Pages 309-325  ======   ======  Pages 340-356

===========================================================

325

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
CHAP. VII.
An Act for settling some doubts and differences of opinion, in relation to the benefit of Clergy; for allowing the same to Women; and taking away of Reading; and to disable certain Persons, therein mentioned, to be Witnesses.
I. WHEREAS it has been held, That where, by an act of parliament, made in England before the settlement of this colony, the benefit of clergy, as it is called, hath been taken away from any offences, that persons committing the like offences in this colony, are excluded by virtue thereof; but this opinion, if it were nicely examined, might possibly be questioned: And for settling the law in that point,
Preamble.
      II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That where, by any act of the parliament of England, made before the fourth year of the reign of the late king James the first, the benefit of clergy is taken away from any offence, the same shall hereafter be adjudged to be taken away from the like offence, committed in this colony, in respect to principals, and accessories standing mute, and challenging a greater number of the jury than the law allows. Acts of parliament prior to 4 Jac. 1, taking away clergy adopted.

===========================================================

326

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      III. And whereas the old distinction, of allowing the benefit of clergy, to men only, and excluding women, and putting the offender, being a layman, to read, hath been taken away by the parliament of England: Be it enacted, That where a man, being convicted of any felony, may demand the benefit of his clergy, if a woman be convicted of the same, or the like offence, upon her prayer to have the benefit of this act, judgment of death shall not be given against her upon such conviction, nor execution awarded upon any outlawry, for such offence; but she shall suffer the same punishment as a man should suffer, that has the benefit of his clergy allowed him in the like case; That is to say, shall be burnt in the hand by the jailor in open court, and shall be afterwards dealt with, as a man in the like case might be. And if any person be convicted of a felony, for which he ought to have the benefit of clergy, and shall pray to have the benefit of this act, he shall not be required to read, but without any reading, shall be allowed, taken, and reputed to be, and punished as a clerk convict; which shall be as effectual, to all intents and purposes, and as advantageous to him, as if he had read as a clerk; any other law or statute, to the contrary hereof, in any wise, notwithstanding. Clergy allowed to women.










Reading not required.
      IV. And whereas a question hath lately arisen, touching the right of negros, to the benefit of clergy: for the determination thereof, Be it further enacted, That when any negro, mulatto, or Indian whatsoever, shall be convicted of any offence within the benefit of clergy, judgment of death shall not be given against him or her, upon such conviction; but he or she, shall be burnt in the hand in open court, by the jailor, and suffer such other corporal punishment, as the court shall think fit to inflict; except where such negro, mulatto, or Indian, shall be convicted of manslaughter, or the felonious breaking and entring any house in the night-time, or for breaking and entring in the day-time any house, and taking from thence any goods or chattels whatsoever, to the value of five shillings sterling; and where he or she hath once had the benefit of this act; and in those cases, such negro, mulatto, or Indian, shall suffer death, and be excluded from the benefit of this act. Negroes, &c. allowed clergy.





Exceptions.
      V. And whereas negros, mulattos, and Indians, have lately been frequently allowed to give testimony as lawful witnesses in the general court, and other courts of

===========================================================

327

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
this colony, when they have professed themselves to be christians, and been able to give some account of the principles of the christian religion: but forasmuch as they are people of such base and corrupt natures, that the credit of their testimony cannot be certainly depended upon, and some juries have altogether rejected their evidence, and others have given full credit thereto: For preventing the mischiefs that may possibly happen by admitting such precarious evidence,
      VI. Be it further enacted, That no negro, mulatto, or indian, either a slave or free, shall hereafter be admitted in any court of this colony, to be sworn as a witness, or give evidence in any cause whatsoever, except upon the trial of a slave, for a capital offence; in which such case they shall be allowed to give evidence, in the manner directed by one act of assembly, made in the ninth year of the reign of the late king George, intituled, An Act directing the trial of Slaves committing Capital Crimes; and for the more effectual punishing Conspiracies and Insurrections of them; and for the better government of Negros, Mulattos, and Indians, bond or free. Negros, Mulattoes and Indians disabled to be witnesses, except on the trial of a Slave.

