Pages 449-478
|  Pages 517-543
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| Pages 449-478
| Pages 517-543
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| CHAP. XVIII. | ||
| ||
| (Passed November the 29th, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That no tobacco shall be shipped or exported from this Commonwealth, unless the same shall be packed in hogsheads or casks, taken from some public warehouse herein-after mentioned, and received and inspected according to the directions of this act. | No tobacco to be exported, but in casks, and inspected. | |
| SECT. 2. Public warehouses for the reception of tobacco pursuant to this act, shall be kept at the several places herein-after mentioned, that is to say: In the county of Accomack, at Pitt's landing, upon Pocomoke, at Guilford, and at Pungoteague, under one inspection; in the county of Caroline, at Roy's; in the county of Dinwiddie, at Bolling's point, Bollingbrooke, and Cedar Point; in the county of Essex, at Hobb's Hole, at Bowler's, and at Layton's; in the county of Fairfax, at Colchester, Alexandria, and the Falls of Patowmac; in the county of Gloucester, at Poropotank, and at Deacon's neck; in the county of Hanover, at Page's, Crutchfield's, and Meriwether's; in the county of Chesterfield, at Rocky ridge, Osborne's, at John Bolling's, on the lands of Jacob Rubsamen, in the town of Manchester, to be called and known by the name of Manchester, on the lots of Alexander and Peterfield Trent, in the town of Manchester, distinguished in the plan thereof by the numbers two hundred and nine, two hundred and ten, two hundred and twenty-one, and two hundred and twenty-two, to be called and known by the name of Trent's warehouse, and on those of Edward Johnson, deceased, in the same town, to be called and known by the name of Johnson's warehouse; in the county of Henrico, at Byrd's Shockœ, and Rockett's; in the county of Isle of Wight, at Smithfield, and at Fulgham's, under one inspection, in the county of King and Queen, at Shepherd's, at Mantapike, and at Frazer's, in King William, under one inspection, and at Todd's in King and Queen, and at Aylett's in King | Warehouses established. |
| William, under one inspection; in the county of King George, at Boyd's-Hole, and at Machodack, under one inspection, and at Gibson's, to be called and known by the name of Gibson's warehouse; in the county of Lancaster, at Davis's and Lowry's, under one inspection, and at Deep Creek and Glascock's, under one inspection; in the county of Northumberland, at North and South Wicomico, under one inspection, at Coan's, in the said county, and at Indian Creek in the said county, and at Dymer's in the county of Lancaster, under one inspection; in the county of Middlesex, at Urbanna, and at the place where Kemp's warehouse formerly stood up Pianketank river; in the county of Nansemond, at Milner's and Suffolk; in the county of Northampton, at Cherrystones and Naswaddox, under one inspection; in the county of New-Kent, at Littlepage's and the Brick house; in the county of Prince George, at Hood's, Boyd's, Davis's, and Blandford; in the county of Prince William, at Quantico, Dumfries, a place called Rock's, on Quantico creek, to be called and known by the name of M'Rae's warehouse, and in the town of Newport, on the lots of Cuthbert Bullitt, to be called and known by the name of Bullitt's warehouse; in the county of Richmond, at Cat point, and Totuskee; in the county of Surry, at gray's creek, and Low point; in the county of Stafford, at Falmouth, at Acquia, and at Dixon's; in the county of Spotsylvania, at Fredericksburg, and at Royston's; at Yeocomico and Kinsale, under one inspection; in the county of Westmoreland, at Nomony, at Leeds, and Maddox, under one inspection; at the College landing in the county of James City, and at York Town in the county of York; at Hampton in the county of Elizabeth city; in the county of Botetourt, on the lands of William Crow, at Crow's ferry, to be called and known by the name of Crow's warehouse; in the county of Hampshire, at the confluence of the north and south branches of the river Patowmac, on the lands of Thomas Cresap, to be called and known by the name of Cresap's warehouse; and in the town of Romney, to be called and known by the name of Romney warehouse; in the county of Campbell, at Lynch's ferry, to be called and known by the name of Lynch's warehouse; in the county of Fluvanna, at the Point of Fork, on the lands of David Ross, to be called and known by the name of Rivanna warehouse; in the county of Amherst, on the north side of James river, below |
| Swan's creek, on the lands of Nicholas Cabell, to be called and known by the name of Swan creek warehouse; in the county of Berkeley, on the lands of Abraham Shepherd, near the town of Mecklenburg, to be called and known by the name of Mecklenburg warehouse; on the lands of William Barksdale, in the town of Petersburg, to be called and known by the name of Barksdale's warehouse; on the lands of Robert Bolling, junior, in the said town, adjoining his present dwelling house, to be called and known by the name of West-hill warehouse; on the lands of Alexander G. Straghan, in high street, in the said town, to be called and known by the name of High street warehouse; on the lots of Thomas Shore and George Wilson, likewise in the said town, to be called and known by the name of Westbrook warehouse; and on the lands of Elizabeth Spencer, Ann Swann Saunders, and Daniel Wooldridge in the said town, to be called and known by the name of Westbrook warehouse; and on the lands of Elizabeth Spencer, Ann Swann Saunders, and Daniel Wooldridge in the said town, to be called and known by the name of Petersburg warehouse; in the county of Albemarle, on the lands of Bennett Henderson, at the place called the Shallows, on the Rivanna river, to be called and known by the name of Henderson's warehouse; and on the lands of Wilson Cary Nicholas, at the mouth of Ballenger's Creek, in the said county, to be called and known by the name of Nicholas's warehouse; in the county of Monongalia, at Morgan-Town, to be called and known by the name of Morgan-Town warehouse; in the county of Loudon, at the great falls of the Patowmac, to be called and known by the name of the Great-Falls warehouse; in the county of Cumberland, on the lands of John Woodson, at Carter's ferry, to be called and known by the name of Woodson's warehouse; in the county of Norfolk, on the lands of Thomas Veal, in the town of Portsmouth, to be called and known by the name of Portsmouth warehouse; in the county of Fairfax, on the lands of William Thornton Alexander, in the town of Alexandria, to be called and known by the name of Thornton's; in the county Amherst, on the lands of John Lynch, at his ferry, to be called and known by the name of Amherst warehouse; in the county of Halifax, on the lands of Richard Booker, at Booker's ferry, on the Staunton River, to be called and known by the name of Booker's warehouse; in the county of Buckingham, on the lands of John Horseley, at the mouth of Bent Creek, to be called and known by the name of Horseley's warehouse. |
| SECT. 3. The rents of the several warehouses hereby established, shall be, and they are hereby established at the following rates: At Pitt's and Guildford's, thirty-three dollars and thirty-three cents; at Pungoteague, twenty-six dollars and sixty-seven cents; at Cherrystones and Naswaddox, twenty-six dollars and sixty-seven cents; at Hampton, thirty-three dollars and thirty-three cents; at the College Landing, thirty-three dollars and thirty-three cents; and at all the other warehouses, there shall be allowed and paid for the rents for the same, twenty-five cents for every hogshead of tobacco that already has been or shall be received, inspected and delivered out of such warehouses respectively, except as herein-after excepted. And there shall be paid to the proprietors of each warehouse, for all tobacco lying therein more than twelve months at the rate of five cents per month for each hogshead, to be paid by the shipper thereof, at the time of shipping the same. | Rents of warehouses. |
| SECT. 4. Where the warehouses are already built at any of the places herein before mentioned, and appointed for keeping the same, and are now made use of for public warehouses, the proprietors and owners of such warehouses shall be, and they are hereby obliged to let the same to the inspectors during the continuance of this act, at the rent hereby established for such warehosues respectivley, and if any proprietor or owner shall refuse so to do, he shall forfeit and pay fifteen hundred dollars; and where warehouses are not already built at any of the places aforesaid, or where any new warehouses shall be hereafter appointed to be kept at any other place, it shall be lawful for the justices of the court of that county wherein such place is or shall be, and they are hereby required, at the next court to be held for their county after such new warehouse shall be so appointed, to order and direct so many strong, close, and substantial houses, secured with strong doors, hung on iron hinges, and with strong locks or bolts, as will contain sufficient room for two thirds of the number of hogsheads, which in their opinion will be annually brought to the same, and one brick square or funnel six feet high at least, and four feet diameter, with a proper arch at the bottom of the same, for burning tobacco refused and picked, at such warehouses, and such other conveniencies as shall be necessary; and shall cause the owner or proprietor of the land where such warehouses are appointed to be kept, and if such owner or | Proprietors of old warehouses to let them to the inspectors. County courts to direct the number and kind of new warehouses. And take bond with security of the proprietor if |
| proprietor be under age, feme covert, or out of the country, then the guardian, husband or known attorney, or agent (as the case may be) of such owner or proprietor, to be summoned to appear before them at the next succeeding county court after such summons shall issue, there to declare whether they will undertake to erect and build such houses, funnel, and other conveniences, and let the same to the inspectors appointed to attend at such warehouses at the rent settled by this act, or which shall be hereafter settled for the same; and in case such owner, guardian, husband, known attorney or agent, will undertake the same, then the said curt shall, and they are hereby required, to take bond with sufficient security, in a reasonable penalty, payable to the governor and his successors, to the use of the Commonwealth, with condition for the due performance of such undertaking. And if such owner, guardian, husband, known attorney or agent, shall refuse to undertake the same, or give such bond as aforesaid, then it shall be lawful for the said justices, and they are hereby required, to value an acre of the said land, and to pay or tender to the proprietor, his or her guardian, husband, known attorney or agent, the value thereof, which shall be repaid to the said justices by the public, and from thenceforth the justices to the county for the time being, shall be seized in fee of the said land in trust, and for the use of the public, during the time the said place shall be made use of for a public warehouse; and the said justices shall agree with some person or persons to erect and build thereon, such houses, funnels, and other conveniences as is herein before directed, and shall certify the charge thereof to the treasurer of this state for the time being, who is hereby directed and required to pay the same out of the public money in his hands arising from the inspection of tobacco, and shall take and receive of the inspectors the rent established at such warehouses for reimbursing the public the charge of such buildings, until the same shall be repaid with lawful interest. And where the justices of any county court, or any other person or persons, have already built warehouses on lands of another person by virtue of, or in pursuance of the laws lately or now in force, the said justices, or other person or persons, shall in like manner be seized in fee of the acre of land upon which such warehouses are built, so long as the said places respectively shall be made use of for public warehouses; but if any of | he chooses to build and let them. If he refuses, the land to be paid for and the warehouses to be built at the expense of the public, and the rents to be paid to the treasurer. Where warehouses |
