Pages 241-246 
|  Pages 271-287
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| Pages 241-246
| Pages 271-287
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| CHAP. III. An Act for amending the Staple of Tobacco; and for 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: | Preamble. |
| II. Be it enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That for the more effectual preventing the exportation of all trash, bad, unsound, and unmerchantable tobacco, all tobacco which, from and after the first day of August, which shall be in the year of our lord one thousand seven hundred and thirty one, shall be exported out of this colony and dominion, shall be first brought to some public warehouse herein after mentioned, and there shall be viewed and inspected by persons thereunto appointed, in such manner as herein is expressed. | Tobacco exported to be inspected. |
| III. And be it further enacted, by the authority aforesaid, That no person shall put on board, or receive into any ship, sloop, boat, or other vessel, in order to be exported therein, any tobacco not packed in hogsheads, casks, or cases, upon any pretence whatsoever; nor in any hogshead, cask, or case, to be in that or any other ship, sloop, or vessel, exported out of this colony, before the same shall have been viewed and inspected, according to the directions of this act: But that all tobacco whatsoever, to be received or taken on board any ship, sloop, or other vessel, and to be therein exported, or to be carried or put on board any other ship, sloop, or vessel, for exportation as aforesaid, shall be received or taken on board at the several warehouses for that purpose herein after mentioned, or some, or one of them, and at no other place or places whatsoever. And every master, mate, and boatswain, which shall arrive in this 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, | None other to be exported. To be exported from warehouses only. Oath of masters of vessels. |
| (which oath the said naval officer is hereby impowered and required 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, casks, or cases, stamp'd by some inspector legally thereunto appointed. And if any master or commander of any ship or vessel shall take on board, or suffer to be taken on board the ship or vessel whereof he is master, any tobacco brought from any other place, than some, or one of the public warehouses herein after mentioned, or any hogshead, case, or cask of tobacco not stamp'd by some lawful inspector; or shall suffer to be brought on board, any tobacco whatsoever, except in hogsheads, casks, or cases, stamp'd as aforesaid, every such master and commander shall forfeit and pay (a) twenty pounds of lawful money for every hogshead, cask, or case of tobacco which shall not have been brought from one of the said public warehouses, or which shall not be stamp'd as aforesaid: And every hogshead, cask, box, chest, or case, or other package, or parcel of tobacco, which shall be taken on board any ship or other vessel, shall be forfeited. | Penalty. |
| IV. And forasmuch as the permitting tobacco in bulk or parcels to be (b) water-born, on pretence of being carried to some or other of the warehouses established by this act, may give great opportunity to the clandestine running the same on board the ships lying at or near the said warehouses, whereby the evil of exporting trash tobacco may still be continued: For remedy whereof, | |
| V. Be it enacted, by the authority aforesaid, That if any person, taking upon him to carry any tobacco to or from any of the said warehouses, in his sloop, boat, or other vessel, for hire, shall presume to take on board, or suffer or permit to be taken or put 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 such master or skipper offending herein, shall forfeit and pay treble the value of the tobacco found on board, in bulk or parcels: To be recovered before any justice of the peace | Tobacco shipt in bulk may be seized. Penalty on skippers. |
| Notes to Edition 1733. | |
| (a) This penalty on masters is enlarged, Anno 1732, ch. 9, sec. 3. | |
| (b) This part of the act is explained, Anno 1732, ch. 9, sec. 4. |
| of the quorum, in the county where such sloop, boat, or other vessel, shall be at the time of such discovery or seizure. And moreover, every servant, slave, or other person emploied in navigating such sloop, boat, or other vessel, who shall connive at, or conceal the taking or receiving on board any such bulk or parcel of tobacco, shall, by order of such justice, receive on his bare back, thirty-nine lashes well laid on. And if such sloop, boat, or other vessel, transporting tobacco to or from the said warehouses, be under the care or management of a servant, who cannot satisfy and pay the treble value of the bulk tobacco or parcel found therein, then such servant, and every other person emploied under him, in navigating the said sloop, boat, or other vessel, wherein such bulk or parcel of tobacco shall be found, and who shall be guilty of conniving at, or concealing the taking on board such bulk tobacco, 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 such 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 bulk or parcel of tobacco, contrary to the directions of this act, the person who emploied or entrusted such servant with the management of such vessel, shall forfeit and pay treble the value of the tobacco so taken or received on board, in bulk or parcels: And shall also forfeit ant pay five shillings, for every day he shall thereafter employ such servant as skipper or master of any sloop, boat, or other vessel to him belonging: To be recovered before any justice of the quorum, in the county where such emploier resides; which said several forfeitures to be to the use of the informer. | On servants. If the skipper. |
| VI. Provided always, That nothing herein before contained, shall be construed to prohibit any person or persons whatsoever, to put or take on board any sloop, boat, or other vessel, any hogsheads, casks, or cases of tobacco, to be water-born to any warehouse or warehouses appointed by this act; nor to prohibit the owner of any tobacco, to transport his crops, or any part thereof, from one plantation to another, for the better handling and managing thereof; nor any purchaser of tobacco from bringing the same by water to be repacked, |
| sorted, stem'd, or prized, before the same be carried to the said warehouses, so as the said tobacco, to be transported by water, be packed in hogsheads, casks, or cases. | |
