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Acts of the North Carolina General Assembly, 1754 - 1755
North Carolina. General Assembly
December 12, 1754 - January 15, 1755
Volume 23, Pages 400-421

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LAWS OF NORTH CAROLINA, 1754.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the year of our Lord One Thousand Seven Hundred and Fifty Four; being the First Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for establishing the Supreme Courts of Justice, Oyer and Terminer and General Gaol Delivery of North Carolina. Repealed.

[Full text of this chapter is available at vol. 25, p. 274-287.]

CHAPTER II.
An Act for establishing County Courts, for enlarging their Jurisdiction and settling the proceedings therein. Repealed.

[Full text of this chapter is available at vol. 25, p. 287-295.]

CHAPTER III.
An Act to provide indifferent Jurymen in all Causes, criminal and Civil and for an Allowance for the Attendance of Jurors attending at the Supreme Courts. Rep.

[Full text of this chapter is available at vol. 25, p. 296-297.]

CHAPTER IV.
An Act for appointing Parishes and Vestries, for the encouragement of an orthodox clergy for the advancement of the Protestant Religion and for the direction of the Settlement of Parish Accounts. Rep.

[Full text of this chapter is available at vol. 25, p. 298-304.]

CHAPTER V.
An Act for granting an Aid to his Majesty, for the Defence of the Frontier of this Province and other Purposes.

I. And be it further Enacted, by the Authority aforesaid, That Thomas Barker, Esq., be, and he is hereby appointed Public Treasurer for the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrel, Northampton, Edgecomb, Granville, and Orange; And that John Starkey, Esq., be, and he is hereby appointed Public Treasurer of the Counties of Beaufort, Hyde, Craven, Onslow, Carteret, New Hanover, Bladen, Anson, Duplin, Cumberland, Rowan, and Johnston: And the said Treasurers are hereby impowered and directed, to receive the Tax herein before laid, and to account for the same as is herein before directed; each of which said Treasurers shall, before he shall receive any Part, of the said Tax, give Bond, in the Sum of Two Thousand Pounds, to our Sovereign Lord the King, his Heirs and Successors; with condition that he will well and faithfully account and pay to the Assembly, when required, the Monies he shall receive, from Time to Time, by Virtue of this Act as herein directed; and all other such Sums as he shall at any Time hereafter receive, on account of Taxes laid for sinking the now current Bills of Credit.

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CHAPTER VI.
An Act for securing the Payment of Quit Rents due to his Majesty, and Earl Granville, for quieting the Freeholders in the Possession of their Lands, and for other purposes.

[Full text of this chapter is available at vol. 25, p. 304-309.]

CHAPTER VII.
An Act for granting to his Majesty a Duty on the Tonnage of Ships and other Vessels coming into this Province, for the purposes therein mentioned.

I. Whereas there is no Provision made by the Laws now in Force for the Procuring Powder and Shot, for the Use of the Forts and Fortification, and Defence of this Province:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted, by the Authority of the same, That the Master of every Ship or Vessel which shall at any Time after the first Day of May next after the passing of this Act, be entered in this Province, or any District or Port, there unto belonging, in order to unlade the goods and Merchandize imported in her, or in order to unlade and take on Board any Goods, Wares, and Merchandize whatsoever, for Exportation out of this Province shall pay to such Person who shall be appointed in Manner herein after directed to receive the same, in the Port such Ship or Vessel shall enter, for every Ton the said Ship or Vessels of Burthen, one Quarter of a Pound of good and new Gun Powder, and one Pound of Shot or Lead.

III. Provided always, That no Ship or Vessel built in this Province, nor no Ship or Vessel, or proportion of Ship or Vessel, owned by any Inhabitant or Inhabitants thereof, shall be subject to the said Duty, or liable to the payment thereof; any thing herein before to the contrary notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, and it is hereby Enacted, That for the Collecting and receiving the said Duty, the Governor or Commander in Chief of this Province for the Time Being, shall be, and is hereby impowered and authorised, by and with the advice of the Council, from Time to Time, and at all Times hereafter, to nominate, constitute and appoint such and so many Receivers as shall be found necessary, for the receiving the said Duty; and to allow them such Salary, not exceeding Ten per Cent. as shall be thought reasonable.

V. And be it further Enacted, by the Authority aforesaid, That every Receiver, before he enters upon his Office, shall deliver in to the Secretary of this Province, his Bond, with Two good and Sufficient Securities, to our Sovereign Lord the King his Heirs and Successors, for the Use of this Province, in the Sum of Five Hundred Pounds, Proclamation Money, for the due and Faithful discharge of his Duty as Receiver of the Port for which he shall be appointed as aforesaid; and that he will from Time to Time, as often as required, deliver in to the Governor, Council, and Assembly of this Province a True List of all the Ships or Vessels which shall enter in the Port of which he is Receiver; with the Burthen of Tons, and a True and Perfect Account of the Quantity of Powder and Shot, or lead he shall receive, on account of the Duty aforesaid, and on any Suit.

VI. On such Bond, the Money recovered shall be applied to buying Powder and Shot, or Lead, to be placed in the Magazine of the District where such Receiver shall reside, for the Uses intended by this Act.

VII. And be it further Enacted, by the Authority aforesaid, That each

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Receiver of the aforesaid Duty, shall, and he is hereby authorized and impowered, where there is no Magazine or Store provided by the Public in the District whereof he is Receiver, for the safe and secure keeping of the Powder and Shot, or Lead, which shall be by him received in Virtue of this Act, to provide or hire a Store House, as well for the safe keeping thereof, as for the safe keeping of all Arms, and Warlike Stores and Accoutrements, belonging to the Public within the Port of which he is Receiver; the Charge and Expence whereof shall be paid by the Public, in the same Manner, and at the same time other Public Claims are Paid.

VIII. And be it further Enacted, by the Authority aforesaid, That no Collector of his Majesty's Customs within this Province shall clear out any Ship or Vessel, before the Master of such Ship or Vessel shall produce to him a Certificate from the Receiver of the Duty aforesaid in the Port of which he is Collector, That such Master hath fully discharged the Duty aforesaid; under the Penalty of Fifty Pounds, Proclamation Money, for every such Offence; one Half to his Majesty, his Heirs and Successors, for the Use and Purposes of this Act, and the other Half to him or them that will sue for the same; and may be recovered by Action of Debt, in any of the Supreme Courts of Justice in this Province; wherein no protection or Injunction shall be allowed or admitted of.

IX. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for and during the Space of Two Years, from the passing thereof, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER VIII.
An Act for raising a Fund for paying the Salaries of the Chief Justices and Attorney General, and for other Purposes. Priv.

[Full text of this chapter is available at vol. 25, p. 309-310.]

CHAPTER IX.
An Act to restrain the Exportation of bad and Unmerchantable Tobacco, and for preventing Frauds in his Majesty's Customs.

I. Whereas hitherto neglecting to prevent the Exportation of bad and Trash Tobacco, and the many frauds in deceiving his Majesty of his Customs has brought that part of the Trade of this Province into great Decay.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That for the more Effectual preventing the Exportation of Trash, bad, unsound, and unmerchantable Tobacco, all Tobaccos which from and after the passing of this Act, shall be exported out of this Province by Sea, shall be first brought to some or one of the Public Warehouses herein after mentioned, and shall be there viewed and inspected, in Manner as is herein after expressed.

