Officer of the Customs in the intended Port; and the
Third kept in his Office.  Ibid.  §. 35.
    11.  No Commander of any Tobacco Ship shall remove
Freight Tobacco from any Warehouse, in order
to be put on board his Ship or Vessel, in any open
Boat, or undecked Vessel, without sufficient Covering
to secure such Tobacco against Rain, &c. under Penalty
of 1600 lb Tobacco for every Offense, to be recovered 
in any Court of Record:  One Half to the Informer,
the other Half to defraying the Charges of
putting this Act in Execution.  Ibid.  §. 139.
    12.  All Penalties under this Act, and not particularly
appropriated, shall be recovered in his Lordship's
Name:  One Moiety towards defraying the County
Charge, the other Half to the Person informing or
suing, where such Penalty exceeds 600 lb Tobacco:
But, if not exceeding that Sum, then before a single 
Magistrate.  Provided such Prosecutions be commenced
within One Year after the Offence committed.
Ibid.  §. 86.
    See Inspectors, per Tot.
TOBACCO inspected above Three Years.  See Inspectors,
    42, 43.

    N.B.  The following Articles contain the Laws for
        Regulating Tobacco Payments, which were in Use
        before the Introduction of Inspection Laws, but
        must continue Obsolete during the Existence of these
        Acts, which admit of no other Tender than that made
        in Inspectors Notes.  See Tobacco Debts.
    1.  On Refusal or Neglect of any Creditor to receive
Tobacco tendered in Payment, the Debtor may (at
any Time between the 1st November and 10th May,
yearly) apply to the next Justice; who, upon Oath
made of such Tender, &c. shall appoint Two indifferent
Freeholders to view and examine such Tobacco,
who shall take an Oath well and truly to try and
examine, &c.  And if upon such View, the Tobacco
shall be found clean, sound, and merchantable,
&c. they shall mark the same in Hogsheads, upon the
Head and Bulge, for such Creditor, and weigh the
same, and signify the Weight to the said Justice.
Which Tobacco shall thence forward be deemed the
proper Goods of the Creditor, and in absolute Discharge
of so much of the Debt as the Tobacco shall
weigh; provided each Hogshead weigh 500 lb Neat, or
upwards.  1713, ch. 3, §. 2; and 1724, ch. 6, §. 2.
    2.  The Creditor shall have Notice of such intended
View; and if he come not to the Place, and make
known the Circumstances  of the Contract, &c. by
producing the Specialty, &c. if the Tobacco be found
clean, sound and merchantable, it shall be marked in
Discharge of the Debt, be the same of what Nature
soever.  1713, ch. 3, §. 3.  But no Creditor shall be
obliged to receive Tobaccoes of less Weights or worse
Quality, than the Debtor contracted to pay, any Thing
in this, or the former Act, notwithstanding.  1724,
ch. 6, §. 3.
    3.  Tobacco to be paid the Sheriff for Public and
other Dues, &c. may be viewed in the Manner prescribed
by the Act of 1713, ch. 3.  And any Sheriff
executing such Party, without suffering such View,
and allowing a reasonable Time (not exceeding Ten
Days,) for the same, shall have no Fees, shall be liable
to Action of false Imprisonment, and pay double Damages
and Costs of Suit to the Party grieved.  1724,
ch. 6, §. 4.
    4.  Good Tobacco, clear of Trash, &c. in Hogsheads
of 500 lb Neat, being tendered and refused, (the
Debtor having the same ready to pay,) the Plaintiff,
on Suit commenced afterwards, shall lose his Costs,
and the Defendant's Costs to be deducted out of the
Debt, and the Plaintiff to have Judgment for the Balance.