| VII. And be it further enacted, That if the skipper of any sloop, boat, or other vessel, or other person or persons to whom the care and management thereof shall be intrusted, shall land or put on shore any hogshead, case or cask of tobacco put on board the same, to be carried to any public warehouse, at any other place or places, than the warehouse or warehouses by this act appointed for the reception and inspection of tobacco, or at some or one of them, or the wharf, or other landing to such warehouse or warehouses belonging; or shall put the same on board any other vessel, or suffer the same to be done, so as the same be not delivered at some of the said public warehouses, without fraud or imbezzlement; or shall open any hogshead, cask, or case, so as aforesaid water-born or landed, and take thereout any tobacco, before the same be viewed by the said inspectors, according to the directions of this act; or after the same hath been viewed, shall fraudulently open any hogshead, cask, or case, and take thereout any tobacco, every such offence shall be adjudged felony, and the offender or offenders shall suffer as in case of felony. | Felony, not to deliver tobacco as sent, or to break open, and take out any. |
| VIII. Provided always, That nothing herein before contained, shall be construed to prohibit the landing or putting on shore any hogshead, cask, or case of tobacco, out of any sloop, boat, or other vessel, which by distress of weather shall be forced on ground, or become leaky, so as the said landing be really and bona fide for the preservation of the tobacco laden in such vessel: And that the same be with all convenient speed carried thereafter to the warehouse or ship, (as the case shall be) to which it was designed, without imbezzlement. | Proviso. |
| IX. Provided nevertheless, That if by any of the accidents aforesaid, or negligence of the master or skipper of any vessel, any tobocco which hath been viewed and stamped, shall; in its carriage to the ship in which it is intended to be exported, receive so much damage as that the master of such ship will not receive it on board, every hogshead, cask, or case of tobacco so damnified, shall, with all convenient speed, be carried | Further proviso. |
| to some warehouse appointed by this act, and there lodged, until the owner of the said tobacco, or master of the vessel in which it was damaged, shall have separated the same, and repacked the good tobacco; and then the same shall be viewed and stamped by the inspectors attending such warehouse, without fee or reward. | |
| X. And be it further enacted, by the authority aforesaid, That all tobacco which shall be brought to any warehouse, herein after mentioned: shall be viewed by (a) three fit and able persons, who are reputed to be skilful in tobacco, to be appointed for that purpose, by the governor or commander in chief for the time being, with the advice and consent of the council; who shall be called inspectors, and shall break every hogshead, cask, or case of tobacco, and diligently view and examine the same; and if they, or any two of them shall agree, that the same is good, sound, well-conditioned, and merchantable, and free from trash, sand, and dirt; and if in leaf, tied up with a leaf of equal goodness, then such tobacco shall be weighed in scales with weights of the lawful standard: And the said inspectors, or one of them, shall stamp every such hogshead, cask, or case, wherein is contained any tobacco, by them so as aforesaid weighed, and allowed to be good, or shall cause the same to be done in their presence, or the presence of one of them, with the name of the warehouse at which such hogshead, cask, or case of tobacco shall be so stamp'd as aforesaid; and shall also stamp in like manner thereon the tare of the hogshead, cask, or case, and quantity of nett tobacco therein contained. (b) | Inspectors, how appointed. Their duty. |
| XI. And be it further enacted, by the authority aforesaid, That if any tobacco shall be brought to any of the said warehouses for the discharge of any public or private debt or contract, the said inspectors, or one of them, after they have viewed, examined, and weighed the said tobacco, according to the directions of this act, shall be obliged to deliver to the person bringing the same, as many promisory notes, under the hands and | Tobacco notes. |
| Notes to Edition 1733. | |
| (a( Two inspectors, instead of three are appointed for each inspection; and provision made, in case of their difference in judgment. Anno 1732, ch. 9. sec. 9. | |
| (b) The duty of inspectors is further declared, in several particulars. Anno 1732, ch. 9. sec. 13. |
| (a) seals of the said inspectors, or the stamp of the warehouse to which the same shall be brought, as shall be required for the full quantity of tobacco received by them; in which shall be expressed, whether the tobacco so received, be sweet scented, or Oronoko, stem'd or leaf: Which notes shall be, and are hereby declared to be current & paiable in all tobacco paiments whatsoever, according to the species expressed in the note, within the county where such inspectors shall officiate, or in any other county next adjacent thereto, and not separated therefrom by any of the great rivers or bay herein after mentioned; that is to say, James river below the mouth of Appamatox, York river below West Point, Rappahannock river below Taliaferro's Mount, or by the great bay of Chesapeak; and shall be transferrable from one to another, in all such paiments; and shall be paid and satisfied by the inspector or inspectors who signed the same, upon demand: And for every hogshead of tobacco brought to any public warehouse for the discharge of any public or private debt, in good cask, of such dimensions as are herein after expressed, there shall be allowed by the inspectors thereof, to the person bringing the same, (b) thirty pounds of tobacco for the cask: And for every hogshead of tobacco by them paid away, well lined, and nailed, fit for shipping, there shall be paid by the person receiving such hogshead, five shillings, so as such hogshead so paid away and received, do not contain less than eight hundred pounds of nett tobacco, whether the same be Sweet Scented or Oronoko; who shall also allow thirty pounds of tobacco to the person demanding the same, for every hogshead of tobacco so received, for the cask: And moreover there shall be allowed to the said inspectors, by the person taking the same away, two pounds of tobacco for every hundred pounds of tobacco so paid away as aforesaid, and proportionably for a less quantity, for shrinking and wasting, if the said tobacco be paid at any time within two months after the date of the note given for the same; and one pound of tobacco per hundred, for every month the | Notes to be current. Abatement. Inspectors' fees. |
| Notes to Edition 1733. | |
| (a) Inspectors notes to be current without sealing, Anno 1732, ch. 9, sec. 7. | |
| (b) This part is explained, Anno 1732, ch. 9, sec. 14. |
| same shall be unpaid, after the said two months, so as such allowance for shrinking and wasting, do not exceed, in the whole, six pounds of tobacco per centum. | |
