Acts. 461

Pounds of Tobacco to the Informer to be recovered with Costs by
Action of Debt or Information in any Court of Record within this
Province and every Inspector and Constable shall take the same Oath
or Affirmation if a Quaker at the first Court held for the County
where he resides or at the same Court if Sworn at the County Court
after he shall be Sworn into his Office under the like Penalty

Liber H. S.
No. 1
[Penalty for
not taking
the Oath]

And be it likewise enacted that any Justice of the Peace of any
County near the Place where any Ship Sloop Boat or other Vessel
shall ride upon Application to him made by any Person Susspecting
any Tobacco in Bulk or Parcel Hogshead or Hogsheads to be laden
on Board such Ship Sloop Boat or other Vessel Contrary to the
Directions of this Act such Justice shall and he is hereby empowered
and required to issue his Warrant directed to the Sheriff or any
Constable of his County and the Sheriff or Constable shall have full

[Justices to
issue War-
rants for
searching
Suspected
Vessels]

Power and Authority and he is hereby required to enter and go on
Board such Ship Sloop Boat or other Vessel to Search for and
Seize such Tobacco and the same being Seized shall be brought on
Shore and carried before the same or any other Justice who shall
cause the same to be immediately Weighed and if Trashy or bad
immediately burnt if Good carried to the Inspecting House there to

p. 472

be inspected and Sold for the use of the County and, if any Master
Owner or Commanding Officer of any Ship or Vessel or the Skipper
of any Sloop Boat or other Vessel or any other Person Whatsoever
shall resist the Officer in the Execution of any such Warrant every
such Master Owner or Commanding Officer shall forfeit and pay
eight thousand Pounds of Tobacco and every such Skipper Sailor
or other Person so resisting shall forfeit and pay three thousand two
hundred Pounds of Tobacco which forfeitures shall be recovered in
any Court of Record of this Province by Action of Debt Bill Plaint
or Information wherein no Essoin Protection or Wager of Law
nor more than one Imparlance shall be Allowed one half thereof
to the Informer the other half to be Applied to the several and
Respective Counties to defray the expence that hath or may accrue
in the due Execution of this Act And if any Action shall be brought
against any Justice of the Peace Sheriff under Sheriff or Constable

[Masters or
Skippers
resisting, to
be fined
8000lb and
the Sailors
each 3200lb
of Tobacco]

or other Officer Appointed by this Act for doing any thing in the
Execution of this Act the Defendant may plead the General issue
and give this Act in Evidence and if the Plaintiff shall be Nonsuit
or a Judgment pass against him upon a Verdict or Demurer the
Defendant shall recover Double Costs

And be it further enacted by the Authority aforesaid that no
Person taking upon himself the Office of an Inspector shall during
his Continuance in that Office or within two Years next after he
shall be out of his said Office be capable of being elected a Mem-
ber of the House of Delegates or shall presume to intermeddle
or concern himself with any Election of a Delegate or Delegates
Otherwise than by giving his Vote or shall endeavour to influ-

[Inspectors
not to be
capable of
being Mem-
bers of the
House of
Delegates,
or Collectors
of Quit
Rents, or
Public or
County
Levies; nor
to receive
Tobacco by
way of Loan,
Barter or
Exchange]