collectors. Duty and VII. And be it further enacted, by the authority aforesalary of the said, That the several collectors, appointed to receive the duties aforesaid, shall, from time to time, be accountable and pay the same to the president and masters of the said college of William and Mary, or such other person or persons as shall be by them lawfully deputed; and for receiving and paying thereof, such collectors shall be allowed six per centum: Provided always, That nothing herein contained shall be construed to alter or infringe the powers, privileges, or allowances, of collectors of the said duty of one penny per pound, appointed or to be appointed by the commissioners of his majesty's customs of Great Britain, pursuant to the said act of parliament, made in the twenty-fifth year of king Charles the second, for collecting, levying, and receiving the said duty, or penalties therein mentioned. Proviso. clause. VIII. And be it further enacted, by the authority aforeRepealing said, That all and every other act and acts, clause and clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. ment. IX. And be it further enacted, by the authority aforeCommence- said, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. Preamble. CHAP. XXXVI. An Act for preventing frauds in the customs and in clearing of ships; for ascertaining Collectors and Naval Officers fees; and to prohibit and prevent the casting ballast, or dead bodies, into rivers or creeks. I. FOR preventing frauds and concealments in clearing ships and vessels, and in payment of customs, duties, or impositions, laid upon tobacco, skins, furs, or any other goods, or merchandizes whatsoever, exported out of this colony and dominion: masters of II. BE it enacted, by the Lieutenant-Governor, Coun- Bond to be oil and Burgesses of this present General Assembly, and given by it is hereby enacted, by the authority of the same, That ships enterthe master of every ship or vessel, entering into this ing or lading colony for trade, or being here, is designed to take goods for exon board and lade any tobacco, skins, furs, or other portation, goods or merchandizes whatsoever, in order to export and carry the same out of this dominion, at his entry, and before he be permitted to break bulk, and trade, or to lade and take on board any goods, or merchandizes whatsoever, shall give bond to the naval officer, with one surety, to our sovereign lord the king, his heirs and successors, that he will not depart with his said ship or vessel, from the district or port where she is entered, until payment be made of the several duties, customs, impositions, and fees, accruing due from the said ship or vessel, or for, or by reason of any tobacco, skins, furs, or other goods and merchandizes, shipped and laden in her, nor until the said ship or vessel be duly cleared by the collector and naval officer of the said district or port. feited. III. And be it further enacted, by the authority afore- The sums of said, That if the ship or vessel be under fifty tons, the bond, the said bond shall be for fifty pounds; if above fifty and how fortons, and under one hundred tons, for one hundred pounds; and if one hundred tons, or more, for two hundred pounds; and shall be delivered back upon due clearing with the officers aforesaid, but wholly forfeited, without relief in equity, in case the condition thereof be broken. IV. And be it further enacted, by the authority afore- Oath, upon said, That the master of every ship or vessel, upon clearance. clearing, shall make oath before the officer with whom he clears, (which oath the said officer is hereby impowered and required to administer,) what tobacco, skins, furs, or other goods, or merchandizes, are then shipped and laden on board his ship or vessel, and that he will not afterwards lade or take on board any more tobacco, skins, furs, or other goods, or merchandizes whatsoever, for which any custom, duty, or imposition, is to be paid, or which the law requires to be entered, without a lawful permit for his so doing, from any officer of the district, or port, where the said tobacco, skins, furs, goods, or merchandizes, are to be so laden and taken in. To whom the duties V. And be it further enacted, by the authority aforesaid, That the customs, duties, or impositions acshall be paid. cruing due, for any tobacco, skins, furs, or other goods or merchandizes whatsoever, which shall be shipped or laden on board any ship or vessel, in order to be exported out of this colony, shall be answered and paid to the collector, or receiver of the said customs, duties, or impositions, in the district, or port, where the said ship or vessel rides, when the said tobaccos, skins, furs, goods, or merchandizes, are laden and taken in, and to no other collector, or receiver whatsoever, notwithstanding the same be brought thither from another district or port. Officer's cealments or VI. And be it further enacted, by the authority aforepower in de- said, That upon any suspicion of fraud, or concealtecting con- ment, or that the master of any ship or vessel doth frauds. make a false report of his lading, it shall be lawful for the naval officer, and collector of the district, or port, or either of them, for discovery of the said fraud, or