carried thereafter to the warehouse or ship, (as the case shall be,) to which it was designed, without imbezzlement.

in its car

the master

XI. Provided also, That if, by any of the accidents If damaged aforesaid, or negligence of the master or skipper of 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 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 carwarehouse appointed by this act, and there lodged un- ried to a til the owner of the said tobacco, or master of the ves- to be repackwarehouse, sel in which it was damaged, shall have separated the ed, weighed same, and re-packed the good tobacco; and then the and stamped, same shall be weighed, and stamped with the weight, but if the by the inspectors attending such warehouse, without owner or fee or reward: But if the owner of such tobacco, or master fails

without fee:

tors shall do

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 the inspecare hereby required and enjoined, to separate, repack, it, and reweigh and stamp the same; and such inspectors 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 skiiful in tobacco, for the execution of the office of inspectors: And where two warehouses

Present in

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, forthwith 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 com mander 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 persons 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.

XIII. Provided nevertheless, That the inspectors spectors to, who are now in office, shall continue to act without continue 'til 10 Novem-taking new commissions, 'til the tenth day of November next. And for preventing the evil of buying and selling the said office of inspector, which hath heretofore been frequently practised,

ber next.

Penalties on

office.

XIV. Be it further enacted, That if any inspector inspectors shall hereafter, accept, receive, or take, directly or buying and selling their indirectly, any fee, gratuity, service, or reward whatsoever, 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 fee, service, gratuity, or reward whatsoever, to any

inspector to resign his said office, shall, for the said offence be for ever disabled from holding the office of inspector within this colony.

XV. Provided always, That no justice of the peace, No Justice, being an inspector, or recommended to be an inspect- being an Inspector shall or, shall have, or be allowed to vote, in the nomina- vote in their tion and recommendation of persons to be inspectors, Recommenas aforesaid: And that where any person, once recom- dation. mended as aforesaid, and executing the office of in- Same Inspector, in pursuance of such recommendation, shall commended be again recommended the next succeeding year, the again may same shall be a sufficient appointment to him to continue in the said office for another year, without any mission. new commission; and so from year to year, so long as he shall be so recommended as aforesaid.

spector re

act without a

new Com

XVI. Provided always, That every person ap- Inspectors to pointed, or to be appointed an inspector, by virtue of give Bond. this act, shall, before he enters upon the execution of the said office, enter into bond, with good security, in the penalty of five pundred pounds, payable to his majesty, his heirs and successors, with condition for the true and faithful performance of his duty, accordto the directions of this act; and shall also take the following oath, that is to say,

You shall swear, that you will diligently and care- Their Oath. fully view and examine all tobacco brought to any public warehouse or warehouses where you are appointed to be inspector, and all other tobacco which you shall be called upon to view and inspect, and that not separately and apart from your fellow, but in his presence; and that you will not receive any tobacco. that is not, in your judgment. sound, well conditioned, merchantable, and clear of trash; nor receive, pass, or stamp any tobacco hogshead or cask of tobacco, prohibited by one act of Assembly, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs; and that you will not change, alter, or give out any tobacco, other than such hogsheads or casks for which the receipt to be taken in was given: But that you will, in all things, well and faithfully discharge your duty in the office of an inspector, according to the best of your skill and judgment, and according to the directions of the said act; without fear, favour, affection, malice, or partiality. So help you God.

V-Vol. 6.

taken.

If sworn be

Where to be Which oath shall and may be taken before the govern or or commander in chief of this colony for the time fore the go. being, or before the general court, or in the court of venor, or ge- the county wherein such inspector shall reside: But neral court before any inspector shall enter upon the execution of to produce his office, he shall produce a certificate, if sworn becertificate, and lodge it fore the governor or general court, as the case may be, of his taking such oath; which certificate, shall be lodged with the clerk of the county where such inPenalty for spector shall be. And if any person shall presume to acting before execute the office of inspector, before he has given bond given, such bond, and taken such oath, as aforesaid, he shall forfeit and pay five hundred pounds.

with the

county

Court clerk.

or oath ta

ken.

