How proprietor may be restored to his former eftate.

VIII. PROVIDED alfo, That where any houfes have been, or fhall be built by the juftices or other perfons, as aforefaid, and the firft proprietor of the lar fhall defire to have the fame again, fuch proprietor, upon payment of fo muc money as fhall be fufficient to reimburfe the faid juftices, or other perfon, th principal money expended for the purchase of the land and the building fuch warehoufes, with lawful intereft, deducting the rents received by the faid juftices or other perfön, fhall be restored to his former eftate in the land whereon fuch warehoufes are built, and fhall receive the rents aforefaid growing due for fuch warehouses: Provided aljo, That if any proprietor fo as aforefaid reftorbuild or repair to be re-ed to his eftate, fhall neglect or refufe to build and repair fuch houfes, as the court wefted in the public. fhall think neceffary, the juftices fhall again be feized of the fee fimple estate in fuch land during the time fuch place fhall be made ufe of for a public warehouse, and fuch proprietor fhall not have any benefit of the rents that fhall hereafter become due.

But if he again fails to

Walte or deftruction of

IX. ON complaint being made by the owner or owners of any of the warewarehouses, how to be houfes aforefaid, to any justice of the peace in the county where fuch warehouse punished. fhall lie, against any perfon or perfons, for breaking, tearing, or committing any wafte or deftruction of, or in fuch warehoufe or warehoufes, it fhall be lawful for fuch juftice, and he is hereby empowered and required to give judgment and award execution against the body or eftate of fuch offender, if found guilty, for all damages occafioned by fuch breaking, tearing, or wafte, or deftruction, provided fuch damages do not exceed the fum of five dollars in his opinion; and if fuch damages fhall exceed that fum, then it fhall be lawful for fuch owner or owners to commence and profecute his or their action at law, against any fuch offender, in any court of record within this ftate, in which the plaintiff shall recover cofts, although the damage fhall be under feven dollars.

Scales and weights to be provided.

And tried and repaired twice a year,

Tobacco to be viewed by the infpectors.

Manner of appointing infpe&tors.

X. THERE fhall be kept at every one of the faid warehoufes herein before appointed, and at all others hereafter to be appointed, a good and fufficient pair oficales with weights to weigh fifteen hundred pounds at the leaft, and a fet of fmall weights, the fame that are or ought to be provided for the standard weights of each county; and where fuch icales and weights are not already. provided, or now are or fhall hereafter be worn out, or become unfit for ufe, the juftices of the refpective county courts wherein any of the faid warehouses are or fhall be, are hereby directed and required to provide the fame, with all convenient speed; and the treafurer for the time being is hereby empowered and required to pay the purchafe money out of the public money in his hands arifing from the infpection of tobacco, and moreover the faid juftices are hereby required and directed, twice in every year at least, to appoint one or more of their number to view the faid fcales, and examine and try the weights at the feveral warehoufes by the ftandard weights of the county; and if the faid fcales and weights fhall want repairing, or the weights be found deficient, or differing from the lawful ftandard, the faid juftices fhall caufe the fame to be repaired and mended, and the weights made conformable to the ftandard; and if the juftice or juftices fo appointed, fhall refufe or neglect to do the fame, the juftice or juftices fo refufing, fhall forfeit and pay the fum of one hundred and fifty dollars; and the charge of repairing and mending the faid fcales and weights, and alfo for removing the ftandard to the feveral warehoufes for trying the fame, fhall be paid by the infpectors refpectively, and be again allowed to them in their accounts with the treasurer.

XI. ALL tobacco which shall be brought to any of the public warehouses shall be viewed, infpected and examined by two perfons to be thereunto appointed, who shall be called infpectors, which faid infpectors shall be appointed in the following manner, that is to fay: The courts of the feveral counties within this itate, wherein any of the public warehouses appointed by this act are eftablished, shall, and they are hereby required, once in every year and no oftener, at their refpective county courts held in the months of Auguft or Septemter, to nominate and recommend to the governor for the time being, for fo many offices of infpection as are or shall be in their refpective counties, four fit and able perfons reputed to be skilful in tobacco, for the execution of the office of infpectors; and where two warehouses under one and the fame infpection happen to lie in different counties, in that cafe the court of each county shall nominate and recommend two for fuch infpection, which nomination the faid courts shall caufe to be entered upon record, and the clerks of the faid courts shall, and they are hereby required forthwith to tranfmit a certificate of the fame to the clerk of the council; and out of the faid four perfons nomi