| XII. And for the better enabling the inspectors to deliver out promisory notes for tobacco received, for the discharge of any public or private debt or contract, and the receipts to be given for tobacco brought to their warehouses to be viewed, and exported, on the proper account of the owners thereof, Be it enacted, by the authority aforesaid That the inspectors, at the several warehouses appointed by this act, shall be allowed in their accounts, all necessary charges for providing printed notes and receipts, for the purposes aforesaid. | Allowances to. |
| XIII. And forasmuch as it is evident, that the owners of ships trading to this country, will reap great benefit by having tobacco put on board their ships by the inhabitants of this colony, whereby the great trouble and delay in fetching the same on board will be prevented, and the charge of the craft, wages and provisions saved to them, in the expence of each voyage, | |
| XIV. Be it further enacted, by the authority aforesaid, (a) That no master of a ship or other vessel, shall carry to any warehouse, or fetch from thence, or any place whatsoever, in any boat or vessel to him belonging, or in any vessel man'd by the sailors of the ship or vessel whereof he is master, any tobacco, to be shipped upon freight, upon pain of forfeiting ten pounds of lawful money, for every hogshead so carried, fetched, or put on board: To be recovered by action of debt, in any court of record; one moiety whereof shall be to our sovereign lord the king, his hers and successors, to be applied towards defraying the expence of the execution of this act, and the other moiety to the person who will sue for the same. But all tobacco, shipp'd on board any ship or vessel whatsoever, shall be put on board by, or at the charge of, the owners of the tobacco respectively; for which a reward of four shillings for every hogshead so put on board, shall be paid by the master of such ship or vessel, on which the same shall be laden and put on board. | How tobacco shall be shipt. Proviso. |
| XV. Provided always, and be it enacted, by the authority aforesaid, That it shall and may be lawful, to | Proviso. |
| Notes to Edition 1733. | |
| (a) This clause is altered, Anno 1732, ch. 1 |
| and for any master of a ship or vessel, to carry to, or fetch from, any of the warehouses appointed by this act, in sloops, boats, or other vessels, provided by him, or by any factor or super-cargo intrusted with the freighting of such ship, and navigated by the men belonging to such ship or vessel, any hogshead, cask, or case of tobacco, which shall be purchased by such master, factor, or super-cargo, for the particular lading of such ship or other vessel, without incurring the penalty aforesaid; so as such hogshead, cask, or case, be duly viewed and stamped, before the same shall be received on board for exportation. | |
| XVI. And if any inspector or inspectors, by whom any such note for tobacco, as aforesaid, shall be signed, shall refuse or delay to pay and satisfy the same, when demanded, every inspector so refusing or delaying, shall forfeit and pay to the party injured, double the value of the tobacco so refused or delaied to be paid: To be recovered, with costs, in any court of record within this dominion. And if the note or notes, so refused or delaied to be paid, as aforesaid, do not amount to more than two hundred pounds of tobacco, the double value of the tobacco due thereon, shall and may be recovered before a justice of the peace of the county wherein the said warehouse shall be, at which the same ought to have been paid; any thing herein before, or in any former law, to the contrary contained, in any wise, notwithstanding. | Penalty on inspectors, for not delivering tobacco, |
| XVII. And be it further enacted, That from and after the said first day of August, all tobacco whatsoever, which shall be due and paiable, for any public, county, or parish levies, and tobacco for discharging of any quit-rents, or for secretarys, clerks, sherifs, surveyors, or other officers fees, shall be first inspected, according to the directions of this act, and paid by the person or persons from whom such dues and debts shall be due, owing, or paiable, at some or one of the public warehouses herein after mentioned, for the following (a) allowances: That is say, | |
| For tobacco due in the counties of Goochland, Brunswick, and the upper parishes of Hanover and Spotsylvania, the person paying the same, shall and may retain | Abatement. |
| Note to Edition 1733. | |
| (a) These allowances are settled. Anno 1732, ch. 9, sec. 8. |
| in his own hands, thirty pounds of tobacco, for every hundred so paid. | |
| For tobacco due in the county of Princes Anne, twenty pounds of tobacco. | |
| For tobacco due in the counties of Henrico, Caroline, Nansemond, and Norfolk, and the lower parishes of Hanover and Spotsylvania, fourteen pounds of tobacco. | |
| For tobacco due in the counties of Prince George, Surry, Isle of Wight, and Prince William, twenty pounds of tobacco. | |
| And for tobacco due in any other county, ten pounds of tobacco, for every hundred so paid, and proportionably for a less quantity, and no more. | |
| XVIII. And the sheriff, or other collector, shall be allowed by the creditor, four pounds of tobacco, for every hundred pounds of tobacco, and so proportionably for a greater or less quantity, which he shall pay and discharge by inspectors notes, for any quit-rents, secretary's, clerks, sherifs, surveiors, or other officers fees. | |
| XIX. And to the end, county and parish creditors, who, either by law or contract, ought to have their tobacco paid them convenient, may not be prejudiced by the abatements aforesaid, Be it enacted, That during the continuance of this act, there shall be levied by the courts of the several counties, and vestries of the respective parishes, the several and respective allowances herein before mentioned, for all tobacco which ought to be paid convenient; together with four per cent. for collecting and paying the same in inspectors notes. And where any tobacco ought by law to be paid with cask, there shall be levied, during the continuance of this act, four per cent. for cask, and no more. | How made. |
| XX. And for a further direction to the sherifs and other collectors, for receiving and paying the county and parish levies, quit-rents, and officers fees, Be it enacted, by the authority aforesaid, That the said sherifs and collectors, shall pay and discharge the levies, quit-rents, and fees aforesaid, to the several persons to whom the same shall be due, by the same notes which they shall receive in paiment thereof. | Sheriffs, &c. to pay the same as received. |
| XXI. And to the end, the public, county, and parish levies, secretary's, clerks, and other officers fees, may be discharged in due time, Be it further enacted, | When public tobacco debs to be paid. |
