into bond with good security, in the penalty of ten Inspectors thousand pounds, payable to the governour for the to give bond. time being, and his successours, to the use of the commonwealth, with condition for the true and faithful performance of his duty according to law.

out.

And if

any person shall presume to execute the office of an inPenalty for spector of tobacco, after the said tenth day of October acting withnext, without having previously given such bond, and taken the oath prescribed by law, he shall forfeit and pay five thousand pounds; one moiety thereof to the use of the commonwealth, and the other moiety to the use of any person who will sue for the same; to be recovered with cost, by action of debt or information, in any court of record.

Inspection fees.

Storage.

And be it farther enacted, That there shall be paid to the inspectors at each of the said warehouses, twen→ ty two pounds of tobacco for every hogshead of tobacco by them inspected, to be paid by the owner at the time of receiving and inspecting the same. That the inspectors at each warehouse shall, in lieu of the allowance now by law given for storage, pay to the proprietor thereof four pounds of tobacco for each hogshead so received and inspected; and for all tobacco lying more than twelve months, at the rate of six pounds of tobacco a year for each hogshead, to be Re-prizing. paid by the shipper. There shall be paid the inspec tors for every hogshead which shall be reprized, for reprizing and finding nails, fifteen pounds of tobacco, to be paid by the proprietor; for every hogshead priz ed up and exchanged for transfer notes, and finding nails, fifteen pounds of tobacco to their own use; and the shipper of every such hogshead of tobacco shall pay to the inspectors at the time of shipping the same, four pounds of tobacco for storage, to the use of the proprietor of the warehouse from whence such tobacco shall be shipped. The grand jury at the session of Grand jury the general court in the month of October. in every to fix the year, shall estimate the current price of transfer tobacco, at which rate the tobacco herein before respectively mentioned shall be paid in money: And the clerk of the general court shall immediately after each estiTobacco on ́mate made, transmit a copy thereof to the several inspectors within this state for their direction. All tobacco found on board any vessel in casks, bulk, or parcels, for which no manifest is given (except where

value of to

bacco sala-
ries and fees,
in money.

board ves

sels, in bulk
or parcels
forfeited.

nalty for.

Penalty on inspectors failing to attend ware

it may be carried from one plantation to another, or water borne to be inspected) or where any tobacco Exceptions. pressed or packed to be shipped off without being inspected, in either case all such tobacco shall be forfeited, and may be seized by any person whatsoever. And the master or skipper, if a white man, offending herein, shall moreover forfeit three times the value of such tobacco, to be recovered with costs, by action of Penalty. debt or information, in any court of record, by any person who will sue for the same; and if the skipper is a slave, he shall receive thirty nine lashes, and his master be liable to the above-mentioned penalty. If any Inspectors giving reinspectors shall give a receipt for tobacco not actually ceipts for received, or shall purchase, either directly or indirect- tobacco not ly, any tobacco, every such inspector shall, in either passed, or dealing in case, forfeit three times the value of such tobacco to tobacco, peany person who will sue for the same, to be recovered as aforesaid, and moreover be deemed incapable of holding his office. If any inspector shall neglect to attend at his warehouse, not having a reasonable excuse, he shall forfeit and pay fifty pounds of tobacco for every day he shall fail to attend, to any person who houses. will sue for the same, to be recovered by warrant before any justice of the peace in the county where such inspector resides, and moreover be liable to the action of the party injured. If any warehouse be burnt by If warehouse the common enemy, the loss sustained thereby shall burnt, by enemy, pubnot be made good by the publick. If any inspectors lic not liashall neglect to pay the proprietors of warehouses the ble. rents of the same at the time required by law, it shall Remedy, by proprietors, be lawful for any court of record, upon motion to give judgment against such inspectors for the penalty of spectors for their bond, and award execution thereupon, provided rents. they have ten days previous notice of such motion; but such judgment may be discharged by accounting for and paying what shall be really due, within one month. And be it farther enacted, That the county court of Elizabeth Čity shall recommend, once in every year, Elizabeth to the governour or chief magistrate for the time be- City to reing, two proper persons for the purpose of inspecting, commend reinspecting, or repacking of tobacco in the said county, which tobacco shall be at the risk of the proprie- ly. tor or proprietors thereof; and the inspectors shall be entitled to receive for their trouble, six pounds for each hogshead, from the person employing them. And be

against in

County of

two inspec

tors annual

spectors at

same ware

house, to

it farther enacted, That no two principal inspectors No two in- belonging to the same warehouse shall be obliged to perform militia duty out of their county at the same time; but when any two such inspectors shall happen perform mi- to be in a division or divisions called out at the same litia duty at time, they shall cast lots which of the two shall perform a tour of duty; and every inspector excused from service on such casting of lots, shall perform his tour of duty when the division to which he may belong shall be next called into service. So much of every act and acts as comes within the purview of this act, is hereby repealed.

same time.