nated and recommended for each infpection, the governor, with advice and confent of council, shall choofe and appoint two to execute the office of inspectors at fuch infpection; and in default of fuch nomination or recommendation by the county courts as aforefaid, the governor, with the like advice and confent, shall appoint fuch perfons as he shall think fit to be infpectors at fuch inspection, for which no nomination or recommendation shall be made as aforefaid, and alfo in cafe of the death, refignation, or removal of any infpector, the governor fhall, and may appoint any perfon named in the last recommendation from the county court, for that infpection where the vacancy fhall happen, to fucceed him until the next nomination and appointment of infpectors; but if either of the perfons named in fuch laft recommendation, will not accept the faid office, in that cafe, the governor, with the advice and confent of the council, may appoint any other perfon they fhall think fit; and befides the two infpectors appointed as aforefaid, the governor, for the time being, with the advice of the council, fhall appoint one of the perfons recom.. mended with fuch infpectors, to be additional infpector at the warehouse for which he shall be recommended; which additional infpector fhall officiate as Additional infpectors fuch, only in cafes of difagreement in opinion of the other infpectors as to the to be appointed. quality of tobacco brought to their infpection, or where either of them shall When to aft. through fickness or otherwise be abfent from his duty, or thall bring his own tobacco to the warehouse whereof he is infpector, to be viewed; and the faid additional infpector fhall be paid for the fervices he shall perform, by occafion of the abfence of either of the other infpectors, cut of the falary of fuch abfentee, in proportion to the time he fhall officiate.

receiver.

XIL IF any infpector fhall hereafter accept, receive or take, directly or No infpector to take a indirectly, any fee, gratuity, fervice or reward whatfoever, of any perfon for reward for refigning. refigning or giving up his office of infpector, he shall not only be forever dif abled from holding the like office, but for fuch offence fall forfeit and pay Penalty on giver and the fun of fix hundred dollars, to be recovered with cofts, by action of debt, in any court of record within this ftate, by any perfon fuing for the fame; and every person offering or paying directly or indirectly, any fee, fervice, gratuity, or reward whatfoever, to any infpector to refign his faid office, fhall for the faid offence be forever difabled from holding the office of inspector within this ftate.

XIII. PROVIDED always, That no juftice of the peace recommended to No juftice of the peace be an inspector, fhall be allowed to vote in nomination and recommendation recommended as an inof perfons to be inspectors as aforefaid, and where any perfon once recom- commendation fpector, to vote in re mended as aforefaid, and executing the office of inspector in pursuance of Infpector in office, refuch recommendation, fhall be again recommended the fucceeding year, the commended, to conti same shall be a fufficient appointment to him to continue in the faid office for nue without new comhanother year, without any new commiffion, and fo from year to year, fo long miffion, but shall an as he shall be fo recommended as aforefaid. Provided nevertheless, that each nually renew his bond inspector fhall annually renew his bond, and give fecurity for the faithful dif- for the due discharge of his duty. charge of his duty.

XIV. EVERY perfon appointed, or to be appointed infpector by virtue Inspectors to give bond of this act, fhall before he enters upon the execution of the faid office, enter in- with fecurity and take to bond with good fecurity in the penalty of four thousand dollars, payable to an oath. the governor for the time being, and his fucceffors, with condition for the true and faithful performance of his duty, according to the directions of this act, which bond thall be recorded in the county, and tranfmitted by the clerk of the court to the treasurer, under the penalty of three hundred dollars, who shall move for judgment against every inspector failing to discharge the fame within two months after failure, under the penalty of three hundred dollars; and every fuch infpector fhall alfo take the following bath, at the time he gives bond, that is to fay:

You shall wear that you will diligently and carefully view and examine all to-. The oathe
bacco brought to the public warehouse or warehouses where you are appointed
inspector, and that not jeparately and apart from your fellow, but in his prefence &
and that you will not receive or pass any tobacco that is not in your judgment,
found, well conditioned, merchantable, and clear of trafh, nor receive, pafs or famp,
any tobacco bogfheads or cafks of tobacco contrary to the true intent and meaning.
of that, nor refufe any tobacco that in your judgment is found, well conditioned,
merchantable, and clear of trash, and that you will not change, alter, or give out
any tobacco, other than juch bogfheads or cafks, for which the receipt to be taken,
Kk

Fenalty for acting without qualifying. Time inspectors are to

attend?

was given, but that you will in all things well and faithfully difcbarge your duty in the office of infpector, according to the best of your skill and judgment, and according to the directions of this act, without fear, favor, affection, malice, or partiality. So help you GOD.

