head. tain 950lbs. head. With an allowance for cask, and shrinkage. Tobacco for dred pounds the tobacco therein contained shall weigh, each hogsafter 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 nett Tobac: them paid away in discharge of any note by them given co, 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 ing, and 6d. for nails, to nailed, fit for shipping, there shall be paid, by the perbe paid for son receiving such hogshead, five shillings for insuch hogs- specting, and six pence for nails; which said sum of six pence the said inspectors shall and may retain in their hands for their own use, to reimburse them the expence of providing nails: And the person demanding or receiving tobacco in discharge of notes, as aforesaid, shall allow to the inspectors thirty pounds of tobacco for each hogshead 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 any such notes for tobacco, as aforesaid, shall be signed, shall refuse or delay to pay and satisfy the same, when demanded, every inspector so refusing or delaying, shall forfeit and pay, to the party injured, double the val- ble the value of the tobacco so refused or delayed to ue, 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 How to be refused or delayed to be paid, exceed two hundred recovered. pounds 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 justice of the peace of the county wherein the warehouse shall be, at which the note or notes ought to be paid. Inspectors rafusing or delaying to pay their notes, shall forfeit dou ed. All crop hogsheads passed by the inspect- XIX. And be it further enacted by the authority aforeor, shall be said. That all tobacco brought to any of the said warestamped, and the inspect- houses in hogsheads or casks to be exported, on acors shall give count and for the use of the owner thereof, after the receipts, & same shall have been viewed, examined, and weighed, nails. 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 hogshead br shall 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 o for the nailing thereof: And if any inspector or in- provide spectors shall alter, change, or deliver out any hogs- Inspecors head or cask of tobacco, other than the hogshead or changig cask for which the receipt, to be taken in, was by him crop toeor them given, such inspector or inspectors shall not co, she for only forfeit and pay the double value of such hogshead the due, & 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 Th shall, office. And all inspectors shall, and they are hereby i upi reqist, give obliged, if required, to take in any receipt or receipts tasfer by them given for tobacco, and after having weighed ytes for such tobacco, to give transfer notes for the same, with op hogseads, with an allowance of four per cent. for the cask, so as suchin allowance allowance does not exceed thirty pounds of tobaccfor the cask. No tender of for every cask. feit dible a tobacco XX. And be it further enacted, That during th debt lawful, 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, or receipts. notes of re ceipts. No steamed sta, or 30 XXI. And for restraining the undue practice of tobacc not mixing trash with stemmed tobacco, and prevening laid stait, the packing tobacco in unsizable casks; Be it enacted nor ciks exceling and declared, That all stemmed tobacco not laid strait, fortyeight whether the same be packed loose, or in bundles, shall incls in the be accounted unlawful tobacco; and that no tobacco, len of the packed in hogsheads which exceed eight and forty inches in the length of the stave, or thirty inches at the ha, shall head, within the crow, making reasonable allowance ps for prizing, (which allowance shall not exceed two inches 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 ines at the Tobacco re fised by the inspectors sall be tirnt by tem, or Icked at te warebuse. Ge month aowed for piking. pressed, shall be obliged to repack the same in sizable casks, at his own costs and charge, before the same shall be received and stamped by the said inspectors. XXII. And be it further enacted, That when any tobacco shall be brought to any of the public warehous. es, and refused by the inspectors there officiating, the same shall be immediately burnt by them, unless the owner or person bringing such tobacco desires to sort and separate the same, and to pick out such as is bad; in which case the inspectors shall permit the same to be done, at the warehouse to which the said tobacco shall be brought, without fee or reward; but shall not, on any pretence, suffer the said tobacco to be removed or carried from the said warehouse: and the said inspectors shall allow one month for separating and picking such tobacco; after which time, if the same be not done, it shall be lawful for them to burn the whole, except where the tobacco is in a sweat, or where the circumstances or accidents of weather may have prevented the handling of it; in which case the inspectors shall allow such furthor time as they shall think reasonable: and where any tobacco shall be separated and picked, as aforesaid, the trash and bad tobacco shall be burnt by the inspectors on the same day it is picked out, under the penalty of forfeiting five shillings Overseer for every failure, to the informer. And if any tobacliable for co, packed in cask by an overseer, or the hands under damage, it they suffer his care, shall be burnt by the said inspectors, by reabad tobacc son of its being bad, unsound, or not in good condito be pack- tion, the overseer who had the care of making and ed. For revent all tob co tered i backing the same, shall bear the loss of the tobacco to burnt, and make satisfaction for the same, out of is share, of the crop, or otherwise: And the inspectrs shall be obliged to keep an account of all tobac. Cso burnt. XXIII. And to the intent that a just quantity of toing huds in batco exported may be more exactly known, and all the stoms evil practices to defraud his majesty of his customs Weigs of