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money to the

two: and the inspectors shall pay the money arising of all the

transfer toby such sale in satisfaction of their notes, from time

bacco in to time, to the proprietors thereof, making their lie- 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, a just and true account of the tobacco gained or saved,

and pay the 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,

count for and up

sell the toon 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

money to the

treasurer. 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. LV. And be it further enacted, by the authority afore- with the

To account 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.

ivi. 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 wit. nesses 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 bands 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 prosecutor

cover his full costs of suit; and every inspector shall for his costs, moreover be liable to the action of the party grieved and of the for all loss and damage that may happen or arise to party griev. ed for his

any person by occasion of any failure of duty, or nedamages. glect of any such inspector; in which action the plain

tiff shall recover his full costs altho’ the damages do not exceed forty shillings.

LVII. And be it further enacted, by the authority uforesaid. That all the penalties and forfeitures in

tls is act contained, and not herein before particularly Penalties ap- appropriated, shall be, one moiety to our sovereign propriated, lore the king, his heirs and successors, to be applied and how to towards defraying the charges of the execution of this be recovered. act, and the other half to the person who shall inform

or sue for the same; and shall and may be recovered, with costs, 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 frands 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

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 expi

ration of in 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.

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

committed. LX. And be it further enacted, that this act shall

Continuance

of this act. continue and be in force, froin 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.

year after

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

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.

the year

which shall be in the year of our lord one thousand seven hundred and fifty one, for and during the term of four years, from thence next following, and no longer.

JII. And whereas an act for re-building the Capi. Preamble.

tol is passed this present session of Assembly, which will require a considerable sum of money to be raised for putting the same in execution, and the produce of the present duties upon liquors and slaves is found very deficient, and falls short of answering other public debts chargeable thereon; and it appearing to this General Assembly, that the laying an additional duty on liquors imported, will be the most easy expedient for raising a fund to defray the charges of the said re-building, and other public debts:

IV. Be it therefore further enacted, by the authority Additional aforesaid, That for every gallon of rum, brandy, and duty of id, other stilled spirits, and every gallon of wine, which on rum, &c. from and after the first day of January next, shall be Wine im imported and brought into this colony and dominion, ported ex. either by land or water, from any port or place what

soever, except directly from Great Britain, an addiGreat Bri tain, for 4

tional duty of one penny, shall be paid by the owner years; to be or importer thereof, for and during the term of four collected years, from thence next following, and no longer: and paid in And that the said additional duty shall be collected, the same

levied, and paid, in the same manner, within the same the former time or times, and under the same penalties, as the duty. duties of two pence and one penny per gallon upon

rum, brandy, or other distilled spirits, and wine, laid by the said first recited act, are therein directed to be collected, levicd, and paid; and shall also be drawn back upon exportation, and subject to the abatement and allowance of fifteen per cent, when paid in money imported; and shall be, by the respective collectors thereof, accounted for, and paid to the treasurer of Virginia for the time being, in the same manner, at the same time or times, and to the same use or uses, as the said duty of two pence is, by the said first reci. ted act directed and required to be accounted for and paid.

cept from

manner as

CHAP. LIII.

An Act for appointing a treasurer, and other

purposes therein mentioned.

I. WHEREAS by one act of Assembly, made in Recital. the fifteenth year of his majesty's reign, John Robinson, the younger, esquire, was appointed treasurer of the revenue arising by two several acts of Assembly, for laying a duty upon liquors, the one made in the twelfth year of the reign of his late majesty king George the first, and the other made in the fifth and sixth year's of the reign of his present majesty; and by one other act of Assembly, made in the fifth and sixth years of his present majesty's reign, for laying a duty upon slaves, and also by one other act of Assembly, made in the thirteenth year of his majesty's reign, intituled, An Act for laying an additional duty upon slaves, to be paid by the buyers; for encouraging persons to inlist in his majesty's service, and for preventing desertion; to hold the said office of treasurer so long as he should continue speaker of the house of Burgesses; and from the time of his being out of that office, until the end of the next session of Assembly: And whereas the said first mentioned act will expire at the end of this session of Assembly, and it being expedient that a treasurer should be appointed;

II. BE it therefore enacted, by the Lieutenant-Govern- A Treasurer or, Council and Burgesses of this present General Assem- appointed. bly, and it is hereby enacteil, by the authority of the same, That from and after the passing of this act, John Robinson, the younger, esquire, shall be, and he is hereby nominated, constitute), and appointed treasurer of the revenue arising from the duty upon liquors and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An Act for reducing the laws made for laying a duty upon liquors, into

Tenure and one act of Assembly; and by the said act for laying a

duty of his duty upon slaves: To hold the said office so long as office. he shall continue speaker of the house of Burgesses; and from the time of his being out of that office, until the end of the next session of Assembly. And the said John Robinson is hereby authorised, impowered, and

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