172 Assembly Proceedings, November 16-December 23, 1773.

Liber R. G.

1773
[The Judg-
ment of 2
of them to
determine.]

in such Manner as they shall think fit and if any two of them shall
adjudge the Tobacco or any Part thereof so tendered or offered in
Payment to be unmerchantable to Cause the same to be immediately
burnt unless the said Inspector 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 unmerchantable Tobacco therein
to be burnt and for their Trouble the said three Planters who shall

[Their Fees,
by whom
paid.]

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
Tobacco so offered or tendered in Payment to be merchantable
according to the Directions of this Act the said Planters so attend-
ing shall be paid by the Party desiring such View forty Pounds

[Tobacco
offered, and
refused, not
to be
changed,
without
being
viewed, un-
der a Pen-
alty.]

of Tobacco each as aforesaid and when any Tobacco shall be ten-
dered or offered in Payment by any Inspector and refused the said
Inspector or Inspectors shall not be at Liberty to tender or offer
in Payment nor the Person demanding the same to receive any
Tobacco in Lieu 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 Payment 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 Payment 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 In-
spectors dis-
agree in
Opinion.]

And be it enacted that where two Inspectors in the same Inspection
shall disagree as to the Quality of any Hogshead of Tobacco and
that a Review shall be required and such Hogshead or any Part
thereof shall be by such Reviewers adjudged unmerchantable or be
burnt by the Directions of this Act that then and in such Case the

Inspector who was against first passing such Tobacco shall not be
burthened with making Satisfaction for the same or any Part
thereof but in such Case the other Inspector who would have passed

[Inspectors
not to give
Notes for
Tobacco un-
less they
have re-
ceived the
full Quan-
tity, &c.]

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
And be it further enacted that no Inspector or Inspectors shall
hereafter on any Pretence whatsoever presume to give out any
Note or Notes for Tobacco to any Person whatsoever unless he or