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JOHN HART, Esq; Governor.
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1715. |
or cause to be packed any such Tobacco, in such Manner as aforesaid,
or wittingly
suffer the same so to be, shall for every Hogshead that they shall so
pack, or cause or wittingly suffer to be so packed and paid, or offered
or tendered
to be paid away, forfeit and pay the Quantity of One Thousand Pounds
of good, sound, merchantable Tobacco in Cask, the one Half thereof to our
Sovereign Lord the King, his Heirs and Successors, towards the defraying
the Charge of the County where such Fact shall be committed, the other
Half to the Party grieved; or in Default of Prosecution by the party grieved
within Three Months after Notice of such Fact committed, to the Informer,
or to him or them that shall sue for the same, to be recovered in any Court
of Record within this province, by Action of Debt, Bill, Plaint or Information,
wherein no Essoin, Protection or Wager of Law to be allowed.
VIII. And whereas
several People may complain it
will be an Hardship
upon them to throw away all their small, dull, scrubby Tobacco and Ground-Leaves;
Be it Enacted,
by the Authority, Advice and Consent aforesaid, That
if any person or Persons shall pack any such Tobacco, in Cask or otherwise,
by itself, without facing it with good Tobacco, with Design of Deceit;
and
shall, before Sale of such Tobacco, declare to the Party purchasing such
Tobacco, the Nature and Quality thereof, they shall not incur the Penalties
before in this Act imposed on such, as false-packed Tobacco; any thing
in
this Act to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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CHAP.
XXII.
Persons guilty
thereof,
and offering
any Hogshead
of Tobacco
so packed, in
Payment,
shall forfeit
for every such
Hogshead,
1000 lb good
Tobacco in
Cask.
But Persons
declaring the
Quality before
Sale,
shall not incur
the Penalty. |
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CHAP. XXIII.
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An ACT for Limitation of certain Actions, for avoiding Suits at
Law. Lib. LL. Nº 4. fol. 158.
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Passed 3d
June 1715. |
FORASMUCH as nothing can be more essential to this Peace and Tranquility
of this Province, than the Quieting the Estates of the Inhabitants
thereof; and for the Effecting of which no better Measures
can betaken, than a Limitation of Time for the commencing of such Actions,
as in the several and respective Courts within this Province are brought,
from
the Time of the Cause of such Actions accruing.
II. Be it Enacted,
by the King's most excellent Majesty, by and with the Advice
and Consent of his Majesty's Governor, Council, and Assembly of this Province,
and the Authority of the same, That
all Actions of Trespass Quare Clausum
fregit, all Actions of Trespass, Detinue, Sur-Trover, or Replevin for
taking
away Goods or Chattels, all Actions of Account, Contract, Debt, Book, or
upon the Case, other than such Accounts as concerns the Trade or Merchandize
between Merchant and Merchant, their Factors and Servants which are
not Residents within this Province, all Actions of Debt for Lending, or
COntract
without Specialty, all Actions of Debt for Arrearages of Rent, all Actions
of Assault, Menaces, Battery, Wounding and Imprisonment, or any of
them, shall be sued or brought by any Person or Persons within this Province,
at any Time after the End of this present Session of Assembly, shall be
commenced
or sued within the Time and Limitation
hereafter expressed, and not
after, (That is to say,) the said Actions of Account, and the said
Actions
upon the Case, upon simple Contract, Book-Debt, or Account, and the said
Actions for Debt, Detinue and Replevin for Goods and Chattels, and the
said Actions for Trespass Quare Clausum fregit, within Three Years
ensuing
the Cause of such Action, and not after; and the said Actions on the Case
for Words, and Actions of Trespass of ASsault, Battery, Wounding and Imprisonment,
or any of them, within One Year from the Time of the Cause
of such Action accruing, and not after.
III. And
be it further Enacted, by
the Authority aforesaid, That
if any Person,
entitled to any the Action or Actions aforesaid, shall be, at the Time
of
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Preamble.
What Actions
shall be
brought
within Three
Years.
What within
One Year after
Cause of
Action. |
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B b 2
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