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be 21 sone
III. And be it further enacted, That every master
Masters of of a ship or vessel wherein tobacco shall be laden, shall
give in upon at the time of clearing, deliver to the naval officer, a oath a wnanifair manifest of all the tobacco on board his ship or fest of their vessel, expressing the marks and numbers of every when clearhogshead or cask, and the tare and nett weight stamp-ing out ed thereon, the person by whom shipped, and from what warehouse, and shall make oath thereto, and that the same is a jast and true account of the marks, numbers, tare, and nett weight, of each respective hogshead or cask, as the same was taken down by the person or persons appointed by him to take the same before the said tobacco was stowed away; and wo ship or vessel shall be cleared by the naval officer before be shall have received such list and manifest, which shall by the said naval officer be transmitted to the treasurer of this commonwealth for the time being.
IV. And be il further euacted, That if the skipper Kelan led to of any boat or vessel, or the person or persons to whom bacco inust the care and management thereof shall be entrusted,
public wareshall land or put on shore any hogshead, cask, or pack-house. age of tobacco, put on board the same to be carried 10 any public warehouse at any other place or places than the warehouses by this act appointed for the reception and inspection of tobacco, or at soine or one of them, or the wharís or other landing to such warehouse or warehouses belonging, or shall put the same on board any other vessel, or suffer the same to be done, so as the same be not delivered at some of the said public warehouses, without fraud or embezzlemeni, or shall open any hogshead or cask of tobacco so as aforesaid waterborn and landed, and take thereout any tabacco before the same be received by the inspectors according to directions of this act; or after the same has been viewed shall fraudulently open any hogshead or cask, and take thereout any tobacco, every such offence shall be judged felony, and the offender or offenders
Penalty for 'shall suffer as in the case of felony. Provided always, that or open
That nothing herein before contained shall be constru- ing hogs. ed to prohibit the landing or putting on shore any bogs- heads & tak
ing out to head, cask, or package of tobacco, out of any boat or
barco other vessel, which by distress of weather shall be forced Exception as on ground, or become leaky, so as such landing be re- to tobacco ally and bona fide for the preservation of the tobacco distress of B 2
laden in such vessel, and that the same may with all convenient speed be thereafter carried to the warehouse
or ship (as the case may be) to which it was designed, Provision for without embezzlement. Provided also, That if by any tobacco da. of the accidents aforesaid, or negligence of the master maged.
or skipper of any vessel, any tobacco which hath been viewed and stamped, shall in its carriage to the ship or vessel in which it is intended to be exported, receive so much damage as that the master of such ship or vessel will not receive it on board, every hogshead or cask of tobacco so damnified shall with convenient speed be carried to some warehouse appointed by this act, and there lodged until the owner of the said tobacco, or master of the vessel in which it was damaged, shall have separated the same and repacked the good tobacco, and then the same shall be weighed and stamped with the weight by the inspector attending such ware. house without fee or reward; but if the owner of such tobacco, or the master of the vessel in which it was damaged, shall fail or delay to separate and repack the same within ten days, then the inspectors at the warehouse where such damaged tobacco shall be landed, shall, and they are hereby required to separate, repack, weigh, and stamp the same; and such inspectors shall receive of the owner ten shillings for their trou
ble and nails. Warehouses
V. And be it further enacted, That public warehouestablished. ses for the reception of tobacco, pursuant to this act,
shall be kept at the several places herein after mentioned, that is to say: In the county of Accomack, at Pitt's land, opon Pocomoke, at Guilford, and at Pungoteague, under one inspection; in the county of Caroline, at Roy's; in the county of Charles City, at Kennon's; in the county of Dinwiddie, at Bolling's point, Bollingbrooke and Cedar point; in the county of Essex, at Hobb's Hole, at Bowler's, and at Layton's; in the county of Fairfax, at Colchester, at Alexandria, and at the falls of Potowmack; in the county of Gloucester, at Poropotank, and at Deacon's neck; in the county of Hanover, at Page's, and at Meriwether's; in the county of Chesterfield, at Rocky Ridge, at Warwick, at Osborne's, avd at John Bolling's; in the county of Henrico, at Byrd's, at Shockoe, and at Rockett's; in the county of Isle of Wight, at Smithfield, and at Fulgham's, under one inspection; in the county of King
and Queen, at Shepherd's, at Mantapike, and at Frazer's, in King William, onder one inspection; and at Todd's in King and Queen, and at Aylett's, in the county of King Wiliam, under one inspection; in the county of King George, at Boyd's Hole, & Machodack, under one inspection, and at Gibson's; in the county of Lancaster, at Davis's and Lowry's, under one inspection, and at Deep Creek and Glasscock's, under one inspection; in the county of Northumberland, at Coan and North Wicomico, under one inspection; and south Wicomico and Indian creek, under one inspection; in the county of Middlesex, at Urbanna; in the county of Nansemond, at Milner's, and Wilkinson's; in the county of Northampton, at Cherrystones and Naswaddox, under one inspection; in the county of New Kent, at Littlepage's, and at the Brick-House; in the county of Prince George, at Boyd's, Davis's, and Blandford; in the county of Prince William, at Quantico and at Dumfries; in the county of Richmond, at Cat point, and at Totusky; in the county of Surry, at Gray's creek, and at Low point; in the county of Stafford, at Falmouth, at Aquia, and at Dixon's; in the county of Spotsylvania, at Fredericksburg, and at Royston's; in the county of Warwick, at Denbigh; in the county of Westmoreland, at Nomini, at Leed's, and Mattox, under one inspection; at Yocomico and Rust's, under one inspection: at the College landing, in the county of James City, and at York town, in the county of York, under one inspection; at Hampton, in the county of Elizabeth city.
