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Session
Laws
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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 Sixteen Years of Age, employed
in making Tobacco, of whom a false Account shall be given; and Two
Thousand Pounds of Tobacco for wilfully refusing to shew all the
Tobacco planted on any Plantation.
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 entring or listing any Person under Sixteen Years of
Age, a Taxable, or that is under Twelve or Thirteen Years of Age,
allowed by this Act to plant Tobacco, to be above those Ages, the
Age of the Person so listed, shall be proved and determined by the
Parish Register; or by 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 Plantations,
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 Tobacco, 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 To-
bacco, shall be heard, tried, and determined by a Justice of the Peace,
as in Case of small Debts. And that all Penalties and Forfeitures,
exceeding Four Hundred Pounds of Tobacco, shall be recoverable
in the respective County-Courts where the Offences shall be com-
mitted, by Action of Debt, Bill, Plaint, or Information, Presentment,
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 enquire
into the Behaviour of all Persons appointed to put this Act in Exe-
cution; and the Court may, upon any Presentment of the Grand- Jury,
if they think fit, oblige the Party presented, to answer such Present-
ment without any formal Indictment; and that if upon Confession
or Verdict, the Party shall be convict; or that if the Party shall be
convict on any Action, Bill, Plaint, Information, or Indictment, the
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