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Creditor refused, and hath such Tobacco ready to tender and
pay to his Creditor, be yet notwithstanding sued and prose-
cuted at Law, in order to recover such Tobacco as he shall be
indebted to his Creditor; if at the Trial the Defendant shall
make appear by two sufficient Evidences, that he tendered to
the Plaintiff such his Debt, in such Tobacco, qualified as afore-
said, having the Tobacco ready and full packed in Hogsheads,
before the Plaintiff purchased his Writ; then and in every such
Case, the Plaintiff shall not recover any Cost of Suit against
the Defendant, but shall pay the Defendant what Cost the
Defendant hath in that Cause expended, to be deducted out
of the Plaintiff's Debt by the Court before whom such Suit
shall be: And the Plaintiff shall have Judgment for what shall
be remaining due to him after such Deduction made as afore-
said.
V. And in case any Plaintiff, after such Recovery had of
any Quantity of Tobacco against any Defendant, having
Tobacco packed in Hogsheads, and qualified as aforesaid,
shall refuse, upon the Defendant's tendering of such Tobacco,
to receive the same, but shall sue out Execution against the
Defendant, whereby the Defendant is taken in Execution, and
imprisoned; then and in such Case, any Friend of the said
Defendant so imprisoned, may, on Behalf of such Prisoner,
go to the High-Sheriff, and require him to certify to the next
Justice of the Peace, at whose Suit, and for what Sum, the said
Prisoner is in Execution; which Certificate the Sheriff shall
make gratis, and give to such Person requiring the same,
within Five Hours after such Demand, under Penalty of Two
Thousand Pounds of Tobacco in Cask, to be forfeited by the
High-Sheriff if he wilfully refuse to make the same; the one
Half thereof to her Majesty, her Heirs and Successors, for the
Support of Government, the other Half to the Party grieved,
to be recovered by Action of Debt, in any Court of Record of
this Province: Which Certificate so obtained, any Friend or
Agent of such Prisoner, shall shew to such next Justice of
Peace; and if such Friend or Agent will aver, that the Prisoner
hath Tobacco ready to pay such Debtor Damages recovered
convenient, and that such Friend will open and shew the same,
the said Justice of Peace shall either go in Person, or send
two discreet Persons, Freeholders as aforesaid, sworn before
him, to view the Tobacco and weigh it, and make Report
thereof; and if it happen the Tobacco is found, merchantable,
and of such Weight to discharge the whole Sum mentioned
in the Execution, then shall the said Justice give Notice to the
Sheriff in Writing, under the Hand of such Justice, by the
Agent of such Prisoner, that except such Sheriff come and
shew good Cause to the contrary, that the said Justice will
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