the same shall have been reviewed and inspected ac cording to the directions of this act; but that all tobac co whatsoever, to be received or taken on board any ship or other vessel, and to be therein exported, or to be carried and put on board any ship or vessel for exportation as aforesaid, shall be received and taken on board at the several warehouses for that purpose herein after mentioned, or some or one of them, and at go other place whatsoever: And every master, mate, or The oaths of boatswain, of any ship or other vessel which shall arrive in this state, in order to load tobacco during the continuance of this act, shall, before the said ship or vessel be permitted to take on board any tobacco whatsoever, make oath before the naval officer of the district wherein such ship or vessel shall arrive, which oath the said naval officer is hereby empowered and required to administer, that they will not permit any tobacco whatsoever to be taken on board their respective ships or vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally. thereunto appointed; which oath they shall subscribe in a book, to be kept by the naval officer for that purpose. And if any master shall cause any person who is not legally and bona fide mate or boatswain, to come on shore and take such oath, he shall, for the said offence, forfeit and pay five hundred pounds; And if any master or commander of any ship or other 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 herein after mentioned, or any hogshead or cask of tobacco, not stamped by some lawful inspec tor, or shall suffer to be brought on board, any tobacco, except in hogsheads or casks, stamped as aforesaid, every such master or commander shall forfeit and pay fifty pounds for every hogshead or cask of tobacco which shall not have been brought from one of the said public warehouses, or which shall not be stamped as aforesaid; and moreover, every such hogshead or cask of tobacco shall be forfeited, one moiety thereof to the use of the informer, and the other moiety to the use of the commonwealth.

houses in his boat or other vessel, for hire, shall take co, in bulk on board, or permit or suffer to be taken on board, any or parcels tobacco whatsoever, in bulk or parcels, such tobacco shall not only be forfeited, and may be seized by any person or persons whatsoever, but the master or skipper offending herein, shall forfeit and pay two shillings for every pound weight of such tobacco; and the master or commander of any ship or vessel wherein any tobacco in bulk or parcels shall be found, shall over and above the forfeiture thereof, be subject and liable to the same penalty; to be recovered, if it doth not ex4ceed five pounds, before any two justices of the peace of any county near the plare where such ship, boat, or other vessel, shall lie; and if it exceeds five pounds, in any court of record, by action of debt, wherein the plaintiff shall recover his costs. And if any servant, or other person employed in navigating any such boat or other vessel, shall connive at or conceal the taking For receiving on board any tobacco, in bulk or parcel as aforesaid, he shall pay the sum of five pounds, to be recovered as aforesaid; and if such servant or other person shall be unable to pay the said sum, he or they and every slave so employed, shall, by order of such justice, receive on his bare back, thirty nine lashes well laid ou; and if such boat or other vessel be under the care and management of a servant who cannot pay and satisfy the penalty so to be inflicted on the master or skipper offending as aforesaid, then such servant, and every other person employed under him, unable to pay the said penalty, who shall be guilty of conniv ing at or concealing the taking on board tobacco in "bulk or parcels as aforesaid, shall, upon every com plaint and proof thereof made to a justice of the peace, have and receive, by order of the said justice, thirty nine lashes well laid on; and if any servant shall again be entrusted with the care and management of any boat or other vessel, and shall be convicted a second time of taking or receiving on board the same, any tobacco in bulk or parcel, contrary to the directions of this act the owner of such servant shall forfeit and pay the like sum of two shillings per pound for every pound weight of such tobacco so taken or received on board in bulk or parcel, and shall also forfeit and pay ten shillings for every day such servant shall thereafter be employed as skipper or master of any boat or vessel to him be

longing, to be recovered and applied as aforesaid. ProPravos for vided nevertheless, That it shall be lawful for the proprie sundry pur tor or proprietors to break any hogshead of tobacco after

poses.