| the warehouses which are or shall be built by the public, the justices, or other persons shall hereafter be discontinued, the proprietor of the land returning the price paid for the same, with lawful interest, shall be thenceforth seized of his former estate. | are discontinued, the land to revert to the former proprietor, he returning the price, &c. |
| SECT. 5. The inspectors at the several warehouses shall, at the court to be held for their respective counties in the month of September yearly, or at the next succeeding court, produce and render into court, an exact account under their hands, of the number of hogsheads of tobacco inspected at their respective warehouses the preceding year, and of the condition of the warehouses under their charge, and the quantity of tobacco they are capable of containing and thereupon such court, if they shall not be satisfied that the warehouses already built, at any of the said inspections, are properly secured, and contain sufficient room for two-thirds of the number of hogsheads mentioned in such account, to be conveniently stored, shall enter an order that the owner or proprietor of such warehouses, shall within such reasonable time as the said court shall think it fit to allow, repair and make close the warehouses already built, and secure the same with strong doors hung on iron hinges, and with strong locks or bolts; and that such owner or proprietor shall also, before the first day of April, in the ensuing year, erect, build, and completely finish, such and so many other strong, close and substantial houses, as with the other houses already built, shall be sufficient, in the opinion of such court, conveniently to contain two thirds of the quantity of tobacco mentioned in such inspector's account, and secure the same in manner herein before directed; a copy of which order shall be served on such owner or proprietor, or his or her guardian, husband, attorney or agent, (as the case may be) and if such owner or proprietor, his or her guardian, husband, attorney or agent, shall fail to appear at the next succeeding court, after such notice, and enter into bond with sufficient security in a reasonable penalty, payable to the governor for the time being, and his successors, with a condition for the due performance of the same, then it shall be lawful for the said court, and they are hereby required, to cause such repairs and houses to be made and built as aforesaid, and shall certify the charge thereof to the treasurer of this state for the time being, who is hereby required to pay the same out of the public money in his | Inspectors annually to lay before the court an account of
tobacco inspected, and condition of the houses. Court may order houses to be repaired or secured, and new houses built if necessary. by the proprietor or public. |
| hands arising from the inspection of tobacco, and shall take and receive from the inspectors the whole or a proportion of the rents established at such warehouses, for reimbursing the public the charge of such buildings and repairs, with interest thereon, which proporiton shall be settled by the court, and by them certified to the treasurer. | |
| SECT. 6. If any county court shall fail or refuse to do their duty in directing such houses, funnels, and other necessary conveniencies, at the places established by this act for erecting new warehouses, or such additional buildings and repairs at the places where houses are already built, and causing the same to be built or made according to the directions of this act, every justice so failing or refusing, shall forfeit and pay one hundred dollars, to be recovered in the district court, with costs, by action of debt, or information, against the justices jointly. | Penalty on county courts for neglect. |
| SECT. 7. Provided always, That nothing herein contained shall be construed to give power to the said justices to take away the houses, orchards, or other immediate conveniencies of any proprietors of lands, for the purposes aforesaid, nor to the said inspectors to keep any horses, cattle or hogs, at any public warehouses, except their riding horses, 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 and appropriated for such warehouses, or the lands adjoining thereto, it shall be lawful for the proprietors of the said lands, to kill or cause to be killed or destroyed, all such swine. | Houses and other conveniencies, not to be taken from
proprietors. Inspectors not to keep any horses, cattle or hogs on the land. |
| SECT. 8. Provided also, That where any houses have been or shall be built by the justices or other persons, as aforesaid, and the first proprietor of the land shall desire to have the same again, such proprietor, upon payment of so much money as shall be sufficient to re-imburse the said justices or other person the principal money expended for the purchase of the land and the building such warehouses, with lawful interest, deducting the rents received by the said justices or other person, shall be restored to his former estate in the land whereon such warehouses are built, and shall receive the rents aforesaid growing due for such warehouses: Provided also, that if any proprietor so as aforesaid restored to his estate, shall neglect or refuse to build and repair such houses as the court shall think necessary, the justices shall again be | How proprietor may be restored to his former estate. But if he again fails to build or repair to be revested in the public. |
| seized of the fee simple estate in such land during the time such place shall be made use of for a public warehouse, and such proprietor shall not have any benefit of the rents that shall hereafter become due. | |
| SECT. 9. On compliant being made by the owner or owners of any of the warehouses aforesaid, to any justice of the peace in the county where such warehouse shall lie, against any person or persons, for breaking tearing, or committing any waste or destruction of, or in such warehouse or warehouses, it shall be lawful for such justice, and he is hereby empowered and required to give judgment and award execution against the body or estate of such offender if found guilty for all damages occasioned by such breaking, tearing, or waste, or destruction, provided such damages do not exceed the sum of five dollars in his opinion; and if such damages shall exceed that sum, then it shall be lawful for such owner or owners to commence and prosecute his or their action at law, against any such offender in any court of record within this state, in which the plaintiff shall recover costs, although the damage shall be under seven dollars. | Waste or destruction of warehouses, how to be punished. |
| SECT. 10. There shall be kept at every one of the said warehouses herein before appointed, and at all times hereafter to be appointed, a good and sufficient pair of scales with weights to weigh fifteen hundred pounds at the least, and a set of small weights, the same that are or ought to be provided for the standard weights of each county; and where such scales and weights are not already provided, or now are or shall hereafter be worn out, or become unfit for use, the justices of the respective county courts wherein any of the said warehouses are or shall be, are hereby directed and required to provide the same, with all convenient speed; and the treasurer for the time being is hereby empowered and required to pay the purchase money out of the public money in his hands arising from the inspection of tobacco, and moreover the said justices are hereby required and directed, twice in every year at least, to appoint one or more of their number to view the said scales, and examine and try the weights at the several warehouses by the standard weights of the county; and if the said seales and weights shall want repairing, or the weights be found deficient, or differing from the lawful standard, the said justices shall cause the same to be repaired and mended, and the weights made conformable to the standard; and if the | Scales and weights to be provided, and tried and repaired twice a year. |
| justice or justices so appointed, shall refuse or neglect to do the same, the justice or justices so refusing, shall forfeit and pay the sum of one hundred and fifty dollars; and the charge of repairing and mending the said scales and weights, and also for removing the standard to the several warehouses for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their accounts with the treasury. | |
| SECT. 11. All tobacco which shall be brought to any of the public warehouses shall be viewed, inspected and examined by two persons to be thereunto appointed, who shall be called inspectors, which said inspectors shall be appointed in the following manner, that is to say: The courts of the several counties within this state, wherein any of the public warehouses appointed by this act are established, shall and they are hereby required, once in every year and no oftener, at their respective county courts held in the months of August or September, to nominate and recommend to the governor for the time being, for so many offices of inspection as are or shall be in their respective counties, four fit and able persons reputed to be skilful in tobacco, for the execution of the office of inspectors; and where two warehouses under one and the same inspection happen to lie in different counties, in that case the court of each county shall nominate and recommend two for such inspection, which nomination the said courts shall cause to be entered upon record, and the clerks of the said courts shall, and they are hereby required forthwith to transmit a certificate of the same to the clerk of the council; and out of the said four persons nominated and recommended for each inspection, the governor with advice and consent of council shall choose and appoint two to execute the office of inspectors at such inspection; and in default of such nomination or recommendation by the county courts as aforesaid, the governor with the like advice and consent shall appoint such persons as he shall think fit to be inspectors at such inspection, for which no nomination or recommendation shall be made as aforesaid, and also in case of the death, resignation, or removal of any inspector, the governor, shall and may appoint any person named in the last recommendation from the county court, for that inspection where the vacancy shall happen, to succeed him until the next nomination and appointment of inspectors; but if either of the persons named in such last recommendation, | Tobacco to be viewed by the inspectors. Manner of appointing inspectors. |
| will not accept the said office, in that case, the governor, with the advice and consent of the council, may appoint any other person they shall think fit; and besides the two inspectors appointed as aforesaid, the governor, for the time being, with the advice of the council, shall appoint one of the persons recommended with such inspectors to be additional inspector at the warehouse for which he shall be recommended; which additional inspector shall officiate as such only, in cases of disagreement in opinion of the other inspectors as to the quality of tobacco brought to their inspection, or where either of them shall through sickness or otherwise be absent from his duty; or shall bring his own tobacco to the warehouse whereof he is inspector, to be viewed; and the said additional inspector shall be paid for the services he shall perform, by occasion of the absence of either of the other inspectors, out of the salary of such absentee, in proportion to the time he shall officiate. | Additional inspectors to be appointed: When to act. |
