|Pages 124-141||Pages 160-181|
|XXXV. And be it further enacted, by the authority aforesaid, That public warehouses for the inspection of tobacco, pursuant to this act, shall be kept at the several places herein after mentioned; that is to say, in the county of Accomack, at Pitt's landing, upon Pokomoke,||Warehouses established.|
|and at Guilford's, where the warehouses are now kept, under one inspection. At Pungoteague, in the same county, and Nasswaddox, in Northampton county, where the warehouses are now kept, under another inspection. In the county of Caroline, at Conway's and Roy's. In the county of Charles City, at Swinherd's; and upon the land of Mr. Richard Kennon, where the warehouses are now kept. In the county of Elizabeth City, at Hampton, upon Mr. Miles's lot. In the county of Essex, at Bowler's; and on Piscataway creek, where the warehouses now are, under one inspection. At Hobb's Hole, at Layton's, and on Occupalia Creek, on the land of James Garnet, where Robert Jones formerly dwelt, under one inspection. −− In the county of Gloucester, at Gloucester Town; at Eastermost River; at Deacon's Neck; and at Poropotank, where the warehouses are now kept. In the county of Hanover, at Crutchfield's, upon Mr. Page's land; and at Meriwether's. In the county of Henrico, at Warwick, and at Shockoe's, where the warehouses are now kept. And at Bermuda Hundred, and Turkey Island, where the warehouses are now kept, under one inspection. In the county of Isle of Wight, at Wainwright's; and on Smith's land, on the east side of Pagan Creek, under one inspection; and at Warwicksqueak Bay. In the county of King and Queen, at Shepherd's, and Thomas Turner's, under one inspection; at Mantapike, and Walker Town, on the lot of Mr. John Walker, under another inspection; and at Todd's. In the county of King William, at Aylett's Quarles's, and Williams's. In the county of King George, at Bray's Church, Falmouth; and upon Jonathan Gibson's land, where the warehouses are now kept; and on Mr. George Morton's land. In the county of Lancaster, at Davis's, and Shelton's, under one inspection; at Dimer's, upon Hadway's Creek, in the same county; and Indian Creek in the county of Northumberland, under another inspection; and at Deep Creek. In the county of Middlesex, at Kemp's, and Urbanna, where the warehouses are now kept. In the county of Norfolk, at Norfolk Town, upon the Fort land; at the great Bridge, on Mr. Samuel Boush's; and at Kemp's Landing, in the county of Nansemond, at Sleepy Hole, Lawrence's, and Constance's. In the|
|county of Northampton, at Cherrystone's and Hungar's, under one inspection. In the county of New Kent, upon the land of Richard Littlepage; at the Brick House, upon Col. Basset's land; and at Hog Neck, in the county of James City, upon Col. Bray's land, under one inspection. In the county of Northumberland, at Wiccocomico; and at Coan, where the warehouses are now kept. In the county of Prince George, at Bolling's Point; and John Bolling's, in Henrico, under one inspection, at Maycock's; and at Jordan's, upon Mr. Bland's land; under another inspection. In the county of Fairfax, on both sides of Occoquan, where the warehouses now are, under one inspection; at Hunting Creek; and on the land of the Honourable Thomas Lee, Esquire, at the Falls of Patowmack. In the county of Prince William, at Quantico. In the county of Richmond, on Rappahannock Creek, near the mouth, on Mr. Fantleroy's land; and on Mr. Beckwith's land, near the bridge over the same creek, under one inspection; and on Totaskey Creek, on the land of Mr. Brokenbrough; and on the land of Mr. Hornby, where the warehouses are now kept; and on the land of John Carter, Esquire, under one inspection; and at Glascock's, where the warehouses are now kept. In the county of Surry, at Cabbin Point; and at Gray's Creek, where the warehouses are now kept. In the county of Stafford, on Patowmack Creek, upon Cave's land; and at Boyd's Hole, where the warehouses are now kept; and at Ocquiah. In the county of Spotsylvania, at Fredericksburg, where the warehouses are now kept; and on Royston's lots, in the said town. −− In the county of Warwick, at Denbigh, where the warehouses now are. In the county of Westmoreland, on both sides of Nominy, upon Spence's land; and on both sides of Mattox, upon Washington's, and Martin's land; at Yeocomico, where the warehouses now stand; and at Rust's Landing, on the same river, under one inspection. In the county of York, at Roe's; at York town; and at the Capitol landing, and at the College Landing, in James City county, where the warehouses are now kept, under one inspection.|
