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court shall

person to

And such

owner, and

estate, in fee

pointed to attend at such warehouses, at the rent set- If they will tled by this act, or which shall hereafter be settled for build, the the same; and in case such owner or proprietor will take bond. undertake the same, then the said court shall, and But if they they are hereby required, to take bond, with one suf- refuse, the ficient security, in a reasonable penalty, payable to value an acre justices shall his majesty, his heirs and successors, with a condi- of land, and tion, for the due performance of such undertaking: agree with And in case such owner or proprietor shall refuse to any other undertake the same, or to give such bond as aforesaid, build upon then it shall and may be lawful for the said justices, it, taking and they are hereby required, to value an acre of the bond. said land for the use aforesaid, and to agree with any other per-. person or persons for erecting and building thereon son, paying such houses, wharfs, and other conveniencies as shall or tendering be necessary, and to take bond, with good security, the valuation from such person or persons, for performing such money to the agreement, and letting such land and houses to the building inspectors at the rent settled, or to be settled, in pur- thereon, suance of this act; and the person or persons with shall have an whom such agreement shall be made, upon paying or simple, in tendering to the owner or proprietor of the said land, the land as the money at which the same shall be valued, as afore- long as such said, and building thereon, according to his or their place shall agreement, shall, from thenceforth have an estate, in warehouse. fec-simple, in such land, during the time such place But if no pershall be made use of for a public warehouse: and in son will build the justices case the proprietor of the said land, or any other per- shall cause son, will not build such houses, wharfs, and conveni- houses, &c. ences on the said land, and let the same to the inspect- to be built, ors at the rent settled, or to be settled, as aforesaid; shall be paid in that case it shall and may be lawful to and for the to the counsaid justices, and they are hereby required, to pay or ty. tender to the proprietor of the said land, the value Where any justices or thereof, according to the valuation before mentioned, others have and to cause to be built thereon such houses, wharfs, built, they and other conveniences, and to levy the charge there- shall also be of upon the inhabitants of their county, and shall take seized in fee and receive the yearly rent established, or to be es- But if the tablished in pursuance of this act, for reimbursing the warehouses County the charge of purchasing the said land, and be discontinbuilding thereon; and from thenceforth, the justices of ued, the prothe said county, for the time being, shall be seized, in turning the fee, of the said lands, in trust, and for the use of the price paid, said county, during the time the said place shall be shall be again seized. made use of for a public warehouse. And where the

be used for a

and the rent

prietor, re

Or paying the principle

terest, de

ducting the

justices of any county court, or any other person or persons, have already built warehouses upon the lands of another person, by virtue or in pursuance of the laws now in force, the said justices, or other person or persons, shall, in like manner, be seized, in fee, of the acre of land upon which such warehouses are built, so long as the said places, respectively, shall be made use of for public warehouses; but if any of the places whercon warehouses are or shall be built by the justices or other persons, not proprietors as aforesaid, shall hereafter happen to be discontinued, the proprietor of the land, returning the price paid for the same, shall be, from thenceforth, seized of his former estate.

XL. Provided always, That where any warehouses sum expend- have been, or shall be built, by the justices, or other ed, with in person as aforesaid, and the first proprietor of the Íand shall desire to have the same again, such proprirates receiv. etor, upon payment of so much money as shall be sufed, shall be ficient to reimburse the said justices or other person restored to the principal money expended, for the purchase of to his former the land and the building such warehouses, with lawestate at any ful interest, deducting the rents received by the said

time.

But upon his failing to repair and build, the

justices shall be again seized.

The justices

shall not

immediate

convenien

ces.

justices or other person, shall be restored to his former estate in the land whereon such warehouses are built; and shall receive the rents afterwards growing due for such warehouses.

·XLI. Provided also, That if any proprietor, so as aforesaid restored to his estate, shall neglect or refuse to repair and build such houses and wharfs as the court shall think necessary, the justices shall be again seized of the fer-simple estate of such land, during the time such piace shall be made use of for a public warehouse; and such proprietor shall not have any benefit of the rents that shall thereafter become due.

XLII. Provided also, That nothing herein contained shall be construed to give power to the said justihave power ces, to take away the houses, orchards, or other imto take away mediate conveniences of any proprietor of land, for the uses or purposes aforesaid; nor to the said inspectors, to keep any horses, cattle, or hogs, at any of the said public warehouses, except in inclosures upon the land tors keep appointed for such warehouses: And if any swine behorses, cat- longing to the said inspectors, or any of them, shall be tle or swine, found at large upon the land appropriated for such wareat the warehouses, or the lands adjoining thereto, it shall and may ept in inclo- be lawful for the proprietors of the said lands to kill, or

