Page images

the authority aforesaid, That no tobacco whatsoever Personsclanof 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, hath been first viewed, examined, and stamped, at one liable to a

penalty or other of the warehouses appointed or to be appointed 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 purposc: 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 perinit 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,

Sheriffs, un under-sheriffs, and constables, who shall be in odlice at der-sheriffs; the passing of this act, shall, at the first court to be and constaheld 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 particular discovery thereof to the next justice of the peace of the county where such tobacco shall be; and that all sheriffs and under-sheriff's 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


resides, or at the same court, if sworn at the county

court, after he shall be sworn in his office, under the
Power and like penalty. And if any justice of the peace shall
duty of jus. know, or be informed by any of the said officers, or by
tices and of
ficers, for any other person, upon oath, of any such tobacco so
preventing pressed or packed, in order to be shipped off or car-
the expor- ried out of this colony without being inspected as
tation of un- aforesaid, such justice, or by his warrant, any sheriff,

under-sheriff, or constable, within the limits of his
county, shall have power and authority, and is hereby
required, to enter any suspected houses, and to break
open all doors, either by day or by night, to search for
the same; and finding any tobacco pressed in any
cask, chest, or case, that shall not contain two hun.
dred pounds weight of nett tobacco, or any package
made up in linen cords or spin yarn, of any weight

whatsoever, such justice, sheriff, under-sheriff, or con-
Persons in stable, respectively, shall seize and destroy the same; .
whose pos. and the person in whose possession such tobacco shall
session such be found, shall forfeit, to the informer, ten shillings
tobacco shall
be found, li- for every hundred pounds weight, and so in propor-
able to a tion for a less quantity: To be recovered, with costs,
penalty. in any court of record, if it be twenty five shillings

current money, or more; or if under that sum, before
any justice of the peace of the county where the fact
shall be committed; and such justice shall and may
issue an execution either against the body or goods of

the offender accordingly: Any law, statute, or custom Vessels may to the contrary, notwithstanding. And any justice of be searched the peace of any county near the place where any ship,

sloop, boat, or other vessel shall ride, upon applica-
tion to him made by any person, suspecting any to-
burco in bulk or parcels to be on board such ship,
sloop, boat, or other vessel, shall, and is hereby im.
powered and required, to issue his warrant, directed
to the sheriff, or any constable of this county; and the
sheriff or constable shall have full power and authori-
ty, and he is hereby required, to enter and go on board
snch ship, sloop, boat, or other vessel, to search for
and seize such tobacco; and the same being sized,

shall be brought on shore, and carried before the same Penalty on or any other justice, who shall cause the same to be the master, immediately weighed and burnt by such sheriff or or any other

constable. And if any master or commanding officer person, resisting the

of any ship or vessel, or the skipper of any sloop, officer. boat, or other vessel, or any other person whatsoever,

[ocr errors]

shall resist the officer in the execution of any such warrant, every such master or commanding officershall forfeit and pay fifty pounds; and every such skipper, sailor, or other person so resisting, shall forfeit and pay ten pounds. And if any action shall be brought against any justice of the peace, sheriff, under-sheriff, or constable, for doing any thing in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be nonsuit, or a judgment pass against him upon a verdict or demurrer, the defendant shall recover double costs.

XLVII. And be it further enacted, by the authority No inspector aforesaid, That no person, taking upon himself the capable of office of inspector, shall, during his continuance in that a member of office, or within two years after he shall be out of his the house of said office, be capable of being clected a member of the Burgesses, house of Burgesses, or shall presume to intermeddle during his or concern himself with any election of a Burgess, or within two Burgesses, otherways than by giving his vote, or shall years after; endeavour to influence any person or persons to give neither shall his or their vote, under the penalty of fifty pounds for dle with any every offence; neither shall any inspector, during the election, untime aforesaid, be, or undertake to be, collector of his less by givmajesty's quit rents, or of any public, county, or par-ing his vote, ish levies, or of any officers fees; nor shall, directly or purchase or indirectly, for himself or any other person, buy or any tobacco receive, by way of barter, loan, or exchange, any to- under penalbacco whatsoever, under the penalty of forfeiting

ties. twenty shillings for every hundred pounds of tobacco so bought or received.

XLVIII. Provided, always, That nothing herein But may recontained shall be construed to hinder any inspector ceive his from receiving his rents in tobacco, which shall be rents in tofirst viewed, examined, and stamped, according to the directions of this act.