|XXXVI. And there shall be paid to the several inspectors appointed to attend, and attending the said several warehouses, the salaries herein after mentioned; that is to say, to each of the inspectors.||Inspectors salaries.|
|XXXVII. And be it further enacted, That the rents of the several warehouses hereby established, shall be, and they are settled, at the following rates:||Rents of warehouses,|
|And at all the other warehouses, there shall be paid, and allowed for the rents of the same, eight pence for every hogshead of tobacco that shall be received, inspected, and delivered, out, at such warehouses, respectively.|
|XXXVIII. Provided always, That where wharfs are, or shall be necessary to be built, or kept in repair, at any of the said warehouses; and the rents hereby established, are not sufficient for building, and keeping in repair such wharfs: Or where any new warehouses shall hereafter be built, in pursuance of this act, and the rent hereby established, shall not be proportionable to the expence of such building; in both the said cases, such further allowance shall be made by the General Assembly, as shall be thought reasonable. And the rents aforesaid, together with the inspectors salaries, shall be paid and allowed, by the treasurer, to the several inspectors, upon the passing their accounts. And the inspectors shall pay the rents to the persons entitled to receive the same, out of the money received by them, for inspecting tobacco. And if the money received, by any inspectors of any of the warehouses aforesaid, shall not be sufficient to pay the salaries and rents aforesaid, and the other incident charges, in this act mentioned; such deficiency shall be made good out of the general fund, arising by the profits of the other warehouses. And if that shall prove deficient, then the said|| Provision where rents are insufficient.
Rents & salaries, how paid.
|salaries, rents, and charges, shall be paid and satisfied out of any other public money in the hands of the treasurer, for the time being.|
|XXXIX. And be it further enacted, That where warehouses are already built, at any of the places herein before mentioned, and appointed for keeping the same, and are now made use of, as and for public warehouses, the proprietors and owners of such warehouses shall be, and they are hereby obliged to lett the same to the inspectors, during the continuance of this act, at the rent hereby established for such warehouses respectively: And if any proprietor or owner shall refuse so to do, he shall forfeit and pay one hundred pounds. And where warehouses are not already built at any of the places aforesaid, or where any new warehouse shall be hereafter appointed to be kept at any other place, it shall and may be lawful for the justices of the court of that county, wherein such place is, or shall be, and they are hereby required, to cause the owner or proprietor of the land, where such warehouses are or shall be appointed to be kept; and in case such owner or proprietor be under age, feme covert, or out of the country, then the guardian, husband, or known attorney (as the case is) of such owner or proprietor, to be summoned to appear before them, at the next succeeding county court, after such summons shall issue, there to declare whether they will undertake to erect and build such houses, wharfs, and other conveniences, as the said court shall think fit to direct, and lett the same to the inspectors appointed to attend at such warehouses, at the rent settled by this act, or which shall hereafter be settled for the same. And in case such owner or proprietor will undertake the same, then the said court shall, and they are hereby required to take a bond, with one sufficient security, in a reasonable penalty, paiable to his majesty, his heirs and successors, with condition for the due performance of such undertaking. And in case such or proprietor shall refuse to undertake the same, or to give such bond, as aforesaid; then it shall and may be lawful for the said justices, and they are hereby required, to value an acre of the said land, for the use aforesaid; and to agree with any person or persons, for erecting and building thereon, such houses, wharfs, and other conveniences, as shall be necessary; And to take bond,|| Owners of warehouses compelled to rent them. |
Proceedings where the owner of land intends to build.
