Size of tobacco hogs the same be packed loose or in bundles, shall be tobacco, tor. XXI. And whereas many and great inconveniences Penalty for have arisen from inspectors undertaking to deliver to- delivering bacco, the property of others, in their ware-houses, without an without der from the proprietor of the same: Be it order from enacted, That from and after the passing of this act, if the proprie. any inspector shall presume to deliver any tobacco in his ware-house, without order from the owner or proprietor of such tobacco, every inspector so offending, and being thereof duly convicted in the court of the county wherein he officiates, is declared incapable of serving for ever after as an inspector in this state, and moreover shall be liable to the penalty of fifty pounds, for every hogshead of tobacco so as aforesaid delivered, without order of the owner or proprietor thereof, to be recovered by such owner or proprietor thereof, if he or she shall prosecute within four months after the offence committed; or if he or she decline the prosecution, then, after that time, by any person who shall inform or sue for the same, by action of debt or information, in any court of record within this commonwealth. And if any inspector shall deliver any transfer receipts, or notes of crédit, for tobacco, to any suing fictitiperson or persons, unless at the time of delivering the ous transfer same, he shall have actually and bona fide received notes, in and passed tobacco the property of him, her, or them, suits for in whose name or names such receipts or notes shall be proof shall made out to the full amount of the quantity therein lie on the inspector. specified, every inspector so offending, and being duly convicted, shall be disabled from serving as an inspector, and moreover shall forfeit five pounds for every hundred weight of tobacco such fictitious note shall express, to any person who will sue for the same, recoverable by action of debt in any court of record.~~~ And for is notes in ex change for transter. And for every prosecution against any inspector or in. inspectors, for the said offence, the proof of his or their innocence shall lie upon the defendant. Inspectors XXII. And be it further enacted, That the owner so give crop of any transfer receipts may, at any time before the sale of the tobacco contained in such transfer receipts, as herein after is directed, receive and mark hogsheads of tobacco to satisfy such receipts; and the inspectors shall take in their former receipts and deliver crop receipts for such hogsheads, and shall be answerable for the safe keeping thereof in the same manner as they are for crop tobacco; but the persons receiving such hogshead, shall pay to the inspectors nine shillings and six pence for the inspection and nails for every hogshead, that is to say, three shillings and six pence down to the inspectors for their use, for nails and their trouble in prizing, and six shillings as inspection, And in Sep- when the tobacco is delivered. And the inspectors tembercourt shall, at the court held for their county in the month yearly acof September yearly, or if there be no court in that count, and sell the to- month, then at the next court held for their county, bacco for all lay before the court an account, upon oath, of all transfer receipts that were not by them taken in and received before the time of sale herein before mentioned; and after such account exhibited, and oath made, shall sell the tobacco in such receipts contained, deducting the allowance for shrinkage and wasting, at public auction, at the door of the court-house, between the hours of twelve and two; and the inspectors shall pay the money arising by such sale in satisfaction of their receipts, from time to time, to the proprietors thereof, making their demand, under the same penalty as is inflicted for not paying inspectors receipts. Aiso tobac- And all inspectors shall keep a just and true account co gained by of the tobacco gained or saved upon the allowance for shrink- made for cask and for shrinkage of transfer tobacco, or notes outstanding. allowance age. otherwise; and if any tobacco shall be so gained or saved, shall exhibit au account thereof, and shall also sell the tobacco so gained and saved, in the manner as is directed for the sale of transfer tobacco, and shall account for the money arising by such sale to the treasurer of this state, for the time being, in their next account with him; and the said treasurer shall account for the same to the general assembly; and no inspector shall convert any tobacco so gained to his own use, with the how. XXIII. And be it further enacted, That all inspect- To accoune ors shall, before the tenth day of October in every treasurer year, account with the treasurer of this state, upon upon oath, oath, for all monies received, or which ought to be when ang received, by them by virtue of this act, except the money paid for nails and for their trouble in prizing, or for re-packing damaged tobacco which shall be relanded at their inspection, for every hogshead of transfer tobacco; in which account they shall be allowed their salaries, the rents of the ware-houses, and.al! other necessary disbursements in pursuance of this act. And in order to case the inspectors giving their personal attendance at the treasury, they are hereby required, after stating their accounts with the treasurer, as above directed, to take the following oath, before some one justice of the peace of the county where they officiate, to wit:-"We, A. B. and C. D. do swear, that the account now produced contains an exact state of all the tobacco shipped the preceding year from ware-house, all taxes received or due for the same, also all tobacco gained at the said inspection, by any means whatsoever. So help us God." And the justice of the peace, before whom they are sworn, shall, and he is hereby required, to certify on the said account that they have taken this oath. all tobacco XXIV. And for the more effectual prevention of To retur frauds in shipping