WHEREAS several honest Persons within this province being indebted
in Tobacco to divers persons, Merchants, and others, and well
disposed to pay the same, taking Care therefor, providing the
Tobacco; but oftentimes it so happens, that because an Opportunity or Conveniency
doth not offer to the Creditor to dispose thereof, they do frequently
refuse, neglect and delay to receive the said Tobacco in Discharge of the
Debts; whereby the Debtor remains in Debt, and the Tobacco by him procured
to pay the said Debts, remains in his hands, subject to all Casualty on
the Debtor's Account, and which he dares not make Use of for Fear of his
Creditor's demanding and suing after for the Debt: For Remedy whereof
for
the future;
II. Be it Enacted,
by the Queen's most excellent Majesty, by and with the Advice
and Consent of her majesty's President, Council, and Assembly of this Province,
and the Authority of the same, That any Person or Persons whatsoever,
inhabiting within this Province, and now being, or that hereafter shall
be
indebted to any Merchant or Others, either resident in or trading to this
Province,
that hath Tobacco ready, according to the Nature of the Debt he
owes, and is willing to pay the same, and hath offered it to his Creditors,
his Factor or Attorney, and by him or them refused, neglected, delayed
to
be received as aforesaid, it shall and may be lawful to and for such Debtor
or
Debtors, * at any Time between the first Day of November, and the
last Day
of March, in every Year, during the Continuance of this Act, and
at no other
Time, to repair to the next Justice of Peace, and there before him, upon
making Oath of such Tobacco being already tendered, and neglected, refused
or delayed to be received, the said Justice shall, and is hereby impowered
and
required to appoint two sufficient Persons, being Freeholders in the Neighbourhood,
(not being of Kin either to the Debtor or Creditor) where such Debtor
shall dwell, to view, search and look upon such Tobacco so ready to be
paid
in Discharge of the Debt, and tendered as aforesaid: Which two Persons
so
appointed shall take their Oaths, to be administered by the Justice aforesaid,
well and truly to try and examine into the Matter aforesaid, and make Report
to the Justice aforesaid. And if upon viewing the same, it be found
that the Tobacco aforesaid is clean, sound and merchantable, and fit to
be
paid in Discharge of the Debt aforesaid, they shall, and are hereby authorized
and impowered to mark the said Tobacco in Hogsheads upon the Head and
Bulge, for such Creditor as aforesaid, and weigh the same, and signify
the
neat Weight thereof unto the Justice aforesaid. Which Tobacco, so
tendered,
and refused to be received, being viewed, marked and weighed as aforesaid,
shall for ever after be esteemed and taken as the proper Goods and Tobacco
of the Creditor, and in absolute Discharge of the Debt aforesaid, or of
so much thereof as the same Tobacco shall weigh. Provided, each Hogshead
weighs Five Hundred neat, or upwards.
* The Time herein
limited being found too short, is extended to the last of May, by
1724,
ch.
6. See the said recited Act, §. 3.
III. And because
many Contracts, Bills and Bonds may be of different
Nature and Circumstances, It is hereby
further Declared and Enacted. That
upon every such Viewing as aforesaid, the Creditor, his Factor or Attorney,
shall have Notice thereof by the said Debtor, and if he do not come to
the
Place, and make known, by shewing the Contract or Obligation, the Circumstances
or Nature of the Contract or Obligation, if the Tobacco viewed
as aforesaid, be clean from Trash, sound and merchantable, it shall be
marked.
|
Preamble.
Tobacco refused
by the
Creditor
when tender'd
in Payment,
shall be viewed
by two
sworn indifferent
Free-holders,
to be appointed
by a Magistrate.
In what Manner
they shall
proceed.
The Creditor
to have Notice
of such
View; that he
may attend,
&c. |
