warehouses at which he shall be inspector shall stand. But before any inspector shall enter upon the execution of his office, he shall produce a certificate if sworn before the governour or general court, as the case may be, of his taking such oath, which certificate shall be lodged with the clerk of the county where such inspection shall be; and if any person shall presume to execute the office of inspector before he has given such bond, and taken such oath as aforesaid, he shall forfeit and pay five hundred pounds.

The times the inspec

tors are to attend.

XXXIV. And be it further enacted, That all inspectors to be appointed by virtue of this act shall constantly attend their duty at the warehouse or warehouses under their charge from the first day of October to the tenth day of August yearly (except Sundays, and the holydays observed at Christmas, Easter, and Whitsuntide, or when hindered by sickness) and afterwards they, or one of them, shall constantly attend at the same (except Sundays) to deliver out tobacco for exportation, until all the tobacco remaining there the said tenth day of August shall be so delivered; but no tobacco shall be viewed between the said tenth day of August and the first day of October, except such as remained in the warehouse on the said tenth day of August: And every inspector neglecting to attend as aforesaid shall forfeit and pay to the party grieved five shillings for every neglect, or shall be liable to the action upon the case of the said party grieved, to recover all such damages which he or she shall have sustained by occasion of any such neglect, together with his or her full costs, at the election of such party. And all in- Every hogs spectors shall uncase and break every hogshead and head to be cask of tobacco brought to them to be inspected as afore- uncased, said; and if they shall agree that the same is good, sound, viewed, and well conditioned, merchantable, and clear of trash, then stamped. such tobacco shall be weighed in scales, with weights of the lawful standard, and the hogshead or cask shall be stamped in the presence of the said inspectors, or one of them, with the name of the warehouse at which the tobacco therein contained shall be viewed and inspected as aforesaid, and also the tare of the hogshead or cask, and quantity of neat tobacco therein contained: But if the said two inspectors shall at any time dis- Where the agree concerning the quality of any tobacco brought two inspectors disagree. for their inspection to any warehouse under their charge, they shall, as soon as conveniently may be, call in the M-VOL. 8.

and broke,

Inspectors to give receipts.

additional inspector appointed to attend such warehouse, who shall determine the difference, and pass or reject such tobacco; and if he shall pass the same, his name shall be entered in the book kept by the inspectors opposite to the mark, weight, and number, of the hogshead by him passed, together with the name of the inspector at such warehouse who shall officiate with him. XXXV. And be it further enacted, That if any tobacco shall be brought to any of the said warehouses for the discharge of any publick or private debt or contract, the said inspectors, or one of them, after they have viewed, examined, and weighed the said tobacco, according to the directions of this act, shall be obliged to. deliver to the person bringing the same as many receipts under the hands of the said inspectors as shall be required, for the full quantity of tobacco received by them, in which shall be expressed whether the tobacco so received be sweet-scented or Oroonoko, stemmed or leaf, which receipts shall be in the form following to wit: The form of

such receipts.

River

day of

number

17
pounds of transfer

warehouse, the

received of pounds of tobacco, to be deliver

ed on demand to him or his order, according to the directions of the act of assembly, for amending the staple of tobacco, and preventing frauds in his majesty's cusWhere such toms, witness our hands. Shall bear date the day the receipts are payable. tobacco for which the same is given shall be viewed and passed, and shall and are hereby declared to be current in all tobacco payments, according to the species expressed in the receipt within the county wherein such inspectors shall officiate, and in any other county next adjacent thereto, and not separate therefrom by any of the great rivers or bay herein after mentioned, that is to say: James river, below the mouth of Appamattox; York, below West Point; Rappahannock river, below Taliaferro's mount; or by the great bay of Chesapeak; and shall be transferable from one to another in all such payments (except as herein is excepted) and shall be paid and satisfied by the inspector or inspectors who signed the same, upon demand; and for every hogshead of tobacco brought to any publick warehouse, for the discharge of any public or private debt, in good cask, of such dimensions as herein after expressed, there shall be allowed by the inspector thereof to the person bringing the same after the rate of four pounds of tobacco for

every hundred pounds the tobacco therein contained shall weigh, after the same shall be viewed and passed, so as such allowance does not exceed thirty pounds of tobacco for each hogshead: And the said inspectors shall, and they are hereby obliged, to make every hogshead by them paid away in discharge of any receipt by them given as aforesaid to contain nine hundred and fifty pounds of neat tobacco at the least; and for every such hogshead of tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the person receiving such hogshead five shillings for inspecting, and eight pence for nails, which said sum of eight pence the said inspectors shall and may retain in their hands for their own use, to reimburse them the expense of providing nails. And the person demanding or receiving tobacco in discharge of receipts as aforesaid shall allow to the inspectors thirty pounds of tobacco for each hogshead so received, for the cask, and two pounds of tobacco for every hundred pounds of tobacco contained in such receipts, and so proportionably for a greater or lesser quantity, for shrinkage and wasting, if the said tobacco be paid within two months after the date of the receipt given for the same, and one pound of tobacco for every hundred, for every month the same shall be unpaid after the said allowance, so as such allowance for shrinkage and wasting do not exceed in the whole six pounds of tobacco for every hundred. And if any inspector, or inspectors, by whom any such receipts for tobacco as aforesaid shall be signed, shall refuse or delay to pay and satisfy the same when demanded, every inspector so refusing or delaying shall forfeit and pay to the party injured double the value of the tobacco so refused or delayed to be paid; to be recovered, with costs, in any court of record within this dominion, if the receipt or receipts so refused or delayed to be paid exceed two hundred pounds of tobacco, and if the said receipt or receipts do not exceed two hundred pounds of tobacco, the double value aforesaid shall and may be recovered before any justice of the peace of the county wherein the warehouse shall be, at which the receipt or receipts ought to be paid.