III. And be it further Enacted, by the Authority aforesaid, That no person shall put on Board or receive into any Ship, Sloop, Boat or Pettiagua, or other Vessel, in order to be exported therein, any Tobacco not packed in Hogsheads or Casks, upon any Pretence whatsoever, nor in any Hogshead or Cask, to be in any Ship, Sloop, Boat, or other Vessel, exported out of this Province by Sea, before the same shall have been viewed and inspected, according to the Directions of this Act; but that all Tobacco whatsoever to be received or taken on board any Ship, Sloop, Boat or other Vessel, and to

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be therein exported, or to be carried or put on Board any other Ship, Sloop, or other Vessel, for Exportation as aforesaid shall be received or taken on Board, at the sev ral Warehouses for that Purpose herein after mentioned, or some or one of them, and at no other Place or Places whatsoever; And every Master, Mate or Boatswain, which shall arrive in this Province, in order to lade Tobacco, during the Continuance of this Act, shall, before the said Ship, or Vessel be permitted to take on Board any Tobacco whatsoever, make Oath, before the Naval Officer of the District wherein such ship or Vessel shall arrive, (which Oath the said Naval Officer is hereby impowered and required to administer) that they will not permit any Tobacco, whatsoever to be taken on Board their respective Ships or Vessels, except the same be packed in Hogsheads or Casks; stamped by some Inspector legally thereto appointed; which Oath they shall subscribe in a Book to be kept by the Naval Officer for that Purpose and if any Master shall cause any Person who is not really and bona fide Mate or Boatswain, to come on shore and take such Oath, he shall for the said Offence, forfeit and pay Twenty Pounds: And if any Master or Commander of any Ship or Vessel shall take on Board, or suffer to be taken on Board the Ship, or Vessel whereof he is Master, any Tobacco brought from any other Place than some or one of the Public Warehouses herein after Mentioned, or any Hogsheads or Casks of Tobacco, not stamped by some Lawful Inspector, or shall suffer to be brought on Board any Tobacco, except in Hogsheads or Casks, stamped as aforesaid; every such Master or Commander shall forfeit and pay Twenty Pounds, Proclamation Money, for every Hogshead or Cask of Tobacco which shall not have been brought from one of the said Public Warehouses, or which shall not be stamped as aforesaid; and moreover, every such Hogshead or Cask of Tobacco shall be forfeited.

IV. And forasmuch as the permitting Tobacco in Bulk or Parcels to be waterborne, on Pretence of being carried to warehouses established by this Act, may give great Opportunity to the clandestine running the same on Board Ships or Vessels lying at or near the said Warehouses, whereby the Evil of Exporting Trash Tobacco may be still continued; Be it further Enacted, by the Authority aforesaid, That if any Person, taking upon himself to carry any Tobacco to or from any of the said warehouses, in his Sloop, Boat or other Vessel, for Hire, shall Presume to take on Board any Tobacco whatsoever in Bulk or Parcels such Tobacco shall not only be forfeited, and may be seized by any Person or Persons whatsoever; but the Master or Skipper offending herein, shall forfeit and pay Twenty Shillings, for every Hundred Pounds Weight of such Tobacco, and so proportionably for a great or less Quantity: And the Master or Commander of any Ship, or Vessel, wherein any Tobacco, in bulk or Parcels, shall be found, shall, over and above the Forfeiture thereof, be subject and liable to the same Penalty; to be recovered if it does not exceed Forty Shillings, before any Two Justices of the Peace of any County near the Place where such Ship, Sloop, Boat, Pettiagua, or other Vessel shall lie; and if it exceeds Forty Shillings, in any Court of Record, by Action of Debt, wherein the Plaintiff shall recover his Costs: And if any Sloop, Boat, or other Vesel, be under the Care or Management of a Servant, who cannot satisfy and pay the said Penalty, then such Servant shall, upon complaint thereof made to a Justice of the Peace, have and receive, by Order of such Justice, Thirty Nine Lashes, well laid on: And if any Servant shall be again Trusted with the Care and Management of any Sloop, Boat or other Vessel, and shall be convicted a second time of taking or receiving on Board the same, any Tobacco in Bulk or Parcels, contrary

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to the Directions of this Act, the Owner of such Servant shall forfeit and pay like the Sum of Twenty Shillings, for every Hundred Pounds Weight of such Tobacco; and shall also forfeit and pay five Shillings, for every Day such Servant shall there after be employed as Skipper or Master of any Sloop, Boat, or other Vessel, to him belonging; to be recovered and applied as aforesaid.

V. Provided always, That nothing herein before contained, shall be construed to prohibit any Person from carrying, or causing to be carried, to the said Warehouses, in any Boat, or other vesel, Tobacco in Bulk or Parcels, for the Payment of his or her Taxes, Dues, or Duties.

VI. And be it further Enacted, That every Master of a Ship, or Vessel, wherein Tobacco shall be laden to be exported, shall, at the Time of clearing, deliverer to the Naval Officer, Two Fair Manifests of all the Tobacco on Board the Ship or Vessel, expressing the Marks and Numbers of every Hogshead, and the Tare and Nett Weight, stamped thereon, the Person by whom shipped, and from what Warehouse, and shall make oath thereto, and that the same is a Just and True Account of the Marks, Numbers, Tare and Nett Weight of each respective Hogshead, as the same was taken down by the Person or Persons appointed by him to take the same, before the said Tobacco was stored away; and no Ship or Vessel shall be cleared by the Naval Officer, before he shall have received such Lists or Manifests; one of which said Manifests shall, by the said Naval Officer, be annexed to such Master's Certificate or Clearance; to the End the same may be delivered to the Chief Officer of the Customs in such Port or Place where the said Ship or Vessel shall unlade, and the other of the said Manifests shall, by the said Naval Officer, be transmitted to the said Chief Officer of the Customs. by the next Convenient Opportunity.

VII. And be it further Enacted, That if the Skipper of Any Sloop, Boat, Pettiagua, or other Vessel, or other Person or Persons, to whom the care and Management thereof shall be intrusted, shall put on Board any Ship, or other Vessel, to be exported, as herein before mentioned, any Hogshead, Cask or Package of Tobacco, put on Board the same to be carried to any Public Warehouse, by this Act appointed for the Reception and Inspection of Tobacco, so as the same be not delivered at some of the said Public Warehouses, without fraud or Embezzlement; or shall open any Hogshead or Cask of Tobacco, so as aforesaid waterborne, and take thereout any Tobacco, before the same be viewed by the Inspectors, according to the Directions of this Act, or after the same has been viewed, shall fraudulently open any Hogshead or Cask, and take thereout any Tobacco every such Offence shall be adjudged Felony, and the Offender or Offenders shall suffer as in Cases of Felony.

VIII. Provided always, That nothing herein contained shall be construed to prohibit the putting on Board any Ship, or other Sea Vessel, any Hogshead, Cask or Package of Tobacco, out of any Sloop, Boat, or other Vessel, which by Distress of Weather shall be forced on Ground, or become Leaky; so as such putting on Board any Sea Vessel, shall be really and bona fide for the Preservation of the Tobacco laden in such Sloop, Boat, or other Vessel, and that the same be, with all convenient Speed, carried thereafter to the Warehouse to which it was designed, without Embezzlement.

IX. Provided also, That if by the Accidents aforesaid, or Negligence by the Master or Skipper of any Vessel, any Tobacco which hath been viewed and stamped, shall in its carriage to the Ship, in which it is intended to be exported, receive so much Damage as that the Master of such Ship, will not receive it on Board, every Hogshead or Cask of Tobacco so damnified,

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shall, with all convenient speed, be carried to some Warehouse appointed by this Act, and there lodged, until the Owner of the said Tobacco, or Master of the Vessel in which it was damaged, shall have separated the same, and repacked the good Tobacco; and then the same shall be weighed and stamped, with the weight by the Inspectors attending such Warehouse, without Fee or Reward; but if the Owner of such Tobacco, or the Master of the Vessel in which it was damaged, fail or delay to separate and repack the same within Ten Days; then the Inspector at the Warehouse where such Damaged Tobacco shall be landed, shall, and they are hereby required and enjoined, to separate, repack, stamp, and weigh, the same; and such Inspectors shall have and receive, of the Owner of such Tobacco, Five Shillings, for each Hogshead or Cask of Tobacco, to be paid by such Owner, before the said Tobacco shall be delivered out for Exportation.

X. And be it further Enacted by the Authority aforesaid, That all Tobacco which shall be brought to any of the Public Warehouses herein after mentioned, shall be viewed, examined, and inspected, by Two Persons to be thereunto appointed, who shall be called Inspectors,; which said Inspectors shall be appointed in Manner following; that is to say, The Courts of the several Counties within this Province, wherein any of the Public warehouses appointed by this Act are established, shall and may, and they are hereby required, once in every year, between the First Day of March, and the last Day of August, Yearly, to nominate and appoint, for each of the Public Warehouses within their Counties, Two Fit and able Officers of Inspection, reputed to be skillful in Tobacco, for the Office of Inspectors; which Nomination and appointment, the said Courts shall cause to be entered upon Record, which shall be sufficient Appointment of such Officers: And also, in case of the Death, Resignation, or Removal, of any Inspector, the said Court shall and may nominate and appoint another to succeed him, until the next Nomination of Inspectors.