| SECT. 12. If any inspector shall hereafter accept, receive or take, directly or indirectly, any fee, gratuity, service or reward whatsoever, of any person for resigning or giving up his office of inspector, he shall not only be forever disabled from holding the like office, but for such offence shall forfeit and pay the sum of six hundred dollars, to be recovered with costs by action of debt, in any court of record within this state, by any person suing for the same; and every person offering or paying directly or indirectly, any fee, service, gratuity, or reward whatsoever, to any inspector to resign his said office, shall for the said offence be forever disabled from holding the office of inspector within this state. | No inspector to take a reward for resigning. Penalty on giver and receiver. |
| SECT. 13. Provided always, That no justice of the peace recommended to be an inspector, shall be allowed to vote in nomination and recommendation of persons to be inspectors as aforesaid, and where any person once recommended as aforesaid, and executing the office of inspector in pursuance of such recommendation, shall be again recommended the succeeding year, the same shall be a sufficient appointment to him to continue in the said office for another year, without any new commission, and so from year to year, so long as he shall be so recommended as aforesaid. Provided nevertheless, that each inspector shall annually renew his bond, and give security for the faithful discharge of his duty. | No justice of the peace recommended as an inspector to vote in
recommendation. Inspector in office recommended to continue without new commission, but shall annually renew his bond for the due discharge of his duty. |
| SECT. 14. Every person appointed or to be appointed |
| inspector by virtue of this act, shall before he enters upon the execution of the said office, enter into bond with good security in the penalty of four thousand dollars, payable to the governor for the time being and his successors, with condition for the true and faithful performance of his duty, according to the directions of this act, which bond shall be recorded in the county, and transmitted by the clerk of the court to the treasurer under the penalty of three hundred dollars, who shall move for judgment against every inspector failing to discharge the same within two months after failure, under the penalty of three hundred dollars; and every such inspector shall also take the following oath, at the time he give bond, that is to say: "You shall swear that you will diligently and carefully view and examine all tobacco brought to the public warehouse or warehouses where you are appointed inspector, and that not separately and apart from your fellow, but in his presence; and that you will not receive or pass any tobacco that is not in your judgment sound, well conditioned, merchantable, and clear of trash, nor receive, pass or stamp any tobacco hogsheads or casks of tobacco contrary to the true intent and meaning of this act, nor refuse any tobacco that in your judgment is sound, well conditioned, merchantable and clear of trash, and that you will not change, alter, or give out any tobacco other than such hogsheads or casks, for which the receipt to be taken, was given, but that you will in all things well and faithfully discharge your duty in the office of inspector, according to the best of your skill and judgment, and according to the directions of this act, without fear, favor, affectiou, malice or partiality: so help you GOD." Which oath shall be taken before the governor of this state for the time being, before the district court, or in the court of the county wherein such inspector shall reside, or the warehouses at which he shall be appointed inspector shall stand; but before any inspector shall enter upon the execution of his office, he shall produce a certificate, if sworn before the governor or district court, (as the case may be) of his having taken such oath, which certificate shall be lodged with the clerk of the county where such inspector shall be; and if any person shall presume to execute the office of inspector before he shall have given such bond and taken oath as aforesaid, he shall forfeit and pay two thousand dollars. | Inspectors to give bond with security and take an
oath. The oath. Penalty for acting without qualifying. |
| SECT. 15. All inspectors to be appointed by virtue of this act, shall constantly attend their duty at the warehouse or warehouses under their charge, from the first day of October, to the tenth day of August yearly, except Sundays, and the holy-days observed at Christmas, Easter, and Whitsontide, or when hindered by sickness; and afterwards they or one of them shall constantly attend at the same, except on Sundays, to deliver out tobacco for exportation, until all the tobacco remaining there the said tenth day of August shall be delivered: But no inspector shall be obliged to view any tobacco between the said tenth day of August, and the first day of October, except such as remained in the warehouse on the said tenth day of August; and every inspector neglecting to attend as aforesaid, shall forfeit and pay to the party grieved, one dollar for every neglect, or shall be liable to an action upon the case at the suit of the party grieved, to recover all such damages as he or they shall have sustained by occasion of any such neglect, together with his or their full costs, at the election of such party. | Time inspectors are to attend. Penalty for not attending. |
| SECT. 16. And that all persons having tobacco at the public warehouses, may have equal justice, the inspectors shall enter in a book to be kept for that purpose, the marks and owners names of all tobacco brought to their respective warehouses for inspection as the same shall be brought in, and shall view and inspect the same in due turn as it shall be entered in such book, without favor or partiality; and shall uncase and break every hogshead or cask of tobacco brought them to be inspected as aforesaid; and if they shall agree that the same is good, sound, well conditioned, merchantable, and clear of trash, then such tobacco shall be weighted in scales with weights of the lawful standard, and the hogshead or cask shall be stamped in the presence of the said inspectors, or one of them with the name of the warehouse at which inspected, and also the tare of the hogshead or cask, and quantity of nett tobacco therein contained: and the inspectors at such warehouses shall issue a receipt for each hogshead of tobacco they shall pass, if required by the owner; which receipt shall be in the form following, to wit: | Tobacco to be entered as brought in and viewed in due
turn. Each hogshead to be uncased and viewed, and if found good, stamped and receipt given. |
|
Form of the receipt which is to be printed for crop tobacco. | |||
| And no inspector or inspectors, shall under any pretence whatsoever, issue a receipt for any tobacco other than such as shall be printed, in which the date shall be inserted at full length. And if any inspector or inspectors, shall presume to issue a receipt in any other manner than is hereby expressed, he or they, for every such offence, shall forfeit and pay the sum of three hundred dollars; to be recovered with costs, by any person who may sue for the same, in any court of record within this state: which receipts as aforesaid, shall be furnished by the public printer, and at the public expense: But if the said two inspectors, shall at any time disagree concerning the quality of any tobacco brought for their inspection to any warehouse under their charge, they shall as soon as conveniently may be, call in the individual inspector appointed to attend such warehouse, who shall determine and pass or reject such tobacco; and if he shall pass the same, his name shall be entered in a book kept by the inspectors, opposite the mark, number, and weight of the hogshead by him passed, together with the name of the inspector at such warehouse who shall officiate with him. And the inspectors at each of the warehouses established by this act, shall constantly keep so many able hands at their respective warehouses as the courts of the several counties wherein they lie, shall from time to time judge necessary, and direct, for the purpose of taking care of all tobacco brought to such warehouse, and stowing it away after the same shall be inspected and stamped. And no inspector shall by himself, his servant, or any other person, either directly or indirectly, be concerned in picking any refused tobacco, unless it be his own property, on any pretence whatsoever, under the penalty of being forever thereafter disabled from holding the office of inspector. | Where the inspectors disagree concerning the quality of
tobacco. What hands the inspectors shall keep. Inspectors of servants not to be concerned in picking tobacco. |
| SECT. 17. When any tobacco shall be refused by the inspectors, the proprietor thereof shall be at liberty to separate the good from the bad, but if he refuses or neglects so to do within two months of such refusal, the inspectors shall direct one or more of the pickers attending the warehouse, to pick and separate such refused tobacco, and give the owner credit for so much thereof as shall be found merchantable, after paying the pickers one twelfth part of the quantity saved; and the inspectors shall cause the tobacco which shall by them be judged unfit to pass, to be burned in the brick funnel, erected or to be erected at such warehouse, under the penalty of seven dollars for every failure, to the informer; recoverable with costs, before any justice of the county wherein such warehouse shall be. Provided always, that any picker refusing to pick and separate refused tobacco, when directed by an inspector, shall forfeit and pay five dollars, to the use of the owner of such tobacco; recoverable with costs, before any justice of the county or corporation. | Owner may pick refused tobacco, but if he refuses the pickers
shall do it. Penalty on picker refusing to pick tobacco. |
| SECT. 18. The courts of the several counties wherein any of the public warehouses appointed by this act are established, shall, and they are hereby required to nominate and appoint from time to time, such and so many persons as to them shall seem necessary, who are willing to undertake the same, to attend the several warehouses within this state, to turn up, sort, separate and pick such tobacco as shall be refused by the inspectors. And every person so appointed a picker, shall make oath before the court at the time of his appointment, or at the next succeeding court, that he will carefully and diligently without fraud or embezzlement, sort and separate all such tobacco, as shall be refused by the inspectors, and the owner or proprietor thereof, or the inspectors, shall employ him to pick; and every picker of tobacco shall be allowed to demand and receive from the respective proprietors, twenty-one cents per hogshead for opening, and one twelfth part of all the tobacco saved out of any refused hogshead by him picked, for his services in opening, sorting and picking the same, and no more. And no picker of tobacco shall keep or employ any negro or mulatto slave at any public warehouse, on any pretence whatever; nor shall any picker presume to hinder any person who may choose to open their own tobacco, or to pick what may be refused by the inspectors, | Pickers, how to be appointed. Their oath. Allowance. Duty. |
