1792.

Pickers not to prize up their tobacco faved by picking.

Overfeers liable for to bacco refufed & burnt

Penalty on infpector for being concerned with a picker as a partper or receiving any

thing from him.

On a picker for the fame, or for receiving more than the legal fee.

Form of transfer receipts.

Allowance for cat.

960 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH' or flaves, or any other perfon or perfons, other than the hands kept by the infpectors, to aflift him in opening, picking, or prizing the fame, and the perfon or perfous fo employed, fhall not incur or be fubject to the laft mentioned, or any other penalty or forfeiture for fo doing; and the infpectors fhall iffue receipts for all tobacco faved by picking, to the proprietars only of fuch tobacco, and not to the pickers of the fame. And the infpectors fhall not fuffer or permit any picker to prize up any tobacco that he hall have faved by picking, for his own ufe. And if any tobacco picked in any hoghead or cafk by an overfeer, or the hands under his care, fhall be burnt by the infpectors, by reafon ofits being bad, unfound, or not in good condition, the overfeer, who had the care of making and packing the fame, fhall be at the lofs of the tobacco fo burnt, and make fatisfaction for the fame out of his share of the crop, or otherwise; and the infpectors thall be obliged to keep an account of all tobacco fo burnt. XIX. IF any infpector of tobacco fhall in any manner be concerned as a partner with, or receive from any picker of tobacco, money or any gratuity, every intpector herein offending, on conviction, before any court of record, shall forfeit and pay two thousand dollars to the profecutor, to be recovered by action of debt with cofts; and shall moreover be rendered incapable of ferving as an inspector. Every picker who shall be concerned as above with an infpector, or who shall demand, take or receive any greater fee or reward for his fervices, other than by law allowed, shall forfeit and pay, on conviction, to the perfon profecuting, three hundred dollars, to be recovered in like manner, and shall for ever after be incapable of acting in any character at a public warehoufe.

XX. WHERE any tobacco shall be brought to any of the faid warehouses for the difcharge of any public or private debt or contract, the faid infpectors, or one of them, after they have viewed, examined and weighed the faid tobacco, according to the directions of this act, shall be obliged to deliver to the perfon bringing the fame, as many receipts under the hands of the faid inSpectors as shall be required for the full quantity of tobacco received by them, in which shall be expreffed whether the tobacco fo received, be fweet icented, or Oronoko, ftemmed or leaf; which receipt shall be in the form following. to wit;

RIVER, No.

warehouse, the

day of 17 pounds of transfer to

RECEIVED of
bacco, to be delivered on demand to him, or to his order, according to the di-
pections of the act, intituled, An act for mending the ftaple of tobacco, and
preventing fraud." Witnefs our hands.

And shall bear date the day the tobacco for which the fame is given shall be Their date and curren received and paffed, and shall be current in all tobacco payments, according to the fpecies expreffed in the receipt, within the county wherein fuch infpectors shall officiate, and in any other county next adjacent thereto, and not feparate therefrom by any of the great rivers or bay herein after mentioned, that is to fay: James river below the mouth of Appamattox; York below Weft point; Rappahannock below Taliaferro's Mount; or by the bay of Chesapeake; and shall be transferrable from one to another in all fuch payments, except as herein is excepted, and shall be paid and fatisfied by the inspector or inspectors who figned the fame, upon demand. And for every hogshead of tobacco brought to any public warehouse and transferred, there shall be allowed by the infpectors thereof to the perfon bringing the fame, after the rate of four pounds of tobacco for every hundred pounds of tobacco the faid hogshead shall contain, for the cafk, fo as fuch allowance do not exceed thirty pounds of tobacco, provided the cafk or hogshead is good, and of fuch dimensions as is herein after exprefsed; and the faid infpectors shall, and they are hereby obliged to make every hogshead by them paid away in difcharge of any receipt by them given as aforefaid, to contain one thousand pounds of nett tobacco at the leaft; and for every hogshead of tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the perfon shipping fuch hogshead, one dollar for infpection, and fifty eight cents for prizing, and nails; which faid fum of fiftyeight cents, the infpectors may retain in their hands for their own ufe, to reimburie them the expenfe and trouble of providing nails and prizing. And the perfon demanding or receiving tobacco in difcharge of receipts as aforefaid, shall allow to the infpectors thirty pounds of tobacco for each hogshead fo reAllowance fet cafe and ceived, for the cafk, and two pounds of tobacco for every hundred pounds of tobacco poptained in such receints, and so in propàrtion for a greater or leffet

Weight of tobacco prised in discharge of receipts.

