324 Assembly Proceedings, February 20-28, 1721/2.

L. H. J.

Resolved that the Penalties be recovered before one Justice
only,

And that on Conviction the Tobacco seized shall Be de-
stroyed in the Presence of the Justice and the Party Informing
shall have the benefitt in the former Law Mentioned.
The Question was put whether all persons that have Power
to Convict and punish persons of prophane Cursing and
Swearing &c^a Shall have power to Convict persons by the new
Bill or the Justice only or some such other Skillfull person
whom he shall think fitt to Appoint.
Carried by the Majority of Votes that it be only the Justice
or whom he shall Appoint.

And Resolved that the Justices have power to Search all
Out-houses &c^a for Trashy Tobacco &c and on finding any to
Convict them under the like penalties &c.
The Question was put whether a Clause shall be Added in
favour of Som^rsett and Dorchester Countys to give them a
longer time for planting or not.
Carried in the Negative by the Majority of Votes.
And that a penalty be Imposed on those who shall give
receive buy or Sell any Trashey tobacco Contrary to the Intent
of the Law
And Ordered the foll: Message be prepared viz :

By the Lower house of Assembly ffeb. the 27^th 1721.

May it please your Hon^rs
Wee have Debated your Hon^rs Message of Yesterday by
Esq^r Hall and two others of your house and are Come to the
following Resolutions thereon.
I^st That the penaltyes Imposed be recovered before any
Single Justice of the Peace in regard two may differ in Opinion
And they may live so remote as it may be difficult to procure
them
2^d That on Conviction the Tobacco Seized shall be de-
stroyed in the Presence of the Justice before whom such Con-
viction shall happen and the party Informing to have the bene-
fitt in the former law Mentioned.
3^d That every person in this province consume his Trashy
or bad Tobacco as he Strips his Crop Yearly under the pen-
alty of One Thousand pounds of good Tobacco for every such
offence to be Convicted by the Oath of the party Informing
(In Case such Trashey or bad Tobacco be removed) before
any single Justice and if such trashey or bad Tobacco be not
removed then such Justice to be required on Complaint made