CHAP. VIII.
An Act prescribing the Method for proving Book-Debts.
I. WHEREAS the trade of merchandise in this colony, is chiefly carried on by retail, and goods, wares, and merchandises, are generally delivered to those that buy them, by the retailer himself: and it very frequently happens, that no body is privy thereto but the buyer and seller, so that in many cases there may be a defect of legal evidence to charge such buyer, and by that means a fair trader may sometimes be hindered from recovering a just debt: And forasmuch as no law now in force doth determine what shall be lawful evidence in such cases, and many disputes and difficulties in the several courts of this colony do frequently arise thereupon, and different notions and opinions prevail; and although allowing the plaintiff in all cases, to prove his debt by his own oath, may have been attended with great inconveniences, & occasioned frequent perjuries, yet on the other hand, it may be necessary
Preamble.

===========================================================

328

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
for the support of trade, in such a course of dealing, to allow the plaintiff's book, proved by his own oath, to be given in evidence:
      II. Be it therefore enacted, by the Lieut. Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That where ever any person or persons hath bro't, or hereafter shall bring any action of debt, or upon the case, & therein hath declared, or shall declare, upon an emisset, or indebitatus assumpsit, for goods, wares; or merchandises, by him sold and delivered to any other person or persons, and upon the trial of such action, shall declare, upon his corporal oath, or solemn affirmation, as the case may be, that the matter in dispute is a store account, and that he hath no means to prove the delivery of the goods therein contained, or any of them, but by his store-book, in that case such book shall and may be given in evidence upon the trial, if he shall make out by his own oath, that such book doth contain a true account of all the dealings between him and the defendant from the beginning, or the last settlement of accounts between them; and that all the articles therein charged, were bona fide delivered; and that he hath given all just credits due to the defendant in such account, and such book and oath shall be admitted and received as good evidence, for any of the articles for goods delivered within eighteen months before the same action brought, but not for any article of a longer standing: And where the person who delivered the goods, wares, or merchandises, shall die, his executors or administrators may give his store-book in evidence, upon his or their making oath, that there are no witnesses to his or their knowledge, capable of proving the delivery of the goods or merchandises therein mentioned; and that he or they found the book so stated, and don't know of any credit to be given; and such book and oath shall be admitted and received as evidence, for any of the articles for goods delivered, within the time aforesaid. Book debts, how proved.


















Book of a dead person, evidence.
      III. Provided nevertheless, That the defendant shall be at liberty to contest the plaintiff's evidence, and to oppose the same by other legal evidence: And where the defendant shall be an executor or administrator, his testator or intestate's book, shall and may be given in evidence against the plaintif's book, where the plaintiff is an executor or administrator. But may be opposed by other evidence.

===========================================================

329

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      IV. Provided also, and be it further enacted, That no book of accounts, although the same may be proved by any witness or witnesses, shall hereafter be admitted or received in evidence in any action, for any money due for wares, goods, or merchandises hereafter to be delivered, or for work hereafter to be done, above three years, before the same action brought; except in case of a merchant residing in Great-Britain, or in other parts beyond the seas, or where the accounts shall be stated, settled, and signed by the parties. Limitation of evidence in an open account.
      V. Provided nevertheless, and be it further enacted, That for the recovery of any debt now due for goods, wares, and merchandises, heretofore delivered, the plaintiff within eighteen months from the passing this act, shall be allowed to give his store-book in evidence, being proved by his own oath, in the manner before directed; and in case of executors or administrators, the like evidence shall be admitted and received, as is before directed, for the recovery of any debt hereafter to be contracted. Proviso, as to debts now due.

CHAP. IX.
An Act to amend and explain the Act, for amending the Staple of Tobacco; and for preventing Frauds in his Majesty's Customs.
I. WHEREAS, by the act made at the last session of this present general assembly, for amending the Staple of Tobacco, and for preventing Frauds in his Majesty's Customs, it was enacted, "That if any master or commander of any ship or vessel, shall take on board, or suffer to be taken on board the ship or vessel, whereof he is master, any tobacco brought from any other place, than some or one of the public warehouses therein after mentioned, or any hogshead, case, or cask of tobacco, not stamped by some lawful inspector; or shall suffer to be brought on board any tobacco whatsoever, except in hogsheads, casks, or cases stamp'd, as aforesaid, every such master or commander, shall forfeit and pay twenty pounds of lawful money, for every hogshead, cask, or case of tobacco, which shall not have been brought from one of the said public warehouses, or which shall not be"
Preamble.

