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into bond with good security, in the penalty of ten Inspectors thousand pounds, payable to the governouf for the togivebond. tjme being, and his successours, to the use of the torn* monwealth, with condition for the true and faithful performance of his duty according to law. 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, with- nextj witnout having previously given such bond, and °ut' 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 And be it farther enacted. That there shall be paid fees. 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 Storage. inspectors at each warehouse shall, in lieu of the allowance now by law given for storage* pay to the pro** prietor thereof four pounds of tobacco for eaeh 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 lie-prizing, paid by the shipper. There shall be paid the ins^je^ tors for every hogshead*whteh sie* bereprke^ -?ftftr reprising and finding waiky^ifteieiF poiitid^ ottefe^eeo^ to be paid by th# pmpi3€t®^
ed up and exchanged for transfer notes, and fimdfeig: 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 to^the1117 the general court in the month of October, in every value of to- year, shall estimate the current price of transfer tobacco sala- bacco, at which rate the tobacco herein before respecFiesa^ees, tively mentioned shall be paid in money: And thederk m mon y. ^ ^ generai court shall immediately after each estiTobacco on mate made, transmit a copy thereof to the several inboard ves- specters within this state for their direction* All :tosel&,inbulk <kacco found on board any vessel in casks, bulky-br forfeited.8 parcel for which no manifest is given (except w&ere 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 berein, 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 .InsPectol?8 inspectors shall give a receipt for tobacco not actually felptffoT received, or shall purchase, either directly or indirect- tobacco not ly, any tobacco, every such inspector shall, in either passed, or case, forfeit three times the value of such tobacco to t^bacS/pe* any person who will sue for the same, to be recovered naity for. as aforesaid, and moreover be deemed incapable of holding his office. If any inspector shall neglect to . Penalty on attend at his warehouse, not having a reasonable ex- fJSf^toV cuse, he shall forfeit and pay fifty pounds, of tobacco tend warefor 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 he burnt by If warehouse the common enemy, the loss sustained thereby shall n^£ ^enot be made good by the publick. If any inspectors Hc not liashall neglect to pay the proprietors of warehouses the ble rents of the same at the time required by law, it shall * ^"^et^'r^ be lawful for any court of record, upon motion to give agadst in-' Judgment against such inspectors for the penalty of specters for their bond, and award execution thereupon, provided pents' 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 cq^ Elizabeth City shall recommend, once in every year, Elizabeth ° to the governour or chief magistrate for the time be- City toreing* two proper persons for the purpose of inspecting, commend yeinspecting, or repacking of tobacco in the said coun- t ly, 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 thern. And be
No two inspectors at same ware house, to perform militia duty at same time.
The one to perform, to be decided by lot.
Continuance of act.
Proviso as to
$t farther enacted, Thai no two principal inspectors 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 to be in a division or divisions called out at the same time, they shall cast lots which of the two shall per^ form 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 actj is hereby repealed.
And be it farther enacted, That so much of the act entitled "An act for reviving sfevfcral publick warehouses for the inspection of tobacco, and for other purposes," and of two other acts passed in May and October, one thousand seven hundred and seventy nine, as is Hot repealed by this act, shall continue and be in force, from and after the expiration thereof, together with this act, until the lastdfty*>f Septetnbfcr^ sand seven hundred and eighty one, <and *from to the end of the next session of asseriiblyi always, That nothitig in 'this W the said acts cd, shall be construed to affect the estate or right -of the proprietor in the land whereon the warehouses in the town of Alexandria stand, after thfc term of eighteen mtmths from^h^
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
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 ral court, and of the court of admiralty, shall cease on rfVhmcery, the first day of May, in the present year of our Lord Gourmand one thousand seven hundred and eighty; and that from Admiralty, and after that day, there shall be paid in this and every ^c^in to" 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 to-* bacco; 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 *he tobac' T . v i • • i i /» Y co 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 maybe 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.
An act for giving more permanent salaries to the governour, the council, and to the other officers of state*
WHEREAS from the circumstances of the times it Salaries of jjas jieretofore become, and is now again necessary to ttembers'of vary the stipends of the officers in the civil departcouncil,trea- meat of government, and it is expedient to. put them surer, attor- on a more permanent footing, Be it therefore enacted audifo^r % tke General Assembly, That from and after the passcommercial ing of this act, the several officers herein after men,* agent, com- tioned shall be entitled to, and receive the following STnavy, allowances, in lieu of their former salaries, to be paid commission- out of the pubiick treasury, in quarterly payments, on er of war of- warrants from the auditors of pubiick accounts: To the ^ayable1^8 governour or chie^ magistrate, sixty thousand pounds tobacco, 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 office: To the treasurer forty thousand pounds of tobacco per annum: To the attorney general, twenty thousand pounds of tobacco per annum: To each of the auditors of pubiick 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 tobacco in ke fixed and ascertained by the grand jury attending mateTby811" ^ 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