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JOHN EAGER HOWARD, Esq; Governor.
manifest, or by springing a leak, or other accident, it may be necessary
to reland
the same, in such cases it shall and may be lawful to ship the said
tobacco, or any
part thereof, on board any other vessel the owner thereof shall think fit,
or if there
be no vessels to receive the said tobacco, then it shall and may be lawful
for the
master of the first mentioned vessel to put the said tobacco in the
nearest warehouse
to the place where such vessel shall ride, and the inspector or inspectors
of the warehouse where such tobacco shall be delivered, shall receive,
from the
person relanding the same, two shillings current money for every hogshead
so
landed, and shall give a receipt for the same, and shall cause the said
tobacco to
be safely lodged and delivered to the owner, or his order, when required,
without
any other fee or reward; and one half of the money so received shall
be paid to
the owner of the warehouse, and the other half may be retained by the inspector
or inspectors for his or their trouble. |
1789.
CHAP.
XXVI. |
XXXV. And,
for preventing the packing of tobacco in unsizable casks, Be
it enacted, That no tobacco shall be passed or accounted lawful
tobacco, except
tobacco in parcels, unless the same shall be packed in hogsheads not exceeding
forty-eight
inches in the length of the stave, and seventy inches in the whole diameter
within the staves at the crose and bilge; and the owner of tobacco packed
in any
hogshead of greater dimensions, shall repack the same in sizable hogsheads,
as
herein before expressed, at his own expence, before the same shall be passed. |
Tobacco not
to be passed
unless packed
in sizable
casks, &c. |
XXXVI. And be
it enacted, That if any person shall forge or counterfeit
any manifest or note of any inspector or inspectors, or alter the quantity
of tobacco
expressed in such manifest or note, or shall offer, or cause to be offered,
in payment, any such forged, counterfeited, or altered manifest or note,
knowing
the same to be forged, counterfeited or altered, and shall be thereof convicted
in the general court, or any county court, or shall refuse to plead,
he shall
be publicly whipped, not exceeding thirty-nine lashes, or fined in any
sum not
exceeding one hundred pounds, or shall be sentenced to hard labour for
any term
not exceeding seven years, or all of them, in the discretion of the court. |
Penalty for
forging manifests,
&c. |
XXXVII. And
be it enacted, That if any person shall export, or cause to be
exported, any hogshead of tobacco stamped with a forged or counterfeited
stamp,
or demand tobacco of any inspector or inspectors upon any forged, counterfeited,
or altered manifest or note, knowing such manifest or note, or such stamp,
to
be forged, counterfeited or altered, every person so offending, and being
thereof
convicted, shall receive thirty-nine lashes on his or her back, or be sentenced
to
hard labour not exceeding four years, or be fined not exceeding one hundred
pounds current money, or all, in the discretion of the court; and if
any person
shall put or pack any tobacco into any hogshead stamped by any inspector
or inspectors,
in lieu of tobacco inspected, or shall draw or take out any stave,
plank,
or heading board, of any hogshead of tobacco, after it shall be delivered
out
from any public warehouse, unless it be for the purpose of examining
the quality
of the tobacco by a person intending to purchase the same, every person
so offending,
upon conviction, shall be fined a sum not exceeding thirty pounds current
money, if free, and if a servant or slave, shall be whipped not exceeding
twenty
lashes, and in all such cases the testimony of the inspector or inspectors
may be
admitted as evidence. |
And for exporting
tobacco
with a
forged stamp,
&c. |
XXXVIII. And
be it enacted, That if any note of any inspector or inspectors
be lost, mislaid or destroyed, the person entitled to receive the tobacco
by virtue of any such note, shall make oath or affirmation, as the case
may be,
before a justice of the peace of the county where the same is payable,
to the
mark, number and date, of such note, to whom and where payable, and for
what quantity of tobacco the same was given, and that such note is lost,
mislaid
or destroyed, and the time when the discovery of such note being lost,
mislaid
or destroyed, was first made by the party, and that such person, at the
time
such note was lost, mislaid or destroyed, was lawfully and justly entitled
to receive
the tobacco therein mentioned, and shall take a certificate thereof from
such justice; and upon producing such certificate to the inspector or inspectors |
Persons losing
notes may receive
the tobacco
on
making oath,
&c. |
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