XI. And be it further Enacted, That if any Inspector shall hereafter accept, receive, or take, directly or indirectly any Fee, Gratuity, Service, or Reward whatsoever, of any Person for resigning or giving up his Office of Inspector, he shall not only be disabled for ever from holding the like Office, but for such Offence shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; to be recovered by Action of Debt, with Costs, in any Court, where the said Sum is cognizable; and every Person offering and paying, directly or indirectly, any Fee, Service, Gratuity, or Reward whatsoever, to any Inspector to resign his Office, shall, for the said Offence, be for ever disabled from holding the Office of Inspector within this Province.

XII. Provided always, That no Justice of the Peace, being Inspector, or recommended to be an Inspector, shall have, or be allowed to vote in the Nomination and appointment of Persons to be Inspectors as aforesaid.

XIII. Provided also, That every Person appointed, or to be appointed an Inspector, by Virtue of this Act, shall, before he enters upon the Execution of the said Office, enter into Bond, with good Security, in the Penalty of One Hundred Pounds, Proclamation Money, payable to his Majesty, his Heirs and Successors; with Condition for the True and faithful Performance of his Duty, according to the Directions of this Act; and shall also take the following Oath, to-wit: You shall swear, that you will, diligently and carefully, view and examine all Tobacco brought to any Public Warehouse whereof you are appointed to be Inspector, and all other Tobacco which you shall be called upon to view and Inspect, and that not separately and apart from your Fellow, but in his Presence; and that you will not receive any Tobacco, that is not in your judgment sound, well conditioned, merchantable and

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clear of Trash, nor receive, Pass, or Stamp, any Tobacco Hogshead, or Cask of Tobacco, prohibited by an Act of Assembly, intituled, An Act, to restrain the Exportation of Bad and Unmerchantable Tobacco, and preventing Frauds in his Majesty's Customs; and that you will not change, alter or give out any tobacco, other than such Hogshead or Cask for which the receipt to be taken in was given; but that you will in all Things well and faithfully discharge your Duty in the Office of an Inspector, according to the best of your Skill and Judgment, and according to the Directions of the said Act, without Fear, Favour, Affection, Malice, or Partiality. So Help you God. Which Oath shall and may be taken before the County Court wherein such Inspector shall reside; and if any Person shall presume to execute the Office of Inspector, before he shall have given such Bond, and taken such Oath as aforesaid, he shall forfeit and pay Fifty Pounds, Proclamation Money.

XIV. And be it further Enacted, That all Inspectors to be appointed by Virtue of this Act, shall constantly attend their Duty at the Warehouse under their Charge, from the First Day of November to the Twentieth Day of December, and from the Tenth Day of March, to the First Day of May, Yearly, unless otherwise directed by the County Courts, and at other Times they, or one of them, shall attend to deliver out Tobacco for Exportation, till all the Tobacco remaining there on the said first Day of May, shall be so delivered; and every Inspector neglecting to attend as aforesaid, except as before excepted, shall forfeit and pay, to the Party grieved, Five Shillings for every Neglect, or shall be liable to the Action, upon the Case of the Party grieved, to recover such Damages as he or she shall have sustained by Occasion of such Neglect, together with his or her full Costs, at the Election of such Party: And all Inspectors shall uncase and break every Hogshead and Cask of Tobacco brought to them to be Inspected as aforesaid; and if they shall agree that the same is good, sound, well conditioned merchantable, and clear of Trash, then such Tobacco shall be weighed in Scales, with Weight or Steelyards, of the Lawful Standard and the Hogshead or Cask shall be stamped and marked with an Iron, in the Presence of the said Inspectors or one of them, with the Name of the Warehouse at which the Tobacco therein contained shall be viewed and inspected as aforesaid; and also the Tare of the Hogshead or Cask, and Quantity of Nett Tobacco therein contained; But if the said Two Inspectors shall at any Time disagree concerning the Quality of any Tobacco, brought for their Inspection at any Warehouse under their Charge, they shall without Delay, as soon as conveniently may be, call from the next adjacent Warehouse or Inspection, another Inspector, who shall determine the Difference, and pass or reject such Tobacco; and where any Inspector shall happen to be sick and unable to attend his Duty, in that Case it shall be lawful for any Inspector, at any adjacent Warehouse, to view, inspect, and pass Tobacco in his Room; and when any Inspector shall bring his own Tobacco to the Warehouse whereof he is Inspector, the same shall not be passed or stamped unless it be first viewed, examined, and found qualified and good as aforesaid, by the other Inspector there attending, and by one or both of the Inspectors from the next adjacent Warehouse, as the Case shall require: And if any Person appointed an Inspector as aforesaid, during his Continuance in Office, shall depart this life, in that Case it shall be lawful for any Inspector called from an Adjacent Warehouse, to view, inspect, and pass all such Tobacco, as shall be brought to the Warehouse whereof such deceased Person was Inspector, before the next Court to be held for the County wherein such Warehouse shall be; which Court is hereby

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authorized and required, to nominate and appoint another Inspector to succeed the Person deceased.

XV. And be it further Enacted, That if any Tobacco shall be Brought to any of the said Warehouses, for the Discharge of any Public or Private Debt or Contract, the Inspectors after they have viewed, examined, and weighed the same, according to the Directions of this Act, shall be obliged to deliver to the Person bringing the same, as many Promissory Notes, under the Hands of the said Inspectors, as they shall be required, for the full Quantity of Tobacco reviewed by them; in which shall be expressed whether the Tobacco so received be sweet scented or Oronoko; Stemmed or Leaf; which Notes shall bear Date the Day the Tobacco for which the same is given shall be viewed and passed, and shall and are hereby declared to be current in Tobacco Payments, according the species expressed in such Notes, and shall be transferable from one to another in all such Payments, and shall be paid and satisfied by the Inspectors who signed the same, upon Demand: And for every Hogshead of Tobacco brought to any Public Warehouse for the Discharge of any Public or Private Debt, in good Cask, of such Dimensions as herein after expressed, there shall be allowed by the Inspector thereof to the Person, bringing the same, after the Rate of Four Pounds of Tobacco for every Hundred Pounds the Tobacco therein contained shall weigh, after the same shall be viewed and passed, so as such Allowance does not exceed Thirty Pounds of Tobacco for each Hogshead; and the Inspectors shall, and they are hereby obliged, to make every Hogshead by them paid away in Discharge of any such Notes by them given, to contain Nine Hundred and Fifty Pounds of Nett Tobacco, at the least; and for every such Hogshead of Tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the Person receiving the same, Five Shillings for Inspecting, and six Pence for Nails; which said Sum of Six Pence the said Inspectors shall and may retain in their Hands for their own Use, to reimburse them the Expence of Providing Nails; and the Person demanding or receiving Tobacco in Discharge of Notes as aforesaid, shall allow to the Inspectors Thirty Pounds of Tobacco for each Hogshead so received, for the Cask and Two Pounds of Tobacco for every Hundred Pounds of Tobacco contained in such Notes and proportionably for a greater or lesser Quantity, for Shrinkage and wastage, if the said Tobacco be paid within Two Months after the Date of the Note given for the same, and One Pound of Tobacco for every Hundred for every Month the same shall be unpaid after the said Allowance, so as such allowance for Shrinkage and Wastage does not exceed in the Whole Six Pounds of Tobacco for every Hundred: And if any Inspector or Inspectors by whom any such Notes for Tobacco as aforesaid shall be signed, shall refuse or delay to pay and satisfy the same when demanded; every Inspector so delaying or refusing, shall forfeit and pay, to the Party injured, double the Value of the Tobacco so refused or delayed to be paid; to be recovered with Costs in any Court within this Province wherein the same is Cognizable, if the Note or notes do exceed Two Hundred Pounds of Tobacco; and if the said Note or Notes do not exceed Two Hundred Pounds of Tobacco, the double Value as aforesaid shall and may be recovered before any Justice of the Peace of the County wherein the Warehouse shall be, at which the Note or Notes ought to be paid. And no Inspector or Inspectors shall mix Stemmed and Leaf Tobacco in any Hogshead which they shall Prize and pay away in Discharge of any Transfer Notes by him or them given.