Where he refuses.
|with good security, from such person or persons, for performing such agreement, and letting such land and houses to the inspectors, at the rent settled, or to be settled, in pursuance of this act. And the person or persons with whom such agreement shall be made, upon paying or tendering to the owner or proprietor of the said land, the money at which the same shall be valued, as aforesaid, and building thereon, according to his or their agreement, shall, from thenceforth, have an estate in fee simple in such land, during the time such place shall be made use of, for a public warehouse. And in case the proprietor of the said land, or any other person, will not build such houses, wharfs, and other conveniences, on the said land, and lett the same to the inspectors, at the rent settled, or to be settled, as aforesaid; in that case, it shall and may be lawful, to and for the said justices, and they are hereby required, to pay or tender to the proprietor of the said land, the value thereof, according to the valuation before mentioned, and to cause to be built thereon, such houses, wharfs, and other conveniences, and to levy the charge thereof, upon the inhabitants of their county; and shall take and receive the yearly rent established or to be established, in pursuance of this act, for reimbursing the county the charge of purchasing the said land, and building thereon: And from thenceforth the justices of the said county, for the time being, shall be seised in fee of the said lands, in trust, and for the use of the said county, during the time the said place shall be made use of, for a public warehouse. And where justices of any county court, or any other person or persons, have already built warehouses upon the lands of another person, by virtue, or in pursuance, of the laws now in force, the said justices, or other person or persons shall, in like manner, be seised in fee of the acre of land, upon which such warehouses are built, so long as the said places respectively, shall be made use of, for public warehouses. But if any of the places whereon warehouses are, or shall be built, by the justices, or other persons, not proprietors, as aforesaid, shall hereafter happen to be discontinued, the proprietor of the land, returning the price paid for the same, shall be from thenceforth seised of his former estate.||Warehouses discontinued,|
|XL. Provided always, That where any warehouses have been, or shall be built, by the justices, or other||How owner restored to his former estate,|
|person as aforesaid, and the first proprietor of the land shall desire to have the same again; such proprietor, upon paiment of so much money, as shall be sufficient to reimburse the said justices, or other person, the principal money expended, on the building such warehouses, with lawful interest, shall be restored to his former estate, in the land whereon such warehouses are built; and shall receive the rents afterwards growing due, for such warehouses.|
|XLI. Provided also, That nothing herein contained, shall be construed to give power to the said justices, to take away the houses, orchards, or other immediate conveniences, of any proprietor of land, for the uses or purposes aforesaid; nor to the said inspectors to keep any horses, cattle, or hogs, at any of the said public warehouses, except in inclosures, upon the land appointed for such warehouses. And if any swine, belonging to the said inspectors, or any of them, shall be found at large, upon the land appropriated for such warehouses, or the lands adjoining thereto, it shall and may be lawful, for the proprietor of the land on which the said warehouses are placed, to kill, or cause to be killed or destroyed, all such swine.|| Houses, orchards, &c. not to be taken. |
Hogs, how kept.
|XLII. And the justices of the peace of the several counties, in their county courts, shall, and are hereby declared, to have full power, to put in execution, so much of this act, as relates to erecting and building of public warehouses; and to regulate all matters concerning the same, and to direct the building and repairing of such houses, wharfs, prizes, cranes, and other conveniencies, from time to time, as to them shall seem necessary and expedient; and in case the owner or proprietor of any warehouse, shall refuse or neglect to make such buildings, repairs, wharfs, prizes, cranes, and other conveniences, as shall be directed by the said county courts, it shall and may be lawful, for the said courts to direct the same to be done, at the charge of the county: And the justices of such county, shall receive a proportionable part of the rent, for the use of the county. And if any difference shall arise between such owners, and the justices, touching the proportion, the same shall be determined by the governor and council. But if there shall happen to be an immediate occasion to hire houses, before others can be built, as aforesaid; the rent of such houses shall be paid by|| Power of justices in relation to warehouses. |
Penalty on justices for neglect of duty.
