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142 Assembly Proceedings, May 21— June 16, 1730.
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Session
Laws
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ing and Examining Tobacco-Plants, and the other Services herein
before-mentioned, may not be neglected, thro' the Want of due
Notice to the Persons appointed to perform the same,
Be It Enacted, by the Authority aforesaid, That the Clerk of the
Vestry of each Parish, shall immediately after the Nomination of the
Persons appointed for examining and numbering the Plants of
Tobacco, deliver to each and every of them, a Copy of the Order for
their Appointment; and that if the Person eo appointed, shall not,
within Three Days after the Delivery of such Order, produce, or
send to the Clerk of the Vestry, a Certificate of his taking the Oath
(or Affirmation) prescribed by this Act, (which Certificate the
Person administering the said Oath, is hereby required to give him,)
that then, and in all such Cases, such appointed Person shall be
deemed and taken to have refused to accept of the said Office, and be
liable to the Penalty of paying One Thousand Pounds of Tobacco,
or the Sum of Five Pounds Current Money. And that the Clerk of
the Vestry, shall, in all such Cases, give one of the Church-wardens
immediate Notice of the Person appointed to be Counter, his omitting
to qualify himself according to the Direction of this Act. And that
the Church-warden shall forthwith call a Vestry to meet on the
Monday next following such Notice; which Vestry shall nominate
and appoint another fit Person in the Room of such as shall refuse to
accept of the Office of Counter as aforesaid. And if any of the
Persons nominated to be Counters as aforesaid, shall afterwards
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p. 5
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become disabled, before he hath performed the Duty hereby required
of him, such Person (if not prevented by Sickness,) shall give Notice
of such Disability, to one of the Church-wardens of his Parish,
within Two Days after the same shall happen: Or, in case such
Person becoming incapable as aforesaid, shall be prevented by Sick-
ness, from giving such Notice; that then, and in all such Cases, the
next Neighbour of such Person shall be and is hereby required, to
give Notice thereof to such Church-warden. And if in such Case,
the Vestry of such Parish shall fail to meet, and appoint Others in
the room of those so refusing, neglecting, or disabled, according to
the Directions herein before mentioned; every Vestry-man (the
Minister excepted) who shall then fail to meet, or refuse to do his
Duty at such Meeting, so as no Vestry can be held, shall forfeit and
pay the Sum of Thirty Pounds Current Money.
Provided Nevertheless, That if any of the Persons appointed to
put this Act in Execution, be hindered by Sickness, or other extra-
ordinary Accident, which he could not prevent, and make the same
appear to the County-Court, that he shall not be liable to any of
the Penalties contained in this Act.
Provided Also, That no Person whatever, shall be exempted
from being a Counter, who is fit and able to execute the Duty by this
Act required to be executed by a Counter; except Councellors,
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