Page images


All tobacco

V. Be it further enacted, by the authority aforesaid, tound on board any

That if any person, taking upon himself to carry any vessel in tobacco to or from any of the said warehouses, in his bulk or par- sloop, boat, or other vessel, for hire, shall presume to Gels forfeited take on board, or permit or suffer to be taken on and may

board, any tobacco whatsoever in bulk or parcels, seized.

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 twenty shillings for every hundred pounds weight Penalty on of such tobacco, and so proportionably for a greater the skipper and master,

or lesser quantity: And the master or commander of and how tó any ship or vessel, wherein any tobacco in bulk or parbe recover- cels shall be found, shall, over and above the forfeied.

ture thereof, be subject and liable to the same penalty: to be recovered, if it doth not exceeed five pounds, before any two justices of the peace of any county,

one of them to be of the quorum, near the place where Every ser such ship, sloop, boat, or other vessel shall lie; and if vant on it exceeds five pounds, in any court of record by acboard con

tion of debt, wherein the plaintiff shall recover his cealing the fraud to be costs.

And every servant, slave, or other person, whipt. employed in navigating such sloop, boat, or other vesIf a servant sel, who shall connive at, or conceal the taking or reper, and un-ceiving on board any tobacco in bulk or parcel as aforeable to satis- said, shall, by order of such justices, receive on his fy the penal- bare back, thirty nine lashes, well laid on: And if ty, he shall such sloop, boat, or other vessel, be under the care and and if he of management of a servant who cannot satisfy and pay fend a se

the said penalty, then such servant, and every other cond time,

person employed under him, who shall be guilty of his owner subjected to

conniving at, or concealing the taking on board topenalties.

bacco in bulk or parcel as aforesaid, shall, upon complaint thereof made to any justice of the peace, have and receive, by order of the said justice, thirty nine laslies well laid on. And if any servant shall be again trusted with the care and management of any sloop, 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 twenty shillings for every bundred pounds weight of such tobacco, so taken or received on board in bulk or parcel; and shall also forfeit and pay live shillings for every day such servant shall thereafter be employed as skipper or master of any

sloop, boat, or other vessel, to him belonging to be recovered and applied as aforesaid.

VI. Provided always, That nothing herein before But tobacco contained, shall be construed to prohibit any person


be wa

ter-born to from carrying, or causing to be carried to the said the ware. warehouses, in any boat or other vessel, any tobacco houses, and in bulk, or parcels, for the payment of liis or her le- from one vies, debts, or other duties; nor to prohibit any per- another, or

plantation to son to put or take on board any sloop, boat, or other to be revessel, any hogsheads or casks of tobacco, to be water packed, sort. born to any warehouse or warehouses appointed by ed, stemmed this act, so as the same be not carried out of the naval

and prized. 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 or 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 warehouses, so as such last-mentioned tobacco be packed in hogsheads or casks: but But shall not

be carried, no tobacco, on any pretence whatsoever, shall be car

inspected, ried or transported by water to be inspected, out of or passed the district limited and appointed for the several naval out of the officers of this colony, wherein the same is or shall be district, un. made; or being so carried, shall not be inspected or ty of 205. on passed by any inspectors, knowing the same to be the owner made out of such district, upon pain of forfeiting, by and inspecthe owner of such tobacco, and the inspectors who tors, for eve. shall pass the same, twenty shillings for every hogs- hy hogshead. head; to the informer.

VII. Provided nevertheless, That it shall and may Inhabitants be lawful for the inhabitants of Fleet's-bay, on the of Fleetssouth side of Indian creek, in the county of Lancaster, Warristo carry their tobacco by water to the public ware. queak-bay, houses at Indian creek; and the inhabitants of War where their risqueak-bay, and the parts adjacent, to carry their be inspecttobacco to be passed at any warehouse in the upper ed. district of James river.

VIII. And be it further enacted, That every master Masters of of a ship or vessel wherein tobacco shall be laden, ships shall shall, at the time of clearing, deliver to the naval of- manifests of ficer, two fair manifests of all the tobacco on board all the tobachis ship or vessel, expressing the marks and numbers co on board

to the naval of every hogshead, and the tare and nett weight stamp- officer OM ed thereon, the person by whom shipped, and from oath.


ny other

what warehouse, and shall make oath thereto, and that the same is a just and true account of the marks, numbers, tare, and nett weight of each respective hogshead, 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 One of shall have received such lists and manifests: one of which to be which said manifests shall, by the said naval officer, annexed to

be annexed to such master's certificate or clearance, his clearance and the o to the end the same may be delivered to the chief offi. ther trans cer of the customs in such port or place where the said mitted to the ship shall unlade; and the other of the said manifests chief officer of the cus

shall, by the said naval officer, be transmitted to the toms. said chief officer of the customs by the next conve

nient opportunity. If any per

IX. And be it further enacted, That if the skipper son, trusted

any sloop, boat, or other vessel, or other person or to carry tobacco to a persons to whom the care and management thereof public ware shall be intrusted, shall land or put on shore any hogshouse, shall head, cask, or package of tobacco, put on board the land it at a

same to be carried to any public warehouse, at any place, or put other place or places than the warehouse or wareit on board houses by this act appointed for the reception and infore it Bath spection of tobacco, or at some or one of them, or the been deliv. wharfs or other landing to such warehouse or wareered at some houses belonging, or shall pat the same on board any warehouse, other vessel, or suffer the same to be done, so as the or shall open same be not delivered at some of the said public wareany tobacco houses without fraud or imbezzlement, or shall open before or af- any hogshead or cask of tobacco, so as aforesaid water ter view,

born and landed, and take thereout any tobacco, befelony.

