Acts. 463

mentioned and Appointed every Person so offending and being there-
of Convicted shall for every such Offence forfeit and pay Sixteen
hundred Pounds of Tobacco to be recovered in any Court within
this Province to the Uses in this Act hereafter mentioned

Liber H. S.
No. 1
[Penalty]

And be it further enacted that when any Person shall be entituled
to receive a Hogshead of Tobacco by Virtue of any Inspector or
Inspectors Notes or Receipts the Inspector or Inspectors shall be
Obliged to open the Hogshead and shew such Tobacco to the Person
Demanding the same and also reweigh 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 in Payment as bad
unsound and unmerchantable such Person so refusing and not Ac-
cepting thereof shall make immediate Application to any one Justice
of the Peace in the County where such Warehouse shall be at which
the Tobacco so refused shall be offered or Tendered in Payment
who is no ways related to the Parties now concerned in Interest and
the said Justice by Warrant under his Hand shall immediately Ap-
point three of the most able Planters well skilled in Tobacco and
who are no ways related to the Parties or concerned in Interest to
view and Examine the said Tobacco which said three Planters so as
aforesaid Appointed shall immediately repair before some Justice and

[If any Dis-
putes arise
about the
quality of
Tobacco, the
same to be
decided by 3
skillful
planters ap-
pointed by a
Magistrate]

shall take an Oath or Affirmation if a Quaker before such Justice
which Oath or Affirmation such Justice is hereby impowered and re-
quired to Administer carefully to View and examine the said Tobacco
and to the best of their Skill and Judgment not to pay any Tobacco
that not sound well Conditioned Merchantable and Clear of Trash
According to the Directions of this 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 Planters
so Sworn are hereby directed impowered and Required upon such

[The 3
Planters to
be sworn]

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

p. 474

any two of them shall Adjudge the Tobacco or any part thereof so
tendered or offered in Payment to be bad unsound or Unmerchant-
able to Cause the same to be immediately burnt unless the said In-
spector or Inspectors shall desire to Pick the same in which Case
the said three Planters Chosen to view such Tobacco as aforesaid
shall Cause the said Inspector or Inspectors to pick the same and
shall Cause the bad unsound and unmerchantable Tobacco therein
to be burnt and for their Trouble the said three Planters who shall

[The Judg-
ment Of 2 of
them to de-
termine]

be Present at such View shall be paid by the Inspector or Inspectors
who offered the same in Payment forty Pounds of Tobacco each
and if the said Planters or any two of them shall Adjudge the To-
bacco so Offered or tendered in Payment to be good sound and
Merchantable According to the directions of this Act the said

[Their Fees,
by whom
paid]