Pages 278-298
|  Pages 319-338
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| Pages 278-298
| Pages 319-338
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| CHAP. XXXVIII. | ||
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| I. WHEREAS it is necessary, for the safety and preservation of vessels coming into the bay of Chesapeake, bound up the rivers of this commonwealth, that able and experienced pilots should be established to conduct such vessels for reasonable fees: | Preamble. | |
| II. Be it enacted, That Paul Loyal, Thomas Brown, James Barron, John Gwynn, Edward Cooper, Charles Bayless, and James Latimer, or any three of them, be, and they are hereby appointed to examine every person that shall desire to be admitted a pilot, he first producing a certificate from the county court where he resides, of his honesty and good behaviour, paying down to the examiners the sum of thirty shillings; and if upon examination, such person shall appear of sufficient skill and ability, the said examiners shall thereupon grant such person a branch, and thenceforth he shall be reputed a lawful pilot: Provided, That no person whatever shall be permitted to execute the business of a pilot, notwithstanding he may have such branch as aforesaid, unless he, or the company to which he belongs, shall keep one sufficient boat of eighteen feet keel at the least, under the penalty of fifty pounds for every vessel such pilot shall undertake to conduct, to be recovered with costs, in any court of record in this commonwealth, by the party suing for the same, to his or her own use; and if any person not having such branch, and keeping such boat as aforesaid, shall presume to take upon himself to conduct or pilot any vessel coming from sea to or from any place or places hereafter mentioned, every such person shall forfeit and pay the sum of fifty pounds to be recovered with costs, in any court within this commonwealth, by the party suing for the same, and moreover such person shall be liable for all damages occasioned by his undertaking the pilotage; to be recovered by action at common law, in any court within this commonwealth, by the party injured. Provided, That this act shall not be | Examiners of pilots appointed, who may grant branches. What boats pilots to keep. Penalty for acting without a branch. |
| construed to extend to hinder any person or persons from assisting any vessel in distress, so as he or they shall deliver up such vessel to the pilot who shall come on board and offer to undertake the conducting of her, for which such assistant shall and may demand and receive from the said pilot, half the fees allowed for pilotage by this act. And whereas great inconveniences have arisen from pilots entering into combination or partnership, which has occasioned great neglect of their duty: For prevention whereof, | Not to extend to vessels in distress. |
| III. Be it enacted, That no more than four pilots shall be in partnership, under the penalty of one hundred pounds each; to be recovered with costs by any person suing for the same. And for the encouragement of pilots for the same. And for the encouragement of pilots to do their duty, and that all pilots may be induced to keep a good look out; | How many pilots may be in partnership. |
| IV. Be it enacted, That every master of a merchant's vessel coming from sea, shall be obliged to receive the first pilot, who offers below the Horse-Shoe, to conduct his vessel, or shall pay him full pilotage to the first port, and shall continue the same pilot to his port of discharge; and every pilot cruising or standing out to sea shall offer his services first to the vessel which may be nearest the land, or in most distress, or other lawful cause shall refuse to go on board any vessel, when required by the master, to execute his office, such pilot or pilots, in either case, shall, upon complaint and conviction before the examiners or any three of them, forfeit to the party injured, twenty pounds, and be liable to be suspended by them for such time as they shall think fit. Every vessel having no pilot on board, and following another that has a pilot, shall pay him half fees. | First pilot offering to be taken Their duties |
| V. And be it enacted, That if any pilot shall negligently or carelessly lose any vessel under his care, and be thereof convicted by due course of law, he shall forever after such conviction be incapable of acting as a pilot in this state, and shall be also liable to pay all such damages which any person or persons shall sustain by such negligence or carelessness; to be recovered in manner before directed. And for preventing any exorbitant demands for pilotage. | Penalty for negligently losing a vessel. |
| VI. Be it enacted, That the following, and no greater prices, shall be taken or demanded, to wit: On James | Rates of pilotage. |
| river, for all vessels coming from sea, from Cape-Henry or Lynhaven bay, to Hampton-road, forty shilling's, and for going out to sea thirty shillings, and for each foot depth of water they draw, from Hampton road to Sowell's point to Norfolk, three shillings per foot; to Sleepy-Hole, or Look-out, three shillings and eight pence per foot; to Pagan-creek, three shillings per foot; to James town, seven shillings and six pence per foot; to Martin's Brandon, eight shillings per foot; to Flower de Hundred, eight shillings and six pence per foot; to City-Point or Bermuda-Hundred, eleven shillings per foot; to Four-Mile Creek, thirteen shillings and three pence per foot; to Osborne's, fifteen shillings per foot; to Warwick sixteen shillings and ten pence per foot; and to Richmond, eighteen shillings per foot. On York river, coming from sea, from the Capes or Lynhaven-Bay to York town, three pounds, and for going to sea, two pounds; from Back river, or Egg Island, to York town, thirty shillings; from York town to West-Point, four shillings and ten pence per foot; to Cumberland, six