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the expence the rent hereby established shall not be proportiona of the public. ble to the expence of such building; in both the said
cases, such farther allowance shall be maile by the General Assembly as shall be thought reasonable; and the rents aforesaid, together with the inspectors salaries, shall be paid and allowed by the treasurer to the several inspectors, upon the passing their accounts; and the inspectors shall pay the rents to the persons
entitled to receive the same, out of the money receivHow the rents and sa
ed by them for inspecting tobacco: And if the money laries are to received by any inspectors of any of the warehouses be paid. aforesaid, shall not be sufficient to pay the salaries and
rents aforesaid, and other incident charges in this act mentioned, such deficiency shall be made good out of the general fund arising by the profits of the other warehouses; and if that shall prove deficient, then the said salaries, rents, and charges, shall be paid and satisfied out of any other public money in the hands of
the treasurer for the time being. Proprietors XXXIX. And be it further enacted, That where the of warehous- warehouses are already built at any of the places herebuilt, shall in before mentioned and appointed for keeping the let them to same, and are now made use of as, and for public the inspect. warehouses, the proprietors and owners of such wareors, under a penalty.
houses shall be, and they are hereby obliged to let the same to the inspectors, during the continuance of this act, at the rent hereby established for such warehouses, respectively; and it any proprietor or owner shall refuse so to do, he shall forfeit and pay one hundred
pounds: And where warehouses are not already built Owners of land where
at any of the places aforesaid, or where any new warewarehouses
house shall be hereafter appointed to be kept at any are to be other place, it shall and may be lawful for the justices built, shall
of the court of that county wherein such place is or be summoned to the
shall be, and they are hereby required to cause the county court owner or proprietor of the land where such wareto declare houses are or shall be appointed to be kept; and in whether
case such owner or proprietor be under age, feme they will build there. covert, or out of the country, then the guardian, hus
band, or known attorney (as the case is) of such owner or proprietor to be summoned to appear before them at the next succeeding county court after such summons shall issue, there to declare whether they will undertake to erect and build such houses, wharfs, illid other conveniencies, as the said court shall think fit to direct, and let the same to the inspectors ap
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 serurity, 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 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 mwney. 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 whóm such agreement shall be made, upon paying or simple, in tenderius to the owner or proprietor of the said land, the land as the money at which the same shall be valuod, as afore- long as such said, and building thereon, according to his or their place shall
be used for a agreement, shall, from thenceforth have an estate, in warehouse. fee-simple, in such land, during the time such place Butif no per shall be made use of for a public warehouse: and in son will build 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 lawsul 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 thereof, according to the valuation before mentioned, justices or and to cause to be built thercon 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 wed, the pror the said county, for the time being, shall be seizod, 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
and the rent
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 whereon 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 for
mer estate, er paying the principle
XL. Provided always, That where any warehouses sum expend. bave been, or shall be built, by the justices, or other ed, with in. person as aforesaid, and the first proprietor of the terest, de
land shall desire to have the same again, such propriducting the rates 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 law. estate at any ful interest, deducting the rents received by the said time.
justices or other person, shall be restored to his for. mer estate in the land whereon such warehouses are built; and shall receive the rents afterwards growing
due for such warehouses. But upon his XLI. Provided also, That if any proprietor, so as failing to re. aforesaid restored to his estate, shall neglect or refuse pair and build, the
to repair and build such houses and wharfs as the justices shall court shall think necessary, the justices shall be again be again seized of the fee-simple estate of such land, during seized.
the time such place 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. The justices XLII. Provided also, That nothing herein containshall not ed 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 convenien. uses or purposes aforesaid; nor to the said inspectors,
to keep any horses, cattle, or bogs, at any of the said Neither shall
public warehouses, except in inclosures upon the land the inspec 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 ware houses, or the lands adjoining thereto, it shall and may cept in inclo- be lawful for the proprietors of the said lands to kill, or
causé to be killed or destroyed, all such swine. And sures, the justices of the peace of the several counties, in Swine kept 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 de
clared to warehouses, and to regulate all matters concerning the same; and to direct the building and repairing of
power to such bouses, wharfs, prizes, cranes, and other conve- regulate all niences, from time to time, as to them shall seem ne
matters con. cessary and expedient: And where any public ware- lic ware.
cerning pubhouse 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 making other necessary houses, wharfs, and repairs, neglecting
Penalty for 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 pubrepaired to the several persons injured, by the General lic, and inAssembly, at the next session after such loss: And in demnified.
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, bit 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 ry warehouse.
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 each county; and where such scales and Justices to provide
weights are not already provided, or now are or shall them where be hereafter worn out, or become unfit for use, the jus. they are not tices of the respective county courts wherein any of already pro- the said warchouses are or shall be, are hereby directvided, or are worn out, at
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, so try the 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 standard, and of their number to view the said scales and examine to be amend. and try the weights at the several warehouses, by the ed.
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.
XLV. And for preventing the clandestine transportation of bad and unmerchantable tobacco from this colony to the provinces of North Carolina and MaryJand, and also for the preventing the exportation of tobacco in bulk or parcels; Be it further enacted, by