| from the free use of the picking-house and prize, for the convenience of picking or prizing the same. And if any picker shall misbehave himself in his said office, it shall and may be lawful for the court of the county where such picker shall be appointed, on complaint and motion to them made, to remove such picker from his said office, and to appoint another person to act in his room, if to them it shall seem necessary; and every picker so removed, shall for ever be rendered incapable of serving as picker at any public warehouse; Provided, such picker hath ten days previous notice of such motion; and any person who shall be aggrieved by any such misbehaviour in a picker, may make complaint thereof to any justice of the peace, who is hereby empowered and directed to take depositions therein, provided such picker have notice thereof, and to transmit the same to the next court to be held for the county, where the offence shall be committed, to be there given in evidence on the examination into the misbehaviour. And if any person not being appointed and sworn as aforesaid, shall presume to undertake the opening, sorting, picking, or separating any such tobacco for hire or reward, every person so offending shall forfeit and pay four dollars for every such offence; to be recovered by the informer, to his own use, before any justice of the peace. Provided, that any proprietor of tobacco, who may choose to open, pick and prize his own tobacco, may employ his own servants or slaves, or any other person or persons, other than the hands kept by the inspectors, to assist him in opening, picking or prizing the same, and the person or persons so employed, shall not incur or be subject to the last mentioned or any other penalty or forfeiture for so doing; and the inspectors shall issue receipts for all tobacco saved by picking, to the proprietors only of such tobacco, and not to the pickers of the same. And the inspectors shall not suffer or permit any picker to prize up any tobacco that he shall have saved by picking for his own use. And if any tobacco picked in any hogshead or cask by an overseer, or the hands under his care, shall be burnt by the inspectors, by reason of its being bad, unsound, or not in good condition, the overseer who had the care of making and packing the same, shall be at the loss of the tobacco so burnt, and make satisfaction for the same out of his share of the crop, or otherwise; and the | How punished for misbehaviour. Penalty for picking without being so appointed, except by the proprietor, his hands or others. Pickers not to prize up their tobacco saved by picking. Overseers liable for tobacco refused or burnt. |
| inspectors shall be obliged to keep an account of all tobacco so burnt. | |
| SECT. 19. If any inspector of tobacco shall in any manner be concerned as a partner with, or receive from any picker of tobacco, money or any gratuity, every inspector herein offending, on conviction, before any court of record, shall forfeit and pay two thousand dollars to the prosecutor, to be recovered by action of debt with costs; and shall moreover be rendered incapable of serving as an inspector. Every picker who shall be concerned as above with an inspector, or who shall demand, take or receive any greater fee or reward for his services, other than by law allowed, shall forfeit and pay, on conviction, to the person prosecuting, three hundred dollars, to be recovered in like manner, and shall for ever after be incapable of acting in any character at a public warehouse. | Penalty on inspector for being concerned with a picker as a
partner or receiving any thing from him. On a picker for the same, or for receiving more than the legal fee. |
| SECT. 20. Where 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 weighted the said tobacco, according to the directions of this act, shall be obliged to deliver to the person bringing the same, as many receipts under the hands of the said inspectors 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, stemmed or leaf; which receipt shall be in the form following, to wit: | |
warehouse, the day 17 |
Form of transfer receipts. |
| And shall bear date the day the tobacco for which the same is given, shall be received and passed, and shall be current in all tobacco payments, according to the species expressed in the receipt, within the county wherein such inspectors shall officiate, and in any other county next adjacent thereto, and not separate therefrom by any of the great rivers or bay herein-after mentioned, that is to say; James river below the mouth of Appamattox; York | Their date currency. |
| below Westpoint; Rappahannock below Taliaferro's Mount; or by the bay of Chesapeake; and shall be transferrable from one to another in all such payments, except as herein is excepted, 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 and transferred, there shall be allowed by the inspectors thereof to the person bringing the same after the rate of four pounds of tobacco, for every hundred pounds of tobacco the said hogshead shall contain, for the cask, so as such allowance do not exceed thirty pounds of tobacco, provided the cask or hogshead is good, and of such dimensions as is herein-after expressed, and the said inspectors shall, and they are hereby obliged to make every hogshead by them paid away in discharge of any receipt by them given as aforesaid, to contain one thousand pounds of nett tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the person shipping such hogshead, one dollar for inspection, and fifty-eight cents for prizing, and nails; which said sum of fifty-eight cents, the inspectors may retain in their hands for their own use, to reimburse them the expense and trouble of providing nails and prising. And the person demanding or receiving tobacco in discharge of receipts as aforesaid, shall allow to the inspectors thirty pounds of tobacco for each hogshead so received, for the cask, and two pounds of tobacco for every hundred pounds of tobacco contained in such receipts, and so in proportion for a greater or lesser quantity, for shrinkage and wasting, if the said tobacco be paid within two months after the date of the receipt given for the same, and one pound of tobacco for every hundred, for every month the same shall be unpaid after the said allowance; so as such allowance for shrinkage and wasting do not exceed in the whole six pounds of tobacco for every hundred. And if any inspector or inspectors, by whom any such receipts 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 tobacco so refused or delayed to be paid, to be recovered with costs in any court of record within this state, if the receipts or receipts so refused or delayed to be paid, exceed | Allowance for cask. Weight of tobacco prized in discharge of receipts. One dollar for inspection and fifty-eight cents for prizing and nails. Allowance for cask and shrinkage. Remedy against inspectors. |
| two hundred pounds of tobacco; and if the said receipt or receipts do not exceed two hundred pounds of tobacco, the double value aforesaid shall and may be recovered before any justice of the peace of the county wherein the warehouse shall be, at which the receipts or receipts ought to be paid. | |
| SECT. 21. All tobacco brought to any of the said warehouses in hogsheads, to be exported on account, and for the use of the owner thereof, after the same shall have been received, examined, found to be good, and weighed, shall be stamped as herein-before directed; and the said inspectors, or one of them, shall deliver to the person bringing the same, as many receipts, signed as aforesaid, as shall be required for the number of hogsheads so brought and stamped, in which shall be expressed, whether the tobacco so received, be sweet scented or Oronoko, stemmed or leaf, whether the same be tied up in bundlers or not; and where any hogshead hath part leaf and part stemmed, shall signify the same at the bottom of the receipt; and they shall not mix stemmed and leaf tobacco in any hogshead which they shall prize, and pay away in discharge of their transfer receipts; and for every hogshead brought to any of the said warehouses, to be exported by land or water out of this state, there shall be paid to the inspectors attending at such warehouses, by the exporter, at the time of demanding the same for exportation, the sum of one dollar, and the owners of the tobacco shall find and provide nails sufficient for securing and nailing thereof; and where they shall fail so to do, the inspectors at such warehouse, shall furnish nails for the purpose aforesaid, and shall be allowed and paid by the owner, thirteen cents for each hogshead so secured. And if any inspector or inspectors, shall alter, change or deliver out any hogshead of tobacco, other than the hogshead, for which the receipt for crop tobacco to be taken in, was by him or them given; or shall alter or change any such tobacco, although no such receipt shall have been given, such inspector or inspectors shall forfeit and pay one hundred and fifty dollars for every hogshead so altered, changed and delivered out. And if any inspector shall fail or refuse to deliver any hogshead of tobacco, when the same shall be demanded for exportation, such inspectors shall forfeit and pay to the owner thereof, double the value of the tobacco, which they shall so refuse or fail to deliver. And all inspectors | How receipts are to be given for crop tobacco. Inspection tax of one dollar to be paid by the exporter. Penalty on inspectors changing tobacco, or failing to deliver it when demanded. To transfer crop tobacco. |
| shall, and they are hereby obliged, if required, to take in any receipt or receipts by them given for crop tobacco; and after having weighed such tobacco, to give transfer receipts for the same, with an allowance of four per centum for the cask; so as such allowance do not exceed thirty pounds of tobacco for every cask. Provided, that such hogshead shall contain, at least, one thousand pounds of nett tobacco, and not mixed leaf and stemmed. Provided nevertheless, that no inspectors shall give their receipt or receipts for any transfer or crop tobacco, which shall be opened or picked by any picker legally appointed, until the proprietor of such tobacco, or his or her agent, shall have first paid and tendered to such picker, his lawful charges for opening or picking the same. And in the absence of any such picker, a payment, or tender to any of the inspectors there attending, for the use of the picker, shall be as effectual as if made to such picker in person. And if any inspectors shall deliver their receipt or receipts for any such tobacco, so opened or picked, before such payment or tender be made, they shall be liable to such picker for the amount of the same. | Pickers to be paid before the receipts are
delivered. |
| SECT. 22. And for restraining the undue practice of mixing trash with stemmed tobacco, and preventing the packing of tobacco in unsizeable casks. Be it enacted, that all stemmed tobacco not laid straight, whether the same be packed loose, or in bundles, shall be accounted unlawful tobacco; and that no tobacco packed in hogsheads, which exceed fifty inches in the length of the stave, or thirty-two inches at the head, within the crow, making reasonable allowance for prizing, which allowance shall not exceed two inches above the gauge, in the prizing head, shall be passed or received: but the owner of such tobacco, packed in cases of greater dimensions than before expressed, shall be obliged to repack the same in sizeable casks, at his own charge, before the same shall be received or stamped by the inspectors. | Stemmed tobacco to be laid straight. Size of tobacco hogsheads. |
| SECT. 23. And whereas many and great inconveniencies have arisen from inspectors undertaking to deliver tobacco, the property of others, in their warehouses, without order from the proprietors of the same: Be it enacted, That if any inspector shall presume to deliver any tobacco in his warehouse, without order from the owner or proprietor of such tobacco, every inspector so offending, and being thereof duly convicted in the court of the county wherein he officiates, is declared incapable | Penalty for delivering tobacco without an order from the proprietor. |
| of serving forever after as an inspector in this state, and moreover shall be liable to the penalty of one hundred and fifty dollars for every hogshead of tobacco so as aforesaid delivered without order of the owner or proprietor thereof; to be recovered by such owner or proprietor thereof, if he or she shall prosecute within four months after the offence committed; or if he or she decline the prosecution, then after that time, by any person who shall inform or sue for the same, by action of debt or information, in any court of record within this Commonwealth. And if any inspector shall deliver any transfer receipts or notes of credit for tobacco, to any person or persons unless at the time of delivering the same, he shall have actually and bona fide received and passed tobacco, the property of him, her, or them in whose name or names such receipts or notes shall be made out, to the full amount of the quantity therein specified, every inspector so offending, and being duly convicted, shall be disabled from serving as an inspector, and moreover shall forfeit twenty dollars for every hundred weight of tobacco such fictitious notes shall express, to any person who will sue for the same; recoverable by action of debt, in any court of record. | And for issuing fictitious notes. |