Neither shall

the inspec

houses, ex

Swine kept

contrary to

clared to

cause to be killed or destroyed, all such swine. And sures. the justices of the peace of the several counties, in their county courts, shall, and are hereby declared, to this act, may have full power to put in execution so much of this be killed. act as relates to the erecting and building of public Justices dewarehouses, and to regulate all matters concerning have full the same; and to direct the building and repairing of power to such houses, wharfs, prizes, cranes, and other conve- regulate all niences, from time to time, as to them shall seem ne- matters concerning pubcessary and expedient: And where any public ware- lic warehouse or warehouses have been or shall be built so housse. near any river or creek, that the tobacco brought thither may be in danger of being destroyed by the overflowings of such river or creek, the respective courts of the counties where any such warehouse or warehouses are, shall, and they are authorised and required, to direct the floor or floors of such warehouse or warehouses to be raised, in such manner as to them shall seem best: And in case the owner or proprietor of any warehouse shall refuse or neglect to make such buildings, repairs, wharfs, prizes, cranes, floors, and other conveniences, as shall be directed by the said courts, it shall and may be lawful for the said courts to direct the same to be done at the charge of the county; and the justices of the county shall receive a proportionable part of the rent for the use of the county; and if any difference shall arise between such owners and the justices, touching the proportion, the same shall be determined by the governor and council; but if there shall happen to be an immediate occasion to hire houses before others can be built as aforesaid, the rent of such houses shall be paid by the county, and be again re-paid by the public, without any charge upon the landlord. And if, upon the application of the inspectors to their county courts for building and Penalty for making other necessary houses, wharfs, and repairs, neglecting such county court shall refuse or fail to do their duty their duty. therein, every justice so failing or refusing, shall forfeit and pay one thousand pounds of tobacco: To be recovered in the general court, with costs, by action of debt, or information, against such justices, jointly. Losses by XLIII. And be it further enacted, That if any of the fire to be warehouses herein before mentioned shall happen to be made good burnt, the loss sustained thereby shall be made good and by the public, and inrepaired to the several persons injured, by the General spectors inAssembly, at the next session after such loss: And in demnified.

ry ware

house.

worn out, at

so try the

case of such accident, no inspectors shall be sued or molested for, or by reason of, any promissory notes or receipts by them given for any tobacco burnt in the said warehouses, but shall be altogether acquitted and discharged of and from the payment of the tobacco in such notes or receipts mentioned: Any thing herein before contained to the contrary notwithstanding.

Weights and XLIV. And be it further enacted, by the authority scales to be aforesaid, That there shall be kept at every one of the kept at eve- said warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales, with weights to weigh twelve hundred pounds at the least, and a sett of small weights, the same that are or ought to be provided for the standard weights of cach county; and where such scales and Justices to weights are not already provided, or now are or shall provide them where be hereafter worn out, or become unfit for use, the justhey are not tices of the respective county courts wherein any of already pro- the said warehouses are or shall be, are hereby directvided, or are ed and required, to provide the same with all convethe charge of nient speed; and the treasurer of this colony is hereby the public. impowered and required to pay the purchase-money And shall al- out of the public money in his hands; and moreover, weights once the said justices are hereby required and directed, a year by the once in every year at the least, to appoint one or more sandard, and of their number to view the said scales and examine and try the weights at the several warehouses, by the standard weights of the county: And if the said scales and weights shall want repairing, or the weights be found deficient; or differing from the lawful standard. the said justices shall cause the same to be repaired and amended, and the weights made comformable to the standard; and if the justice or justices so appointed shall refuse or neglect to do the same, the justice or justices so refusing, shall forfeit and pay the sum of twenty shillings; and the charge of repairing and amending the said scales and weights, and also for removing the standard to the several warehouses for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their account with the treasurer.

cause them

to be amended.

XLV. And for preventing the clandestine transportation of bad and unmerchantable tobacco from this colony to the provinces of North-Carolina and Maryland, and also for the preventing the exportation of tobacco in bulk or parcels; Be it further enacted, by

the authority aforesaid, That no tobacco whatsoever Persons clanof the growth or production of this colony, shall, dur- destinely carrying toing the continuance of this act, be transported or car-bacco into ried into either of the said provinces of North Carolina N. Carolina, or Maryland, either by land or water, until the same or Maryland, liable to a hath been first viewed, examined, and stamped, at one' or other of the warehouses appointed or to be appointed penalty. in pursuance of this act, nor until due entry thereof shall be made with the officers of the customs in the district wherein the owner of the said tobacco shall reside, and a permit obtained from them for that purpose: And if any person or persons shall presume to carry or transport, or cause to be carried or transported, any tobacco not inspected and stamped, or without having obtained such permit as aforesaid, to either of the said provinces of North-Carolina or Maryland, he or they so offending, shall forfeit and pay five pounds for every hogshead or cask of tobacco, and twenty shillings for every hundred pounds of tobacco in bulk or parcels, transported or carried out contrary to the directions of this act.

XLVI. And be it further enacted, That all sheriffs, under-sheriffs, and constables, who shall be in office at der-sheriffs; Sheriffs, unthe passing of this act, shall, at the first court to be and consta held for their respective counties after the publication bles, to take thereof, take an oath, that if they shall at any time an oath. know, or be credibly informed, or have good reason to suspect, that any tobacco is pressed or packed in any cask, chest, or other package whatsoever; or any tobacco is put on board any boat or vessel, in order to be shipped off without being inspected; or that any tobacco is carrying or carried out of this colony into Carolina or Maryland, without a permit for so doing; they will forthwith make information and a particu lar discovery thereof to the next justice of the peace of the county where such tobacco shall be; and that all sheriffs and under-sheriffs respectively, which shall, after the passing of this act, be appointed or sworn into the said offices, shall, at the time of their being sworn, take the same oath, and obtain a certificate thereof: And every such officer failing so to do, shall forfeit five pounds current money, to the informer; to Penalty in be recovered, with costs, by action of debt or informa- case of failtion, in any court of record within this dominion: Inspectors and every inspector and constable shall take the same the same. oath, at the first court held for the county where he

ure.

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