170 Assembly Proceedings, March 26-April 15, 1707.

Lib. L. L.
No. 64.

ffactor or Attorney shall have notice thereof by the said debtor
& if he do not Come to the place & make known by shewing
the Contract or Obligation the Circumstance or nature of the
Contract or Obligation, if the tob^{o
viewed as afd be Cleane
from trash sound and merchantable it shall be marked and
weighed in discharge of such debt be the same of what nature
soever and the pson in whose houses the tobo
Lyes or shall
Lye shall take Care of & prserve the same for one whole year
as they are obliged to do tobacco Actually received by any
Creditor Mercht or others any Law Statute or Usage to the
Contrary Notwithstanding.
And be it further Enacted by the Authority Advice and
Consent afd that if any Debtor who hath tendered Tobo
to his
Creditor wch is in very good Condition Clear of all manner of
Trash according to the Tenr of the Specialty afd & well packt
in good Seasoned hogheads and wch hogsheads of tobacco
Containe five hundd pounds of neat tobacco at the least and
wch the Creditor refused & hath such tobo
ready to Tender
and pay to his Creditors, be yet Notwithstanding sued & pse-
cuted at Law in order to recover such tobo
as he shall be
indebted to his Creditor if at the Tryall the Deft shall make
appear by one Sufficient Evidence thl he Tendered to the
Plaintiff such his Debt in such Tobacco qualified as afd haveing
the tobo
ready and full packt in hogheads before the Plaintiffe
purchased his writt that then and in every such Case the}

p. 325

Plaintiffe shall not recover any Costs of Suite Against the

Defendant but shall pay to the Defend^t what Cost the Defend^t
hath in that Cause Expended to be Deducted out of the
Plaintiffs Debt by the Court before whom such suit shall be
and the Plaintiffe shall have Judgment for what shall be remain-
ing due to him after such deduction made as afd.
And in Case any Plaintiff after such recovery had of any
quantity of Tobacco against any Defendant haveing tob^{o
packt
in hogsheads and qualified as afd shall refuse upon The Defen-
dants Tendering such tobo
to receive the same but shall sue out
Execution against the defendt whereby the Defendant is taken
in Execution and imprisoned then & in such Case any friend of
the said Defendants so Imprisoned may on behalf of such
Prisoner go to the high Sherriffe & require him to Certify to
the next Justice of peace at whose Suit and for what sume the
said prisoner is in Execution wch Certificate the Sherriff shall
make Gratis and give to such pson requiring the same within
five hours after such Demand under penalty of two thousand
pounds of tobo
in Casq. to be forfeited by the high Sherriffe if
he willfully refuse to make the same the one half thereof to her
Majty her heires and Successors for the Support of Governm'
the other half to the party grieved to be recovered by accon of}