and fifty pounds; and on any person or person's producing small notes to the amount of nine hundred and fifty pounds neat, with the following allowance as a deduction for shrinkage in weight, he or she, on paying the fees hereinafter expressed, shall be entitled to receive a note or certificate for a crop hogshead, as an allowance for shrinkage; ou all transfer notes brought in to be exchanged for crop hogsheads, the inspector shall deduct from all such as are exchanged within a month of their date two per cent. and for such as are brought in within two months of the date, and above one, four per cent., and so on, till it shall amount to eight per cent., and no more; and where any of such transfer tobacco, that shall have been inspected before the first day of the past August, shall lie in any of the aforesaid warehouses till the circuit court, in November, of the district in which the said warehouse is situate, and no note produced for the same, that then and at such circuit court the inspector shall cause the same to be sold at public sale, for cash; and the holders of notes for transfer tobacco, in any of the aforesaid warehouses in the country, after such sale, shall receive cash for the same, on producing the note to the inspector, at the rate the same was sold, with the deduction of ten per cent. for loss of weight and trouble of selling, receiving and paying.

A. D. 1785.

give notes for

V. And be it further enacted by the authority aforesaid, That the inspectors at their several warehouses respectively shall receive each hogs- Inspectors to head of tobacco so examined, passed, weighed and coopered, into their tobacco respective warehouses, and shall number and brand the same S. C. and received: mark on the staves thereof the gross, the tare, and the neat weight of tobacco contained therein, and shall deliver to the owner a note, wherein shall be expressed the planter's brand, the number, the river, and warehouse, the gross, tare and neat weight, and upon presenting which note the tobacco shall be delivered to the holder thereof for exportation.

66

Delivered the

day of

warehouses.

VI. And be it further enacted by the authority aforesaid, That when tobacco shall be delivered at any of the said warehouses to any flat or And manifests other craft, to be carried to and laden on board any ship or vessel bound of tobacco deto a foreign market, or to waggons, to be removed to Charleston, the in- livered out of spector shall take up his note, and shall give a manifest of the tobacco so delivered, in which shall be expressed the name of the warehouse, and shall run in the following words: 17—, to A. B. patroon of the boat C, hogsheads of tobacco, marks, weights and numbers as per margin, to go on board the ship (or other vessel, as the case may be) E, for exportation." When removed by a waggon a blank shall be left for the shipper to insert the name of the vessel; the shipper's mark and number shall also be inserted in the face of the manifest, by the inspector, when known, but when it is otherwise a blank column shall be left for that purpose, and to be filled up by the shipper; and each captain or master of a vessel lading tobacco on board for exportation, shall safely keep those inspector's manifests till he has his intended complement on board, and shall then make a general one of his cargo, which shall be produced to the collector of the port before the vessel obtains a clearance to sail; which general manifest the collector of the port shall compare with the inspector's, and if found to agree with the inspector's several manifests, shall be filed in the office; and the following oath shall be administered to the captain or mate: "I, A B, do solemnly swear or affirm that I have no other tobacco on board the ship or vessel called the than what is in this manifest now by me produced expressed, neither shall any more be laden on board the said vessel for the present voyage by my knowledge or procurement: So help me God." And if any person shall be convicted of having knowingly taken a false oath or

A. D.1785. affirmation in this respect, such person shall suffer as in cases of wilful and corrupt perjury.

VII. And be it further enacted by the authority aforesaid, That if any tobacco shall be found on board any ship or vessel bound to a foreign Penalty when tobacco is market, for which no inspector's manifest can be produced, the same shall found on board be confiscated, and the captain or master of the vessel shall be subject to of any vessel a fine of five pounds sterling for each hundred weight, and in proportion for a greater or lesser quantity, one half to the informer and the other half to the State, and to be recovered in any court of record in the State; or if any captain or master of any vessel, after producing his manifest to the officer of the customs, taking the oath, and obtaining his clearance, shall be convicted of receiving any tobacco on board besides what he has expressed in the said manifest, he shall forfeit double the sum aforesaid, and shall be liable to a prosecution for wilful and corrupt perjury.

for exportation without an Inspector's manifest.

be burnt within

VIII. And be it further enacted by the authority aforesaid, That all Unmerchanta trashy, unmerchantable tobacco, that may, after the passing of this Act, be ble tobacco to condemned by any of the inspectors respectively, the inspectors shall see 12 hours after that it be burnt within twelve hours after such condemnation, and on necondemnation glecting so to do he shall forfeit and pay for each hundred pounds weight the sum of five pounds sterling, one half to the informer and the other half to the State, to be recovered as is hereinbefore directed.

IX. And be it further enacted by the authority aforesaid, That every set Inspectors to of inspectors respectively shall provide and keep in good repair, at their keep sufficient respective warehouses, good and sufficient scales and weights, at their own scales and weights at their expense, prizes, and other implements necessary for the inspection of own expense. tobacco, the expense of which to be defrayed as is hereinbefore directed,

Inspector's fees.