|the county, and be again repaid by the public, without any charge upon the landlord. And if upon the application of the inspectors to their county courts for building making other necessary houses, wharfs, and repairs, such county courts shall refuse or fail to do their duty therein; every justice so failing or refusing, shall forfeit and pay one thousand pounds of tobacco: To be recovered in the general court, with costs, by action of debt, or information, against such justices jointly.|
|XLIII. And be it further enacted, That if any of the warehouses herein before mentioned, shall happen to be burnt, the loss sustained thereby, shall be made good and repaired to the several persons injured, by the General Assembly, at the next session after such loss. And in case of such accident, no inspector shall be sued or molested, for or by reason of any promisory notes or receipts by them given, for any tobacco burnt in the said warehouses; but shall be altogether acquitted and discharged of and from the paiment of the tobacco in such notes or receipts mentioned: any thing herein before contained to the contrary, notwithstanding.||Loss by fire made good by General Assembly.|
|XLIV. And be it further enacted, by the authority aforesaid, That there shall be kept at every one of the said warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales, with weights to weigh twelve hundred pounds at the least, and a set of small weights, the same that are or ought to be provided for the standard weights of each county. And where such scales and weights are not already provided, or now are or shall hereafter be worn out, or become unfit for use, the justices of the respective county courts wherein any of the said warehouses are or shall be, are hereby directed and required to provide the same, with all convenient speed: And the treasurer of this colony, is hereby impowered and required to pay the purchase money, out of the public money in his hands. And moreover, the said justices are hereby required and directed, once in every year at the least, to appoint one or more of their number, to view the said scales, and examine and try the weights, at the several warehouses, by the standard weights of the county. And if the said scales and weights shall want repairing, or the weights be found deficient, or differing from the lawful standard,|| Weights and scales. |
|the said justices shall cause the same to be repaired and amended, and the weights made conformable to the standard. And the charge of repairing and amending the said scales and weights, and also of trying the same with the standard, as aforesaid, shall be paid by the inspectors, respectively; and be again allowed to them, in their account with the treasurer.|
|XLV. And, for preventing the clandestine transportation of bad and unmerchantable tobacco from this colony, to the provinces of North Carolina and Maryland; and also for the better preventing the exportation of tobacco in bulk or parcels, Be it further enacted by the authority aforesaid, That no tobacco whatsoever, of the growth or production of this colony, shall during, the continuance of this act, be transported or carried into either of the said provinces of North Carolina, or Maryland, either by land or water until the same hath been first viewed, examined and stamped, at one or other of the warehouses appointed, or to be appointed, in pursuance of this act; nor until due entry thereof shall be made with the officers of the customs in the district wherein the owner of the said tobacco shall reside; and a permit obtained from them for that purpose. And if any person or persons shall presume to carry or transport, or cause to be carried or transported, any tobacco not inspected and stamped, or without having obtained such permit as aforesaid, to either of the said provinces, of North Carolina, or Maryland, he or they so offending, shall forfeit and pay five pounds for every hogshead, cask, or case of tobacco, and twenty shillings for every hundred pounds of tobacco in bulk or parcel, so transported or carried out, contrary to the directions of this act.||Penalty for carrying into North Carolina or Maryland.|
|XLVI. And be it further enacted, That all sherifs, under sherifs, and constables, who shall be in office on the tenth day of November next, shall at the first court to beheld for their respective counties, after the said tenth day of November, take an oath, that if they shall at any time know, or be credibly informed, or have good reason to suspect, that any tobacco is pressed or packed in any cask, case, chest, or other package whatsoever; or any tobacco is put on board any boat or vessel, in order to be shipped off, without being inspected: or that any tobacco is carrying or carried out of this colony, in to Carolina or Maryland, without a||Oaths to be taken by sheriffs and constables.|
