Acts. 305

Persons whatsoever; but such Master or Skipper offending herein
shall forfeit and pay Thirty Shillings for every Hundred Pounds
Weight of such Tobacco, and so proportionably for a greater or
lesser Quantity: And the Master or Commander of any Ship or
Vessel wherein any Tobacco in Bulk or Parcel shall be found, shall,

Liber H. S.
No. I

p. 39

over and above the Forfeiture thereof, be liable to the same Penalty :
To be recovered, if it doth not exceed Seven Pounds Ten Shillings
Current Money, before any Three Justices of the Peace of any
County, near the Place where such Ship, Sloop, Boat, or other
Vessel shall lie; and if it exceeds Seven Pounds Ten Shillings, in
any Court of Record, by Action of Debt, wherein the Plaintiff shall
recover Costs. And every Servant, Slave, or other Person, employed
in navigating any such Sloop, Boat, or other Vessel, who shall con-
nive at, or conceal, the taking or receiving on board any Tobacco
in Bulk or Parcel as aforesaid, shall, by Order of any one Justice,
receive on his bare Back, Thirty-nine Lashes well laid on: And if
such Sloop, Boat, or other Vessel, be under the Care and Manage-
ment of a Servant who cannot satisfy and pay the said Penalty, then
such Servant, and every other Person employed under him, who shall
be guilty of conniving at, or concealing, the taking on board Tobacco
in Bulk or Parcel as aforesaid, shall, upon Complaint thereof made
to any Justice of the Peace, have and receive, by Order of the said
Justice, Thirty-nine Lashes, well laid on. And if such 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 Parcel,
contrary to the Directions of this Act, the Owner of such Servant
shall forfeit and pay the like Sum of Thirty Shillings for every
Hundred Pounds Weight of such Tobacco, and so in Proportion
for a greater or less Quantity, so taken or received on board in
Bulk or Parcel; and shall also forfeit and pay Seven Shillings and
Six Pence for every Day such Servant shall thereafter be employed
as Skipper or Master of any Sloop, Boat, or other Vessel, to him
belonging: To be recovered and applied as aforesaid.

[Penalty and
Punishment
of Persons
conniving on
board such
Tobacco.]

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 Vessel, any
Tobacco in Bulk or Parcels, for the Payment of his or her Levies,
Debts, or other Duties; nor to prohibit any Person to put or take
on board any Sloop, Boat, or other Vessel, any Hogsheads, Casks
or Cases of Tobacco, to be water-born to any Warehouse or Ware-
houses appointed by this Act, so as the same be not carried out of

[Proviso, in
regard to
Tobacco for
the Payment
of Levies,
Debts, &c.]

the Naval-Officer's District wherein the said Tobacco shall be made ;
nor to prohibit the Owner of any Tobacco to transport his Crops,
or any Part thereof, in Hogsheads, Casks or Cases, from one Place
to another, for the better handling and managing thereof; nor any

p. 40.