CHAP.
XVIII.
Penalty.
But may receive
their
own Debts,
&c. in inspected
Tobacco.
Inspectors not
to accept of
any Fee, or
Reward, other
than allowed
in this
Act.
Penalty.
Persons offering
them any
Bribe or Reward;
Penalty.
Persons refusing
to accept
Tobacco offered
by Inspectors
in
Payment;
the same to
be decided by
Three skilful
Planters appointed
by a
Magistrate.
The Three
Planters to be
Sworn. |
or Inspectors), under the Penalty of Two Hundred and Forty Pounds of
Tobacco
for every Hundred Pounds Weight of Tobacco, and so in Proportion
for a greater or less Quantity, so Bought or Received, or procured to be
Consigned
or Laden on board such Vessel; to be recovered before One Magistrate,
as in Case of small Debts, where the Forfeiture does not exceed Six Hundred
Pounds of Tobacco, and where it exceeds Six Hundred Pounds of Tobacco,
in any Court of Record, with Costs of Suit, by Action of Debt, Bill, Plaint
or Information; one Half thereof to the Use of the Informer, and the other
to the several and respective Counties, to defray the Expence that hath
or may
accrue in the due Execution of this Act. Provided
always, That nothing
herein contained shall be construed to hinder any Inspector from receiving
his
own proper Debts or Rents in Tobacco, which shall be first viewed, examined,
and stamped, according to the Directions of this Act.
LXI. And for
the further and better Direction of the Inspectors aforesaid
in their Duty, Be it Enacted, That
no Inspector shall take, accept, or receive,.
directly or indirectly, any Gratuity, Fee, or Reward, for any Thing
by him to be done in pursuance of this Act, other than his Salary, and
the
other Payments and Allowances herein before mentioned and expressed.
And
if any Inspector shall take, accept, or receive any such Gratuity, Fee,
or Reward,
every such Inspector, being thereof convicted, shall forfeit and pay
Eight Thousand Pounds of Tobacco; to be recovered with Costs, by any
Person or Persons who shall inform, or sue for the same, by Action of Debt,
Bill, Plaint, or Information, in any Court of Record within this Province;
And moreover shall be disabled form holding the Place or Office of an Inspector,
or any other Office, during the Continuance of this Act. And if
any Person or Persons shall offer any Bribe, Reward, or Gratuity, to any
Inspector,
for any Thing by him to be done in pursuance of this Act, other
than the Fees and Allowances herein before mentioned and appointed, every
Person so offending, and being thereof convicted, shall for every such
Offence
forfeit and pay Sixteen Hundred Pounds of Tobacco, to be recovered in any
Court of Record within this Province; to the Uses in this Act hereafter
mentioned.
LXII. And be
it further Enacted, That when any Person shall be entitled
to receive a Hogshead of Tobacco, by virtue of any Inspector or Inspectors
Notes or Receipts, the Inspector or Inspectors shall be obliged to open
the
Hogshead, and shew such Tobacco to the Person demanding the same, and
also re-weigh the same if required, whether such Tobaccoes be Crop or Transfer:
And if such Person shall refuse to accept of the Tobacco offered or tendered
in Payment, as bad, unsound, and unmerchantable, such Person so
refusing and not accepting thereof, shall make immediate Application to
any
One Justice of the Peace, in the County where such Warehouse shall be,
at
which the tobacco so refused shall be offered or tendered in Payment, who
is no ways related to the Parties, nor concerned in Interest; and the said
Justices,
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, or concerned in Interest, to view and examine 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 Affirmation, 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 Judgment 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 |
