Justice to

whom such head or heads shall be brought, is hereby negroe, or impowered and required to administer such oath or affirmation, or take such other proof and testimony, grant a certias the case shall be, and thereupon to grant the wolf ficate. killer a certificate, reciting his or her name, the number of heads produced, either of old wolves, or of such as, in his judgment, appear not to exceed the age of six months, the time and place when and where the same was or were killed, and that oath or affirmation, or other sufficient proof thereof, hath been before him made; which being produced to the court laying the county levy, shall entitle the party and parties therein named to the reward aforesaid; but no claim or dc-' mand for the same shall be received or allowed without such certificate: And if any person whatsoever shall take a false oath or affirmation before any jus- taking a false Penalty for tice in order to obtain such certificate, he or she be- oath, or affiring thereof convicted, shall suffer as for wilful and mation corrupt perjury in a court of record, and moreover shall forfeit and pay one thousand pounds of tobacco for every such offence; one moiety to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, and the other moiety to the informer, to be recovered with costs, by action of debt or information, in any county court.

III. Provided always, That every justice of peace proviso. shall cause the ears of all wolves heads brought before him to be cut off in his presence, and shall not grant certificate for any scalp: And if any justice shall suspect the truth of any oath or affirmation before him made, he may delay granting certificate 'til his next county court, by whom the causes of his suspicion shall be heard and adjudged, in presence of the suspected person, if he shall think fit to appear and make his defence; and according to the judgment of the court such justice shall grant or refuse his certificate.

IV. And be it further enacted by the authority afore- Clerks to resaid, That the clerks of the several county courts turn a list to shall return to every session of Assembly, a true list the Assem of the names of every person to whom any reward for bly. wolves heads has been allowed in their county levy, and the names of the justices granting certificates for the same, to the end such county may be repaid in the next public levy. U-Vol. 6,

Former acts V. And be it further enacted, That all and every repealed. other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

Preamble.

shall be

brought to some public warehouse, and there

CHAP. LI.

An Act for amending the staple of Tobacco, and preventing frauds in his majesty's

customs.

I. WHEREAS the laws heretofore made, have been found ineffectual to prevent the exportation of bad and trash tobacco, and the many frauds in deceiving his majesty of his customs, which of late years have greatly increased; to the great decay of the trade of this colony:

All tobacco II. BE it therefore enacted by the Lieutenant Governexported or, Council, and Burgesses, of this present General As(except such as hath been sembly, and it is hereby enacted, by the authority of the inspected) same, That for the more effectual preventing the exportation of trash, bad, unsound, and unmerchantable tobacco, all tobacco which, from and after the passing of this act, shall be exported out of this colony, (except only such tobacco as hath been, or shall be viewviewed and ed and inspected, according to the directions of the inspected. laws now in force,) shall be first brought to some or one of the public warehouses herein after mentioned, and shall be there viewed and inspected, in manner as herein after is expressed.

No tobacco

board any

III. And ve it further enacted, by the authority aforeto be put on said, 'That no person shall put on board, or receive ship or ves- into any ship, sloop, boat, or other vessel, in order to sel for expor- be exported therein, any tobacco not packed in hogstation.before heads or casks, upon any pretence whatsoever, nor in it shall be in- any hogshead or cask, to be in that, or any ship, sloop, shall be ta- boat, or other vessel, exported out of this colony, beken only fore the same shall have been viewed and inspected, from the according to the directions of this act, (except as bewarehouses. fore excepted:) but that all tobacco whatsoever, to be

spected; and

make oath,

cept stamp

received or taken on board any ship, sloop, or other Masters of vessel, and to be therein exported, or to be carried or ships, &c. to put on board any other ship, sloop, or other vessel, for not to perexportation, as aforesaid, shall be received or taken mit tobacco on board at the several warehouses for that purpose to be taken herein after mentioned, or some or one of them, and on board exat no other place or places whatsoever. And every ed by some master, mate, or boatswain, which shall arrive in this inspector. colony, in order to lade tobacco during the continuance of this act, shall, before the said ship or vessel be permitted to take on board any tobacco whatsoever, make oath before the naval officer of the district, wherein such ship or vessel shall arrive, (which oath the said naval officer is hereby impowered and requir ed to administer,) that they will not permit any tobacco whatsoever to be taken on board their respective ships or vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally thereunto appointed: which oath they shall sub- Master causscribe in a book; to be kept by the naval officer for ing a person that purpose. And if any master shall cause any per- mate or boatnot being son who is not really and bona fide mate or boatswain, swain to take to come on shore and take such oath, he shall, for the such oath, to said offence, forfeit and pay twenty pounds: And if forfeit 2ul. Or taking any master or commander of any ship or vessel, shall on board any take on board, or suffer to be taken on board the ship tobacco, exor vessel whereof he is master, any tobacco brought cept from a from any other place than some or one of the public warehouses herein after mentioned, or any hogshead ed hogsheads or cask of tobacco, not stamped by some lawful in- or casks spectors, or shall suffer to be brought on board any liable to tobacco, except in hogsheads or casks, stamped as aforesaid, every such master and commander shall for- penalty for every hogsfeit and pay twenty pounds of lawful money for every head or cask, hogshead or cask of tobacco, which shall not have and tobacco been brought from one of the said public warehouses, ed. or which shall not be stamped as aforesaid; and moreover every such hogshead or cask of tobacco shall be forfeited.

warehouse,

and in stamp.

the same

to be forfeit

IV. And forasmuch as the permitting tobacco in To prevent bulk or parcels to be water born, on pretence of being frauds in carried to the warehouses established by this act, may bacco on running togive great opportunity to the clandestine running the board. same on board the ships lying at or near the said warehouses, whereby the evil of exporting trash tobacco may be still continued:

and may be seized.