XXXVI. And be it further enacted, by the authority Receipts to aforesaid, That all tobacco brought to any of the said be given exwarehouses in hogsheads or cask to be exported, on ac- pressingthe count and for the use of the owner thereof, after the bacco. same shall have been viewed, examined and weighed,

kind of to

Three shil

head viewed.

and found to be good, shall be stamped as herein before directed; and the said inspectors, or one of them, shall deliver to the person bringing the same as many receipts, signed as aforesaid, as shall be required for the number of hogsheads so brought and stamped, in which shall be expressed whether the tobacco so received be sweet-scented or Oroonoko, stemmed or leaf; or whether the same is tied up in bundles or not, and where any hogshead hath part leaf and part stemmed shall signify the same at the bottom of such receipt, and they shall not mix stemmed and leaf tobacco in any hogshead which they shall prize and pay away in discharge of their transfer receipts: And for every hogshead and lings to be paid the in- cask brought to any of the said warehouses to be exspectors for ported, on account and for the use of the owners thereeach hogs-, of, there shall be paid to the inspectors there attending three shillings, for viewing, examining, and stamping the same, and the owners of the said tobacco shall find and provide nails for the nailing thereof; and if any inspector or inspectors shall alter, change, or deliver out, any hogshead or cask of tobacco, other than the hogshead or cask for which the receipt for crop tobacco to be taken in was by him or them given, or shall alter or change any such tobacco, although no such receipt shall have been given, such inspector or inspectors shall forfeit and pay fifty pounds for every hogshead or cask so altered, changed, or delivered out. And all inspectors shall, and they are hereby obliged, if required, to take in any receipt or receipts by them given for crop tobacco, and after having weighed such tobacco to give transfer receipts for the same, with an allowance of four per cent. for the cask, so as such allowance does not exceed thirty pounds of tobacco for every cask; provided that such hogshead shall contain at least nine hundred and fifty pounds of neat tobacco, and not mixed leaf and stemmed.

Inspectors Receipts not a lawful

XXXVII. And be it further enacted, That during the continuance of this act no tender of any debt or duTender after ty payable in tobacco shall be accounted lawful unless payment of the same be tendered in inspectors receipts, within twelve months after the date of such receipts.

12 months.

The Manner

of packing

Stemmed
Tobacco,

and the Size
of Hogs.
heads.

XXXVIII. And for restraining the undue practice of mixing trash with stemmed tobacco, and preventing the packing tobacco in unsizable casks, Be it enacted and declared, That all stemmed tobacco not laid straight,' whether the same be packed loose or in bundles, shall be accounted unlawful tobacco; and that no tobacco

packed in hogsheads which exceed eight and forty inches in the length of the stave, or thirty inches at the head, within the crow, making reasonable allowance for prizing (which allowance shall not exceed two inches above the gauge in the prizing head) shall be passed or received; but the owner of such tobacco, packed in casks of greater dimensions than before expressed, shall be obliged to repack the same in sizable casks, at his own costs and charge, before the same shall be received and stamped by the said inspectors.

burnt unless

Month.

XXXIX. And be it further enacted, That when any Refused Totobacco shall be brought to any of the publick ware-bacco to be houses, and refused by the inspectors there officiating, picked by the same shall be immediately burnt by them, unless the Owner the owner or person bringing such tobacco desires to within a sort and separate the same, and to pick out such as is bad; in which case the inspectors shall permit the same to be done, at the warehouse to which the said tobacco shall be brought, without fee or reward; but shall not, on any pretence, suffer the said tobacco to be removed or carried from the said warehouse. And the said inspectors shall allow one month for separating and picking such tobacco; after which time, if the same be not done, it shall be lawful for them to burn the whole, except where the tobacco is in a sweat, or where the circumstances or accidents of weather may have prevented the handling of it, in which case the inspectors shall allow such further time as they shall think reasonable. And where any tobacco shall be separated and picked as aforesaid, the trash and bad tobacco shall be burnt by the inspectors on the same day it is picked out, in the brick funnel erected or to be erected at such warehouse, under the penalty of forfeiting ten shillings for every failure to the informer, recoverable before any justice of the county wherein the warehouse lies. And if any tobacco packed in cask by an overseer, or the hands under his care, shall be burnt by the said inspectors, by reason of its being bad, unsound, or not in good condition, the overseer who had the care of making and packing the same shall bear the loss of the tobacco so burnt, and make satisfaction for the same out of his share of the crop, or otherwise; and the inspectors shall be obliged to keep an account of all tobacco so 'burnt.

Owners of

XL. And be it further enacted, That the owner of any transfer receipts may, at any time before the sale transfer re