How long

warehouses.

Penalty for neglect.

XVII. And be it further enacted, That all inspectthey are to ors, to be appointed by virtue of this act, shall conattend at the stantly attend their duty at the warehouse or warehouses under their charge, from the tenth day of November, to the last day of August, yearly, (except Sundays, and the holidays observed at Christmas, Easter, and Whitsuntide, or when hindered by sickness;) and afterwards, they, or one of them, shall constantly attend at the same, (except Sundays) to deliver out tobacco for exportation, 'til all the tobacco remaining there the said last day of August, shall be so delivered: And every inspector neglecting to attend as aforesaid, shall forfeit and pay to the party grieved, five shillings for every neglect; or shall be liable to the action upon the case of the said party grieved, to recover all such damages which he or she shall have sustained by occasion of any such neglect, together with his or her full costs, at the election of Their duty. such party. And all inspectors shall uncase and break every hogshead and cask of tobacco, brought to them to be inspected, as aforesaid; and if they shall agree that the same is good, sound, well conditioned, merchantable, and clear of trash, then such tobacco shall be weighed in scales, with weights of the lawful standard, and the hogshead or cask shall be stamped and marked, with a hot iron, in the presence of the said inspectors, or one of them, with the name of the warehouse at which the tobacco therein contained shall be viewed and inspected, as aforesaid; and also, the tare of the hogshead or cask, and quantity of nett tobacco Another In- therein contained: But if the said two inspectors shall spector to be at any time disagree, concerning the quality of any called, in tobacco, brought for their inspection to any warehouse

under their charge, they shall, without delay, as soon case they as conveniently may be, call from the next adjacent disagree. warehouse or inspection, another inspector, who shall determine the difference, and pass, or reject, such tobacco. And where any inspector shall happen to be sick, and unable to attend his duty, in that case it Or where shall be lawful for any other inspector at any adja- one is sick. cent warehouse, to view, inspect, and pass tobacco, in

Or where

his room. And when any inspector shall bring his they bring own tobabco to the warehouse whereof he is inspector, their own the same shall not be passed or stamped, unless it be Tobacco to first viewed, examined, and found good, and qualified the wareas aforesaid, by the other inspector there attending, and by one or both of the inspectors, as the case shall require, from the next adjacent warehouse.

house.

for all Tobacco re

Tobacco

XVIII. And be it further enacted, That if any to- They shall bacco shall be brought to any of the said warehouses, give notes for the discharge of any public or private debt or contract, the said inspectors, or one of them, after they ceived. have viewed, examined, and weighed the said tobacco, according to the directions of this act, shall be obliged to deliver, to the person bringing the same, as many promissory notes, under the hands of the said inspectors, as shall be required, for the full quantity of tobacco received by them, in which shall be expressed, whether the tobacco so received be sweet scented, or Oronoko, stemmed or leaf; which notes shall bear date the day the tobacco for which the same is given shall be viewed and passed; and shall, and are hereby de- Such notes clared, to be current in all tobacco payments, accord- shall be cur ing to the species expressed in the note, within the rent in all county wherein such inspectors shall officiate, and in any other county next adjacent thereto, and not sepa- in the same rate therefrom by any of the great rivers or bay here- and adjacent in after mentioned; that is to say, James river, below counties. the mouth of Appamattox; York, below West Point; Rappahanock river, below Talliaferro's Mount; or by the great bay of Chesapeak; and shall be transferable from one to another in all such payments, (except as herein is excepted;) and shall be paid and satisfied by the inspector or inspectors who signed the same, upon demand: and for every hogshead of tobacco brought Allowance of to any public warehouse, for the discharge of any pub. four per cent lic or private debt, in good cask, of such dimensions to be made for the hogsas herein after expressed; there shall be allowed by head, so as the inspector thereof to the person bringing the same, not to exafter the rate of four pounds of tobacco, for every hun- ceed 30 lbs.

payments,