Page images

To whom V. And be it further enacted, by the authority aforethe duties, said, 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 VI. And be it further enacted, by the authority aforepower in de- said, That upon any suspicion of fraud, or concealtecting concealments or

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 oatlı, 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 oili

cer, or either of them, shall scem fit and convenient. Collector's VII. And be it further enacted, by the authority aforefees. said, That the collectors lees shall be as followeth, that is to say,

l. s. d. For entering and clearing any ship or vessel

of fifty tons, or under, all vessels trans-
porting goods, or commodities, fror one
district to another excepted, and all fecs
thereunto incident,

0 10 0 For entering and clearing any ship or ves

sel, above fifty tons, and under one hun-
dred tons, and all fecs thereunto inci-

0 15 0 For entering and clearing any ship or ves.

sel of one hundred tons, or above, and
all fees thereunto incident,

1 5 0
For taking a plantation bond, pursuant to
the act of trade, and navigation,

0 26 For a certificate of duties paid upon goods, shipped to the plantations,

0 26

[ocr errors]

is to say,

And that the naval officers fees be as followeth, that Naval offi

cer's fees. For entering and clearing any ship or ves

sel of fifty tons or under, except as is before excepted,

0 7 6 For entering and clearing any ship or ves

sel above fifty and under one hundred tons,

0 10 0 For entering and clearing any ship or vessel of one hundred tons, or above,

1 5 0 For taking a bond,

0 2 6 For a permit to trade,

0 2 6 For every loading cocquet here,

0 06 For a permit to load a ship or vessel for exportation,

0 2 6 For a certificate for all imported goods that

shall be removed out of one district or ri. ver, into another, after they are once Janded, to be paid to, the officer of the district from whence the said goods are brought,

O 2 6 All which fees shall be paid in sterling, or current money, at five and twenty per cent.

VIII. And that the naval officers, and collectors, Virginia for any the services before mentioned, shall charge no owners pay more than half of the fees aforesaid, for any ship or

only half

fees. vessel wholly belonging to the inhabitants of this country.

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

or greater 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 preinises, 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.


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, may witbin three inonths 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. Prosecution XI. Provided always, That no collector, or naval must be oflicer whatsoever sball be impeached, or questioned, within a year.

prosecuted within one year next ensuing such offence committed.

XII. And be it further enacted, by the authority A table of the fees aforesaid, That every collector, or naval officer, with shall be set in this colony, shall be, hereby strictly enjoinup and kept ed and required, to set up, or cause to be set up in his in

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 occasiun requires.

XIII. And whereas casting stones, gravel, or other ballast, into rivers, or creeks, must prove dangerous

and destructive to navigation, føv 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,


residing near or convenient to the place or places where ships, or other vessels usually ride, in such river or creek, to be overseers and directors of the delivery, and bringing on shore, from on board every ship or vessel within their respective districts, all ballast whatsoever, intended to be unladen or delivered; and the clerk of such court shall forthwith issue, and deliver to the sheriff of his county, an attested copy of every such nomination, and appointment, to be by him serv. ed upon every person and persons so appointed, or left at his, or their place of abode, of which the sheriff shall make due return; and thereupon every such son shall appear before the court next thereafter beld for his county, and there make oath and swear, that he will, when required, diligently attend the delivery 'Their oath, of ballast from on board any ship or vessel within his and duty. district, and will not knowingly permit the same, or any part thereof, to be cast into the water, where navigable, but will direct, and to the best of his power, cause all such ballast to be brought and laid on shore, according to law, and that he will truly and faithfully execute his office, without favour, partiality, or malice: And if any person so nominated, and having notice Fine on refu

sal to serve. thereof as aforesaid, unless hindered by sickness, or other legal disability, shall fail to appear before the said court, or being there shall refuse to be sworn, he shall be fined twenty pounds: And such court shall, In cases of upon every such failure, or refusal, or upon the death, death, refuremoval, or other legal disability, of any person ap- sal, &c. pointed and sworn as aforesaid, 'forth with proceed to others to be

appointed nominate and appoint, from time to time, another in his room, who shall take the same oath, and upon failure or refusal, shall pay the like fine; which every such court respectively is hereby authorised and required to cause to be levid by the sheriff, and shall be by him accounted for and paid to the treasurer of this colony

How the fine

shall be le. for the time being, to be applied towards the charge vied and apof clearing rivers, and creeks, or as the general as- plied. gembly shall think fit to direct.

XIV. And be it further enacted, by the authority The officer's aforesaid, That every person so appointed and sworn, duty and fee. upon notice given him by the master of any ship or vessel, when he intends to discharge ballast, shall forthwith go on board and attend, till the same be delivered, which he shall see brought and laid on shore, at such convenient place or places near the vessel,

where it may not obstruct navigation, nor be washed into the channel; and thereupon shall give the master a certificate, that the ballast on board his vessel has been duly unladen and brought on shore, according to law; and for his attendance may demand and receive five shillings, for every day he shall attend as afore.

said, to be paid by the master before certificate given: Penalty on And if any such officer shall neglect or fail to perform failure.

his duty, as by this act directed, he shall forfeit and

pay twenty pounds for every neglect or failure. And on mas.

XV. And be it further enacted by the authority aforeters of ves. said, That every master of a ship or vessel within sels dis.

this colony, having ballast to unlade, shall give no. charging ba!. last contrary

tice thereof in writing, to some officer appointed in to this act. the district where the vessel rides, pursuant to this

act, and appoint the time of such officer's attendance, and at the time of his clearing out, shall produce to the officer of the customs by whom he shall be cleared, a certificate of his having unladen and brought on shore his ballast, as by this act required; and if any such master shall presume to unload any ballast, before notice given as aforesaid, or cast, or suffer the same to be cast overboard, or shall land, or suffer the same to be put on shore, at any other place, or in any other manner, than shall be directed by the proper officer appointed, by virtue of this act, he shall forfeit and pay fifty pounds for every such offence: And if, at the time of his clearing out, he shall fail to produce and deliver to the officer of the customs, by whom be shall be cleared, such certificate as is herein before required, such failure shall amount to a conviction, and he shall be adjudged guilty of breach of this act,

and liable to the said penalty of fifty pounds. Building ma XVI. Provided always, That nothing herein con. terials excepted.

tained shall be construed to prohibit or restrain the master of any ship or other vessel, bringing limestone, chalk, bricks, or stone for building, to lade or put the same on board any other vessel, in order to be carried or transported to any place he shall think fit; and the person appointed to see ballast unladed is hereby required to permit the same to be done, any thing in this act to the contrary, or seeming to the

contrary, notwithstanding. Penalty on XVII. And whereas the masters of ships or vessufferiug sels importing negroes, frequently cause such as die dead bodies

on board, to be cast into the water, to the great

« PreviousContinue »