Acts. 607

claiming the same, shall prove by his, her, or their own Oath, or
Affirmation if a Quaker, or the Oath or Oaths, or Affirmation if a
Quaker, of any other credible Person (which Oath or Affirmation
any Magistrate is hereby authorized and required to administer,
" That such Tobacco so taken under Carriage, was at such Time
carrying to be inspected at some Inspecting-House, agreeable to the
Laws of this Province: " Such Proof shall exempt the Person so
carrying, or Owner or Claimer of such Tobacco, from the Penal-
ties, other than the Loss and Burning of such trashy Tobacco.

Liber B. L. C.

And be it further Enacted, That if any Person or Persons, shall
remove any Tobacco which shall be stopped or seized as aforesaid,
other than such Person or Persons who shall so seize the same, or
some other by his or their Order, or who shall rescue or attempt to
rescue any Tobacco, which shall be so stopped and seized as afore-
said; such Person or Persons so offending, shall forfeit and pay
fifteen Pounds Current Money for every Hogshead or Parcel of
Tobacco, so removed, rescued, or attempted to be rescued as afore-
said, to be recovered in the Court of the County, where such Offence
shall be committed, or the Party or Parties reside, by Action of Debt,
Bill, Plaint, or Information, wherein no Essoyn, Protection, Wager
of Law, or more than one Imparlance shall be allowed, for the Use
of the Person or Persons making such Seizure as aforesaid.

[Penalty on
Persons
attempting
to rescue
trashy
Tobacco
when seized.]

And be it further Enacted, That if any Person or Persons shall
be sued, prosecuted, or impleaded for any Matter or Thing, by him,
her, or them done, pursuant to, and in Execution of this Act; such
Person or Persons so sued, prosecuted, or impleaded, shall be at
Liberty to plead the General Issue, and give this Act and the special
Matter in Evidence; and if the Plaintiff or Informer shall be Non-
suit, discontinue his Suit, or a Verdict be had against him, then, and
in either of these Cases, the Defendant or Defendants shall not only
be acquit thereof, but shall by Judgment recover against such Plain-
tiff or Informer treble Costs.

[Of Persons
sued for
putting this
Act in
Execution.]

Provided always, and it is hereby Enacted and Declared, That
every Information to be made in Pursuance of this Act, shall be
made within three Months, next after the Offence committed, and
not after.

[Proviso.]

This Act to continue until the first Day of December, which shall
be in the Year of our Lord God, One thousand seven hundred and
fifty three.

[Continuance
of this Act.]

28^th May 1751
Read and Assented to
by the Lower House of
Assembly
Signed p Order
Mr Marnemara Ci lo. ho.

On Behalfe of the Right
Honourable the Lord Pro-
prietary of this Province.
I will this be a Law
Sam: Ogle

The Great Seal in
Wax Appendant

28^th May 1751 p. 527
Read and Assented to
by the Upper House of
Assembly
Signed p Order
J Ross Ci Up. Ho.