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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 114   View pdf image (33K)
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1 14 Assembly Proceedings, Feb. 22-Mar. 26, 1755.

Liber H. S.
No. 1

[Penalty for
carrying any
by Land.]

And be it further Enacted, That in Case any Person or Persons
within this Province, shall carry any Ammunition, Warlike Stores,
or Provisions of any Kind or Denomination whatsoever, out of the
same Province, towards the Branches of the Ohio, or over the
Allegany Mountains, and the same sell, or dispose of, to the French,
or other in Trust for their Use, or to their allied Indians, or any of
them, such Person or Persons shall forfeit, and pay, to the Right
Honourable the Lord Proprietary for the Uses in this Act here-
after mentioned, double the Value of such Ammunition, Warlike
Stores, or Provisions of any Kind or Denominations whatsoever,
together with the Horses and Carriages made Use of to convey or
carry the same, contrary to the Tenor of this Act.

[Forfeitures
how re-
covered.]

And it is hereby Enacted, That the several Forfeitures herein
mentioned, shall and may be recovered in the Provincial Court of this
Province, by Action of Debt, Bill, Plaint, Information or Indict-
ment, wherein no Essoin, Protection, or Wager of Law, or more than
one Imparlance shall be allowed.

[Owners
Probandi.]

p. 178

And it is further Enacted, That where any Person or Persons
shall be sued or prosecuted by Virtue of this Act, the Onus Probandi
shall lie on the Person sued or prosecuted, to make appear where he,
she, or the disposed of such Ammunition, Warlike Stores, or Pro-
visions.

[Forfeitures
how to be
disposed of.]

And be it likewise Enacted, That all the Monies and other Things
arising by the Forfeitures in this Act, except that Part to the In-
formers, shall be paid to the Treasurer of the Western Shore, to be
by him accounted for to the General Assembly of this Province, from
Time to Time, and to be by them applied towards his Majesty's
Service, as to them shall seem needful.

p. 179

[Officers to
prevent Pro-
visions, &c.
being carried
to the
French
Westward.]

And for the more effectual preventing the carrying Ammunition,
Warlike Stores, or Provisions of any Kind, from the back Parts of
this Province; It is hereby Enacted, That his Excellency Horatio
Sharpe, Esq; or the Governor or Commander in Chief for the Time
being, issue his Proclamation, or Proclamations, to be published in
the said Western Limits of this Province, charging all Officers,
Civil and Others, to be aiding in the Prevention of carrying any
Ammunition, Warlike Stores, or Provisions of any Kind, to the
French, and their Indian Allies, contrary to the Tenor, true Intent,
and Meaning of this Act, and requiring all his Majesty's Liege
Subjects to discover, and make known to him, any Transgressions
against this Act.

[Informers
to have one
Moiety of
the For-
feitures.]

And for the better Encouragement of Persons to discover any
Transgression of this Act; It is hereby Enacted, That any Person or
Persons informing, or who shall inform, against any Person or
Persons transgressing against this Act, shall have, and receive upon



 
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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 114   View pdf image (33K)
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