|
TOBACCO DEBTS.
8. In case Security be taken
for Payment of any
Tobacco Debt, contracted before the 15th May 1747,
to be paid in Inspected Tobacco; such Tobacco so
secured to be paid shall be liable to a Deduction of
one Fourth Part. And on Suit brought, the Plaintiff
may be interrogated by the Court, in the same Manner,
(see above, Art. 3,) by the Court, as where Security
hath been taken for the Payment of Money, instead of
Tobacco. Ibid. §. 128.
TOBACCO DUTIES.
1. Tobacco exported out of this
Province is subject
to a Duty of One Shilling Sterling per Hogshead, for
the Support of Government. 1704, ch. 42.
See Support
of Government.
2. Persons having the Property
or Disposal of Tobaccoes
in the upper Parts of the Province, who shall
permit or connive at the carrying the same out of
their Custody, in order to be carried over Land into
Pennsylvania, before the Duties payable thereon
(by the
Statutes of England and Laws of this Province)
are
answered to the proper Officer, and a Certificate of
such Payment, &c. obtained from such Officer; and
the Owners, Purchasers, and Carriers of such Tobacco,
and their Assistants and Abettors, shall forfeit 10 l.
Sterling for every Hogshead, or every 400 lb Tobacco
so carried, &c. One Half to the Informer, the
other
Half to the Support of Government. 1707, ch.
5.
TOBACCO-HOUSES.
Persons wilfully Burning Tobacco belonging
to others,
or any Tobacco-house having Tobacco therein,
and the Aiders and Abettors, shall suffer Death as
Felons without Benefit of Clergy. 1744, ch.
5,
§. 3.
See House-breaking, 3.
TOBACCO INSPECTED.
1. All Tobacco, before Exportation,
shall be brought
to and inspected at some Public Warehouse appointed
by this Act, and there Inspected according to this Act.
1763, ch. 18, §. 2.
2. No Tobacco shall be put on
board, or received
into any Ship or Vessel, in order to be exported
in Bulk; nor in any Hogshead, Cask or Case, unless
the same shall have been inspected, and received or taken
on board at some Public Warehouse, and at no
other Place whatsoever. Ibid. §.
3.
3. Every Master, Mate or Boatswain,
before the
Ship or Vessel shall be permitted to take Tobacco on
board, shall make oath, &c. before the Naval Officer,
and subscribe the same, that they will not permit any
Tobacco to be taken on board, unless the same be packed
in Hogsheads, &c. stamped by some Inspector, &c.
And if the Master cause any other Person than his
own Mate or Boatswain to come and take such Oath,
he shall forfeit 4800 lb Tobacco. Ibid.
4. Any Master or Commander of
a Ship or Vessel,
taking, or suffering to be taken on board, any Tobacco
not brought from a Public Warehouse, and stamped
by a legal Inspector, shall forfeit 4800 lb Tobacco for
every such Hogshead, Cask or Case of Tobacco; and
all such Tobacco shall be forfeited. Ibid.
5. Persons undertaking to carry
Tobacco for Hire,
to or from Inspecting-houses, who shall take, or permit
to be taken on board their Sloops, Boats, &c. any
Tobacco in Bulk or Parcels, shall forfeit at the Rate
of
240 lb Tobacco, for every 100 lb of such Tobacco, and
the Tobacco shall be forfeited, and liable to Seizure
by
any Person whatsoever. And Masters of Ships, wherein
any such Tobacco is found, are liable to the same Penalty,
besides Forfeiture of the tobacco. To be recovered
if not exceeding 1200 lb Tobacco, before any
Three Neighbouring Justices; and if above that Quantity,
then in any Court of Record, together with Costs.
Every Servant, Slave or other Person employed in navigating
such Sloop, Boat, &c. who shall connive at
or conceal the taking on board Tobacco in Bulk, shall, |
TOBACCO INSPECTED.
by Order of any Single Magistrate, receive Thirty-nine
Lashes: And if the Skipper of such Boat, &c.
be a Servant, and unable to pay the Penalty, he, and
every other Person under him, guilty of the same, shall
suffer like corporal Punishment. And if such Servant
be again trusted as Skipper, and be a second Time convicted,
his Owner shall pay the above Penalty, and
also forfeit 60 lb Tobacco for every Day such Servant
shall be employed as Skipper of any Sloop or Boat to
to him belonging.--But this shall not extend to prohibit
the carrying of Tobacco by Water in Bulk, or in
Hogsheads, &c. to Inspecting-houses, so as the same
be not carried out of the Naval Officer's District
wherein made; nor Owners or Purchasers of Tobacco,
to transport their Crops, or Purchases, in Hogsheads,
&c. by Water, from one Place to another for the better
managing, sorting, &c. thereof, before carrying
the same to the Public Warehouses. Ibid.
§. 4, 5.
6. If the Skipper of any Sloop,
Boat, &c. intrusted
with the conveying of Tobacco, shall Land any Hogshead,
&c. at any other Place than at some Inspecting-house,
(unless for the actual Preservation of such Tobacco,
and thereafter, with all convenient Speed, to be
carried to the Warehouse, or Ship, to which it was
designed, without Imbezzlement,) or put the same on
board any other Vessel; or shall, either before or after
Inspection, fraudulently open any Hogshead, &c. and
take thereout any Tobacco; he shall suffer by Whipping,
Pillorying, and Paying the Four-fold, as in
case of Felony. Ibid. §. 6, 7.
7. Inspected Tobacco, so damaged
in its Carriage
to the Ship, as that the Master will not receive it,
shall immediately be carried to some Inspecting-house,
and there separated; and the remaining good Tobacco
to be Stamped by the Inspectors without Fee. Ibid.
§. 8.
8. Inspectors shall carefully enter into their
Books,
the Marks, Number, Weight, and Tare, of all Tobacco
by them viewed and stamped; and in what
Ships laden. And shall, with every Craft-Load, send
a List of the Marks, &c. of every Hogshead to
be given to the Master of the Ship in which it is to be
put on board. And, if intended for several Ships,
then to send distinct Lists of the Hogsheads to be put
on board them respectively. Which Lists every Master
of a Tobacco Ship shall lodge with the Naval-Officer
before Clearance. And if the Ship for which
intended, shall not be capable of Stowing the Tobacco
contained in such Lists, then the Owner of the Tobacco
may ship the same on board any other Ships,
the Masters indorsing on such Lists, the Marks and
Numbers of the Hogsheads by them taken on board,
and giving Notice to the Inspectors of the Warehouse
from whence brought. Or, if there by no other Ship
to receive it, the Master of the Ship to whom sent,
may put the Tobacco in the nearest Inspecting-house,
giving Notice to the Inspectors who stamped the same.
And then the Inspectors, to whom delivered, shall give
a Receipt, and be answerable for the same to the
Owner, without Fee. Ibid. §. 33.
9. No Skipper of any Craft shall take any Tobacco
from an Inspecting-house, to be carried on board any
Ship for Exportation, before he take the Oath prescribed
in this Section, (for which see the Act,) to be
administered by the Inspector: On Penalty of 3200 lb Tobacco
for every Hogshead taken on board before such
Oath taken; One Half to the Informer, or Persons Suing
for the same; and the other Half towards defraying
the Expences of the County in the Execution of this
Act. Ibid. §. 34.
10. Masters of Tobacco Ships, shall, on Clearing,
deliver to the Naval Officer, Three fair Manifests of
the Tobacco on board, expressing the marks, Number,
&c. and make Oath that the same is a Just and
True Account, &c. One of which Manifests shall be
annexed by the Naval-Officer, to the Certificate or
Clearance; another to be sent by him to the Chief |