it shall be passed and stamped, and to repack and prize the same into small casks for the convenience of stow ing, provided it be done at the warehouse where the same was inspected and weighed, marked, and stamped; and the inspectors shall particularize all such casks in their manifests to be given to the masters or skippers of the vessel in which such tobacco be laden. Provided always, That nothing herein before contained shall be construed to prohibit any person from carrying, or causing to be carried to the said ware-houses, in any beat or other vessel, any tobacco in bulk or parcels, for the payment of his or her levies, debts, or other duties, or to prohibit any person to put or take on board any boat or other vessel, any hogsheads or casks of tobacco to be waterborn to any ware-house appoint ed by this act, so as the same be not carried out of the naval officer's district wherein the said tobacco shall be made, nor to prohibit the owner of any tobacco to transport his crops, or any part thereof, in hogsheads. or casks, from one plantation to another, for the better handling and managing thereof, nor any purchaser of tobacco from bringing the same by water to be repacked, sorted, stemmed, or prized, before the same be carried to the said ware-houses, so as such last men tioned tobacco be packed in hogsheads or casks; but no tobacco, on any pretence whatsoever, shall be carried or transported by water to be inspected out of the district limited and appointed for the several naval of ficers of this state, wherein the same shall be made, or being so carried, shall not be inspected or passed by any inspectors knowing the same to be made out of such district, upon pain of forfeiting, by the owner of such tobacco, and the inspectors who shall pass the same, fifty shillings for every hogshead to the inform Proviso, as er. Provided nevertheless, That it shall and may be bay & War lawful for the inhabitants of Fleet's bay, on the south. rasqueake. side of Indian creek, in the county of Lancaster, to carry their tobacco by water to the public warehouse at Indian creek; and the inhabitants at Warrasqueake bay, and the parts adjacent, to carry their tobacco to be passed at any warehouse in the upper district of James river.

to fleet's

or

vessels
is ta
give im upon

tobacco

III. And be it further enacted, That every master Masters of of a ship or vessel wherein tobacco shall be laden, shall at the time of clearing, deliver to the naval officer, a bath a manifair manifest of all the tobacco on board his ship or fest of their vessel, expressing the marks and numbers of every when clear hogshead or cask, and the tare and nett weight stamping out. ed thereon, the person by whom shipped, and from what warehouse, and shall make oath thereto, and that the same is a just and true account of the marks, nunibers, tare, and nett weight, of each respective hogshead or cask, as the same was taken down by the person or persons appointed by him to take the same before the said tobacco was stowed away; and no ship or vessel shall be cleared by the naval officer before he shall have received such list and manifest, which shall by the said naval officer be transmitted to the treasurer of this commonwealth for the time being. IV. And be it further euacted, That if the skipper Relanded to any boat or vessel, or the person or persons to whom pacco must the care and management thereof shall be entrusted, be a some public wareshall land or put on shore any hogshead, cask, or pack- house.. age of tobacco, put on board the same to be carried to any public warehouse at any other place or places than the warehouses by this act appointed for the reception and inspection of tobacco, or at some or one of them, or the wharfs or other landing to such warehouse or warehouses belonging, or shall put the same on board any other vessel, or suffer the same to be done, so as the same be not delivered at some of the said public. warehouses, without fraud or embezzlement, or shali open any hogshead or cask of tobacco so as aforesaid waterborn and landed, and take thereout any tobacco before the same be received by the inspectors according to the directions of this act; or after the same has been viewed shall fraudulently open any hogshead or cask, and take thereout any tobacco, every such offence shall be judged felony, and the offender or offenders shall suffer as in the case of felony. Provided always, that or open Penalty for That nothing herein before contained shall be construing hogs ed to prohibit the landing or putting on shore any hogs- heads & tak head, cask, or package of tobacco, out of any boat or barco other vessel, which by distress of weather shall be forced on ground, or become leaky, so as such landing be really and bona fide for the preservation of the tobacco

VOL. XI.

B 2

ing out to

Exception as

to tobacco landed in

distress of

weather.