Power and

duty of jus

tices and of

ficers, for preventing

the expor

tation of uninspected tobacco.

resides, or at the same court, if sworn at the county court, after he shall be sworn in his office, under the like penalty. And if any justice of the peace shall know, or be informed by any of the said officers, or by any other person, upon oath, of any such tobacco so pressed or packed, in order to be shipped off or carried out of this colony without being inspected as aforesaid, such justice, or by his warrant, any sheriff, under-sheriff, or constable, within the limits of his county, shall have power and authority, and is hereby required, to enter any suspected houses, and to break open all doors, either by day or by night, to search for the same; and finding any tobacco pressed in any cask, chest, or case, that shall not contain two hundred pounds weight of nett tobacco, or any package made up in linen cords or spun yarn, of any weight whatsoever, such justice, sheriff, under-sheriff, or conPersons in stable, respectively, shall seize and destroy the same; whose pos- and the person in whose possession such tobacco shall session such be found, shall forfeit, to the informer, ten shillings be found, li- for every hundred pounds weight, and so in proportion for a less quantity: To be recovered, with costs, in any court of record, if it be twenty five shillings current money, or more; or if under that sum, before any justice of the peace of the county where the fact shall be committed; and such justice shall and may issue an execution either against the body or goods of the offender accordingly: Any law, statute, or custom Vessels may to the contrary, notwithstanding. And any justice of be searched the peace of any county near the place where any ship,

tobacco shall

able to a penalty.

sloop, boat, or other vessel shall ride, upon application to him made by any person, suspecting any tobacco in bulk or parcels to be on board such ship, sloop, boat, or other vessel, shall, and is hereby impowered and required, to issue his warrant, directed to the sheriff, or any constable of this county; and the sheriff or constable shall have full power and authority, and he is hereby required, to enter and go on board such ship, sloop, boat, or other vessel, to search for and seize such tobacco; and the same being seized, shall be brought on shore, and carried before the same or any other justice, who shall cause the same to be the master, immediately weighed and burnt by such sheriff or or any other constable. And if any master or commanding officer sisting the of any ship or vessel, or the skipper of any sloop, boat, or other vessel, or any other person whatsoever,

Penalty on

person, re

officer.

shall resist the officer in the execution of any such warrant, every such master or commanding officer shall forfeit and pay fifty pounds; and every such skipper, sailor, or other person so resisting, shall forfeit and pay ten pounds. And if any action shall be brought against any justice of the peace, sheriff, under-sheriff, or constable, for doing any thing in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be nonsuit, or a judgment pass against him upon a verdict or demurrer, the defendant shall recover double costs.

office, nor

he intermed.

XLVII. And be it further enacted, by the authority No inspector aforesaid, That no person, taking upon himself the capable of office of inspector, shall, during his continuance in that a member of being chosen office, or within two years after he shall be out of his the house of said office, be capable of being elected a member of the Burgesses, house of Burgesses, or shall presume to intermeddle during his or concern himself with any election of a Burgess, or within two Burgesses, otherways than by giving his vote, or shall years after; endeavour to influence any person or persons to give neither shall his or their vote, under the penalty of fifty pounds for dle with any every offence; neither shall any inspector, during the election, untime aforesaid, be, or undertake to be, collector of his less by givmajesty's quit rents, or of any public, county, or par- ing his vote, ish levies, or of any officers fees; nor shall, directly or purchase or indirectly, for himself or any other person, buy or any tobacco receive, by way of barter, loan, or exchange, any to- under penalbacco whatsoever, under the penalty of forfeiting twenty shillings for every hundred pounds of tobacco so bought or received.

nor collect

ties.

XLVIII. Provided, always, That nothing herein But may re. contained shall be construed to hinder any inspector ceive his from receiving his rents in tobacco, which shall be rents in tofirst viewed, examined, and stamped, according to the directions of this act.

bacco.

bribe.

XLIX. And for the further and better direction of Penalty on the inspectors aforesaid in their duty, Be it enacted, inspectors That no inspector shall take, accept, or receive, di- taking a rectly, or indirectly, any gratuity, fee, or reward, for any thing by him to be done in pursuance of this act, other than his salary, and the other payments and allowances herein before mentioned and expressed: And if any inspector shall take, accept, or receive any such gratuity, fee, or reward, every such inspector, being thereof convicted, shall forfeit and pay fifty pounds current money: To be recovered, with costs, Y-Vol. 6.

And upon the person offering it.

by any person or persons who shall inform or sue for the same, by action of debt, bill, plaint, or information, in any court of record within this dominion; and moreover, shall be disabled from holding the place or office of an inspector during the continuance of this act: And if any person or persons shall offer any bribe, reward, or gratuity to any inspector, for any thing by him to be done in pursuance of this act, other than the fees and allowances herein before mentioned and appointed, every person so offending, and being thereof convicted, shall, for every such offence, forfeit and pay the sum of ten pounds current money: To be recovered in any court of record within this dominion: One half of which said forfeiture shall be to our sovereign lord the king, to and for the use of such inspector refusing such bribe or reward; and the other half to the person or persons who will inform or sue for the same. Inspectors L. And be it further enacted, That when any person paying away shall be entitled to receive a hogshead of tobacco by open it, if re- virtue of any inspectors notes or receipts, the inspecquired. tors shall be obliged to open the hogshead, and shew