XVI. And be it further Enacted, by the Authority aforesaid, That all the Tobacco brought to any of the said Warehouses in Hogsheads or Casks, to be exported as aforesaid, on Account of, and for the Use of the Owner thereof,

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after the same shall have been viewed, examined and weighed, and found to be good, shall be stamped as herein before directed; and the said Inspectors shall deliver to the Person bringing the same, as many receipts, signed as aforesaid, as shall be required, for the Number of Hogsheads so brought and Stamped, in which shall be expressed whether the Tobacco so received be sweet scented, or Oronoko, Stemmed or Leaf, and whether the same is Tied in Bundles or not; and for every Hogshead and Cask brought to, any of the said Warehouses to be exported, on Account of, and for the Use of the Owner thereof, there shall be paid to the Inspector there attending, Three Shillings for Viewing, examining, and stamping the same; and the Owners of the said Tobacco shall provide Nails for the nailing thereof: And if any of the Inspector or Inspectors shall alter, change, or deliver out any Hogshead or Cask of Tobacco, other than the Hogshead or Cask for which the receipt to be taken in was by them given; such Inspector or Inspectors shall not only forfeit and pay the Double Value of such Hogshead or Cask so altered, changed, or delivered out, but he or they shall moreover forfeit his or their Bonds, respectively, given for the Due Execution of his or their Office; and all Inspectors shall, and they are hereby obliged and required, to take in any Receipt or Receipts by them given for Tobacco, and after having weighed such Tobacco, to give Transfer Notes for the same, with an Allowance of Four Per cent. for the Cask, so as such Allowance does not exceed Thirty Pounds of Tobacco for every Cask.

XVII. And be it further Enacted, That during the Continuance of this Act, no Tender of any Debt or Duty payable in Tobacco shall be accounted lawful, unless such payment of the same be tendered in Inspectors Notes or Receipts, nor shall any crop Notes, or Receipts, of an Older Date than Eighteen Months, be a lawful Tender in any Case whatsoever.

XVIII. And for restraining the Undue Practice of mixing Trash with Stemmed Tobacco, and preventing the packing Tobacco in unsizable Casks; Be it Enacted and Declared, That all Stemmed Tobacco not laid strait, whether the same be packed Loose, or in Bundles, shall be accounted unlawful Tobacco; and that no Tobacco packed in Hogsheads which exceed eight and Forty Inches in the Length of the Stave, or Thirty Inches at the Head within the Crow, (making an Allowance of Two Inches in the Prizing Head for Prizing) shall be passed or received; but the Owner of such Tobacco packed in Casks of greater Dimensions than before expressed, shall be obliged to repack the same in sizable casks, at his own Costs and Charge, before the same shall be received and stamped by the said Inspectors.

XIX. And be it further Enacted, That when any Tobacco shall be brought to any Public Warehouse, and refused by the Inspectors there officiating, the same shall be immediately burnt by them, unless the Owner or Person bringing such Tobacco desires to sort and separate the same, and to pick out such as is bad; in which Case the Inspector shall permit the same to be done at the Warehouse to which the said Tobacco shall be brought without Fee or Reward, but shall not on any Pretence, suffer the said Tobacco to be removed or carried from the said Warehouse; and the said Inspectors shall allow One Month for separating and picking such Tobacco; after which Time if the same be not done, it shall be lawful for them to burn the whole (except where the same is in a sweat, or where the Circumstances or Accidents of Weather may have prevented the handling of it) in which Case the Inspectors shall allow such Further Time as they shall think reasonable: And where any Tobacco shall be separated and picked as aforesaid, the Trash Tobacco shall be burnt by the Inspectors on the same Day it is picked out; under the Penalty of forfeiting Five Shillings for every Failure to the

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Informer; to be recovered by a Warrant from a Justice: And if any Tobacco packed in Casks by an overseer, or the hands under his Care, shall be burnt by the said Inspectors, by Reason of its being Bad, unsound, or not in good Condition, the Overseer who had the care of Making and packing the same, shall bear the loss of the Tobacco so burnt; and make satisfaction for the same out of his snare of the Crop, or otherwise; and the Inspectors shall be obliged to keep an Account of all Tobacco so burnt: And if any Tobacco shall remain undemanded in a Public Warehouse Three Years after the same is inspected the Inspectors at such Public Warehouse, shall advertise a List of the Marks, Numbers, and weights of such Tobacco, at the Court of their County, Two Courts successively, next after the Expiration of Three Years as aforesaid, and if no Owner appears to claim the same within that Time, the Court is hereby impowered and required, to order the said Tobacco, to be sold Publicly, at the Court House Door, on the last Day of the same Court that the same shall be so advertised, to the highest Bidder, and the Money arising from the Sale thereof, shall be accounted for by the Inspectors for the Time being, in their Accounts with the Court, and by the Court applied to the Use of the County; and if any Person having a Right in any Tobacco so sold, shall prove his property therein, the Court shall repay to such Person the Money for which the Tobacco was sold.

XX. And to the end that a just quantity of tobacco Exported may be more exactly known, and every evil Practice to defraud his Majesty of his Customs prevented; Be it Enacted by the Authority aforesaid, That all Inspectors shall carefuly enter in a Book, to be provided and kept, for that purpose, the Marks, Numbers, Gross, Nett Weight, and Tare, of all Tobacco viewed, and stamped by them as aforesaid, and in what Ship or Vessel the same shall be laden or put on Board; and shall also with every Sloop, Boat, or Pettiagua, load of Tobacco, send a List of the Marks, Numbers, Gross, Nett Weight, and Tare, of every Hogshead of Tobacco then delivered, to be given to the said Master of the Ship or other Vessel in which the same shall be put on Board; and if the Tobacco delivered to the same, Sloop, Boat, or Pettiagua, is intended to be put on Board several Ships, or Vessels, then they shall deliver so many Distinct and several Lists as aforesaid, of the Hogsheads to be put on Board such Ships or Vessels respectively; which Lists every Master of a Ship or Vessel, is required to produce to, and lodge with the Naval Officer of the District where the Ship, or Vessel whereof he is Master shall ride, or by whom he shall be cleared, sometime before her Clearance: But whereas it may happen that the Ship in which such Tobacco was intended to be put, may be so full as not to be able to stow all the Tobacco contained in such List; in such case it shall and may be lawful to ship the said Tobacco, or any part thereof, on Board any other Ship or Ships, where the Owner thereof shall think fit; the Master of such Ships, endorsing on the said Lists, the Marks and Numbers, of the respective Hogsheads by them taken on Board, and giving Notice to the Inspectors of the Warehouses from whence the same was brought; or if there be no Ship to receive the said Tobacco, then it shall and may be lawful for the Master of the first Mentioned Ship, or Vessel to put the said Tobacco in to any Warehouse in the District where such Ship shall ride, giving Notice thereof to the Inspectors who stamped the same; and the Inspectors of that Warehouse where such Tobacco shall be delivered, shall give a Receipt for the same, and shall cause the said Tobacco to be safely lodged, and delivered to the Order of the Owner, whenever he or she shall think fit to ship it off, and that without Fee or Reward.

XXI. And be it further Enacted, That if any Person whatsoever shall forge

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or Counterfeit the Stamp, Note or Receipt, of any Inspector, or tender in Payment any such Counterfeit or forged Note, or Receipt, knowing it to be such, or export, or cause to be exported, any Hogshead or Casks of Tobacco, stamped with a Forged or Counterfeited Stamp, or demand Tobacco of any Inspector upon such Forged or counterfeited Note, or Receipt, knowing such Note or Receipt or Stamp to be forged and Counterfeited; or shall put or pack into any Hogshead or Cask of Tobacco, stamped by any Inspector, any Tobacco whatsoever, or draw or take out any Stave, Plank, or Heading Board, so stamped as aforesaid, of any Hogshead or Cask of Tobacco, after such Hogshead or Cask of Tobacco shall be delivered out from any of the Public Warehouses aforesaid; every Person so offending, and being thereof convicted by due Course of Law, shall be adjudged a Felon, and shall suffer as in case of Felony.

