by this act, he shall forfeit for the deficiency of every pound under three, eight to any barrel a fmaller cents, and for the deficiency more than three feventeen cents. quantity. IV. FOR every barrel of Indian meal inspected agreeable to the directi- Rate of infpe&tion. tions of this act, the infpector shall have and receive as a compenfation, two cents; but the owner or manufacturer shall have the fame right of appeal from the judgment of the infpectors as is provided in the cafe of flour. ed. V. IT shall not be lawful for any perfon to export or lade on board of any Exportation of uninship or veffel for exportation cut of this ftate, any cafk of Indian meal which pected meal prohibitshall have been condemned by an infpector; or to export or lade on board of any ship or veffel for exportation, from any port or place within this state, any cafks or barrels of Indian meal, not infpected as aforefaid, on pain of forfeiting and paying five dollars for every cafk or barrel exported, or laden on board Penalty on perfons exporting fuch meal, any ship or veffel for exportation, which may be recovered before a fingle magiftrate, one half to the ufe of the informer, and the other half to the ufe of the commonwealth. VI. THIS act shall commence and be in force, from and after the first day Commencement of this of February next. act. CHAP. CXCVI. An Act to amend the feveral Acts for regulating Pilots, and afcertaining their W Fees. [Paffed the 2rd of December, 1795.] a 7HEREAS by the act, "To reduce into one, the feveral acts for regulating Pilots, and afcertaining their Fees," every mafter of a merchant veffel coming from fea, is obliged to receive the first pilot who offers below the Horfe-Shoe, which by experience has been found not to effect the object of fupplying vessels, arriving on our coafts, with pilots: Preamble. Pilot first meeting a I. BE it therefore enacted, That it shall be lawful for any pilot belonging veffel to conduct her to to this commonwealth, who firit meets a veffel at fea, to take charge of, and certain places. conduct her into Hampton road, York river, or Mobjack bay, and to receive the fees allowed by law for conducting veffels to the aforefaid places; from whence any pilot having a branch for the port she is deftined to, may take charge of, and conduct her thereto. Additional fees for pi lotage. II. AND be it enacted, That every pilot shall be allowed and paid one fourth in addition to the fees, allowed by the act, "To reduce into one, the feveral acts for regulating pilots, and afcertaining their fees:" Provided always, Provifo. That coafting veffels shall not be obliged to take a pilot. Rules to he obferved meeting veffels coming by pilots, in case of III. AND be it further enacted, That every pilot who meets a veffel, coming from any place infected with contagious difeafes, and directed by proclamation of the Governor to perform a quarantine. shall, before he boards her, from places infected enquire whether any perfon or perfons on board are fick, and if any should with contagious difbe fo, that he direct the faid veffel to follow his boat, which faid veffel he is cafes. to lie by, and conduct to the nearest place for veffels to perform quarantine, and there bring her to anchor; but if no perfon on board fuch veffel be fick, he may conduct her to the port the is bound to: Provided, There be a fuperintendant of quarantine in fuch port, and proceed immediately to give notice to the faid fuperintendant of the arrival; and the faid pilot for his extra trouble therein, shall be allowed and paid by the mafter or owner of the vessel, five dollars over and above the pilotage he is entitled to. And if any pilot shall fail to give notice to the fuperintendant, it fhall be confidered a breach of good behaviour, and fhall moreover forfeit his branch for twelve months: Provided, That nothing herein expreffed fhall affect the rate of pilotage as established by law, from the Capes to the different places up the Patowmac river, which shall reinain as estimated in the law passed in the year one thousand seven hundred and ninety-two. IV. ALL and every at coming within the purview hereof, fhall be, and Repealing claufe. the fame is hereby repealed. V. THIS act shall commence and be in force, from and after the first day Commencement of this of February next. aa. Courts to appoint in. spectors of fish; their duty and allowance; gauge of cake, &c, Penalty impofed on of duty, &c. I. CHAP. CXCVII. An Act for the Inspection of Fish. [Paffed the 28th of December, 1798.1 E it enacted by the General Affembly, That no fifh fhall be exported out of this commonwealth until the fame fhall be packed in barrels, under the regulations herein after expreffed; and the justices of every county and corporation court within this commonwealth are hereby authorised and required, whenever application fhall be made to any court for that purpose, and in the months of Auguft and September annually to nominate and appoint in open court, one or more (not exceeding fix in one county) fit and able person or perfons refiding in the fame county, to infpect the package of all fifh packed for fale or exportation in their respective counties. And every perfon fo appointed, fhall before he enters upon the execution of that office, make oath before the juftices of his county court, carefully to view, infpect, and examine, when required, all fifh packed for fale or exportation, and to the best of his kill and judgment not to pass or ftamp any barrel of fish that is not good, clean, found, merchantable, and of the guage by this act directed, and faithfully to difcharge the duty of his office, without favor, affection, or partiality; and shall tonftantly attend upon notice at fuch time and place as the owner of any fuch commodity fhall appoint to infpest the fame within his county, but fhall not infpect or flamp any fish imported from another ftate of the union, until the fame fhall be brought to fome public landing; and fhall provide a ftamp or famps with the firft letter of his county, the letter V for Virginia, the first letter of his own chriftian name; and his whole furname at length to be ftamped on each barrel or cafk by him paff, for which he may demand and take for every barrel of fifh by him flamped, fix cents, to be paid down by the Owner. II. AND if any officer fo appointed and fworn, fhall neglect his duty, or infpectors for neglect stamp any fuch commodity contrary to this act, he