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inspector to resign his said office, shall, for the said offence be for ever disabled from holding the office of inspector within this colony.
ŠV. Provided always, That no justice of the peace, No Justice, being an inspector, or recommended to be an inspect being an in. 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
Same In. mended as aforesaid, and executing the office of in
spector respector, 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 con
act without a tinue in the said office for another year, without any mission.
new Com. new commission; and so from year to year, so long as he shall be so recommended as aforesaid.
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 trasl; 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, wel 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.
Where to be Which oath shall and may be taken before the goverataken. If sworn be.
or or commander in chief of this colony for the time fore the
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 bis office, he shall produce a certificate, if sworn beand lodge it fore the governor or general court, as the case may with the be, of his taking such oath; which certificate, shall be Court clerk. lodged with the clerk of the county where such inPenalty for spector shall be. And if any person sball 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 or oath ta
forfeit and pay five hundred pounds. ken. How long
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 wareWarehouses. houses under their charge, froin the tenth day of No
vember, 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 Penalty for so delivered: And every inspector neglecting to atneglect.
tend 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 tubabco to the warehouse whereof he is inspector, their own the same shalì not be passed or stamped, unless it be Tobacco to first viewed, examined, and found good, and qualified
house. as 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.
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 all Tafor the discharge of any public or private debt or con
bacco ra. tract, 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
Tobacco county wherein such inspectors shall officiate, and in
'.payments, 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.
Tobacco for dred pounds the tobacco therein contained shall weighi, each hogs after the same shall be viewed and passed, so as such Every trans, allowance does not exceed thirty pounds of tobacco fer Hogs.
for each hogshead; And the said inspectors shall, and head to con- they are hereby obliged, to make every hogshead by tain 950lbs.
them paid away in discharge of any note by them given nett Tobacco, at least. as aforesaid, to contain nine hundred and fifty pounds Five shillings of nett tobacco, at the least; and for every such hogsfor inspect: head of tobacco by them paid away, well lined and for nails, to nailed, fit for shipping, there shall be paid, by the perbe paid for son receiving such logshead, five shillings for insuch hogs- specting, and six pence for nails; which said sum of head.
six pence the said inspectors shall and may retain in
their hands for their own use, to reimburse them the With an al- expence of providing nails: And the person demandlowance for ing or receiving tobacco in discharge of notes, as aforecask, and said, shall allow to the inspectors thirty pounds of toshrinkage. bacco for each bogshead so received, for the cask, and
two pounds of tobacco for every hundred pounds of tobacco contained in such notes, and so proportionably for a greater or lesser quantity, for shrinkage and wasting, if the said tobacco be paid within two months after the date of the note given for the same: and one pound of tobacco for every hundred, for every month the same shall be unpaid after the said allowance; so as such allowance for shrinkage and wasting do not exceed, in the whole, six pounds of tobacco for every
hundred: And if any inspector or inspectors, by whom Inspectors rafusing or any such notes for tobacco, as aforesaid, shall be signdelaying to ed, shall refuse or delay to pay and satisfy the same, pay their • when demanded, every inspector so refusing or delayforfeit dou. ing, shall forfeit and pay, to the party injured, double the val. ble the value of the tobacco so refused or delayed to uç, to the be paid: to be recovered with costs, in any court of party griev- record within this dominion, if the note or notes so ed. How to be
refused or delayed to be paid, exceed two hundred recovered. p unds of tobacco, and if the said note or notes do not
exced two hundred pounds of tobacco, the double
value aforesaid shall and may be recovered before any All crop
justice of the peace of the county wherein the ware.
house shall be, at which the note or notes ought to be hogsheads passed by paid. the inspect XIX. And be it further enacted by the authority aforeor, shall be, said, That all tobacco brought to any of the said warethe inspect- houses in hogsheads or casks to be exported, on acors shall give count and for tho use of the owner thereof, after the Teceipts, & same shall have been viewed, examined, and weighed,
upire. qist, give
and found to be good, shall be stamped, as herein be- take three fore directed: and the said inspectors, or one of them, shillings fer sball deliver to the person bringing the same, as ma- the same: ny receipts, signed as aforesaid, as shall be required for the number
of hogsheads so brought and stamped, in which shall be expressed, whether the tobacco so received, be sweet scented, or Oronoko, stemmed, or leaf; and for every hogshead and cask brought to any of the said warehouses to be exported, on account and for the use of the owners thereof, there shall be paid to the inspectors there attending, three shillings, for viewing, examining, and stamping the same; and the owners of the said tobacco shall find and provide nails Owners for the nailing thereof: And if any inspector or in- provide spectors shall alter, change, or deliver out any hogs- Inspears head or cask of tobacco, other than the hogshead or changig Cask for which the receipt, to be taken in, was by him crop torce or them given, such inspector or inspectors shall not co, sh for only forfeit and pay the double value of such hogshead the lue, & or cask so altered, changed, or delivered out; but he theiponds. or they shall moreover forfeit his or their bonds respectively, given for the due execution of his or their Tb shall, ollice. And all inspectors shall, and they are hereby obliged, if required, to take in any receipt or receipts thsfer by them given for tobacco, and after having weighed ytes for such tobacco, to give transfer notes for the same, with eads, with an allowance of four per cent. for the cask, so as suchın allowance allowance does not exceed thirty pounds of tobaccçor the cask. for every cask.
No tender of XX. And be it further enacted, That during th debt lawful,
a tobacco continuance of this act, no tender of any debt or dut, unless in inpayable in tobacco, shall be accounted lawful, unles spectors payment of the same be tendered in inspectors nots, notes or re
ceipts. or receipts.
No steamed XXI. And for restraining the undue practice of tobacc not mixing trash with stemmed tobacco, and prevening laid stait,
csks the packing tobacco in unsizable casks; Be it enccted
exceling and declared, That all stemmed tobacco not laid strait, fortæight whether the same be packed loose, or in bundles, shall incis in the be accounted unlawful tobacco; and that no tobacco, lenh of the packed in hogsheads which exceed eight and forty in
in es at the ches in the length of the stave, or thirty inches at the hi, shall head, within the crow, making reasonable allowance ps. for prizing, (which allowance shall not exceed two in- , ches above the guage in the prizing head,) shall be passed or received: but the owner of such tobacco packed in casks of greater dimensions than before ex
sta', or 30