XXII. And be it further Enacted, by the Authority aforesaid, That if any Inspectors Notes or Receipts be casually lost, mislaid or destroyed, the Person or Persons intitled to receive the Tobacco by Virtue of any such Note or Receipt, shall make Oath, before a Justice of the Peace of the County where the same is payable, to the Number or Date of every such Note or Receipt, to whom and where payable, and for what Quantity of Tobacco, the same was given, and that such Note or receipt is lost, mislaid, or destroyed, and that he, she or they, at the Time such Note or Receipt was lost mislaid, or destroyed, was lawfully intitled to receive the Tobacco therein mentioned, and shall take a Certificate thereof from such Justice and upon producing a Certificate of such Oath to the Inspectors who signed such Note or Receipt, and lodging the same with them, the said Inspectors shall, and are hereby required, to pay and deliver to the Person obtaining such Certificate, the Tobacco for which any such Notes or Receipts were given, (if the same or any Part thereof shall not have been before by them paid by Virtue of the said Notes or Receipts), and shall be hereby discharged from all Actions, Suits, and Demands, on Account of such Notes or Receipts: And if any Person shall be convicted of making a false Oath, or producing a forged Certificate in the Case aforesaid, knowing the same to be forged, he shall forfeit and pay Twenty Shillings, for every Hundred Pounds Weight of Tobacco contained in such Certificate; recoverable before any Jurisdiction where the same is cognizable; and moreover upon Conviction, shall suffer as in Case of willful and Corrupt Perjury.

XXIII. And be it further Enacted by the authority aforesaid, That all County and Parish Taxes already imposed, or hereafter to be imposed, and which shall, be due and payable at any Time, after the Commencement of this Act, may be paid and discharged in transfer Notes, after the rate of One Penny Proclamation Money, per Pound, for each Hundred Pounds weight of Tobacco, contained in such Note, and so proportionably for a greater or lesser Quantity; and the Sheriff or other Collectors of the said County and Parish Taxes, shall, on or before the Tenth Day of June, annually, pay all such Inspectors Notes as they shall receive, (deducting the Commissions by Law allowed them) to the several County and Parish Creditors to whom the same are due and Payable.

XXIV. Provided nevertheless, That no Collector of any County or Parish Taxes, shall take or receive any of the said Transfer Notes, in Discharge of any of the said Taxes, unless the Party owing the same, shall tender such Notes on or before the First Day of May, in the Year such Taxes are and shall be due and owing.

XXV. Provided also That no Transfer Notes of the preceding Year, shall pass in any such Payment.

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XXVI. And be it furter Enacted by the Authority aforesaid, That every Sheriff and other Collector of any County or Parish Taxes within this Province, shall, on or before the Tenth Day of June, Yearly pay and satisfy every Creditor of the County or Parish whereof he is Collector, all such Sums as shall be Due and owing to such Creditor, and for which a Tax shall be laid by the County Court or Vestry, for defraying thereof; and if any Sheriff or other Collector shall refuse or delay to make Payment accordingly, it shall and may be lawful for every such Creditor, on a Motion made in any Court wherein the Demand is Cognizable, the next succeeding Court thereafter, to demand Judgment against such Sheriff or other Collector, for the Debt due to such Creditor, and wherewith such Sheriff or other Collector is chargeable; and such Court is hereby authorized and required, to give judgment for such Creditors Debt, with Costs, and to award Execution thereupon: Provided the Sheriff or other Collector shall have Ten Days previous Notice of such Motion.

XXVII. And be it further Enacted, by the Authority aforesaid, That Public Warehouses, for Inspection of Tobacco, pursuant to this Act, shall be kept at the several Places herein after mentioned; that is to say.

In Pasquotank, at Mr. Thomas Relf's, where the Warehouse now is.

In Perquimans, at the Court House on the Lands of Jonathan Phelps.

In Chowan, at Edenton, and on Bennet's Creek, on the Land of John Alston.

In Bertie, upon Chowan River, on the Land of John Campbell, near Jackson's Ferry.

And upon Cushie River, on the Land of Thomas Whitmill, where the Warehouses formerly were.

In Northampton, at the Pitch Landing, Raglan's, and Buckston's.

In Edgecomb, at Elbeck's Land on Roanoke, William William's, at Kehukey, and at Howel's, on Tar River.

In Beaufort, at the Red Banks, and at Bath Town, where the Warehouses now are.

And there shall be paid to the several Inspectors to attend and attending the said several Warehouses, the Salaries herein after mentioned; that is to say, to each of the Inspectors at Relf's, Six Pounds; at Phelp's Seven Pounds; At Edenton, Six Pounds; at Alston's, Seven Pounds; at the Pitch Landing, Fifteen Pounds; at Raglin's and Buckston's, both under one Inspection, Fifteen Pounds; at Elbeck's, Fifteen Pounds; at Kehukey and Howel's, both under one Inspection, Fifteen Pounds; at Campbell's Six Pounds; at Whitmill's, Five Pounds; and at the Red Banks and Bath Town, both under One Inspection, Eight Pounds, Proclamation Money.

XXVIII. And be it further Enacted, That at all the said Warehouses there shall be paid and allowed for the Rent of the same Eight Pence, Proclamation Money, for every Hogshead of Tobacco that shall be received, inspected, and delivered out of such Warehouses respectively.

XXIX. And be it further Enacted, That it shall and may be lawful for the Justices of the Respective County Courts, wherein any of the said Warehouses are appointed, and they are hereby required, to value an Acre of Land at every Place within their County where Public Warehouses are by Virtue of this Act directed to be built, and to agree with any Person or Persons, for erecting and building thereon, such Warehouses, Wharfs, and other Conveniences, as shall be necessary, and to take Bond, with good Security, from such Person or Persons, for performing such Agreement; and the said Justices shall pay the Owner of the said Land the Money, at which the same shall be valued as aforesaid; and upon paying or tendering thereof, the Justices of the said County for the Time being shall, from thenceforth, have an Estate,

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in fee Simple, in such Land, during the Time such Place shall be made use of for a Public Warehouse; And the said Justices shall, and are hereby impowered and authorized, to levy the Charge and Expense thereof, upon the Inhabitants of their County, and shall take and receive the Rents of the Tobacco which shall be received and inspected at the said Warehouses in Pursuance of this Act, for reimbursing the said County the Charge of Purchasing the said Land, and building thereon: And where the Justices of any County Court have already built Warehouses upon the Lands of another person, by virtue of any Laws heretofore in Force, the said Justices shall in like Manner be seized, in Fee, of the Acre of Land upon which such Warehouses are built, so long as the said Places respectively shall be made use of for Public Warehouses; but if any of the said Places whereon Warehouses are or shall be Built by the Justices, hereafter happen to be discontinued, the Proprietor of the Land shall be, from Thenceforth, seized of his Former Estate.

XXX. Provided nevertheless, That nothing herein contained, shall be construed to give Power to the said Justices, to take away the House, Orchards, or Other Immediate Conveniences of any Proprietor of Land, for the Uses or Purposes, aforesaid; And the Justices of the Peace of the several Counties wherein any of the said Warehouses, are by this Act appointed, within their County Court, shall, and are hereby declared, to have full Power to put in Execution, so much of this Act, as relates to the Building and erecting of Public Warehouses, and to regulate all matters concerning the same, and to direct the rebuilding and repairing of such Houses, Wharfs, and other Conveniences, from Time to Time, as to them shall seem necessary and Expedient; and if upon the Application, of the Inspectors of their County Courts, for building and making other Necessary Houses, Wharfs, and Repairs, such County Court shall refuse or Fail, to do their Duty therein, every such Justice so refusing or failing, shall forfeit and pay Five Pounds Proclamation Money; to be recovered in any of the Supreme Courts, with Costs, by Action of Debt, or Information, against such Justices jointly.

XXXI. And be it further Enacted, That if any of the Warehouses herein before mentioned, shall happen to be burnt by Accident the Loss sustained thereby shall be made good and repaired to the Persons injured, by the several Counties wherein such warehouses are by this Act directed and appointed to be built, and be levied on the Counties by the Courts thereof, at the Time of laying their County Levy next after such Loss shall happen, in Proportion to the Taxable Persons in each of the said Counties: And in Case of such Accidents, no Inspectors shall be sued or molested, for or by Reason of any Promissory Notes or Receipts by them given for any Tobacco burnt in the said Warehouses, but shall be altogether acquitted and discharged of and from the Payment of the Tobacco in such Notes or Receipts mentioned; any Thing hereinbefore contained to the Contrary notwithstanding.