| by the authority aforesaid, That during the continuance of this act, all public, county and parish levies, quit-rents, secretary's, clerks, sherifs, surveiors, and other officers fees, paiable in tobacco, shall be paid and satisfied by the persons chargeable with and indebted for the same, to the sherifs, or other collectors, by inspectors notes, before the tenth day of April, yearly. And if any person, chargeable with the dues or fees aforesaid, shall neglect or refuse to pay the same, within the time aforesaid, it shall and may be lawful to and for the sherifs or other collectors, immediately after the said tenth day of April, to distrain the goods and chattels of the person or persons so neglecting and refusing; and to sell and dispose thereof, for tobacco, in the same manner as is directed by law for goods taken in execution; and the overplus (if any be) after paying the said dues or fees, and the charges of distress, which is hereby declared to be the same as for serving an execution, shall be returned to the debtor. | Distress. |
| XXII. Provided always, That where any goods or chattels shall be distrained, for non-paiment of quit-rents, such goods and chattels shall only be redeemed by paiment of sterling money, or bills of exchange, for so much as the said quit-rents amount to: And if not redeemed, the sheriff shall sell the same for sterling money, or bills of exchange; and account to the creditor accordingly. | Distress for quit-rents. |
| XXIII. And be it further enacted, by the authority aforesaid, That the sherifs, or other collectors of the said levies or fees, shall, before the last day of April, yearly, pay and deliver to each creditor, according to their respective debts and claims, all the inspectors notes he or they have received, in satisfaction thereof. And if any sheriff or other collector, shall refuse or delay to make paiment accordingly, if required, he or they so refusing or delaying, shall forfeit and pay to the party grieved, double the value of the tobacco so refused or delaied to be paid: To be recovered, with costs, in any court of record within this dominion. | Sheriffs, when to pay. |
| XXIV. And be it further enacted, by the authority aforesaid, That during the continuance of this act, nothing shall be accounted a lawful tender, to discharge any debt, contract, or duty, paiable in tobacco, unless paiment of the same be tendred in inspectors notes. | Tender. |
| XXV. And for preventing the clandestine transportation of bad and unmerchantable tobacco, from this colony, to the province of Maryland, Be it enacted, by the authority aforesaid, That no tobacco whatsoever, of the growth or production of this colony, shall, during the continuance of this act, be transported, or carried into the province of Maryland, either by land or water, until the same hath been first viewed, examined, and stamp'd, at one or other of the warehouses herein after mentioned. And if any person or persons whatsoever, shall presume to carry or transport, or cause to be carried or transported, any tobacco not viewed & stamp'd, as aforesaid, to the said province of Maryland, every hogshead, cask, case, parcel, or package, shall be forfeited; and may be seized, by any person or persons who shall discover the same, to his or their proper use; and the owner or owners of such tobacco, shall also forfeit and pay twenty pounds current money, for every hogshead, cask, or case of tobacco, so transported or carried, as aforesaid. And for every hundred weight of tobacco so transported or carried in bulk, or in parcels, forty shillings of like money: Both which said forfeitures shall and may be recovered, by any person or persons who will inform or sue for the same, in any court of record within this dominion: In which actions and suits, it shall and may be lawful, to and for the court where the same shall be depending, to issue a dedimus potestatem, or commission, to any persons residing in the said province of Maryland, to take the depositions of witnesses, in the said province; which said depositions so taken and returned, shall be allowed as good evidence on the trial. And if any action or suit shall be commenced against any person or persons, for seizing any tobacco transported, or intended to be transported to Maryland, contrary to the directions of this act, it shall and may be lawful, to and for the defendant or defendants to plead the general issue, and give this act, and the special matter, in evidence: And if the plaintiff or plaintiffs shall be nonsuited, suffer a discontinuance, or a verdict pass against him, her, or them, the defendant or defendants shall recover double costs. | Penalty for clandestinely carrying tobacco to Maryland. |
| XXVI. And forasmuch as it is necessary, that a sufficient number of scales and weights, for putting this act in execution, be speedily provided, Be it enacted, by | Scales and weights: |
| the authority aforesaid, That the treasurer of this dominion, out of the public money in his hands, shall, and he is hereby impowered and directed, to provide as many scales, with the weights for each pair, to weigh twelve hundred pounds nett at least, as shall be wanting, to supply each warehouse appointed by this act, with one pair of scales, and the weights necessary for the same: And that the purchase money of the said scales and weights, and the necessary charges thereon, shall be repaid to the said treasurer, out of the money arising by virtue of this act. And that for all nails used by the said inspectors, at the respective warehouses, for nailing and securing the tobacco to be shipp'd from thence, the price thereof shall be allowed to the said inspectors, in passing their accounts with the treasurer. | Nails. |
| XXVII. And be it further enacted, by the authority aforesaid, That all tobacco brought to any of the said warehouses, in hogsheads, casks, or cases, to be exported, on the account and for the use of the owners thereof, after the same shall have been examined, viewed, and weighed, and found to be good, shall be stamp'd as is herein before directed: And the said inspectors, or one of them, shall deliver to the person bringing the same, as many receipts, signed, sealed, or stamp'd as aforesaid, as shall be required, for the number of hogsheads so brought and stamp'd. And for every hogshead, cask, or case of tobacco, brought to any of the said warehouses, to be exported, on the account and for the use of the owners thereof, there shall be paid to the inspectors there attending, three shillings lawful money, for viewing, examining, stamping, and nailing. | Tobacco to be stampt. |
| XXVIII. And, for restraining the undue practice of mixing trash with stem'd tobacco, and preventing the packing tobacco in unsizeable cask, Be it enacted, and declared, That all stem'd tobacco, not laid straight, whether the same be packed loose, or in bundles; and all tobacco packed in hogsheads, which exceed eight and forty inches in the length of the stave, or thirty inches at the head, within the croes, making reasonable allowance for prising, which allowance shall not exceed two inches above the gage, in the prising head, shall be accounted unlawful tobacco, and shall not be passed or received; but the owner of such tobacco, packed in | Trash. Size of casks. |