fore the same be viewed by the inspectors, according to the directions of this act, or after the same be view. ed, shall fraudulently open any hogshead or cask, and take thereout any tobacco, every such offence shall be adjulged felony; and the offender or offenders shall

suffer as in case of felony, Unless forc X. Proridell always, That nothing herein contained by dis- ed, shall be construed to proliibit tlie landing or puttress of weather on

ting on shore any hogshead, cask, or package of toground, or bacco, out of any sloop, boat, or other vessel, which, the vessel by distress of weather, shall be forced on ground, or become lea: become leaky, so as such landing be really and bona ky, in which case it may

fide for the preservation of the tobacco laden in such be landed. vessel; and that the same be, with all convenient speed,

carried thereafter to the warehouse or ship, (as the case
sball be,) to which it was designed, without imbez-
XI. Provided also, That if, by any of the accidents

If damaged aforesaid, or negligence of the master or skipper of in its car. any vessel, any tobacco which hath veen viewed and riage to the stamped, shall in its carriage to the ship in which it is ship, so that

the master intended to be exported, receive so much damage as

will not rethat the master of such ship will not receive it on ceive it on board; every hogshead or cask of tobacco so damnifi-board, it ed shall, with all convenient speed, be carried to some shall be car

ried to a Wareho se appointed by this act, and there lodged un-rue

warehouse, til the savner of the said tobacco, or master of the ves- to be repack: sel in which it was damaged, shall have separated the ed, weighed same, and re-packed the good tobacco; and then the and stamped,

without fee: same shall be weighed, and stamped with the weight, but if the by the inspector's attending such warehouse, without owner or fee or reward: But if the owner of such tobacco, or master fails the master of the vessel in which it was damaged, shall

to separate

and re-pack fail or delay to separate and re-pack the same within the tobacco ten days, then the inspectors at the warehouse where in 10 days, such damaged tobacco shall be landed, shall, and they are hereby required and enjoined, to separate, repack, tors shall do weigh and stamp the same; and such inspertors shall ceive a rehave and receive, of the owner of such tobacco, five ward. shillings for each hogshead or cask of tobacco; to be paid by such owner before the said tobacco shall be delivered out for exportation.

XII. And be it enacted, by the authority aforesaid, all tobacco That all tobacco which shall be brought to any of the shall be view. public warehouses herein after mentioned, shall be ed by two in. viewed, examined, and inspected by two persons, to spectors. be thereunto appointed, who shall be called inspectors; which said inspectors shall be appointed in the man. The manner ner following, that is to say: The courts of the seve- of appointral counties within this colony wherein any of the ing them. public warehouses appointed by this act are established, shall and may, and they are hereby required, once in every year, and no oftener, at their respective county courts held in the months of August, or September, or one of them, to nominate and recommend to the governor or commander in chief for the time being, for .so many officers of inspection as are or shall be in their respective counties, four fit and able persons, reputed to be skilful in tobacco, for the execution of the office of inspectors: And where two warehouses

under one and the same inspection, happen to lie in different counties, in that case the courts of each county shall nominate and recommend two for such inspection; which nomination the said courts shall cause to be entered upon record, and the clerks of the said courts shall, and they are hereby required, forth with to transmit a certificate of the same to the secretary's office: And out of the said four persons so nominated and recommended for each inspection, the governor and commander in chief, with advice and consent of the council, shall and may choose and appoint two, to execute the office of inspectors at such inspection: And in default of such nomination and recommendation by the county courts, as aforesaid, the governor and commander in chief, with the like advice and consent, shall and may appoint such persons as he shall think fit, to be inspectors at such inspection for which no nomination or recommendation shall be made, as aforesaid: And also, in case of the death, resignation, or removal of any inspector, the governor or commander in chief shall and may appoint any person, named in the last recommendation from the county court, for that inspection where the vacancy shall happen, to succeed him, until the next nomination and appointment of inspectors: But if either of the personis named in such last recommendation will not accept the said office, in that case the governor or commander in chief may appoint any other person he

shall think fit. Present in XIII. Provided nevertheless, That the inspectors spectors to.., who are now in office, shall continue to act without 10 Novem. taking new commissions, 'til the tenth day of November next. ber next. And for preventing the evil of buying and

selling the said office of inspector, which hath hereto

fore been frequently practised, Penalties on XIV. Be it further enacted, That if any inspector inspectors shall hereafter, accept, receive, or take, directly or selling their indirectly, any fee, gratuity, service, or reward whatoffice. soever, of any person, for resigning or giving up his

office of inspector, he shall not only be for ever disabled from holding the like office, but, for such offence shall forfeit and pay the sum of one hundred pounds: to be recovered with costs, by action of debt, in any court of record within this dominion. And every person, offering and paying, directly or indirectly, any fre, service, gratuity, or reward whatsoever, to any

« PreviousContinue »