Masters of

tobacco

III. And be it further enacted, That every master of a ship or vessel wherein tobacco shall be laden, shall vessels to give in upon at the time of clearing, deliver to the naval officer, a oath a manifair 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 just 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 no ship or vessel shall be cleared by the naval officer before he 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.

be a some public ware

IV. And be it further euacted, That if the skipper Relan ledtoof any boat or vessel, or the person or persons to whom bacco inast the care and management thereof shall be entrusted, shall land or put on shore any hogshead, cask, or pack- house. age of tobacco, put on board the same to be carried to 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 some or one of them, or the wharfs 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 embezzlement, or shall open any hogshead or cask of tobacco so as aforesaid waterborn and landed, and take thereout any tobacco before the same be received by the inspectors according to the 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 *shall suffer as in the case of felony. Provided always, that or open That nothing herein before contained shall be constru- ng hogs. ed to prohibit the landing or putting on shore any hogs- heads & takhead, cask, or package of tobacco, out of any boat or baco ing out toother vessel, which by distress of weather shall be forced Exception as on ground, or become leaky, so as such lending be re- to tobacco ally and bona fide for the preservation of the tobacco distress of

VOL. XI.

B 2

Penalty for

landed in

weather.

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 warehouse 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 trouble 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, upon 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, and 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, under 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 of several warehouses hereby established, shall be and warehouses, they are hereby established at the following rates; At Pitt'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. 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

And

Proviso as to wharves

Proprietors of old ware

speciors.

shipping the same. Provided always, That where wharfs are or shall be necessary to be built or kept in repair at any of the said warehouses, and the rents hereby established are not sufficient for building and keeping in repair such wharfs, 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 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 charges, together 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.

VII. And be it further enacted, That where the ware-houses are already built at any of the places herehouses to let in before mentioned, and appointed for keeping the them to in same, and are now made use of for public ware-houses, 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 rect he to do, he shall forfeit and pay five hundred pounds; 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

number and

place, it shall be lawful for the justices of the court of that 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 order and direct so many strong, close.

And take bond with security of the proprie tor if he cho and let them

ses to build

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, aut such wharfs and other conveniences, as shall be necesary; and shall cause the owner or proprietor of the land where such ware-houses are appointed to be kept, and if such owner or proprietor be under age, feme covert, or out of the country, then the guardian, husband, or known attorney, or agent (as the case may be of such owner or proprietor, to be summoned to appror before them at the next succeeding county court, after such summons shall issue, there to declare whether they will undertake to erect and build such houses. funnel, wharfs, 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 settled for the same; and in case such owner, guardian, husband, known attorney, or agent, will undertake 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 governor and bis successors, to the use of the commonwealth, with condition for the due performance of such undertaking. And if such owner, guardian, husband, If he refuses known attorney, or agent, shall refuse to undertake the the land paid same, or give such bond as aforesaid, then it shall be for and houlawful for the said justices, and they are hereby re- at expense quired, to value an acre of the said land, and to pay or tender to the proprietor, his or her guardian, husband, known attorney, or agent, the value thereof, which shall be repaid to the said justices by the public; 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 person or persons to erect and build thereon such houses, funnels, wharfs, and other conveniences, as is herein before directed, and shall certify the charge thereof to the treasurer of this state for the time being, who is

ses, &c. built

of the public and rents

paid to trea

surer.