Penalty on

the skipper and master,

and how to be recover

ed.

Every ser

vant on

board concealing the fraud to be whipt.

All tobacco V. Be it further enacted, by the authority aforesaid, found on board any That if any person, taking upon himself to carry any vessel in tobacco to or from any of the said warehouses, in his bulk or par- sloop, boat, or other vessel, for hire, shall presume to cels forfeited take on board, or permit or suffer to be taken on board, any tobacco whatsoever in bulk or parcels. such tobacco shall not only be forfeited, and may be seized by any person or persons whatsoever; but the master or skipper offending herein, shall forfeit and pay twenty shillings for every hundred pounds weight of such tobacco, and so proportionably for a greater or lesser quantity: And the master or commander of any ship or vessel, wherein any tobacco in bulk or parcels shall be found, shall, over and above the forfei ture thereof, be subject and liable to the same penalty: to be recovered, if it doth not exceeed five pounds, before any two justices of the peace of any county, one of them to be of the quorum, near the place where such ship, sloop, boat, or other vessel shall lie; and if it exceeds five pounds, in any court of record by action of debt, wherein the plaintiff shall recover his costs. And every servant, slave, or other person, employed in navigating such sloop, boat, or other vesIf a servant sel, who shall connive at, or conceal the taking or rebe a skipper, and un- ceiving on board any tobacco in bulk or parcel as aforeable to satis said, shall, by order of such justices, receive on his fy the penal bare back, thirty nine lashes, well laid on: And if ty, he shall such sloop, boat, or other vessel, be under the care and be whipt; and if he of management of a servant who cannot satisfy and pay the said penalty, then such servant, and every other person employed under him, who shall be guilty of conniving at, or concealing the taking on board tobacco in bulk or parcel as aforesaid, shall, upon complaint thereof made to any justice of the peace, have and receive, by order of the said justice. thirty nine lashes well laid on. And if any servant shall be again trusted with the care and management of any sloop, boat, or other vessel, and shall be convicted a second time of taking or receiving on board the same, any tobacco in bulk or parcel, contrary to the directions of this act, the owner of such servant shall forfeit and pay the like sum of twenty shillings for every hundred pounds weight of such tobacco, so taken or received on board in bulk or parcel; and shall also forfeit and pay five shillings for every day such servant shall thereafter be employed as skipper or master of any

fend a second ume, his owner subjected to penalties.

sloop, boat, or other vessel, to him belonging: to be recovered and applied as aforesaid.

the ware

VI. Provided always, That nothing herein before But tobacco contained, shall be construed to prohibit any person ter-born to may be wafrom carrying, or causing to be carried to, the said warehouses, in any boat or other vessel, any tobacco houses, and in bulk, or parcels, for the payment of his or her le- from one vies, debts, or other duties; nor to prohibit any per- another, or plantation to son to put or take on board any sloop, boat, or other to be revessel, any hogsheads or casks of tobacco, to be water packed, sortborn to any warehouse or warehouses appointed by ed, stemmed and prized. this act, so as the same be not carried out of the naval officer's district, wherein the said tobacco shall be made; nor to prohibit the owner of any tobacco to transport his crops, or any part thereof, in hogsheads or casks from one plantation to another, for the better handling or managing thereof; nor any purchaser of tobacco, from bringing the same by water to be rcpacked, sorted, stemmed, or prized, before the same be carried to the said warehouses, so as such last-mentioned tobacco be packed in hogsheads or casks: but But shall not no tobacco, on any pretence whatsoever, shall be car- inspected, ried or transported by water to be inspected, out of or passed the district limited and appointed for the several naval out of the officers of this colony, wherein the same is or shall be district, under a penalmade; or being so carried, shall not be inspected or ty of 20%. on passed by any inspectors, knowing the same to be the owner made out of such district, upon pain of forfeiting, by and inspecthe owner of such tobacco, and the inspectors who tors, for every hogshead. shall pass the same, twenty shillings for every hogshead; to the informer.

be carried,

VII. Provided nevertheless, That it shall and may Inhabitants be lawful for the inhabitants of Fleet's-bay, on the of Fleetssouth side of Indian creek, in the county of Lancaster, Warrisbay, and to carry their tobacco by water to the public ware queak-bay, houses at Indian creek; and the inhabitants of War- where their risqueak-bay, and the parts adjacent, to carry their tobacco may be inspecttobacco to be passed at any warehouse in the upper ed. district of James river.

deliver two

VIII. And be it further enacted, That every master Masters of of a ship or vessel wherein tobacco shall be laden, ships shall shall, at the time of clearing, deliver to the naval of manifests of ficer, two fair manifests of all the tobacco on board all the tobac his ship or vessel, expressing the marks and numbers co on board of every hogshead, and the tare and nett weight stamp- officer on ed thereon, the person by whom shipped, and from oath.

to the naval