===========================================================

330

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
"stamped as aforesaid: And every hogshead, cask, box, chest, or case, or other package or parcel of tobacco, which shall be taken on board any ship or other vessel, shall be forfeited."
      II. And whereas the penalty inflicted by the said act for tobacco taken on board such ships or vessels, in bulk or parcels, is judged insufficient effectually to prevent that evil:
      III. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the master or commander of any ship or vessel, wherein any parcel or bulk of tobacco shall be found, shall, over and above the forfeiture thereof, forfeit & pay twenty shillings current money, for every hundred pounds weight of such tobacco, & so proportionably for a less quantity, which shall be found on board his ship or vessel; one moiety thereof to the king, his heirs and successors, to be applied towards defraying the expence of the execution of the said act; and the other moiety to the informer: To be recovered, if it doth not exceed five pounds, before any two justices of the peace of any county near to the ship; and if it exceeds five pounds, in any court of record, by action of debt, wherein the plaintiff shall recover his costs: And moreover, any justice of the peace of any county, near the place where any ship or vessel shall ride, upon application to him made by any person, suspecting bulk or parcel tobacco to be on board such ship or vessel, shall, and is hereby impowered and required, to issue his warrant, directed to the sheriff or any constable of his county; and the sheriff or constable, shall have full power and authority, to enter and go on board such ship or vessel, and to search for, and seise such tobacco; and the same being seised, shall be brought on shore, and carried before the same or any other justice, who shall cause the same to be immediately weighed, and burnt by such sheriff or constable. And if any master or commanding office of such ship or vessel, or any other person, shall resist the office in the execution of any such warrant, every such master or commanding officer, shall forfeit and pay the sum of fifty pounds; and every such sailor or other person so resisting, shall forfeit and pay ten pounds current money; to be distributed and recovered as aforesaid. Additional penalty for taking on board tobacco in bulk, &c.

===========================================================

331

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      IV. And whereas, doubts have arisen upon the construction of that part of the said act of assembly, which relates to the water-bearing of tobacco to the warehouses, whether the water-bearing tobacco thereto, in bulk and parcels, be not thereby absolutely prohibited: It is hereby declared, That nothing in the said act contained, was meant or intended, or shall be construed to prohibit any person or persons whatsoever, from carrying or causing to be carried to such warehouses, in any boat or other vessel, any tobacco in bulk or parcels, for the paiment of his, her, or their levies, debts, or other duties. Former act explained.
      V. And whereas, by the said act, public warehouses were appointed to be built and established at Quantico, upon Robert Brent's land, and Great Hunting Creek, upon Broadwater's land, in Prince William County, under one inspection; and houses were built accordingly on Brent's land, which have been since burnt; but Broadwater's land being found very inconvenient, no house was built there, pursuant to the said act, but a warehouse in the room of it, was built upon Simon Pearson's land, upon the upper side of Great Hunting-Creek; and in the room of the warehouse upon Brent's land, a warehouse has been since built at the head of Quantico, upon Richard Brit's land: Be it therefore enacted, That the said warehouse upon Brit's land, be hereby established, and shall be accounted public warehouses within the meaning of the said former act; any thing therein to the contrary thereof, notwithstanding. And that for the ease of the inhabitants of the said county of Prince William, another warehouse shall be built, according to the directions of the said former act, at Pohick, upon Mr. Dennis M'Carty's land; and the same shall be likewise established as a public warehouse. And be it also enacted, That one other public warehouse be established upon Mr. John Bolling's land, in the county of Henrico, opposite to Appomatox-Point, at Col. Bolling's, to be added to that inspection; and that the houses already built there, shall be made use of, for that purpose; and the rent thereof settled by commissioners, according to the directions of the said act. New warehouses.
      VI. And be it also enacted, by the authority aforesaid, That all tobacco, which after the tenth day of Two inspectors to each warehouse.

