AT A

General Assembly,

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, on the first day of August, in the ninth year of the reign of our sovereign lord George the second, by the grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. And from thence continued, by several prorogations, to the first day of November, in the twelfth year of his said Majesty's reign, and in the year of our Lord, 1738.

Wm. Goochi, esq. Govern

or.

CHAP. 1.

An Act for further continuing and amending the Act, For amending the Staple of Tobacco; and for preventing frauds in his Majesty's Customs.

I. WHEREAS the act, made in the third year of

his majesty's reign, For amending the Staple Preamble. of Tobacco; and for preventing Frauds in his Majesty's Customs, which hath been explained, amended, and continued, by three subsequent acts of assembly; one of which, was made in the fifth, another in the eighth, and the other in the tenth year of the reign of his said majesty, hath been found, in a great measure, to answer the good ends and design thereof, in preventing the exportation of bad, unsound, and unmerchantable tobacco, in securing fair traders against many abuses and deceits, and in detecting and discouraging frauds in his majesty's customs; to the great advantage of the trade of this colony. And the said acts, if further continued, with some alterations and amendments, will be still a greater encouragement and benefit both to the trader and planter: And wheras, notwithB-Vol. 5.

The manner

standing the good effects of the said law, the ill behaviour and bad practices of some inspectors in the execution thereof, have occasioned some discontent and uncasiness. For remedy whereof, and for removing all occasion of complaint for the future,

II. BE it enacted, by the Lieutenant Governor, Counof appointing cil, and Burgesses, of this present General Assembly, and inspectors. it is hereby enacted, by the authority of the same, That from and after the last day of July next, all inspectors shall be appointed in the following manner; that is to say, the justices of the respective county courts within this colony, wherein public warehouses, for the reception and inspection of tobacco are, or shall be established, shall, annually, at the courts held for their said counties, in the month of August, or September, nominate and recommend to the governor or commander in chief of this dominion, for the time being, in writing, four fit and able persons, who are reputed skilful in tobacco, for the execution of the office of inspectors, for every public warehouse or inspection in their county. And that where public warehouses have been, or shall be, appointed in several counties, under one inspection, the court of each respective county, shall nominate and recommend two fit persons, to be appointed at such warehouses, in the manner herein before directed: Which nomination, the said justices shall cause to be entered upon record; and the clerks of such courts respectively, shall forthwith transmit a copy of the same to the secretary's office; and the governor, or commander in chief, with the advice of the council, out of the persons so nominated and recommended, shall chuse and appoint two, to execute the said office, at every such warehouse, or inspection. And if the persons so appointed, or either of them, shall be again recommended the next succeeding year, the same shall be a sufficient appointment to him or them, to continue in the said office, without a new commission; and so from year to year, so long as they shall be recommended, as aforesaid. And in case of the death, resignation, or removal of any inspector, the governor, or commander in chief, shall likewise chuse and appoint some other person named in the last recommendation, from the county court where the vacancy shall happen, to succred such inspector.

shall be a col

lector.

III. Provided always, That no justice of the peace, No inspector being an inspector, or recommended to be an inspector, shall have a vote in any such recommendation: And that no inspector, during the time of his continuance in that office, shall be collector of his majesty's quit-rents, or of any public, county or parish levies, or of any officers fees.

commend.

IV. Provided also, That if any county court shall County courts fail fail to nominate and recommend, as aforesaid, the governor, or commander in chief, with the advice of the ing to recouncil, shall, in case of the vacancy of any inspectors place, appoint any person or persons that he shall think fit, to fill up such vacancy.

