hereby directed and required to pay the same out of the public money in his hands, arising from the inspection of tobacco, and shall take and receive of the inspectors the rent established at such ware-houses for reimbursing the public the charge of such buildings, until the same shall be repaid, with lawful interest.—. And where the justices of any county court, or any other person or persons, have already built ware-houses on lands of another person, by virtue of, or in pursuance of, the laws lately or now in force, the said justices, or other person or persons, shall in like manner be seized in fee of the acre of land upon which such ware-houses are built, so long as the said places respectively shall be made use of for public ware-housWarehouses es; but if any of the ware-houses which are or shall be discontinu- built by the public, the justices, or other persons, shall ed, how pro- hereafter be discontinued, the proprietor of the land, prietors re returning the price paid for the same, with lawful interest, shall be thenceforth seized of his former estate. VIII. And be it further enacted, That the inspectInspectors yearly to lay ors at the several ware-houses shall, at the court before the to be held for their respective counties in the month of count of to- September yearly, or at the next succeeding court, produce and render into court an exact account, under spected and their hands, of the number of hogsheads of tobacco the houses. inspected at their respective ware-houses the preceding year, and of the condition of the ware-houses under their charge, and the quantity of tobacco they are caCourt may pable of containing, and thereupon such court, if they order houses shall not be satisfied that the ware-houses already built to be repair at any of the said inspections are properly secured, and ed or secur- contain sufficient room for two thirds of the number of houses built hogsheads mentioned in such account to be conveninecessary. ently stowed, shall enter an order that the owner or

vested.

Court an ac

bacco in

condition of

ed, and new

proprietor of such ware-houses shall, within such reasonable time as the said court shall think fit to allow, repair and make close the ware-houses already built, and secure the same with strong doors hung on iron hinges, and with strong locks or bolts; and that such owner or proprietor shall also before the first day of April, in the ensuing year, erect, build, and completely finish, such and so many other strong, close, and substantial houses, as with the other houses already built, shall be sufficient, in the opinion of such court, conveniently to contain two thirds of the quan

tity of tobacco, mentioned in such inspectors account, and secure the same in the manner herein before directed; a copy of which order shall be served on such By the preowner or proprietor, or his or her guardian, husband, Prietor or public. attorney, or agent, (as the case may be) and if such owner or proprietor, his, or her guardian, husband, attorney, or agent, shall fail to appear at the next succeeding court, after such notice, and enter into bond with sufficient security, in a reasonable peualty, payable to the governor for the time being and his successors, with a condition for the due performance of the same, then it shall be lawful for the said court, and they are hereby required, to cause such repairs and houses to be made and built as aforesaid, and shall certify the charge thereof to the treasurer of this state for the time being, who is hereby required to pay the same out of the public money in his hands, arising from the inspection of tobacco, and shall take and receive from the inspectors the whole or a proportion of the rents established at such ware-houses, for reimbursing the public the charge of such buildings and repairs, with interest thereon, which proportion shall be settled by the court, and by them certified to the treasurer; but if there shall appear to be an immediate occasion to hire houses before others can be built as aforesaid, the rent of such houses shall be paid by the public, without any charge upon the landlord. Provided, That where Proviso for two or more inspections are established in one county, united inwithin the distance of six miles, and that it shall be spections. necessary to build more houses at any of them, the court shall direct the building such additional houses, at such of the said inspections as to them shall seem most proper, and if there shall be in the whole sufficient house room, according to the directions of this act, for two thirds of the tobacco brought to such inspection, the court shall not direct the building other houses at any of them.

courts for

IX. And be it further enacted, That if any county Penalty on court shall fail or refuse to do their duty in directing county such houses, funnels, and wharfs, and other necessary neglect. conveniences at the places established by this act for erecting new ware-houses, or such additional buildings and repairs at the places where houses are already built, and causing the same to be built or made according to the directions of this act, every justice so failing

taken from

or refusing shall forfeit and pay thirty pounds; to be recovered in the general court with costs, by action of Gonvenien- debt or information against such justices jointly. Proces not to be vided always, That nothing herein contained shall be proprietors. construed to give power to the said justices to take away the houses, orchards, or other immediate conveniences of any proprietors of lands for the purposes Nor inspect aforesaid, nor to the said inspectors to keep any horors to keep horses, catses, cattle, or hogs, at any public ware-houses, except tle, or hogs, their riding horses, upon the land appointed for such on the land. ware-houses; and if any swine belonging to the said inspectors, or any of them, shall be found at large upon the land appropriated for such ware-houses, or the lands adjoining thereto, it shall be lawful for the proprietors of the said lands to kill, or cause to be killed or destroyed, all such swine. Provided also, That How propri- where any ware-houses have been or shall be built by etors may be restored to the justices or other persons as aforesaid, and the first proprietor of the land shall desire to have the same again, such proprietor, upon payment of so much money as shall be sufficient to reimburse the said justices or other person the principal money expended for the purchase of the land and the building such ware-houses, with lawful interest, deducting the rents received by the said justices or other person, shall be restored to his former estate in the land whereon such warehouses are built, and shall receive the rents aforesaid growing due for such ware-houses. Provided also, That if any proprietor so as aforesaid restored to his estate, shall neglect or refuse to build and repair such houses and whars as the court shall think necessary, the justices shall again be seized of the fee simple estate in such land during the time such place shall be made use of for a public warehouse, and such proprietor shall not have any benefit of the rents that shall hereafter become due.