| cask of greater dimensions than is herein before expressed, shall be obliged to re-pack the same in sizeable casks, at his own cost and charge, before the same shall be stamped by the said inspectors. | |
| XXIX. And be it further enacted, by the authority aforesaid, That when any tobacco shall be brought to any of the said public warehouses, and refused by the said inspectors there officiating, the owner of such tobacco shall not be permitted to take or carry away the same from the warehouse to which the same shall be brought; but the said inspectors shall permit and suffer the owner of such tobacco, or other person bringing the same, to sort and separate the tobacco so refused, in the same warehouse, without demanding any fee or reward; and so much of the said tobacco as shall be separated and taken apart from the rest, as bad, unsound, or unmerchantable tobacco, shall in the presence of the said inspectors officiating, or of one of them, be immediately burnt: And if any owner of, or other person, bringing such tobacco so refused, will not sort and separate the same, then every such hogshead, or parcel of tobacco, shall be immediately burnt, as is herein before directed. | Refused tobacco, how disposed of. |
| XXX. And if any tobacco packed in cask by an overseer, or the hands under his care, shall be burnt by the said inspectors, by the reason of its being bad, unsound, or not in good condition, the overseer who had the care of making and packing the same, shall bear the loss of the tobacco so burnt, and make satisfaction for the same out of his share of the crop, or otherwise. | Overseers liable. |
| XXXI. And, to the intent, the just quantity of tobacco exported, may be the more exactly known, and all evil practices to defraud his majesty of his customs prevented, Be it further enacted, by the authority aforesaid, That the said inspectors, at the several public warehouses of which they are appointed, shall carefully enter, in a book to be provided and kept for that purpose, the marks, numbers, gross, nett weight and tare, of all tobacco viewed and stamped by them as aforesaid, and in what ships or vessels the same shall be laden or put on board: and shall also, with every sloop-load, or boat load of tobacco, send a list of the marks, numbers, gross, nett weight and tare of every hogshead of tobacco then delivered, to be given to the master of the ship or vessel in which the same shall be put on board, | Weights of tobacco to be entered. Manifests, when to be furnished. |
| And if the tobacco delivered to the same sloop or boat, is intended to be put on board several ships or vessels, then he shall deliver so many distinct and several lists, as aforesaid, of the hogsheads to be put on board each ship or vessel respectively: Which lists, every master of a ship or vessel is hereby required to produce to, and lodge with the naval officer of the district where the ship or vessel whereof he is master shall ride, or by whom she shall be cleared, some time before her clearance: And shall also, at the time of clearing, deliver to the said naval officer, two fair manifests of all the tobacco on board his ship or vessel, expressing the marks and numbers of every hogshead, the tare and nett weight stamp'd thereon, the person by whom shipp'd, and from what warehouse; and shall make oath thereto, and that the same is a just and true account of the marks, numbers, tare, and nett weight of each respective hogshead, as the same was taken down by the person or persons appointed by him to take the same, before the said tobacco was stowed away. And no ship or vessel shall be cleared by the naval officer, before he shall have received such lists and manifests: One of which said manifests shall, by the said naval officer, be annexed to such master's certificate or clearance, to the end the same may be delivered to the chief officer of the customs, in such port or place where the said ship shall unlade; and the other of the said manifests, shall, by the said naval officer, be transmitted to the said chief officer of the customs, by the next convenient opportunity. | |
| XXXII. And be it also enacted, That the inspectors of every public warehouse, shall, annually, before the sixth day of July, during the continuance of this act, deliver, or cause to be delivered, a report or manifest, signed by them, of the marks, numbers, gross, nett weight, and tare, of all tobacco view'd and stamp'd at the respective warehouses under their inspection, and in what ship or ships, or other vessels, the same were laden or put on board, to the naval officers of the districts in which such ships or vessels were laden respectively; who shall transmit the same, and a duplicate thereof, without delay, to the commissioners of his majesty's customs. And the like reports or manifests, shall be, by the said inspectors, delivered to the respective naval officers of the several districts, if any tobacco | Inspectors to make returns. |
| shall be shipp'd from their warehouses after the said sixth day of July, yearly, as soon as all the tobacco shall be delivered out of such warehouses. | |
| XXXIII. And be it further enacted, by the authority aforesaid, That every person who shall be appointed an inspector of tobacco, pursuant to this act, shall, before he enters upon the execution of that office, make oath, before the governor or commander in chief for the time being, "Carefully to view and examine all tobacco brought to any public warehouse whereof he is appointed an inspector; and to the best of his skill and judgment, not to receive any tobacco prohibited by this act, or that is not sound, well-conditioned, and, in his judgment, clear of trash, sand, and dirt; and faithfully to discharge the duty of his office, according to the directions of the same, without favour, affection, partiality, or other by-respect." And shall also enter into bond, with good security, in the penalty of one thousand pounds of lawful money, paiable to our lord the king, his heirs and successors; with condition, for the true and faithful performance of his said office and trust, according to the directions of this act. And every inspector so appointed, shall constantly attend at some or one of the warehouses under his charge, from the tenth day of November, until the last day of June, in every year, to receive and inspect tobacco, (except Sundays, and the holy days observed at Christmas, Easter, and Whitsuntide, or when otherwise hindred by sickness) and no tobacco shall be received after that time, until the tenth of November following: but the said inspectors, or one of them, shall, at any time (except as herein before is excepted) upon application to them made, deliver any tobacco for exportation, by them before received. | Oath of inspectors. Bond. Attendance. |