concealment, and for the better finding out the truth of the matter, to examine upon oath, the mate, boatswain or any other of the seamen, belonging to the said ship or vessel, as also, any other person, or persons whatsoever, concerning the lading of the said ship or vessel, as to the said collector, and naval officer, or either of them, shall seem fit and convenient. Collector's fees. VII. And be it further enacted, by the authority aforesaid, That the collectors fees shall be as followeth, that is to say, For entering and clearing any ship or vessel For entering and clearing any ship or ves sel, above fifty tons, and under one hun- For entering and clearing any ship or ves sel of one hundred tons, or above, and l. s. d. 0 10 0 0 15 0 1 50 0 6 026 And that the naval officers fees be as followeth, that Naval offiis to say, For entering and clearing any ship or ves sel of fifty tons or under, except as is before excepted, For entering and clearing any ship or vessel above fifty and under one hundred tons, For entering and clearing any ship or ves sel of one hundred tons, or above, For taking a bond, For a permit to trade, For every loading cocquet here, For a permit to load a ship or vessel for exportation, For a certificate for all imported goods that shall be removed out of one district or river, into another, after they are once landed, to be paid to, the officer of the district from whence the said goods are brought, 0 76 0 10 0 1 50 All which fees shall be paid in sterling, or current money, at five and twenty per cent. cer's fees. owners pay only half VIII. And that the naval officers, and collectors, Virginia for any the services before mentioned, shall charge no more than half of the fees aforesaid, for any ship or vessel wholly belonging to the inhabitants of this country. fees. or greater IX. And be it further enacted by the authority afore- Penalty on said, That it shall not be lawful for any collector or officer tanaval officer, within this colony and dominion, to de. king other mand and take any fee or fees, for any other basiness, fees. matter, or thing, by him done and performed, as collector, or naval officer, or as collector, or receiver of any Virginia duties, than the particulars before enumerated in this act, or to demand and take any greater fee, for any of the particulars before enumerated, than the fee given and allowed by this act for the same: And if any collector, or naval officer, shall offend in either of the premises, and be thereof lawfully convicted, he shall for the first offence, forfeit and pay one hundred pounds; one moiety to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to the party injured, to be recovered with costs, in any court of N-Vol. 6. in three record within this dominion, by action of debt, or information, wherein no essoin, protection, or wager of law, privilege, or more than one imparlance shall be allowed: And if the collector, or naval officer, shall offend a second time, and be thereof lawfully convicted, he shall be thereby disabled in law, and made utterly incapable to hold, execute, and enjoy his place, and office of collector, or naval officer, or any profit or advantage arising therefrom, for ever, and the said place, and office shall, immediately after such conviction, be void to all intents and purposes, as if the said collector or naval officer had been naturally dead, and moreover, shall forfeit and pay to the informer, the sum of twenty pounds, to be recovered with costs, as aforesaid. If the party X. And be it further enacted by the authority aforeinjured does said, That if any person injured by any collector, or not sue with- naval officer, demanding and taking any fee or fees, months, any contrary to this act, shall fail to inform against the other person said collector, or naval officer, for the said offence, within three months after the offence committed, it shall be thereafter lawful for any other person, or persons whatsoever, to prosecute the offender, and recover, any thing in this act before contained, to the contrary, notwithstanding. may. Prosecution must be within a year. A table of the fees in the office. XI. Provided always, That no collector, or naval icer whatsoever shall be impeached, or questioned, for or concerning any offence aforesaid, unless he be prosecuted within one year next ensuing such offence committed. XII. And be it further enacted, by the authority aforesaid, That every collector, or naval officer, withshall be set in this colony, shall be, and is hereby strictly enjoinup and kept ed and required, to set up, or cause to be set up in his office, a fair written table, or copy of his fees, according to this act, and from time to time to continue the same, by setting up a new or fresh table, or copy as occasion requires. XIII. And whereas casting stones, gravel, or other ballast, into rivers, or creeks, must prove dangerous and destructive to navigation, for prevention thereof, The method Be it further enacted, by the authority aforesaid, That of appoint- immediately after the commencement of this act, the ing directors court of every county adjacent to any navigable river, for landing or creek, within this colony, shall nominate and apballast. point one or more fit and able person, or persons, |