| SECT. 24. The owners of any transfer receipts, may, at any time before the sale of the tobacco contained in such transfer receipts, as herein-after is directed, receive and mark hogsheads of tobacco to satisfy such receipts; and the inspectors shall take in their former receipts, and deliver crop receipts for such hogsheads, and shall be answerable for the safe keeping thereof, in the same manner as they are for crop tobacco; but the persons receiving such hogsheads, shall pay to the inspectors one dollar and fifty-eight cents, for the inspection and nails for every hogshead, that is to say, fifty-eight cents down to the inspectors for their own use for nails and their trouble in prizing, and one dollar as inspection, when the tobacco is delivered. And the inspectors shall at the court held for their county in the month of September yearly, or if there be no court in that month, then at the next court held for their county, lay before the court an account upon oath, of all transfer receipts that were not by them taken in and received before the time of sale herein before mentioned: And after such account exhibited and oath made, shall sell the tobacco in such receipts contained, deducting the allowance for shrinkage | Inspector to give crop notes in exchange for transfer,
and at September court yearly give an account of, and sell tobacco for notes outstandnig; |
| and wasting, at public auction, at the door of the courthouse, between the hours of twelve and two; and the inspectors shall pay the money arising by such sale, in satisfaction of their receipts, from time to time, to the proprietors thereof, making their demand, under the same penalty as is inflicted for not paying inspectors receipts. And all inspectors shall keep a just and true account of the tobacco gained or saved upon the allowance made for cask and for shrinkage, and for transfer tobacco, or otherwise; and if any tobacco shall be so gained or saved, shall exhibit an account thereof, and shall also sell the tobacco so gained and saved, in the manner as is directed for the sale of transfer tobacco, and shall account for the money arising by such sale to the treasurer of this state or the time being, in their next account with him; and the said treasurer shall account for the same to the General Assembly; and no inspector shall convert any tobacco so gained to his own use. | also tobacco gained by allowance for cask and shrinkage. |
| SECT. 25. All inspectors shall before the tenth day of October, in every year, account with the treasurer of this state upon oath, for all monies received, or which ought to be received by them, by virtue of this act, except the money paid for nails, and for their trouble in prizing, or for repacking damaged tobacco, which shall be relanded at their inspections, for every hogshead of transfer tobacco; in which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements in pursuance of this act. And in order to ease the inspectors giving their personal attendance at the treasury, they are hereby required, after stating their accounts with the treasurer, as above directed, to take the following oath before some one justice of the peace of the county where they officiate, to wit: −− "We A. B. and C. D. do swear, that the account now produced, contains an exact state of all tobacco shipped the preceding year from −−−−−−−−− warehouse, all taxes received, or due for the same, also all tobacco gained at the said inspection by any means whatsoever So help us GOD." And the justice of the peace before whom they are sworn, shall, and he is hereby required, to certify on the said account, that they have taken this oath. | To account with the treasurer upon oath, when and how. |
| SECT. 26. The several inspectors of tobacco in this state, shall annually, at the time of settling their accounts with the treasurer, deliver to him an account, upon oath, of all the tobacco shipped from their respective | To return an account annually of tobacco shipped. |
| warehouses within the year preceding, containing the number of hogsheads or casks sent on board each ship or vessel respectively; and every inspector failing therein, shall forfeit and pay the sum of one hundred and fifty dollars. | |
| SECT. 27. And any justice of the peace of any county near the place where any ship or other vessel shall ride, upon information made to him upon oath, by any free man, that there is good cause to suspect any tobacco uninspected, in cask, bulk, or parcels, to be on board such ship or other vessel, shall, and he is hereby empowered and required to issue his warrant, directed to the sheriff or any constable of his county; and the sheriff or constable shall have full power and authority, and he is hereby required to enter and go on board of such ship or other vessel, to search for, and seize such tobacco, and the same being seized, shall be brought on shore and carried before the same, or any other justice, who shall cause the said tobacco to be carried to the nearest warehouse, and there inspected, and if passed, restored to the owner, in case he shall be innocent of the fraud; but if he shall appear to have been concerned in such fraud, or if no owner shall claim within three months, the said tobacco shall be sold by the inspectors, and the money arising from such sale be paid into the public treasury, and accounted for to the General Assembly. And the commanding officer or skipper of any ship or vessel, on board which such tobacco is found, shall forfeit to the informer twenty dollars for every hundred wight, and so in proportion for a less quantity; to be recovered with costs in any court of record, if it be five dollars or more. And if any master or commanding officer, or skipper of any ship or vessel, or any other person whatsoever, shall resist the officer in the execution of any such warrant, every such master, commanding officer or skipper, shall forfeit and pay six hundred dollars; and every sailor or other person so resisting shall forfeit and pay eighty dollars. And if any action shall be brought against any justice of the peace, sheriff or constable, for doing any thing in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be non-suited, or a verdict pass against him, or a judgment on demurrer, the defendant shall recover double costs. | Proceedings where uninspected tobacco is about to be exported by water. |
| SECT. 28. Where any tobacco hath remained, or shall hereafter remain undemanded in a public warehouse two years after the same hath been or shall be inspected, the inspectors shall advertise in the Virginia Gazette for three weeks successively, a list of the marks, numbers, and weights of such tobacco, with the names of the persons for whom it was inspected; and if no owner appears to claim the same within three months, they shall at the next court to be held for the county in which such warehouse shall be, after the expiration thereof, and advertising as aforesaid, deliver to the court the like list, which court is hereby empowered and required, to order the same to be publicly sold at the courthouse door, on a court day, to the highest bidder; the clerk of such court shall transmit within three months to the auditor of public accounts, a list of such tobacco so directed by the court to be sold; and the money arising from the sale thereof, shall be paid by the inspectors to the treasurer of this state for the time being, who shall account for the same, from time to time, to the General Assembly. And if any person, having a right to any tobacco so sold, shall prove his property therein, the said treasurer shall repay to such person the money for which such tobacco was sold. | Old tobacco to be sold. |
| SECT. 29. No person taking upon himself the office of inspector, shall during his continuance in that office, or until he hath obtained a quietus from the treasury, be capable of being elected a member of either house of Assembly, or shall presume to intermeddle, or concern himself with an election of a member or members of either of the said houses, otherwise than by giving his vote, or shall endeavour to influence any person or persons in giving his or their vote, under the penalty of one hundred and fifty dollars for every offence; nor shall any inspector by himself, or any person for him, be allowed to keep an ordinary or house of entertainment at or near the warehouse where he is an inspector; and every inspector herein offending, shall be incapable of serving in that office; neither shall any inspector during his continuance, be, or undertake to be a sheriff, justice of the peace, collector of any public tax, other than what relates to any such office, county levies or poor rates, or any officer's fees; nor shall directly or indirectly for himself, or for any other person, buy, or receive by way of barter, loan or exchange, any tobacco whatsoever, under | Inspectors incapacitated for other offices. |
| the penalty of ten dollars, for every hundred weight of tobacco so bought or received. Provided, that nothing herein contained, shall be construed to hinder any inspector from receiving his rents in tobacco, which shall be first viewed, examined and stamped according to the directions of this act. | |
| SECT. 30. And for the further and better direction of the inspectors aforesaid in their duty, Be it enacted, That no inspector 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 and the other payments and allowances herein before mentioned, and expressed; and if any inspector shall take, accept or receive any such gratuity, fee or reward, such inspector being thereof convicted, shall forfeit and pay the sum of three hundred dollars; to be recovered with costs, by any person or persons who shall inform or sue for the same, by action of debt or information, in any court of record within this Commonwealth, and moreover shall be disabled from holding the office of inspector during the continuance of this act. And if any person 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, every person so offending, and being thereof convicted, shall for every such offence, forfeit and pay the sum of sixty dollars; to be recovered in any court of record within this state; one half of which forfeiture shall be to and for the use of such inspector refusing such bribe or reward, and the other half to the person who will inform and sue for the same. And there shall be paid to each of the inspectors appointed to attend, and attending the said several warehouses, the salaries herein-after mentioned, that is to say: At Pitt's, Guildford, and Pungoteague, under one inspection, one hundred and sixteen dollars and sixty-seven cents; at Roy's, two hundred dollars; at Bolling's point, two hundred and sixty-six dollars and sixty-seven cents; at Bollingbrook's, two hundred and sixty-six dollars and sixty seven cents; at Cedar-point, two hundred sixty-six dollars and sixty-seven cents; at Hobb's Hole, one hundred and sixteen dollars and sixty-seven cents; at Bowler's, one hundred dollars; at Layton's, one hundred dollars; at Colchester, one hundred and sixty-six dollars and sixty-seven cents; at Alexandria, two hundred dollars; at the falls of Patowmac, | Penalty on inspectors receiving other gratuity than their
salaries and other legal allowances. And on the person offering a bribe. Inspectors' salaries. |