V. Provided nevertheless, That all inspectors, being ⚫in office at the time of the first nomination, who shall be recommended in mauner aforesaid, by the said county courts, shall be continued in the said office, if they shall think fit, so long as they shall well behave themselves therein.

on the action

VI. And be it further enacted by the authority afore- Inspectors said, That every inspector, before he enters upon the failing to atexecution of his office, shall make oath, and give bond tend, liable and security, according to the directions of the said first to a penalty, mentioned act of assembly. And that all inspectors of the party shall constantly attend their duty at the warehouse, or grieved. inspection, under their charge, from the tenth day of November, to the last day of June yearly, (except Sundays, and the holy days observed at Christmas, Easter, and Whitsuntide, or when hindred by sickness;) and afterwards, they, or one of them, shall constantly attend at the same, (except on Sundays) to deliver out tobacco for exportation, 'til all the tobacco remaining there the said last day of June, shall be so delivered. And every inspector neglecting to attend, as aforesaid, shall forfeit and pay, to the party grieved, five shillings for every neglect: To be recovered, with costs, before any justice of the peace in the county where such warehouse, or inspection shall be: 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.

VII. And, that the inspectors of every warehouse, Shall account or inspection, shall, hereafter, keep a just and true ac- for what shall count of all tobacco that shall be gained or saved, upon be gained by

the allowan- the allowances made for cask, or shrinkage, of all transces for cask, fer tobacco; and shall exhibit such account, upon oath, or shrinkage to the court of the county where such warehouse, or

inspection shall be, in the month of September yearly, if a court be then held; but if not, shall then exhibit such account to some justice of the said county; and make oath thereto before him; which said justice shall return the same to the next succeeding court. And the said inspectors having exhibited such account, and made oath, as aforessid, shall, by public auction, at the courtdoor of the said county, on the court day in September aforesaid, sell all such tobacco as shall be gained or saved, as aforesaid, for the best price that can be got for the same in money; and shall account for and pay the said money 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 that no inspectors shall, hereafter, convert any such tobacco to their own use.

And may be VIII. And, that the inspectors be obliged to make obliged to pay transfer every hogshead of transfer tobacco by them paid away, tobacco in eight hundred and fifty pounds of nett tobacco, if the hogsheads of notes produced by the party receiving the same, do 850 nett, and amount to so much, after the allowances for cask and to make crop shrinkage are deducted. And that they be also obligsame weight. ed, when required by any person entitled to receive

An oath to

other offi

any hogshead of crop tobacco at their inspection, which shall be under eight hundred and fifty pounds nett, to prize the same, so as to make it up that weight; such person finding the tobacco, and paying the same fee, as for passing and stamping transfer tobacco. And in all transfer notes which shall hereafter be delivered out, the inspectors shall distinguish whether the tobacco be leaf or stemmed.

IX. And be it further enacted, by the authority aforebe taken by said, That all inspectors, sheriffs, under-sheriffs, and them, and constables, who shall be in office on the first day of February next, shall, at the first or second court of their respective counties, after the said first day of February, take an oath:

cers.

THAT if they shall at any time know, or be credi

bly informed, or have good grounds to suspect, that any tobacco is pressed or packed in any cask, chest, case, 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.

per

ed tobacco.

X. And, that all the said officers respectively, which Penalty. shali hereafter be appointed, or sworn, into the said offices, shall, at the time of their being so 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 be recovered, with costs, by action of debt, or information, in any court of record within this dominion. And if any justice of the peace shall know, or be informed, as afore- The power said, by any of the said officers, or by any other and duty of son, upon oath, of any such tobacco so pressed or pack- officers, to justices and ed; such justice, or by his warrant, any sheriff, under- prevent the sheriff, or constable, within the limits of his county, shall exportation have power, and be obliged, to enter any suspected of uninspecthouse, and to break open all doors, either by night or by day, to search for the same; and finding any tobacco pressed in any cask, chest or case, that shall not contain two hundred pounds weight of nett tobacco, or any other package, made up in linen, cords, or spun-yara, of any weight whatsoever; such justice, sheriff, undersheriff, or constable, respectively, shall seize and destroy the same: And the person, in whose possession such tobacco shall be found, shall forfeit, to the informer, ten shillings current money, for every hundred pounds weight; and so in proportion, for a less quantity: To be recovered, with costs, 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 issue an execution, either against the body or goods of the offender accordingly. And if any action shall be brought against any justice of the peace, sheriff, under sheriff, or constable, for doing any thing in the 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 judgment pass against him, upon a verdict, or demurrer, the defendant shall recover double costs.