464 Assembly Proceedings, October 4-November 26, 1763.

Liber H. S.
No. 1

Planters so Attending shall be paid by the Party desiring such View
forty Pounds of Tobacco each as aforesaid and when any Tobacco
shall be tendered or offered in Payment by any Inspector and re-
fused the said Inspector or Inspectors shall not be at Liberty to
tender or offer in Payment nor the Person Demanding the same to

[Tobacco
offered, and
refused, not
to be charged
without be-
ing viewed,
under a
Penalty]

receive any Tobacco in Leiu thereof before 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 Pay-
ment 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 Viewers in either Case it shall
be taken for a Conviction that the Tobacco first tendered in Pay-
ment was bad unsound and unmerchantable and moreover the said
Inspectors shall forfeit and pay Sixteen hundred Pounds of Tobacco
for every such Offence and if the Person who shall refuse any
Hogshead of Tobacco as aforesaid shall Accept and receive another
Hogshead of Tobacco in lieu of that refused before such Hogshead
so refused shall be viewed as aforesaid he shall forfeit and pay
Sixteen hundred Pounds of Tobacco for every Hogshead

[In case
Inspectors
disagree
in opinion]

Provided always and Be it Enacted that where two Inspectors in
the same Inspection shall Disagree as to the Quality of any Hogs-
head or Hogsheads of Tobacco and that a review shall be required
and such Hogshead or Hogsheads or any part thereof shall be by
such reviewers adjudged unmerchantable or be burnt by the Direc-
tions of this Act that then and in such Case the Inspector who was
against first Passing such Tobacco or Tobaccoes shall not be Bur-
thened with making Satisfaction for the same or any part or Parcel
thereof but then and in such Case the other Inspector who would
have passed the same and Approved thereof shall be burthened with
and make Satisfaction for the whole, any thing in this Act to the
Contrary in any wise notwithstanding

[What is to
be done by
the owner
of Tobacco,
when the
same is re-
fused by the
Inspectors]

And when any Prized Tobacco shall be brought to any Public
Warehouse in Order to be Shipped on Freight and the Inspector or
Inspectors there Attending shall refuse to pass such Tobacco unless
such as shall be bad and unmerchantable be picked and Seperated
from the rest in such Case the said Inspector or Inspectors shall
permit the owner or other Person bringing such Tobacco to make
use of one or more of their Prizes for the Repacking and Prizing

[Tobacco
first brought,
to be first
sorted]

such Tobacco And if there shall be Several Hogsheads of Tobacco
belonging to Several Owners to be Picked repacked and Prized at
any Publick Warehouse the owner or other Person bringing the
same whose Tobacco shall be first viewed and refused shall be first
Permitted and Allowed to make use of such Prize or Prizes and the

p. 475

same Rule shall be Observed in the Prizeing all Tobaccoes which
shall be Picked repacked and Prized as aforesaid And for all
Tobacco repacked and Prized by the owner thereof or the Servants