| one hundred and thirty-three dollars and thirty-three cents; at Poropotank, one hundred dollars; at Deacon's neck, one hundred dollars; at Page's, two hundred and sixty-six dollars and sixty-seven cents; at Crutchfield's, two hundred dollars; at Meriwether's, two hundred dollars; at Rocky-ridge, two hundred and sixty-six dollars and sixty-seven cents; at Osborne's, two hundred dollars; at John Bolling's, two hundred and thirty-three dollars and thirty-three cents; at Manchester warehouse, two hundred and sixty-six dollars and sixty-seven cents; at Trent's warehouse, two hundred and sixty-six dollars and sixty-seven cents; at Johnson's, two hundred and sixty-six dollars and sixty-seven cents; at Byrd's, two hundred and sixty-six dollars and sixty-seven cents; at Shockœ, two hundred and sixty-six dollars and sixty-seven cents; at Rockett's, two hundred and sixty-six dollars and sixty-seven cents; at Smithfield and Fulgham's, under one inspection, one hundred and thirty-three dollars and thirty-three cents; at Shepherd's, one hundred dollars; at Mantapike and Frazer's, under one inspection, one hundred and fifty dollars; at Todd's and Aylett's, under one inspection, one hundred and fifty dollars; at Boyd's-hole and Machodack, under one inspection, one hundred and fifty dollars; at Gibson's, one hundred dollars; at Davis's and Lowry's under one inspection, one hundred dollars; at Deep creek and Glasscock's, under one inspection, one hundred and sixteen dollars and sixty-seven cents; at North and South Wicomico, under one inspection, one hundred and thirty-three dollars and thirty-three cents; at Coan's, one hundred and sixteen dollars and sixty-seven cents; at Indian creek and Dymer's, under one inspection, one hundred dollars; at Urbanna, one hundred dollars; at Kemp's warehouse on Pianketank, fifty dollars; at Milner's, one hundred and thirty-three dollars and thirty-three cents; at Suffolk, one hundred and thirty-three dollars and thirty-three cents; at Cherrystone's and Naswaddox, under one inspection, one hundred and sixteen dollars and sixty-seven cents; at Littlepage's, one hundred and sixteen dollars and sixty-seven cents; at the Brick-house, one hundred dollars; at Hood's, one hundred dollars; at Boyd's two hundred and sixty-six dollars and sixty-seven cents; at Davis's, two hundred and sixty-six dollars and sixty-seven cents; at Blandford, two hundred and sixty-six dollars and sixty-seven cents; at Quantico, two hundred |
| and thirty-three dollars and thirty-three cents; at Dumfries, two hundred and thirty-three dollars and thirty-three cents; at M'Rae's two hundred dollars; at Bullitt's, one hundred and sixty-six and sixty-seven cents; at Cat point, one hundred dollars; at Totuskee, one hundred dollars; at Gray's creek, one hundred and sixteen dollars and sixty-seven cents; at Low point, one hundred and thirty-three dollars and thirty-three cents; at Falmouth, two hundred dollars; at Acquia, one hundred and sixty-six and sixty-seven cents; at Dixon's, two hundred dollars; at Fredericksburg, two hundred and thirty-three and thirty-three cents, at Royston's, two hundred and thirty-three and thirty-three cents; at Nomony, one hundred dollars; at Leed's and Mattox, under one inspection, one hundred and sixty-six dollars and sixty-seven cents; at Yeocomico and Kinsale, under one inspection, one hundred and thirty-three dollars and thirty-three cents; at the College landing, eighty-three dollars and thirty-three cents; at York-Town, eighty-three dollars and thirty-three cents; at Hampton, fifty dollars; at Crow's warehouse and at Cresap's, the inspectors shall receive for each hogshead by them inspected, the sum of sixty-seven cents, seventeen cents whereof shall be paid to the proprietor for the rent of the warehouse, and the residue for their own use; at Romney, fifty dollars; at Lynch's, two hundred and twenty dollars; at Rivanna, one hundred and thirty-three dollars and thirty-three cents; at Swan creek, one hundred and thirty-three dollars thirty-three cents; at Mecklenburg, one hundred dollars; at Barksdale's, two hundred and sixty-six and sixty-seven cents; at West-hill, two hundred and sixty-six dollars and sixty-seven cents; at High-street, two hundred and sixty dollars and sixty-seven cents; at Westbrook, two hundred and sixty-six dollars and sixty-seven cents; at Petersburg, two hundred and sixty-six dollars and sixty-seven cents; at Henderson's one hundred and thirty-three dollars and thirty-three cents; at Nicholas's, one hundred and thirty-three dollars and thirty-three cents; at Morgan-Town, fifty dollars; at Great Falls, one hundred and thirty-three dollars and thirty-three cents; at Woodson's, one hundred and sixty-six dollars and sixty-seven cents; at Portsmouth, one hundred dollars; at Thornton's, one hundred and sixty-six dollars and sixty-seven cents; at Amherst, one hundred dollars |
| at Booker's one hundred and thirty-three dollars and thirty-three cents; at Horsley's, one hundred dollars and thirty-three cents. | |
| SECT. 31. Provided always, That if the quantity of tobacco, which shall be received at any warehouse already established, or hereafter to be established, shall not be sufficient to pay the usual charges and the inspectors' salaries, the deficiency shall not be paid by the public. | If the warehouse does not pay the inspectors' salaries, the deficiency not to be made good by the public. |
| SECT. 32. The inspectors at the several warehouses, established above the falls of James River, upon the delivery of their notes, or an order where notes have not been issued, shall deliver the tobacco for transportation, with a printed manifest, descriptive of the owner's name, the name of the skipper of the batteau or canoe, if transported by water, or if waggoned, the name of the waggoner, to what warehouse or port the same is destined, and to whom to be delivered; the said manifest shall moreover express the marks, numbers, and weights of the tobacco, and each hogshead shall be stamped with the name of the warehouse at which it was inspected; which manifest shall, by the skipper or waggoner, (as the case may be) if the tobacco is intended to be sent to any warehouse heretofore established, be delivered to the inspectors thereof, who are hereby required to receive the same, and grant a receipt therefor, and enter such tobacco in a separate book to be by them provided and kept for that purpose, and on the receipt aforesaid being presented, shall deliver the said tobacco with such manifests, as by law are required for other tobacco lodged in their warehouses for exportation, when required, and may demand for all such tobacco the same warehouse rent as for other tobacco by them inspected. Provided always, that nothing in this act contained, shall be construed to prevent any owner of tobacco passed at the said inspections, who has previously paid the legal duties, from exporting, selling, or storing the same in any private warehouse, without being obliged to store it in any warehouse heretofore established. | Inspectors above the falls of James River to deliver printed manifests with the tobacco. |
| SECT. 33. The owners of such tobacco, previous to the delivery thereof, shall procure a duplicate of the manifest, with a certificate from the inspectors, that the duties imposed by law have been paid; which certificate, with all others granted in similar cases, shall be lodged with the clerk of the court of that county where the tobacco | Copies thereof and of certificates of payment of duties to be sent to the auditor. |
| was inspected, to be by him transmitted to the auditor of public accounts, on or before the twenty-fifth day of October, annually, to be by him compared with the inspectors accounts. And in case the owner of the tobacco shall suspect any fraud to have been practised or used by any skipper or waggoner in the transportation thereof from either of the said warehouses, it shall be lawful for the inspectors at any warehouse to which the same may be brought, and they are hereby required, at the request of such owner, to reinspect and weigh the same, and if found to be damaged or embezzled, the inspectors shall not enter the same in their books, but it shall remain subject to the directions of the owner, in like manner as other damaged tobacco. | Owner may have his tobacco re-inspected and weighed. |
| SECT. 34. The appointment of inspectors, and all other regulations appertaining to the said warehouses, shall be the same as are provided for by law for other inspections, so far as the same do not contravene this act. All tobacco inspected at either of the said warehouses, shall be subject to the same duties and imposts, and be collected and accounted for by the inspectors in the same manner, and under the like penalties, as are directed and prescribed for other warehouses heretofore established. And the inspectors at each of the said warehouses, may demand and receive for each hogshead by them inspected, the sum of sixty-seven cents, seventeen cents whereof, to be by them accounted for and paid to the proprietor for the rent of the warehouse, and the residue for their own use. Provided nevertheless, that no person shall be obliged to receive any notes passed at any of the said warehouses, in discharge of any tobacco contracts heretofore entered into. | The warehouses to be under the same regulations as others. Allowance to the inspectors and for warehouse rent. Tobacco inspected there, shall not be a tender in certain contracts. |
| SECT. 35. The inspectors of the several warehouses within this Commonwealth, shall deliver any inspected tobacco to any person or persons who shall duly demand the same, by delivery of the notes or otherwise, for the purpose of manufacturing it, and grant him or them a manifest therefor, upon such persons paying the usual duties, and lodging with them a certificate of his or their having, before some court of record within this Commonwealth, entered into a bond with sufficient security, in the penalty of fifteen hundred dollars, payable to the governor and his successors, for the use of the Commonwealth, with condition that he or they will not export, or cause, or suffer to be exported, either by land or | Inspectors to deliver tobacco to be manufactured. |
| water, any tobacco received by him or them, for the purpose of manufacturing, until it has been manufactured. | |
| SECT. 36. And for the better detecting inspectors who shall not do their duty, and for the more speedy and easy examination into complaints against them; Be it enacted, that any two justices of the peace shall have power to hear all complaints against any inspector within their county, and to take the depositions of witnesses upon the matter of such complaint on both sides, which shall be transmitted by them to the governor and council, for their determination, And to the end such depositions may be taken in the best manner, the clerk of the county, or some sufficient person by him to be appointed, shall attend the said justices for that purpose, and be paid by the county the same fees as are or shall be by law established for attending the examination of witnesses upon a dedimus potestatem. And moreover any two justices shall have power to visit all or any of the public warehouses within their county, and if they shall discover any negligence in the inspectors, either in securing the tobacco, or stowing the same away in a proper manner for saving the room in such houses, or that they are guilty or any other breach or breaches of their duty, the justices shall certify the governor and council thereof. And if any inspector shall be adjudged guilty of a breach of his duty, he shall be removed from his office, and be for ever after incapable of serving as an inspector. And if any inspector shall be removed from his office, upon a complaint and prosecution against him in the method by this act prescribed, he shall be liable to the action on the case of the prosecutor for his necessary costs and expences in such prosecution, in which the prosecutor shall recover his full costs of suit; but if the inspector or inspectors shall be acquitted upon such examination, the prosecutor shall be liable to the action of such inspector or inspectors, for the recovery of all damages and expences which he or they shall have sustained or been put to by such prosecution, and costs, unless the governor and council shall certify that there was reasonable cause for such complaint; and every inspector shall moreover be liable to the action of the party grieved for all loss and damage that may happen or arise to any person, by occasion of any failure of duty, or neglect of any such inspector; in which action the plaintiff shall recover his full costs, although the damage do not exceed seven dollars. | Method of detecting inspectors who do not do their duty. |