shillings per foot; to the highest landings on Pamunkey, seven shillings and six pence per foot; to Shepherd's five shillings and six pence per foot; to Meredith's, Moore's, or the highest landings on Mattapony, seven shillings and two pence per foot; from Cape-Henry, to any river on Mobjack bay, three pounds; from the Cape to Urbanna, four pounds, and for going from Urbanna to sea, three pounds; from Urbanna to Hobb's-Hole, three shillings and six pence per foot; to Naylor's-Hole, four shillings and ten pence per foot; to Leed's or Micou's; seven shillings and nine pence per foot; to Port-Royal, eleven shillings per foot; to Fredericksburg, thirteen shillings and nine pence per foot; from Cape-Henry to Pianketank, four pounds; from Cape-Henry to Smith's point on South Potowmack, coming from sea, six pounds, and for going out, five pounds; from Smith's Point to Coan or Yocomico, three shillings per foot; to Machadock, three shillings and six pence per foot; to Upper Machadock, four shillings and ten pence per foot; to Nangomy, six shillings per foot; to Boyd's Hole, six shillings and six pence per foot; to Quantico, seven shillings and three pence per foot; to Ocoquan, seven shillings and nine pence per foot, to Piscattaway, nine shillings and six pence per foot; to Alexandria, eleven shillings and four pence |
| per foot; to Eastern-Branch, twelve shillings per foot; and the same fees by the foot back again, and from the places aforesaid to the Capes. And where any master of a vessel shall give reasonable notice to the pilot he shall employ, of the time and place such master shall appoint for his attendance, and such pilot shall attend accordingly, he may demand and take the sum of ten shillings for every day he shall be detained by such master's not being ready to proceed according to his notice; and if any pilot shall demand or exact any other or greater fee, he shall forfeit double the sum so demanded, recoverable before two justices, one of whom being of the quorum, with costs by the informer. And to that end, that strangers may not be imposed on in the rates of pilotage as settled by this act, | |
| VII. Be it enacted, That every pilot appointed in pursuance of this act, shall be obliged, when he is in execution of his office, to carry with him a copy thereof; and when he receives the fees for the services performed on board any vessel, he shall produce the said copy to the master of the vessel, to shew that he demands no greater fee than is allowed by this act; and if any pilot shall neglect or refuse such copy as aforesaid, he shall forfeit and pay twenty pounds, to any person who shall sue for the same, to be recovered in any court within this state. And where any pilot has reason to believe the master of any vessel will not pay the pilotage. | Pilots to exhibit a copy of the law. |
| VIII. Be it enacted, That the pilot make out his account for the pilotage due him, and deliver the same to the naval-officer, where the master of such vessel clears out; and the said naval-officer, is hereby authorised to demand and receive the said pilotage, before the master shall be permitted to clear out his vessel. The naval-officer shall retain two and a half per centum for receiving the money and paying the same to the pilot. And for the further encouragement of pilots to do their duty. | Payment of pilotage, how enforced. |
| IX. Be it enacted, That every branch-pilot shall be, and he is hereby exempted from militia duty, during the time he shall act as pilot. | Pilots exempted from militia duty. |
| X. And be it further enacted, That the public printer shall furnish the examiners on demand, with one hundred copies of this act; one of which copies, signed by | Public printer to furnish copies of this act. |
| three of the said examiners, shall be delivered to each pilot. | ||
| XI. And be it further enacted, That all and every other act or acts, as comes within the purview of this act, shall be hereby repealed. | ||
 CHAP. XXXIX. | ||
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| I. WHEREAS, by an act of assembly which passed in the year one thousand seven hundred and eighty four, intituled "An act to discharge the people of this commonwealth from the payment of one half of the revenue tax for the year one thousand seven hundred and eighty five, the inhabitants of the counties westward of the Blue Ridge were permitted to discharge their arrears of taxes due for the years one thousand seven hundred and eighty two, and one thousand seven hundred and eighty three, in hemp at thirty shillings per hundred, provided the same was delivered on or before the twentieth day of December, in the year one thousand seven hundred and eighty five. And whereas it has been represented to the present assembly, that a number of the said inhabitants are at this time possessed of receipts for hemp, delivered pursuant to the directions of the said recited act, and it is doubted whether the same can now be received from the sheriffs or collectors, because of the expiration of the said act of assembly: | Certain receipts for hemp, receivable for taxes. | |
| II. Be it therefore enacted, That the receipts for hemp delivered according to the directions of the said recited act, shall be receivable for the taxes due in the years one thousand seven hundred and eighty two, and one thousand seven hundred and eighty three, in like manner as if the said act had not expired. |
| III. And be it further enacted, That upon any of the said receipts being paid into the treasury, if it shall be found that any of the hemp for which such receipts were given by the commissioners be not forthcoming, the treasurer shall give information of the same to the solicitor, who is required by this act to proceed against the said commissioners in the same manner as against other public debtors. Provided always, That no receipts for hemp shall be received from any sheriff, or his deputy, unless he shall make oath that the receipts he renders were actually received by him in discharge of taxes, or were exchanged for hemp receipts he had received as aforesaid. | ||
