to the use of the person suing therefor. All hedges and Hedges aud other stops to the navigation of the said river, within stops to be removed, unthe limits aforesaid, made or placed therein (mill-dams der a penalty excepted) shall be removed and destroyed by the person or persons who made or placed the same; and that in future, no hedge or stop in any wise obstructing the course or passage of the said river, shall be placed or set therein. And if any person shall presume to make and place, or cause to be made and placed, any artificial obstruction in the said river, within the limits aforesaid, in any manner tending to impede the navigation thereof, it shall be lawful for any person to pull up and destroy the same, and the party shall moreover forfeit and pay the sum of five pounds for every twentyfour hours such artificial obstruction shall remain therein; to be recovered, with costs, by action of debt, or information, in any court of record, one moiety to the use of the person who will sue for the same, and the other moiety to be applied towards clearing and improving the navigation of the said river.

CHAP. XX.

An act establishing inspections of tobacco at Crow's ferry, in the county of Botetourt, and on the lands of Thomas Cresap, in the county of Hampshire, and for other purposes.

I. WHEREAS it hath been represented to this present general assembly, that it would be of great utility and a public convenience, to establish warehouses for the reception and inspection of tobacco at Crow's ferry, on James river, and at the confluence of the North and South branches of Potowmack, in the forks of the said river, on the lands of Thomas Cresap, in the county of Hampshire, the proprietors whereof are willing to build the same at their own expence:

Inspections

II. Be it therefore enacted; That an inspection of to- of tobacco esbacco shall be, and the same is hereby established; on tablished at

and on lands

Crow's ferry, the lands of William Crow, in the county of Botetourt, in Botetourt, to be called and known by the name of Crow's ware of Thomas house; and on the land of Thomas Cresap, at the conCresap, in fluence of the North and South branches of Potowmack, Hampshire. in the county of Hampshire, to be called and known by the name of Cresap's warehouse: That the inspectors at the said warehouses, upon the delivery of their notes, or an order where notes have not been issued, shall deliver the tobacco for transportation, with a printed manifest descriptive of the owner's name, the name of the skipper of the batteau or canoes if transported by water, or if waggoned, the name of the waggoner, to what warehouse or port the same is destined, and to whom to be delivered; the said manifest shall moreover express the marks, numbers, and weights of the tobacco, and each hogshead shall be stamped with the name of the warehouse at which it was inspected; which manifest shall by the skipper or waggoner (as the case may be) if the tobacco is intended to be sent to any warehouse heretofore established, be delivered to the inspectors thereof, who are hereby required to receive the same and grant a receipt therefor, and enter such tobacco in a separate book to be by them provided and kept for that purpose, and on the receipt aforesaid being presented, shall deliver the said tobacco, with the manifests, for exportation, when required, and may demand for all such tobacco the same warehouse rent as for other tobacco by them inspected, and the sum of one shilling for each hogshead, to the use of the inspectors for their trouble in receiving and delivering the same. Provided always, That nothing in this act contained shall be construed to prevent any owner of tobacco passed at the said inspections, who has previously paid the legal duties, from exporting, selling, or storing the same in any private warehouse, without being obliged to store the same in any warehouse heretofore established. And to prevent fraud where the owner of the tobacco inspected at either of the said warehouses may incline to export the same by land to any of the United States,

III. Be it enacted, That the owner thereof, previous to the delivery of the tobacco, shall procure a duplicate of the manifest, with a certificate from the inspectors that the duties imposed by law on such tobacco have been paid; which certificate, with all others grant

ed in similar cases, shall be lodged with the clerk of the court of that county where the tobacco was inspected, to be by him transmitted to the auditors of public accounts, on or before the twenty-fifth day of October annually, to be by them compared with the inspectors accounts. And in case the owner of the tobacco shall suspect any fraud to have been practised or used by any skipper or waggoner in the transportation thereof from either of the said warehouses, it shall be lawful for the inspectors at any warehouse to which the same may be brought, and they are hereby required, at the request of such owner, to re-inspect and weigh the same, and if found to be damaged or embezzled, the inspectors shall not enter the same in their books, but it shall remain subject to the directions of the owner, in like manner as other damaged tobacco.

