CHAP.
XLVIII.
Offenders
shall suffer,
For the First
offence Two
Months Imprisonment,
and Loss of
the Value of
the Goods,
&c.
For the second
Offence
Six Months
Imprisonment,
and
double Value
of the Goods.
For the Third
Offence
to stand in
the Pillory,
forfeit all
their proper
Goods and
Chattels, and
suffer
Twelve
Months
Imprisonment.
This Act not
to extend to
debar the
Payment of
Wages in
such Goods. |
such first Sale, or for Tobacco to be shipped for Payment, or securing
the
Payment of any Bill or Bulls of Exchange, or for Ready Money, or Bills
of
Exchange to be drawn for Payment of the said Goods, Merchandized, or Servants,
with the Intent to avoid the Penalty by this Act hereafter provided and
imposed, or the said Goods, Merchandizes, or Servants, shall transport
out of
this Province, shall be accepted, reputed, and taken for an unlawful Ingrosser
and Regrator, and shall suffer such pains, Penalties and Forfeitures as
are
hereafter expressed; any Law, Statute, Usage, or Custom, to the contrary
thereof, in any wise notwithstanding.
II. And be it
Enacted by the Authority aforesaid, That if any Person or
Persons,
from and after the Publication hereof, offend in any of the Things before
recited, and being thereof duly convicted by the Confession of the Party,
or
the Oaths of Two Witnesses, before the Justices of the Provincial Court,
or
the Justices of the County Court, for the Time being, where the Offences
were
committed, shall, for his, her or their first Offence, have, or suffer
Imprisonment
for the Space of Two Months without Bail or Mainprize, and shall
also lose and forfeit the Value of the Goods, Merchadizes, or Servants,
so
by him or them bought or had. And if any Person or Persons, lawfully
convicted as aforesaid, of or for the second Offence, every such Person
or
Persons so offending, shall have and suffer, for his or their second offence,
and shall lose the double Value of all the Goods, Merchandizes, or Servants,
so by him or them bought or had as aforesaid.
III. And
be it further Enacted by the Authority aforesaid, That if
any Person
or Persons, being lawfully convicted as aforesaid, of or for the second
Offence, and shall again offend the third Time, and be thereof lawfully
convicted;
that then every Person , for the third Offence, shall be set in the Pillory,
in the City, Town, or in the full County, where he shall then inhabit
and dwell, and lose and forfeit all the Goods and Chattels, he or they
have to
their own use, and also be committed to Prison, there to remain during
the
Term of one whole Year. The one Moiety of all which Forfeitures to
be
to our Sovereign Lady the Queen, her Heirs and Successors, for the Support
of the Government of this Province; and the other Moiety thereof to the
Informer, or him or them that shall sue for the same, by Bill, Action of
Debt, Plaint, or Information, in any Court of Record within this Province,
wherein no Essoin, Protection, or Wager of Law to be allowed.
IV. Provided,
That this Act, or any thing therein contained, shall not
debar, or be construed to debar or hinder, any Person or Persons whatsoever,
within this Province, by or out of any Goods, or Merchandizes, by him or
them so bought or purchased as aforesaid, to satisfy and pay unto any Workman,
or Servant, the Hire, or Wages of him or them, due for any Work
or Service whatsoever.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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