| CHAP. XL. | ||
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| I. WHEREAS it is expedient that the collection of the duties on imports should be more effecually secured, | Preamble. | |
| II. Be it enacted, That the duties already imposed, or hereafter to be imposed on vessels coming, and on goods, wares, and merchandises, imported into this commonwealth, shall be ascertained, paid, or secured to be paid, and accounted for in like manner, and under the regulations, penalties, and forfeitures, in all respects whatsoever, as the duties heretofore imposed, excepting so far only as shall be otherwise directed by this act. | Collection of duties. | |
| III. Provided always, and be it enacted, That no duties shall be payable on any articles imported for the use of this commonwealth, or which are the property of the United States, or either of them. Provided also, That no duties shall be payable on any articles imported directly by water, in vessels belonging wholly to citizens of the United States, which shall be | Articles exempted from duties. |
| proved to be of the growth, produce, or manufacture of the state from which they shall be imported, by a certificate thereof, under the hand and seal of a notary public, naval officer, or a chief magistrate of the place of their exportation. | |
| IV. And be it enacted, That over and above the tonnage above mentioned, every master or owner of a ship or other vessel, coming into this commonwealth, shall pay down to the naval officer with whom he enters, six pence per ton for such ship, or other vessel, which shall be accounted for by the naval officer in the same manner with other duties, and shall be appropriated to the building and support of a light-house. | Additional tonnage duties. |
| V. And be it enacted, That the master or owner of every ship or other vessel, coming into this commonwealth, shall proceed with his vessel without delay to the port at which he intends to enter; and shall within twenty four hours after his arrival into such port, make a true and just report, upon oath, of his vessel and cargo, as is by law required; and in case of failure herein, such master or owner shall forfeit two hundred pounds; one half to the use of the commonwealth, and the other half to the person suing for the same in any court of record. | Entry of vessels and cargos. |
| VI. And be it further enacted, That the respective naval officers within this commonwealth, shall receive from each captain or commander of any vessel, at the time of their entrance, and at the time of their clearance, one shilling for every seaman and mariner on board his vessel. | Tax on seamen. |
| VII. And be it enacted, That every master or commander of any vessel, failing to make a just and true return of all seamen or mariners, as required by law, shall forfeit five pounds for each seaman or mariner not returned, recoverable in any court of record, on motion, with ten days previous notice; one half to the use of the commonwealth, the other half to the use of the person moving for the same. The naval officers shall reside at the places where their offices are respectively kept; and all entrances and clearances of ships, or other vessels, shall be made at the naval office of the district where such ships or other vessels shall lie. The permits to be granted by the naval officers, in cases of inward entries, shall specify the tonnage of the | Penalty for false return of seamen. Naval officers to reside where offices kept. |
| vessels respectively, and the several casks, parcels, packages, and other articles of merchandise, however described or named, therein laden, with the marks and numbers thereof, to whom consigned, and the amount of the duties thereupon paid, or secured to be paid, and shall also specify the places at which such goods, wares, , or merchandises, are to be delivered; and shall particularly express that no such delivery shall be made, until the permits therefor shall be exhibited to, and countersigned by the searchers of the respective places. And the naval officers shall make out an exact copy under their hands and seals, of each permit for the searchers at the places of delivery, which copy shall be sealed up, shall be committed to the master or commander of the vessel, and delivered to the searcher, before the permit shall be countersigned by him. And every vessel, from which any goods, wares, or merchandise, subject to a duty, shall be unladen or put on shore, before the obtaining, or contrary to the tenor of the permit, shall, together with her rigging, tackle, apparel and furniture, and with the goods, wares, or merchandises, so unlawfully put on shore or unladen, be forfeited and condemned in the court of admiralty; one half to the use of the libelant. And if any ship or other vessel shall be seized and libelled under this act, and the libel shall be dismissed, no costs shall be recoverable against the libellant, nor damages for the seizure, if the court shall be of opinion that there was probable cause for the same. If any owner, master or commander, of any vessel, shall sell, or offer for sale, any goods, wares, or merchandize, liable to a duty at any port or place of lading or unlading such goods, wares, or merchandise, within this commonwealth, or shall permit or suffer the same to be sold on board the said vessel in retail, the goods, wares, and merchandise so sold or offered for sale, shall be seized and forfeited, and the offender or offenders shall moreover forfeit and pay the sum of fifty pounds for every such offence; one half thereof to the use of the commonwealth, and the other half to the informer; recoverable by information in any court of record within this commonwealth. Each searcher shall be commissioned by the governor, and shall at the court of the county or corporation, in which he resides, next after the commencement of this act, or | Permits, what to specify. Penalty for unlading without permit. Searchers, how appointed; their duties. |