Which oath fhall be taken before the governor of this state for the time being, before the district court, or in the court of the county wherein fuch infpector fhall refide, or the warehoufes at which he fhall be appointed infpector fhall ftand; but before any infpector fhall enter upon the execution of his office, he fhall produce a certificate, if fworn before the governor or district court, (as the cafe may be) of his having taken fuch oath, which certificate fhall be lodged with the clerk of the county where fuch infpector fhall be; and if any perfon fhall prefume to execute the office of infpector before he fhall have given fuch bond, and taken fuch oath as aforesaid, he shall forfeit and pay two thoufand dollars.

XV. ALL infpectors to be appointed by virtue of this act, fhall conftantly attend their duty at the warehoufe or warehouses under their charge, from the first day of October, to the tenth day of Auguft, yearly, except Sundays, and the holy days obferved at Christmas, Eafter, and Whitfuntide, or when hindered by sickness; and afterwards they or one of them shall conftantly attend at the fame, except on Sundays, to deliver out tobacco for exportation, until all the tobacco remaining there the faid tenth day of August shall be delivered: But no infpector fhall be obliged to view any tobacco between the faid tenth day of Auguft, and the first day of October, except fuch as remained in the warehoufe on the faid tenth day of August; and every infpector neglecting to atPenalty for not attend- tend as aforesaid, fhall forfeit and pay to the party grieved, one dollar for every ing,

Tobacco to be entered as brought in and view.

ed in due turn.

Each hogfhead to be uncafed and viewed, & if found good, ftamped, and receipt given.

neglect, or shall be liable to an action upon the cafe, at the fuit of the party grieved, to recover all fuch damages as he or they fhall have fuflained by occafion of any fuch neglect, together with his or their full cofts, at the election of fuch party.

XVI. AND that all perfons having tobacco at the public warehouses, may have equal justice, the inspectors fhall enter in a book to be kept for that purpofe, the marks and owners' names of all tobacco brought to their respective warehouses for inspection as the fame fhall be brought in, and fhall view and infpect the fame in due turn as it fhall be entered in fuch book, without favor or partiality; and fhall uncafe and break every hogshead or cafk of tobacco brought them to be infpected as aforefaid; and if they thall agree that the fame is good, found, well conditioned, merchantable, and clear of trash, then fuch tobacco fhall be weighed in fcales with weights of the lawful ftandard, and the hog head or cafk fhall be ftamped in the prefence of the faid infpectors, or one of them, with the name of the warehoufe at which infpected, and also the tare of the hogfhead or cafk, and quantity of nett tobacco therein contained; and the inspectors at fuch warehouses fhall iffue a receipt for each hogfhead of tobacco they shall pafs, if required by the owner; which receipt shall be in the form following, to wit:

Received of

hogsheads

of crop tobacco, marks, numbers,

weights, & fpecies

Oronoko.jas per margia; to
be delivered by us
to the faid
for his order, for
exportation, when
demanded. Wit-
Inefs our hands.

Marks. No. Grofs. Tare. Nett. Grofs. Tare. Nett. Grofs. Tare. Nett.

Which is to be printed, And no infpector or infpectors, shall under any pretence whatfoever, iffue a receipt for any tobacco other than fuch as shall be printed, in which the date shall be inferted at full length. And if any infpector or infpectors, shall prefume to iffue a receipt in any other manner than is hereby expreffed, he or they, for every fuch offence, shall forfeit and pay the fum of three hundred dollars; to be recovered with cofts, by any perfon who may fue for the fame, in any court of record within this ftate: Which receipts as aforefaid, shall be furWhere the infpectors nished by the public printer, and at the public expente: But if the faid two difagree concerning the infpectors shall at any time difagree concerning the quality of any tobacco

brought for their infpection to any warehouse under their charge, they shall as quality of tobaccof foon as conveniently may be, call in the additional infpector appointed to atzend fuch warehoufe, who shall determine and pafs or reject fuch tobacco; and if he shall pass the fame, his name shall be entered in a book kept by the infpectors, oppofite the mark, number and weight of the hogshead by him paffed, together with the name of the infpector at fuch warehouse who shall offi

ciate with him. And the infpectors at each of the warehouses eftablished by What hands the in this act, shall conftantly keep fo many able hands at their refpective warehou- spectors fhail 'kop. fes as the courts of the feveral counties wherein they lie, shall from time to time judge neceffary, and direct, for the purpofe of taking care of all tobacco brought to fuch warehouse, and ftowing it away after the fame shall be infpect

ed and ftamped. And no infpector shall by himself, his fervant, or any other Jofpectors or their ferperfon, either directly or indirectly, be concerned in picking any refused to- wants not to be conbacco, unless it be his own property, on any pretence whatfoever, under the pe- cerned in picking tonalty of being forever thereafter difabled from holding the office of infpector. bacco.

fhall do it.

