|Pages 154-172||Pages 193-215|
| XXXIV. And be it further enacted by the authority aforesaid,
That public warehouses for 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, 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 one 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 Richard Kennon, where the warehouses are now kept.
In Elizabeth-City county; 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 Occupatia creek, on the land of James Garnet, where Robert Jones formerly dwelt, under one inspection.
In the county to Gloucester; at Gloucester town; at Eastermost river; at Deacon's neck, and Poropotank, where the warehouses are now kept.
In the county of Hanover; at Crutchfield's; and at Crutchfield's upper landing, upon the land of Mr. Page; and at Meriwether's.
In the county of Henrico; at Warwick; at Shoccoe's; and at Col. John Bolling's, where the courthouses are now kept; and at Bermuda-Hundred, and Turkey-Island,
| 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 Warrisqueak-bay.
In the county of King and Queen; at Shepherd's, and Thomas Turner's, under one inspection; at Mantapike; at Walkertown, on the lot of Mr. John Walker, in the said county; and at Waller's ferry, in the county of King-William; under one inspection.
At Todd's, in the county of King-William; at Aylet's; at Quarles's; at Williams's; and at Waller's ferry, under one inspection with Walkertown warehouse, in King and Queen.
In the county of King-George; at Bray's church; Falmouth; and on 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 Skelton's, under one inspection; at Dymer's, upon Hadway's creek, in the same county, and Indian creek, in the county of Northumberland, under one inspection; and at Deep creek.
In the county of Middlesex; at Kemp's, and at Urbanna.
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 Princess-Anne, under one inspection.
In the county of Nansemond; at Sleepy-Hole; at Lawrence's; and at 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; and at the Brick House, on Col. Basset's land.
In the county of Northumberland; at Wiccocomico; and at Coan, where the warehouses now are.
In the county of Prince-George; at Bolling's-point; at Maycock's; and at Jordan's.
In the county of Fairfax; at Occoquan, and Peyton's, in Prince-William county, under one inspection; at Pohick; at Hunting creek; and on the land of the Honorable Thomas Lee, esq. 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 Sir Marmaduke Beckwith's land, near the bridge over the same
creek, under one inspection; and on Totasky creek, on the land of Mr. Brokenbrough, and on the
land of Mr. Hornby, and on the land of the late John Carter, esq. deceased, where the warehouses
are now kept, 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 Acquia.
In the county of Spotsylvania; at Fredericksburg, and Royston's, where the said warehouses are now kept.
In the county of Warwick; at Denbeigh, where the warehouses now are.
In the county of Westmoreland; on both sides of Nomini, 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.
In the county of James-City; at Hog-Neck, on the land of Catharine Walker.
| XXXV. And be it further enacted, by the authority aforesaid,
That from and after the ninth day of November next, the public warehouses be erected at the
several places hereinafter named: That is to say;
In the county of Henrico; on the land of John Osborne; and at the Rocky-Ridge, on the land of the late William Byrd, esq. deceased.
In the county of King-William; at a place called the Piping-Tree; to be under the same inspection with the warehouses at Williams's, in the said county.
In the county of Nansemond; at Best's landing, on Lear's creek, on the north side of Nansemond river, upon the land of William Wilkinson; to be under the same inspection with the warehouses at Sleepy-Hole, in the said county.
|New warehouses erected.|
| In the county of New-Kent; on the land of Anthony Waddy, where
formerly the agents warehouses were.|
And in the county of Westmoreland; on the land of Richard Bernard, formerly Butler's, upon the lower side of upper Machotack river.
And that from and after the said ninth day of November, the warehouses at Coan shall be discontinued; and new warehouses erected, at Ferry-Neck, on the upper side of Coan river, on the land of Rodham Kenner, dec'd. and on the land of Major John Wanghop, on the other side of Coan River; to be under the same 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,||Salaries to the inspectors.|
|XXXVII. And be it further enacted, That the rents of the several warehouses hereby established, shall be, and are hereby settled at the following rates:||Rates of the warehouses settled.|
|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 of such warehouses respectively.|
|XXXVIII. Provided always, That where wharfs are or shall be necessarily 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||Where the rents are not sufficient, wharfs and new warehouses shall be built, at|
|the rent hereby established shall not be proportionable to the expence of such building; in both the said cases, such farther 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 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.|| the expence of the public. |
How the rents and salaries are to be paid.
|XXXIX. And be it further enacted, That where the 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 let 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 conveniencies, as the said court shall think fit to direct, and let the same to the inspectors appointed||Owners of land where warehouses are to be built, shall be summoned to the county court to declare whether they will build thereon.|
|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 bond, with one sufficient security, in an reasonable penalty, payable to his majesty, his heirs and successors, with a condition, for the due performance of such undertaking: And in case such owner 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 conveniencies as shall be necessary, and to take bond, 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 warehouses: and in case the proprietor of the said land, or any other person, will not build such houses, wharfs, and conveniences on the said land, and let 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 seized, 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 the|| If they will build, the court shall take bond.|
But if they refuse, the justices shall value an acre of land, and agree with any other person to build upon it, taking bond.
