492 Assembly Proceedings, October 4-November 26, 1763.

Liber H. S.
No. 1

found in any Tobacco House Store House Warehouse Barn or
other out House Ship or other Vessel Inclosure or other Place
whatsoever not burthening the Party who carries the same or the
owner thereof with any charge for Carriage and then after such
Inspection made as aforesaid the Person or Persons so Stopping
and Seizing such Tobacco shall immediately repair to some Magis-
trate and inform him that he hath Seized and secured such Tobacco
in Manner aforesaid and the Magistrate shall and he is hereby
Authorized and required to Proceed therein with respect to the
fining or binding Over (as the Case shall require) such Offender
or Offenders and he She or they so Offending shall be liable to the
same Penalties and be under the same mode of Prosecution for the

[Proviso, as
to Tobacco
under car-
riage going
to an
inspecting
house]
p. 502

Recovery thereof as is before directed by this Act Provided always
that in all Cases where any such Tobacco under Carriage shall be
seized and Carried to any Inspection House as aforesaid if the
Person or Persons Carrying or 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 Magestrate is hereby Authorized
and required to Administer that such Tobacco so taken under Car-
riage was at such time carrying to be Inspected at some Inspecting
House Agreeable to the directions of this Act such Proof shall
exempt the Person so carrying or Owner or Claimer of such Tobacco
from the Penalties other than the Loss and burning of such Trashy

[Tobacco
not to be
removed
after
Seizure,
except, &c]

Tobacco And be it further enacted that if any Person or Persons
shall remove any Tobacco which shall be Stopped or seized as afore-
said 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 two
Thousand four hundred Pounds of Tobacco for every Hogshead or
Parcel of Tobacco so removed rescued or Attempted to be rescued
as aforesaid 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 Essoin Protection or
Wager of Law or more than one Imparlance shall be Allowed for
the use of the Person or Persons making such Seizures as aforesaid

[Persons
sued for any
thing done
by virtue of
this act]

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 Nonsuit dis-
continue 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