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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 475   View pdf image (33K)
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Acts. 475


be sold again, within the Space of Six Months, for ready Tobacco,
or for Tobacco to be paid the Shipping happening at the Time of
such first Sale, or for Tobacco to be shipped for Payment, or secur-
ing the Payment of any Bill or Bills of Exchange, or for ready
Money, or Bills of Exchange to be drawn for Payment of the said

Goods, Merchandizes, or Servants, shall be accepted reputed and

taken for an unlawful Ingrosser and Regrator, and shall incur such
Forfeitures as are hereafter expressed: Any Law, Statute, Usage,
or Custom to the contrary hereof in anywise, notwithstanding.

And be it Enacted, by the Authority aforesaid, That if any Per-
son or Persons shall hereafter offend in any the Things before re-
cited, and shall thereof be sued, prosecuted, or impleaded, for such
Offence, the Onus Probandi shall be on the Person or Persons so
sued, prosecuted, or impleaded, to make it appear to the Court and
Jury where such Offences shall be tried, that the said Goods, Mer-
chandizes, and Servants, were not purchased by him, her, or them
or for his, her, or their use, and by him, her, or them or by his, her
or their Direction, and for his, her, or their Use disposed of within
the Times aforesaid: And if the said Person or Persons so sued,
prosecuted, and impleaded, shall fail to make the same appear, he,
she or they, shall be deemed Ingrossers and Regrators; and shall
for the first Offence, forfeit and pay the full value of such Goods,
Merchandizes, or Servants, to be valued and adjudged by the said
Court, with full Costs of Suit.

Session
Laws

And be it further Enacted, by the Authority, Advice and Consent
aforesaid, If any Person or Persons being convict of the Offences
aforesaid, shall again offend the second Time, and be thereof con-
vict by the Means and in the Manner aforesaid, such Person or Per-
sons shall forfeit and pay double the full Value of such Goods, Mer-
chandizes, or Servants, for the said second Offence, to be also valued
and adjudged by the said Court, before whom such Trial shall be,
with full Costs of Suit. And for the third Offence, shall, on Con-
viction by the Means and in the Manner aforesaid, forfeit Three
Times the full Value of such Goods, Merchandizes, or Servants, as
aforesaid, to be valued and adjudged as aforesaid.
And be it further Enacted, by the Authority, Advice, and Con-
sent aforesaid, That the One Moiety of the said Forfeitures be ap-
plied to his Lordship, the Lord Proprietary, for the Support of the
Government of this Province; and the other Moiety thereof, to the
Informer, or him, her, or them, that shall sue for the same, by Ac-
tion of Debt, Bill, Plaint, or Information, in any Court of Record
within this Province, wherein no Essoine, Protection, or Wager of
Law, to be allowed.
Provided, That this Act, or any Thing therein contained, shall
not debar, or be construed to debar or hinder any Person or Persons

p. 21



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 475   View pdf image (33K)
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