Tennessee § 43-19-202 - Duties of proprietor or deputy.

§ 43-19-202. Duties of proprietor or deputy.

It is the duty of the proprietor or one (1) of the proprietor's regular deputies to: Inspect the uncasing and breaking of any tobacco for inspection, and examine and classify the tobacco according to law and the proprietor's or deputy's oath of office; Break each hogshead for inspection, in at least four (4) different places, drawing from each break at least four (4) bundles or hands of tobacco, from different courses or layers, so as to get a fair and just representation of the quality and condition of the tobacco; Place these bundles together in one (1) sample, stamp with the following seal: “State Tobacco Inspection,” and mark with ink upon the label of the sample the name of the warehouse, the planter's name, the warehouse number of the hogshead and its approximate gross weight, the date of inspection, and the name of the sampler drawing the sample; Mark “A,” or “Admitted,” all sound, clear, well assorted leaf tobacco, clear of lugs or trash, in good keeping order, and mark “R,” or “Refused,” all lugs or trash, or leaf mixed with lugs or trash, or clean leaf tobacco, if not in good keeping order; Condemn all hogshead or casks that are insecure, or made of green or unsound timber, and mark, upon the label of the sample, “Cask Condemned”; the cost of putting such hogshead in proper merchantable order shall be charged to the owner of the tobacco; Refuse to classify, and mark as “Damaged,” expressing on the label the probable amount of damage, every hogshead so damaged that the sample drawn will not show the character and extent of damage; Refuse to classify, and to mark “Condemned,” any hogshead of tobacco that is falsely and fraudulently packed with intent to deceive, and give full information to the grand jury about such hogshead, from the proprietor's or deputy's books, when called upon to furnish the information; Superintend the coopering and reweighing; see that each cask is replaced over the same tobacco from which it was taken; and mark the hogshead on both heads with distinct figures, specifying the correct weights; Carefully enter in a book, to be provided and kept, for that purpose alone, an account of every hogshead of tobacco inspected, stating the planter's name, warehouse number, the gross weight, the tare, the net weight, the price at which it sold, the purchaser's name, and its quality, whether “Admitted” or “Refused”; and Be personally present, and witness the breaking of any tobacco for inspection, and personally attach the proprietor's or deputy's seal to the sample drawn, and pay all just reclamations on tobacco improperly sampled by the proprietor or deputy. Acts 1870-1871, ch. 65, § 9; 1889, ch. 192, § 3; Shan., § 3389; Code 1932, § 6486; T.C.A. (orig. ed.), § 43-2111. Cross-References. Deceptive business practices, § 39-14-127 .