| XXXIV. And be it further enacted, That when any inspector shall bring his own tobacco to the warehouse whereof he is an inspector, the same shall not be passed or stamped, unless it be first viewed, examined, and found good, sound, and merchantable, according to the directions of this act, by the other two inspectors, attending at such warehouse: and, if upon such view they disagree, then an inspector shall be called from the next adjacent warehouse or inspection, to determine concerning the quality of the said tobacco: And the like method shall be observed therein, as herein | Tobacco belonging to inspectors, how to be viewed. |
| before is prescribed for the passing or refusing other tobacco brought to the said warehouses. | |
| XXXV. And to the end, the said inspectors may not be induced, from any private advantage, to stamp or receive any bad or unmerchantable tobacco; and may have a sufficient encouragement and compensation for discharging the said office, with integrity and application. | |
| XXXVI. Be it further enacted, That every inspector of tobacco, for so long time as he shall act in execution of that office, shall be paid for his trouble, and necessary expence, (a) sixty pounds per annum: And every inspector shall annually, or oftner, during his continuance in that office, account for, and pay to John Holloway, esq. treasurer of this colony, or to the treasurer of the colony, for the time being, to be appointed by the general assembly, (the said inspector's salary, warehouse rent, and such expences, as he, or they shall make appear to have been disbursed, for nails, and printed notes and receipts, being first deducted,) all sums of money, fees, and profits, which he hath received, or have been paid to him, by virtue of this act, (except the before-mentioned allowances, for shrinking and wasting of tobacco;) and shall make oath to the truth and justness of the same. And if any inspector shall be removed from the said office, he shall forthwith account, in manner as is herein before directed. | Salary. How to account. |
| XXXVII. And if the money received by the inspectors of any of the warehouses aforesaid, shall not be sufficient to pay the salaries, and other incident charges herein before-mentioned, such deficiency shall be made good, and paid out of the general fund, arising by the profits of the other warehouses; and if that should prove deficient, then the said salaries and charges shall be satisfied and paid out of any other public money, in the hands of the treasurer for the time being. And no inspector, during his continuance in that office, shall take, accept, or receive, directly, or indirectly, any gratuity, fee, or reward, for any thing by him to be done, in pursuance of this act, other than his salary, | Deficiency to be made good. |
| Note to Edition 1733. | |
| (a) The inspectors salaries are altered, and more equally settled and this part of the act, relating thereto repealed. Anno 1732, ch. 9, sec. 10. |
| and the other paiments 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, 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 any bribe, reward, or gratuity, to any inspector, for any thing by him to be done, in pursuance of this act, other than the fees and allowances herein before directed 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 forfeitures shall be to our sovereign 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. | Penalty for taking any reward. |
| XXXVIII. And, to prevent any suspicion of the said inspectors taking to themselves the best of the tobacco that may be brought to the said warehouses, at which they officiate, no inspector, during the time of his being such, shall, directly or indirectly, for himself, or any other person, buy, or receive, by way of barter, loan, or exchange, any tobacco whatsoever, under the penalty of forfeiting twenty pounds for each hogshead, cask, or case of tobacco, so bought, or received. | No inspector to trade. |
| XXXIX. Provided always, That nothing herein contained, shall be construed to prohibit any inspector from receiving his own proper debts, or rents in tobacco, which shall be first viewed, examined, and stamp'd, at any warehouse under his inspection. | May collect his own debts. |
| XL. And be it further enacted, by the authority aforesaid, That if any inspector shall stamp any hogshead, case, or cask of tobacco, which shall be found to contain any bad or unsound tobacco, or trash, or not well packed, every inspector, so stamping such hogshead, case, or cask of tobacco, shall forfeit and pay, for every hogshead, | Penalty for passing bad tobacco. |
| case, or cask of tobacco so stamp'd, the sum of (a) ten pounds of lawful money: Which said penalty shall and may be recovered, with costs, against the said inspectors who stamp'd such hogshead, case, or cask of tobacco, by action of debt, bill, plaint, or information, by him, her, or them, who will inform and sue for the same, wherein no essoin, protection, privilege, or wager of law, shall be allowed: And the court, where such suit shall be depending, shall and may proceed therein, without regard to the form or manner of the proceedings, so as sufficient substance be set forth, for such court to proceed to judgment. | |
| XLI. And when any person shall be entitled to receive a hogshead of tobacco, on any inspectors notes, they shall be obliged to open the hogshead, and shew such tobacco to the person demanding the same, if required. And if such person shall refuse to accept of the tobacco so offered, or tendred in paiment, by an inspector, as bad, unsound, or unmerchantable, such person so refusing, or not accepting thereof, shall make immediate application to any three justices, near or nearest to the warehouses, at which the tobacco, so refused, shall be offered, or tendred in paiment, who are no way related to the parties, nor concerned in interest. And the said justices shall take an oath, before some other justice of the peace 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, and merchantable, according to the directions of this act, and clear of trash, sand and dirt; and that they will therein do their duty, according to their judgment and conscience, without favour, affection, partiality, or other by-respects: which said three justices so sworn, are hereby directed, impowered, and required, upon such application, to repair to the said warehouse, whereat such tobacco shall be tendred or offered in paiment; and carefully to view and examine | When to open tobacco. If refused. |
| Note to Edition 1733. | |