|permit for so doing, they will forthwith make information, and a particular discovery thereof, to the next justice of the peace of the county where such tobacco shall be. And that all sherifs, and under sherifs respectively, which shall, after the said tenth of November, be appointed or sworn unto the said offices, shall at the time of their being sworn, take the same oath, and obtain a certificate thereof: And every such officer failing so to do, shall forfeit five pounds current money, to the informer; to be recovered with costs, by action of debt or information, in any court of record, within this dominion. And every inspector and constable, shall take the same oath, at the first court held for the county where he resides, or at the same court if sworn at the county court, after he shall be sworn into his office; under the like penalty. And if any justice of the peace shall know, or be informed as aforesaid, by any of the said officers, or by any other person, upon oath, of any such tobacco, so pressed or packed, in order to be shipped off, or carried out of this colony, without being inspected, as aforesaid, such justice or by his warrant, any sheriff, under sheriff, or constable, within the limits of his county, shall have power and authority, and is hereby required, to enter any suspected houses, and to break open all doors, either by day or by night, to search for the same; and finding any tobacco pressed in any cask, chest, or case, that shall not contain two hundred pounds weight of nett tobacco, or any other package, made up in linen, cords, or spun yarn, of any weight whatsoever, such justice, sheriff, under sheriff, or constable, respectively, shall seize and destroy the same: And the person in whose possession such tobacco shall be found, shall forfeit to the informer ten shillings for every hundred pounds weight; and so in proportion for a less quantity: To be recovered, with costs, in any court of record, if it be twenty five shillings current money, or more; or if under that sum, before any justice of the peace of the county where the fact shall be committed: And such justice shall and may issue an execution, either against the body or goods of the offender accordingly; any law, statute, or custom, to the contrary, notwithstanding.|| |
Oaths of inspectors.
Exportation of uninspected tobacco, how prevented.
|XLVII. And any justice of the peace of any county, near the place where any ship, sloop, boat, or other||Duty of justices.|
|vessel, shall ride, upon application to him made, by any person suspecting any tobacco in bulk, or parcels, to be on board such ship, sloop, boat, or other 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 and constable shall have full power and authority, and is hereby required, to enter and go on board such ship, sloop, boat, or other vessel, to search for, and seize 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 weighted, and burnt by such sheriff, or constable. And if any master, or commanding officer of any ship, or vessel, or the skipper of any sloop, boat, or other vessel, or any other person whatsoever, shall resist the officer, in the execution of any such warrant; every such master, or commanding officer, shall forfeit and pay fifty pounds: And every such skipper, sailor, or other person, so resisting shall forfeit and pay ten pounds. And if any action shall be brought against any justice of the peace, sheriff, under sheriff, or constable, for doing any thing in execution of this act, the defendant may plead the general issue, and give this act in evidence: And if the plaintiff shall be nonsuit, or a judgment pass against him, upon a verdict, or demurrer, the defendant shall recover double costs.|
|XLVIII. And be it further enacted, by the authority aforesaid, That no person taking upon him the office of an inspector, shall during his continuance in that office, or within two years after he shall be out of his said office, be capable of being elected a member of the House of Burgesses, or shall presume to intermeddle, or concern himself, with any election of a Burgess or Burgesses, otherwise than by giving his vote; or shall endeavor to influence any person or persons to give his or their vote, under the penalty of fifty pounds, for every offence. Neither shall any inspector, during the time aforesaid, be, or undertake to be, collector of his majesty's quit-rents, or of any public, county, or parish levies, or of any officers fees; nor shall directly or indirectly, for himself or any other person, buy or receive, by way of barter, loan, or exchange, any tobacco whatsoever; under the penalty of forfeiting twenty|| Inspectors ineligible to the General Assembly. |
Penalty for interfering in elections, &c.
