or casks of bread upon trial be found lighter than is set down in the invoice, he shall forfeit for every pound deficient in the same proportion as is heretofore directed as to flour.

be examined by

X. And be it enacted, That all and every cask of flour Flour casks to brought to the said town, to be from thence laden and inspector, &c. shipped for exportation, shall be submitted to the view and examination of the inspector so as aforesaid nominated and appointed, who shall search and try the same, by boring the head and piercing it through with an instrument, not exceeding half an inch diameter, to be contrived for that purpose, in order to prove whether it be honestly and well packed, and also enable him to judge of its goodness, and shall afterwards plug up the hole; and if the said inspector shall judge the same to be merchantable, according to the directions of this present act, he shall brand every such cask of flour on the quarter with the word Baltimore, 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, ship-stuff; for which trouble he the said inspector shall have and receive of the owner of such flour the sum of one penny current money for each cask, and no more.

able flour not to

XI. And be it enacted, That no inspector of flour shall Unmerchantbrand any flour which shall prove, on examination be branded, &c. thereof, 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 a broad arrow, or secure it for a further examination if required, which examination the owner shall procure to be made within the space of twenty days, and the inspector shall and may demand and receive, from the owner or owners thereof, the same rates and prices as if the same had been branded.

grieved may ap

&C.

XII. And be it enacted. That when any person shall persons agthink himself aggrieved, through the judgment or want ply to justices, of skill of the said inspector, in rejecting the said flour as unmerchantable, it shall and may be lawful for such person to apply to a justice of the peace, who shall, at the charge of the complainant, issue his warrant, directed to three indifferent persons, well skilled in the manufacture of flour, to review and examine the same; which said three persons, so as aforesaid appointed, shall take the same oath, or affirmation if a quaker, menonist, or dun

Allowance inspectors storage, &c.

to

for

For reviewing flour.

with a broad ar

be exported, &c.

ker, as by this act is herein after directed to be taken by every inspector of flour, and shall carefully view and examine the same, and if they or any two of them shall pass and declare the same to be merchantable, then and in such case the said inspector shall rase out the broad arrow, and put such brand on the said flour as they or any two of them shall adjudge and determine, and repay to the said complainant the said cost; but if on such review the judgment of the said inspector shall be confirmed, then and in such case the said owner of such flour shall pay the cost of such review.

XIII. And be it enacted, That every inspector shall be allowed one penny current money per barrel for storage, if stored, and if upon an appeal and review as aforesaid, the judgment of the inspector shall be confirmed, the person appealing shall pay the expence of such storage, and shall also pay the same if an appeal shall not be prosecuted; and if the judgment of the said inspector shall be reversed, then the said inspector shall forfeit his charge and expence of the said storage.

XIV. And be it enacted, That the said inspector of flour, for his trouble, shall and may receive the sum of two-pence current money for each barrel by him reviewed. Casks marked XV. And be it enacted, That it shall not be lawful for row, &c. not to any person whatsoever, to export, ship, or lade on board of any ship or vessel for exportation out of this state, any of the casks or barrels of the said flour so marked with a broad arrow as aforesaid, or to export, ship, or lade on board of any ship or vessel for exportation, any of the casks or barrels of the said flour not examined and branded as aforesaid, from out of Patapsco river, on pain of forfeiture of fifty shillings current money for each and every barrel so exported or laden on board of any ship or other vessel for exportation.

XVI. And be it enacted, That every inspector of flour, who shall be nominated as aforesaid, shall, on his appointment, and before his executing the said office, make oath, or affirmation if a quaker, before a justice of peace, "that without fear, favour, affection, malice, partiality, or respect of persons, he will diligently and carefully view, examine, and inspect, all flour brought to the said town of Baltimore, and which he shall be called upon to view, examine, and inspect, to the best of his skill and knowledge, and that no flour shall be passed or branded by him, without his viewing and examining the same; that

