PROVIDED always, That if any fuch flave or flaves be entitled to freedom Provifo. under the laws of that fate, to which he, she or they may have been or shall hereafter be removed, fuch right shall remain; any thing in this act notwithstanding. II. THIS at fhall be in force from the paffing thereof. Commencement of this act. W CHAP. CCVII. An Act concerning the Inspection of Tobacco. [Paffed the 26th of December, 1796.] HEREAS, the act, intituled, " An act for reducing into one, the feveral Preamble. acts of Affembly for the infpe tion of tobacco," hath in many parts been found defective, and it is neceflary that the fame fhould be amended: Courts of certain coun ties to appoint commiflioners for the pur poses herein mentioned. Duty of fuch commif I. BE it enacted by the General Affembly, That the courts of the feveral counties wherein public warehouses for the infpection of tobacco have been or may be established, shall annually, in the months of August or September, appoint one or more commiffioners, of capacity and integrity, whofe duty it fhall be to provide that proper conveniences and repairs be provided and made at the feveral warehoufes in their county; that proper fcales and weights be provided, kept in repair, and examined and compared with the ftandard weights of the county once in fix months at leaft; that they vifit in the fame fpace of time each warehouse at least once, and fee that the tobacco therein is properly ftored fionere. away and fecured, and that the inspectors in all things diligently discharge their duty; and if they fhall difcover in any infpector any negligence or breach of his duty, they fhall certify the fame to the executive if it be of fuch a nature as to remove fuch inspector from office; and in all other cafes, fuch neglect or breach of duty shall be certified to the court which appointed fuch infpector, whereupon they fhall proceed against him according to law: Provided, That Provifo. to the warehouses in the town of Petersburg, one perfon fhall be appointed by the court of each of the counties of Prince George, Dinwiddie, and Chesterfield; that to the warehoufes in Richmond and Manchester, one person shall be appointed by the court of each of the counties of Henrico and Chesterfield; and to the warehouses in Fredericksburg and Falmouth, one perfon fhall be appointed by the court of each of the counties of Spotfylvania and Stafford; and that the perfons fo appointed fhall proceed jointly in performing the duties required by this act. II. EACH commiffioner appointed as aforefaid, fhall be allowed two dol- Allowance of commiflars per day for every day he thall be employed in performing the duties re- fioners. quired by this act, which fervices fhall be ascertained by the court which appointed him, and by them certified to the auditor of public accounts, who shall iffue a warrant on the treafury for the fame; the auditor fhall in like manner iflue warrants for expenfes incurred by fuch commiffioners or others acting under their directions in executing the fervices herein required, after due proof that the fame have been performed. III. AND if any commiffioner appointed by virtue of this act, fhall fail to perform the duties thereby required, he fhall, on motion to the court which appointed him, be difplaced or fined by fuch court, to the ufe of the commonwealth, in fuch fum as they fhall think proper, recoverable in the fame manner as fines against fheriffs failing to pay money received on executions. IV. IF any inspector fhall after the first day of October next, pass any tobacco packed in hogfheads which exceed fifty-four inches in the length of the ftave or thirty-four inches at the head within the crow, making reafonable allow ance for prizing, which allowance fhall not exceed two inches above the guage in the prizing head, he shall for every fuch offence, be fined five dollars, to be recovered and appropriated as other fines againft infpestors under the before recited a&t. V. EVERY infpector who fhall re-iffue or pafs away any tobacco note after the delivery of the tobacco for which the fame was granted, thall fuffer as a felon without the benefit of clergy. VI. AND be it enacted, That an additional allowance of twenty-five per centum be made to each and every inspector of tobacco throughout this commonwealth on the falaries heretofore allowed them by law, provided that the duties arifing from the fhipping of tobacco from the refpective warehoufes hall be adequate to difcharge the taid falaries. Commiffioner failing to difcharge his duty, liable to fine