VI. And be it further enacted, That the rents of the Rents qi several warehouses hereby established, shall be and warehouses, they are hereby established at the following rates: At Piti's and Guilford's, ten pounds; at Pungoteague, eight pounds; at Cherrystone's and Naswaddox, eight pounds; at Hampton, ten pounds; at College landing, ten pounds; and at all the other warehouses there shall be allowed and paid for the rents of the same, one shilling and six pence for every hogshead of tobacco that already have been or shall be received, inspected, and delivered out of such warehouses respectively. And there shall be paid to the proprietors of each warehouse, for all tobacco lying therein more than twelve months, at the rate of three pence per month for each hogsheads to be paid by the shipper thereof at the time of
shipping the same. Provided always, That where Proviso as to wharfs are or shall be necessary to be built or kept wharves
in repair at any of the said warehouses, and the rents hereby established are not sufficient for building and keeping in repair such wharss, or where any new - warehouse shall hereafter be built in pursuance of this act, and the rent hereby established shall not be proportionable to the expence of such building, in both the said cases such further allowance shall be made by the general assembly as shall be thought reasonable; and the rents aforesaid, together with the inspectors saJaries, shall be paid and allowed by the treasurer to the several inspectors upon the passing their accounts, and the inspectors shall pay the rents to the persons entitled to receive the same, out of the money received by them for inspecting tobacco; and if the
and if the money received by the inspectors at any warehouse shall not be sufficient to pay the salaries and rents aforesaid, and other incident charges in this act mentioned, such deficiency shall be made good out of the general fund arising by the profits of the other warehouses; and if that shall prove deficient, then the said rents and cbarges, togeiher with the inspectors salaries, shall be paid and satisfied out of any other public money in the hands of the treasurer, for the time being, not otherwise appropriated by law.
VU. And be it further enacted, That where the Proprietors of old ware
ware-houses are already built at any of the places herehouses to let in before mentioned, and appointed for keeping the them o in
same, and are now made use of for public ware-houses, speciors.
the proprietors and owners of such ware-houses shall be, and they are hereby obliged, to let the same to the inspectors during the continuance of this act, at the
rent hereby established for such ware-houses respectCourts to di. ively; and if any proprietor or owner shall refuse so
to do, be shall forleit and pay five hundred pounds; number and kid of new and where ware-houses are not already built at any of warehouses the places aforesaid, or where any new ware-houses and wharves shall be hereafter appointed to be kept at any other
place, it shall be lawful for the justices of the court of ihat county, wherein such place is or shall be, and they are hereby required, at the next court to be held for their county after the commencement of this act, or after such new ware-house shall be so appointed (as the case may be) to prder and direct so many strong, close.
and substantial houses, secured with strong doors, hung on iron hinges, and with strong locks or bolts, as will contain sufficient room for two thirds of the number of hogsheads, which, in their opinion, will be annually brought to the same, and one brick square or funnel six feet high at least, and four feet diameter, with a proper arch at the bottom of the same, for burning tobacco refused and picked, at such ware-houses, ane stick wharfs and other conveniences, as shall be nect --ary; and shall cause the owner or proprietor of And take the mud where such ware-houses are appointed to be bond with kepi, and il sacii owner or proprietor be under age, the proprie. fenea coveri, or out of the country, then the guardian, tor if he chobusbeinud, or known attorney, or agent (as the case may and let them bi i of soeb owner or proprietor, to be summoned to a before them at the next succeeding county court, ailer such summons shall issue, there to declare whether they will nudertake to erect and build such houses, funnel, wharts, and other conveniences, and let the same to the inspectors appointed to attend at such Ware-houses, at the rent settled by this act, or which shall be hereafter setiled for the same; and in case such owner, guardian, husband, kuown attorney, or agent, will underiake the same, then the said court shall, and they are hereby required, to take bond with sufficient security, in a reasonable penalty, payable to the goverror and his successors, to the use of the commonwealty, with condition for the due performance of such undertaking. And if such owner, guardian, husband, if he refuses known alorney, or agent, shall refuse to undertake the the land paid, same, or give such bond as aforesaid, then it shall be for and boulas ful for the said justices, and they are hereby re- at expense
ses, &c. built quired, to value an acre of the said land, and to pay of the public or tender to the proprietor, his or her guardian, hus- and rents
paid to trea band, known attorney, or agent, the value thereof, which shall be repaid to the said justices by the publir; and from thenceforth the justices of the county for the time being, shall be seized in fee of the said land, in trust, and for the use of the public, during the time the said place shall be made use of for a public warehouse; and the said justices shall agree with some persol or persons to erect and build thereon such houses, funnels, wharfs, and other conveniences, as is herein befort directed, and shall certify the charge thereof to the treasurer of this state for the time being, who is