| after his appointment, as the case may be, take an oath, and enter into bond with sufficient security, in the sum of one thousand pounds, payable to the governor for the time being, to the use of the commonwealth, for the faithful performance of his duty. It shall be the duty of the said officers to attend to the delivery and unlading of all goods, wares, and merchandises, at the places for which they may be appointed; to go on board any ship or other vessel coming to such place, as often as may be requisite, and to seize and pursue to condemnation all vessels and their furniture, and all goods, wares, and merchandises liable thereto; in all which cases they shall be entitled to one half of the forfeiture, and the other half shall be to the use of the commonwealth. They shall also, whenever there shall be reason to suspect that the tonnage of any vessel has not been truly entered, measure the same according to the rule prescribed by law; and if it shall appear from such admeasurement, that a deficient entry has been made, they shall certify such deficiency to the naval officer of the district, to whom a double duty shall be paid on the omitted tonnage, before the vessel shall be permitted to clear out; and a copy of such certificates shall be transmitted quarterly by the searchers, to the auditor of public accounts. The searchers shall also register in books kept for that purpose, descriptions and lists of all vessels, and of their cargoes delivered or unladen at the places for which they are appointed respectively, according to the permits granted by the naval officer; and shall quarterly transmit the counterpart of each permit furnished them by the naval officer, to the auditor of public accounts. And for any default herein, they shall forfeit two hundred pounds, to the use of the commonwealth, to be recovered by the solicitor, by motion, with then days pervious notice in any court of record, and may be displaced from office by the executive. | |
| VIII. And be it further enacted, That where it may be necessary for the dispatch of business, the searchers at the ports of Norfolk and Alexandria, shall and may appoint so many assistants, and may make them such allowances as the governor, with the advice of council, shall authorise and approve; provided that such searchers shall be answerable for the conduct of their respective assistants. | Assistant searchers. |
| IX. And be it enacted, That it shall be lawful for the searchers, as well as for the naval officers, and for any other person, having good cause to suspect that any goods, wares, or merchandises, on which duties have not been paid, are stored or secreted in any house, warehouse, or storehouse, to apply to a justice of the peace, or alderman of the corporation, for a warrant (which warrant shall not be granted but on information upon oath) and being accompanied with a constable, to break open in the day time, such suspected house, warehouse, or storehouse, when it may be necessary; and any goods so found, on which the duties have not been paid, or secured to be paid, may be seized and carried away, and together with the vessel from which the same were delivered, shall be forfeited; one half to the use of the naval officer, searcher, or other person prosecuting for the same, the other half to the use of the commonwealth. And if any officer, or other person shall be sued or prosecuted for any thing done by virtue of the power hereby given, he may plead the general issue, and give this act in evidence, and if in such suit, the plaintiff be non-suited, or judgment pass against him, the defendant shall recover double costs; and in all actions, suits or informations brought, or where any seizure shall be made pursuant to this act, if the property be claimed by any person as the owner or importer thereof, in all such cases the onus probandi shall lie on the owner or claimer. | Further duties of searchers. |
| X. And be it enacted, that no person shall be required to give account upon oath of the true contents of any pipe or lesser cask of wine, or any hogshead or lesser cask of spirits, but shall have liberty to enter a pipe or hogshead as aforesaid, at one hundred and ten gallons, and all lesser casks after the same proportion. And to prevent fraud by the importation of the liquors aforesaid, in casks of unusual size. | Casks of wine or spirits, how estimated. |
| XI. Be it further enacted, That where it shall be supposed by any naval officer, or searcher, that any pipe, hogshead, or lesser cask, contains more of any of the aforesaid articles, than has been entered, he is hereby authorised to have the same gauged, and if the contents shall exceed the quantity entered ten per centum or more, every such pipe, hogshead, or other cask, | When casks may be gauged. |
| shall, with its contents, be liable to seizure and forfeiture; one half to the use of the commonwealth, the other half to the use of such officer. | |
| XII. And be it enacted, That when any naval officer, or searcher, shall suspect that any package or parcel of goods contains any article that has not been entered, or a greater quantity of any article than has been entered, it shall be lawful for such officer to open and examine such package or parcel, and in case it shall appear that an untrue entry has been made, with an intention to defraud the commonwealth of any part of the duties, every such package or parcel, together with the ship or other vessel, rigging, tackle, apparel, and furniture, in which the same was imported, shall be liable to seizure and condemnation in the court of admiralty; one half to the use of the commonwealth, the other half to the use of such officer. | When packages of goods may be opened. |
