CHAP.
XVIII.
Penalty for
taking Tobacco
on
board in
Bulk, viz.
On the Skipper
of any
Sloop or
Boat.
on Masters of
Ships,
on Servants
or Slaves employed
in
Boats, &c.
on the Skipper,
if a Servant,
and not
able to pay.
On the Owner
of such
convicted
Skipper, if
again trusted
with the Care
of his Boat.
Proviso, in
regard to Tobacco
carrying
by Water
to Inspecting
houses, &c.
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IV. And forasmuch
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 Warehouses, whereby the Evil
of
Exporting trash Tobacco may still be continued; Be
it further Enacted, by
the Authority aforesaid, That if any Person, taking upon himself to
carry any
Tobacco to or from any of the said Warehouses, in his Sloop, Boat, or other
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
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 weight
of such Tobacco, and so proportionably for a greater or lesser Quantity:
And
the Master or Commander of any Ship or Vessel 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 every Servant, Slave, or other Person, employed
in Navigating any such Sloop, Boat, or other Vessel, who shall connive
at, or
conceal, the taking or receiving on board any Tobacco in Bulk or Parcel
as
aforesaid, shall, by Order of any one Justice, receive on his bare Back,
Thirty-nine Lashes, well laid on: And if such Sloop, Boat, or other
Vessel,
be under the Care and Management of a Servant who cannot satisfy and pay
the said Penalty, then such Servant, and every other Person employed under
him, who shall be guilty of conniving at, or concealing, the taking on
board
Tobacco in Bulk or Parcel as aforesaid, shall, upon Complaint thereof made
to any Justice of the Peace, have and receive, by Order of the said Justice,
Thirty-nine Lashes well laid on. And if such Servant shall be
again trusted
with the Care and Management of any Sloop, Boat, or other 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 Hundred Pounds weight of such
Tobacco, and so in Proportion for a greater or less 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 Sloop, Boat, or other Vessel, to him belonging:
To be recovered
and applied as aforesaid.
V. Provided always,
That nothing therein 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, Debts, or other Duties; nor to
prohibit any Person to put or take on board any Sloop, Boat, or other Vessel,
any Hogsheads, Casks or Cases of Tobacco, to be Water-born to any
Warehouse or Warehouses appointed by this Act, so as the same be not carried
out
of the Naval Officer's District wherein the said Tobacco shall be
made; nor to prohibit the Owner of any Tobacco to transport his Crops,
or
any Part thereof, in Hogsheads, Casks or Cases, from one Place to another,
for the better handling and managing thereof; nor any Purchaser of Tobacco
from bring the same by Water to be re-packed, sorted, stemmed, or prized,
before the same be carried to the said Warehouse, so as such last-mentioned
Tobacco be packed in Hogsheads, Casks or Cases.
VI. And be it
further Enacted, That if the Skipper of any Sloop, Boat,
or other Vessel, or other Person or Persons to whom the Care and Management |
