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WILLIAM SMALLWOOD, Esq; Governor.
property within the state, the court before whom such person shall be
convicted, shall issue execution against his property, in the name
of the
proprietor of such forged or counterfeited manifest or note, for the value
of the tobacco therein expressed, such value to be estimated by the said
court; and if such convicted person shall have no property, and shall be
sold as herein before directed, the owner of such forged or counterfeited
manifest or note shall receive the value of such tobacco (to be determined
by
the court) out of the sale of such person, and the money arising from
such
sale, above what may be necessary to satisfy the party grieved, shall be
applied to the use of the county where such person is convicted, if tried
in a county court, or to the state if tried in the general court; and it
is
declared to be the duty of every person into whose hands any counterfeited,
forged or altered, manifest or note, or any inspector or inspectors shall
come, forthwith to deliver the same to some judge or justice, who shall
endorse the name of such person, and safely keep such manifest or note,
to be produced if necessary; and every person into whose hands any counterfeited,
forged or altered, manifest or note, of any inspector or inspectors
shall come, knowing the same to be counterfeited, forged or altered,
and who shall refuse or neglect to deliver the same within ten days after
the receipt thereof to some judge or justice as aforesaid, and at the same
time give information of the person from whom he received it, and the
circumstances of the case, shall for every such neglect or refusal, on
conviction
thereof, pay the sum of one hundred pounds current money. |
1785.
CHAP.
LXI. |
XXXVI. 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, and stand in the pillory for the space of two
hours, or be fined not exceeding one hundred pounds current money, or both,
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. |
Penalty on exporting
tobacco
with a forged
stamp,
&c. |
XXXVII. 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 or 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 who signed
such note, and lodging the same with him or them, the said inspector or
inspectors, if the said tobacco in the said note or notes hath not been
delivered
by virtue of said note or notes, shall deliver to the person obtaining
such certificate a new note or notes, with the marks, numbers, |
Persons losing
notes may receive
the tobacco
on
making oath,
&c. |
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