| XIII. And be it enacted, That any master or skipper of a vessel intending to transport any goods, wares, or merchandises, liable to a duty, from one district to another, shall obtain from the naval officer of the district from which they are to be transported, a permit under the hand and seal of such officer, describing the vessel with the casks, packages, and parcels therein laden, according to their respective marks and numbers, specifying the district into which they are to be transported, and certifying that all the duties thereon have been duly paid or secured to be paid, on producing which permit to the naval officer of such latter district, such master or skipper shall be entitled to a permit from him to deliver and unlade his cargo at the place or places authorised by law. And if any such goods, wares, or merchandises, liable to duty, shall be delivered or unladen, or shall be found on board, without having obtained such permit, the same shall, together with the vessel, rigging, tackle, apparel and furniture, be liable to seizure and condemnation in the court of admiralty; one half to the sue of the commonwealth, the other half to the person suing for the same. | Transportation of goods from one district to another. |
| XIV. And be it enacted, That any master or owner of any ship or other vessel coming into this commonwealth, and laden with goods wares, or merchandises, a part whereof only are to be delivered in this commonwealth, shall be admitted to enter and deliver the same, on paying or securing to be paid the duties | Rule where part only of the goods destined for this state. |
| thereon together with such proportion of the tonnage as will correspond with the proportion which the value of such part bears, to the value of the whole cargo. And if any other part of the cargo liable in duty, shall be unladen or put on shore, the same shall, together with the vessel, rigging, tackle, apparel and furniture, be subject to seizure and condemnation, in the court of admiralty as aforesaid; one half to the use of the commonwealth, the other half to the party suing for the same. | |
| XV. And be it further enacted, That when any master, commander, or owner, of any ship or vessel, importing goods, wares, or merchandise, into this commonwealth, cannot give security for the duties payable thereon, it shall be lawful for the naval officer to take into his possession so much of the said goods, and dispose thereof, as will pay the duties on the same, giving four weeks notice of such sale in the public Gazette. | Goods deposited, as security for duties when. |
| XVI. And be it further enacted, That when any officer of the customs, or officer of the state boats in making seizure of any vessel, or of goods, wares, or merchandise, shall meet with obstruction in the execution of his office, such officer is hereby authorised, whenever he shall see occasion, to summon any person or persons, or to impress any vessel or vessels, for his assistance. The person or persons so assisting, shall be allowed for their trouble, on half the sum given by law to such officers making seizure. If any person be summoned as aforesaid, and fail to render the assistance required, not having a reasonable excuse, he shall forfeit and pay the sum of twenty pounds, to be recovered on motion of the officer in the court of the county where the party resides, and applied by the court towards lessening their county levy; Provided, ten days notice be given of such motion. And the better to guard against frauds in the district of South Potowmack and river Pocomoke. | Officers obstructed in the execution of this act, how assisted. |
| XVII. Be it enacted, That no goods, wares, or merchandises, of greater value than ten pounds, shall be waterborne in any one vessel at one time from any port or place, to another port or place within the said district of South Potowmack and river Pocomoke, unless it shall be certified under the hand and seal of the naval officer of the district, or of a searcher, or some justice | What goods may be water borne. |
| of the peace within the same, that he has sufficient reason to believe that the duties have been paid or secured to be paid thereon; and if any goods, wares, or merchandises, so waterborne, without a certificate accompanying the same, shall be put on shore, they shall, together with the vessel or craft from which they shall be delivered, be liable to seizure and condemnation in the court to the county or corporation wherein seizure shall be made; one half to the use of the commonwealth, and the other half to the sue of the person prosecuting for the same, which court is hereby authorised to take cognizance of, and determine all such causes according to the laws and usages observed in the court of admiralty, Provided, That where the value to the things seized and condemned shall exceed twenty pounds, an appeal shall lie to the court of admiralty, which is hereby authorised to take cognizance of and determine the same, the defendant in such case giving bond with security at the time of entering his appeal, to prosecute the same with effect, in like manner as is required in cases of appeal from a county or corporation court to the general court; But the court of the county or corporation, in which such condemnation shall be had, may, notwithstanding such appeal, direct sale to be made of the things condemned, and the money arising therefrom, to be paid to the clerk of the court to await in his hands the determination of the court of admiralty. | |
