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untared or false tared Hogshead shall be paid, or tendered to be
paid.
Provided, Such Person shall prosecute for such Penalty within
Four Days after the Payment or Tendering any untared Hogshead ;
and within Four Days after the Discovery of any false tared Hogs-
head: And in Default of Prosecution, by such Person, to whom any
untared or false tared Hogshead shall be paid, or tendered, within
Four Days, as aforesaid, that then any other Person may prosecute
for, and recover the said Penalty of Four Hundred Pounds of To-
bacco, for every Hogshead, so as aforesaid false tared or untared.
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And Be It Further Enacted, That every Prosecution, for any of
the Penalties contained in this Act, for false Packing, or untaring,
or false taring, or conniving at, or concealing the same, shall be
heard, and finally determined, by a single Magistrate, as in Cases of
Small Debts. Any Law, Usage, or Custom to the contrary thereof,
notwithstanding.
And Be It Further Enacted, That such Parts of the said recited
Acts, as impose any Penalty for the Offences of false Packing, false
Taring, and not Taring; and directing the Manner of prosecuting
for such Penalties: And also that Part of the said recited Act which
allows Forty Pounds of Tobacco, for each Hogshead paid away,
shall be and are hereby repealed and abrogated.
And Be It Enacted, by the Advice, Consent, and Authority afore-
said, That the Act ascertaining the Gauge and Tare of Tobacco-
Hogsheads; and to prevent cropping, cutting, and defacing Tobacco
taken on board Ships or Vessels upon Freight; and for laying Im-
positions on Tobacco per the Hogshead, for the Support of Govern-
ment; and for the encouraging Settlements in this Province, by
ascertaining the Manner of paying His Lordship's Alienation Fines
and Quit-Rents, for the Term therein proposed; and for the taking
off the Three Pence per Hogshead formerly raised for the Publick
Charge, shall be and continue until the Twenty Ninth Day of Sep-
tember, which shall be in the Year of our Lord One "Thousand Seven
Hundred and Thirty Two, except such Parts of Clauses thereof,
as are repealed or altered by this present Act.
And Whereas, it is not doubted, but that the Execution of this Act
will reduce the Quantity of Tobacco usually made and exported very
considerably; but in regard that Reduction cannot be certainly
known, and that it will in all Probability, be very advantageous
to the Country, it is reasonable and just, that an Equivalent should
be paid to the Lord Proprietary, for the Loss he would other-
wise sustain by lessening the Exportation. And whereas, upon a
Computation of the Tobacco exported in Seven Years, beginning in
the Year One Thousand Seven Hundred and Twenty One, it appears
in a Medium to be Twenty Eight Thousand Five Hundred and Fifty
Six Hogshead Yearly; the Duty whereof, at Three Shillings per
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