And such other person, paying or tendering the valuation money to the owner, and building thereon, shall have an estate in fee simple, in the land as long as such place shall be used for a warehouse.
But if no person will build the justices shall cause houses, &c. to be built, and the rent shall be paid to the county.
Where any justices or others have built, they shall also be seized in fee simple.
But if the warehouses be discontinued, the proprietor, returning the price paid, shall be again seized.
|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 any other person or persons, shall, in like manner, be seized, in fee, of the acre of land upon which sch 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, seized of his former estate.|
|XL. Provided always, That where any warehouses have been, or shall be built, by the justices, or other person as aforesaid, and the first proprietor of the land shall desire to have the same again, such proprietor, upon payment of so much money as shall be sufficient to reimburse the said justices or other person the principal money expended, for the purchase of the land and the building such warehouses, with lawful interest, deducting the rents received by the said justices or other person, 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.||Or paying the principle sum expended, with interest, deducting the rates received, shall be restored to to his former estate at any time.|
|XLI. Provided also, That if any proprietor, so as aforesaid restored to his estate, shall neglect or refuse to repair and build such houses and wharfs as the court shall think necessary, the justices shall be again seized of the fee-simple estate of such land, during the time such place shall be made use of for a public warehouse; and such proprietor shall not have any benefit of the rents that shall thereafter become due.||But upon his failing to repair and build, the justices shall be again seized.|
|XLII. 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 proprietors of the said lands to kill, or|| The justices shall not have power to take away immediate
Neither shall the inspectors keep horses, cattle or swine, at the warehouses, except in inclosures.
|cause to be killed or destroyed, all such swine. 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 the 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 conveniences, from time to time, as to them shall seem necessary and expedient: And where any public warehouse or warehouses have been or shall be built so near any river or creek, that the tobacco brought thither may be in danger of being destroyed by the overflowings of such river or creek, the respective courts of the counties where any such warehouse or warehouses are, shall, and they are authorised and required, to direct the floor or floors of such warehouse or warehouses to be raised, in such manner as to them shall seem best: And in case the owner or proprietor of any warehouse shall refuse or neglect to make such buildings, repairs, wharfs, prizes, cranes, floors, and other conveniences, as shall be directed by the said 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 the 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 the county, and be again re-paid by the public, without any charge upon the landlord. And if, upon the application of the inspectors to their county courts for building and making other necessary houses, wharfs, and repairs, such county court 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.|| Swine kept contrary to this act, may be killed.|
Justices declared to have full power to regulate all matters concerning public warehousse.
Penalty for neglecting their duty.
|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||Losses by fire to be made good by the public, and inspectors indemnified.|
|case of such accident, no inspectors shall be sued or molested for, or by reason of, any promissory 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 payment of the tobacco in such notes or receipts mentioned: Any thing herein before contained to the contrary notwithstanding.|
|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 sett 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 be hereafter 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, the said justices shall cause the same to be repaired and amended, and the weights made conformable to the standard; and if the justice or justices so appointed shall refuse or neglect to do the same, the justice or justices so refusing, shall forfeit and pay the sum of twenty shillings; and the charge of repairing and amending the said scales and weights, and also for removing the standard to the several warehouses for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their account with the treasurer.|| Weights and scales to be kept at every warehouse. |
Justices to provide them where they are not already provided, or are worn out, at the charge of the public.
And shall also try the weights once a year by the standard, and cause them to be amended.
|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 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 or cask of tobacco, and twenty shillings for every hundred pounds of tobacco in bulk or parcels, transported or carried out contrary to the directions of this act.||Persons clandestinely carrying tobacco into N. Carolina, or Maryland, liable to a penalty.|
|XLVI. And be it further enacted, That all sheriffs, under-sheriffs, and constables, who shall be in office at the passing of this act, shall, at the first court to be held for their respective counties after the publication thereof, 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, 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 into Carolina or Maryland, without a permit for so doing; they will forthwith make information and a particular discover thereof to the next justice of the peace of the county where such tobacco shall be; and that all sheriffs and under-sheriffs respectively, which shall, after the passing of this act, be appointed or sworn into 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|| Sheriffs, under-sheriffs, and constables, to take an oath.
Penalty in case of failure.
