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186 Assembly Proceedings, November 16-December 23, 1773.
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Liber R. G.
1773
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four hundred Pounds of Tobacco for every Hogshead or Parcel
of Tobacco so removed rescued or attempted to be rescued as
aforesaid
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[Suits to be
commenced
within Six
Months.]
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And be it enacted that if any Suit or Action shall be Commenced
against any Person for what he shall do in Pursuance of this Act
such Action shall be Commenced within six Months after the Fact
Committed and not afterwards and the Person so sued may file
Common Bail or enter a Common Appearance and plead the General
Issue and may give this Act and the Special Matter in Evidence and
if the Plaintiff or Prosecutor shall be Non Suit or discontinue his
Suit or if a Verdict be had against him or if upon Demurrer Judg-
ment be given against him the Defendant shall recover Treble Costs
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[Masters of
Vessels not
to remove
Tobacco
from any
Warehouse
without
sufficient
Covering.]
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And be it enacted that no Master or Commander of any Ship or
other Vessel taking Tobacco on Freight shall remove or transport
any Freight Tobacco from any Warehouse in Order to be put on
Board his Ship or Vessel in any open Boat or undecked Vessel or
on the Deck of any Vessel without such good and sufficient Cover-
ing as will secure such Tobacco against Rain under Penalty of three
thousand Pounds of Tobacco for every offence
And be it enacted that if any Master of a Ship or other Vessel
within this Province after the first Day of January next shall
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p. 228
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receive any Hogshead or Hogsheads of Tobacco on Board his said
Ship or Vessel on Freight and shall either by himself or any other
Officer or Person on Board his said Ship or Vessel under his Com-
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[Nor suffer
any Hogs-
head of To-
bacco to be
cut, &c.]
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mand Cut or suffer any Hogshead or Hogsheads of Tobacco to be
cut Cropped or lessened in their Length or Breadth or by any other
Ways or means abused defaced or impaired to be proved by the
Oath of any sufficient Person to whom the Tobacco is consigned
in great Britain or other sufficient Witness taken before any
Magistrate and a Certificate thereof made by any Notary Public
and sent hither under his hand and Seal or by any other Legal
Proof whatsoever shall forfeit and pay the Sum of three thousand
Pounds of Tobacco to be recovered and applied as hereafter directed
And be it enacted that it shall and may be lawful for any Person
having Tobacco on Board any Ship or other Vessel or any Collector
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[Vessels to
be searched.]
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Naval Officer or Searcher to go on Board such Ship or other Vessel
in the Day Time during her Loading to search and discover whether
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[Penalty on
Persons
opposing.]
[Justices and
Inspectors
to meet
yearly, to
determine
what Re-
pairs, &c.
are wanting
in Ware-
houses, &c.]
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any Breach has been made of this Act and if any Master Mariner
or other Person shall hinder or oppose such Search such Person
shall for every such Offence forfeit and pay the Sum of Three
thousand Pounds of Tobacco to be recovered and applied as by this
Act directed
And be it enacted that the Justices and Inspectors of each Respec-
tive County shall meet at the Court House of their respective Coun-
ties on the Monday after the first Meeting of every November
Court Yearly if fair Weather (if not on the next fair Day) under
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