XXXII. And be it further Enacted, by the Authority aforesaid, That there shall be kept, at every one of the said Warehouses hereinbefore appointed, and at all others hereafter to be appointed, a good and sufficeint pair of Scales, with weights, or a pair of good Steelyards, to weigh Twelve Hundred Pounds at the least; and where such Scales and weights, or Steelyards are not already provided, or now are, or hereafter shall be worn out and become unfit for Use, the Justices of the respective County Courts wherein any of the said Warehouses shall be erected, are hereby directed and required, to provide the same, at the Expence of their respective Counties; and moreover the said Justices are hereby required and directed, once in every Year at the least, to appoint one or more of their Number to view the said

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Scales, or Steelyards, and examine and try the Weights of the Scales, at the several Warehouses, by the Standard Weights of the County: And if the said Scales or Weights, or Steelyards, shall be found to want repairing, or the weights to be found deficient or differing from the lawful Standard, the said Justices shall cause the same to be repaired and amended, and the weights made conformable to the Standard; and if the Justice or Justices so appointed, shall refuse or neglect to do the same, the Justice or Justices so refusing or neglecting, shall forfeit and pay the Sum of Twenty Shillings Proclamation Money; and the Charge of repairing and amending the said Scales, and weights, or Steelyards, and also for removing the Standard to the several Warehouses for trying the same, shall be paid by the Inspectors respectively, and be again allowed to them in their Account with the Court.

XXXIII. And be it further Enacted, That any Justice of the Peace of any County near the Place where any Ship or other Vessel shall ride, upon Complaint made to him by any Person, that suspects any Tobacco is put on Board any Ship, or other Vessel, in Hogsheads, Casks, or Packages, or in Bulk or Parcels, in order to be shipped off, and exported as aforesaid, without being inspected, shall, and is hereby required, to issue his Warrant, directed to the Sheriff, under Sheriff or any Constable of his County; and the Sheriff, under Sheriff or Constable, shall have full Power and Authority, and he is hereby required to enter and go on Board such Ship or other Vessel, to search for and seize such Tobacco; and the same being seized, shall be brought on Shore, and carried before the same, or any other Justice, who shall cause the same to be immediately burnt, by such Sheriff Under Sheriff or Constable; And if any Master or Commanding Officer of any Ship or Vessel, or any other Person whatsoever, shall resist the Officer in the Execution of any such Warrant, every such Master or Commanding Officer shall forfeit and pay Fifty Pounds, Proclamation Money; and every Skipper, Sailor, or other Person, so resisting, shall forfeit and pay Ten Pounds, like Money: And if any Action shall be brought against any Justice of the Peace, Sheriff, Under Sheriff or Constable, for doing any Thing in Execution of this Act, the Defendant may plead the General Issue, and give this Act in Evidence; and if the Plaintiff shall be non-suit, or a Judgment pass against him, upon a Verdict or demurrer, the Defendant shall recover double Costs.

XXXIV. And be it further Enacted by the Authority aforesaid, That no Person taking upon himself the Office of Inspector, shall during his Continuance therein, or within One year after he shall be out of his said Office, being capable of being elected a Member of the House of Assembly, nor shall directly or Indirectly, by himself or any other Person, buy or receive, by way of Barter, Loan, or exchange, any Tobacco whatsoever; under the Penalty of forfeiting Twenty Shillings, Proclamation Money, for every Hundred weight of Tobacco so bought or received.

XXXV. Provided always, That nothing herein contained shall be construed to hinder any Inspector from receiving his Rents in Tobacco; which shall be first viewed, examined, and stamped, according to the Directions of this Act.

XXXVI. And for the better Direction of the Inspectors aforesaid in their Duty, Be it Enacted, That no Inspector shall take, accept or receive, directly or indirectly, any Gratuity, Fee or Reward, for any Thing by him to be done in Pursuance of this Act, other than his Salary, and the other allowances hereinbefore mentioned and expressed; and if any Inspector shall take, accept, or receive, any such Gratuity, Fee, or Reward, every such Inspector, being thereof convicted, shall forfeit and pay Fifty Pounds, Proclamation Money; to be recovered with Costs, by any Person or Persons, who shall inform and sue for the same, by Action of Debt, Plaint or Information, in any

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of the Supreme Courts of this Province; and moreover shall be disabled from holding the Office or Place 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 hereinbefore mentioned and appointed; every Person so offending, and being thereof convicted, shall, for every such Offence, forftit and pay the Sum of Five Pounds, Proclamation Money; to be recovered in any Court of Record within this Province: One Half of which said Forfeiture shall be to our sovereign Lord the King, his Heirs and Successors, for and towards supporting the Contingent Charges of this Province, and the other Half to the Person or Persons who will inform and sue for the same.

XXXVII. And be it further Enacted, That when any Person shall be intitled to receive any Hogshead of Tobacco, by Virtue of any Inspectors' Notes or Receipts, the Inspectors shall be obliged to open the Hogshead, and shew such Tobacco to the Person demanding the same, if required, whether such Tobacco be Crop or Transfer; and if such Person shall refuse to accept of the Tobacco offered or tendered him in Payment, as bad, unsound, and unmerchantable, such Person, so refusing, and 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 tendered in payment, who are no wise related to the Parties, nor concerned in Interest; and the said Justices shall take an Oath, before some other Justice 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 and well conditioned, merchantable and clear of Trash, according to the Directions of the said Act, and that they will therein do their Duty according to their Judgment and conscience, without Fear, Favour, Affection, Malice or Partiality; which said Three Justices so sworn, are hereby directed, impowered and required, upon such Application, to repair to the Warehouse where such Tobacco shall be offered or tendered in Payment, and carefully to view and examine the same, in such manner as they shall think fit; and if any Two of them shall adjudge the Tobacco so tendered in payment, to be bad, unsound, and unmerchantable, to cause the same to be immediately burnt, without being picked or separated; 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 the same in Payment, Five Shillings, Proclamation Money, each; and if the said Justices or any Two of them, shall adjudge the said Tobacco so tendered or offered in Payment, 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 offered or tendered in Payment by any Inspector, and refused, the said Inspectors, shall not be at Liberty to tender, or offer in Payment, nor the Person demanding the same, to receive any Tobacco in lieu thereof, before or after 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 Payment 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 first tendered in Payment was Bad, unsound, and unmerchantable; and moreover, the said Inspectors shall Forfeit and pay Ten Pounds for every such Offence: And if any Person who shall refuse any

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Hogshead of Tobacco as aforesaid, shall accept or receive another Hogshead, in Lieu of that refused, before such Hogshead so refused shall be viewed as aforesaid, he shall forfeit and pay Ten Pounds for every such Hogshead.

XXXVIII. And be it further Enacted, That when any New Inspector or Inspectors shall be appointed at any of the said Warehouses such Inspector or Inspectors shall, and they are hereby required, to give to the Person or Persons whom they shall succeed, a Receipt, with his or their Hands subscribed, containing the Numbers, Marks, Tare, Gross, and Nett Weight, of all and every Hogshead or Cask of Tobacco which shall be then remaining at the Warehouse or Warehouses at which they were appointed Inspectors; with the Delivery and Payment of which said Hogsheads or Casks of Tobacco so remaining, he or they shall, from thenceforth, be chargeable and liable, but he or they shall in no wise, be accountable or answerable for the Loss of Weight, or for Quality, of Tobacco contained in any Hogshead for which such Receipt was by him or them so as aforesaid given: And if any Hogshead or Cask of Tobacco shall hereafter be received by any Person, or Persons whatsoever, and delivered out of any of the said Warehouses for Exportation, by the Inspector or Inspectors attending the same, such Inspector or Inspectors, from the Time of such Delivery, shall be forever discharged and acquitted from all Actions, Costs and Charges, for or by Reason of the Tobacco contained in any such Hogshead or Cask being unsound and unmerchantable, or of less Quantity than the Notes or Receipts given for the same; anything herein contained to the contrary notwithstanding. And when any Prized Tobacco shall be brought to any Public Warehouse, in order to be shipped on Freight, and the Inspectors there attending shall refuse to pass such Tobacco, as bad and Unmerchantable, and such as is bad and unmerchantable, shall be picked and separated from the rest; or where any Light Crop Tobacco shall hereafter be brought to any of the said Warehouses; in either Case, the said Inspectors, if required, shall permit, the Owner or other Person bringing such Tobacco, to make Use of One or more of their Prizes, for the repacking, prizing, or making heavier such Tobacco, without Fee or Reward, And if there shall be several Hogsheads of Tobacco belonging to several Owners, to be picked, repacked, reprized, or made heavier, at any Public Warehouse, the Owner or other Person, bringing the same, whose Tobacco shall be first viewed, and refused, or found light, shall be first permitted and allowed to make Use of such Prize or Prizes; and the same Rules shall be observed in the Prizing all Tobacco which shall be picked, repacked, reprized, or found Light, as aforesaid: And for all Tobacco repacked, or reprized, by the Owner thereof, or the Servants and Slaves to him belonging, there shall be paid to the Inspectors thereof, only Three Shillings, for stamping; and for all Tobacco repacked and prized by the Inspectors Five Shillings for each Hogshead; and also Six Pence for Nails, unless the Proprietor shall provide and find Nails: And no Inspector shall take or convert to his Use, or otherwise dispose of, any Draughts or Samples of Freight and Crop Tobacco, but the same (if fit to pass) shall be put into the Hogshead out of which it was drawn, under the Penalty of Forfeiting Twenty Shillings for every Draught so taken away contrary to the Directions of this Act; to be recovered before any Justice of the Peace of the County wherein such Offence shall be committed: And all Inspectors, if required, shall alter the Mark and Number, of any Hogshead of Tobacco for which they have before given a Receipt; and for preventing Confusion and Mistakes, shall keep a Waste Book, in which shall be entered the Marks and Numbers of all hogsheads of Tobacco received by them and another book in which shall be entered the marks and numbers thereof, when the same