| SECT. 37. If any of the warehouses herein before mentioned, shall happen to be burnt, the loss sustained thereby shall be made good, and repaid to the several persons injured, by the General Assembly; and in case of such accident, no inspector shall be sued or molested for, or by reason of any receipts by them given, or for any tobacco burnt in any of the said warehouses, but shall be altogether acquitted and discharged of, and from the payment of the tobacco mentioned in such receipts; any thing herein before contained to the contrary, notwithstanding. Provided always, that if the receipts for tobacco so burnt and destroyed, shall be of an older date than twelve months, the tobacco shall not be paid for by the public, but the owner or proprietor thereof shall bear the loss. | When warehouses are burnt the public to pay for the tobacco and
inspectors indemnified. Exception. |
| SECT. 38. The inspectors shall not permit the proprietor or any other person to make use of the warehouse at which they are inspectors; and if any warehouse shall hereafter happen to be burnt, and it shall appear that such warehouse was burnt by means of the inspectors permitting the proprietor or any other person to make use thereof, or by the negligence or voluntary act or permission of such inspectors, then the estates of such inspectors shall be subjected to pay to the treasurer for the time being, all such sum or sums of money as shall have been paid to the person or persons so injured, to be recovered by such treasurer, by action of debt in any court of record within this Commonwealth. | Warehouses not to be used for private purposes. |
| SECT. 39. If any person hereafter shall make any fire within any public warehouse, or without doors within one hundred yards of such warehouse, other than in the inspectors' counting-rooms, squares, or funnels, such person, if a freeman, shall, for every such offence, forfeit and pay thirty dollars; to be recovered with costs by action of debt or information in any court of record within this state, by the informer, to his own use; and if a servant or slave, he or she shall, by order of any justice of the peace, receive on his or her bare back twenty lashes for every such offence. And it shall not be lawful for any person whatsoever to erect or build, or cause to be erected or built, any wooden chimney or chimnies within two hundred yards of any public warehouse; and where any such are already built within the distance aforesaid, of any public warehouse, the owner or proprietor thereof shall pull down the same, or on refusal or | No fire to be kindled in or near a warehouse. Nor wooden chimnies built near them. |
| neglect so to do within one month after the passing of this act, it shall be lawful for the sheriff of the county, and he is hereby required to cause such chimney or chimnies to be pulled down and demolished | |
| SECT. 40. If any inspector or inspectors shall give, deliver, or issue to any person whatsoever, his or their receipt expressed to be for any hogshead or cask of tobacco, or for any quantity of transfer tobacco, which they have not actually received into the warehouse whereof they are inspectors, at the time of giving such receipt, or shall give, deliver, issue, or cause or procure to be given, delivered, or issued, more than one receipt for any hogshead or cask of tobacco, or quantity of transfer tobacco by him or them received, except where authorised by law so to do, such inspector or inspectors, being thereof convicted by due course of law, shall be adjudged a felon, and shall suffer death as in case of felony, without benefit of clergy. | Death, to issue double notes for the same tobacco, or notes for tobacco not received. |
| SECT. 41. If any inspector's receipt be casually lost, mislaid, or destroyed, the person or persons entitled to receive the tobacco by virtue of any such receipt, shall make oath before any justice of the peace of the county where the same is payable, to the number and date of every such receipt, to whom and where payable, and for what quantity of tobacco the same was given; and that such receipt is lost, mislaid, or destroyed, and that he, she or they, at the time such receipt was lost, mislaid or destroyed, was lawfully entitled to receive the tobacco therein mentioned, and shall take a certificate thereof from such justice, and shall advertise the loss of such receipt, at the courthouse of the county in which such inspection may be, on the court day, and at the inspection where the tobacco was brought, for four weeks successively; and shall moreover give bond with sufficient security to the inspectors in double the amount of the tobacco so claimed, to indemnify the person who may thereafter produce the original receipt within twelve months after notice given of the loss of such receipt, the value by him paid for the same, when a duplicate of the said receipt shall be granted by the inspectors to the person or persons entitled to receive the tobacco by virtue of such original receipt, and not otherwise. The bond so taken shall be assignable by the inspectors taking the same to the person producing the original receipt, who may maintain an action of debt thereupon, and such | Method to taken where receipts are lost. |
| assignment shall exonerate the inspectors from any claim or demand against them by virtue of the original receipt. Provided nevertheless, that if the principal and security should at the time of taking such bond be insufficient, that in that case the inspectors shall be responsible for the value of the tobacco to the person producing such original receipt. And if any person shall be convicted of making a false oath, or producing a forged certificate in the case aforesaid, such person shall suffer as in case of wilful and corrupt perjury. | |
| SECT. 42. When any new inspectors shall be appointed at any of the said warehouses, such inspectors shall, and they are hereby required, to give to the person or persons whom they shall succeed, a receipt with his or their hands subscribed, containing the numbers, marks, gross, tare, and nett weight, of all and every hogshead or cask of tobacco which shall be then remaining at the warehouse or warehouses, at which they are appointed inspectors, with the delivery and payment of which said hogsheads or casks of tobacco so remaining, he or they shall from thenceforth be chargeable and liable; but he or they shall in no wise be accountable or answerable for the loss of weight, or for quality of tobacco contained in any hogshead or cask, for which receipt was by him or them so as aforesaid given. And if any hogshead or cask of tobacco shall hereafter be received by any person whatsoever, and delivered out of any of the said warehouses for exportation by the inspector or inspectors attending the same, such inspector or inspectors from the time of such delivery, shall be for every discharged and acquitted from all actions, costs, and charges, for, or by reason of the tobacco contained in any such hogshead or cask being unsound and unmerchantable, or of less quantity than the receipts given for the same shall specify; any thing herein before contained to the contrary, not withstanding. | New inspectors to give their predecessors a receipt for th
tobacco in their warehouses. Inspectors discharged on the delivery of tobacco. |
| SECT. 43. And when any prized tobacco shall be brought to any public warehouse, in order to be shipped on freight or otherwise, and the inspectors there attending shall refuse to pass such tobacco, such as shall be bad and unmerchantable, shall be picked and separated from the rest; or where any light crop tobacco shall hereafter be brought to any of the said workhouses, in either case, the said inspectors, if required, shall permit the owner or other person bringing such tobacco, to make | Prizes to be used in turn for prizing tobacco picked or light hogsheads. |
| use of one or more of their prizes, for the repacking, prizing, or making heavier such tobacco, without fee or reward; and if there shall be several hogsheads of tobacco belonging to several owners, to be picked, repacked, or prized, at any public warehouse, the owner or other person bringing the same, whose tobacco shall be first viewed and refused, or found light, shall be first permitted and allowed to make use of such prize or prizes for the purposes aforesaid; and no inspector shall take or convert to his own use, or otherwise dispose of, any draughts or samples of transfer or crop tobacco, but the same, if fit to pass, shall be put into the hogshead or bulk out of which it was drawn, under the penalty of forfeiting four dollars for every draught so taken away, and not returned as aforesaid, contrary to the directions of this act; and the other moiety to the use of the proprietor of such tobacco, before any justice of the peace of the county wherein such offence shall be committed. And all inspectors, if required, shall alter the mark and number of any hogshead of reprized tobacco for which they have before given a receipt; and for preventing confusion and mistakes, shall keep a waste book, in which shall be entered the marks and numbers of all hogsheads of tobacco received by them, and another book in which shall be entered the marks, numbers, and weights thereof, when the same shall be delivered out by them; and all inspectors, when required, shall be obliged to prize any light hogshead of tobacco under one thousand pounds so as to make it up the weight one thousand pounds nett, but shall receive the same fee upon such hogshead, as for transfer tobacco. And where any tobacco shall be brought to the warehouse by the overseer of the owner thereof, the inspectors shall give receipts in the name of the owner, and not of the overseer. | Penalty for taking and using draughts. Inspectors to prize light crop tobacco on request. To give notes in the name of the owner. |
| SECT. 44. The inspectors of tobacco at the several warehouses within this state, shall immediately on the delivery of every hogshead of tobacco at the warehouse whereof they are inspectors, give a receipt for such tobacco if required by the proprietor or person bringing the same to the said warehouses, expressing therein that the same is for uninspected tobacco; every inspector refusing so to do, shall forfeit and pay to the owner of such tobacco, the sum of four dollars. | To give receipts for tobacco when brought. |
| SECT. 45. Every master, mate, or boatswain of any ship or other vessel, which shall arrive in this state in order to load tobacco, shall, before the said ship or other vessel be permitted to take on board any tobacco whatsoever, make oath before the collector of the port where in such ship or other vessel shall arrive (which oath the said collector is hereby empowered 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 or casks, stamped by some inspector legally thereunto appointed; which oath they shall subscribe in a book to be kept by the said collector for that purpose; and if any master shall cause any person who is not really and bona fide mate or boatswain, to come on shore and take such oath, he shall, for the said offence, forfeit and pay fifteen hundred dollars. | The oaths of masters of vessels intending to load with tobacco. |