One dollar for infpec tion, and fifty-eight eens for prizing and

nails

Brinkage.

1792.

IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

261

quantity, for shrinkage and wafting, if the faid tobacco be paid within two months after the date of the receipt given for the fame, and one pound of tobacco for every hundred, for every month the fame shall be unpaid after the faid allowance; fo as fuch allowance for shrinkage and waiting do not exceed in the whole fix pounds of tobacco for every hundred. And if any inspector

or inspectors, by whom any fuch receipts for tobacco as aforefaid fhall be fign- Remedy against ined, fhall refufe or delay to pay and fatisfy the fame when demanded, every in- Ipectors. fpector fo refufing or delaying, fhall forfeit and pay to the party injured, dou ble the tobacco lo refufed or delayed to be paid, to be recovered with costs in any court of record within this ftate, if the receipt or receipts fo refufed or delayed to be paid, exceed two hundred pounds of tobacco; and if the faid receipt or receipts do not exceed two hundred pounds of tobacco, the double value aforefaid fhall and may be recovered before any juftice of the peace of the county wherein the warehoufe fhall be, at which the receipt or receipts ought to be paid.

XXI. ALL tobacco brought to any of the faid warehouses in hogfheads to How receipts are to be exported, on account, and for the ufe of the owner thereof, after the fame be given lor crop to fhall have been received, examined, found to be good, and weighed, fhall be bacco, flamped as herein before directed; and the fiid inspectors, or one of them, fhall deliver to the perfon bringing the fame, as many receipts, figned as aforesaid, as fhall be required for the number of hogfheads fo brought and itamped, in which fhall be expreffed, whether the tobacco fe received, be fweet fcented or Oronoko, ftemmned or leaf, and whether the fame be tied up in bundles or not; and where any hogthead hath part leaf and part femmed, thall fignify the fame at the bottom of the receipt; and they fhall not mix ftemmed and leaf tobacco in any hogfhead which they fhall prize, and pay away in difcharge of their transfer receipts; and for every hogshead brought to any of the faid warehoufes, to be exported by land or by water cut of this ftate, there fhall be paid to the infpectors attending at fuch warehouses, by the exporter, at the time of de- Infpection tax of one manding the fame for exportation, the fum of one dollar, and the owners of dollar to be paid by the tobacco fhall find and provide nails fufficient for fecuring and nailing thereof; the exporter. and where they fhall fail fo to de, the infpectors at fuch warehouse, fhall furnish nails for the purpose aforefaid, and shall be allowed and paid by the owner, thirteen cents for each hogshead fo fecured. And if any infpector or inspectors, Penalty on infpectors thall alter, change or deliver out any hogfhead of tobacco, other than the hogs- Penalty on infpectors head for which the receipt for crop tobacco to be taken in, was by him or changing tobacco, them given; or fhail alter or change any fuch tobacco, although no fuch receipt fhail have been given, fuch infpector or infpectors fhall forfeit and pa; one hundred and fifty dollars for every hogfhead fo altered, changed or delivered out.

And if any infpector fhall fail or refufe to deliver any hogfhead of tobacco, when or failing to deliver it the fame thall be demanded for exportation, fuch infpectors fhall forfeit and pay when demanded. to the owner thereof, double the value of the tobacco, which they shall fo re

fate ar fail to deliver. And all infpectors thall, and they are hereby obliged,

if required, to take in any receipt or receipts by them given for crop tobacco; To transfer crop to and after having weighed fuch tobacco, to give transfer receipts for the fame, bacco.

with an allowance of four per centum for the cafk; fo as fuch allowance do not exceed thirty pounds of tobacco for every cafk. Provided, that fuch hogshead thall contain, at leaft, one thousand pounds of aett tobacco, and not mixed leaf

and ftemmed. Provided nevertheless, that no infpectors fhall give their receipt

or receipts for any transfer or crop tobacco, which thall be opened or picked Pickers to be paid ben by any picker legally appointed, until the proprietor of fuch tobacco, or his or fore the receipts are her agent, fhall have firtt paid or tendered to fuch picker, his lawful charges delivered. for opening or picking the fame. And in the abfence of any fuch picker, a payment, or tender to any of the infpectors there attending, for the ufe of the picker, fhall be as effecual as if made to fuch picker in perfon. And if any infpectors fhall deliver their receipt or receipts for any fuch tobacco, fo opened or picked, before fuch payment or tender be made, they fhall be liable to fuch picker for the amount of the fame.

