THE Inhabitants of this Province, being, in a great measure, encouraged
by our most gracious Queen's Royal Assent to an Act of Parliament
made in the Third and Fourth Years of her said Majesty's
Reign, entitled, An Act for encouraging the Importation of Naval Stores
from
her Majesty's Plantations in America, to make Hemp within this Province;
and this present General Assembly being willing and desirous that the said
Encouragement should not prove ineffectual, but that so good and great
an
Advantage to this Province should be furthered and promoted; for further
Encouragement thereof do pray that it may be Enacted;
II. And be it
Enacted, by the Queen's most excellent Majesty, by and with the
Advice and Consent of her majesty's Governor, Council, and Assembly of
this Province,
and the Authority of the same, That if any Person or persons,
living or
inhabiting within this Province, shall hereafter make, by him, her, or
themselves,
or by his, her, or their Servants or Workmen, upon any the Lands
or Plantations within this Province, any Quantity or Quantities of Hemp,
or Flax, and cause the same to be Water-rotted, bright and clean, and made
merchant able; and that such person or Persons, making such Hemp or Flax,
be indebted to any Person or Persons residing or trading into this Province;
in any Sum or Sums of Money, or Tobacco, that then such Person or Persons,
to whom the same are, or shall be due, shall be, and are hereby obliged
to take and receive of and from such his, her, or their Debtor, or Debtors,
tendering * in some Port or Town within this Province, such Hemp or Flax,
Water-rotted, bright, clean, and made merchantable, one Fourth Part of
such Debt, due from such Debtor or Debtors, that can and will tender and
pay the same, after the Rate of Six Pence per Pound for Hemp, and Nine
Pence per Pound for Flax, and so proportionably for any greater or lesser
Quantity; and according to the same Rate in Tobacco, at One Penny per
Pound.
* By the Act of 1724, ch. 22, a
Tender of such Hemp or Flax, at the Dweling-house of
the Creditor, shall be good
in Law.
III. And if
any Creditor or Creditors shall refuse to accept and take such
Quantity of Hemp or Flax at the Rates aforesaid, when to them tendered
towards Satisfaction of his Debt; and shall, after such Tender, bring any
Action at law against the Debtor for the same, that then such Debtor pleading
a Tender of such Hemp or Flax, and proving the same to Effect, the
Plaintiff shall be a Non-suit, and shall pay Costs to the Defendant.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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Preamble.
Hemp of the
Growth, &c.
of this Province
made a
Staple at 6 d.
per lb. and
Flax at 9 d.
per lb. And
a Tender
thereof at
those Rates
for One
Fourth of any
Debt, to be
good in Law.
Creditors refusing
such
Tender, and
afterwards
suing, to be
Non-suited. |