funds to distribute, he shall make out a tableau of distribution within ten days next following the day of filing the statement of his account in the clerk's office, containing the names of the several creditors of the insolvent debtor, and mentioning the sums which are due to them respectively; and the tableau shall besides contain the distribution of the sum to be divided among all of the creditors, in following the order of privileges or mortgages, if any they have, or proportionally if they are ordinary creditors; and the syndic shall deposit the tableau in the clerk's office; the clerk shall notify the creditors thereof according to law.

brought ante

SEC. 1816. All the suits which may have been brought anterior to Disposition of the failure shall be transferred to the court in which the insolvent all suits debtor shall have presented his schedule, and shall be continued rior to the against his syndic.

34 A. 1216.

failure.

SEC. 1817. The fees of the counselor who shall be appointed to rep- Fees of attorresent the absent creditors shall in no case be paid by the mass of ney for absent creditors, by creditors, but shall be levied on the amount which shall be recorded whom paid. for the account of the absent creditors, at the rate of five per cent.; provided, that in no case shall the fees exceed the sum of two hundred and fifty dollars.

33 A. 205.

Provided.

SEC. 1818. The creditors may, in their deliberation, at the time of Commission alelecting a syndic, determine the rate and amount of the commissions lowed to syndics, how deterto be received by him; and such determination shall be valid and mined. binding upon the syndic who shall accept the trust. In no case shall the syndic be entitled to receive greater commissions than at the rate of five per centum upon the net amount of money received. When the commissions of the syndic have not been fixed by the deliberation of the creditors, commissions shall be allowed at the following rates, towit: five per cent. upon a sum not exceeding fifty thousand dollars; three per cent. upon sums above fifty thousand and not exceeding one hundred thousand dollars, and two per cent. upon all sums exceeding one hundred thousand dollars. And provided further, that the commissions shall be allowed only on such net sums of money as shall actually come to their hands or be disbursed and distributed by them.

SEC. 1819. Any debtor who may be imprisoned under a writ of arrest, and against whom no charge of fraud is pending, may be discharged from arrest by making a surrender of his property to his creditors.

C. P. 219; Act 1855, p. 42.

SEC. 1820. (Executors, etc., to deposit money collected by them in bank; penalty for failing to do so.) See D. 3695.

D. sec. 7, 1105, 1463; Act 1855, p. 78.

Debtor may be discharged from arrest by making a surrender.

Article 3053 amended.

SEC. 1821. (To exhibit an account of funds on hand whenever required.) See D. 3696.

C. C. 1151; D. sec. 8, 1106, 1464.

SEC. 1822. Article three thousand and fifty-three shall be so amended that the opinion of the majority of the creditors, in number and amount, shall prevail.

C. C. 3086 (3053); Act 1843, p. 51.

INSPECTION.

Ten tobacco inspectors to be appointed.

Term of office.
Oath.

Bond and security.

Board of inspectors.

Duty of the president and secretary.

INSPECTION OF TOBACCO.

SEC. 1823. There shall be appointed by the governor of the State, by and with the advice and consent of the senate, ten inspectors of tobacco for the city of New Orleans, to be denominated the “New Orleans board of tobacco inspectors."

D. sec. 1642; Act 1855, p. 438.

SEC. 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 to 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.

SEC. 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, and aliowed each two hundred dollars per annum for their services.

SEC. 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.

SEC. 1827. All contracts of the board shall be submitted to them, All contracts submitted to and shall be approved of by a majority of the whole number of in- the board. spectors.

Rules and

SEC. 1828. They shall have authority to make rules and by-laws for the regulation of the members in the discharge of their duties, by-laws. which by-laws shall not be inconsistent with the laws and constitution of this State and of the United States.

Warehouses to

SEC. 1829. It shall be the duty of the board to provide suitable warehouses in the city for the storage of tobacco at the lowest rates be provided by at which they can be obtained (two of which shall be located in the the board. 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 point as will be most convenient for the reception of tobacco and for the convenience and interest of those engaged in the tobacco trade.

Tobacco, by

SEC. 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 whom received. 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 inspectors 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

tobacco.

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.

SEC. 1831.

There shall be two classes of tobacco, to-wit: admitted Classification of 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. 1832. When the inspectors are called upon to reinspect a lot Reinspection, of tobacco they shall make a copy of the original sample card, and shall write on it with ink, in plain letters, "reinspect," and shall give the date of the same.

how made.

and marked.

SEC. 1833. When the inspection of one or more hogsheads of toHow repacked bacco 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.

SEC. 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 Book of inspection. 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.

SEC. 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 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 hogsheads promptly delivered at some opening of the warehouse which is accessible by a paved street.

SEC. 1836. On receiving tobacco in the warehouse the clerk of the inspectors shall give temporary receipts to the owner or agents, Temporary receipts to be acknowledging the receipt thereof, which they may require to be sur- given by the inspectors or rendered upon the issuance of their certificate of inspection. The in- their clerks. spectors 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.

or trading in

SEC. 1837. The inspectors themselves and the persons employed by them are prohibited from dealing or trading in tobaoco, either in Inspectors prohibited their own names or in the names of others, in any manner whatever; from dealing or from being connected with or having any interest in the business of tobacco. 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 for 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.

Penalty.

spectors re

spect tobacco.

SEC. 1838. All tobacco shall be inspected by two inspectors in the Number of inpresence of each other; and in case of disagreement between them a quired to inthird inspector shall be called in, who shall decide upon its quality. SEC. 1839. The inspectors shall not inspect tobacco at any other warehouses than those provided as contemplated by the preceding section.

Inspectors not to inspect out of their ware

houses.

SEC. 1840. The fees for receiving, weighing, inspecting, storing for Fees for receivtwo months, coopering and all other duties imposed by law upon the ing, weighing, inspecting, etc. 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.

Extra storage.