reward.

and the other paiments and allowances herein before mentioned and expressed: And if any inspector shall Penalty for take, accept, or receive, any such gratuity, fee, or re- taking any ward, every such inspector, being thereof convicted, shall forfeit and pay fifty pounds current money: To be recovered, with costs, by any person or persons, who shall inform, or sue for the same, by action of debt, bill, plaint, or information, in any court of record within this dominion: And moreover shall be disabled from holding the place or office of an inspector, during the continuance of this act. And if any person or persons shall offer any bribe, reward, or gratuity, to any inspector, for any thing by him to be done, in pursuance of this act, other than the fees and allowances herein before directed and appointed, every person so offending, and being thereof convicted, shall for every such offence, forfeit and pay the sum of ten pounds current money: To be recovered in any court of record within this dominion: One half of which said forfeitures shall be to our sovereign lord the king, to and for the use of such inspector, refusing such bribe or reward; and the other half to the person or persons, who will inform, or sue for the same.

XXXVIII. And, to prevent any suspicion of the said No inspector inspectors taking to themselves the best of the tobacco to trade. that may be brought to the said warehouses, at which they officiate, no inspector, during the time of his being such, shall, directly or indirectly, for himself, or any other person, buy, or receive, by way of barter, loan, or exchange, any tobacco whatsoever, under the penalty of forfeiting twenty pounds for each hogshead, cask, or case of tobacco, so bought, or received.

XXXIX. Provided always, That nothing herein May collect contained, shall be construed to prohibit any inspector his own from receiving his own proper debts, or rents in tobac- debts. co, which shall be first viewed, examined, and stamp'd, at any warehouse under his inspection.

tobacco.

XL. And be it further enacted, by the authority aforesaid, That if any inspector shall stamp any hogshead, Penalty for case, or cask of tobacco, which shall be found to contain passing bad any bad or unsound tobacco,or trash,or not well packed, every inspector, so stamping such hogshead, case, or cask of tobacco, shall forfeit and pay, for every hogs

When to open tobacco.

If refused.

head, case, or cask of tobacco so stamp'd, the sum of (a) ten pounds of lawful money: Which said penalty shall and may be recovered, with costs, against the said inspectors who stamp'd such hogshead, case, or cask of tobacco, by action of debt, bill, plaint, or information, by him, her, or them, who will inform and sue for the same, wherein no essoin, protection, privilege, or wager of law, shall be allowed: And the court, where such suit shall be depending, shall and may proceed therein, without regard to the form or manner of the proceedings, so as sufficient substance be set forth, for such court to proceed to judgment.

XLI. And when any person shall be entitled to receive a hogshead of tobacco, on any inspectors notes, they shall be obliged to open the hogshead, and shew such tobacco to the person demanding the same, if required. And if such person shall refuse to accept of the tobacco so offered, or tendred in paiment, by an inspector, as bad, unsound, or unmerchantable, such person so refusing, or not accepting thereof, shall make immediate application to any three justices, near or nearest to the warehouses, at which the tobacco, so refused, shall be offered, or tendred in paiment, who are no way related to the parties, nor concerned in interest. And the said justices shall take an oath, before some other justice of the peace of the said county, (which oath, such justice is hereby impowered and required to administer,) carefully to view and examine the said tobacco; and to the best of their skill'and judgment, not to pass any tobacco that is not sound, well conditioned, and merchantable, according to the directions of this act, and clear of trash, sand, and dirt; and that they will therein do their duty, according to their judgment and conscience, without favour, affection, partiality, or other by-respects: which said three justices so sworn, are hereby directed, impowered, and required, upon such application, to repair to the said warehouse, whereat such tobacco shall be tendred or offered in paiment; and carefully to view and examine

Note to Edition 1733.

(a) This clause. which inflicts a penalty of 101. per hogshead on the inspectors, for stamping bad tobacco, is repeal'd; it being judg'd, that the inspector's oath, and the loss of the tobacco, if condemn'd, are sufficient restraints on them, Vid. Anno 1732, ch. 9, sec. 9.

the same, in such manner as they shall think fit. And if any two of them shall adjudge the tobacco so tendred, or offered in paiment, to be bad, unsound, and unmerchantable, according to the directions of this act, to cause the same to be immediately burnt, and to take wood for that purpose. And for their trouble, the said three justices, who shall be present at such view, shall be paid by the inspector or inspectors, who offered, or tendred the same in paiment, five shillings each.— And if the said justices, or any two of them, shall adjudge the tobacco so tendred or offered in paiment, to be good, sound and merchantable, according to the directions of this act, the said justices so attending, shall be paid, by the party desiring such view, five shillings as aforesaid. And when any tobacco shall be tendred or offered in paiment by an inspector, and refused, the said inspectors, or any of them, shall not be at liberty to tender or offer in paiment, nor the person demanding the same, to receive, any tobacco, in lieu thereof, before such tobacco shall have been viewed, as aforesaid; but the person refusing, shall immediately mark the same. And if any inspector shall offer or tender in paiment, any tobacco, in lieu of the tobacco so refused, before the same shall have been viewed, as aforesaid; or shall not produce the same tobacco so refused, to the said justices; in either case, it shall be taken for a conviction, that the tobacco so tendered, or changed, is bad, unsound, or unmerchantable: And every such inspector shall be liable to the penalties herein before mentioned, for stamping bad, unsound, or trash tobacco.

