IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 263 above directed, to take the following oath before fome one juftice of the peace of the county where they officiate, to wit: WE A. B. and C. D. do fwear, that the account now produced, contains an exalt ftate of all the tobacco shipped the preceding year from ware boufe, all taxes received, or due for the fame, alfo all tobacco gained at the faid infpection by any means what foever. So help us GOD. And the juftice of the peace before whom they are fworn, shall, and he is hereby required, to certify on the faid account, that they have taken this bath. 1792. XXVI. THE several infpectors of tobacco in this ftate, shall annually, at To return an account the time of fettling their accounts with the treasurer, deliver to him an account, annually of tobacco upon oath, of all the tobacco shipped from their refpective warehoufes within hipped. the year preceding, containing the number of hogsheads or cafks fent on board each ship or veffel refpectively; and every infpector failing therein, shall forfeit and pay the fum of one hundred and fifty dollars. XXVII. AND any juftice of the peace of any county near the place where any ship or other veffel shall ride, upon information made to him upon oath, by any free man, that there is good caufe to fufpect any tobacco uninfpected, in cafk, bulk, or parcels, to be on board fuch ship or other veffel, shall, and he is hereby empowered and required to iffue his warrant, directed to the sheriff or any conftable of his county; and the sheriff or conftable shall have full power and authority, and he is hereby required to enter and go on board of fuch ship or other veffel, to fearch for, and feize fuch tobacco, and the fame being feized, shall be brought on shore and carried before the fame, or any other juftice, who shall caufe the faid tobacco to be carried to the nearest warehouse, and there infpected, and if paffed, restored to the owner, in cafe he shall be innocent of the fraud; but if he shall appear to have been concerned in fuch fraud, or if no owner shall claim within three months, the faid tobacco shall be fold by the infpectors, and the money arifing from fuch fale be paid into the public treafury, and accounted for to the General Affembly. And the commanding officer or fkipper of any ship or veffel, on board which fuch tobacco is found, shall forfeit to the informer twenty dollars for every hundred weight, and fo in proportion for a lefs quantity; to be recovered with costs in any court of record, if it be five dollars or more. And if any mafter or commanding officer, or skipper, of any ship or veffel, or any other perfon whatfoever, shall refift the officer in the execution of any fuch warrant, every fuch mafter, commanding officer or fkipper, shall forfeit and pay fix hundred dollars; and every failor or other perfon fo refifting, shall forfeit and pay eighty dollars. And if any action shall be brought against any juftice of the peace, sheriff or conftable, for doing any thing in the execution of this act, the defendant may plead the general iffue, and give this act in evidence; and if the plaintiff shall be non-fuited, or a verdict pass against him, or a judgment on demurrer, the defendant shall recover double cofts. Proceedings where uninfpected tobacco is about to be exported by water. XXVIII. WHERE any tobacco hath remained, or shall hereafter remai Old tobacco to be fold. undemanded in a public warehouse two years after the fame hath been, or shall be inspected, the inspectors shall advertise in the Virginia gazette for three weeks fucceffively, a lift of the marks, numbers, and weights of fuch tobacco, with the names of the perfons for whom it was infpected; and if no owner appears to claim the fame within three months, they fhall at the next court to be held for the county in which fuch warehouse fhall be, after the expiration thereof, and advertising as aforesaid, deliver to the court the like lift, which court is hereby empowered and required, to order the fame to be publicly fold at the courthoufe door, on a court day, to the highest bidder; the clerk of fuch court fhall tranfmit within three months to the auditor of public accounts, a lift of fuch tobacco fo directed by the court to be fold; and the money arifing from the fale thereof, fhall be paid by the inspectors to the treasurer of this ftate for the time being, who shall account for the fame, from time to time, to the General Affembly. And if any person, having a right to any tobacco fo fold, fhall prove his property therein, the faid treasurer fhall repay to fuch person the money for which fuch tobacco was fold. XXIX. NO perfon taking upon himself the office of infpector, fhall during Infpe&tors incapacitated his continuance in that office, or until he hath obtained a quietur from the trea- for other offices. fury, be capable of being elected a member of either houfe of affembly, or fhall prefume to intermeddle, or concern himself with an election of a member or members of either of the said honfes, otherwife than by giving his vote, or shall Penalty on inspectors receiving other gratuity than their falaries and other legal allowances. endeavor to influence any perfon or perfons in giving his or their vote, under the penalty of one hundred and fifty dollars for every offence; nor fhall any infpector by himself or any perfon for him, be allowed to keep an ordinary, or houfe of entertainment, at or near the warehoufe where he is an infpector; and every infpector herein offending, fhall be incapable of ferving in that office; neither fhall any infpector during his continuance, be, or undertake to be a fheriff, juftice of the peace, collector of any public tax, other than what relates to any fuch office, county levies, or poor rates, or any officers fees; nor shall directly or indirectly for himself, or for any other perfon, buy, or receive by way of barter, loan or exchange, any tobacco whatsoever, under the penalty of ten dollars, for every hundred weight of tobacco fo bought or received. Provided, That nothing herein contained, shall be conftrued to hinder any inspector from receiving his rents in tobacco, which shall be first viewed, examined and flamp. ed according to the directions of this act. XXX. AND for the further and better direction of the infpectors aforefaid in their duty, Be it enacted, That no infpector fhall 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 falary and the other payments and allowances herein before mentioned and expreffed; and if any infpector shall take, accept, or receive any fuch gratuity, fee or reward, fuch infpector being thereof convicted, fhall forfeit and pay the fum of three hundred dollars; to be recovered with cofts, by any perfon or perfons who fhall inform and fue for the fame, by action of debt or information, in any court of record within this commonwealth, and moreover shall be difabled from holding the office of infpector during the continuance of this act. And if any person shall offer any Ard on the perfon of bribe, reward or gratuity, to any inspector for any thing by him to be done in fering a bribe. Inspectors falaries, purfuance of this act, other than the fees and allowances herein before directed, |