draught so taken away, contrary to the directions of this act: to be recovered before any justice of the peace of the county wherein such offence shall be committed: And all inspectors, if required, shall alter the mark and number of any hogshead of tobacco for which they have before given a receipt; and for preventing confusion and mistakes, shall keep a waste book, in which shall be entered the marks and numbers of all hogsheads of tobacco received by them; and another book, in which shall be entered the marks and numbers thereof, when the same shall be delivered out by them: And all inspectors, when required, shall be obliged to prize any hogshead of tobacco under nine hundred and fifty pounds nett, so as to make it up that weight; but shall receive the same fee upon such hogsbead as for transfer tobacco, and may make the lawful abatement of the tobacco prized in. And where any tobacco shall be brought to any warehouse by the overseer of the owner thereof, the inspectors shall give notes and receipts in the name of the owner, and not of the over

seer.

tured before

such tobacco

to the ware

before it

LII. And for preventing the cutting and manufac- No tobacco turing bad, unsound, and trash tobacco, Be it further shall be cut enacted, by the authority aforesaid, That from and after and manufac the passing of this act, no person whatsoever shall it has been cut, manufacture, and prize into any hogshead or cask, inspected. any tobacco which shall not have been viewed, examined, and passed, at some or one of the public warehouses, before the same shall be cut and prized: And Persons every person bringing any hogshead or cask of cut bringing and manufactured tobacco to any warehouse to be viewed, stamped, and passed, shall, before the same house, shall be viewed and examined or stamped, make oath, be- make oath, fore the inspectors of the warehouse to which the same shall be brought, or one of them, (which oath the said inspectors, or one of them, is and are hereby impowered and required to administer,) That all the tobacco, cut and manufactured, contained and prized in such hogshead or cask, was, before the same was cut and prized, viewed, examined, and passed at some or one of the public warehouses in this colony; and that, to his knowledge, privity, or direction, no other tobacco hath been packed or prized in such hogshead or cask, and it shall not be lawful for any inspectors to view, pass, and stamp any hogshead or cask of cut and manufactured tobacco, before such oath be taken

shall be

passed.

offenders.

Penalty on by the person bringing or owning the same: And if any person shall presume to cut and manufacture any tobacco which shall not have been first viewed, examined, and passed at some or one of the public warehouses as aforesaid, in breach of this act, and of the said oath, every such person so offending, and being thereof lawfully convicted, shall forfeit and pay for every such offence, ten pounds; and moreover shall suffer as in case of wilful and corrupt perjury.

Light hogsheads or

the owner,

LIII. And be it further enacted, That any light hogshead or parcel of tobacco, after the same shall be passparcels of to- ed at any public warehouse and not stamped, shall and bacco may may be delivered out by the inspectors to the owner be delivered of their notes, and such tobacco may be carried away, out by the inspectors to for the better sorting and stemming or cutting the same; provided that such tobacco shall not be shipped off until it shall be again inspected, passed, and stamped; for which the inspectors shall receive the established fees; under the same penalties as are herein before inflicted, for shipping off, and taking on board any ship or other vessel, tobacco not inspected, viewed, and stamped, according to the directions of this

but shall be again in

spected before it shall be shipped.

Owners of transfer notes may receive and mark hogs

heads, and inspectors shall give

crop notes, and be an

such hhds.

as for crop

act.

LIV. And be it further enacted, That the owner of any transfer notes may, at any time before the first day of October in every year, receive and mark hogsheads of tobacco for satisfying such notes; and the inspectors shall take in their former notes, and deliver crop notes and receipts for such hogsheads, and shall be answerable for the safe keeping thereof, in the same manner as they are for crop tobacco; but the person swerable for receiving such hogsheads shall pay to the inspectors five shillings and six pence for the inspection and nails for every hogshead, that is to say, two shillings and six pence down, and three shillings when the tobacco shall be delivered: And the inspectors shall, at the court held for their county in the month of October, yearly, or if there be no court in that month, then at the next court held for their county, lay before the court an account, upon oath, of all the transfer notes that were not by them taken in and received before the said first day of October; and after such account exhibited, and oath made, shall sell the tobacco in such notes contained, deducting the allowance for shrinkage and wasting, at public auction, at the door of the court house, between the hours of twelve and

tobacco, the owner pay ing 2s. 6d. down, and 38. on delivery.

Inspectors shall, upon oath, lay before the

county court in October,

or at the

next court,

an account

transfer to

money to the

and

two: and the inspectors shall pay the money arising of all the by such sale in satisfaction of their notes, from time bacco in to time, to the proprietors thereof, making their de- their hands, mand, under the same penalty as is inflicted for not and shall sell paying inspectors notes: And all inspectors shall keep the same, and pay the a just and true account of the tobacco gained or saved, upon the allowance made for cask, or for shrinkage owners; and of transfer tobacco: And if any tobacco shall be so shall also acgained or saved, shall exhibit an account thereof, up- count for an on oath, in the same manner as is before directed con- bacco gained cerning transfer tobacco not received, and shall also for cask or sell the tobacco so gained and saved, in the same man- shrinkage, ner as is directed for the sale of transfer tobacco; and and pay the shall account for the money arising by such sale to the treasurer of this colony for the time being, in their next account with him, and the said treasurer shall account for the same to the General Assembly; and no inspector shall convert any tobacco so gained or saved, to his own use.

money to the treasurer.

