Place, be not then present, or being present, will not permit such
Entry,
then to enter forcibly into such, or any other such suspected Place, and
there
to search for any such Tobacco as aforesaid, and the same being found,
to take,
remove and carry away, not only such Tobacco as the said Search is or shall
be particularly mad for, but also to such trashy or unmerchantable Tobacco
as shall then there found, to the next Inspecting House, by such Officer
or Officers aforesaid; and in case neither of the Inspectors attending
that
House, shall happen to be present, then the said Magistrate, or Warrant
Officer
or Officers, or one of them, shall be, and he or they, are hereby authorized
and required, to summons one or both of the said Inspectors immediately
to attend at such Warehouse, and it is hereby declared to be the Duty of
such Inspectors or Inspector immediately to attend upon such Summons
accordingly,
and such Inspectors or Inspector so attending, shall search, view,
and examine such Tobacco, and if upon such View, Search, and Examination,
the said Tobacco, or any considerable Proportion thereof, shall appear
to him or them to be such as he or they are by this Act required and obliged
as Inspectors to pass, that then the same, or such Part thereof, shall
be by
him or them, in all respects treated, dealt with, and managed, as other
Tobacco
by them passed, is by this Act directed; the party owing or claiming
such Tobacco, paying or allowing to the Warrant Officer or Officers, after
the Rate of Eight Hundred Pounds of Tobacco for every Hundred Pounds of
such
Tobacco as shall as aforesaid pass Inspection, for carrying the same to
such
Inspecting House, which Rate or Proportion, after the Receipt thereof as
aforesaid, shall
be by the said Inspectors paid to such Warrant Officer or Officers, or
his or
their Order, upon Demand; and in case such Tobacco, or any Part thereof
as aforesaid, upon View and Examination as aforesaid, shall not by
such Inspectors or Inspector be passed, then such Tobacco, or such Part
thereof
as shall not pass Inspection as aforesaid, shall by such Inspectors or
Inspector,
after being by him or them weighed, be immediately burnt; and the
said Warrant Officer or Officers, shall have and receive as a Reward for
his
or their Diligence, in the Execution of this Clause of this present Act,
after
the Rate of Eight Pounds of Tobacco for every Hundred Pounds of Tobacco,
which shall be so taken and burnt as aforesaid, to be recovered either
against
the Person Owner of the said House, Vessel, or other Place, knowing
the
said Tobacco to have been there, or against the Person owning such Tobacco
at the Time of such Seizure by Warrant, before a single Magistrate out
of
Court, with full Costs, and to be levied by Way of Execution against the
Person,
Goods, or Chattels of the Party so offending, by the like Authority.
CXXXIV. And be
it likewise Enacted, That where any Person or Persons
whatsoever, shall discover under Carriage, any trashy or unmerchantable
Tobacco,
he or they so discovering, shall be, and they are hereby authorized and
required, to stop and seize such trashy or unmerchantable Tobacco, then
and
there found, and the same shall convey, or shall direct and require the
Party
or Parties so carrying the same as aforesaid, to carry such Tobacco to
the
next, or any other convenient Inspecting House, and that such Party or
Parties
refusing to carry the same, shall forfeit and pay, after the Rate of Four
Hundred Pounds of Tobacco for every Hundred Weight of such Tobacco,
upon every such Refusal, to be recovered as the Case as aforesaid may require,
before a single Magistrate, or in the County Court by Action of Debt, Presentment,
or Information; the one Half whereof to him or them that shall
sue or inform concerning the same, and the other Half to the Use of the
County where such Offence shall be committed, to be applied towards defraying
the Charge of Inspection as aforesaid; and in case neither of the Inspectors
attending that House, shall happen to be present, then the said Person
stopping and seizing the said Tobacco, is hereby directed to Summons one |
CHAP.
XVIII.
and on Refusal,
forcibly
enter, &c.
The Tobacco
found, to
be carried to
a Warehouse,
and there inspected,
and,
if good, to be
passed.
Allowance to
the Warrant
Officer for
Carriage;
if bad, to be
weighed and
burnt.
Reward to the
Warrant Officer.
Trashy Tobacco
under
Carriage may
be Seiz'd and
carried to an
Inspecting
House.
Penalty on
the Party refusing
to carry
the same.
The Tobacco
to be inspected,
&c. |
