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be imprisoned or committed for the same offence, otherwise than by the order or process of the court wherein be shall be bound by recognizance to appear, or some other court having jurisdiction of the cause: A citizen of this commonwealth committed to prison in custody of an officer for any criminal matter, shall not be removed from thence into the custody of another officer, unless it be by habeas corpus, or some other legal writ, or where the prisoner shall be delivered to the constable, or other inferior officer, to be carried to some common gaol, or shall be sent by warrant of an alderman to some common work-house, or shall be removed

from one place to another within the same county, in order to his discharge or trial, in due course of law; or in case of sudden fire or infection, or other necessity, or where the prisoner shall be charged by affidavit with treason or felony, alledged to be done in any of the other United States of America, in which last case he shall be sent thither in custody, by order of the general court, or warrant of any two judges thereof in vacation time, or may be bound by recognizance, with sureties before them, to appear there, whichsoever shall seem most proper, if the said court or judges, upon consideration of the matter, shall think he ought to be put upon his trial. Any person as aforesaid may move for and obtain his habeas corpus, as well out of the high court of chancery as out of the general court: And if any judge of either of the said courts in the vacation time, upon view of the copy of the warrant of commitment or detainer, or upon affidavit made, that such copy was denied as aforesaid, shall refuse any writ of habeas corpus by this act required to be granted, being moved for as aforesaid, such judge shall be liable to the action of the party grieved.

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An act for appointing public nota.

ries. 1. WHEREAS it will be for the ease and conveni- Notaries pub. ence of the inhabitants of this commonwealth, and all lic, how ap.

pointed. others trading hither, that public notaries should be appointed:

II. Be it therefore enacted, That the governor, with the advice of council, for the time being, is hereby empowered and required to nominate and appoint so many notaries public as to him shall seem necessary; and upon the death, resignation, or removal of any such notaries public, to appoint others in his or their room; which said notaries public shall hold their respective offices during good behaviour, and shall use and exercise the said office of notary public for such places and within such limits and precincts as the governor and council shall direct, to whose protestations, attestations, the and other instruments of publication, due credence is hereby given. Provided nevertheless, That every no- Bond is oath tary public shall, previous to his executing the said ofice, give bond to the governor for the time being, in the penalty of five hundred pounds, conditioned for the due dicharge of his said office; and shall, in the high court of chancery, the general court, or the county court of bis precinct, take the oath of fidelity to this commonwealth, and also an oath that he will, without favor or partiality, honestly, diligently, and faithfully, discharge the duties of notary public.

Nil. And be it further enacted, That every public Fees. notary shall and may demand and receive, for every attestation, protestation, and all other instruments of publication under his seal of office, the sum of five shillings, and no more; and for recording in a book to be kept for that purpose, each attestation, protestation, and all other instruments of publication, the sum of five shillings, and no more.

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ent houses for the storage of hemp; and in

CHAP. XXXVII,
An act for establishing an inspection

of hemp
1. WHEREAS making good and merchantable
hemp, fit for exportation, will not only afford this com-
monwealth a very considerable branch of commerce,
but add greatly to the maritime strength of the same,
which can only be effected by an inspection thereof es

tablished by law: Warehouses,

11. Be it enacted by the General Assembly, That pubfor the in

lic ware-houses for the reception of hemp, pursuant to, spections of this act, shall be kept at the places herein after, men hemp. esta tioned, that is to say, at or near the city of Richmond,

and towns of Alexandria and Fredericksburg. And it shall and may be lawful for the justices of the courts

of the counties wherein such inspections are established, How ware.

and they are hereby required, upon the receipt of this houses to be act, to choose out a proper place for erecting good and erected sufficient ware-houses for the receipt of all hemp which

may be brought to the same; and they are hereby required to cause the owner or proprietor of the said place, or in case of the absence or inability of such owner, his or her agent or attorney to be summoned to appear before them at the next succeeding court, there to declare whether they will undertake to erect good and suffici

such owner, agent, of attorney, will undertake the same, then the said court shall, and they are hereby required to take bond with security, in a reasonable penalty, payable to the governor for the time being, with condition for the due performance of such undertaking; and if such owner, agent, or attorpey shall iefuse to undertake the same, or give bond as aforesaid, then the said court shall, and they are hereby required and empowered to agree with some person or persons, to erect good and sufficient store houses for the reception and preservation of hemp which may be brought to the same, and shall certify the charge thereof to the treasurer of this state, who is hereby directed and required to pay the same, out of the revenue arising from the two tenths of thie tax on free male tithables, and all taxable property

case

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not appropriated; provided such sum shall not exceed twelve hundred pounds.

