86 Assembly Proceedings, October 10-30, 1727.

Session
Laws

Tryal, by Miscarriage of the Records, before they got into the Pos-
session of the Clerk of Assize,
Be it Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of His Lordship's Governour,
and the Upper and Lower Houses of Assembly, and the Authority
of the same, That the Secretary for the Time being, shall cause
every Record that shall be ordered by any Attorney of the Provin-
cial Court, to be made out, for any Tryal of any Issues at the As-
sizes, to be transmitted to the Clerk of Assize of the Circuit where
the Issue is to be try'd (who is by this Act obliged to receive and
carry the same to the Circuit,) before the Assizes for that Shore
whereon the Issue is to be tried, begins; under Penalty of paying
unto the Party that suffers for want of the Record being trans-
mitted, such Costs and Damages as shall be by the Justices of the
Provincial Court, judicially sitting, ordered and adjudged; which
said Justices are hereby, upon Complaint made to them, required
after a summary Manner to proceed to Judgment thereon.
Provided always, That the Secretary shall not be obliged to an-
swer any Damages or Costs to any Person, by Virtue of this Act,
unless Orders in Writing for transmitting the Records, as aforesaid,
be left with the Clerk of the Provincial Court, at least Thirty Days
before the Beginning of the Assizes on the Shore where the Issue
is to be try'd.
Provided also, That the Records being lodged with the Clerk of
Assize, after the Manner aforesaid, shall not impower the Judges
to compel a Tryal against the Will of the Plantiff, unless where the
Record is taken at the Request of the Defendant, in order for Tryal,
by Proviso.

Chap. VII
[Repealed
in part by
1728, ch. 10,
and totally
expired
October 30,

1730]
p. n

An Act concerning Tobacco.

Whereas Tobacco, the only Staple of this Province, and the prin-
cipal Dependance of its Inhabitants, has been for several Years, and
now is so very low, that the Makers of it cannot possibly support
themselves by the Produce thereof: And whereas the large Quan-
tities of Trash, and Unmerchantable Tobacco usually made and
shipped, hath been, and always will be (if not remedied) very detri-
mental to the Trade in general; and that the Peoples Backwardness
in getting their Tobacco ready in a reasonable Time, hath not only
occasioned very great Delay and Charge, in the Lading and Dis-
patch of Ships, but sometimes of the Loss of Ships and Mens Lives,
and always of great Damage to the Tobacco it self, in Winter
Passages; besides missing the Opportunity of early and quick Mar-
kets, (the Life of Trade:) For Remedy whereof,
Be it Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of His Lordship's Governour,
and the Upper and Lower Houses of Assembly, and the Authority