To account

LV. And be it further enacted, by the authority afore- with the said, That all inspectors shall, annually, before the treasurer betenth day of November in every year, account with fore the 10th the treasurer of this colony, upon oath, for all monies of November yearly. received, or which ought to be received by them, by virtue of this act, (except the money paid for nails,) for every hogshead of transfer tobacco; in which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements, in pursuance of this act.

breach of du

LVI. And for the better detecting of inspectors, Inspector who shall not do their duty, and the more speedy and guilty of a easy examination into complaints against them; Be it ty; how to be further enacted, That any two justices of the peace, proceeded not being inspectors, shall have power to hear all against. complaints against any inspector within their county, and to take the depositions of witnesses upon the matter of such complaint, on both sides; which shall be transmitted by them to the governor and council, for their determination: And to the end such depositions may be taken in the best manner, the clerk of the county, or some sufficient person by him to be appointed, shall attend the said justices for that purpose, and be paid by the county the same fee, as is or shall be by law established for attending the examination of witnesses upon a Dedimus Potestatem; and moreover, any two justices shall have power to visit all or any

of the public warehouses within their county, and if they shall discover any negligence in the inspectors, either in securing the tobacco, or stowing the same away in a proper manner for saving the room in such houses; or that they do not keep a sufficient number of hands for dispatching the business; or do not attend constantly, according to the direction of this act; or that they are guilty of any other breach or breaches of their duty; the said justices shall certify the governor and council thereof: And if any inspector shall be adjudged guilty of a breach of his duty, he shall be removed from his office, and for ever after be incapable of serving as inspector. And if any inspector shall be removed from his office, upon a complaint and proIf removed secution against him in the method by this act prefrom his of scribed, he shall be liable to the action on the case of fice, shall be the prosecutor, for his necessary costs and expences liable to an in such prosecution, in which the prosecutor shall reaction of the cover his full costs of suit; and every inspector shall prosecutor for his costs, moreover be liable to the action of the party grieved for all loss and damage that may happen or arise to any person by occasion of any failure of duty, or neglect of any such inspector; in which action the plaintiff shall recover his fall costs altho' the damages do not exceed forty shillings.

and of the

party griev ed for his damages.

and how to

be recover

ed.

LVII. And be it further enacted, by the authority aforesaid, That all the penalties and forfeitures in this act contained, and not herein before particularly Penalties ap- appropriated, shall be, one moiety to our sovereign propriated, lord the king, his heirs and successors, to be applied towards defraying the charges of the execution of this act, and the other half to the person who shall inform or sue for the same; and shall and may be recovered, with custs, by action of debt or information, in any court of record within this dominion, where the penalty or forfeiture exceeds twenty five shillings, or two hundred pounds of tobacco; and where the same does not exceed those sums, before any justice of the peace of the county where the offence shall be committed.

LVIII. And whereas ill-disposed persons may be encouraged to offend against the laws herein before recited, and now in force, For amending the staple of tobacco, and prevensing frauds in his majesty's customs, in hopes to escape punishinent by reason of the expiration of the said laws; for preventing whereof, Be it enacted, by the authority aforesaid, That all penal

former acts

ties and forfeitures laid and imposed by any of the said Penalties recited laws, and all breaches and offences against imposed by the same, shall and may be sued for and prosecuted may be sued and judgments given in such suits and prosecutions, for, and renotwithstanding the said laws shall be expired at the covered, aftime of the prosecutions begun or judgments given, ter the expiin the same manner as such suits and prosecutions such acts. might have been commenced and judgments given, in case the said laws were not expired: Any law, statute, custom, or usage to the contrary thereof, in any-wise, notwithstanding.

ration of

Within a

year after

LIX. Provided always, That such prosecution be commenced within one year after the offence commit- the offence ted.

LX. And be it further enacted, That this act shall continue and be in force, from and after the passing thereof, for and during the term of four years, and from thence to the end of the next session of Assembly.

committed. Continuance of this act.

CHAP. LII.

An Act, for continuing the Act, intituled, An Act for reducing the laws made for laying a duty upon liquors, into one act of Assembly.

I. WHEREAS the act of Assembly, made in the Preamble. nineteenth year of the reign of his present majesty, intituled, An Act for reducing the laws made for laying a duty upon liquors, into one act of Assembly, will expire on the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one; and it being necessary and expedient that the same shall be further continued:

II. BE it therefore enacted by the Lieutenant Govern- Former act or, Council, and Burgesses, of this present General As- continued sembly, and it is hereby enacted, by the authority of the for 4 years, same, That the said recited act of Assembly shall con- 10th June tinue and be in force, from the tenth day of June, 1751.

Z-Vol. 6.

from the