XLII. And be it further enacted, by the authority a- Forging and foresaid, That if any person whatsoever, shall forge or counterfeitcounterfeit the note, receipt, or stamp, of any inspect- ing tobacco or, or tender in paiment any such forged or counter- notes. feited note, knowing it to be such; or export, or cause to be exported, any hogshead, cask, case, box, chest, or other package of tobacco, stamp'd with a counterfeit or forged stamp; or demand tobacco of any inspector, upon any such forged or counterfeit note or receipt, knowing the note or receipt so tendred, or whereupon the tobacco shall be demanded, or the stamp upon such hogshead, cask, case, box, chest, or other package, to be forged or counterfeit; or shall put or pack into any hogshead, cask, or case of tobacco, K 2-Vol. 5.

Warehouses

stamp'd by any inspector, any tobacco whatsoever; or shall draw, or take out any stave, plank, or headingboard of any hogshead, cask or case of tobacco, stamp'd as aforesaid, and fix the same in any other hogshead, cask, or case of tobacco, after such hogshead, cask, or case shall be delivered out, at the said public 'warehouse, every person so offending, being thereof convicted by due course of law, shall be adjudged a felon, and shall suffer as in case of felony.

XLIII. And for settling the number of public wareestablished. houses, and appointing the places where the same shall be kept, pursuant to this act, Be it enacted and declared, That a public warehouse or warehouses shall be kept, and the same are hereby appointed to be kept at the following places, to wit:

For the counties of Goochland, and Henrico; at Warwick, upon Howlet's land; and Shockoe's upon Col. Byrd's land, under one inspection.

At Bermuda Hundred, upon William Eppes's lots; and Turkey Island, upon Col. Randolph's land, in Henrico county, another inspection.

In Prince George; at Appamatox Point, upon Col. Bolling's land; on Col. Robert Mumford's land; and Powel's Creek, upon Mr. Bland's land, under one inspection.

At Cabbin Point, in Surry; and Merchants Brandon, in Prince George County, under one inspection. At Gray's Creek, in Surry, where the Agents houses were, and Warricksqueak Bay, in Isle of Wight County, under one inspection.

At Swineherd's and Mr. John Soan's, in Charles City County, under one inspection.

At Waynwright's Landing, Isle of Wight; and Laurence's, in Nansemond County, under one inspection. At the widow Constance's, at Sleepy-Hole Point, in Nansemond County, under one inspection.

At Norfolk Town, upon the fort land, in the County of Norfolk; and Kemp's Landing, in Princess Anne, under one inspection.

At Hampton, in Elizabeth City, upon Mr. Miles's lot, at Warwick Town, in the County of Warwick, upon Mr. Gough's lots; and fat Charles river, Roe's storehouse, in the County of York, under one inspection.

At Hog-Neck, in James City County; and at Taskanask, in New Kent, upon William Morris's land;

and the Colledge, and Capitol landings, upon Mr. Holloway's land, under one inspection.

At the town of York, where the agents house was; and at Gloucester town, upon capt. Hannar's land, under one inspection.

At Deacon's Neck, and Poropotank, in Gloucester County, where the agents house was, under one inspection.

At Crutchfield's, upon Col. Page's land; and Mr. David Merriwether's in Hanover County, under one inspection.

At Todd's, in King and Queen; and Aylett's warehouse, in King William County, under one inspection. At John Quarle's in King William; and at Mantapike, and Shepherd's in King and Queen County, under one inspection.

At Chamberlain's in New Kent; and Williams's ferry, in King William, under one inspection.

At Urbanna, where the agents house was; and major Kemp's, in Middlesex County, under one inspection. At Hobb's Hole, upon the land of James Griffin; and at Bowler's ferry, upon Adams's land, in Essex, under one inspection.

At Naylor's Hole, upon William Fantleroy's land, where his prise-houses now are; and the mouth of Totaskey, at Newman Brokenborough's landing, in Richmond County; both under one inspection.

At Layton's, in!Essex; upon Maddox Creek, at Martin's, in Westmoreland; and Bray's Church, in King George County, under one inspection.

At Falmouth, upon Mr. Todd's lots in King George; and at Fredericksburg, upon Mr. Francis Willis's lots, in Spotsylvania County, under one inspection.

At William Glascock's landing, in Richmond; and at the Rolling House, upon Deep Creek, in Lancaster County, under one inspection.

At Corotoman, at Queen's Town, where the agents houses were; and on the land where the widow Ďavis lives, in Lancaster; and the Indian Creek, at the warehouses, in Northumberland County, under one inspection.

At Wiccocomico, at Robert Jones's; and at Coan, at the warehouses in Northumberland, under one inspection.

At Nominy, upon Patrick Spence's land; and Yeo