Acts. 171

by whom any such Notes for Tobacco as aforesaid shall be signed
shall refuse or delay to pay and satisfy the same when demanded

Liber R. G.

1773

every Inspector so refusing or delaying shall forfeit and pay to the
Party injured double the Value of Tobacco so refused or delayed
to be paid to be recovered with Costs if the Note or Notes so refused
or delayed to be paid exceed six hundred Pounds of Tobacco and
if the Note or Notes do not exceed six hundred Pounds of Tobacco
double the Value 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.

[Inspectors
not to delay
Payment.]

And be it enacted that during the Continuance of this Act no
tender of any Debt or Duty payable in Tobacco for any Contract
for Tobacco or Judgment or Decree on any Contract for Tobacco
or for any such Public or County Levy or Parish Assessment as
aforesaid shall be accounted Lawful unless Payment of the same
shall be tendered in Inspector or Inspectors Notes or Receipts on
all which Receipts for Crop Tobacco shall be allowed in such Pay-
ments after the Rate of four Pounds of Tobacco for every hundred
Pounds of Nett Tobacco therein contained

[What is
lawful
Tender.]

And be it enacted that when any Person shall be entituled to
receive a Hogshead of Tobacco by Virtue of any Inspector or In-
spectors Notes or Receipts the Inspector or Inspectors shall be obliged
to open the Hogshead and show such Tobacco to the Person de-
manding 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 unmer-
chantable such Person so refusing and not accepting thereof shall
make immediate Application to any one Justice of the Peace of the
County where such Warehouse shall be at which the Tobacco so
refused shall be offered or tendered in Payment who is no Ways

[Disputes
concerning
the Quality
of Tobacco
demanded of
Inspectors,
to be decided
by 3 skilful
Planters ap-
pointed by a
Magistrate.]

related to the Parties nor concerned in Interest and the said Justice
by Warrant under his hand shall immediately appoint three of the
most able Planters well skilled in Tobacco and who are no Ways
related to the Parties nor concerned in Interest to view and examine

p. 217

the said Tobacco which said three Planters so as aforesaid appointed
shall immediately repair before some Justice and shall take an Oath
or Affirmation if a Quaker before such Justice which Oath or Affir-
mation 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
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 Judgement and Conscience without Fear favour
Affection Malice or Partiality which said three Planters 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

[The 3
Planters to
be sworn.]