Drawbacks, rules con cerning.

XXX. Be it enacted, That draw-backs shall be allowed after the first day of February next, under the limitations and restrictions herein after mentioned:-That no draw-backs shall be allowed for any merchandise liable to duty exported out of the state, unless exported within sixty days after importation thereof by the original importer, and by water, and unless exported in the original cask or package in which they were imported unbroken, and in vessels belonging to a citizen or citizens of the United States, or in the vessel in which they were originally imported; and such importer desiring to export such merchandise, shall deliver to the naval officer of the port from whence the same is intended to be exported, at the time of obtaining a permit to lade such merchandise on board any vessel, a fair manifest, containing the marks and numbers of the pipes, hogsheads, trunks, casks, bales, packages, or other things containing any such dutiable merchandise, and a full and particular list of all the articles thereof, with the cost, according to the account by which the duties thereon were ascertained, and shall make oath or affirmation, to be endorsed on such manifest, containing also a description of the vessel in which they were imported, and the time of importation, and that it is a true manifest of all the dutiable merchandise intended to be re-exported in the vessel mentioned in the permit, and that the merchandise mentioned in such manifest were duly entered, and the duties thereon paid or secured to be paid according to law; which manifest shall be transmitted by the naval officer to the auditor of public accounts; and such importer shall also give bond with sufficient security, that the said merchandize shall be exported out of the state without fraud or deceit; which bond shall be transmitted to the solicitor by such naval officer: And the master or skipper of the vessel receiving such merchandise, shall take a clearance thereof, and make oath or affirmation to the manifest thereof, that he will not land or permit to be landed, such merchandise in any part of this state, but will deliver the same (dangers of navigation only excepted) at the place inentioned in the clearance; and if such exporter shall within six months after the date of such bond, produce a certificate from a naval officer, notary public, or chief magistrate of any other state or country, that

such merchandise was duly entered in such state or country, or shall make it appear within six months from the time such goods may be shipped, by indifferent testimony, to the satisfaction of any two judges of the court of admiralty in or out of session, that the vessel in which such goods, wares, and merchandise, may have been exported, and the cargo shall have been lost by tempest, or other accident, in such cases, the exporter shall be entitled to receive from the treasury, the duties which shall have been paid on such re-exported goods, wares, or merchandise, or to have the bond securing such duties cancelled, where such bond shall not have been paid. Provided, That no draw-back shall be allowed unless demanded within three months from the time of the re-exportation of any such goods, wares, or merchandise, except where the cargo shall have been lost by tempest or other accident, nor on any sum less than the value of fifty pounds, nor until a permit to lade such merchandise on board any ship or vessel, shall have been first had and obtained from the naval officer of the port from whence the same is intended to be exported.

XXXI. And provided also, That no draw-backs Proviso, as to shall be allowed, except for goods which shall have draw-backs been actually landed, and afterwards re-shipped for exportation, and unless the manifest thereof specifying the casks, packages, and parcels, with the marks and numbers of the same, and the vessel in which they were imported, shall have been certified by the searcher to the naval officer, before any permit for the exportation of the same shall be granted.

towmack.

XXXII. And be it further enacted, That the keepers Duty of keepof the several ferries established by law, over the river ers of ferries Potowmack, shall, on or before the first day of June over the Po. next, enter into bond with good and sufficient securities, in the penalty of fifty pounds, with the courts of the respective counties in which the said ferries are kept, payable to the governor for the time being, conditioned, that they will examine all waggons and carts going from this commonwealth over the said river at the respective ferries, which they are hereby authorised to do, and will not suffer any waggon or cart, loaded wholly or in part with tobacco, to pass the said ferries, or tobacco to be carried over the said ferries in any other manner whatsoever, unless the person carrying

Naval officer

in Northamp

ton where to

keep his of

fice.

