Acts. 175

dead and has not left personall Estate Sufficient to pay said debt nor
hath left any person as his heir at law to represent him that may be
liable to an Action on said bond within this province.
It is therefore humbly prayed that it may be Enacted.
And be it Enacted by the Queens most Excellent Maj^ty by and with
the advice and Consent of her Maj^tys president Councill and Assem-
bly of this province and the Authority of the same that the same land
be deemed taken and adjudged to be as Effectually mortgaged by
the said Sam^l Withers to the said Robert Smith his heirs Execut^rs and
adm^rs for the Security of the debt af^d to all Intents and purposes
whatsoever as if the same had been mortgaged to the said Robert
Smith Esq^r his heirs and Assignes for the debt af^d by a firm deed
thereof duly Executed acknowledged and recorded according to the
directions of the aforementioned act, and that the said Bond by
Vertue of this Act be deemed taken and reputed to be an Effectuall
mortgage thereof accordingly Subject nevertheless to the allowance
of any payments that shall appear to have been made in Satisfaction
of the said debt and Subject also to the redemption of any that right
have to redeem the same and that the same bond be in all respects
deemed to be an Effectuall Mortgage as af^d any law Statute usage
or Custome to the Contrary notwithstanding.

Liber LL, 4
Acts

An Act against false packing of tobacco

Forasmuch as the false and fraudulent practices used in packing
tobacco in hoggsheads have not hitherto been Sufficiently provided
against, the Common law not being Severe Enough in the Punish-
ment thereof, and for that it is found by Experience of late that
such frauds and falsities are more frequently Committed than here-
tofore they have been and that it is high time they should be prevented
for the future by some Speedy remedy to be in that behalf Provided
Be it Enacted by the Queens most Excellent Maj^ty by and with the
advice and Consent of her Maj^tys president Councill and Assembly of
this province and the authority of the same that if any person or per-
sons haveing the possession property rule directions Overseeing or
governance of any plantation or place where tobacco is or shall be
made shall use any fallacious fraudulent or deceitfull means or prac-
tices to Conceal or hide any frost bitten Trashy ground Leaves or small
dull Scrubbs or any Stalks Stems wood stones dirt or any other manner
of trash or old decayed tobacco in the inward parts of such hoggshead
when the generality of such tobacco as shall be packed in the outward
parts is good sound & merchantable or that it shall be deemed or ad-
judged by the Court or the Jury before whome Such matter shall be
tryed or Called in question that such packing falls within the ancient
Common received notion of what false packing has been hitherto
reputed to be and any such hoggshead or Cask of tobacco pay or offer
or tender to pay away on any account whatsoever that then the person

Acts of
Oct. 1713,
ch. 8
p. 88