CHAP.
XVIII.
Penalty for
acting before
Security given,
or taking
the Oaths,
&c.
Times of the
Inspectors
Attendance.
Penalty for
Neglect.
The Duty of
Inspectors, in
viewing Tobacco.
What is to be
done when
Inspectors
disagree.
Inspector's
own Tobacco,
how
to be passed.
On case of one
Inspector's
Sickness, the
other may
act.
Feigning
Sickness, the
Penalty. |
Justice certified to the Vestry-men and Church-wardens of the Parish,
and an
Entry thereof made in the Book which the said Vestry are obliged to keep,
by this Act. And if any Person shall presume to execute the Office
of an Inspector,
before he has given such Bond, and taken such Oath, or Affirmation,
as aforesaid, as also the Oaths, or Affirmations, prescribed by Law to
be
taken to the Government, and subscribe the Oath of Abjuration, and repeat
and subscribe the Test, he shall forfeit and pay Eighty Thousand Pounds
of
Tobacco.
X. And be it
further Enacted, That all Inspectors to be appointed by virtue
of this Act, shall attend their Duty at the Warehouse, or Warehouses,
under their Charge, from the first Day of November to the first
Day of
April, as often as required; and constantly from the said first
Day of April,
to the last Day of July, yearly, (except Sundays and the Holidays
observed
on Christmas, Easter, and Whitsuntide, or when hindered by Sickness, or
in
such Cases wherein this Act shall otherwise provide): And afterwards,
they,
or one of them, shall constantly attend at the same (except on Sundays)
to
deliver out Tobacco for Exportation, 'til all the Tobacco remaining there
the said last Day of July, shall be so delivered: And every
Inspector neglecting
to attend, as aforesaid, shall forfeit and pay to the Party grieved, Sixty
Pounds of Tobacco, for every Neglect, or shall be liable to the Action
upon
the Case of the said Party grieved, to recover all Damages which he or
she
shall have sustained, by Occasion of such Neglect, together with his or
her full Costs, at the Election of such Party. And all Inspectors
shall uncase
and break every Hogshead, Cask and Case of Tobacco, brought to them to
be Inspected, as aforesaid; and if the Inspectors or Inspector (where One
only is appointed by this Act), shall be of Opinion, that the same is sound,
well-conditioned, merchantable, and clear of Trash, then such Tobacco shall
be weighed in Scales with Weights of the lawful Standard, and the Hogshead,
Cask, or Case, shall also be weighed by the said Inspector or Inspectors,
and
stampt and marked with a hot Iron, on the Head and Bulge, in the Presence
of
the said Inspector or Inspectors, as the Case shall be, with the Name of
the
Warehouse at which the Tobacco therein contained, shall be viewed and
inspected,
as aforesaid, and also with the Tare of the Hogsheads, Cask or Case,
and Quantity of nett Tobacco therein contained. But if at any House,
for
which by this Act Two Inspectors are appointed, the said Inspectors shall
at any
Time disagree concerning the Quality of any Tobacco brought for their Inspection
to any Warehouse under their Charge, they shall, without Delay, or
as soon as conveniently may be, call from the next adjacent Warehouse
or Inspection,
another Inspector, who shall determine the Difference, and pass, or
reject, such Tobacco. And when any Inspector shall bring his own
Tobacco
to the Warehouse whereof he is Inspector, the same shall not be passed
or
stamped, unless it be first viewed, examined, and found good, and qualified
as
aforesaid, by the other Inspector there attending, or by one or both the
Inspectors,
as the Case shall require, from the next adjacent Warehouse; and
in case that any Inspector shall bring his own Tobacco, to the Warehouse
whereof he is the only Inspector, the same shall be first viewed, and examined
as aforesaid, by the Inspectors or Inspector, of the next adjacent Warehouse.
XI. And be it
further Enacted, That it shall and may be lawful in case of
the Sickness or other Disability of one Inspector, that the other may
by
himself, and he is hereby authorized and impowered to do and execute all
the Powers and Authorities, which, by this Act, the Two Inspectors together
might do, as fully to all Intents and Purposes, as if they were both present.
Provided, That if any Inspector should
not be really Sick, but under Pretence
thereof absent himself from the Warehouse he ought to attend, and
from the doing his Duty there, he shall forfeit and pay for every Day he
shall
absent himself, the Sum of Three Hundred and Twenty pounds of Tobacco,
to be recovered before one Magistrate, as in Case of small Debts, one half |