| XVIII. And be it enacted, That the several naval officers shall settle with the auditor of public accounts up to the first day of February next, and shall pay into the treasury all balances appearing then to be due from them, and shall thereafter pay quarterly into the treasury, all monies coming into their hands by virtue of their offices. All bonds for duties now unsatisfied in the hands of the said officers, shall by them be delivered to the solicitor, with an endorsement thereon of any partial payments which shall have been made, and of the time of such payments. And all bonds which shall hereafter be taken for duties unpaid to the naval officers at the time of entry, shall by them be forthwith transmitted to the solicitor. For all bonds so delivered or transmitted to the solicitor, two receipts shall be given by him to the naval officer, who shall deposit with the auditor of public accounts one of such receipts, and a | When naval officers to account. Duty bonds how recoverable. |
| list of the bonds put into the hands of the solicitor, and the auditor shall charge the solicitor with all such bonds. The solicitor shall advertise four weeks successively in the public Gazette, that such bonds are in his possession, specifying the sums due thereon, and the times at which the same will be payable, and on failure of payment, the solicitor shall at the succeeding general court, or county court of Henrico, move for judgment against the principals and securities in such bonds; and the said courts are hereby authorised to give judgments for the sums due, with five per centum interest, and costs of suit; and on the executions to be issued thereupon, the clerk shall endorse "no security to be taken." And so soon as the solicitor shall receive all or any part of the sums due on such bonds or executions, he shall immediately pay the same into the treasury, and the receipts obtained therfor shall entitle him to a credit for so much with the auditor. Any naval officer, or solicitor, failing to pay the money into the treasury agreeably to this act, shall forfeit and pay five hundred pounds for every such failure, and shall be suspended from his office by the executive. And any naval officer failing to deliver the bonds to the solicitor as required by this act, shall forfeit and pay five hundred pounds for every such failure, and shall in like manner be suspended from his office. | Penalties on naval officers. |
| XIX. And be it enacted, That the solicitor shall, on or before the first day of February next, enter into bond with sufficient securities, payable to the governor for the time being, in the sum of ten thousand pounds, conditioned for the faithful performance of all public monies by him received. | Bond and security by solicitor. |
| XX. And be it enacted, That no goods, wares, or merchandizes whatsoever, shall be delivered or unladen from any ship or other vessel importing the same, unless it be between sun-rise and sun-set; and in case any such be delivered or unladen at any other time, the same shall, if the packages or parcels be unkroken, be liable to seizure and condemnation, although it shall appear that they have been regularly entered; and in case they shall not be in unbroken packages or parcels, it shall be considered as evidence that they have not been duly entered, and they shall, together with the vessel, rigging, tackle, apparel and furniture, be liable | Within what hours goods may be delivered from a vessel. |
| to seizure and condemnation, as in other cases of unlawful delivery of unentered goods. | |
| XXI. And be it enacted, That the several naval-officers, and searchers, shall be subject, the former to be suspended, the latter to be suspended or displaced, at the pleasure of the executive, and shall in the mode of keeping their offices and books, and in the forms of making out their permits, certificates, returns, and other instruments of writing, obey such instructions as they may from time to time receive from the executive. And any member of the executive may at any time, with the approbation of the board, visit the several places where the naval-offices are kept, or searchers, appointed; and shall have power to inspect their offices, books, and public papers, and to suspend any of the said officers for the space of one month, appointing another person to do the duties of the office in the mean time. And such member of the executive, during the time of performing such visit, shall be entitled to his salary, and shall moreover be allowed fifteen shillings per day for his travelling expences. Each naval-officer shall keep a seal of office, of a form and device to be approved by the executive, and shall deposit with each of the other naval-officers, and with each of the searchers of his district, an exact impression thereof. | Naval officers and searchers how suspended or
removed. Subject to controul of executive. Seal of office. |
| XXII. And be it enacted, That if any ship or other vessel coming from sea, or from Maryland, shall pass Newport-News point without first making entry with the naval-officer, such ship or other vessel, together with her rigging, tackle, apparel and furniture, shall be liable to seizure and condemnation in the court of admiralty, one half to the commonwealth, the other half to the person suing for the same. | When ships to enter. |
| XXIII. And be it enacted, That in future all registers of ships or other vessels shall be granted by the executive, and shall be signed by the governor, with the seal of the commonwealth annexed. And the clerk of the council shall, before he delivers any such register, demand and receive fifteen shillings, if the vessel be under one hundred tons, and thirty shillings, if the vessel be of great burden; which money, after a deduction of two and a half per centum, as a commission to the said clerk, shall by him be quarterly paid into the treasury. | Registers of vessels. |
