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of the same, That if any Person or Persons, having the immediate
Rule, Directions or Government of any Plantation, where Tobacco
is, or shall be made, shall false pack any Hogshead, or other Pack-
age, or use any fraudulent or deceitful Practice or Means, to con-
ceal or hide any Frost-bitten trashy Ground-Leaves, small Scrubs,
Stalks, Sterne, Wood, Dirt, or any manner of Trash, or decayed old
Tobacco, and shall offer or tender to sell, or pay away the same, as
good merchantable Tobacco, and shall be convict of such false pack-
ing, before any Justice of the Peace, who shall, by Virtue of this
Act, have Cognizance thereof, as in case of small Debts, shall, for
every such Offence, forfeit Four Hundred Pounds of Tobacco, to
the Party to whom such Tobacco shall be paid, or tendered, or
offered to be paid; if such Party will prosecute for the same within
Two Months after the Offence committed: And in case such Party
shall neglect or refuse to prosecute, the said Penalty shall and may
be recoverable by any other Person, to his own Use, that will inform
and prosecute for the same, before any such Justice. Any Law,
Usage, or Custom to the contrary, notwithstanding.
And be it Enacted by the Authority aforesaid, That all Persons
making Tobacco within this Province, shall be oblig'd to get the
same ready packed and prized for Shipping, by the last Day of May
Yearly, during the Continuance of this Act; and that any Person
or Persons, that shall neglect or refuse to get his or their Tobacco
ready, as aforesaid, and shall presume to sell or ship any Tobacco
so neglected to be got ready, 'till the Tenth Day of November then
next, shall forfeit such Tobacco, or the full Value thereof; one
Moiety to be applied toward the Support of the Free-School of the
County where the Fact shall be committed, and the other Moiety to
him or them that will sue for the same; to be recovered in the
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County-court, by Action of Debt, Bill Plaint, or information,
wherein no Essoyn, Protection, or Wager of Law shall be allowed.
And be it further Enacted, That every Person paying away any
Hogshead or Hogsheads of Tobacco, shall mark, or cause to be
marked on the Bildge thereof, within Five Pounds of the real and
exact Weight of the Hogshead, on pain of Four Hundred Pounds
of Tobacco; to be recovered and applied in the same Manner as the
Penalty for False Packing.
And be it Enacted, That the Allowance for the Hogshead, from
the Buyer to the Seller, shall be Eight per Cent of the Neat Weight
of the Tobacco therein contain'd, and no more. And for the Pre-
vention of making Seconds,
Be it Enacted, by the Authority aforesaid, That all Persons hav-
ing the Rule and Direction of any Plantation or Place where To-
bacco shall be made, shall be obliged Yearly, and every Year, during
the Continuance of this Act, to cut up, or cause to be cut up, all the
Tobacco-stalks on such Plantation or Place, within the Space of
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