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weight, or for quality, of tobacco contained in any hogshead for which such receipt was by him or them so as aforesaid given: And if any hogshead or cask of tobacco shall hereafter be received by any person or persons whatsoever, and delivered out of any of the said warehouses, for exportation, by the inspector or inspectors attending the same, such inspector or inspectors, from the time of such delivery, shall be for ever discharged and acquitted from all actions, costs, and charge, for or by reason of the tobacco contained in any such hogshead or cask being unsound and unmerchantable, or of less quantity than the notes or receipts given for the sanie: Any thing herein before contained to the contrary, notwithstanding. And when any prized tobacco shall be brought to any public warehouse, in order to be shipped on freight, and the inspectors there attending shall refuse to pass such tobacco, unless such as shall be bad and unmerchantable shall be picked and separated from the rest; or where any light crop tobacco shall hereafter be brought to any of the said warehouses; in either case the said inspectors, if required, shall permit the owner or other person bringing such tobacco to make use of one or more of their prizes, for the re-packing, prizing, or making heavier such tobacco, without fee or reward: And if there shall be several hogsheads of tobacco, belonging to several owners, to be picked, repacked, prized, or made heavier, at any public warehouse, the owner or other person bringing the same, whose tobacco shall be first viewed, and refused or found light, shall be first permitted and allowed to make use of such prize or prizes: And the same rules shall be observed in the prizing all tobacco which shall be picked, repacked, prized, or found light as aforesaid: And for all tobacco repacked and prized by the owner thereof, or the servants and slaves to him belonging, there shall be paid to the inspectors thereof only three shillings for stamping; and for all tobacco repacked and prized by the inspectors, five shillings for each hogshead, and also six pence for nails, unless the proprietor shall find and provide nails: And no inspector shall take, or convert to his own use, or otherwise dispose of, any draughts or samples of freight or crop tobacco, but the same, (if fit to pass) shall be put into the hogshead out of which it was drawn; under the penalty of forfeiting twenty shillings for every

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draught so taken away, contrary to the directions of this act: to be recovered before any justice of the peace of the county wherein such offence shall be committed: And all in-pectors, if required, shall alter the mark and number of any hogshead of tobacco for which they have before given a receipt; and for preventing confusion and mistakes, shall keep a waste book, in which sball be entered the marks and numbers of all hogsheads of tobacco received by them; and another book, in which shall be entered the marks and numbers thereof, when the same shall be delivered out by them: And all inspectors, when required, shall be obliged to prize any hogshead of tobacco under nine hundred and fifty pounds nett, so as to make it up that weight; but shall receive the same fee upon such hogshead as for transfer tobacco, and may make the lawful abatement of the tobacco prized in. And where any tobacco shall be brought to any warehouse by the overseer of the owner thereof, the inspectors shall give notes and receipts in the name of the owner, and not of the overseer.

LII. And for preventing the cutting and manufac- No tobacco turing bad, unsound, and trash tobacco, Be it further shall be cut enacteil, by the authority aforesaid, That from and after and manufacthe passing of this act, no person whatsoever shall tured before cut, manufacture, and prize into any hogshead or cask, inspected. any tobacco which shall not have been viewed, examined, anu passed, at some or one of the public warehouses, before the same shall be cut and prized: And Persons every person bringing any hogshead or cask of cut bringing

such tobacco and manufactured tobacco to any warehouse to be

to the wareviewed, stamped, and passed, shall, before the same house, shall be viewed and examined or stamped, make oath, be- make oath,

before it fore the inspectors of the warehouse to which the same

shall be shall be brought, or one of them, (which oath the said

passed. inspectors, or one of them, is and are hereby impowered and required to administer,) That all the tobacco, cut and manufactured, contained and prized in such hogshead or cask, was, before the same was cut and prized, viewed, examined, and passed at some or one of the public warehouses in this colony; and that, to his knowledge, privity, or direction, no other tobacco hath been packed or prized in such hogshead or cask, and it shall not be lawful for any inspectors to view, pass, and stamp any hogshead or cask of cut and manufactured tobacco, before such oath be taken

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Penalty on by the person bringing or owning the same: And if
offenders.

any person shall presume to cut and manufacture any
tobacco which shall not have been first viewed, exam-
ined, and passed at some or one of the public ware.
houses as aforesaid, in breach of this act, and of the
said oath, every such person so offending, and being
thereof lawfully convicted, shall forfeit and pay for
every such offence, ten pounds; and moreover shall

suffer as in case of wilful and corrupt perjury: Light hog

LIII. And be it further enacted, That any light hogssheads or head or parcel of tobacco, after the same shall be pass. parcels of to. ed at any public warehouse and not stamped, shall and be delivered may be delivered out by the inspectors to the owner out by the of their notes, and such tobacco may be carried away, inspectors to for the better sorting and stemming or cutting the the owner, same; provided that such tobacco shall not be shipped but shall be off until it shall be again inspected, passed, and stampspected be. ed; for which the inspectors shall receive the estafore it shall blished fees; under the same penalties as are herein be shipped. before inflicted, for shipping off, and taking on board

any ship or other vessel, tobacco not inspected, view-
ed, and stamped, according to the directions of this

act.
Owners of LIV. And be it further enacted, That the owner of
transfer

any transfer notes may, at any time before the first notes may receive and

day of October in every year, receive and mark hogs. mark hogs. heads of tobacco for satisfying such notes; and the inheads, and spector's shall take in their former notes, and deliver inspectors

crop notes and receipts for suci, hogsheads, and shall shall give

be answerablc for the safe keeping thereof, in the same crop notes, and be an- manner as they are for crop tobacco; but the person swerable for receiving sucli hogsheads sball pay to the inspectors such bhds. as for crop

five shiliings and six pence for the inspection and nails tobacco, the for every hogshead, that is to say, two shillings and owner pay- six pence dowll, and three shillings when the tobacco ing 28. 6.1