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shall be delivered out by them: And all the Inspectors when required, shall be obliged to prize any Hogshead of Tobacco, under Nine Hundred and Fifty Pounds Nett, so as to make it up that Weight, but shall receive the same Fee, upon such Hogshead, as for Transfer Tobacco, and may make the lawful abatement of the Tobacco Prized in: And where any Tobacco shall be brought to, any Warehouse by the Overseer of the Owner thereof, the Inspectors shall give Notes or Receipts in the Name of the Owner, and not the Overseer.

XXXIX. And be it further Enacted, That the Owner of any Transfer Notes may, at any Time before the First Day of October in every Year, receive and Mark Hogsheads of Tobacco, for satisfying such Notes, and the Inspectors, shall take in their Former Notes, and deliver Crop Notes and Receipts for such Hogsheads, and shall be answerable for the safe Keeping thereof, in the same Manner as they are for Crop Tobacco; but the Person receiving such Hogsheads, shall pay to the Inspectors Five Shillings, and Six Pence, for the Inspection, and Nails, for every Hogshead; that is to say, Two Shillings and Six pence down, and Three Shillings when the Tobacco shall be delivered: And the Inspectors shall, at the Court held for their County next after the First Day of October yearly, lay before the Court an Account, on Oath, of all the transfer Notes that were not by them taken in, and received before, the said First ay of October; and after such Account exhibited, and Oath Made, shall sell the Tobacco in such Notes contained, deducting the Allowance for Shrinkage and Wastage, at Public Auction, at the Door of the Court House, between the Hours of Twelve and Three; and the Inspectors shall pay the Money arising by such Sale, in Satisfaction of their Notes from Time to Time, to the Proprietors thereof, making their Demand, under the same Penalty as is inflicted for not paying Inspectors Notes: And all Inspectors shall keep a Just and True Account of the Tobacco gained or saved, upon the Allowance for Cask, and for Shrinkage of Transfer Tobacco; and if any Tobacco shall be gained or saved, shall exhibit an Account thereof, upon Oath, in the Same Manner as is before directed concerning Transfer Tobacco not received; and shall also sell the Tobacco so gained and saved, in the same Manner as is directed for the Sale of Transfer Tobacco; and shall account for the Money arising by such Sale, to their County Court, in their next Account with the Court; and no Inspector shall convert any Tobacco so gained to his Own Use.

XL. And be it further Enacted, by the Authority aforesaid, That all Inspectors shall, annually at the next Court which shall be held for their County after the First Day of October, account with the said Court, upon Oath, for all Monies received or which shall or ought to be received by them, by Virtue of this Act, (except the Money paid for Nails) in which Account they shall be allowed their Salaries, and other Necessary Disbursements, in Pursuance of this Act.

XLI. And for the Better detecting of Inspectors who shall not do their Duty, and the more Speedy and Easy Examination into Complaints against them; Be it further Enacted, That any Two Justices of the Peace, not being Inspectors, shall have full Power to hear all Complaints against any Inspector within their County, and to take the Deposition of Witnesses upon the Matter of such Complaint, on both sides, which shall be transmitted by them to their County Court, for their Determination; and moreover any Two Justices shall have Power to visit all or any of the Public Warehouses within their County; and if they shall discover any Neglect in the Inspectors either in securing the Tobacco, or in stowing the same away in a Proper Manner, for saving the Room in such Houses, or that they do not keep a sufficient

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Number of Hands for dispatching the Business, or do not attend according to the Directions of this Act, and the Court, or that they are Guilty of any other Breaches of their Duty, the said Justices shall certify the Court thereof; and if any Inspector shall be adjudged guilty of a Breach of his Duty, he shall be removed by the Court, and another appointed to succeed him, and shall forever after be incapable of serving as an Inspector; And if any Inspector shall be removed from his Office, upon a Complaint and Prosecution, against Him, in the Method by this Act prescribed, he shall be liable to the Action on the Case of the Prosecutor, for his necessary Costs and Expences, in such Prosecution, in which the Prosecutor, shall recover his full Costs of Suit; and every such Inspector shall moreover be liable to the Action of the Party Grieved, for all Loss and Damage that may happen or arise to any Person, by Occasion of any Failure of Duty or neglect of Any Such Inspector; in which Action, the Plaintiff shall recover his Costs, altho' the Damages do not exceed Twenty Five Shillings.

XLII. And be it Enacted, by the Authority aforesaid, That all the Penalties and Forfeitures in this Act contained, and not hereinbefore particularly appropriated, shall be, one moiety to our Sovereign Lord the King, his Heirs and Successors; to be applied towards defraying the Charges, of the Execution of this Act in the respective Counties, wherein the Penalties or Forfeitures respectively shall accrue, and the other Moiety to the Person who shall inform or sue for the same; and shall and may be recovered, with Costs by Action of Debt, Bill, Plaint, or Information, in any Court wherein they are Cognizable, if above Twenty Five Shillings, Proclamation Money, and where the same does not exceed that Sum, before any Justice of the Peace of the County wherein the Offence shall be committed.

XLIII. And be it further Enacted, by the Authority aforesaid, That when any Action shall be commenced, and prosecuted against any Sea-faring Person, founded on this Act, such Person shall be compellable to give Bail to the Sheriff or other Officer, as if such Action had been founded on Contract, and such Person shall not be admitted to appear and Plead to such Action, until he shall have given Bail: Any Law, Usage or Custom to the contrary notwithstanding.

XLIV. And be it further Enacted, That this Act shall commence and be in Force, from and after the Tenth Day of June next, and shall continue in Force until the First Day of October, which shall be in the Year of Our Lord One Thousand Seven Hundred and Fifty Nine, and from thence to the End of the next Session of Assembly.

CHAPTER X.
An Act to Facilitate the Raising Recruits to Serve his Majesty in the Intended Expedition Against the French on the Ohio, and Guarding the Frontiers of this Province. Expunged.

[Full text of this chapter is available at vol. 25, p. 310.]

CHAPTER XI.
An Act for appointing the several Ferries therein mentioned, and for obliging the Commissioners of the several Districts to make Roads to the same.

I. Whereas a ferry from the Town of Wilmington to the Point of Marsh at the mouth of the Thoroughfare; also another at the upper End of a Bluff

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called Mount Misery, on the East side of the North West Branch of Cape Fear River, over to a Marsh opposite thereto, would be found very useful, not only to all Travellers, but also to the Inhabitants of New Hanover, and the upper Counties:

II. We therefore pray that it may be enacted, and be it enacted, by the Governor, Council, and Assembly and by the authority of the same, That a Ferry from the Town of Wilmington to the Point of Marsh at the Mouth of the Thoroughfare and another from the upper End of the Bluff of Mount Misery aforesaid, over to the Marsh opposite thereto, be, and are hereby appointed public ferries, to be rated by the Court of New Hanover County.

