Acts. 167

which shall not have been brought from one of the Public Ware-
houses or which shall not be stamped as aforesaid and moreover
every such Hogshead Cask or Case of Tobacco shall be forfeited.

And for as much as the permitting Tobacco in Bulk or Parcels
to be Water born on Pretence of being Carried to the Warehouses
established by this Act may give great Opportunity to the Clandestine
running the same on Board the ships lying at or near the said Ware-
houses whereby the Evil of exporting trash Tobacco may be still
Continued

Liber R. G.
1773

Be it enacted that if any Person taking upon himself to Carry any
Tobacco to or from any of the said Warehouses in his Vessel for
hire shall presume to take on Board or permit or suffer to be taken
on Board any Tobacco whatsoever in Bulk or Parcels such Tobacco
(except as before excepted) shall not only be forfeited and may be
seized by any Person or Persons whatsoever but such Master or
Skipper offending herein shall forfeit and pay two hundred and
forty Pounds of Tobacco for every hundred Pounds of Tobacco
and so proportionably for a greater or lesser Quantity And the
Master or Commander of any Ship or Vessell wherein any Tobacco
in Bulk or Parcels shall be found shall over and above the Forfeiture
thereof be liable to the same Penalty to be recovered if it doth not
exceed twelve hundred Pounds of Tobacco 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 twelve hundred
Pounds of Tobacco in any Court of Record by Action of Debt
wherein the Plaintiff shall recover Costs And if such Vessel be
under the Care and Management of a Servant who Cannot satisfy
and pay the said Penalty then such Servant shall upon Complaint
thereof made to any Justice of the Peace have and receive by Order
of the said Justice on his Bareback any Number of Lashes not ex-
ceeding thirty nine well laid on and if such Servant shall be again
trusted with the Care and Management of any such 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 two hundred and forty Pounds of Tobacco for every hun-
dred Pounds of Tobacco and so in Proportion for a greater or lesser
Quantity so taken or received on Board in Bulk or Parcel and shall
also forfeit and Pay sixty Pounds of Tobacco for every Day such
Servant shall thereafter be Employed as skipper or Master of any
such Vessel to him belonging

[Tobacco
may not be
taken on
Board any
Vessel in
Bulk or
Parcels.]

p. 213

[Penalty
and Punish-
ment of Per-
sons conniv-
ing at taking
such To-
bacco on
Board.]

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

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