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And be it likewise Enacted, That any Justice of the Peace of any
County, near the Place where any Ship, Sloop, Boat, or other Vessel
shall ride, upon Application to him made, by any Person suspecting
any Tobacco in any Hogshead or Hogsheads, which shall be laden
on board such Ship, Sloop, Boat, or other Vessel, contrary to the
Directions of this Act, or any other Law of this Province; such
Justice shall, and is hereby impowered and required to issue his
Warrant directed to the Sheriff or any Constable of his County, and
the Sheriff or Constable shall have full Power and Authority, and is
hereby required to enter and go on board such Ship, Boat, or other
Vessel, to search for and seize such Tobacco, and the same being
seized shall be brought on shore, and carried before the same, or
any other Justice, who shall cause the same to be immediately
weighed, and if trashy or bad, immediately burnt; if good, carried
to the Inspecting-House there to be inspected, and sold for the Use
of the County. And if any Master or Commanding Officer of any
Ship or Vessel, or the Skipper of any Sloop, Boat, or other Vessel,
or any other Person whatsoever, shall resist the Officer in the Exe-
cution of any such Warrant, every such Master or Commanding
Officer shall forfeit and pay fifty Pounds; and every such Skipper,
Sailor, or other Person so resisting, shall forfeit and pay twenty
Pounds; which Forfeitures shall be recovered in any Court of
Record of this Province, by Action of Debt, Bill, Plaint, or Infor-
mation, wherein no Essoin, Protection, or Wager of Law, nor more
than one Imparlance, shall be allowed; one half thereof to the In-
former, the other half to be applied to the several and respective
Counties, to defray the Expence that hath or may accrue in the due
Execution of the first recited Act. And if any Action shall be
brought against any Justice of the Peace, Sheriff, Under Sheriff, or
Constable, or other Officer appointed by this Act for doing any
Thing in Execution of this Act, the Defendant may plead the Gen-
eral Issue, and give this Act in Evidence; and if the Plaintiff shall
be Nonsuit, or a Judgment pass against him upon a Verdict or
Demurrer, the Defendant shall recover double Costs.
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[Tobacco to
be seized, if
shipped con-
trary to the
Intention of
this Act.]
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And be it likewise Enacted, That where any Person hath made
Oath, or Affirmation if a Quaker, before any Magistrate, to any
Tobacco made before the first Day of December, Seventeen hundred
and forty-seven, in order to ship the same on board any Ship, Sloop,
or other Vessel, and hath obtained a Certificate thereof from such
Magistrate; and that such Person is dead, or shall die before such
Tobacco shall be loaden on board any Vessel for Transportation;
in every such Case, the Certificate of such Magistrate, before whom
32
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p. 518
[Magistrates
to grant
Certificates
for To-
bacco, &c.]
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