288 Assembly Proceedings, April—May 1682.

U. H. Journal
1659-98

ered in this house, Together with a Bill Entituled an Act for
the Better Security of Orphans Estates
The Papers relating to Prior they say have past the Exam-
ination of their house and they referr the further Consideration
thereof wholly to this house to do therein what they shall
See fitt: They return to their house
His Honour the Secretary returns from the Lower house
The Bill Prohibiting unreasonable Tares of hogsheads and
for punishing false Package of Tobacco again taken into Con-
sideration by this house and the result of this house Drawn
up as followeth to be Transmitted to the Lower house Viz^t

Upper house of Assembly 8th May 1682
This house have again taken into their Debate the Act by
them drawn up Prohibiting unreasonable Tares of Hogsheads
&^t as conceiving the Designe thereof to be of great Moment
and Concern to this Province and upon due Consideration

p. 413

thereof had do think fitt to amend the Same Viz^t
I^st The Tares of Hogsheads not to Exceed 90"
2 The Penalty laid on false package in manner as the said
Bill doth Express being (besides the loss of the hogshead of
Tobacco so false packed) the forfeiture of one thousand
pounds of Tobacco, This house also think too grievous, and
do propose in stead thereof the loss of the hhd to be burnt as
aforesaid and four hundred pounds of Tobacco more for-
feiture—
3 That for Evidence in Such Cases this house think it unrea-
sonable the Merchant himself or Person to whom the Tobacco
is due should be allowed of as Witness for himself; but do
conceive that the Receiver or party Employed to receive the
Same together with one more not Interested may be good
Evidence—
4 That the Draughts taken out of the hogshead by the
Receiver shall forthwith be carried before two of the next
Iustices of the County and proved before them by the Oaths
of the Receiver and one more as aforesaid, which shall be
Sufficient to Convict the Party Delinquent—
5 That if the Breach of this Act shall appear to be Com-
mitted through the Wilfullness Remisness or Negligence of
the Overseer or other hyreling, Such Overseer or hyreling
shall make Good the Damages Sustained by the Owner out of
his own Crop or other his own private Estate, So farr forth as
the Same will amount to, and if done by a Servant or Slave
he shall receive Corporall Punishment for the Same at the
next Provincial or County Court according to his Meritt at
the Discretion of the Iustices