prevented, Be it enacted, by the authority aforesaid, That all inspectors shall carefully enter in a book, to shall ben- be provided and kept for that purpose, the marks, numbers, gross, nett weight, and tare of all tobacco cular ac viewed and stamped by them, as aforesaid, and in counts the what ship or vessel the same shall be laden or put on of to be nt board; and shall also, with every sloop load or boat ships with load of tobacco, send a list of the marks, numbers, the tobace gross, nett weight, and tare of every hogshead of books, rti on board the naval bacco may tobacco then delivered, to be given to the master of the ship or vessel in which the same shall be put on board; and if the tobacco delivered to the same sloop or boat, is intended to be put on board several ships or vessels, then they shall deliver so many distinct and several lists, as aforesaid, of the hogsheads to be put on board such ship or vessel respectively: which lists, every which the naster of a ship or vessel is required to produce to, master shili and lodge with, the naval officer of the district where produce te the ship or vessel, whereof he is master shall ride, or officer. by whom he shall be cleared, sometime before her If the ship be clearance. But whereas it may happen, that the ship, full, the toin which such tobacco was intended to be put may be be put on so full as not to be able to stow all the tobacco con- board other tained in such list; in such case, it shall and may be ships, the lawful to ship the said tobacco, or any part thereof, master endorsing the on board any other ship or ships where the owner quantity by thereof shall think fit, the masters of such ships in- them receidorsing on the said lists, the marks and numbers of ved, and givthe respective hogsheads by them taken on board, and ing the inspectors nogiving notice to the inspectors of the warehouse from tice. whence the same was brought; or if there be no ship Or it may be to receive the said tobacco, then it shall and may be lodged in lawful for the master of the first mentioned ship or warehouse, vessel, to put the said tobacco into any warehouse in and the inthe district where such ship shall ride, giving imme- spectors diate notice thereof to the inspectors who stamped the there shall same; and the inspectors of that warehouse, where give a resuch tobacco shall be delivered, shall give a receipt for the same, and shall cause the said tobacco to be safely lodged, and delivered to the order of the owner thereof, whenever he or she shall think fit to ship it off, and that without fee or reward. another ceipt. or counter &c. XXIV. And be it further enacted, That if any per- Penalty upson whatsoever shall forge or counterfeit the stamp, on forging note, or receipt, of any inspector; or tender in pay- feiting any ment any such forged or counterfeited note or receipt, stamp, note, knowing it to be such; or export, or cause to be ex- or receipt, ported, any hogshead or cask of tobacco, stamped with a forged or counterfeited stamp; or demand tobacco of any inspector upon any such forged or counterfeited note or receipt, knowing such note or receipt, or such stamp, to be forged and counterfeited; or shall put or pack into any hogshead or cask of tobacco, stamped by any inspector, any tobacco whatsoever; or shall draw or take out any stave, plank, or heading Method to be taken where notes Of receipts are lost, mis kid, or detroyed. board, so stamped as aforesaid, of any hogshead or cask of tobacco, after such hogshead or cask of tobacco shall be delivered out from any of the public warehouses aforesaid; every person so offending, and being thereof convicted by due course of law, shall be adjudged a felon, and shall suffer as in case of felony. XXV. And be it further enacted, by the authority aforesaid, That if any inspectors notes or receipts be casually lost, mislaid, or destroyed, the person or persons entitled to receive the tobacco by virtue of any such note or receipt, shall make oath, before a justice of the peace of the county where the same is payable, to the number or date of every such note or receipt, to whom, and where payable, and for what quantity of tobacco the same was given, and that such note or receipt is lost, mislaid, or destroyed, and that he, she, or they, at the time such note or receipt was lost, or mislaid, or destroyed, was lawfully entitled to receive the tobacco therein mentioned, and shall take a certificate thereof from such justice; and upon producing a certificate of such oath to the inspectors who signed such note or receipt, and lodging the same with them, the said inspectors shall, and are hereby directed, to pay and deliver to the person obtaining such certificate, the tobacco for which any such notes or receipts were given, (if the same or any part thereof, shall not have been before by them paid by virtue of the said notes or receipts,) and shall be thereby discharged from all actions, suits, and demands, on account of such notes Penalty for or receipts: and if any person shall be convicted of making a making a false oath, or producing a forged certificate, false oath, or in the case aforesaid, he shall forfeit and pay twenty producing a shillings for every hundred pounds weight of tobacco contained in such certificate; and moreover upon conviction in any court of record, shall suffer as in case of wilful and corrupt perjury. forged certificate. How levies, officers fees XXVI. And be it further enacted, by the authority quit rents, & aforesaid, That all tobacco due, or to grow due and shall be paid. payable, for public, county or parish levies, or for quitrents, or for secretary's, clerks, sheriffs, surveyors, or other officers fees, shall be paid and discharged by transfer notes, in the following manner: that is to say; all levies and quit-rents, shall be paid in some warehouse in the county where such levies are laid, and lands, chargeable with such quit-rents, lie; and all officers fees in the county where the person chargea |