|shillings for every hundred pounds of tobacco so bought or received.|
|XLIX. Provided always, That nothing herein contained, shall be construed to hinder any inspector from receiving his own proper debts or rents, in tobacco, which shall be first viewed, examined, and stamped, according to the directions of this act.||Proviso.|
|L. And for the further and better direction of the inspectors aforesaid, in their duty, Be it enacted, That no inspector shall take, accept, or receive, directly or indirectly, any gratuity, fee, or reward, for any thing by him to be done, in pursuance of this act, other than his salary, and the other paiments and allowances herein before mentioned and expressed. And if any inspector shall take, accept, or receive, any such gratuity, fee, or reward; every such inspector being thereof convicted, shall forfeit and pay fifty pounds current money: To be recovered, with costs, by any person or persons who shall inform, or sue for the same, by action of debt, bill, plaint, or information, in any court of record, within this dominion: And moreover, shall be disabled from holding the place or office of an inspector, during the continuance of this act. And if any person or persons shall offer any bribe, reward, or gratuity, to any inspector, for any thing by him to be done, in pursuance of this act, other than the fees and allowances herein before mentioned and appointed; every person so offending, and being thereof convicted, shall, for every such offence, forfeit and pay the sum of ten pounds current money: To be recovered, in any court of record, within this dominion: One half of which said forfeiture, shall be to our sovereign lord the king, to and for the use of such inspector refusing such bribe or reward; and the other half to the person or persons who will inform, or sue for the same.|| Penalty on inspectors taking gratuity. |
And upon persons offering.
|LI. And be it further enacted, That when any person shall be intitled to receive a hogshead of tobacco, by virtue of any inspectors notes or receipts, the inspectors shall be obliged to open the hogshead, and shew such tobacco to the person demanding the same, if required, whether such tobacco be crop or transfer: And if such person shall refuse to accept of the tobacco offered or tendered in paiment, as bad, unsound, and unmerchantable; such person so refusing, and not accepting thereof, shall make immediate application to||Tobacco when to be reviewed,|
|any three justices, near or nearest to the warehouse at which the tobacco so refused, shall be offered or tendered in paiment, who are no ways related to the parties, nor concerned in interest: And the said justices shall take an oath, before some other justice of the said county, (which said oath such justice is hereby impowered and required to administer) carefully to view and examine the said tobacco, and, to the best of their skill and judgment, not to pass any tobacco that is not sound, well conditioned, merchantable, and clear of trash, according to the directions of this act; and that they will therein do their duty, according to their judgment and conscience, without fear, favour, affection, malice, or partiality. Which said three justices so sworn, are hereby directed, impowered, and required, upon such application, to repair to the warehouse where such tobacco shall be offered or tendered in paiment, and carefully to view and examine the same, in such manner as they shall think fit: And if any two of them shall adjudge the tobacco so tendered in paiment, to be bad, unsound, or unmerchantable, to cause the same to be immediately burnt: And for their trouble, the said three justices, who shall be present at such view, shall be paid by the inspector or inspectors who offered the same in paiment, five shillings each. And if the said justices or any two of them, shall adjudge the tobacco, so tendered or offered in paiment, to be good, sound, and merchantable, according to the directions of this act, the said justices so attending, shall be paid by the party desiring such view, five shillings, as aforesaid. And when any tobacco shall be tendered or offered in paiment, by any inspector, and refused, the said inspectors shall not be at liberty to tender or offer in paiment, nor the person demanding the same, to receive any tobacco, in lieu thereof, before such tobacco shall have been viewed, as aforesaid; but the person refusing, shall immediately mark the same. And if any inspector shall offer or tender in paiment any tobacco, in lieu of the tobacco so refused, before the same shall have been viewed, as aforesaid, or shall not produce the same tobacco so refused, to the said justices; in either case, it shall be taken for a conviction, that the tobacco first tendered in paiment, was bad, unsound, and unmerchantable; And moreover the said inspectors shall forfeit and pay|| Proceedings when on a review, the tobacco proves bad.