III. And be it further Enacted, by the authority aforesaid, that the Commissioners of the Roads for the North East Branch of Cape Fear River, as far up as Burgaw Creek, and so over to Widow Moore's Creek on Flat River, are hereby required, within two years from the Twenty-fifth day of March next after the passing of this Act, to cause a Road to be made from the Point of Marsh at the Mouth of the Thoroughfare, opposite to the Town of Wilmington, to Mount Misery, on the North West River aforesaid: And that the Commissioners of the Roads for the North West District in New Hanover County, are likewise hereby required, within two years from the Twenty-fifth day of March next after the passing of this Act, to cause a road to be made from the Marsh right opposite to Mount Misery aforesaid into the Road leading from the North West to the Town of Brunswick.

IV. And be it further enacted, by the authority aforesaid, That in case the Commissioners of the Roads for the several Districts aforesaid, or either of them shall refuse or neglect to make, or cause to be made, such Roads as aforesaid: then, and in such case, they, or either of them so neglecting or refusing, shall forfeit and pay the sum of fifty pounds, Proclamation Money; to be recovered by action of Debt, in the Supreme Court, by any Person who shall sue for the same; wherein no Essoign, Injunction, Protection or Wager of Law shall be allowed or admitted of.

V. And be it further Enacted, That one fifth part of the fines and Forfeitures becoming due by Virtue of this Act, shall be to the Person or Persons suing for the same; the other four fifths shall be applied to the County Court, for and towards making the Road in such District where the same shall and may become forfeited.

VI. And to the end that the said Roads may be laid out in the speediest and best manner; Be it enacted by the Authority aforesaid, That the Commissioners aforesaid, within their respective Districts, shall, within four months next after passing this Act, stake, or cause to be staked out, in the most direct and convenient manner, according to the intent of this Act, the High Road from the present High Road at the Branch next to the House of Mr. Job Howe, on the North West side thereof to the Point opposite to Mount Misery; and from Mount Misery to the Point opposite to Wilmington; And if the said Commissioners or any of them, shall not, within the term of four months hereinbefore prescribed, stake out, or cause to be staked out, the High Road aforesaid, according to the directions of this Act in such case it shall and may be lawful for the Justices of the Peace of the said County on Information being made to them of such disobedience or Neglect of any of the said Commissioners, at any Court to be held for the said County, after the expiration of the said Four months, to appoint such person or persons as the said Court shall think proper, to lay and stake out the said High Road, according to the intent and meaning of this Act, at the Cost and Charges of the Commissioners neglecting to or refusing to stake out the aforesaid High Road as herein is before directed; which cost and charges

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shall and may be recovered by the person or persons intituled to the same, by action of Debt, Petition or otherwise, in any Court of Record where the same is cognizable; and the High Road so laid out by the authority of the said Court, shall be to all intents and purposes, the High Road, as effectually as if the same had been laid out by respective Commissioners of the Roads.

VII. And whereas the said High Road will tend to the great Ease and Convenience, not only of the said Districts, but also to the Inhabitants of the Town of Wilmington, and of the Districts adjacent, who have been long exposed to great hardships and expenses, and at some times to the Danger of their Lives, from want of the said Roads; Be it therefore Enacted that as soon as the said Road shall be staked out, in manner as hereinbefore directed, it shall and may be lawful for the Inhabitants of the Town of Wilmington, and for the Inhabitants of any other District in the County of New Hanover, or in the County of Bladen, or any of them to send, at any Time, proper for working on the said High Road, a Number of not less than Ten able Persons, to work on the said Road, under the direction of such an overseer as shall be approved by the Commissioners of the District where they are to work, or the Majority of them; and every such overseer certifying or making Oath, if required, what Number of Persons have wrought on the said Roads, and for what time such Certificate shall be countersigned by the Commissioners of the Roads where such work shall have been done, or the Majority of them the like Number of Days shall be allowed to the Person or Persons possessed of such Certificate, out of the Work that otherwise would have been due from him or them within his or their respective Districts; any Law, Usage or Custom, to the contrary, notwithstanding.

CHAPTER XII.
An Act to establish a Public Ferry from Newby's Point to Phelps' Point whereon the Court House now stands, on Perquimons River. Exp.

[Full text of this chapter is available at vol. 25, p. 311-312.]

CHAPTER XIII.
An Act to amend An Act intitled An Act for Destroying Vermin in this Province. Rep.

[Full text of this chapter is available at vol. 25, p. 312.]

CHAPTER XIV.
An Act to repeal an Act, passed by the General Assembly, held at New Bern the Sixth Day of April, in the year of our Lord One Thousand Seven Hundred and Forty Eight, intituled an Act to prevent the Exportation of raw Hides, Pieces of Hides, and Calf Skins, out of this Government.

I. Whereas an Act, passed by the General Assembly, held at New Bern, the Sixth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Eight, intituled, An Act to prevent the Exportation of raw Hides, Pieces of Hides, and Calf Skins, out of this Government, is found by experience, to be very inconvenient and prejudicial, in many Respects to the Inhabitants of this Province, and not to answer the good ends intended thereby: Therefore,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the aforesaid Act, and every Matter and Thing

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therein contained, shall be and is repealed, determined, made void, and of none effect and force, as if the same had never been made.

CHAPTER XV.
An Act to Prevent Malicious Maiming and Wounding.

I. Whereas many mischievous and ill-disposed Persons have of late, in a malicious and barbarous Manner, maimed, wounded and defaced, many of his Majesty's Subjects: For the Prevention of which inhuman Practices,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That if any Person or Persons, from and after the ratification of this Act on Purpose, shall unlawfully cut out, or disable the Tongue, put out an Eye, slit the Nose, bite or cut off a Nose or Lip, bite or cut off or disable, any Limb or Member of any Subject of his Majesty in so doing to maim or disfigure in any of the Manners before mentioned, such his Majesty's Subjects; that then and in every such case, the Person or Persons so offending, their Counsellors, Abettors and Aiders, knowing of, and privy to the offense as aforesaid, shall be, and are hereby declared to be felons, and shall suffer as in case of Felony; provided that no Attainder of such Felony shall extend to corrupt the Blood, or forfeit the Dower of the Wife, or the Lands, Goods, or Chattels, of the Offender.

CHAPTER XVI.
An Act to confirm an Agreement made by the present Church Wardens and Vestry of Christ Church Parish, in Craven County; with the Rev. James Reed.

I. Whereas the Church Wardens and Vestry of the Parish of Christ Church heretofore sent to England an Order of Vestry of the said Parish, thereby promising, amongst other Things, the Sum of One Hundred and Thirty Three Pounds Six Shillings and Eight Pence, Proclamation Money, per Annum, to be paid to a Minister of the Church of England, in consideration of having divine Service performed at the Church of the Parish aforesaid, and at the several Chappels within the said Parish, at the several Times herein specified: And whereas in Consequence of the said Order, the said Rev. James Reed, at great Charges and Expence, transported himself from England hither, and hath officiated and performed Divine Service at the said Church, and at the several Chappels within the said Parish One year and upwards, to the Approbation of the said Parish; and the said Church Wardens and Vestry, having contracted and agreed with the said James Reed that they will give and pay unto him, during the Time he shall continue to perform Divine service at the Church of the said Parish in New Bern, and at the several Chappels within the said Parish now erected the Sum of One Hundred and Thirty Three Pounds Six Shillings and Eight Pence, Proclamation Money, per annum and find and provide a good Glebe House, Kitchen, and other necessary Houses, on a lot in New Bern, and the said Lot to be well and sufficiently paled in, in Consideration of which, the said James Reed covenanted to perform Divine Service at the said Parish Church in New Bern all Sundays in the Year, except such as he shall be attending the Chappels within the said Parish, or have leave from the Vestry to be absent; at each of which said Chappels the said James Reed shall attend and perform divine Service, Three Times in each Year; Therefore,

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II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said Contract so made by and between the said James Reed and the said Church Wardens and Vestry of the Parish of Christ Church aforesaid, is hereby confirmed, and shall be good and valid in Law, and shall be binding, to all Intents and Purposes, as well on the said James Reed as on the said Church Wardens and Vestry, and their Successors, Church Wardens and Vestry of the said Parish.

Signed by
ARTHUR DOBBS, ESQ., Governor.
Matthew Rowan, President.
JOHN CAMPBELL, Speaker.