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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 206   View pdf image (33K)
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206 Assembly Proceedings, June 23-July 8, 1755.

Liber H. S.
No. 1

Others in Trust for their Use, or to their Allies, or any of them,
such Person or Persons shall forfeit and pay to the Right Hon-
ourable the Lord Proprietary, for the Uses in this Act hereafter
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.
And it is hereby Enacted, That the several Forfeitures herein men-

[Forfeitures
how recov-
ered.]

tioned 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.
And be it further Enacted, That where any Person or Persons

[The Onus
Probandi to
lie on the
Person
sued.]

shall be sued or prosecuted, by Virtue of this Act, the Onus Pro-
bandi shall lie on the Person sued, or prosecuted, to make appear
where he or they disposed of such Ammunition, Warlike Stores, or
Provisions.
And be it likewise Enacted, That all the Monies and other Things

[Forfeitures
how ap-
plied.

arising by the Forfeitures in this Act, except the Part to the Inform-
ers, shall be paid to the Treasurer of the respective 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.
And for the more effectual preventing the carrying Ammunition,

[Proclama-
tion to be
issued.]

Warlike Stores, or Provisions of any Kind, from the back Parts of
this Province, his Excellency Horatio Sharpe, Esq; or the Gover-
nor or Commander in Chief for the Time being, is hereby requested
to issue his Proclamation, or Proclamations, to be published in the
Western Limits of this Province, charging all Officers, Civil and
Others, to be aiding in the Prevention of carrying any Ammuni-
tion, Warlike Stores, or Provisions of any Kind, to the French, and
their Indian Allies, or to Others in Trust for them, 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.
And for the better Encouragement of Persons to discover any

[One Moiety
to the
Informer.]

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
Conviction, one Moiety of all and every Forfeiture or Forfeitures
herein before mentioned.

p. 193

[In Case the
Provisions,
&c. be car-
ried to Spain
or Portugal.]

Provided always, That in Case any Person or Persons shall or
do, within this Province, load on board any Ship or Vessel, any
Ammunnition or Warlike Stores, Wheat, Indian Corn, or Provisions
of any Kind, more than shall be necessary for the Use of such Ves-
sel, it shall and may be lawful to and for such Person or Persons to



 
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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 206   View pdf image (33K)
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