CHAP.
XXII.
If Tobacco,
so received
and marked,
be seized by
the Sheriff in
the Debtor's
Tobacco-house,
and
such Debtor
refuse to
make other
Satisfaction,
any two Justices
may award
Execution,
&c. for
Debt and
Costs.
Altering the
Marks or
Quality of
Tobacco so
received
(without
Warrant from
the Owner)
shall be adjudged
Felony,
&c.
If prosecuted
within a Year
and a Day.
What shall be
deemed False
Packing. |
to any Damage which shall or may happen, to any Tobacco so left with
him
to keep secure, through any other Casualty whatsoever.
IV. And
be it
Enacted, by the Authority
aforesaid, by and with the Advice
and Consent aforesaid, That
any Person or Person whatsoever, Merchants and
Others, within this Province, that have at any Time within Twelve Months
last past, received, marked or nailed, or for the future shall receive,
mark or
nail, any Hogshead or Hogsheads of Tobacco, within this Province, of any
Person or Persons, Debtors, within the same, and which hath been paid and
delivered to them for Satisfaction of their said Debts, and such Merchants
or
Others have, upon Receipt, marking and nailing such Hogshead or Hogsheads
of Tobacco, delivered up their Bills, or other Security, to their respective
Debtors, or their said Debts; or if the said Merchants or Others, have
given
Releases or Discharges, to their said Debtors, of the said Debt; and that
before
the said Merchant or Others could remove the said Hogshead or Hogshead
of Tobacco from the said Debtor's Tobacco-Houses, if any Sheriff shall
come
and seize such Tobacco, so marked and nailed as aforesaid, that then,
and in
every such Case, if the Party refuse to make and give to the said Creditors
some other full Satisfaction for their said Debts, it shall and may be
lawful for
any Two of his Majesty's Justices if the respective Counties within this
Province,
upon due Proof thereof made before them, of the said Debt and
Sheriff's Seizure as aforesaid, and the Party Debtor refusing to make that
full
Satisfaction to their Creditors for their said Debts, at the Creditor's
Request,
to award him Execution, with such Costs, not exceeding One Hundred
Pounds of Tobacco, against the Body, Goods or Chattels of such Debtors,
to
be executed by the Sheriff for Satisfaction of the Creditors just Debt
and
Costs as aforesaid, in as full and ample Manner, as if the Debt were recovered
by due Course of Law.
V. And
be it
further Enacted, by the Authority,
Advice and Consent aforesaid,
That the altering or scratching
out of the Mark of any Tobacco, received
and paid in Hogshead, or altering
or changing the Quality of Tobacco
in Hogsheads so received or paid, either by Uncasing or otherwise,
without lawful Warrant in Writing under the Hand of such Person who received
the same, or for whose Use the same was received and paid, be deemed
and adjudged Felony. And whosoever shall be found guilty thereof,
by Confession,
or by Verdict of Twelve Men, in any Court of Record within this Province,
shall have Judgment to restore Fourfold to the party grieved, and stand
in the Pillory Two Hours, during the Court TIme, with his Offence fairly
written in Paper, and placed on the Back of such Convict Person.
VI. Provided,
That no Person be prosecuted
on this Act for the aforesaid
Offence, after One Year and a Day from the Time of the Offence committed.
VII. And
to prevent the fraudulent Practices
used in Packing Tobacco in
Hogshead; Be it Enacted, by
the Authority, Advice and Consent aforesaid,
That if any person or persons,
having the Possession, Property, Rule, Directions,
Overseeing or Government, of any Plantation, or Place where Tobacco
is or shall be made, shall use any fallacious, fraudulent or deceitful
Means or Practices, to conceal or hide any Frost-bitten, trashy Ground-Leaves,
or small dull Scrubs, or any Stalks, Stems, Wood, Stones, Dirt, or any
other
manner of Trash, or old decayed Tobacco, in the inward Parts of such
Hogshead, when the Generality of such Tobacco as shall be packed in the
outward Parts is good, sound and merchantable; or that it shall be deemed
or adjudged by the Court of the Jury before whom such Matter shall be Tried
or called in Question, that such Packing falls within the ancient common
received
Notion of what False Packing has been hitherto reputed to be; and
any such Hogshead or Cask of Tobacco pay, or offer or tender to pay away,
on any Account whatsoever, that then the Person or persons that shall pack, |