| SECT. 46. If any person not being a servant or slave, taking upon himself to carry any tobacco to or from any of the said warehouses in his boat or other vessel for hire, shall take on board, or permit, or suffer to be taken 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 the master or skipper offending herein, shall forfeit and pay fifty cents for every pound weight of such tobacco; and the master or commander of any ship or vessel, wherein any tobacco in bulk or parcels shall be found, shall over and above the forfeiture thereof, be subject and liable to the same penalty; to be recovered, if it doth not exceed twenty dollars, before any justices of the peace of any county near the place where such ship, boat, or other vessel shall lie; and if it exceeds twenty dollars, in any court of record by action of debt, wherein the plaintiff shall recover his costs. And if any servant, or other person employed in navigating any such boat or other vessel, shall connive at or conceal the taking or receiving on board any tobacco in bulk or parcel, as aforesaid, he shall pay the sum of twenty dollars, to be recovered as aforesaid; and if such servant or other person, shall be unable to pay the said sum, he or they shall, by order of such justice, receive on his bare back, thirty-nine lashes well laid on; and if such boat or other vessel be under the care and management of a servant who cannot pay and satisfy the penalty so to be inflicted on the master | No tobacco to be taken on board any vessel in bulk or
parcels. Penalties. |
| or skipper offending as aforesaid, then such servant, and every other person employed under him, unable to pay the said penalty, who shall be guilty of conniving at, or concealing the taking on board tobacco in bulk or parcels, as aforesaid, shall, upon every complaint, and proof thereof made to a justice of the peace, have and receive, by order of the said justice, thirty-nine lashes well laid on; and if any servant shall again be entrusted with the care and management of any boat or other vessel, and shall be convicted a second time of taking or receiving on board the same, any tobacco in bulk or parcel, contrary to the directions of this act, the owner of such servant shall forfeit and pay the like sum of fifty cents per pound for every pound weight of such tobacco so taken or received on board in bulk or parcel, and shall also forfeit and pay two dollars for every day such servant shall thereafter be employed as skipper or master of any boat or vessel to him belonging; to be recovered and applied as aforesaid. Provided nevertheless, that it shall be lawful for the proprietor or proprietors to break any hogshead of tobacco after it shall be passed and stamped, and to repack and prize the same into small casks for the convenience of stowing, provided it be done at the warehouse where the same was inspected and weighted, marked, and stamped; and the inspectors shall particularize all such casks in their manifests to be given to the masters or skippers of the vessel in which such tobacco be laden. Provided always, that nothing herein before contained, shall be construed to prohibit any person from carrying, or causing to be carried to the said warehouses, in any boat or other vessel, any tobacco in bulk or parcels, for the payment of his or her levies, debts or other duties, or to prohibit any person to put or take on board any boat or other vessel, any hogsheads or casks of tobacco, to be water-borne to any warehouse appointed by this act, so as the same be not carried out of the collectors or other officers of the customs district wherein the said tobacco shall be made, nor to prohibit the owner of any tobacco to transport his crops, or any part thereof, in hogsheads or casks, 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, stemmed, or prized, before the same be carried to the said warehouses, so as such last mentioned tobacco be packed in hogsheads or | Provisos for sundry purposes. |
| casks; but no tobacco on any pretence whatsoever, shall be carried or transported by water, to be inspected out of the district limited and appointed for the several collectors or other officers of the customs of this state, wherein the same shall be made, or being so carried, shall not be inspected or passed by any inspectors, knowing the same to be made out of such district, upon pain of forfeiting by the owner of such tobacco; and the inspectors who shall pass the same, ten dollars for every hogshead to the informer. Provided nevertheless, that it shall and may be lawful for the inhabitants of Fleet's bay on the south side of Indian creek, in the county of Lancaster, to carry their tobacco by water to the public warehouse at Indian creek; and the inhabitants at Warrasqueake bay, dn the parts adjacent, to carry their tobacco to be passed at any warehouse in the upper district of James river. | |
| SECT. 47. If the skipper of any boat or vessel, or the person or persons to whom the care and management thereof shall be entrusted, shall land or put on share any hogshead, cask, or package of tobacco, put on board the same, to be carried to any public warehouse at any other place or places, than the warehouses by this act appointed for the reception and inspection of tobacco, or at some or one of them, or the wharves 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 embezzlement; or shall open any hogshead or cask of tobacco so as aforesaid water-borne and landed, and take thereout any tobacco before the same be received by the inspectors according to the directions of this act; or after the same has been viewed, shall fraudulently open any hogshead or cask, and take thereout any tobacco, every such offence shall be judged felony, and the offender or offenders shall suffer as in the case of felony. Provided always, that nothing herein before contained, shall be construed to prohibit the landing, or putting on shore, any hogshead, cask, or package of tobacco, out of any boat or other vessel, which by distress of weather shall be forced aground, or become leaky, so as such landing be really and bona fide for the preservation of the tobacco laden in such vessel, and that the same may with all convenient speed be thereafter carried to the warehouse | Relanded tobacco must be delivered at some public warehouse.
Penalty for landing it elsewhere, or for opening hogsheads and taking out tobacco. Exception as to tobacco landed in distress of weather. |
| or ship (as the case may be) to which it was designed, without embezzlement. Provided also, that if by any of the accidents aforesaid, or negligence of the master or skipper of any vessel, any tobacco 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 or vessel will not receive it on board, every hogshead or cask of tobacco so damnified, shall with convenient speed be carried 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 weighted and stamped with the weight by the inspector attending such warehouse, without fee or reward; but if the owner of such tobacco, or the master of the vessel in which it was damaged, shall fail or delay to separate and repack the same within ten days, then the inspectors at the warehouse where such damaged tobacco shall be landed, shall, and they are hereby required to separate, repack, weigh and stamp the same; and such inspectors shall receive of the owner two dollars for their trouble and nails. | Provision as to damaged tobacco. |
| SECT. 48. And to the intent that the just quantity of tobacco exported may be more exactly known, and evil practices to defraud the public of the duty prevented; Be it enacted, that all inspectors 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 ship or vessel the same shall be laden or put on board; and shall also, with every sloop or boat load of tobacco, send a list of the marks, numbers, gross, nett weight and tare of every hogshead or cask of tobacco then delivered, to be given to the master of the ship or vessel in which the same shall be put on board; and if the tobacco delivered to the same sloop or boat is intended to be put on board several ships or vessels, then they shall deliver so many distinct and several lists as aforesaid, of the hogsheads or casks, to be put on board such ship or vessel respectively. But whereas it may happen that the ship in which such tobacco was intended to be put, may be so full as not to be able to stow all the tobacco contained in such list, in such case it shall be lawful to ship the said tobacco, or any part thereof, on board | Inspectors to keep books, &c. and deliver manifests with each load of tobacco. Tobacco may be relanded or put on board other ships. |
| any other ship or ships where the owner thereof shall think fit; the masters of such ships endorsing on the said lists the marks and numbers of the respective hogsheads by them taken on board, and giving notice to the inspectors of the warehouse from which the same was brought; or if there by no ship to receive the said tobacco, then it shall be lawful for the master of the first mentioned ship or vessel, to put the said tobacco into any warehouse in the district where such ship or vessel shall ride, giving immediate notice thereof to the inspectors who stamped the same. And the inspectors of that warehouse where such tobacco shall be delivered, shall receive from the persons relanding such tobacco, twenty-five cents for every hogshead so relanded, and shall give a receipt for the same, which money so received by the inspectors, shall be paid by them to the person or persons entitled to receive the rent of the said warehouse. | |
| SECT. 49. Every master of a ship or vessel wherein tobacco shall be laden, shall at the time of clearing, deliver to the collector or other officer of the customs, a fair manifest of all the tobacco on board his ship or vessel, expressing the marks and numbers of every hogshead or cask, and the tare and nett weight stamped thereon, the person by whom shipped, 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 or cask, as the same was taken down by the person or persons appointed by him to take the same before the said tobacco was towed away; and no ship or vessel shall be cleared by the collector, or other officer of the customs, before he shall have received such list and manifest, which shall, by the said collector, or other officer of the customs, be returned, upon oath, on or before the twenty-fifth day of October, annually, to the treasurer of this Commonwealth for the time being; and every collector failing herein shall forfeit and pay the sum of three hundred dollars for every such failure. | Masters of vessels to give in upon oath manifests of their tobacco when clearing out. |
| SECT. 50. All the penalties and forfeitures in this act contained, and not herein before particularly appropriated, shall be, one moiety to the Commonwealth, to be applied towards defraying the charges of the execution of this act, and the other half to the person who shall inform and sue for the same; and shall be recovered with costs by action of debt or information in any court of record within this | Penalties how to be recovered. |
| Commonwealth, where the penalty exceeds five dollars, or two hundred pounds of tobacco, and where the same does not exceed those sums, before any justice of the peace of the county where the offence shall be committed. | |
| SECT. 51. In case any warehouses heretofore or hereafter established shall not for the space of three succeeding years receive a sufficient quantity of tobacco to pay the inspectors' salaries and rents of the warehouses, the inspection of tobacco at such warehouses respectively, shall be thenceforth discontinued; unless the same shall be supported at private expence. Provided, that this clause shall not extend to the discontinuance at one time of two or more warehouses, which may be in the same county, or county next adjacent; but in such cases that warehouse shall be discontinued to which the smallest quantity of tobacco may be brought. | When warehouses shall be discontinued. |
| SECT. 52. The public printer shall furnish one copy of this act to the inspectors at each of the warehouses herein mentioned. | Public printer to furnish inspectors with copies of this act. |
| SECT. 53. The acting inspectors of tobacco at the several warehouses shall be, and they are hereby exempted from militia duty, except in case of actual invasion or insurrection. | Inspectors exempted from militia duty. |
| SECT. 54. All acts, or parts of acts, coming within the purview to this act, shall be, and are hereby repealed. Provided always, that nothing in this act shall be construed to affect any rights, remedies, fines, forfeitures, penalties, or amercements, which have accrued, been vested, or incurred prior to the commencement of this act. | Former acts repealed. Proviso. |
| SECT. 55. This act shall commence and be in force from and after the passing thereof. |
| Pages 449-478
| Pages 517-543
|