AT A

GENERAL ASSEMBLY,

BEGUN AND HELD

ry, esq. go

vernor.

At the Capitol in the City of Williamsburg, on Monday Patrick Hen. the seventh day of October, in the year of our Lord one thousand seven hundred and seventy six, and in the first year of the Commonwealth.

CHAP. I.*

An Act for reviving several publick warehouses for the reception of Tobacco, and other purposes.

WHEREAS the several acts of assembly for amend- Preamble. ing the staple of tobacco expired on the first day of October one thousand seven hundred and seventy five, and it is thought expedient that some temporary method should be provided for the reception and inspection of tobacco at or near the heads of the rivers and creeks:

tion of to

Be it therefore enacted, by the general assembly of the Warehouses commonwealth of Virginia, and it is hereby enacted by the for inspecauthority of the same, That publick warehouses for the bacco revireceipt and inspection of such tobacco as shall be car- ved, and esried to the same, by the proprietors thereof, shall be tablished, revived and established at the several places following, that is to say: In the county of Accomack, at Pitt's landing, upon Pokomoke, at Guilford, and at Pungoteague, where the warehouses were lately established, under one inspection; in the county of Caroline, at Roy's and Conway's; in the county of Dinwiddie, at

*In the original, none of the acts of this session are distinguish ed by chapters or sections. Such of them as were published in the Chancellors' Revisal, edi. 1785, were for the first time so distinguished.

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Bolling's Point, Bollingbroke, and Cedar Point; in the county of Essex, at Piscataway, at Layton's, and Port Micou, under one inspection; in the county of Fairfax, at Colchester, at Pohick, and at the falls of Potowmack; in the county of Gloucester, at Poropotank, and Deacon's Neck; in the county of Hanover, at Crutchfield's, at Page's, and at Meriwether's; in the county of Chesterfield, at Cary's, at Warwick, at Osborne's, at Rocky Ridge, and at John Bolling's; in the county of Henrico, at Byrd's and Shocko's; in the county of Isle of Wight, at Smithfield, and at Fulgham's, under one inspection; in the county of King and Queen, at Turner's and Shepard's, under one inspection; and at Mantapike and Quarles's, in the county of King William, under one inspection, and at Todd's and at Aylett's, in the county of King William, under one inspection; in the county of King William, at Williams's, and at the Piping Tree, under one inspection; in the county of King George, at Bray's church, at Falmouth, at Dixon's, at Gibson's, and at Morton's; in the county of Lancaster, at Davis's and at Lowry's, under one inspection; in the county of Northumberland, at Wicomico, at Dymer's, and at Indian Creek, under one inspection, and at Deep Creek, and at Glascock's, under one inspection; in the county of Middlesex, at Urbanna; in the county of Nansemond, at Milner's; in the county of Northampton, at Cherrystone's, Hungar's, and at Nasswaddox, under one inspection; in the county of New Kent, at Littlepage's; in the county of Northumberland, at Coan's; in the county of Prince George, at Boyd's, at Davis's, at Blandford, and at Noble's; in the county of Prince William, at Quantico and Dumfries; in the county of Richmond, at Cat Point and Beckwith's, under one inspection, and at Totuskey; in the county of Surry, at Cabin Point; in the county of Stafford, at Aquia, and at Cave's; in the county of Spotsylvania, at Fredericksburg, and at Royston's; in the county of Warwick, at Denbigh; in the county of Westmoreland, at Nomony, at Machotack, and Mattox, under one inspection, at Yeocomico, and Rust's, under one inspection; at the College Landing, in the county of James City, and Capitol Landing, in the , county of York, under one inspection, and at Roe's, in the county of York.

Rents of warehouses.

And be it farther enacted, That there shall be paid and allowed, for the rents of the said warehouses, ten

pence for every hogshead of tobacco that shall be received into the same and inspected, to be proportioned between the publick and private proprietors, as the case may be, according to the late acts of assembly respecting the inspection of tobacco.

If any

warehouse.

And be it farther enacted, by the authority aforesaid, Owners of That the owners and proprietors of the several ware- warehouses houses formerly used for the reception of tobacco, at used, to let formerly the several places before mentioned, shall be obliged to them to the let the same to the inspectors during the continuance inspectors. of this act, at the rent hereby established; and if such houses shall want repairs, or shall not be sufficient to contain the tobacco brought for inspection, the inspectors shall represent the same to their county court, who shall order the proprietors to make such repairs, or build new houses, as the case may require, and on their refusal may order the same to be done at the publick expense. And the treasurer shall pay the money for such repairs or buildings, upon the certificate of such court; and thereafter a proportion of the rents shall be paid by the inspectors to the treasurer, for the use of the publick, for reimbursing such expenses. person shall break, tear, or commit waste or destruc- Penalty for tion of any warehouse, it shall be lawful for any jus- damaging tice of peace of the county, on complaint of the proprietor of such warehouse, to give judgment and award execution against the body or estate of such offender for the damages and costs, provided that in such justices judgment the damages do not exceed forty shillings; and if they exceed that sum, then the proprietor may recover such damages and costs by action, in any court of record. And where such damage shall be done to any of the warehouses built at the expense of the publick, the inspectors shall give information thereof to a justice of the peace, who shall proceed against such offender in the same manner as before directed; and in both cases, where, in the opinion of the justice, the damage shall exceed forty shillings, such justice shall commit the offender until he give security to appear before the next court to answer for the said offence, and on his conviction, by the verdict of a jury, he shall pay such damages as shall be assessed by such jury to the treasurer, for the use of the publick, and pay the costs to the officers, attornies, and witnesses, and execution may issue for the same.

Weights & scales.

Inspectors, how ap

pointed.

And be it farther enacted, That the courts of the several counties wherein warehouses are hereby established shall, at the next court to be held for their respective counties after the passing of this act, appoint two of their members to examine and adjust the scales and weights at such warehouse, and have them repaired, or provided, as shall be necessary, at the publick expense; and any money by them contracted for on that account shall be paid by the treasurer, on their certifi

cate.

All tobacco brought to any of the said warehouses shall be viewed and examined by two persons who shall be called inspectors, and be appointed in the following manner, that is to say: The court of each of the counties wherein any of the said warehouses lie shall, at the first or second court to be held for their respective counties after passing this act, nominate four fit and able persons for each inspection in their county, for executing the office of inspectors; and where two warehouses under one inspection lie in different counties, the court of each county shall nominate two such persons; and out of the persons so recommended, the governour, with the advice of the council, shall appoint and give commissions to two inspectors for each inspection. And to prevent delays which might happen from sickness or necessary absence, the governour, with the advice of the privy council, shall grant a commission to one of the persons so as aforesaid recommended, who shall have full power to execute the office of assistant inspector at the warehouse to which he shall be commissioned, which assistant inspector shall officiate as such on→ ly in cases of the disagreement in opinion of the principal inspectors as to the quality of tobacco brought for their inspection, or where either of them shall, through sickness or otherwise, be absent from his duty, or shall bring his own tobacco to the warehouse whereof he is inspector to be viewed. And the said assistant inspector shall receive for his trouble, in proportion to the time he continues to act, out of the salary of the inspector whose absence he is to supply, and shall be liable to the like pains and penalties as the principal inspector for any misconduct or failure of his duty during such time, and supply vacancies as they may happen, by death or resignation, from time to time.

Provided, That where any court shall fail to nominate inspectors as directed by this act, the governour,