|ten pounds, for every such offence. And if the person, who shall refuse any hogshead of tobacco, as aforesaid, shall accept and receive another hogshead of tobacco, in lieu of that refused, before such hogshead so refused, shall be viewed, as aforesaid, he shall forfeit and pay ten pounds for every hogshead.|
|LII. And when any prized 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 prizes, for the re-packing and prizing such tobacco. And if there shall be several hogsheads of tobacco, belonging to several owners, to be picked, repacked, and prized, at any public warehouse, the owner, or other person, bringing the same, whose tobacco shall be first viewed and refused, shall be first permitted and allowed to make use of such prize or prizes; and the same rule shall be observed, in the prizing all tobacco which shall be picked, repacked, and prized as aforesaid. And for all tobacco re-packed and prized, by the owner thereof, or the servants and slaves to him belonging, there shall be paid to the inspectors thereof, only three shillings, for stamping; and for all tobacco re-packed and prized by the inspectors, five shillings, for each hogshead; and also six pence for nails, unless the proprietor shall find and provide nails. And no inspector shall take or convert to his own use, or otherwise dispose of, any draughts or samples of freight or crop tobacco, but the same (if fit to pass) shall be put into the hogshead, out of which it 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 all inspectors, if required, shall alter the mark of any hogshead of tobacco, for which they have before given a receipt; and for preventing confusion and mistakes, shall keep a waste book, in which shall be entered the marks and numbers of all hogsheads of tobacco received by them; and another book in which shall be entered the marks and numbers thereof, when the same shall be||Further duties of inspectors.|
|delivered out by them. And all inspectors, when required, shall be obliged to prize any hogshead of crop tobacco, under eight hundred and fifty pounds nett, so as to make it up that weight; but shall receive the same fee upon such hogshead, as for transfer tobacco, and may make the lawful abatements, for the tobacco prized in. And where any tobacco shall be brought to any warehouse, by the overseer of the owner thereof, the inspectors shall give notes and receipts, in the name of the owner, and not of the overseer.|
|LIII. And be it further enacted, by the authority aforesaid, That any light hogshead or parcel of tobacco, after the same shall be passed at any public warehouse, and not stamped, shall and may be delivered out by the inspectors, to the owner of their notes; and such tobacco may be carried away, for the better sorting and stemming the same; provided the person receiving such tobacco shall pay for the inspection thereof, after the rate of five shillings for every eight hundred pounds weight; and so in proportion for a greater or lesser quantity: And that such tobacco shall not be shipped off, until it shall be again inspected, passed and stamped; for which, the inspectors shall again receive the established fees, under the same penalties, as are herein before inflicted, for shipping off, and taking on board any ship, or other vessel, tobacco not inspected, viewed, and stamped, according to the directions of this act.||Light hogsheads how disposed of.|
|LIV. And be it further enacted, That the owner of any transfer notes, may, at any time, receive and mark hogsheads of tobacco, for satisfying such notes, and the inspectors shall take in their former notes, and deliver crop notes and receipts for such hogsheads, and shall be answerable for the safe keeping thereof, in the same manner as they are for crop tobacco: But the person receiving such hogsheads, shall pay to the inspectors, five shillings and six pence, for the inspection and nails, for every hogshead; that is to say, two shillings and six pence down, and three shillings when the tobacco shall be delivered out. And the inspectors shall sell all transfer tobacco, which shall not be so received and marked, before the time of holding the court of their respective counties, in the month of October, yearly, by public auction, in their county courts, respectively held in that month; and shall pay the money|| Transfer notes how converted into crop. |
When to be sold.
