Page images



Laws were passed regulating the No person can gather more than 9 planting, cultivation, curing, inspec- leaves from a tobacco plant under pention, packing, preservation, storing, alty; p. 164. warehousing, sale, transportation and Limitation in planting tobacco is exportation of tobacco. These laws 2,000 plants per capita and no person were drawn up with great care, detail can transfer his right; the crop is to and minutie, and would make a large be viewed and counted and for excess volume. They provided for almost the whole crop is to be cut down; p. every conceivable contingency and 189. emergency. Executions were allowed Bad tobacco tendered in payment to be satisfied by the tender of tobacco, to be viewed by commander of planflour and hemp at a price to be settled tation, and burnt; p. 152. Not to be every month by county courts, and planted by Frenchmen who failed in there was no debt, tax or burden, but culture of vines; p. 161. what could be paid and satisfied by Tobacco not to be bartered for the tender of tobacco. We will enum- goods except for country produce, at erate some of these laws,commencing less than 6d. per pound on the prine with 1621, we find (see Henings Sta- cost. tute of Large):

No tobacco to paid away till inThe planting of tobacco limited to a spected and entered; p. 212. All pay. certain number of plants per head; ments to be made at the warehouse; p. 142.

p. 204. No person shall plant more than All tobacco to be brought to ware2,000 plants of tobacco for every head houses, on oath, before the last day of within his family, including women December; p. 204-5. Except what is and children; p. 152.

reserved for family use; pp. 205 and The penalty for offering bad tobacco 212. When and what tobacco may be in payment of a debt was that such to- made up in rolls, must be made up bacco be burnt; and the offender be between August ist and the last day prohibited from planting any more of October, and no old shall be made until authorized by the general assem- up but that which shall be cured that bly; p. 152.

present year.


All goods shall be landed at James All tobacco hogsheads are to be City, except such bedding and wear- branded by the maker. ing apparel that belong to passengers.

How to be branded.—Every cooper And all contracts, bargains, and ex- shall procure brands for his peculiar changes in tobacco for any part of the use, that is to say, the two first letters said goods shall be there only made of his or their proper name and sirand done, with the privity of such name, and figures sufficient to mark store-keepers as shall be appointed at the weight of every tobacco cask James City, upon penalty of the for- made or set up; so that the true feiture of the said goods and tobacco, weight of every tobacco cask may be both for the buyer and seller, which known. shall be elsewhere otherwise Penalty.-Whoever voluntarily nebought or sold. In order not to frus- glects to put on such proper mark, on trate the good intention of the above every respective tobacco cask at the enactment, all masters or pursers of making thereof, or places an unjust shippings shall deliver invoices of weight or tare thereupon, whereby goods upon oath that they have dis

any person thereafter is defrauded, charged none.

shall for such offense forfeit and pay Accounts and contracts to be kept 500 pounds of tobacco and cask, one and made in money and also all pleas moyety thereof to our sovereign lord and actions of debt and trespass, or- the king, his heirs and successors, for ders, judgments and decrees to be the support of this government, and entered in money; p. 216.

the other moyety to him or them that The store-keepers of the seven shall inform and sue for the same in a stores appointed by the assembly court of record with his majestie's doshall have i per cent, for their care minion of Virginia. in keeping accounts of the several Penalty for packing tobacco in parcels of tobacco received into these casks not truly branded, is forfeiture stores and their attendance, keeping of 500 pounds of tobacco and cask by the keys, and careful looking to the same means as aforesaid. said tobacco; and the store-keeper at Purchasers to take tobacco at the James City shall have i per cent. of tares marked on the casks. all tobacco which shall be paid to any For the better prevention of making merchants for any kind of goods trash tobaccos, whereby his majesty bought for tobacco at James City. is much injured in his customs, and 221.

many frauds are put upon merchants Plan for improving value of, half and others in England, by reason that good and all bad to be burned or de- such seconds, slips and late planted stroyed.

tobaccos, not having sufficient time them; 49.

to come to full growth and maturity, fifty pounds of tobacco to the uses the same proves in general to be aforesaid, to be recovered in manner damaged by the greeness, thinness, aforesaid. and other ill qualities thereof, al- 3 Vol. of Hening. though no other wet or moisture than Certain laws limiting the time of what it hath in its own natural case demanding, extended to sheriffs and come to the same, and by reason of collectors; 47, 48. such damage the importer thereof Sheriffs, etc., seizing more than is pays little or no custom for it. And due, to make immediate payment of yet the said tobacco being cut and the overplus; 48. Tobacco paid away mixed with stalks is commonly put to and marked, not to be seized, if other sale at underrates, and thereby the merchantable tobacco be tendered; 48. commodity in general is much under- Sheriffs and collectors annually to valued and reduced to so low a price lay an account of their collections bein this country that many planters fore the court specifying the quantity are and will be by reason thereof and quality of tobacco collected and compelled to leave off planting tobac- of whom; 48. Courts to examine the co, and to employ themselves about accounts in presence of several credithusbandry, and in making and im- ors, and apportion the tobacco among proving several manufactures, with which this country heretofore furnish- Penalty on sheriffs and collectors ed from England.

for converting any tobaccos collected Be it further enacted by the authority by them to their own use; 49. aforesaid, and it is hereby enacted, That Provided, That they may discount no tobacco be planted or replanted with creditors, for the amount of after the last day of June annually their public dues; 49. And provided for the time to come,and that whoever also, that they shall be liable for all shall, directly or indirectly plant any tobaccos paid to creditors, which, tobacco after the said last day of within ten days thereafter, appeared June, shall for such offense forfeit and to be rotten; 49, 50. pay ten thousand pounds of tobacco Tares of tobacco hogshead reguto the uses aforesaid, to be recovered lated, 51. Casks, how to be branded, in like manner.