The one to

perform, to be decided by lot.

And be it farther enacted, That so much of the act entitled "An act for reviving several publick wareContinuance houses for the inspection of tobacco, and for other pur

of act.

poses," and of two other acts passed in May and October, one thousand seven hundred and seventy nine, as is not repealed by this act, shall continue and be in force, from and after the expiration thereof, together with this act, until the last day of September, one thousand seven hundred and eighty one, and from thence to the end of the next session of assembly: Provided Proviso as to always, That nothing in this or the said acts containwarehouse ed, shall be construed to affect the estate or right of in Alexan- the proprietor in the land whereon the warehouses in the town of Alexandria stand, after the term of eighteen months from the passing of this actes

dria

Preamble

CHAP. XVII.

An art for altering the salaries heretofore given to the judges of the Superiour courts.

WHEREAS the separation of the judiciary from the legislative power is esteemed in the Declaration of Rights as one of those leading canons which ought to be the foundation of government; and the constitution of the commonwealth hath, in conformity to this principle, forbidden that the one shall at any time encroach

1

rated in to

upon the other; but from the circumstances of the times it has heretofore become, and is now again necessary to vary the stipends annexed to the judiciary department, Be it enacted by the General Assembly, That the Salaries of salaries given by any act of assembly now in force to judges of the judges of the high court of chancery, of the gene- High Court of Chancery, ral court, and of the court of admiralty, shall cease on General the first day of May, in the present year of our Lord Court, and one thousand seven hundred and eighty; and that from Admiralty, and after that day, there shall be paid in this and every bacco. other year, to each of the said judges, out of the publick treasury, upon a warrant from the auditors of publick accounts, the following sums of money, by the following installments, the first day of June for this year being excepted, to wit: On the first day of September, so much money as shall be equal in value to five thousand pounds weight of merchantable crop tobacco; on the first day of December, the like sum; on the first day of March, the like sum; and on the first day of June, the like sum. And whereas the value of such tobacco can be best ascertained by a jury; but such jury ought to be free from the controul of any of the supreme courts; Be it therefore enacted, That the A jury to esjustices of the county of Henrico. shall at their sessions timate value in the months of September, December, March, and of the tobacco in money. June, in every year (the session in the month of June in the present year excepted) cause a jury to be summoned, consisting of freeholders in some part of the commonwealth, but who are inhabitants of the said county, who shall enquire into and assess upon oath the value of tobacco in current money, at the time of their inquest; which assessment shall regulate the auditors in granting their warrant to the said judges. If no court should be held, or being held no jury impannelled according to the directions of this act, at the days herein before specified, a jury may be summoned and sworn as is above directed, at any session ensuing those days, and the assessment then made shall be the rule for the auditors as aforesaid.

Salaries of governor,

surer, attor

ney general,

the navy,

payable in tobacco.

CHAP. XVIII.

An act for giving more permaneni salaries to the governour, the council, and to the other officers of state.

WHEREAS from the circumstances of the times it has heretofore become, and is now again necessary to members of vary the stipends of the officers in the civil departcouncil,trea- ment of government, and it is expedient to put them on a more permanent footing, Be it therefore enacted auditors, by the General Assembly, That from and after the passcommercial ing of this act, the several officers herein after menagent, com- tioned shall be entitled to, and receive the following missioner of allowances, in lieu of their former salaries, to be paid commission- out of the publick treasury, in quarterly payments, on er of war of warrants from the auditors of publick accounts: To the fice, & clerks governour or chief magistrate, sixty thousand pounds of tobacco per annum: To the members of the privy council, one hundred and twenty thousand pounds of tobacco per annum, to be divided amongst them according to their attendance, on the duties of their of fice: To the treasurer forty thousand pounds of tobacco per annum: To the attorney general, twenty thou sand pounds of tobacco per annum: To each of the auditors of publick accounts, thirty thousand pounds of tobacco per annum: To the commercial agent, thirty thousand pounds of tobacco per annum: To the commissioner of the navy, thirty thousand pounds of tobacco per annum: To the commissioner of the war office, thirty thousand pounds of tobacco per annum: And to the two clerks of the privy council, to the three clerks of the treasury, to the two clerks to the board of auditors, the commercial agent's clerk, to the clerk of the commissioner of the navy, and to the clerk of the commissioner of the war office, each, ten thousand Value of the pounds of tobacco per annum; the value of which shall be fixed and ascertained by the grand jury attending the general court, at the several terms of March, June, grand jury. October, and December, annually; each quarterly payment to be discharged in money according to the said jury's valuation of tobacco, at the preceding term; and so much thereof as shall become due before the gene

tobacco in

money, estimated by