And in case of such Recovery, if the Plaintiff
refuse, on Tender of the Tobacco, to receive

the same, and sue out Execution, whereby the Defendant
is taken and imprisoned, any Friend of the Defendant
may demand a Certificate of the Sheriff, at
whose Suit, and for what Sum the Prisoner is in Execution:
Which Certificate the Sheriff shall make out
within Five Hours after Demand, on Penalty of 2000 lb
Tobacco in Cask:  One Half to the Support of Government,
the other to the Party grieved.  Which
Certificate, any Friend of the Prisoner, may carry to
the next Justice; who (upon such Friend's averring
that the Prisoner hath Tobacco ready, and that he will
open and shew it,) shall either go in Person, or send
Two Sworn Freeholders to view and weigh the same:
And if the Tobacco be found, &c. and of sufficient
Weight to discharge the Debt, &c.  the Justice shall
give Notice to the Sheriff, that if he doth not come
and shew Cause to the contrary, he will cause the Tobacco
to be marked on the Creditor's Risque:  And, if
Cause be not shewn within 48 Hours, the Justice shall 
cause the Tobacco to be Marked and Numbered, and
send the Sheriff a Certificate of the Marks, Numbers,
and Place where it lies, on the Creditor's Account.
And in case the Prisoner be not in Custody on any other
Account, the Sheriff shall suffer him (on paying
or securing his Fees) to go at large, or be answerable
for False-Imprisonment.  1713, ch. 3, §. 4.
    5.  Steelyards for receiving Tobaccoes shall be Tried,
Stamped and Numbered, yearly, by the Standard-keeper
of the County, who shall have One Shilling
Fee.  And Persons receiving Tobacco by Steelyards
which have not been so Tried and Stamped, forfeit
500 lb Tobacco.  1715, ch. i10, §. 3 and 5.
    6.  Any Person refusing to pay Tobacco by Steelyards
so Stamped, &c. within the Year, and insisting
on their being Tried again, shall pay for such new
Trial and stamping if they be found True; otherwise
the Owner of the Steelyards shall pay.  Ibid.  §. 6.
    7.  Every Tobacco Plantation shall have a good Tobacco-house
built on it, with Door, Lock and Key,
sufficient to contain the Tobacco made thereon.  1715,
ch. 22, §. 1.
    8.  Every Planter paying any Tobacco to a Merchant
or other Person, shall keep and secure the same
as he would his won proper Goods, for one whole
Year from the Time such Tobacco was received.
And if any Damage or Imbezzlement happen for want
of such House (see Art. 7,) he shall make Satisfaction
to the Person who received the same.  But he shall not
be answerable for Damage happening thro' any other
Casualty whatsoever.  Ibid.  §. 2, 3.
    9.  In Case that Tobacco received and marked by
any Creditor, in Satisfaction for any debt (for which
the Creditor hath given up the Bills or other Security,
or given Discharges) so lying in the Tobacco-house of
the Debtor, shall be seized by the Sheriff, and the
Debtor refuse to make any other Satisfaction; any
two Justices, on Proof thereof, may award Execution,
(with Costs, not exceeding 100 lb Tobacco) on Request
of the Creditor, against the Body, Goods, and
Chattels of such Debtor, to be executed by the Sheriff,
in Satisfaction of the Debt and Cost, in as ample a
Manner as if the Debt was recovered by due Course
of Law.  Ibid.  §. 4.
    10.  Altering the Marks, or Quality of Tobacco, in
Hogsheads so received, without lawful Warrant under
the Hand of the Person receiving, or for whose use
the same was received, shall be adjudged Felony.
And Persons convict hereof shall restore Four-fold to
the Party grieved, and stand in the Pillory in Court-Time,
two Hours, with the Offence written on Paper
placed on their Backs.  Provided the Prosecution be
commenced within a Year and a Day.  ibid.  §. 5 and 6.
    11.  Persons guilty of false Packing (i.e. using any
fallacious, fraudulent or deceitful Mans to conceal or
hide any frost-bitten, trashy Ground Leaves, or small
dull Scrubs, or any Stalks, Stems, Wood, Stones,
Dirt, or any other Manner of Trash, or old decayed