to view and examine the same, in such Manner as they shall think fit:
And
if any Two of them shall adjudge the Tobacco, or any part thereof., o tendered
or offered in Payment, to be bad, unsound, or 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 bad, unsound, and unmerchantable
Tobacco therein, to be burnt. And for their Trouble, the said Three
Planters, who shall be present at such View, shall be paid by the Inspector
of Inspectors, who offered the same in Payment, Forth 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 good, sound, and merchantable,
according to the Directions of this Act, the said Planters so attending
shall be paid by the party desiring such View, Forty Pounds of Tobacco
each,
as aforesaid., And when any Tobacco shall be tendered 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.
LXIII. Provided
always, and be it Enacted, That where Two Inspectors
in the same Inspection, shall disagree as to the Quality of any Hogshead
or Hogsheads of Tobacco, and that a Review shall be required, and such
Hogshead or Hogsheads, 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
or
Tobaccoes, shall not be burthened with making Satisfaction for the same,
or
any Part or Parcel thereof; but then, and in such Case, the other Inspector
who would have passed 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.
LXIV. And when
any prized Tobacco shall be brought to any public
Warehouse, in order to be Shipped on Freight, and the Inspector or Inspectors
there attending, shall refuse to pass such Tobacco, unless such as
shall
be bad and unmerchantable be picked and separated from the rest, in such
Case, the said Inspector or Inspectors, shall permit the Owner, or other
Person
bringing such Tobacco, to make use of one or more of their Prizes, for
the re-packing and prizing of such Tobacco. And if there shall be
several Hogsheads
of Tobacco belonging to several Owners, to be picked, re-packed
and prized, at any public Warehouse, the Owner, or other Person bringing
the same, whose Tobacco shall be first viewed and refused, shall be first
permitted
and allowed to make use of such Prize or Prizes; and the same Rule
shall be observed in the prizing all Tobacco which shall be picked, re-packed,
and prized as aforesaid. and for all Tobacco re-packed and prized
by
the Owner thereof, or the Servants and Slaves to him belonging, there shall
be paid to the Inspectors thereof, only Twenty-eight Pounds of Tobacco
on
the Eastern Shore, and Twenty-four Pounds of Tobacco on the Western
|
CHAP.
XVIII.
The Judgment
of two
of them to
determine,
&c.
Their FEes,
and by whom
to be paid.
Tobacco so
offered, and
refused, not
to be changed
without being
viewed,
as aforesaid.
Penalty on
the Inspector
offering,
and the Person
accepting
other Tobacco.
In Case one
of the Inspectors
had originally
refused
such Tobacco,
he
shall not be
liable.
Crop Hogsheads
refused
by the Inspectors
may
be picked,
&c.
Owners
thereof may
have the Use
of the Prizes
for that Purpose,
in their
Turn.
Allowance
per Hogshead
for Tobacco
inspected, if
re-packed,
&c. by the
Inspectors. |