XVII. WHEN any tobacco shall be refufed by the infpectors, the proprie- Owner may pick re tor thereof shall be at liberty to feparate the good from the bad, but if he re- lufed tobacco, but if he fufes or neglects fo to do within two months of fuch refufal, the infpectors shall refufes, the pickere direct one or more of the pickers attending the warehouse, to pick and feparate fuch refused tobacco, and give the owner credit for fo much thereof as snall be found merchantable, after paying the pickers one twelfth part of the quantity faved; and the infpectors shall caufe the tobacco which shall by them be judged unfit to pafs, to be burned in the brick funnel, erected, or to be erected at fuch warehoufe, under the penalty of feven dollars for every failure, to the informer; recoverable with coits, before any juftice of the county wherein fuch warehoufe shall be. Provided always, That any picker refufing to pick and Penalty on picker sefeparate refufed tobacco, when directed by an infpector, shall forfeit and pay fufing to pick tobacco. five dollars, to the ufe of the owner of fuch tobacco; recoverable with cotts, before any juftice of the county or corporation.

XVIII THE courts of the feveral counties wherein any of the public Pickers how to be ap warehouses appointed by this act are established, shall, and they are hereby re- pointed. quired to nominate and appoint from time to time, fuch and fo many perfons as to them shall feem neceffary, who are willing to undertake the fame, to attend the feveral warehoufes within this fate, to turn up, fort, feparate and pick fuch tobacco as fhall be refufed by the infpectors. And every perfon fo appointed a picker, fhall make oath before the court at the time of his appointment, or

at the next fucceeding court, that he will carefully and diligently, without fraud Their oath.
or embezzlement, fort and feparate all fuch tobacco, as fhall be refused by the
infpectors, and the owner or proprietor thereof, or the infpectors, fhall employ
him to pick; and every picker of tobacco thall be allowed to demand and re-
ceive from the refpective proprietors, twenty-one cents per hoghead for open- Allowance.
ing, and one twelfth part of all the tobacco faved out of any refuled hogfhead
by him picked, for his fervices in opening, forting, and picking the fame, and

no more. And no picker of tobacco fhall keep or employ any negro or mulatto Duty,
flave at any public warehoufe, on any pretence whatever; nor hall any picker
prefume to hinder any person who may choofe to open their own tobacco, or to
pick what may be refufed by the infpectors, from the free ufe of the picking-

houfe and prize, for the conveniency of picking or prizing the fame. And if How punished for mil any picker fhall mifhehave himfelf in his faid office, it fhall and may be lawful behaviour.

for the court of the county where fuch picker fhall be appointed, on complaint and motion to them made, to remove fuch picker from his faid office, and to appoint another perfon to act in his room, if to them it fall feem neceffary; and every picker fo removed, fhall for ever after be rendered incapable of ferving as picker at any public warehoufe; Provided fuch picker hath ten days previous notice of fuch motion; and any person who fhall be aggrieved by any fuch mifbehaviour in a picker, may make complaint thereof to any justice of the peace, who is hereby empowered and directed to take depofitions therein, provided fuch picker have notice thereof, and to tranfmit the fame to the next court to be held for the county, where the offence shall be committed,

to be there given in evidence on the examination into fuch misbehaviour. And Penalty for picking it any perfon not being appointed and fworn as aforefaid, thall prefume to without being to apundertake the opening, forting, picking, or feparating any fuch tobacco for pointed, except by the hire or reward, every perfon to offending fhall forfeit and pay four dollars for Proprietor, his hands, every fuch offence; to be recovered by the informer, to his own ufe, before any iuftice of the peace. Provided, That any proprietor of tobacco, who may hoofe to open, pick and prize his own tobacco, may employ his own (ervants,

or others.

Pickers not to prize up their tobacco faved by picking.

Overfeers liable for to bacco refused & burnt

Penalty on infpector for being concerned

with a picker as a parttier or receiving any thing from him.