Pickers to be appointed.

and on failure thereof shall be subject to a forfeit of ten shillings sterling per day, to be recovered by the person or persons aggrieved, before any justice of the peace of this State; and each inspector shall enter in a book, to be kept for that purpose, the number of each hogshead, the gross, tare, and neat weight, the maker's name, and to whom the same was delivered for exportation, and when; and where warehouses have been built by commissioners, the inspector or inspectors shall account with such commissioners and pay into their hands the storeage money, twice a year, as is hereinbefore directed; and where necessary buildings shall have been prepared by the proprietors, they shall account with the proprietors in like manner; and either may demand and have a sight of the inspectors' books, if it shall be judged necessary.

X. And be it further enacted by the authority aforesaid, That at every inspection in the country the inspector shall be allowed to take and receive for inspecting every hogshead of tobacco, weighing, branding and giving a note, the sum of three shillings sterling, to be paid by the person to whom the same shall be delivered for exportation; for prizing every hogshead made up of small parcels, the sum of four shillings and eight pence, to be paid by the person receiving a note for the same; for the hogshead, if found by the inspector, the sum of five shillings; for inspecting, weighing, branding, and giving a note, at each of the inspections in Charleston, the sum of three shillings, to be paid as is hereinbefore directed, by the exporters; for prizing every hogshead made up of parcels, in Charleston, the sum of six shillings; and for a hogshead, if found, the sum of seven shillings, to be paid as is above directed.

XI. And be it further enacted by the authority aforesaid, That at each of the inspections respectively there shall be one or more picker or pickers, who shall be approved of by the commissioners hereinafter to be named, and shall act upon oath, and be sworn by the said commissioners;

for picking, they shall be allowed an eighth part out of the first six hundred weight, and five per cent. for all above that quantity that may be saved out of any hogshead of tobacco by him or them picked.

XII. And be it further enacted by the authority aforesaid, That every hogshead of tobacco inspected at any of the aforesaid warehouses in the country shall be subject to a storeage of one shilling, and at either of the inspections in Charleston the sum of six pence per hogshead, per week, to be paid by the person to whom the tobacco is delivered for exportation, to the inspectors respectively, who shall apply and account for it as is hereinbefore directed.

A. D. 1785.

Storage.

XIII. And be it further enacted by the authority aforesaid, That the Commissioners following persons shall be commissioners at the respective places before appointed to mentioned, and shall be, and they are hereby, appointed and impowered carry this Act to carry this Act into effectual execution; that is to say, for the inspections into execution. at the city of Charleston, the City Council; for the inspection at Georgetown, Job Rothmahler, John Cogdell and Daniel Tucker, Esquires; for the inspection at Beaufort, John Joyner, William Hazard Wigg and Robert Barnwell, Esqs.; for the inspection of Cheraw Hill, Benjamin Hicks, senior, John Westfield and William Ellerby, senior; for the inspection at Watboo Landing, Maurice Simmons, Samuel Cordes and Zachariah Villepontoux, Esqs.; for the inspection at Friday's ferry, Congaree river, Thomas Taylor, Wade Hampton and Uriah Goodwin, Esqs.; for the inspection near Camden, Wateree, John Chesnut, Esq. Mr. William Willis and John Galbraith; for the inspection at Winnsborough, John Winn, Richard Winn and Henry Hampton, Esqs.; for the inspection at Campbell's warehouse, Savannah river, Arthur Simkins, Esq. Messrs. John Ryan and John Herdon; for the inspection at Snow Hill, Leroy Hammond and Hugh Middleton, Esqs., and Mr. John Carter; for the inspection at the north fork of Edisto, Robert Stark, Jacob Smith and Lewis Watson, Esqs; for the inspection at the south fork of Edisto, Joseph Turner, Daniel Green and James Fair. Which said commissioners shall have full power and Commissioners authority to nominate and appoint the several inspectors at the several are empowered warehouses hereinbefore mentioned; which appointment shall consist of inspectors. one at each warehouse in the country, to attend constantly, when able, and one to attend occasionally, in case of the other's sickness or other inability, to attend and be called upon when any person may think himself aggrieved by the condemnation of any tobacco to be burnt; and one at each inspection in the city of Charleston: and each inspector, so appointed, shall give Inspectors to bond, with good, substantial security, to be approved of by the respective security. commissioners, in the sum of one thousand pounds sterling, conditioned for the well and faithful discharge of his duty, and made payable to the treasurers of this State, which bond shall be taken by the respective commissioners and by them lodged in the treasurer's office; and if any of the said inspectors shall neglect to give proper attendance at all reasonable hours, or shall be guilty of any mal-practices, each inspector so offending may be removed at the pleasure of the commissioners who appointed him, and such commissioners shall have power and authority to appoint another in his room; provided, that no such removal shall be lawful unless such inspector hath liberty to make his defence, and an opportunity given him to disprove the charges on which such removal is sought for.