===========================================================

332

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
November next, shall be brought to any public warehouse, by this or the afore-recited act appointed, shall be viewed by two inspectors, to be qualified and appointed for every warehouse, in such manner as the said act doth direct; and the same shall be viewed, examined, weighed, and stamped, or burnt, accordingly; except the warehouses hereafter mentioned, which shall be under one inspection, and attended by two inspectors only, (that is to say,) the warehouse at Appamatox-Point, in Prince George, and the warehouse in Henrico county, opposite to it, under the same inspectors: And the warehouses at Roy's, in the county of Caroline, and Gibson's in the county of King George, under the same inspectors: At Corotoman, and the widow Davis's, in Lancaster county, under the same inspectors: At the Capitol landing and College landing, in Williamsburg, under the same inspectors. But if the said two inspectors, shall at any time, disagree in their judgment, concerning the quality of any tobacco brought for their inspection, to any warehouse under their charge, they shall, without delay, or as soon as conveniently may be done, call from the next adjacent warehouse or inspection, another inspector, who shall determine the difference, and pass or reject such tobacco; and one of the inspectors differing in opinion, shall attend at the warehouse from whence that inspector was called, until the inspector so called, shall return back to his duty at the other warehouse. And that when any inspector shall bring his own tobacco to the warehouse whereof he is an inspector, the same shall not be passed, or stamped, unless it be first viewed, examined, and found good, and qualified as aforesaid, by the other inspector there attending, and by one or both of the inspectors, as the case shall require, from the next adjacent warehouse; any thing in the said act of assembly to the contrary hereof, notwithstanding.




Exception.
      VII. And be it further enacted, by the authority aforesaid, That notes under the hands of the said inspectors, for tobacco brought to any inspection, for the discharge of any public or private debt or duty, shall be current, and paiable, according to the directions of the said act, without sealing or stamping: And that the said inspectors be obliged to make every hogshead of tobacco, by them paid away, in discharge of any notes by them Currency of tobacco notes.


Weight of hogshead tobacco.

===========================================================

333

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
given as aforesaid, to contain eight hundred pounds weight of nett tobacco, at the least.
      VIII. And whereas in and by the before mentioned act, it is enacted, that from and after the first day of August, which should be in the year of our lord, one thousand seven hundred and thirty one, all tobacco whatsoever, which should be due and paiable for any public, county, or parish levies, and tobacco for discharging any quit rents, or secretary's, clerks, sherifs, surveyors, or other officers fees, should be first inspected, according to the directions of the said act, and paid by the person or persons from whom such debts and duties should be due and owing, at some or one of the warehouses therein mentioned, for the respective allowances therein expressed, and particularly settled and enumerated; and some doubts and disputes have been raised thereupon, how those allowances ought to be made: For settling the same, and preventing the like for the future, Be it enacted and declared, That for all tobacco paid in discharge of quit-rents, secretary's, clerks, sherifs, surveyors, or other officers fees, according to the directions of the said act, the allowances therein mentioned, be made, and deducted out of every hundred charged upon the person paying; and for all tobacco paid for public, county, and parish levies, the payer shall be allowed the same that is levied upon every tithable, in the county, and parish, for convenience. Allowance for inspectors notes.
      IX. And whereas, in and by the said act, it is enacted, that if any inspector shall stamp any hogshead, case, or cask of tobacco, which shall be found to contain any bad or unsound tobacco, or trash, or not well packed, every inspector so stamping such hogshead, case, or cask of tobacco, shall forfeit and pay for every hogshead, case, or cask of tobacco so stamped, the sum of ten pounds of lawful money; by reason of which penalty, some inspectors are too scrupulously nice, in passing transfer-tobacco, lest when they are to pay it away, it should be condemned, on a review, by three justices; in which case, they are not only liable to the same penalty, but by a further provision in the said act, the said tobacco is to be burnt: And it being judged, that the inspectors oath, and the loss of tobacco, if condemned, and the obligation they lie under, of making it good, are sufficient restraints on the said inspectors, to hinder them from passing bad tobacco, Be it enacted, Part of former act repealed.