On a picker for the fame, or for receiving more than the legal fee.

Form of transfer receipts.

Their date and curren

Allowance for cafk.

or flaves, or any other perfon or perfons, other than the hands kept by the infpectors, to affill him in opening, picking, or prizing the fame, and the perfon or perfons fo employed, thall not incur or be fubject to the last mentioned, or any other penalty or forfeiture for fo doing, and the infpectors fhall iffue receipts for all tobacco faved by picking, to the proprietars only of fuch tobacco, and not to the pickers of the fame. And the infpectors fhall not fuffer or permit any picker to prize up any tobacco that he fhall have faved by picking, for his own ufe. And if any tobacco picked in any hoghead or calk by an overfeer, or the hands under his care, fhall be burnt by the infpectors, by reafon of its being bad, unfound, or not in good condition, the overfeer, who had the care of making and packing the fame, fhall be at the lofs of the tobacco fo burnt, and make fatisfaction for the fame out of his fhare of the crop, or otherwise; and the infpectors thall be obliged to keep an account of all tobacco fo burnt. XIX. IF any infpector of tobacco shall in any manner be concerned as a partner with, or receive from any picker of tobacco, money or any gratuity, every infpector herein offending, on canviction, before any court of record, shall forfeit and pay two thousand dollars to the profecutor, to be recovered by action of debt with costs; and shall moreover be rendered incapable of ferving as an inspector, Every picker who shall be concerned as above with an infpector, or who shall demand, take or receive any greater fee or reward for his fervices, other than by law allowed, shall forfeit and pay, on conviction, to the perfon profecuting, three hundred dollars, to be recovered in like manner, and shall for ever after be incapable of acting in any character at a public warehouse.

XX. WHERE any tobacco shall be brought to any of the faid warehoufes for the difcharge of any public or private debt or contract, the faid infpectors, or one of them, after they have viewed, examined and weighed the faid tobacco, according to the directions of this act, shall be obliged to deliver to the perfon bringing the fame, as many receipts under the hands of the faid infpectors as shall be required for the full quantity of tobacco received by them, in which shall be expreffed whether the tobacco fo received, be fweet fcented, or Oronoko, itemmed or leaf; which receipt shall be in the form following, to wit:

RIVER, No. warehoufe, the

17

day of
pounds of transfer to-

RECEIVED of
bacco, to be delivered on demand to him, or to his order, according to the di
rections of the act, intituled, " An act for mending the staple of tobacco, and
preventing fraud." Witnefs our hands.

And shail bear date the day the tobacco for which the fame is given shall be received and paffed, and shall be current in all tobacco payments, according to the fpecies expreffed in the receipt, within the county wherein fuch inspectors shall officiate, and in any other county next adjacent thereto, and not feparate therefrom by any of the great rivers or bay herein after mentioned, that is to fay: James river below the mouth of Appamattox York below Weft point Rappal annock below Taliaferro's Mount; or by the bay of Chesapeake; and shall be transferrable from one to another in all fuch payments, except as herein is excepted, and shall be paid and fatisfied by the infpector or infpectors who figned the fame, upon demand. And for every hogshead of tobacco brought to any public warehouse and transferred, there shall be allowed by the infpectors thereof to the perfon bringing the fame, after the rate of four pounds of tobacco for every hundred pounds of tobacco the faid hogshead shall contain, for the cafk, fo as fuch allowance do not exceed thirty pounds of tobacco, provided the cafk or hogshead is good, and of fuch dimenfions as is herein after exprefsed; and the faid infpectors shall, and they are hereby obliged to make every hogshead by them paid away in difcharge of any receipt by them given as aforefaid, to contain one thousand pounds of nett tobacco at the leaft; and for every hogshead of tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the perfon shipping fuch hogshead, one dollar for inspection, and fifty eight cents for prizing, and nails; which faid fum of fiftyeight cents, the infpectors may retain in their hands for their own ufe, to reimburfe them the expense and trouble of providing nails and prizing. And the perfon demanding or receiving tobacco in difenarge of receipts as aforefaid, shall allow to the inspectors thirty pounds of tobacco for each hogshead fo reAllowance for caft and ceived, for the cafs, and two pounds of tobacco for every hundred pounds of Brinkage. tobacco contained in fuch receints, and fo in proportion for a greater or leifer

Weight of tobacco

prized in discharge of receipts.

One dollar for infpection, and fifty-eight cents for prizing and

nails.

ร