[Chapter

CLIII in ori. ginal.]

Gun factory, Feder icksburg, vested in

CHAP. IX.

An act to vest the gun-factory und public lands at Fredericksburg, in trustees for the purposes of an academy.

1. WHEREAS all institutions for the education of youth, and the advancement of science, have particular claim to the encouragement and patronage of the letrustees, for gislature; and it is represented to this present general an academy. assembly, that the gun-factory at Fredericksburg, and the lands belonging to the public thereto adjoining, will, if converted to the purposes of an academy for the education of youth, and particularly of those whose indigence of situation will otherwise deprive them of that advantage, be of great public utility;

II. Be it therefore enacted, That the said gun-factory and the lands thereto adjoining belonging to the public, together with all the buildings and appurtenances thereon, be, and the same are hereby vested in Richard Henry Lee, Henry Lee, junior, Joseph Jones, John Skinker, William Fitzhugh, Charles Carter, Edward Stevens, French Strother, William Moore, Thomas Towles, Mann Page, Edmund Pendleton, and Thomas Lomax, trustees, and their successors forever, to be by them, or any seven or more of them, applied for the purposes of establishing thereon an academy, and fitting the same for the education and instruction of youth. That the said trustees and their successors Rower of haye power to open subscriptions to raise a fund for raise funds, the establishment and support of the said academy, and appoint and from time to time, to continue the same as shall be teachers.

trustees, to

Further por

ers of trus

tees as visi

tora

found necessary, and to maintain suits at law for the recovery thereof. That the said trustees, or any seven or more of them, be empowered, from time to time, to appoint a rector, masters, ushers, and other necessary. attendants to the said academy; subject, nevertheless, to be displaced at the discretion of the said trustees, for neglect of duty or other misconduct.

III. And be it further enacted, That the said trustees, and their successors, are hereby declared and appointed directors and visiters of the said academy, with

power, from time to time, to establish such rules and regulations for the good government and advancement thereof, as to them, or a majority of them, shall appear necessary, and also to ascertain the rate of edu cation and maintenance to be paid for youths, as well as the fees or salaries of the rector, masters, and other officers. All vacancies in the said trustees, by death, resignation, or refusal to act, shall, from time to time, be supplied by appointment of the residue of the said trustees, or a majority of them

If not con

verted into an academy

IV. Provided always, and be it further enacted, That if the trustees appointed by virtue of this act, shall not within five years from the passing thereof, convert the within five said gun-factory and lands thereto adjoining, to the years, to repurposes herein directed, that then the said gun-factory vert to com and lands thereto adjoining, together with all the buildings and appurtenances thereon, shall forthwith revert to. and be again vested in the commonwealth, in the same manner as if this act had never been made.

monwealth.

CHAP. X.

An act to amend and reduce the seve

[Chap CLIV

in original.] [Chan. Reve ral acts of assembly for the inspec- pa. 188.] tion of tobacco, into one act.

I. WHEREAS the several acts of assembly for the Preamble. inspection of tobacco, are, from the many alterations made therein, rendered difficult to be understood, whereby many penalties may be incurred; and it is necessary that the said acts should be amended and reduced into one act; and doubts have arisen whether the said acts, or any, or which of them are now in force; Be it therefore enacted by the General Assembly, That No tobacco no person shall put on board, or receive into any ship to be expor or vessel, in order to be exported therein, any tobacco casks and in not packed in hogsheads or casks, upon any pretence spected, whatsoever, nor in any hogshead or cask to be in that or any ship or other vessel exported out of this state, before

ted, but in

The oaths of masters of

vessels intending to load with to

bacco.

Penalties.

No tobacco

to be taken on board a ny vessel m bulk or par cels.

Penalties.

Further penalties for ta

the same shall have been reviewed and inspected ac cording to the directions of this act; but that all tobacco whatsoever, to be received or taken ou board any ship or other vessel, and to be therein exported, or to be carried and put on board any ship or vessel for exportation as aforesaid, shall be received and taken on board at the several warehouses for that purpose berein after mentioned, or some or one of them, and at no other place whatsoever: And every master, mate, or boatswain, of any ship or other vessel which shall arrive in this state, in order to load tobacco during the continuance of this act, shall, before the said simp or vessel be permitted to take on board any tobacco whatsoever, make oath before the naval officer of the district wherein such ship or vessel shall arrive, which oath the said naval officer is hereby enpowered 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 naval officer for that purpose. And if any master shall cause any person who is not legally and bona fide mate or boatswain, to come on shore and take such oath, he shall, for the said offence, forfeit and pay five hundred pounds; And if any master or cominander of any ship or other vessel, shall take on board, or suffer to be taken on board the ship or vessel whereof he is master, any tobacco brought from any other place than some or one of the public warehouses herein after mentioned, or any hogshead or cask of tobacco, not stamped by some lawful inspector, or shall suffer to be brought on board, any tobacco, except in hogsheads or casks, stamped as aforesaid, every such master or commander shall forfeit and pay fifty pounds for every hogshead or cask of tobacco which shall not have been brought from one of the said public warehouses, or which shall not be stamped as aforesaid; and moreover, every such hogshead or cask of tobacco shall be forfeited, one moiety thereof to the use of the informer, and the other moiety to the use of the commonwealth.

II. And be it further enacted, That if any person, king on not being a servant or slave, taking upon himself to board tobac. carry any tobacco to or from any of the said ware

houses in his boat or other vessel, for hire, shall take co, in bulk or parcels. 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 two shillings 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 five pounds, before any two justices of the peace of any county near the place where such ship, boat, or other vessel, shall lie; and if it exceeds five pounds, 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 counive at or conceal the taking or receiving on board any tobacco, in bulk or parcel as aforesaid, he shall pay the sum of five pounds, to be recovered as aforesaid; and if such servant or other person shall be unable to pay the said sum, he or they, and every slave so employed, 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 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 two shillings 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 ten shillings for every day such servant shall thereafter be employed as skipper or master of any hoat or vessel to him be

1

longing, to be recovered and applied as aforesaid. ProProvisos for vided nevertheless, That it shall be lawful for the proprie sundry pur tor or proprietors to break any hogshead of tobacco after

ровез.

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 weighed, 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 ware-houses, in any beat 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 waterborn to any ware-house appointed by this act, so as the same be not carried out of the naval officer's 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 ware-houses, so as such last mentioned tobacco be packed in hogsheads or 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 naval of ficers 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, fifty shillings for every hogshead to the inform Proviso, as Provided nevertheless, That it shall and may be to Fleet's bay & War- lawful for the inhabitants of Fleet's bay, on the south rasqueake. 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, and the parts adjacent, to carry their tobacco to district of be passed at any warehouse in the upper James river.

er.