302 Assembly Proceedings, March 22-April 11, 1760.

L. H. J.
Liber No. 51
April 8

Hundred Pounds Current Money, to be recovered and applied as
herein after directed.
LXXXIV. And be it further Enacted, That in Case Two of the
Persons appointed Commissioners for any of the Counties aforesaid,
should die, refuse, or be otherwise rendered incapable to discharge
the Duties enjoined them by this Act, then the other Commissioner
shall, and he is hereby authorized and required to execute the Duties
aforesaid; and the Transactions of such Commissioner shall be as
valid, to all Intents and Purposes, as if no such Refusal, Death, or
Incapacity, had happened; any Thing in this Act, to the contrary,
notwithstanding.
LXXXV. And be it further Enacted, by the Authority aforesaid,
That if any Suit or Action shall be brought or prosecuted against
any Person or Persons, for any Thing done or to be done in Pur-
suance of this Act, that in every such Case the Action or Suit shall
be commenced within Six Months after the Fact committed, and
not afterwards, and the Defendant or Defendants in any such
Action or Suit, may plead the General Issue Not Guilty, and give
this Act and the special Matter in Evidence, at the Trial to be had
thereupon, and that the same was done in Pursuance and by Authority
of this Act; and if it shall appear so to be done, or if any such
Action or Suit shall be brought after the Time limited for bringing
the same, then the Jury shall find for the Defendant or Defendants ;
or if the Plaintiff or Plaintiffs shall become Nonsuit, or suffer a
Discontinuance of his, her or their Action or Actions, or if a
Verdict shall pass against the Plaintiff or Plaintiffs, of upon

p. 257

Demurrer, Judgment shall be given against the Plaintiff or Plain-
tiffs, the Defendant or Defendants shall and may recover Treble
Costs, and have such Remedy for the same as any Defendant or
Defendants hath or have for Cost of Suit in other Cases at Law.
LXXXVI. And be it further Enacted, That the several Fines
and Forfeitures mentioned in this Act, except where it is otherwise
directed by this Act, shall and may be recovered by Action of Debt,
Bill, Plaint or Information, with Costs, in any Court of Record
within this Province, wherein no Essoin, Protection or Wager of
Law, shall be allowed; one Half thereof to the Informer, or him
or them that shall sue for the same, the other Half thereof to the
Commissioners or Trustees aforesaid, to be by them applied to the
replacing and sinking the several Sums of Money granted by
this Act.

LXXXVII. And whereas the frequent Use of Carriages may be
necessary; Be it Enacted, That from and after the End of this
Session of Assembly until the First Day of November, One Thou-
sand Seven Hundred and Sixty, when and as often as the Service
may require the carrying of Gunpowder, Shot, Lead, Arms, Cloath-
ing, or any military Stores or Accountrements whatsoever, or Pro-