IV.  And be it further Enacted, by the Authority, Advice and Consent aforesaid,
That if any Debtor who hath tendered Tobacco to his Creditors, which
is in very good Condition, clear of all manner of Trash, according to the tenor
of the Specialty aforesaid, and well packed in good seasoned Hogsheads, and/
which Hogsheads of Tobacco contain Five Hundred Pounds of neat Tobacco,
at the least, and which the Creditor refused and hath such Tobacco ready to
tender and pay to his Creditor, be yet notwithstanding sued and prosecuted at
Law, in order to recover such Tobacco as he shall be indebted to his Creditor;
if at the Trial the Defendant shall make appear by two sufficient Evidences,
that he tendered to the Plaintiff such his Debt, in such Tobacco,
qualified as aforesaid, having the Tobacco ready and full packed in Hogsheads,
before the Plaintiff purchased his Writ; then and in every such Case,
the Plaintiff shall not recover any Cost of Suit against the Defendant, but
shall pay the Defendant what Cost the Defendant hath in that Cause expended,
to be deducted out of the Plaintiff's Debt by the Court before whom
such Suit shall be:  And the Plaintiff shall have Judgment for what shall be
remaining due to him after such Deduction made as aforesaid.

    V.  And in case any Plaintiff, after such Recovery had of any Quantity of
Tobacco against any Defendant, having Tobacco packed in Hogsheads, and
qualified as aforesaid, shall refuse, upon the Defendant's tendering of such
Tobacco, to receive the same, but shall sue out Execution against the Defendant,
whereby the Defendant is taken in execution, and imprisoned; may, on
and in such Case, and Friend of the said Defendant so imprisoned, may, on
Behalf of such Prisoner, go to the High-Sheriff, and require him to certify
to the next Justice of the Peace, at whose Suit, and for what Sum, the said
Prisoner is in Execution; which Certificate the Sheriff shall make gratis,
and give to such Person requiring the same, within Five Hours after such Demand,
under Penalty of Two Thousand Pounds of Tobacco in Cask, to be
forfeited by the High-Sheriff if he wilfully refuse to make the same; the one
Half thereof to her Majesty, her Heirs and Successors, for the Support of
Government, the other Half to the Party grieved, to be recovered by Action
of Debt, in any Court of Record of this Province:  Which Certificate, so
obtained, any Friend or Agent of such Prisoner, shall shew to such next justice
of Peace; and if such Friend or Agent will aver, that the Prisoner hath
Tobacco ready to pay such Debtor Damages recovered convenient, and that
such Friend will open and shew the same, the said Justice of Peace shall either
go in Person, or send two discreet persons, Freeholders as aforesaid,
sworn before him, to view the Tobacco and weigh it, and make Report thereof;
and if it happen the Tobacco is found, merchantable, and of such Weight
to discharge the whole Sum mentioned in the Execution, then shall the said
Justice give Notice to the Sheriff in Writing, under the Hand of such Justice,
by the Agent of such Prisoner, that except such Sheriff come and shew
good Cause to the contrary, that the said Justice will cause the said Tobacco
to be marked on the Creditor's Risque; and if Cause be not shewed within
Forty-eight Hours after the Date and Service of such Writing, which shall
be dated on or at a certain Hour of a certain Day, that then the Justice shall
cause the said Tobacco to be marked and numbered, and shall send the Sheriff
a Certificate of the Mark, Number, Weight, and Place where such Tobacco
lies, on the Creditor's Account:  And, in case the Prisoner is not in his Custody
on any other Account, he shall suffer him (paying, or giving Security for his
Fees) to go at large, and shall not be answerable upon any Action of Escape;