or removal from office, Penalty on inspectors palling tobacco in calka over a certain fize. Infpector re-iffuing a tobacco note, shali fuffer as a felon. Salaries of Inspectors increased. Pickers, their allow ance and the allowance to inspectors for nails. Penalty on manufacturers of tobacco with cut giving bond. Blow recoverable. Provifo. Infpector may inspect manufactured tobacco, VII. IN lieu of the allowance now made by law to pickers of tobacco, they shall be and are hereby allowed to demand and receive for every hogfhead of tobacco by them opened, thirty-three cents and one third of a cent; and every inspector fhall be authorised to demand and receive in lieu of the allowance now made by law, feventeen cents for finding nails; which fums fhall be paid and received in the fame manner as the allowance already made for the fame fervices." VIII. IF any perfon fhall prefume to manufacture tobacco without giving bond as required by law, he hall for every fuch offence forfeit and pay to the ufe of the commonwealth one hundred dollars, to be recovered before the court of the county or corporation within which fuch offender may refide, by action of debt or information, wherein the defendant shall be ruled to bail : Provided, That nothing herein contained thall be conftrued to extend to any perfon manufacturing tobacco of his own make. Every infpector of tobacco is hereby authorifed and empowered to infpect any tobacco manufactured in the county wherein the warehoufe at which he is appointed fhall stand, and if in his opinion fuch tobacco be good, clean, and merchantable, he fhall país the fame, ftamp and mark the cafk wherein it is packed or prized, and grant a certificate Manufacturers to pro that the fame hath been infpected according to law. He thall infpect no tobac co for which the manufacturer thereof shall not produce a manifeft, but is hereby authorised and directed to feize fuch tobacco wherever it may be found, difpofe thereof and pay the money arifing therefrom into the public treasury. IX. AND whereas it is fuggefted that under the fifty-first fection of the faid recited act, the infrection of tobacco eftablished at Deacon's-neck is dif continued: Be it enacted, That the faid infpection fhall be and is hereby revived and continued under the fame regulations as infpections lawfully efta Juce a manileft. Revival of the infpection at Deacon's Neck. Repealing claufe. Additional provifo. Commencement of this act blished. X. SO much of all acts or parts of acts as contravenes the operation of this act, fhall be, and the fame are hereby repealed. Provided always, That nothing in this ac. thall be conftrued to affect any rights, remedies, fines, forfeitures, penalties or amercements, which have accrued, been veled, or incurred prior to the commencement of this act. XI. AND provided alfo, That the courts of the counties wherein any infpec. tion of tobacco may be eftablished, fhall proceed to appoint the commiflioners in this act mentioned, at the court holden for their refpective counties in the months of January or February next. XII. THIS aft shall be in force, from the first day of January next. Licenses to fearby wen, I. BE it enacted by the General Affembly, That from and after the paffing corporate towns, how obtainable. Provifo. Further provifo. The powers of magif trates of corporations enlarged. of this act, the mayor, aldermen, and commonalty of the feveral corporate towns within this commonwealth and their fucceffors, fhall upon request of any perfon or perfons defirous thereof, grant licenfes to exercife in fuch town the trade or bulineis of an auctioneer: Provided, that no fuch lice níe fhall be granted until the perfon or perfons requefting the fame, fhall enter into bond with one or more fufficient fureties, payable to the mayor, aldermen, and commonalty of fuch corporate town and their fucceffors, in fuch penalty and with fuch condition as by the bye-laws and ordinances of fuch corporate town fhall be required. And provided alfo, That any licenfe which may have been heretofore granted by the fupervifor of this diftrict, fhall remain in full force during the term for which the fame was granted. And every perfon or persons fo licenfed, fhall have the fame powers, and be fubject to the fame regulations, and to the payment of the fame fum as the vendue mafters or auctioneers, appointed, or to be appointed by the mayor, aldermen, and commonalty of the feveral corporate towns, are liable and fubject to. II. AND be it further enacted, That the magistrates of any corpoporate town