such tobacco, or driving such waggon or cart, shall produce a certificate to the ferry keeper from the inspector of some warehouse within this commonwealth, specifying the marks and weights of such tobacco, and that the duties imposed thereon had been paid according to law. No person shall carry tobacco over the said river in any other manner than in hogsheads of the legal size, under the pain of forfeiting five pounds for every such offence, to the use of the informer, to be recovered by information in any court of record with costs. If any ferry keeper carry or permit to be carried over the said river, any tobacco contrary to the true intent and meaning of this act, it shall be deemed a forfeiture of his bond, and the attorney for the commonwealth in the county in which such ferry keeper resides, shall thereupon move for judgment for the penalty of the said ferry keeper's bond, giving ten days previous notice of such motion, and the court shall grant judgment, and award execution in the same manner as against the collectors of the public taxes; and the sheriff of such county shall account to the clerk of the county for the proceeds of such execution; one moiety of which the clerk is hereby required to pay into the treasury in the same manner as other public monies, and the other moiety to the informer. Any person attempting to carry tobacco over the said river at any other place, without a certificate as aforesaid, shall forfeit five pounds for every such offence, to be recovered by information in any court of record, with costs, and applied, one moiety to the use of the informer, and the other moiety to the use of the county where such attempt shall be made, towards lessening the county levy.

XXXIII. And be it further enacted, That the naval office in Northampton county, shall, from and after the passing of this act, be kept at the court house of the said county.

XXXIV. And be it further enacted, That all forfeiPenalties ap- tures by this act to the use of the commonwealth, shall propriated. be appropriated in the first instance to the salaries of the naval officers and searchers; and thereafter to the contingencies of government.

XXXV. And be it enacted, That this act shall commence and be in force on the twentieth day of January,

one thousand seven hundred and eighty seven, and not

sooner.

XXXVI. So much of all and every act or acts, as comes within the purview of this act, shall be, and is hereby repealed.

CHAP. XLI.

An act for placing the naval officers on the civil list.

1. WHEREAS the profits arising to the naval officers, are much larger in many instances than the legislature Preamble. expected at the time the officers were appointed, and it being expedient to give every aid to the public revenue, where the same can be attained with justice, and without increasing the burthens of the good citizens of this commonwealth:

II. Be it therefore enacted by the General Assembly, Naval officers That from and after the twentieth day of January, one placed on the thousand seven hundred and eighty seven, the several civil list. naval officers, in lieu of their former commissions and fees, shall have and receive the following salaries annually that is to say: The naval officer for Elizabeth river district, three hundred pounds; the naval officer for James river district, two hundred pounds; the naval officer for York river district, one hundred and fifty pounds; the naval officer for Rappahannock district, two hundred pounds; the naval officer for Potowmack district, two hundred and fifty pounds; the naval officer for Accomack district, fifty pounds; and the naval officer for Northampton district, fifty pounds; to be paid quarterly, and in like manner as the salaries of other officers of civil government: And moreover there shall hereafter be paid and allowed to each of the said naval officers a commission of one per cent. on all monies by them respectively received and paid into the treasury, by virtue of their office, and also a commission of three fourths of one per cent, on the amount of all bonds for duties by them taken And whereas great inconveni

Vessels may clear out at Norfolk or Hampton.

Naval officers to reside

where office kept.

ences arise by vessels being allowed to run up James river, without making entry before they get to Bermuda hundred: For remedy whereof,

III. Be it enacted, That the master or commander of all vessels coming from sea, or Maryland,' into Hampton road, shall be at liberty to enter and clear such vessels with the naval officer either at Hampton or Norfolk; any law to the contrary, notwithstanding.

IV. And be it further enacted, That each naval officer shall reside at the port or place where his office is kept, shall attend to the duty of his saidļoffice, and shall not directly or indirectly be concerned in trade.

Foreign ves sels restrict ed to certain

ports.

Ports of en

ance.

CHAP. XLII.

An act to amend the act, intituled An act to restrict foreign vessels to certain ports within this commonwealth.

1. FOR the better securing the revenue, arising from duties on imports and exports, whereby the burthen of taxes upon the people may not be encreased, and for regulating the trade of this commonwealth, whereby foreigners may be placed on a more equal footing, and the increase of seamen in this state be promoted by a due attention to internal navigation, for the extension of the commerce thereof;

II. Be it enacted, That from and after the first day try and clear. of April next, the following places shall be, and the same are hereby established as ports of entrance and clearance for all ships and other vessels coming from or going to any port or place without this commonwealth, that is to say: For the district of Elizabeth river, the port of Norfolk, for the district of James river, the port of Hampton; for the district of York river, the port of York; for the district of Rappahannock river, the port of Urbanna; for the district of South Potowmack, for all vessels coming from or going to sea, any part of the