uninspected tobacco, and in the not an account regularly entering and reporting at the naval-offices to- annually of baccoes shipped from the ware-houses; Be it further shipped, and enacted, That the several inspectors of tobacco in this the penalty, state shall, annually, at the time of settling their accounts with the treasurer, deliver to him an account, upon oath, of all the tobacco shipped from their respective ware-houses within the year preceding, containing the number of hogsheads or casks sent on board each ship or vessel respectively; and every inspector failing herein, shall forfeit and pay the sum of fifty pounds. And that the several naval-officers shall, on cers on acor before the twenty fifth day of October, annually, re- count of the turn to the said treasurer an account, upon oath, of all tobacco enthe tobacco on board each ship or vessel which shall tered----pen alty. have been cleared out in such naval-officer's district in the preceding year, according to the manifests thereof delivered by the master of such ship or vessel at the time of clearing, distinguishing the number of hogs Naval offi Proceeding where to heads or casks put on board such ship or vessel from each respective ware-house; and every naval-officer failing herein, shall forfeit and pay the sum of one hundred pounds for every failure. And if any justice of the peace shall know, or be informed upon oath, of bacco is a any tobacco pressed or packed, in order to be shipped bout to be off or carried out of this state by water, without being exported by water, unin. inspected, such justice by himself, or any sheriff, or spected. constable, by warrant from such justice, within the limits of his county, shall have power and authority, and is hereby required, to enter any suspected houses, and to break open all doors in the day time, the keys of such doors having been first demanded, and refused to be delivered, to search for the same; and if any to bacco shall be found by such justice, sheriff, or constable, pressed in any hogshead, cask, barrel, or other package whatsoever, such justice, sheriff, or constable, shall seize the same; and the person in whose possession such tobacco shall be found, shall forfeit to the informer five pounds for every hundred weight, and so in proportion for a less quantity, to be recovered, with costs, in any court of record, if it be twenty-five shillings or upwards. And any justice of the peace of any county near the place where any ship or other vessel shall ride, upon information to him made upon oath, by any free man, that there is good cause to suspect any tobacco uninspected, in cask, bulk, or parcels, to be on board such ship or other vessel, shall, and he is hereby empowered and required, to issue his warrant directed to the sheriff or any constable of his county; and the sheriff or constable shall have full power and authority, and he is hereby required to enter and go on board such ship or other vessel, to search for and seize such tobacco, and the same being seized, shall be brought on shore and carried before the same or any other justice, who shall cause the said tobacco to be carried to the nearest wage-house and there inspected, and if passed, restored to the owner in case he shall be innocent of the fraud; but if he shall appear to have been concerned in such fraud, or if no owner shall claim within three months, the said tobacco shall be sold by the inspectors, and the money arising from such sale be paid into the public treasury, and accounted for to the general assembly. And the commanding officer or skipper of any ship or vessel on board which such tobacco is found, shall forfeit to the informer five pounds for every hundred weight, and so in proportion for a less quantity; to be recovered with costs, in any court of record, if it be twenty-five shillings or more. And if any master or commanding officer or skipper of any ship or vessel, or any other person whatsoever, shall resist the officer in the execution of any such warrant, every such master, commanding officer, or skipper, shall forfeit and pay two hundred pounds; and every sailor or other person so resisting, shall forfeit and pay twenty-five pounds.— And if any action shall be brought against any justice of the peace, sheriff, or constable, for doing any thing in execution of this act, the defendant may plead the general issue and give this act in evidence; and if the plaintiff shall be non-suited, or a verdict pass against him, or a judgment on demurrer, the defendant shall recover double costs. XXV. And be it further enacted, That where any Old tobacco tobacco hath remained, or shall hereafter remain, un- to be sold. demanded in a public ware-house two years, after the same hath been or shall be inspected, the inspectors at such ware-house shall advertize in the Virginia Gazette, for three weeks successively, a list of the marks, numbers, and weights of such tobacco, with the names of the persons for whom it was inspected; and if no owner appears to claim the same within three months, they shall at the next court to be held for the county in which such ware-house shall be, after the expiration thereof, and advertizing as aforesaid, deliver to the court the like list, which court is hereby empowered and required to order the same to be publicly sold at the court-house door, on a court day, to the highest bidder; and the money arising from the sale thereof shall be paid by the inspectors to the treasurer of this state for the time being, who shall account for the same, from time to time, to the general assembly.And if any person having a right to any tobacco so sold, shall prove his property therein, the said treasurer shall re-pay to such person the money for which such tobacco was sold. general as XXVI. And be it further enacted, That no person Inspectors taking upon himself the office of inspector, shall, du- ineligible to ring his continuance in that office, or within two years sembly. after he shall be out of his said office, be capable of E 2 VOL. XI. |