Inspectors the same.
|resides, or at the same court, if sworn at the county court, after he shall be sworn in his office, under the like penalty. And if any justice of the peace shall know, or be informed by any of the said officers, or by any other person, upon oath, of any such tobacco so pressed ro 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 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, statue, or custom to the contrary, notwithstanding. And any justice of the peace of any county near the place where any ship, sloop, boat, or other 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 this [his] county; and the sheriff or constable shall have full power and authority, and he 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 seized, 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 officer of any ship or vessel, or the skipper of any sloop, boat, or other vessel, or any other person whatsoever,|| |
Power and duty of justices and officers, for preventing the exportation of uninspected tobacco.
Persons in whose possession such tobacco shall be found, liable to a penalty.
Vessels may be searched.
Penalty on the master, or any other person, resisting the officer.
|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 non-suit, or a judgment pass against him upon a verdict or demurrer, the defendant shall recover double costs.|
|And be it further enacted, by the authority aforesaid, That no person, taking upon himself the office of 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, otherways than by giving his vote, or shall endeavour 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 shillings for every hundred pounds of tobacco so bought or received.||No inspector capable of being chosen a member of the house of Burgesses, during his office, nor within two years after; neither shall he intermeddle with any election, unless by giving his vote, nor collect or purchase any tobacco under penalties.|
|XLVIII. Provided always, That nothing herein contained shall be construed to hinder any inspector from receiving his rents in tobacco, which shall be first viewed, examined, and stamped, according to the directions of this act.||But may receive his rents in tobacco.|
|XLIX. 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 payments 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,||Penalty on inspectors taking a bribe.|
|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.|| |
And upon the person offering it.
|L. And be it further enacted, That when any person shall be entitled 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 payment, as bad, unsound, and unmerchantable, such person so refusing and not accepting thereof, shall make immediate application to any three justices near or nearest to the warehouse at which the tobacco so refused shall be offered or tendered in payment, 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 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 payment, and carefully to view and examine the same, in such manner as they shall think fit; and if any two of|| Inspectors paying away tobacco shall open it, if required.
Method to be taken, if t be refused.
|them shall adjudge the tobacco so tendered in payment, 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 payment, five shillings each; and if the said justices, or any two of them, shall adjudge the said tobacco so tendered or offered in payment, 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 payment by any inspector, and refused, the said inspectors shall not be at liberty to tender or offer in payment, 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 payment 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 payment was bad, unsound, and unmerchantable; and moreover the said inspectors shall forfeit and pay ten pounds for every such offence: And if the person who shall refuse any 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 such hogshead.||No other tobacco shall be tendered or received in lieu of the tobacco refused, 'til that hath been viewed, under a penalty both upon the inspector and receiver.|
|LI. And be it further enacted, That when any new inspector or inspectors shall be appointed at any of the said warehouses, such inspector or inspectors shall, and they are hereby required, to give to the person or persons whom they shall succeed, a receipt, with his or their hands subscribed, containing the numbers, marks, tare, gross, and nett weight of all and every hogshead or cask of tobacco, which shall be then remaining at the warehouse or warehouses at which they are appointed inspectors; with the delivery and payment of which said hogsheads or casks of tobacco so remaining, he or they shall, from thenceforth be chargeable and liable; but he or they shall in now wise be accountable or answerable for the loss of||The duty of inspectors declared, in several particulars.|
|weight, or for quality, of tobacco contained in any hogshead for which such receipt was by him or them so as aforesaid given: And if any hogshead or cask of tobacco shall hereafter be received by any person or persons whatsoever, and delivered out of any of the said warehouses, for exportation, by the inspector or inspectors attending the same, such inspector or inspectors, from the time of such delivery, shall be for ever discharged and acquitted from all actions, costs, and charge, for or by reason of the tobacco contained in any such hogshead or cask being unsound and unmerchantable, or of less quantity than the notes or receipts given for the same: Any thing herein before contained to the contrary, notwithstanding. 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 shall be picked and separated from the rest; or where any light crop tobacco shall hereafter be brought to any of the said warehouses; in either case the said inspectors, if required, shall permit the owner or other person bringing such tobacco to make use of one or more of their prizes, for the re-packing, prizing, or making heavier such tobacco, without fee or reward: And if there shall be several hogsheads of tobacco, belonging to several owners, to be picked, repacked, prized, or made heavier, at any public warehouse, the owner or other person bringing the same, whose tobacco shall be first viewed, and refused or found light, shall be first permitted, and allowed to make use of such prize or prizes: And the same rules shall be observed in the prizing all tobacco which shall be picked, repacked, prized, or found light as aforesaid: And for all tobacco repacked 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 repacked 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 and number 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 delivered out by them: And all inspectors, when required, shall be obliged to prize any hogshead of tobacco under nine 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 abatement of 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.|
|LII. And for preventing the cutting and manufacturing bad, unsound, and trash tobacco, Be it further enacted, by the authority aforesaid, That from and after the passing of this act, no person whatsoever shall cut, manufacture, and prize into any hogshead or cask, any tobacco which shall not have been viewed, examined, and passed, at some or one of the public warehouses, before the same shall be cut and prized: And every person bringing any hogshead or cask of cut and manufactured tobacco to any warehouse to be viewed, stamped, and passed, shall, before the same be viewed and examined or stamped, make oath, before the inspectors of the warehouse to which the same shall be brought, or one of them, (which oath the said inspectors, or one of them, is and are hereby impowered and required to administer,) That all the tobacco, cut and manufactured, contained and prized in such hogshead or cask, was, before the same was cut and prized, viewed, examined, and passed at some or one of the public warehouses in this colony; and that, to his knowledge, privity, or direction, no other tobacco hath been packed or prized in such hogshead or cask, and it shall not be lawful for any inspectors to view, pass, and stamp any hogshead or cask of cut and manufactured tobacco, before such oath be taken|| No tobacco shall be cut and manufactured before it has been
Persons bringing such tobacco to the warehouse, shall make oath, before it shall be passed.
