|
|
to tend Tobacco on their said Plantation or Plantations, and to
shew all the Tobacco planted thereon, or remaining in any Tobacco-
beds or Plant-patches, to the Persons appointed to view the same ;
every Master, Mistress, or Overseer, so refusing or giving a false
Account, shall forfeit and pay One Thousand Pounds of Tobacco
for every Person above Twelve Years of Age, employed in making
Tobacco on any such Plantation that Year.
And be it further Enacted, by the Authority aforesaid, That
where any Suit shall be brought for the Penalties in this Act con-
tained; for Entering or Listing any Person under Sixteen Years
of Age, a Taxable, or that is under Twelve Years, to be above that
Age, the Age of the Person so Listed, shall be proved and deter-
mined by the Parish Register, or by the Order of the Court, in
case the Age of such Person hath been formerly judged there; or
by the Inspection of the Court, upon the Trial, and not otherwise.
And be it further Enacted, by the Authority aforesaid, That no
Person or Persons whatsoever, shall transfer or make over, to any
other Person or Persons, any Tobacco-plants, which he, she or
they shall have growing on his, her or their Plantation or Planta-
tions, above the Quantity or Quantities allowed by this Act to be
tended; or shall be allowed to tend, for any labouring Taxable, or
Worker in Tobacco, any Number of Tobacco-plants whatsoever,
in any other Precinct than where such Taxable or Worker in To-
bacco was listed.
And be it further Enacted, That all Penalties and Forfeitures in
this Act, shall be applied to the Uses, and recovered in the Manner
following, that is to say, The Moiety of all the Penalties to him or
them that will prosecute or sue for the same; and the other Moiety
to defray the County Charge where the Offence shall be committed.
And that all Penalties, not exceeding Four Hundred Pounds of
Tobacco, shall be heard, try'd and determin'd by a Justice of the
Peace, as in case of small Debts. And that all Penalties and For-
feitures exceeding Four Hundred Pounds of Tobacco, shall be re-
coverable in the respective County Courts, where the Offence shall
be committed, by Action of Debt, Bill, Plaint, or Information, Pre-
sentment or Indictment; wherein no Essoyn, Protection, or Wager
of Law, shall be allowed.
And be it further Enacted, That the Magistrates of the County-
courts, shall give in Charge to the several Grand-Juries, to inquire
into the Behaviour of all Persons appointed to put this Act in Exe-
cution; and the Court may, upon any Presentment by the Grand-
Jury, if they think fit, oblige the Party presented, to answer such
Presentment, without any formal Indictment; and that if upon Con-
fession or Verdict, the Party shall be convict, or that if the Party
shall be convict on any Action, Bill, Plaint, Information, or Indict-
ment, the Court shall proceed to Judgment, which Judgment shall
i3
|
Session
Laws
|
|