former es

tate;

But if he again fails to

build or repair, to be revested in the public.

Waste or de

how to be punished.

X. And be it further enacted, That on complaint bestruction of ing made by the owner or owners of any of the warewarehouses, houses aforesaid, to any justice of the peace in the county where such warehouse shall lie, against any.. person or persons for breaking, tearing, or committing any waste or destruction of, or in, such warehouse or warehouses, it shall be lawful for such justice, and he is hereby empowered and required, to give judgment and award execution against the body or estate of such

offender if found guilty, for all damages occasioned by such breaking, tearing, or waste or destruction, provided such damages do not exceed the sum of twentyfive shillings in his opinion; and if such damages shallexceed that sum, then it shall be lawful for such owner or owners to commence and prosecute his or their action at law against any such offender, in any court of record within this state, in which the plaintiff shall recover costs, although the damage shall be under forty shillings.

Scales and weights to be provided,

XI. And be it further enacted, That there shall be kept at every one of the said warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales with weights to weigh fifteen hundred pounds at the least, and a set of small weights the same that are or ought to be provided for the standard weights of each county; and where, such scales and weights are not already provided, or How are or shall hereafter be worn out or become unfit for use, the justices of the respective county courts wherein any of the said warehouses are or shall be, are hereby directed and required to provide the same with all convenient speed; and the treasurer for the time being, is hereby empowered and required to pay the pur- And tried & chase money out of the public money in his hands ari- repaired sing from the inspection of tobacco; and moreover the twice a year. said justices are hereby required and directed, twice in every year at least, to appoint one or more of their number to view the said scales, and examine and try the weights at the several warehouses by the standard weights of the county, and if the said scales and weights shall want repairing, or the weights be found deficient or differing from the lawful standard, the said justices shall cause the same to be repaired and mended; and the weights made conformable to the standard; and if the justice or justices so appointed, shall refuse or ne glect to do the same, the justice or justices so refusing, shall forfeit and pay the sum of fifty pounds; and the charge of repairing and amending the said scales and weights, and also for removing the standard to the several warehouses for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their accounts with the treasurer. XII And be it further enacted, That all tobacco ted and com which shall be brought to any of the public warehous- missioned. C 2

VOL. XI.

Inspectors, how nomina

es shall be viewed, inspected, and examined, by two persons to be thereunto appointed, who shall be called inspectors, which said inspectors shall be appointed in the following manner, that is to say: The courts of the several counties within this state, wherein any of the public warehouses appointed by this act are established, shall, and they are hereby required, once in every year, and no oftener, at their respective county courts held in the months of August or September, to nominate and recommeud to the governor, for the time being, for so many offices of inspection as are or shall be in their respective counties, four fit and able persons, reputed to be skilful in tobacco, for the execution of the office of inspectors; and where two ware-houses, under one and the same inspection, happen to lie in different countries, in that case the court of each county shall nominate and recommend two for such inspection, which nomination the said court shall cause to be entered upon record; and the clerks of the said courts shall, and they are hereby required, forthwith to transmit a certificate of the same to the clerk of the council; and out of the said four persons nominated and recommended for each inspection, the governor, with advice and consent of council, shall choose and appoint two to execute the office of inspectors at such inspection; and in default of such nomination or recommendation by the county courts as aforesaid, the governor, with the like advice and consent, shall appoint such persons as he shall think fit to be inspectors at such inspection for which no nomination or recommendation shall be made as aforesaid; and also in case of the death, resignation, or removal of any inspector, the governor shall and may appoint any person named in the last recom mendation from the county court for that inspection where the vacancy shall happen, to succeed him until. the next nomination and appointment of inspectors; but if either of the persons named in such last recommen dation, will not accept the said office, in that case the governor, with the advice and consent of the council, An addition may appoint any other person they shall think fit; and al inspector, besides the two inspectors appointed as aforesaid, the governor, for the time being, with the advice of the council, shall appoint one of the persons recommended with such inspectors, to be additional inspector at the warehouse for which he shall be recommended, which

and when to

act