XLIX. And for the further and better direction of Penalty on the inspectors aforesaid in their duty, Be it enacted, inspectors · That no inspector shall take, accept, or receive, di- taking a

bribe. rectly, or indirectly, any gratuity, fee, or reward, for any thing by him to be done in pursuance of this act, other than his salary, and the other payments and allowances herein before mentioned and expressed: And if any inspector shall take, accept, or receive any such gratuity, fee, or reward, every such inspector, being thereof convicted, shall forfeit and pay fifty pounds current money: To be recovered, with costs,

Y-Vol. 6.

[ocr errors]

And upon

by any person or persons who shall inform or 'sue for the same, by action of debt, bill, plaint, or information, in any court of record within this dominion; and moreover, shall be disabled from holding the place or office of an inspector during the continuance of this

act: And if any person or persons shall offer aux bribe, the person reward, or gratuity to any inspector, for any thing offering it by him to be done in pursuance of this art, other than

the fees and allowances herein before mentioned and appointed, every person so offending, and being thereof convicted, shall, for every such offence, forfeit and pay the sum of ten pounds current money: To be recovered in any court of record within this dominion: One half of which said forfeiture shall be to our sove. reign lord the king, to and for the use of such inspector refusing such bribe or reward; and the other half to the

person or persons who will inform or sue for the same. inspectors L. And be it further enacted, That when any person paying away shall be entitled to receive a hogshead of tobacco by open it, if re. virtue of any inspectors notes or receipts, the inspecquired. tors shall be obliged to open the hogshead, and shew

such tobacco to the person demanding the same, if

required, whether such tobacco be crop or transfer; Method to and if such person shall refuse to accept of the tobacbe taken, if co offered or tendered in payment, as bad, unsound, be refused.

and unmerchantable, such person so refusing and not accepting thereof, shall make immediate application to any three justices near or nearest to the warehouse at which the tobacco so refused shall be offered or tendered in payment,'who are no ways related to the parties nor concerned in interest, and the said justices shall take an oath before some other justice of the said county, (which oath such justice is hereby impowered and required to administer,) carefully to view and examine the said tobacco, and, to the best of their skill and judgment, not to pass any tobacco that is not sound, well-conditioned, merchantable, and clear of trash, according to the directions of this act; and that they will therein do their duty according to their judgment and conscience, without fear, favour, affection, malice, or partiality: which said three justices so sworn, are hereby directed, impowered, and required, upon such application, to repair to the warehouse where such tobacco shall be offered or tendered in payment, and carefully to view and examine the same, in such manner as they shall think fit; and if any two of

them shall adjudge the tobacco so tendered in payment, to be bad, unsound, or unmerchantable, to cause the same to be immediately burnt; and for their trouble, the said three justices who shall be present at such view, shall be paid, by the inspector or inspectors who offered tuc same in payment, five shillings each; and if the said justices, or any two of them, shall adjudge the said tobacco so tendered or offered in payment, to be good, sound, and merchantable, according to the directious of this act, the said justices so attending, shall be paid, by the party desiring such view, five shillings, as aforesaid: And when any tobacco shall No other tobe tendered or offered in payment by any inspector, be tendered and refused, the said inspectors shall not be a liber- or received ty to tender or offer in payment, nor the person de- in lieu of the manding the same to receive, any tobacco in lieu there

fused, 'til of, before such tobacco shall have been viewed as afore- that hath said; but the person refusing shall immediately mark been viewed,

under a penthe same: And if any inspector shall offer or tender ju

alty both upPayment any tobacco in lieu of the tobacco so refused, on the inbefore the same shall have been viewed as aforesaid, spector and or shall not produce the same tobacco so refused, to receiver. the said justices, in either case it shall be taken for a conviction that the tobacco first tendered in payment was bad, unsound, and unmerehantable; and moreover the said inspectors shall forfeit and pay ten pounds for every such offence: And if the person who shall refuse any hogshead of tobacco as aforesaid, shall accept or receive another hogshead of tobacco in lieu of that refused, before such hogshead so refused shall be viewed, as aforesaid, he shall forfeit and pay ten pounds for every such hogshead.

LI. And be it further enacted, That when any new The duty of inspector or inspectors shall be appointed at any of inspectors the said warehouses, such inspector or inspectors declared, in shall, and they are hereby required, to give to the several par

ticulars. person or persons whom they shall succeed, a receipt, with his or their hands subscribed, containing the numbers, marks, tare, gross, and nett weight of all and every hogshead or cask of tobacco, which shall be then remaining at the warehouse or warehouses at which they are appointed inspectors; with the delivery and payment of which said hogsheads or casks of tobacco so remaining, he or they shall, from thenceforth be chargeable and liable; but he or they shall in no wise be accountable or answerable for the loss of

« PreviousContinue »