fhall have the fame power to examine privily, and take the acknowledgement of a feme covert to a conveyance and to certify the fame, as is by law given to juftices of peace of a county; and the court of huitings for each corporation within this commonwealth fhall have the fame power to admit to record, au thenticated copies of wills, proved according to the laws of any of the United States or of countries without the limits of the fame, as is given by law to the county courts. CHAP. CCIX. An Act to amend the Alt, intituled, An Act against Ufury. [Paffed the 23d of November, 196.] take directly or E it enacted, That no perfon upon any contract entered into upon or loan of any money, wares or merchandize above the value of fix dollars for the forbearance of one hundred dollars for a year, and after that rate for a greater or leffer fum or for a longer or shorter time; and all bonds, contracts, covenants, conveyances, or affurances thereafter to be made for payment or delivery of any money or goods fo to be lent, on which a higher intereft is referved or taken than is hereby allowed, shall be utterly void. II. IF any perfon shall by any way, or means of any corrupt bargain, loan, exchange, shift, covin, device, or deceit, take, accept or receive for the loan, or giving day of payment for money, wares, merchandize, or other commodity above the rate of fix dollars for one hundred dollars for one year, every perfon fo offending, shall forfeit double the value of the money, wares, merchandize, or commodity fo lent, exchanged, or shifted, one moiety to the ufe of the commonwealth, and the other to the informer, to be recovered with cofts. Bonde, &c. for a great in allowed, void. money lent than here Penalty for taking 2bove the rate of fix per cent. III. ANY borrower of money or goods, may exhibit a bill in chancery Borrower may he re against the lender, and compel him to difcover upon oath, the money or thing lieved again the len really lent, and all bargains, contracts, or shifts which shall have paffed between der, by filing a bill in them relative to fuch loan or the re-payment thereof, and the intereft and con- chancery. fideration for the fame, and if thereupon it shall appear that more than lawful intereft was reserved, the lender shall be obliged to accept his principal mo ney without any intereft or confideration, and pay cots, but shall be difcharged of all other penalties of this act. IV. SO much of the faid recited act, as comes within the purview of this act, Repealing claufe. fhall be and the fame is hereby repealed. V. THIS a& fhall commence and be in force, upon the first day of May Commencement of this next. ac. CHAP. CCX. An Alt concerning the Special Court of Appeals. [Paffed the 18th of November; 1796.] ་་ 7HEREAS by the act, intituled, " An a& for reducing into one act, the fe- Preamble. W! veral acts concerning the court of appeals, and special court of appeals," it is, among other things, provided and enacted, that whenfoever a majority, or all the judges of the court of appeals, shall be interested in any cafe in the faid recited act, mentioned, the fame shall be entered of record in the faid court, and the clerk thereof shall, thereupon, iffue a fummons to the judge of the high court of chancery, and judges of the general court, requiring them, if not difqualified to fit in fuch cafe, to attend at the capitol in the city of Richmond, or in cafe of adjournment of the court of appeals to any other place, at fuch other place, on the twentieth day of June, or November, then next following, to conflitute a fpecial court of appeals, for the purpofe of hearing and finally deciding fuch fuit; but no provision is made for thofe cafes, wherein it may happen, that the day, fo to be appointed, shall happen to fall out upon a Sunday, which may be attended with great inconvenience. 1. BE it therefore enacted by the General Affembly, That whenever a funmons hath been, or shall be iflued, purfuant to the faid recited act for affeinbling a special court of appeals, if the day to which fummons is, or shall be made returnable, shall happen to fall out of a Sunday, fuch court shall be hoiden on the next fucceeding day, in like manner as if the fame had been the day named in the fummons, and shall then proceed to hear, determine, and finally decide all fuits, procefs, matters and things, fubmitted to their cognizance and jurifdiction, as if the fame had been the twentieth day of the month, to which fuch fummons is, or shall be made returnable, special court of appeal holden on the next day. |