===========================================================

334

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
by the authority aforesaid, That the said penalty of ten pounds by the said act inflicted, be from henceforth repealed and made void.
      X. And forasmuch as the salaries allowed to the inspectors, by the said act of assembly, are found by experience to be too high, and very unequally settled, with respect to the merit of their respective services, very great quantities of tobacco being brought to some inspections, and but small quantities to others; and yet those inspectors who have little business to do, and are at small expence in keeping servants to attend the same, receive an equal salary with the other inspectors who have much more business, and are at greater expence of servants, besides their own labour: To the end the salaries or allowances to the inspectors may be settled on a more equal footing, Be it enacted, by the authority aforesaid, That the said act of assembly, for so much thereof as directs the salary or allowance of sixty pounds per annum, to be paid to each inspector, be from and after the said tenth day of November, repealed and made void: And to each and every of the inspectors to be continued or appointed, by virtue of this act, there be allowed and paid as followeth, (to wit,) Salaries of inspectors altered,
      To each inspector, in Henrico county, at Warwick, fifty pounds per annum, at Shockoe's, the same; at Bermuda-Hundred, forty pounds per annum; at Col. Randolph's, thirty pounds per annum.
      In Prince George's county, at Appomatox-Point, and the warehouse opposite to it, fifty pounds per annum; at Col. Robert Mumford's, forty pounds per annum; at Powel's Creek, thirty pounds per annum; at Merchants Brandon, the same.
      In the county of Surry, at Cabbin Point, fifty pounds per annum; at Gray's Creek, thirty pounds per annum.
      In the county of Isle of Wight, at Warwicksqueak-Bay, thirty pounds per annum; at Wainwright's, forty pounds per annum.
      In the county of Charles City, at Swineherd's forty pounds per annum; at Soan's the same.
      In the county of Nansemond, at Lawrence's, forty pounds per annum; at the widow Constance's the same; at Sleepy Hole, the same.
      In the county of Norfolk, at Norfolk town, thirty pounds per annum.
Salaries of the several inspectors,

===========================================================

335

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      In the county of Princess Anne, at Kemp's landing, thirty pounds per annum.
      In the county of Elizabeth City, at the town of Hampton, thirty pounds per annum.
      In the county of Warwick, at Warwick town, thirty pounds per annum.
      In the county of York, at Roe's storehouse, thirty pounds per annum; at the Capitol and College landings, fifty pounds per annum; at the town of York, forty pounds per annum.
      In the county of James City, at Hog-Neck, thirty pounds per annum.
      In the county of Gloucester, at Gloucester town, forty pounds per annum; at Deacon's Neck, the same; at Poropotank, thirty pounds per annum.
      In the county of Hanover, at Crutchfield's, sixty pounds per annum; at Mr. Meriwether's thirty pounds per annum.
      In the county of King and Queen, at Todd's, fifty pounds per annum; at Mantapike, forty pounds per annum; at Shepherd's, fifty pounds per annum.
      In the county of King William, at Aylet's, fifty pounds per annum; at Quarles's, thirty pounds per annum; at Williams's, forty pounds per annum.
      In the county of New Kent, at Chamberlayne's, forty pounds per annum; at Taskanask, thirty pounds per annum.
      In the county of Middlesex, at Urbanna, thirty pounds per annum; at Kemp's, forty pounds per annum.
      In the county of Essex, at Hob's-Hole, forty pounds per annum; at Bowler's thirty pounds per annum; at Layton's, thirty pounds per annum.
      In the county of Richmond, at Naylor's-Hole, fifty pounds per annum; at Totaskey, thirty pounds per annum; at Glascock's, the same.
      In the county of Westmoreland, at Maddox's Creek, forty pounds per annum; at Nominy, the same; at Yeocomico, forty five pounds per annum.
      In the county of King George, at Bray's Church, forty pounds per annum; at Falmouth, fifty pounds per annum.
      In the county of Spotsylvania, at Fredericksburg, fifty pounds per annum.