| (a) This clause which inflicts a penalty of 10l. per hogshead on the inspectors, for stamping bad tobacco, is repeal'd; it being judg'd, that the inspector's oath, and the loss of tobacco, if condemn'd, are sufficient restraints on them, Vid. Anno 1732, ch. 9, sec. 9. |
| the same, in such manner as they shall think fit. And if any two of them shall adjudge the tobacco so tendred, or offered in paiment, to be bad, unsound, and unmerchantable, according to the directions of this act, to cause the same to be immediately burnt, and to take wood for that purpose. 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, or tendred the same in paiment, five shillings each. — And if the said justices, or any two of them, shall adjudge the tobacco so tendred or offered in paiment, to be good, sound and merchantable, according to the directions 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 be tendred or offered in paiment, by an inspector, and refused, the said inspectors, or any of them, shall not be at liberty to tender or offer in paiment, nor the person demanding the same, to receive, any tobacco, in lieu thereof, before such tobacco shall have been viewed, as aforesaid; but the person refusing, shall immediately mark the same. And if any inspector shall offer or tender in paiment, any tobacco, in lieu of the tobacco so refused, before the same shall have been viewed, as aforesaid; or shall not produce the same tobacco so refused, to the said justices; in either case, it shall be taken for a conviction, that the tobacco so tendered, or changed, is bad, unsound, or unmerchantable: and every such inspector shall be liable to the penalties herein before mentioned, for stamping bad, unsound, or trash tobacco. | |
| XLII. And be it further enacted, by the authority aforesaid, That if any person whatsoever, shall forge or counterfeit the note, receipt, or stamp, of any inspector, or tender in paiment any such forged or counterfeited note, knowing it to be such; or export, or cause to be exported, any hogshead, cask, case, box, chest, or other package of tobacco, stamp'd with a counterfeit or forged stamp; or demand tobacco of any inspector, upon any such forged or counterfeit note or receipt, knowing the note or receipt so tendred, or whereupon the tobacco shall be demanded, or the stamp upon such hogshead, cask, case, box, chest, or other package, to be forged or counterfeit; or shall put or pack into any hogshead, cask, or case of tobacco, | Forging and counterfeiting tobacco notes. |
| stamp'd by any inspector, any tobacco whatsoever; or shall draw, or take out any stave, plank, or headingboard of any hogshead, cask or case of tobacco, stamp'd as aforesaid, and fix the same in any other hogshead, cask, or case of tobacco, after such hogshead, cask, or case shall be delivered out, at the said public warehouse, every person so offending, being thereof convicted by due course of law, shall be adjudged a felon, and shall suffer as in case of felony. | |
| XLIII. And for settling the number of public warehouses, and
appointing the places where the same shall be kept, pursuant to this act, Be it enacted and
declared, That a public warehouse or warehouses shall be kept, and the same are hereby
appointed to be kept at the following places, to wit: For the counties of Goochland, and Henrico; at Warwick, upon Howlet's land; and Shockoe's upon Col. Byrd's land, under one inspection. At Bermuda Hundred, upon William Eppes's lots; and turkey Island, upon Col. Randolph's land, in Henrico county, another inspection. In Prince George; at Appamatox Point, upon Col. Bolling's land; on Col. Robert Mumford's land; and Powel's Creek; upon Mr. Bland's land, under one inspection. At Cabbin Point, in Surry; and Merchants Brandon, in Prince George County, under one inspection. At Gray's Creek, in Surry, where the Agents houses were, and Warricksqueak Bay, in Isle of Wight County, under one inspection. At Swineherd's and Mr. John Soan's, in Charles City County, under one inspection. At Waynwright's Landing, Isle of Wight; and Laurence's, in Nansemond County, under one inspection. At the widow Constance's, at Sleepy-Hole Point, in Nansemond County, under one inspection. At Norfolk Town, upon the fort land, in the County of Norfolk; and Kemp's Landing, in Princess Anne, under one inspection. At Hampton, in Elizabeth City, upon Mr. Miles's lot, at Warwick Town, in the County of Warwick, upon Mr. Gough's lots; and at Charles river, Roe's storehouse, in the county of York, under one inspection. At Hog-Neck, in James City County; and at Taskanask, in New Kent, upon William Morris's land; |
Warehouses established. |
| and the Colledge, and Capitol landings, upon Mr. Holloway's land,under one
inspection. At the town of York, where the agents house was; and at Gloucester town, upon capt. Hannar's land,under one inspection. At Deacon's Neck, and Poropotank, in Gloucester County, where the agents house was, under one inspection. At Crutchfield's,upon Col. Page's land; and Mr. David Merriwether's in Hanover County, under one inspection. At Todd's, in King and Queen; and Aylett's warehouse, in King William County, under one inspection. At John Quarle's in King William; and at Mantapike, and Shepherd's in King and Queen County, under one inspection. At Chamberlain's in New Kent; and Williams's ferry, in King William,under one inspection. At Urbanna, where the agents house was; and major Kemp's, in Middlesex County, under one inspection. At Hobb's Hole, upon the lands of James Griffin; and at Bowler's ferry, upon Adams's land, in Essex, under one inspection. At Naylor's Hole, upon William Fantleroy's land, where his prise houses now are; and the mouth of Totaskey, at Newman Brokenborough's landing, in Richmond County; both under one inspection. At Layton's, in Essex; upon Maddox Creek, at Martin's, in Westmoreland; and Bray's Church, in King George County, under one inspection. At Falmouth, upon Mr. Todd's lots in King George; and at Fredericksburg, upon Mr. Francis Willis's lots, in Spotsylvania County, under one inspection. At William Glascock's landing, in Richmond; and at the Rolling House, upon Deep Creek, in Lancaster County, under one inspection. At Corotoman, at Queen's Town, where the agents houses were; and on the land where the widow Davis lives, in Lancaster; and the Indian Creek, at the warehouses, in Northumberland County, under one inspection. At Wiccocomico, at Robert Jones's; and at Coan, at the warehouses in Northumberland, under one inspection. At Nominy,upon Patrick Spence's land; and Yeocomico, |
| at the warehouse, in Westmoreland County, under one inspection. At Boyd's Hole, upon col. Fitzhugh's land; and Marlborough Town, in Stafford County, under one inspection. At Qantico, upon Robert Brent's land; and great Hunting Creek, upon Broadwater's land, in Prince William County, under one inspection. At John Roy's and Mr. Francis Conway's in Caroline, and at Gibson's in King George county, under one inspection. At Cherrystone's, at John Watersons; at Nasswaddock's, at the Joiner's landing; and at Hungers, at George Harmanson's, in Northampton County, under one inspection. On the head of Pungoteague, at Addison's landing; at Pitt's landing, upon Pokomoke; at Guilford, at Mr. Andrew's warehouse landing, in the county of Accomack, under one inspection. |
