Acts. 169

an oppertunity or conveniency doth not offer to the Creditor
to Dispose thereof they do frequently Refuse neglect and
Delay to receive the said Tobacco in discharge of the Debts
whereby the Debtor remains in Debt & the tobacco by him
procured to pay the said Debts remains in his hands Subject
to all Casualties on the Debtors accompt & w^ch he dares not
make use of for fear of his Creditors demanding and suing
after for the Debt: for remedy whereof for the Future

Lib. L. L.
No. 64.

Be it Enacted by the Queens most Excellent Maj^ty by and
with the Advice and Consent of her Maj^tys Govern^t Councill
and Assembly of this province and the Authority of the same
that any pson or psons whatsoever inhabiting within this
province and now being or that hereafter shall be indebted to
any merchant or others either resident in or tradeing to this
province that hath tobacco ready according to the nature of
the Debt he ows and is willing to pay the same and hath
offered it to his Creditor his factor or Atturny and by him or
them refused neglected or Delayed to be received as afd. It
shall & may be lawfull to and for such Debtor or Debtors at
any time between the first Day of November and the last day
of March in every year dureing the Continuance of this Act
and at no other times to repaire to the next Justice of peace
and there before him upon making oath of such tob^{o
being
already tendered and neglected refused or delayed to be re-
ceived as afd the said Justice shall and is hereby Enjoyned
impowered and required to appoint two Sufficient psons of
the neighbourhood (not being of kin Either to the Debtor or
Creditor) where such Debtor shall Dwell to view Search and
Loock upon such tobo
so ready to be paid in Discharge of the
Debt and tendered as afd wch two psons so appointed shall
take their oaths to be administered by the Justice afd well and
truly to try & Examine into the matter afd & make report
thereof to the Justice afd and if upon viewing the same it be
found that the tobacco afd be Clean Sound and Merchantable
and fit to be paid in Discharge of the Debt afd they shall and
are hereby Impowered & Authorized to make the said Tobo
in
hogsheads upon the head and Bulge for such Creditor as afd
and weigh the same and Signify the neat weight thereof unto
the justice afd wch tobacco so tendered neglected or refused}

p. 323

viewed marked and weighed as afd shall for ever after be
Esteemed and taken as the pper goods and Tobacco of the
Creditor and in absolute Discharge of the Debt afd or of so
much thereof as the same tobacco shall weigh (provided that
Each hogshead weighs five hund^d neat or upward) and because
many Contracts bills and bonds may be of Different natures
and Circumstances. It is hereby further Declared and Enacted
that upon every such viewing as aforesaid the Creditor his

p. 324