III. And be it further enacted, That the courts of the Inspector, his counties wherein any ware-houses for the receipt of appointment hemp shall be established by this act, are hereby required to appoint a fit and able person to have the care and charge of the said ware-house, whose business it shall be carefully to inspect and examine all hemp which shall be brought to his ware-house, by opening each bundle, and separating that which shall be strong, dry, and clean, from that which shall be unsound and unfit for exportation, and shall moreover distinguish all such sound hemp by the terms of water rotted, winter rotted, and summer rotted, and specify in the note which he shall give, of which quality the hemp is; and all hemp unfit for cordage, except such as shall be rots ten, shall be baled up and set apart for the purpose of caulking vessels, and no other; and the note to be issued for such hemp, shall specify the same.

IV. And be it further enacted, That all hemp, sound Hemp to be and merchantable, separated as above directed, shall prized in

bales, and labe prized in bales of three and a half feet square, with belled. a label annexed thereto, stamped with the weight of each bale, and the name of the owner, which weight and owner's name shall be entered in a book kept for that purpose; and he is hereby required to give a certificate in form following to wit], A. B. do certify that

has deposited pounds of well conditioned merchantable hemp (of the qualities before described, as the case may be) passed inspection at the ware-house in of which I am inspector. Witness my hand, der og &c” wakazi

V. And be it further enacted, That if any inspector Penalties on appointed in pursuance of this act, shall deliver any inspector. hemp, but by order of the owner, or shall fail to give the receipt aforesaid, or shall otherwise fail in his duty as inspector, shall forfeit and pay to the party grieved, fifty pounds, to be recovered by action of debt, in any court of record

VI. And be it further enacted, That no hemp of the Hemp not to growth or produce of this state shall be transported be transportfrom the same by water, until the same hath been first ed till inspecviewed and examined agreeable to the directions aforesaid, at one of the ware houses to be appointed by this act: And if any person whatsoever shall presume to

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carry or transport from this slate by water, any hemp

not inspected and declared to be sound and merchantwiki cookies are able, such offenders shall forfeit and pay twelve pounds present for every five hundred pounds, and in proportion for a

greater or less quantity so exported, recoverable by
bill, plaint, or information, before any court of record;
one half to the informer, and the other half to the com-
monwealth. And to prevent the manufacturing of uil-

sound hemp within this state,
Nor manufac. VII. Be it further enacted, That the owner or own-
tured at rope ers of all rope-walks within the same, shall not manu-
walks

facture into cordage, any hemp not inspected as afore-
said; and if any owner or owners shall presume to ma-
nufacture into cordage, any hemp which shall not first
have been viewed and examined, and passed at some
one of the public ware-houses by this act appointed,
every such person shall forfeit all such uninspected
heinp; one half to the use of the informer, the other
half to the use of the commonwealth.

VIII. And he it further enacted, That when any hemp may be hemp shall be refused by the inspectors, the proprietor picked. shall be at liberty to clean the same, and to separate

the sound from the unsound, if any part thereof shall
by the inspector be deemed merchantable, and upon
his refusal or neglect so to do, within thirty days, then
the inspectors may employ any person to clean and se
parate the same, and give the owner credit for so much
thereof as shall be found merchantable, after paying
the person or persons employed in cleaning the same,

one eighth part of the quantity thus cleaned.
Pees of in- 1X. And be it further enacted, That the inspectors at
spector, any of the store-houses to be by this act established, shall

ay's and may demand and receive for their services as in

spectors, one shilling and three penee for every hun-
dred pounds by them received, which shall be paid at
the time of delivering the same, by the exporter or
manufacturer within the state, one half of which to be.
paid to the treasurer of this commonwealth, or the own-

er of the ware-house, as the case may be, quarterly, sixmats under the penalty of forfeiting to the commonwealth,

an or the owner, one hundred pounds, recoverable on moi tion before any court of record within this common

wealth, or giving ten days previous notice of such moOath of in

tion. spector. X. And be it further enacted, That the inspec

tors shall previous to the execution of their office, take

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