How land for warehouses may be acquired. |
| XLIV. And that the said warehouses, at the places aforesaid appointed, are the public warehouses, meant and intended by this act, and no other. and the clerks of the respective county courts are hereby impowered and required to issue, and the sheriff duly to execute, one or more summons or summons's, to the proprietor or proprietors of the land, whereat such public warehouse or warehouses is, or are appointed to be kept; or if such proprietor or proprietors be under age, feme covert, or out of the country, to the guardian, husband, or known attorney, as the case is, to appear before commissioners, by the governor or commander in chief, for the time being, for that purpose to be appointed, at the county court-house, on such days, as the said commissioners shall appoint; whereof public notice shall be given, by setting up a note, in writing, at the door of every church, and chapel, at least two Sundays, or sermon days, before the day appointed; and declare, whether they will erect and build such warehouse or warehouses, as by the said commissioners shall be directed, and a good (a) wharf at the landing adjoining thereto: and the said commissioners, before the proprietor of the land be called in, are hereby impowered and required to settle such a reasonable yearly | |
| Note to Edition 1733. | |
| (a) The commissioners are required to provide all necessary conveniencies at the warehouses. Anno 1732, chap. 9, sec. 12. |
| rent to be paid by the inspectors, & allowed them, on passing their accounts as aforesaid, as to them shall seem meet. And if the proprietor, guardian, or known attorney, as the case is, shall appear, and undertake the building of such storehouse or storehouses, and wharf, the said commissioners are hereby required to take bond to the governor or commander in chief of this colony, for the time being, for the due performance of the said undertaking; and shall return all bonds by them so taken to the secretary's office. | |
| XLV. Provided always, That the several commissioners appointed in pursuance of this act, shall, and are hereby required, before they enter upon the execution of their said office, to take an oath, before the court of the county wherein they are to officiate, faithfully, justly, and impartially to execute the trust reposed in them, according to the best of their understanding and conscience. | Oath of commissioners. |
| XLVI. And be it further enacted, by the authority aforesaid, That if the proprietor of any land, whereon a public warehouse is appointed to be kept, shall refuse to erect and build a good substantial warehouse or warehouses, according to the directions of the said commissioners, and a good wharf at a landing adjoining thereto; and to let the same to the inspectors at a reasonable rent, to be adjudged as aforesaid; that then it shall be lawful for the said commissioners, and they are hereby required, to value an acre of the said land, for the use aforesaid: And if the said inspectors, or any other person, shall pay, or tender, to the proprietor of the said land, the value thereof, according to such valuation, and will erect thereon a storehouse or storehouses, and wharf, in manner above directed; such inspector, or other person, paying the value of the said land, and building thereon, as aforesaid, shall be from thenceforth possessed of the land, to him and his assigns, during the time such place shall be made use of for a public warehouse. And in case the proprietor of the said land, or any other person, will not build such warehouse or warehouses, and wharf, on the said land, and let the same to the inspectors; that then it shall and may be lawful, for the court of that county, and they are hereby required, to pay, or tender to the proprietor of the said land, the value thereof, according to such valuation; and to cause to |
| be built thereon, such warehouse or warehouses, and wharf; and to levy the charge thereof, upon the inhabitants of their county: And shall take and receive the yearly rent established for such warehouse or warehouses, which shall be paid by the inspectors thereof, for reimbursing the county the charge of purchasing the said land, and building thereon. And from thenceforth, the justices of the said county, shall be possessed of the said lands and tenements, to them and the succeeding justices, to the use of the said county, during the time such place shall be made use of for a public warehouse. And if it shall happen, that any of the places herein before appointed for public warehouses, shall be discontinued, the proprietor of the land, returning the price paid for the acre on which such warehouse was built, shall be from thenceforth thereof seised, as of his former estate. And the same method shall be observed, in case the inspectors shall at any time thereafter, during the continuance of this act, find it necessary to have more warehouses erected, at any of the places appointed for the use above mentioned. | Where they are discontinued. |
| XLVII. Provided always, That nothing herein before contained, shall be construed to give any power to the said commissioners, to take away the houses, orchards, or other immediate conveniences, of any proprietor of land, for the uses or purposes aforesaid: Nor to the said inspectors, to keep any horses, cattle, or hogs, at any of the said public warehouses, but what shall be constantly inclosed, and kept upon the land appointed for such warehouses. And if any swine belonging to the said inspectors, or any of them, shall be found at large, upon the land appropriated for such warehouses, or the lands adjoining thereto; it shall and may be lawful, to and for the proprietor of the land on which the said warehouses are placed, to kill, or cause to be killed or destroied, all such swine. | Not to take houses, &c. |
| XLVIII. And be it further enacted, by the authority aforesaid, That if any of the warehouses herein before mentioned, shall accidently happen to be burnt, the loss sustained thereby, shall be made good, and repaired, to the several persons injured, by the general assembly, at the next session after such loss. | Loss by fire. |
| XLIV. And be it further enacted, by the authority aforesaid, That this act, and every matter, clause, and thing therein contained, shall continue, and be in force, | Limitation of act. |
| for the term of four years, from the said first day of August; and from thence, to the tenth day of November next following, and no longer. |
| Pages 241-246
| Pages 271-287
|