. shall be delivered: And the inspectors shall, at the 38. on delic court held for their county in the month of October, very. yearly, or if there be no court in that month, then at

tive next court held for their county, lay before the Inspectors court an account, upon oath, of all the transfer notes shall, upon

that were not by them taken in and received before oath, lay be. fore the

the said first day of October; and after such account county court exhibited, and oath made, shall sell the tobacco in in October, such - notes. contained, deducting the allowance for next court, shrinkage and wasting, at public auction, at the door un account

of the court housc, between the hours of twelve and

money to the

money to the

treasurer.

two: and the inspectors shall pay the money arising of all the by such sale in satisfaction of their notes, from time transfer toto time, to the proprietors thereof, making their de- their hands, mand, under the same penalty as is inflicted for not and shall sell paying inspector's notes: And all inspectors shall keep the same, a just and true account of the tobacco gained or saved,

and pay the upon the allowance made for cask, or for shrinkage owners; and of transfer tobacco: And if any tobacco shall be so shall also acgained or saved, shall exhibit an account thereof, up

count for and on oath, in the same manner as is before directed con-bacco gained

sell the tocerning transfer tobacco not received, and shall also for cask or sell the tobacco so gained and saved, in the same man- shrinkage: ner as is directed for the sale of transfer tobacco; and and pay the shall account for the money arising by such sale to the treasurer of this colony for the time being, in their next account with him, and the said treasurer shall account for the same to the General Assembly; and no inspector shall convert any tobacco so gained or saved, to his own use. LV. And be it further enacted, by the authority afore- with the

To account said, That all inspectors shall, annually, before the treasurer betenth day of November in every year, account with fore the 10th the treasurer of this colony, upon oath, for all monies of November

yearly received, or which ought to be received by them, by virtue of this act, (except the money paid for nails,) for every hogshead of transfer tobacco; in which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements, in pursuance of this act.

LVI. And for the better detecting of inspectors, Inspector who shall not do their duty, and the more speedy and guilty of easy examination into complaints against them; Be it ty; how to be further enacted, That any two justices of the peace, proceeded not being inspectors, shall have power to hear all against. complaints against any inspector within their county, and to take the depositions of witnesses upon the matter of such complaint, on both sides; which shall be transmitted by them to the governor and council, for their determination: And to the end such depositions may be taken in the best manner, the clerk of the county, or some sufficient person by him to be appointed, shall attend the said justices for that purpose, and be paid by the county the same fee, as is or shall be by law established for attending the examination of wit. nesses upon a Dedimus Potestatem; and moreover, any two justices shall have power to visit all or any

of the public warehouses within their county, and if they shall discover any negligence in the inspectors, either in securing the tobacco, or stowing the same away in a proper manner for saving the room in such houses; or that they do not keep a sufficient number of hands for dispatching the business; or do not attend constantly, according to the direction of this act; or that they are guilty of any other breach or breaches of their duty; the said justices shall certify the governor and council thereof. And if any inspector shall be adjudged guilty of a breach of bis duty, he shall be removed from his oflice, and for ever after be incapable of serving as inspector. And if any inspector shall

be removed from his office, upon a complaint and proIf removed

secution against him in the method by this act prefrom his of. scribed, he shall be liable to the action on the case of fice, shall be the prosecutor, for his necessary costs and expences liable to an in such prosecution, in which the prosecutor shall re. action of the prosecutor

cover his full costs of suit; and every inspector shall for his costs, moreover be liable to the action of the party grieved and of the

for all loss and damage that may happen or arise to party griev. any person by occasion of any failure of duty, or nedamages. glect of any such inspector; in which action the plain

tiff shall recover his full costs altho' the damages do not exceed forty shillings.

LVII. And be it further enacted, by the authority aforesaid, That all the penalties and forfeitures in

this act contained, and not herein before particularly Penalties ap- appropriated, shall be, one moiety to our sovereign propriated, lord the king, his heirs and successors, to be applied and how to towards defraying the charges of the execution of this ed.

act, and the other half to the person who shall inform or sue for the same; and shall and may be recovered, with costs, by action of debt or information, in any court of record within this dominion, where the penalty or forfeiture exceeds twenty five shillings, or two hundred pounds of tobacco; and where the same does not exceed those sums, before any justice of the peace of the county where the offence shall be committed.

LVIII. And whereas ill-disposed persons may be encouraged to offend against the laws lierein before recited, and now in force, For amending the staple of tobacco, and preventing frauds in his majesty's custoins, in hopes to escape punishinent by reason of the expiration of the said laws; for preventing whereof, Be it enacted, by the authority aforesaid, That all penal

be recover

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