| XXIV. And be it enacted, That the owner or importer of any goods, wares, or merchandise, who shall bring the same by land into this commonwealth, shall, before he shall take any such goods, wares, or merchandise out of the waggon or other carriage, in which they may be brought into this commonwealth, go before the clerk, his deputy, or some acting magistrate of the county in which he wishes to unload any such wagon or carriage, and produce before such clerk, his deputy, or magistrate, an account of the quantity of an such goods which shall be in the said waggon or carriage, and also an invoice of the quantity and first cost of any other goods, wares, or merchandise, which may be in the same, and shall moreover make oath that the said account and invoice contain a true and just account of goods, wares, and merchandise, which he has brought in the said waggon or other carriage into this state. And if any such importer or owner shall unload any such waggon or other carriage, containing any of the above goods, wares, or merchandise, brought into this state by land, without having first entered the same as directed above, every such waggon or other carriage, together with the horses thereto belonging, and all such goods, wares, and merchandise, as shall be brought therein, shall be forfeited, and recovered by information in the court of the county; two thirds to the informer, and one third towards lessening the levy of the county where such conviction shall be made. | Duty on goods bro't by land, how recovered. |
| XXV. And be it further enacted, That every such importer or owner, on making such entry with the clerk, his deputy, or a magistrate, shall pay the duties directed by this act to be paid on such articles as shall be contained in the said account or invoice, or shall enter into bond with sufficient security to such magistrate, the clerk, or his deputy, for the payment of the same within six months. And where any such bond shall be given to a magistrate, he shall return the same within twenty days to the clerk of the court. And any such magistrate, clerk, or his deputy may, in case any importer or owner, of any such goods, wares, and merchandise, shall fail to pay the duties imposed thereon, or give bond as aforesaid, proceed (in like manner as is directed above for the naval officers) to seize and sell for ready money, at public sale, so much of the said goods as will pay the duties on the same. | To whom paid. |
| XXVI. And be it further enacted, That it shall and may be lawful for any such magistrate, clerk, or his deputy, when any such entry shall be made with either of them, to open and examine any one or more bale, cask, or package, contained in such entery; and if the goods contained in any such bale, cask, or package, shall exceed by fifteen per cent. either in quantity or value, the quantity or value mentioned tin the said entry, the waggon, horses, and all the goods, of what kind soever, shall be forfeited; to be recovered and divided in manner above directed. | Goods may be examined. |
| XXVII. And be it further enacted, That any such importer or owner bringing any such goods, wares, and merchandise into this state by land, who shall fail to make such entry, shall for every waggon or other carriage so employed, forfeit and pay the sum of twenty pounds; to be recovered and divided in the manner above directed. Provided, That he shall not be subject to this penalty, if the goods so imported and not entered, are themselves seized. Provided also, That no such information shall be filed more than six months after such entry ought to have been made. | Penalty for failure to enter goods brought by land. |
| XXVIII. And be it further enacted, That when any such importer or owner shall fail to pay such duties on such goods, wares, and merchandise, when the same becomes due, it shall and may be lawful for the clerk of the court of the county where such bond is given, or his deputy, to move for judgment in the said court against the principal or his security, and the court is hereby authorized, previous notice being given of such motion, to give judgment for the same with interest, and five per cent. damages; and when execution issues, the clerk shall endorse "no security to be taken." −− All monies received by the clerks of the county courts by virtue of this act, shall be accounted for and paid by them in the same manner, and with the same allowance for their trouble, as the money arising on law process, and they shall be subject in case of neglect, to the same penalties and forfeitures that they are in that case. | How such duties recoverable. |
| XXIX. And be it further enacted, That it shall and may be lawful for the executive to appoint one or more searchers in any part of this state, to carry this part of this act into execution. And for the purpose of establishing and regulating drawbacks. | Searchers, for such goods, how appointed. |
| XXX. Be it enacted, That draw-backs shall be allowed after the first day of February next, under the limitations and restrictions herein after mentioned: −− That no draw-backs shall be allowed for any merchandise liable to duty exported out of the state, unless exported within sixty days after importation thereof by the original importer, and by water, and unless exported in the original cask or package in which they were imported unbroken, and in vessels belonging to a citizen or citizens of the United States, or in the vessel in which they were originally imported; and such importer desiring to export such merchandise, shall deliver to the naval officer of the port from whence the same is intended to be exported at the time of obtaining a permit to lade such merchandise on board any vessel, a fair manifest, containing the marks and numbers of the pipes, hogsheads, trunks, casks, bales, packages, or other things containing any such dutiable merchandise, and a full and particular list of all the articles thereof, with the cost, according to the account by which the duties thereon were ascertained, and shall make oath or affirmation, to be endorsed on such manifest, containing also a description of the vessel in which they were imported, and the time of importation, and that it is a true manifest of all the dutiable merchandise intended to be re-exported in the vessel mentioned in the permit, and that the merchandise mentioned in such manifest were duly entered, and the duties thereon paid or secured to be paid