Acts. 185

and pay after the rate of four hundred Pounds of Tobacco for every
hundred Weight of such Tobacco upon every such Refusal to be
recovered as the Case may require before a single Magistrate or in
the County Court by Action of Debt or Indictment the one half to
him or them that shall sue or inform concerning the same and the
other half to the Use of the County where such Offence shall be
Committed to be applied towards defraying the Charge of Inspection
as aforesaid and in Case neither of the Inspectors attending that
House shall happen to be present then the said Person stopping and
seizing the said Tobacco is hereby directed to summon one or both of
the Inspectors immediately to attend at such Warehouse to receive and
secure the same and the Inspector or Inspectors so attending shall
search View and examine the same and proceed in such Case in
like Manner as he or they are directed with Regard to Trashy or
unmerchantable Tobacco which shall be found in any Tobacco House

Liber R. G.
1773
[Penalty on
Refusal].

Store House Warehouse Barn or other Outhouse 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 im-
mediately repair to some Magistrate and inform him that he hath
seised 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 recovery thereof as is before directed by
this Act

p. 227

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 Magistrate is hereby author-
ized and required to administer that such Tobacco so taken under
Carriage was at such Time carrying to be inspected at some Inspect-
ing House agreeable to the Directions of this Act such Proof shall
exempt the Person Carrying or Owner or Claimer of such Tobacco
from the Penalties other than the Loss and Burning of such Trashy
Tobacco

[Proviso.]

And be it enacted that if any Person or Persons shall remove
any Tobacco which shall be stopped or seized as aforesaid 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 aforesaid such
Person or Persons so offending shall forfeit and pay two thousand

[Penalty on
Persons res-
cuing, &c.
seized
Tobacco]