tobacco shall

Method to

be taken, if

such tobacco to the person demanding the same, if required, whether such tobacco be crop or transfer; and if such person shall refuse to accept of the tobacco offered or tendered in payment, as bad, unsound, t be refused. and unmerchantable, such person so refusing and not accepting thereof, shall make immediate application to any three justices near or nearest to the warehouse at which the tobacco so refused shall be offered or tendered in payment, who are no ways related to the parties nor concerned in interest, and the said justices shall take an oath before some other justice of the said county, (which oath such justice is hereby impowered and required to administer,) carefully to view and examine the said tobacco, and, to the best of their skill and judgment, not to pass any tobacco that is not sound, well-conditioned, merchantable, and clear of trash, according to the directions of this act; and that they will therein do their duty according to their judgment and conscience, without fear, favour, affection, malice, or partiality: which said three justices so sworn, are hereby directed, impowered, and required, upon such application, to repair to the warehouse where such tobacco shall be offered or tendered in payment, and carefully to view and examine the same, in such manner as they shall think fit; and if any two of

No other to

bacco shall

tobacco re

them shall adjudge the tobacco so tendered in payment, to be bad, unsound, or unmerchantable, to cause the same to be immediately burnt; and for their trouble, the said three justices who shall be present at such view, shall be paid, by the inspector or inspectors who offered the same in payment, five shillings each; and if the said justices, or any two of them, shall adjudge the said tobacco so tendered or offered in payment, to be good, sound, and merchantable, according to the directions of this act, the said justices so attending, shall be paid, by the party desiring such view, five shillings, as aforesaid: And when any tobacco shall be tendered or offered in payment by any inspector, be tendered and refused, the said inspectors shall not be at liber- or received ty to tender or offer in payment, nor the person de- in lieu of the manding the same to receive, any tobacco in lieu there- fused, 'til of, before such tobacco shall have been viewed as afore- that hath said; but the person refusing shall immediately mark been viewed, the same: And if any inspector shall offer or tender in under a penalty both uppayment any tobacco in lieu of the tobacco so refused, on the inbefore the same shall have been viewed as aforesaid, spector and or shall not produce the same tobacco so refused, to receiver. the said justices, in either case it shall be taken for a conviction that the tobacco first tendered in payment was bad, unsound, and unmerehantable; and moreover the said inspectors shall forfeit and pay ten pounds for every such offence: And if the person who shall refuse any hogshead of tobacco as'aforesaid, shall accept or receive another hogshead of tobacco in lieu of that refused, before such hogshead so refused shall be viewed, as aforesaid, he shall forfeit and pay ten pounds for every such hogshead.

ticulars.

LI. And be it further enacted, That when any new The duty of inspector or inspectors shall be appointed at any of inspectors the said warehouses, such inspector or inspectors declared, in shall, and they are hereby required, to give to the several par person or persons whom they shall succeed, a receipt, with his or their hands subscribed, containing the numbers, marks, tare, gross, and nett weight of all and every hogshead or cask of tobacco, which shall be then remaining at the warehouse or warehouses at which they are appointed inspectors; with the delivery and payment of which said hogsheads or casks of tobacco so remaining, he or they shall, from thenceforth be chargeable and liable; but he or they shall in no wise be accountable or answerable for the loss of

weight, or for quality, of tobacco contained in any hogshead for which such receipt was by him or them so as aforesaid given: And if any hogshead or cask of tobacco shall hereafter be received by any person or persons whatsoever, and delivered out of any of the said warehouses, for exportation, by the inspector or inspectors attending the same, such inspector or inspectors, from the time of such delivery, shall be for ever discharged and acquitted from all actions, costs, and charge, for or by reason of the tobacco contained in any such hogshead or cask being unsound and unmerchantable, or of less quantity than the notes or receipts given for the same: Any thing herein before contained to the contrary, notwithstanding. And when any prized tobacco shall be brought to any public warehouse, in order to be shipped on freight, and the inspectors there attending shall refuse to pass such tobacco, unless such as shall be bad and unmerchantable shall be picked and separated from the rest; or where any light crop tobacco shall hereafter be brought to any of the said warehouses; in either case the said inspectors, if required, shall permit the owner or other person bringing such tobacco to make use of one or more of their prizes, for the re-packing, prizing, or making heavier such tobacco, without fee or reward: And if there shall be several hogsheads of tobacco, belonging to several owners, to be picked, repacked, prized, or made heavier, at any public warehouse, the owner or other person bringing the same, whose tobacco shall be first viewed, and refused or found light, shall be first permitted and allowed to make use of such prize or prizes: And the same rules shall be observed in the prizing all tobacco which shall be picked, repacked, prized, or found light as aforesaid: And for all tobacco repacked and prized by the owner thereof, or the servants and slaves to him belonging, there shall be paid to the inspectors thereof only three shillings for stamping; and for all tobacco repacked and prized by the inspectors, five shillings for each hogshead, and also six pence for nails, unless the proprietor shall find and provide nails: And no inspector shall take, or convert to his own use, or otherwise dispose of, any draughts or samples of freight or crop tobacco, but the same, (if fit to pass) shall be put into the hogshead out of which it was drawn; under the penalty of forfeiting twenty shillings for every