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606 Assembly Proceedings, May 15-June 8, 1751.
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Liber B. L. C.
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Pounds of Tobacco which shall be so taken and burnt as aforesaid ;
to be recovered either against the Person Owner of the said House,
Vessel, or other Place, knowing the said Tobacco to have been there ;
or against the Person owning such Tobacco at the Time of such
Seizure, by Warrant before a single Magistrate out of Court, with
full Costs, and to be levied by Way of Execution against the Person,
Goods, or Chattels of the Party so offending, by the like Authority.
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[Trashy To-
bacco under
Carriage
to be seized.]
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And be it likewise Enacted, That where any Person or Persons
whatsoever, shall discover under Carriage, any trashy or unmer-
chantable Tobacco, he or they so discovering shall be, and they are
hereby authorized and required to stop and seize such trashy or un-
merchantable Tobacco, then and there found, and the same shall
convey, or shall direct and require the Party or Parties so carrying
the same as aforesaid, to carry such Tobacco to the next or any
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[Penalty on
refusing to
carry such
Tobacco
to the next
Inspection
House.]
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other convenient Inspecting-House; and that such Party or Par-
ties refusing to carry the same, shall forfeit and pay after the Rate
of fifty Shillings Current Money, for every hundred Weight of such
Tobacco upon every such Refusal; to be recovered as the Case as
aforesaid may require, before a single Magistrate, or in the County
Court, by Action of Debt, Presentment, or Information; the one
half whereof to him or them, that shall sue or inform concerning
the same, and the other half to the Use of the County, where such
Offence shall be committed, to be applied towards defraying the
Charge of Inspection as aforesaid: And in Case neither of the
Inspectors attending that House, shall happen to be present, then the
said Person stopping and seizing the said Tobacco, is hereby directed
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[Duty of
Inspectors
on receiving
such
Tobacco.]
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to summons one or both of the Inspectors immediately to attend at
such Warehouse to receive and secure the same, and the Inspector
or Inspectors so attending, shall search, view, and examine the same,
and proceed in such Case, in like Manner as he or they are directed,
with Regard to trashy or unmerchantable Tobacco, which shall be
found in any Tobacco House, Storehouse, Warehouse, Barn, or
other Outhouse, Ship or other Vessel, Inclosure or other Place what-
soever, not burthening the Party who carries the same, or the Owner
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p. 526
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thereof with any Charge for Carriage; and then after such Inspec-
tion made as aforesaid, the Person or Persons so stopping and seiz-
ing such Tobacco, shall immediately repair to some Magistrate, and
inform him, that he hath seized and secured such Tobacco in Man-
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[Duty of
Magistrates
in such
Cases.]
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ner aforesaid; and the Magistrate shall and he is hereby authorized
and required to proceed therein, with respect to the fining or binding
over (as the Case shall require) such Offender or Offenders; and he,
she, or they so offending, shall be liable to the same Penalties, and be
under the same Mode of Prosecution for the Recovery thereof, as is
before directed by this Act. Provided always, That in all Cases where
any such Tobacco under Carriage shall be seized and carried to any
Inspection-House as aforesaid, if the Person or Persons carrying or
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