|arising by such sale, in satisfaction of their notes, from time to time, to the proprietors thereof making their demand; under the same penalty, as is inflicted, for not paying inspectors notes.|
|LV. And for preventing frauds that may be practised, by selling only part of such tobacco not received, as aforesaid, Be it enacted, That all inspectors at the said court held for their county, in October, shall lay before the court, an account, upon oath, of all the transfer tobacco, at that time in their hands, before the same shall be exposed to sale: And if there be no court in that month, then such inspectors shall make oath to their account, before any justice of their county and deliver the same to him; who is hereby required to return the same to the next court that shall be held for his county. And all inspectors shall keep a just and true account of the tobacco gained or saved, upon the allowances made for cask or shrinkage of transfer tobacco: And if any tobacco shall be so gained or saved, shall exhibit an account thereof, upon oath, in the same manner as is before directed, concerning transfer tobacco not received; ans shall also sell the tobacco so gained and saved, in the same manner as is directed for the sale of transfer tobacco; and shall account for the money arising by such sale, to the treasurer of this colony, for the time being, in their next account with him: And the said treasurer shall account for the same, to the General Assembly. And no inspector shall convert any tobacco so gained or saved, to his own use.||Inspectors when to make return to court.|
|LVI. And be it further enacted by the authority aforesaid, That all inspectors shall annually, before the tenth day of November, in every year, account with the treasurer of this colony, upon oath, for all monies received, or which ought to be received by them, by virtue of this act, (except the money paid for nails) for every hogshead of transfer: In which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements in pursuance of this act.||When to account with treasurer.|
|LVII. And for the better detecting of inspectors who shall not do their duty, and the more speedy and easy examination into complaints against them, Be it further enacted, That any three justices of the peace, not being inspectors, whereof two shall be of the quorum, shall have power to hear all complaints against||Proceedings against inspectors for breach of duty.|
|any inspector, within their county; and to take the depositions of witnesses, upon the matter of such complaint, on both sides: Which shall be transmitted by them, to the governor and council, for their determination. And to the end such depositions may be taken in the best manner, the clerk of the county, or some sufficient person by him to be appointed, shall attend the said justices, for that purpose; and be paid by the county, the same fee as is or shall be by law established, for attending the examination of witnesses upon a dedimus potestatem: And moreover, the said justices shall have power to visit all or any of the publick warehouses within their county; and if they shall discover any negligence in the inspectors, either in securing the tobacco, or stowing the same away in a proper manner, for saving the room in such houses; or that they do not keep a sufficient number of hands for dispatching the business; or do not attend constantly, according to the directions of this act; or, that they are guilty of any other breach or breaches of their duty; the said justices shall certify the governor and council thereof. And if thereupon any inspector shall be adjudged guilty of a breach of his duty, he shall be removed from his office; and for ever after be incapable of serving as an inspector. And if any inspector shall be removed from his office, upon a complaint, and prosecution against him, in the method by this act prescribed, he shall be liable to the action on the case of the prosecutor, for his necessary costs and expences in such prosecution; in which the prosecutor shall recover his full costs of suit: And every inspector shall moreover be liable to the action of the party grieved, for all loss and damage that may happen or arise to any person, by occasion of any failure of duty, or neglect, of any such inspector; in which action, the plaintif shall recover his full costs, altho' the damages do not exceed forty shillings.|| Costs. |
|LVIII. And be it further enacted, by the authority aforesaid, That all the penalties and forfeitures in this act contained, not herein before particularly appropriated, shall be one moiety to our sovereign lord the king, his heirs and successors; to be applied towards defraying the charges of the execution of this act; and the other half to the person that will inform or sue for the same: And shall and may be recovered with||Penalties, how recoverable & appropriated.|
|costs, by action of debt, or information, in any court of record within this dominion, where the penalty or forfeiture exceeds twenty-five shillings, or two hundred pounds of tobacco; and where the same do not exceed those sums, before any justice of the peace of the county where the offence shall be committed.|
|LIX. And whereas ill disposed persons may be encouraged to offend against the acts of Assembly herein before recited, and now in force, for amending the staple of tobacco and preventing frauds in his majesty's customs, in hopes to escape punishment, by reason of the expiration of the said acts: For preventing thereof, Be it enacted, by the authority aforesaid, That all penalties and forfeitures laid and imposed, in and by nay of the said recited acts; and all breaches of and offences against the same, shall and may be sued for, and prosecuted, and judgment given in such suits and prosecutions, notwithstanding the said acts shall be expired at the time of the prosecutions begun, or judgment given in the same manner as such suits and prosecutions might have been commenced, and judgments given in case the said acts were not expired; any law, statute, custom, or usage, to the contrary thereof, in any wise, notwithstanding. Provided always, That such prosecution be commenced within one year after the offence committed.||Limitation of prosecution.|
|LX. And be it further enacted, That this act shall continue and be in force, for the term of four years, from the ninth day of November next.||Continuance of this act.|
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