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Session
Laws
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erality of our Tobacco being of so light and chaffy a Nature, that it
has been found wholly impracticable and in a manner impossible to
pack or prize so much of it in a Hogshead of the late Gauge of
Thirty Inches in the Diameter of the Head, as would suffice for the
Payment of Freight, and other Charges arising thereon, the Freight-
ers of such small Hogsheads having been frequently brought in Debt
by the Smallness of the Quantity of Tobacco contained therein, to
the great Damage of the Tobacco Trade, particularly of the fair
Traders therein, which seem in a Manner to have brought the latest
of the afore-mentioned Laws into a general Disuse, it being rather
more Mischievous to the Freighters to be brought in Debt by their
strict Observance of that Gauge, than to loose their Tobacco hereto-
fore exceeding it. For Remedy whereof for the Future,
Be it Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of his Lordship's Governour, ,and
the Upper and Lower Houses of Assembly, and by the Authority
of the same, That from and after the End of this present Sessions, it
shall and may be lawful for any Person or Persons whatsoever, sus-
pecting, discovering or knowing of any Hogshead or Hogsheads of
Tobacco that shall exceed Forty Eight Inches in the Stave, or Thirty
Two Inches in the Diameter of the Head within the Croze, or that
shall exceed Thirty Seven Inches Diameter in the Bulge, on any
Accident or Pretence whatsoever, Thirty Six Inches being supposed
a competent Gauge, to call to his Assistance any Justice of the Peace,
Sheriff, Coroner, Vestry-Man or Church- Warden living or residing
within the County where such Tobacco shall be suspected, known or
discovered, and to enter into any House, Ware-house, Ship, Boat
or other Vessel, and therein, in the Presence of such Justice or other
Officer aforesaid, (who are hereby required to be present, aiding
and assisting to such Informer therein) to Seize and Mark with the
broad Arrow every such Hogshead or Hogsheads of Tobacco, as
such Informer shall request such Justice, or other Officer to view, on
Suspicion of exceeding the Gauge aforesaid: And also that such
Justice, or other Officer, shall, on Request of such Informer, and is
hereby required to proceed in such Manner as he shall think most
proper to examine the Gauge thereof, so as no Hogshead or Hogs-
heads of Tobacco stowed away on Board any Ship or other Sea-
Vessel, shall, on such Information be unstowed, unless such Hogs-
head or Hogsheads appear in View; and if upon such Examination,
any Hogshead or Hogsheads shall be found by such Justice, or other
Officer aforesaid, to exceed the Gauge aforesaid, it shall and may
be lawful then, and not otherwise, for such Justice, or other Officer,
immediately to Condemn the same to the Use of such Informer, who
shall thereupon be immediately Vested with the Property thereof,
and may convert the same to his own Use accordingly; and the Judg-
ment of such Justice, or other Officer therein, shall be final; but in
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