to nominate the

give bond and

XIV. And be it further enacted by the authority aforesaid, That where tobacco, at any of the inspections in this Act before directed, shall be Proceedings in adjudged by the inspector to be unmerchantable, and by him condemned case of unmerto be picked or burnt, and the owner shall think himself aggrieved there- tobacco. by, if at any warehouses out of Charleston, he shall have liberty to call on

chantable

A.D. 1785. the inspector who is appointed to attend such warehouses, in case of the other's inability, to review the same, and in case of their disagreeing, one of the commissioners shall decide; and if in Charleston, an inspector at one of the other inspections in the city shall be called on for the above purpose, and in case of disagreement the third shall decide the same before it shall be burnt; and such occasional or other inspector or commissioner being called on shall attend for that purpose, and if in their opinion such tobacco shall be thought merchantable, it shall pass, and the inspector who refused the same shall pay to the inspector so attending the fees allowed for inspection; but if the first sentence is confirmed, the owner of such refused tobacco shall pay the inspector called on one dollar for each hogshead so reviewed, for his trouble in attending for that purpose.

XV. And be it further enacted by the authority aforesaid, That each The oath of an inspector, previous to his entering on the said office, shall take the followinspector. ing oath or affirmation, before the commissioners by whom he is appointed, and who are hereby empowered to administer the same, to wit: "I, A B, do sincerely promise and swear (or affirm, as the case may be) that I will well and faithfully inspect all tobacco that shall be brought to me for that purpose, without partiality, favor or affection, according to the best of my judgment; and that I will not, by myself or by any other person employed by or for me, be concerned either directly or indirectly in the purchase or sale of any tobacco whatsoever, during my holding the office of inspector, my own crop only excepted."

Tobacco not entered and

State.

XVI. And be it further enacted by the authority aforesaid, That if any captain or commander of any ship or other vessel shall presume to sail cleared shall be from any port within this State, for any port not within this State, after the forfeited to the passing of this Act, having tobacco on board not entered and cleared, as is hereinbefore directed, all such tobacco shall be forfeited to the State, and shall be seized and sold for the benefit of the same, and the captain or commander shall be fined in the sum of five pounds sterling for each hundred pounds, to be recovered and applied as hereinbefore directed.

moved before the bad is burnt.

XVII. And be it further enacted by the authority aforesaid, That when Penalty where tobacco shall be offered to view, at any of the inspections hereinbefore tobacco is re- directed, which shall be refused by the inspector as unmerchantable, any person or persons removing the same before the bad and unmerchantable is burnt, as is hereinbefore directed, shall, upon conviction, forfeit and pay the sum of five pounds sterling for every hundred weight so carried away, one half to the informer and the other half to the use of the State, to be recovered as is hereinbefore directed.

Penalty for

changing the

casks or the tobacco.

XVIII. And be it further enacted by the authority aforesaid, That when tobacco shall be delivered at any of the aforesaid inspections for transportation, and the person to whom the same is delivered, or in whose care it may be, shall change the cask in which it was delivered and put other tobacco therein, or suffer any part to be taken out and other tobacco put in, not the contents of the cask when delivered, the person or persons so offending shall, upon conviction, pay a fine of fifteen pounds sterling, and suffer three months imprisonment, without bail or mainprize.

XIX. And be it further enacted by the authority aforesaid, That if any Penalty for person shall erase, alter or counterfeit any note or manifest of tobacco, counterfeiting notes or mani- given by any inspector of tobacco within this State, or shall utter, in payment or barter, any such note or manifest, knowing the same to be counterfeit, every such person shall, on conviction, suffer death.

fests.

XX. And be it further enacted by the authority aforesaid, That all other A. D. 1785. Acts within the purview of this Act are hereby repealed.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

AN ACT FOR REPEALING AN ACT ENTITLED "An Act for disposing of No. 1280. certain Estates and banishing certain persons therein mentioned," so FAR AS RELATES TO THE ESTATE OF EDWARD FENWICK.

WHEREAS, by an Act entitled "An Act for disposing of certain estates and banishing certain persons therein mentioned," the estate of Edward Fenwick was confiscated and forfeited to the use of this State; and whereas, it is found necessary to repeal as much of the said Act so far as relates to the estate of the said Edward Fenwick :

Preamble.

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That so much of the said Act as relates to the estate of the said Part of a former Act repealed. Edward Fenwick, be, and it is hereby, repealed, to all intents and pur

poses.

Fenwick restored to him

II. And be it further enacted by the authority aforesaid, That all the estate, real and personal, of the said Edward Fenwick, is hereby taken Estate of Edw. from and divested out of the commissioners of forfeited estates, and restored to and revested in him and his heirs, in the same manner and for and his heirs. the same use and behoof as he, the said Edward Fenwick, was seized or possessed of the same before the passing of the said Act.

permitted to

III. And be it further enacted by the authority aforesaid, That the said Said Fenwick Edward Fenwick be, and he is hereby, permitted to remain in this State twelve months, and no longer, from and after the passing of this Act.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

remain in the State 1 year.

JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

AN ACT for establishing County Courts, and for regulating the pro- No. 1281.

ceedings therein.

(Passed March 24, 1785. See last volume.)