he will not brand, or cause to be branded, any cask or casks of flour, that do not appear, to the best of his skill and knowledge, to be in all respects sufficiently clean, sweet, and merchantable; and that he will pass and brand all such cask or casks of flour as shall appear to him sufficiently clean, sweet, and merchantable, according to the degree thereof, to the best of his skill and knowledge, and according to the directions of this act; and that he will not, wittingly or willingly, charge, ask, take, receive, exact, or demand, any other or larger fees or rates, for doing his duty in his office as inspector of flour, than is mentioned and directed by this act; and that he will carefully and diligently view and examine all casks in which such flour shall be brought and contained; and that he will not pass or brand any cask or casks of flour, unless such cask or casks be of such size, goodness, and thickness, as by this act is required.

sons altering the

XVII. And be it enacted, That no inspector of flour Not to purchase flour, &c. shall purchase, directly or indirectly, any flour by him condemned as aforesaid, or any flour whatsoever, other than for his own family use, under the penalty of forty shillings current money for each barrel by him purchased. XVIII. And be it enacted, That if any person shall alter Penalty on perthe mark stamped on any barrel of flour by any inspector, marks, &c. or shall mark or brand any barrel of flour which hath not been inspected, with any mark or brand similar to, or in imitation of, the inspector's said mark or brand, or after the said inspector shall have passed any barrel of flour as merchantable, shall pack into the cask which contains the same, any other flour, or after any barrel of flour shall be branded with a broad arrow, shall unpack and repack the same into other casks or packages, for exportation out of this state, such person shall forfeit and pay the sum of forty shillings current money for every barrel. XIX. And be it enacted, That the said commissioners, may remove inor the major part of them, shall be and are hereby empowered, at any time, to displace or remove the said officer from his office, if the said commissioners or the major part of them shall see cause, and shall and may nominate and appoint another fit person to such office during the residue of the year, who shall have power to execute the same office according to the directions of this act, on his taking the said oath of office.

XX. And, Whereas great quantities of flour are brought by water to the said town of Baltimore, and it being very inconvenient to land the same for inspection:

Commissioners

spector, &c.

Inspector to go on board vessels, &c.

May appoint assistants, &c.

Officers to take the oaths, &c.

Penalties, how to be recovered, &c.

Part of an act continued, &c.

XXI. Be it enacted, That the inspector of flour appointed by this act shall, and is hereby directed, at the request of any person who shall bring above fifty casks in any one vessel, to go on board such vessel in the harbour of the said town, and inspect the said flour on board, under the penalty of twenty shillings current money for every neglect or refusal.

XXII. And, Whereas it may sometimes happen, that by reason of a great quantity of flour being brought at once to Baltimore-town, the person who shall be appointed inspector of flour cannot alone, with sufficient dispatch, inspect and brand all such flour, and as it is apprehended that the most likely means to support the credit of the inspection brand is to make one inspector answerable,

XXIII. Be it enacted, That the person to be by the commissioners, or the governor and council, as aforesaid, chosen and appointed inspector of flour, shall or may, on such occasions only, or in case of sickness, employ one or more persons of good repute, and well qualified for such service, as assistants to assist him in the execution of his said office; and such assistants, after taking the oath or affirmation herein prescribed to be taken by the inspector of flour, are hereby authorised to inspect, and brand any barrels of flour at Baltimore-town, as the inspector himself might do.

XXIV. And be it enacted, That before any of the said officers shall enter upon the execution of their respective offices, they shall take the several oaths to government appointed b law.

XXV. And be it enacted, That all and every the penalties and forfeitures in and by this act set and appointed, shall be recovered before a single magistrate, as in case of small debts, in the name of the commissioners of the town, and be by them laid out and expended in mending the public wharfs and streets in the said town.

XXVI. And be it enacted, That so much of the act, entitled, An act to prevent the exportation of flour, staves and shingles, not merchantable, from the town of Baltimore, in Baltimore county, and to regulate the weight of hay, and the measure of grain, salt, flax-seed, and fire-wood, within the said town, and to prevent the exportation of flour not merchantable from Fell's-point in the said county, made and passed at a session of assembly, begun and held at the city of Annapolis on Wednes