===========================================================

336

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      In the county of Lancaster, at Deep-Creek, thirty pounds per annum; at Corotoman, and Davis's, fifty pounds per annum.
      In the county of Northumberland, at Indian Creek, thirty pounds per annum; at Wiccocomico, forty pounds per annum; at Coan, thirty pounds per annum.
      In the county of Stafford, at Boyd's-Hole, forty pounds per annum; at Marlborough, forty pounds per annum.
      In the county of Prince William, at Quantico, forty pounds per annum; at Great Hunting-Creek, thirty pounds per annum; at Pohic, thirty five pounds per annum.
      In the county of Caroline, at Roy's, and at Gibson's in the county of King George, fifty pounds per annum; and in the county of Caroline, at Conway's, forty pounds per annum.
      In the county of Northampton, at Cherrystone's, twenty five pounds per annum; at Nassawaddox, the same, at Hungar's, the same.
      In the county of Accomack, at Pungoteague, thirty pounds per annum; at Pocomoke, the same; at Guilford, the same.
      XI. And whereas, by reason, that the scales and weights for the use of the several inspections did not arrive in time, the said act of assembly could not be put in execution in most parts of the county,'til a very considerable time after the day by the said act appointed, for the inspectors to begin their attendance at the warehouses; by means whereof, the time limited by that act, for the people to bring their tobacco to the said houses, will not be sufficient for that purpose, this present year: Be it therefore enacted, That the inspectors, and every of them, shall and do, from and after the last day of June, one thousand seven hundred thirty and two, continue to attend the several warehouses under their charge, 'til the sixteenth day of August thence next ensuing; and if any tobacco shall then remain in any of the said warehouses to be inspected, they shall afterwards continue 'til the same shall be inspected. Inspectors, to attend, in the year 1732, till 16th August.
      XII. And whereas the commissioners, in divers parts of this colony, for putting in execution that part of the       Commissioners to provide

===========================================================

337

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
said act, which directs the erecting of public warehouses, and wharfs, for the uses and purposes therein mentioned, have, by a misconstruction of the said act, failed to direct the erecting and fixing of necessary prises in the said warehouses, and also cranes to the wharfs, belonging thereto; and sundry other conveniences necessary for putting the said act in execution: Be it enacted and declared, That the said commissioners have power, and are hereby required, to cause such prises, cranes, and conveniences to be erected and fixed, and to cause the said warehouses to be double covered, or otherwise made tight, where it is not already done; and where the same has been provided and done at the charge of the inspectors, the expence thereof, in both cases, shall be deducted out of the rents, if the commissioners think it reasonable; and where they think the rents not sufficient to bear it, they shall increase the same, so as to make a reasonable allowance. all necessaries at warehouses.
      XIII. And for explaining the duty of inspectors in several particulars: Be it further enacted, That when any prised tobacco shall be brought to any public warehouse, in order to be shipped on freight, and the inspectors there attending shall refuse to pass such tobacco, unless such as shall be bad and unmerchantable be picked and separated from the rest; in such case, the said inspectors shall permit the owner or other person bringing such tobacco, to make use of one or more of their prises for the repacking and prising such tobacco; and if there shall be several hogsheads of tobacco, belonging to several owners, to be packed, re-packed, and prised, at any public warehouse, the owner or other person brining the same, whose tobacco shall be first viewed and refused, shall be first permitted and allowed to make use of such prise or prises; and the same rule shall be observed in the prising all tobacco which shall be picked, re-packed and prised by the owner thereof, or the servant or slaves to him belonging, there shall be paid to the inspectors thereof, only three shillings for stamping; and for all tobacco re-packed and prised by the inspectors, five shillings for each hogshead. And no inspector shall hereafter take, or convert to his own use, or otherwise dispose of, any draughts or samples of freight or crop tobacco; but the same (if Duty of inspectors.