fhall forfeit and pay one dollar for every barrel of fith which thall be found not duly qualified, or of lefs weight or contents than this act requires, and alfo one dollar for every neglect of his duty, recoverable by the informer with coils before a justice of the peace of the county where fuch offence fhall be committed. Fifh to be of one kind; Penalty on perfons fel. ling fish in cafks of fmaller gauge than directed by this act. Provifo. III. EVERY barrel of fifli packed within this commonwealth for sale, in any town established in this flate, or exportation, or imported here, shall be packed all of one kind, and in a barrel well feafoned, containing not lefs than thirty or more than thirty-two gallons; and all barrels fo packed fhall be full, well nailed, and pegged, and the fish therein shall be well falted, found and well feasoned; and no infpector fhall pafs or itamp any barrel of fish that does not appear to fuch infpector to be well falted and cured before the fame is packed; and after the fame has been infpected, found merchantable, and paffed by the infpector or inspectors refiding in the county where the fame shall be packed or imported, every fuch barrel fhall be by him or them ftamped or branded as aforefaid, and a certificate thereof given to the owner. IV. AND if any perfon fhall prefume to fell or expofe to fale, or barter any barrel of fish of lefs fize or guage than that above mentioned in any town eftablished in this ftate, he or fhe fhall forfeit and pay to the informer two dollars for every fuch barrel of fish fold or expofed to fale, or barter in this commonwealth, recoverable with cofts by the informer before any juftice of the county or corporation where fuch offence fhall be committed, although the penalty shall exceed five dollars; and every juftice of the peace upon fuch complaint before him made, and due proof of fuch offence, shall and may by virtue of this act, give judgment for the whole penalty, and award execution thereupon; any law to the contrary thereof notwithstanding: Provided neverthe, That from fuch judgment for more than five dollars, the party grieved may appeal to the next court to be held for the county wherein fuch complaint was made, the appellant entering into bond with fufficient fecurity before the justice by whom the judgment shall be given, that he will profecute his appeal with effect, and pay the famne judgment and all coits awarded by the court, if the judgment shall be affirmed; and the justice of the peace taking fuch bond, shall return the fame together with the whole record of his proceedings in the caule, to the fame court to which fuch appeal shall be, which Court shall and may receive, hear, and finally determine the fame. V. EVERY feller or exporter of fish packed in this commonwealth, and Perfons felling or exftamped or branded, shall make oath before a juftice of the peace, at the time porting fish, to identify of the delivery of fuch fish fold or exported, that the feveral barrels by him the fame on oath, then fold or exported, are the fame that were infpected and paffed, and do contain the full quantity, without embezzlement or alteration to his knowledge; and every perfon taking a false oath, and being lawfully convicted thereof, shall fuffer the pains and penalties inflicted on perfons guilty of wilful and cor- Penalties on conviction rupt perjury, and moreover shall forfeit and pay the fum of one hundred dol- of having taken a falfe Jars, to be recovered by any perfon or perfons that will fue for the fame, to his oath. or their own use. VI. AND if any fuch fish be put to fale or shipped off without having been Fines on mariners for approved by an infpector, and the barrels in which they are contained have not receiving uninfpected the faid infpector's ftamp, mark, or brand upon them, or if any mafter of any fish on board their vefship or other veffel, officer or mariner, shall receive on board any fuch ship for fels, &c. exportation, the offender or offenders shall incur the penalty of two dollars for each barrel fo shipped, to be recovered in any court of record in this commonwealth, by him or them who will fue for the fame; and moreover all fish laded or received on board for exportation as aforefaid, shall be forfeited. And if any cooper, infpector, or other perfon, shall shift any fish either on board any ship or veffel, or on shore, after the fame hath been fo branded, stamped, or marked by the infpector, and ship and export the fame, and a new brand, ftamp, or mark the barrel wherein to fuch fish are shifted, all perfons acting, ordering or affifting therein, and being thereof convicted, shall forfeit and pay a fum not exceeding five dollars. And if any perfon other than the proper cer shall prefume to mark, ftamp, or brand any barrel of fish with the stamping or branding inftrument belonging to fuch officer, or other inftrument made in imitation thereof, fuch perfon or perfons on conviction thereof, shall forfeit and pay the fum of five dollars for each barrel fo marked, ftamped, or branded, to be recovered in the manner before mentioned. offi VII. EVERY cooper, and the mafter or owner of every fervant or flave, Materials of the cafks; who shall fet up barrels for fish, shall make the fame in the following manner, number of hoops to be put thereon, &c. to wit: Each barrel, of good, ftrong, well feafoned timber, clear of fap, and not less than five eighths of an inch thick, tight and well hooped with twelve hoops at the leaft. VIII. THE feveral fines and forfeitures impofed by this act (except fuch as are otherwife recoverable) shall, and may be recovered to the ule of the informer, where the fame shall not exceed five dollars, before any juftice of the peace; and for any fum above five dollars, and not exceeding twenty dollars, by petition in any county court; and for all fums above twenty dollars, in any court of record within this commonwealth, by action of debt or information, with costs of fuit. Fines, &c. impofed By this act, how and for whofe use recoverable. IX. THIS act fhall commence and be in force, from and after the first Commencement of this day of June next. act. CHAP. CXCVIII. An Act to afcertain the Salary of the Judge of the High Court of Chancery. [Paffed the 26th of December, 1795.] I. B Salary of the judge of the high court of chancery, & how payable. A&. II. THIS act shall commence in force and have effect on the first day of Commencement of this January next. |