|
|
Session
Laws
p. 36
|
Officer, as aforesaid, who are thereby required to be aiding and
assisting to such Informer therein, to seize and mark with the Broad
Arrow, every such Hogshead or Hogsheads of Tobacco as such In-
former shall request such Justice, or other Officer, to view, on Sus-
picion of exceeding the Gauge aforesaid: And also, that such Justice,
or other Officer, shall, on Request of such Informer, and is hereby
required to proceed in such Manner as he shall think most proper, to
examine the Gauge thereof, so as no Hogshead or Hogsheads of
Tobacco stowed away on Board any Ship, or other Sea Vessel, shall,
on such Information, be unstowed, unless such Hogshead or Hogs-
heads appear in View, and if, upon such Examination, any Hogshead
or Hogsheads shall be found by such Justice or other Officer, as
aforesaid, to exceed the Gauge aforesaid, it shall and may be lawful
then, and not otherwise, for such Justice, or other Officer, immediately
to condemn the same to the Use of such Informer, who shall thereupon
be immediately vested with the Property thereof, and may convert the
same to his own Use accordingly; and the Judgment of such Justice,
or other Officer, therein shall be Final. And if the Tobacco so seized
and condemned, as aforesaid, should happen to be packed and paid
away by any other Person than the Party grieved, so losing such
Tobacco, that then, and in all such Cases, the Person or Persons, by
whose Order the same was packed and paid away, and condemned,
as aforesaid, shall satisfy and pay to the Party grieved, the like
Quantity of Tobacco so seized and condemned, as aforesaid: To be
recovered in the County Court where such Person or Persons shall
actually reside, who shall pack and pay away such Tobacco, seized
and condemned, as aforesaid, together with the Plaintiff's real Cost
expended thereon.
But in Case such Hogshead or Hogsheads be not found to exceed
the Gauge aforesaid, then such Mark of Seizure shall be struck out
by such Justice, or other Officer aforesaid, and the Seizure be
thereby released: But in Case any Person or Persons whatsoever, shall
have Sight of any Hogshead or Hogsheads of Tobacco, that he or
they shall suspect to exceed the Gauge aforesaid, it shall and may,
in such Case, be lawful for such Person or Persons immediately to
seize and mark the same, although no such Justice, or other Officer,
as aforesaid, be present: Of which Seizure, such Informer shall
forthwith give Information to some Justice, or other Officer afore-
said, living and residing in the County where such Hogshead or
Hogsheads shall be so marked or seized, who shall be by this Act
obliged to go with the Informer (to view and examine the Gauge of
such Hogshead or Hogsheads, as aforesaid; and shall, in all Things,
proceed to the Viewing, Examination, or Condemnation, of such
Hogshead or Hogsheads of Tobacco, after the same Manner, and to
the Uses aforesaid, or to releasing the Seizure thereof, as herein
before directed. And every Informer or Seizer, shall pay to the
Justice, or other Officer aforesaid, making such View or Coridem-
|
|