|by the person bringing or owning the same: And if any person shall presume to cut and manufacture any tobacco which shall not have been first viewed, examined, and passed at some or one of the public warehouses as aforesaid, in breach of this act, and of the said oath, every such person so offending, and being thereof lawfully convicted, shall forfeit and pay for every such offence, ten pounds; and moreover shall suffer as in case of wilful and corrupt perjury.||Penalty on offenders.|
|LIII. And be it further enacted, 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 or cutting the same; provided that such tobacco shall not be shipped off until it shall be again inspected, passed, and stamped; for which the inspectors shall 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 or parcels of tobacco may be delivered out by the inspectors to the owner, but shall be again inspected before it shall be shipped.|
|LIV. And be it further enacted, That the owner of any transfer notes may, at any time before the first day of October in every year, 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: And the inspectors shall, at the court held for their county in the month of October, yearly, or if there be no court in that month, then at the next court held for their county, lay before the court an account, upon oath, of all the transfer notes that were not by them taken in and received before the said first day of October; and after such account exhibited, and oath made, shall sell the tobacco in such notes contained, deducting the allowance for shrinkage and wasting, at public auction, at the door of the court house, between the hours of twelve and|| Owners of transfer notes may receive and mark hogsheads, and
inspectors shall give crop notes, and be answerable for such hhds. as for crop tobacco, the owner
paying 2s. 6d. down, and 3s. on delivery. |
Inspectors shall, upon oath, lay before the county court in October, or at the next court, an account
|two: and the inspectors shall pay the money 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: And all inspectors shall keep a just and true account of the tobacco gained or saved, upon the allowance made for cask, or for 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, and shall also sell the tobacco so gained and saved, in the same manner as 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.||of all the transfer tobacco in their hands, and shall sell the same, and pay the money to the owners; and shall also account for and sell the tobacco gained for cask or shrinkage, and pay the money to the treasurer.|
|LV. 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 tobacco; in which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements, in pursuance of this act.||To account with the treasurer before the 10th of November yearly.|
|LVI. 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 two justice of the peace, not being inspectors, shall have power to hear all complaints against 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, any two justices shall have power to visit all or any||Inspector guilty of a breach of duty; how to be proceeded against.|
|of the public 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 direction 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 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 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 plaintiff shall recover his full costs altho' the damages do not exceed forty shillings.|| If removed from his office, shall be liable to an action of
the prosecutor for his costs, and of the party grieved for his damages. |
|LVII. And be it further enacted, by the authority aforesaid, That all the penalties and forfeitures in this act contained, and 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 who shall inform or sue for the same; and shall and may be recovered, with costs, by action of debt or information, in any court of record within this dominion, where the penalty of forfeiture exceeds twenty five shillings, or two hundred pounds of tobacco; and where the same does not exceed those sums, before any justice of the peace of the county where the offence shall be committed.|| |
Penalties appropriated, and how to be recovered.
|LVIII. And whereas ill-disposed persons may be encouraged to offend against the laws 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 laws; for preventing whereof, Be it enacted, by the authority aforesaid, That all penalties|
|and forfeitures laid and imposed by any of the said recited laws, and all breaches and offences against the same, shall and may be sued for and prosecuted and judgments given in such suits and prosecutions, notwithstanding the said laws shall be expired at the time of the prosecutions begun or judgments given, in case the said laws were not expired: Any law, statute, custom, or usage to the contrary thereof, in any-wise, notwithstanding.||Penalties imposed by former acts may be sued for, and recovered, after the expiration of such acts.|
|LIX. Provided always, That such prosecution be commenced within one year after the offence committed.||Within a year after the offence committed.|
|LX. And be it further enacted, That this act shall continue and be in force, from and after the passing thereof, for and during the term of four years, and from thence to the end of the next session of Assembly.||Continuation of this act.|
|Pages 154-172||Pages 193-215|