IV. And be it further enacted, That the appointment of inspectors, and all other regulations appertaining to the said warehouses, shall be the same as is provided for by law for other inspections, so far as the same do not contravene this act. All tobacco inspected at either of the said warehouses, shall be subject to the same duties and imposts, and be collected and accounted for by the inspectors in the same manner and under the like penalties, as are directed and prescribed for other warehouses heretofore established. And the inspectors at each of the said warehouses, may demand and receive for each hogshead by them inspected, the sum of four shillings, one shilling whereof to be by them accounted for and paid to the proprietor for the rent of the warehouse, and the residue for their own use. Provided nevertheless, That no person shall be obliged to receive any notes, passed at any of the said warehouses, in discharge of any tobacco contracts heretofore entered into. And whereas great advantages may be derived to the commonwealth, by encouraging the manufacture of tobacco:

rules con.

V. Be it therefore enacted, That the inspectors at the Manufacture several warehouses within this commonwealth, shall of tobacco, deliver any inspected tobacco to any person or persons cerning. who shall duly demand such tobacco for the purpose of manufacturing the same, and grant him or them a manifest therefor, upon such persons paying the usual duues, and lodging with them a certificate of his or their having before some court of record within this com

inonwealth entered into bond, with sufficient security, in the penalty of one thousand pounds, payable to the governor and his successors, for the use of the commonwealth, with condition that he or they will not export, or cause or suffer to be exported, either by land or water, any tobacco received by him or them for the purpose of manufacturing, until it has been so manufactured: Nevertheless, it shall be lawful to export any such manufactured tobacco, affidavit being made before a magistrate that the said tobacco had been inspected and passed at some inspection before the same was manufactured, although the same be not packed in hogsheads, any law to the contrary, notwithstanding.

Inspection of tobacco at

house discontinued.

CHAP. XXI.

An act for establishing an inspection of tobacco at Kinsale, and discontinuing that at Rust's warehouse, and for other purposes.

I. BE it enacted by the General Assembly, That the Kinsale esta inspection of tobacco at Rust's warehouse, in the counblished; and ty of Westmoreland, shall from and after the tenth day Rust's ware. of February next, be discontinued, and thenceforth an inspection of tobacco shall be, and the same is hereby established on the lands of Catesby Jones, in the town of Kinsale, to be called and known by the name of Kinsale; provided the said Jones shall build convenient houses at his own expence. The transfer notes issued by the inspectors thereof, shall be payable for public dues in like manner as those of Rust's warehouse, and shall be under the same inspection with Yeocomico. II. And be it further enacted, That from and after the first day of October next, the inspection of tobacco at Robert Bolling's warehouse, shall be removed to, and established on the lands of the proprietors thereof adjoining to Bolling's and Tabb's mill, and that conve

Robert Bol.

ling's ware

house removed.

nient and proper houses shall be built thereon at the expence of the proprietors. The inspection of tobacco at Shepherd's warehouse, in the county of King and Queen, shall be, and the same is hereby revived and Inspection at established, for and during the term of two years.

Suffolk revi

Rules as to

inspectors sa

warehouses.

III. And be it further enacted, That the inspection ved. of tobacco in the town of Suffolk is hereby revived and established, the proprietors of the land being willing to rebuild convenient houses thereon. IV. Provided always, and be it further enacted, That laries, at Suf if at the expiration of two years from the passing of this folk & other act, the quantity of tobacco taken at Suffolk warehouse shall not be sufficient to pay the rents and inspectors salaries, that thenceforth the said inspection shall be discontinued. There shall be allowed and paid annually, to each of the inspectors at Shepherd's, the sum of twenty-five pounds; to each of the inspectors at Suffolk, the sum of twenty-five pounds; to each of the inspectors at Petersburg warehouse, the sum of eighty pounds; and to each of the inspectors at John Bolling's, the sum of seventy pounds; and no more. And whereas, by an act of assembly passed in May, one thousand seven hundred and eighty-three, intituled "An act to amend and reduce the several acts of assembly for the inspection of tobacco, into one act;" it is among other things declared and enacted, "That in case any of the said warehouses therein named, shall not after the first day of October next, and before the first day of October, one thousand seven hundred and eighty-five, receive a sufficient quantity of tobacco to pay the inspectors salaries and rents of the warehouses, the inspection of tobacco at such warehouses respectively shall be thenceforth discontinued, unless the same shall be supported at private expence: Provided, That this clause shall not extend to the discontinuance at one time, of two or more warehouses which may be in the same county, or county next adjacent; but in such cases that warehouse shall be discontiued to which the smallest quantity of tobacco may be brought in the years aforesaid:" And it is judged expedient that the operation of Act as to disthe said clause should be suspended:

continuance

V. Be it therefore enacted, That the operation of the of warehous said clause shall be, and the same is hereby suspended, es suspended