according to law; which manifest shall be transmitted by the naval officer to the auditor of public accounts; and such importer shall also give bond with sufficient security, that the said merchandize shall be exported out of the state without fraud or deceit; which bond shall be transmitted to the solicitor by such naval officer: And the master or skipper of the vessel receiving such merchandise, shall take a clearance thereof, and make oath or affirmation to the manifest thereof, that he will not land or permit to be landed, such merchandise in any part of this state, but will deliver the same (dangers of navigation only excepted) at the place mentioned in the clearance; and if such exporter shall within six months after the date of such bond, produce a certificate from a naval officer, notary public, or chief magistrate of any other state or country, that | Drawbacks, rules concerning. |
| such merchandise was duly entered in such state or country, or shall make it appear within six months from the time such goods may be shipped, by indifferent testimony, to the satisfaction of any two judges of the court of admiralty in or out of session, that the vessel in which such goods, wares, and merchandise, may have been exported, and the cargo shall have been lost by tempest, or other accident, in such cases, the exporter shall be entitled to receive from the treasury, the duties which shall have been paid on such re-exported goods, wares, or merchandise, or to have the bond securing such duties cancelled, where such bond shall not have been paid. Provided, That no draw-back shall be allowed unless demanded within three months from the time of re-exportation of any such goods, wares, or merchandise, except where the cargo shall have been lost by tempest or other accident, nor on any sum less than the value of fifty pounds, nor until a permit to lade such merchandise on board any ship or vessel, shall have been first had and obtained from the naval officer of the port from whence the same is intended to be exported. | |
| XXXI. And provided also, That no draw-backs shall be allowed, except for goods which shall have been actually landed, and afterwards re-shipped for exportation, and unless the manifest thereof specifying the casks, packages, and parcels, with the marks and numbers of the same, and the vessel in which they were imported, shall have been certified by the searcher to the naval officer, before any permit for the exportation of the same shall be granted. | Proviso, as to draw=backs. |
| XXXII. And be it further enacted, That the keepers of the several ferries established by law, over the river Potowmack, shall, on or before the first day of June next, enter into bond with good and sufficient securities, in the penalty of fifty pounds, with the courts of the respective counties in which the said ferries are kept, payable to the governor for the time being, conditioned, that they will examine all waggons and carts going from this commonwealth over the said river at the respective ferries, which they are hereby authorised to do, and will not suffer any waggon or cart, loaded wholly or in part with tobacco, to pass the said ferries, or tobacco to be carried over the said ferries in any other manner whatsoever, unless the person carrying | Duty of keepers of ferries over the Potowmack. |
| such tobacco, or driving such waggon or cart, shall produce a certificate to the ferry keeper from the inspector of some warehouse within this commonwealth, specifying the marks and weights of such tobacco, and that the duties imposed thereon had been paid according to law. No person shall carry tobacco over the said river in any other manner than in hogsheads of the legal size, under the pain of forfeiting five pounds for every such offence, to the use of the informer, to be recovered by information in any court of record with costs. If any ferry keeper carry or permit to be carried over the said river, any tobacco contrary to the true intent and meaning of this act, it shall be deemed a forfeiture of his bond, and the attorney for the commonwealth in the county in which such ferry keeper resides, shall thereupon move for judgment for the penalty of the said ferry keeper's bond, giving ten days previous notice of such motion, and the court shall grant judgment, and award execution in the same manner as against the collectors of the public taxes; and the sheriff of such county shall account to the clerk of the county for the proceeds of such execution; one moiety of which the clerk is hereby required to pay into the treasury in the same manner as other public monies, and the other moiety to the informer. Any person attempting to carry tobacco over the said river at any other place, without a certificate as aforesaid, shall forfeit five pounds for every such offence, to be recovered by information in any court of record, with costs, and applied, one moiety to the use of the informer, and the other moiety to the use of the county where such attempt shall be made, towards lessening the county levy. | |
| XXXIII. And be it further enacted, That the naval office in Northampton county, shall, from and after the passing of this act, be kept at the court house of the said county. | Naval officer in Northampton where to keep his office. |
| XXXIV. And be it further enacted, That all forfeitures by this act to the use of the commonwealth, shall be appropriated in the first instance to the salaries of the naval offices and searchers; and thereafter to the contingencies of government. | Penalties appropriated. |
| XXXV. And be it enacted, That this act shall commence and be in force on the twentieth day of January, |
| one thousand seven hundred and eighty seven, and not sooner. | |
| XXXVI. So much of all and every act or acts, as comes within the purview of this act, shall be, and is hereby repealed. |
| Pages 278-298
| Pages 319-338
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