XXII AND for reftraining the undue practice of mixing trash with ftem- Stemmed tobacco to be med tobacco, and preventing the packing of tobacco in unfizeable cafks: Be it laid ftraight.

enacted, that all ftemmed tobacco not laid straight, whether the fame be pack

ed loofe, or in bundles, shall be accounted unlawful tobacco; and that no to Size of tobaċe, hogf bacco packed in hogsheads, which exceed fifty inches in the length of the heads

Rave, or thirty-two inches at the head, within the crow, making reasonable

ilowance for prizing, which allowance shall not exceed two inches above the

And at September court yearly give an account of, and fell tobacco for notes outstanding.

Alfo tobacco gained by allowance for cafk and

shrinkage.

To account with the treasurer upon oath, when and how.

262 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

gauge, in the prizing head, shall be paffed or received; but the owner of fuck tobacco packed in cafks of greater dimenfions than before expreffed, shall be obliged to repack the fame in fizeable cafks, at his own charge, before the fame shall be received or stamped by the inspectors.

XXIII. AND whereas many and great inconveniences have arifen from infpectors undertaking to deliver tobacco, the property of others, in their warehouses, without order from the proprietors of the fame: Be it enacted, That if any inspector shall prefume to deliver any tobacco in his warehouse, without order from the owner or proprietor of such tobacco, every infpector fo offending, and being thereof duly convicted in the court of the county wherein he officiates, is declared incapable of ferving forever after as an infpeetor in this ftate, and moreover shall be liable to the penalty of one hundred and fifty dollars for every hogshead of tobacco fo as aforefaid delivered without order of the owner or proprietor thereof; to be recovered by fuch owner or proprietor, thereof, if he or she shall profecute within four months after the offence committed; or if he or she decline the profecution, then after that time, by any person who shall inform or fue for the fame, 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 perfons, unless at the time of delivering the fame, he shall have actually and bona fide received and passed tobacco, the property of him, her, or them, is whofe name or names fuch receipts or notes shall be made out, to the full a mount of the quantity therein specified, every inspector fo offending, and being duly convicted, shall be difabled from ferving as an infpector, and moreover shall forfeit twenty dollars for every hundred weight of tobacco fuch fictitious notes shall exprefs, to any perfon who will fue for the fame; recoverable by attion of debt, in any court of record.

XXIV. THE owners of any transfer receipts, may, at any time before the fale of the tobacco contained in fuch transfer receipts, as hereinafter is directed, receive and mark hogsheads of tobacco to fatisfy fuch receipts; and the infpectors shall take in their former receipts, and deliver crop receipts for fuch hogsheads, and shall be answerable for the fafe keeping thereof, in the fame manner as they are for crop tobacco; but the perfons receiving fuch hogsheads shall pay to the infpectors one dollar and fifty-eight cents, for the infpection and nails for every hogshead, that is to fay, fifty-eight cents down to the infpectors for their own ufe for nails and their trouble in prizing, and one dol lar as infpection, when the tobacco is delivered. And the infpectors 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 fale herein before mentioned: And after fuch account exhibited and oath made, shall fell the tobacco in fuch receipts contained, deducting the allowance for shrinkage and wafting, at public auction, at the door of the courthouse, between the hours of twelve and two and the infpectors shall pay the money arifing by fuch fale, in fatisfaction of their receipts, from time to time, to the proprietors thereof, making their demand, under the fame penalty as is inflicted for not paying infpectors receipts. And all infpectors shall keep a juft and true account of the tobacco gained or faved upon the allowance made for cafk and for shrinkage, and for transfer to bacco, or otherwife; and if any tobacco shall be fo gained or faved, shall exhi bit an account thereof, and shall alfo fell the tobacco fo gained and faved, in the manner as is directed for the fale of transfer tobacco, and shall account for the money arifing by fuch fale to the treasurer of this ftate for the time being, in their next account with him; and the faid treafurer shall account for the fame to the General Affembly; and no infpector shall convert any tobacco fo gained to his

own use.

XXV. ALL infpectors shall before the tenth day of October, in every year, account with the treasurer of this ftate upon oath, for all monies received, of 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 to bacco, which shall be relanded at their infpections, for every hogshead of trans fer tobacco; in which account they shall be allowed their falaries, the rents of the warehouses, and all other neceffary difbursements in parfuance of this act And in order to ease the infpectors giving their personal attendance at the trea ury, they are hereby required, after ftating their accounts with the treasures, a