===========================================================

338

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
fit to pass) shall be put into the hogshead out of which the same was drawn, under the penalty of forfeiting twenty shillings for every draught so taken away, contrary to the directions of this act: To be recovered before any justice of the peace, of the county wherein such offence shall be committed. And if any person to whom a receipt for crop tobacco shall be assigned, shall be desirous to alter the mark, it shall be lawful for such person so to do; and the said inspectors shall permit and suffer the same to be done; and the said inspectors shall keep a waste book, in which shall be entred the marks and numbers of all tobacco hogsheads received by them; and likewise another book, in which shall be entred the marks and numbers of such tobacco hogsheads, when the same shall be delivered out by them: And if any inspectors notes or receipts be casually lost, mislaid, or destroied, the person or persons so entitled to receive the tobacco, by virtue of any such note or receipt, shall make oath before a justice of the peace, of the county where the same is paiable, to the number or date of every such note and receipt, to whom and where paiable, and for what quantity of tobacco the same was given, and that such note or receipt was lost, mislaid, or destroied, and that he, she, or they, at the time such note or receipt is lost, mislaid, or destroied, was lawfully entitled, and how, to receive the tobacco therein mentioned; and shall take a certificate from such justice thereof; and upon producing a certificate of such oath made, to the inspectors, who were to pay or deliver the tobacco in such note or receipt mentioned, and lodging the same with them, they shall be, and are hereby directed and obliged, to pay to the person obtaining such certificate, the tobacco for which any such notes or receipts were given; (if the same or any part thereof, shall not have been before by them paid by virtue of the said notes or receipts;) and shall be discharged from the paiment of the notes, or delivering tobacco on the receipts therein mentioned; and in that case, if any person shall be convicted of making a false oath, or producing a forged certificate, he shall forfeit and pay twenty shillings for every hundred pounds weight of tobacco contained in such certificate: to be recovered, with costs, in any court of record, in this his majesty's colony and dominion, by action of debt, or information; one moiety whereof shall be to our sovereign lord Penalty, for false oath of loss of tobacco note




===========================================================

339

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
the king, his heirs and successors, and the other moiety to him or them who will inform, or sue for the same; and shall suffer such corporal punishment, as the court before whom the cause shall be tried shall think proper to inflict; and moreover, shall be subject to all the penalties of perjury, in a court of record.
      XIV, And for removing all controversies which may arise, touching the allowance to be made by the inspectors for cask, Be it enacted and declared, That for all tobacco brought in good sound cask, and of the lawful gauge, there shall be paid and allowed by the inspectors there attending, after the rate of four pounds of tobacco for every hundred pounds the tobacco therein shall weigh, after the same shall be viewed and passed, so as such allowance do not exceed thirty pounds of tobacco for each hogshead. Allowance for cask.
      XV. And whereas, in and by the afore mentioned act, it is directed, the inspectors shall, with every sloop or boat load of tobacco, send a list of the marks, numbers, gross weight, and tare, of every hogshead of tobacco to them delivered, to be given to the master of the ship or vessel, on board of which the same shall be put; which said lists are by the said master to be delivered to the naval officer. And whereas it may happen, that the ship in which such tobacco was intended to be put, may be so full as not to be able to stow all the tobacco contained in such list: Be it enacted, That it shall and may be lawful, to ship the said tobacco, or any part thereof, on board any other ship or ships, where the owner thereof shall think fit; the masters of such ships endorsing on said lists, the marks and numbers of the respective hogsheads by them taken on board, and giving notice to the inspectors of the warehouse from whence the same was brought; or if there by no ship to receive the said tobacco, then it shall and may be lawful for the master of that ship or vessel, to put the said tobacco into the nearest public warehouse, to the place where such ship shall ride, giving immediate notice thereof to the inspectors who stamped the same; and the inspectors at that warehouse where such tobacco shall be delivered, shall give a receipt for the same, and shall cause the said tobacco to be safely lodged and delivered to the order of the owner thereof, whenever he or she shall think fit to ship it off; and that without fee or reward. Regulations, as to transporting tobacco by water.

===========================================================

340

LAWS OF VIRGINIA, MAY 1732−−5th & 6th GEORGE II.


   
      XVI. And whereas, divers of the warehouses appointed in the Northern Neck, have been either casually or maliciously burnt, with considerable quantities of tobacco therein, for which the inspectors have given receipts, or promissory notes; and it being intended that the loss of such tobacco shall be made good to the persons claiming the same, at the public charge: Be it enacted, by the authority aforesaid, and it is hereby enacted, That none of the inspectors of the warehouses so burnt or destroied, shall be sued or molested, for or by reason of any promissory notes by them given for any tobacco, which hath been or shall be burnt in the said warehouses, or in any other public warehouse; but shall be altogether acquitted and discharged, of and from the paiment of such tobacco, in the said receipts or notes contained; any thing in the said first mentioned act to the contrary hereof, in any wise, notwithstanding. Warehouses burnt, inspectors indemnified.
      XVII. Provided nevertheless, That the inspectors who are allowed for burnt tobacco, in the book of claims of this session, shall pay the same to those who sustained the loss, in proportion thereto.

===========================================================

  Pages 309-325  ======   ======  Pages 340-356

===========================================================