51. To be made of dry and Be it further enacted by the authority soned timber, 52. Thickness of aforesaid, and it is hereby enacted, That staves, 52. Penalty on coopers, for whosoever shall slip any tobacco working timber, not fallen and stalks, from which the leaf had been hewed three months, 52. Penalty stripped and taken away for exporta- for paying away tobacco, in casks tion out of this county,shall for every not made according to law, 52. An pound of such stalks, forfeit and pay allowance to be made for the hogs


ed, 53.

heads, although the bond, or specialty by which it appears due. Which said be for tobacco and cask, 52. Not to two justices, shall be and are hereby extend to debts previously contract. impowered and required to appoint

three honest men of the neighbor. Tobacco was to be exported from hood, on their oath, to view tobacco; certain places, and to prevent fraud and if they find it suitable they shall in exporting, must be passed up by mark it as such and there it will recollector, and goods found without main at the peril of the creditor. permit on board of vessels are for- From the minutes of the general feited.

assembly of October, 1629, 5th Charles 142. The act prohibiting the

I, we find that planting of tobacco after the last It was putt to the question whether day of June, repealed in 1696, and all new comers shall bee restrained privilege of planting at any time from planting tobacco the first yeare granted.

and they bee exempt from all taxes Act 1705. An act against import and marches for that year. The major ing tobacco from Carolina and other part would have no restrain made to parts without the capes of Virginia. new comers.” Such importation forfeited; but it "It was put to the question whether is not to extend to inhabitants bring- for this yeare there should be an ing tobacco of the growth of the ordinance made an established for colony; such tobacco is not to be the stinting of the planting of tobrought without a certificate of the bacco. To this the opinion of the collector.

most voices was that noe persons 265 p. When tobacco paid away, workeing the ground, which are all and marked, not to be seized.

to be tethable should plant above All surplus of hogsheads seized, three thousand plants upon an head. to be immediately accounted for. “An exception is made where the 265 p.

familie consenteth of children and Duty of 2 shillings a hogsheand, on women which doe not work in the tobacco exported, 344.

ground and they to plant not above To extend to all tobacco, absolute- 1,000 plants per pol. ly the growth of another place.

“In case any familie shall be agPenalty for exposing tobacco to grieved by this order, consisting of sale, deceitfully packed. 436 p. some number of women and children,

Tender of payment, 437. It shall it is thought that on speciall cases be lawful for debtor to apply to two the governor and councell to order justices of the peace of the county, to them a further proportion." Henmake a tender of tobacco he owes, ac- ing, 142. cording to the tenure of the specialty In 1629 the poll tax "for defraying publique charges” was levyed at That all houses now built and used "five pounds of tobacco per pal" as public rolling houses not being and the burgesses were to provide distant from a public landing above casks to put up the same and “if the space of one mile, shall be and any damage shall befall unto the are hereby confirmed and continued tobacco, it shall not light upon the and shall be constantly kept up and burgesses, unless they shall be faulty maintained by the respective protherein.

prietors thereof; and in case of failure ROLLING HOUSES.

therein, it shall and may be lawful Among the curious things in regard for the courts of the respective to tobacco was the establishment counties to grant the same to any at a very early period of rolling other person that shall be willing to houses, which were at first so de- build a rolling house thereon in the nominated from the mode of rolling manner hereafter directed; and all the tobacco to market, which was landings now used as public landings exclusively the manner of transport- for the shipping of tobacco or unloading it before wagons were intro- ing other goods or merchandizes are duced or navigation of the rivers hereby continued and confirmed; and above tide water was improved. where public rulling houses are al

As early as 1712, in the ninth year of ready built, not being within a mile of Anne, a statute was passed, which a public landing, it shall and may be shows that long before that period, lawful for the county courts to order public rolling houses had been esta- new rolling houses to be erected on lished and were well-known and un- the same rolling roads not distant derstood.

from a public landing above a half a The statute of 1712, is as follows: mile. "An act for appointing rolling houses III. And for the conveniency of and public landings and ascertaining the inhabitants on the heads of great the prices of storage.

rivers, and other remote plantations I. Whereas, It is expedient that on the south side James River. proper places be appointed in each IV. Be it also enacted, That where county of this colony where tobacco public rolling houses and landings are and other goods and merchandise may not already set out and built it shall be kept safe and without damage in and may be lawful for the courts of order for transportation; as also places the respective counties upon the apfor public landing.

plication of the inhabitants for such II. Be it enacted by the lieutenant- landings or rolling houses to be apgovernor, council and burgess of this pointed on the land of any person or present general assembly, and it is hereby persons whatsoever to summon the enacted by the authority of the same, owner of the said land; or if the

« PreviousContinue »