CHAP.
XVIII.
Persons suspected
of
withdrawing
themselves,
or Effects,
between the
last of February,
and 10th
June, may be
executed for
public Dues.
Oath thereof
to be made.
But not to be
executed if
they give
good Security.
Inspectors not
to pass any
Tobacco, between
the last
of July, and
1st of November,
unless,
&c.
Penalty, how
to be recovered.
What Costs
may be paid
in Gold or
Silver.
|
at any Time, between the last Day of February, and the Tenth
Day of June
next following, on Notice being to them respectively given, that any
or either
of the Inhabitants of the respective Counties, who is indebted to them
respectively,
as aforesaid (for which an Account hath been before the said last
Day of February delivered to, or left at the Dwelling-house of the
said Party),
that the said Party is about to withdraw him or herself, or his or her
Effects, from the Place of his or her Residence, whereby the said Sheriff
may be hindered from executing the same according to Law, that then and
in such Case, it shall and may be lawful for the said Sheriff to apply
himself
to any Magistrate of the County, and on such Sheriff's Application to,
and
on Oath made by the said Sheriff, or some other credible Person, before
the
said Magistrate, that the Sheriff or such Person, " is informed and verily
believes,
" that such Debtor is about to withdraw, or hath withdrawn, him
" or herself, or his or her Effects, out of the said County, and thereby
prevent
" the said Sheriff from Executing such Debtor, or his or her Effects, for
" the Tobacco or Money, so as aforesaid due to him;" which Oath shall be
made in Writing, and left with the said Magistrate, and by him returned
to
the next County Court; and the said Magistrate shall then give the said
Sheriff
a Warrant from under his Hand and Seal, and thereby direct and impower
the said Sheriff to levy the Tobacco or Money, so as aforesaid due to him,
in
the same Manner as he might do by this Act, after the Tenth Day of June;
all which the said Sheriff shall do by virtue of his Office, without any
Execution
Fee. Provided nevertheless, and
it is the true Intent and Meaning
of this Act, That if any Debtor as aforesaid, absconding or about to abscond,
will give such Sheriff good and sufficient Security, for the Payment
of all such
Public or County Levies, Parochial Charges, Officers or Lawyers Fees, at
any Time before such Distress and Sale made, that then and in such Case,
the
Sheriff shall, and is hereby obliged to take the same.
CXVI. And be
it further Enacted, That it shall not be lawful for any the
said Inspector or Inspectors to inspect or pass any Hogshead or Parcel
of Tobacco,
at any Time between the last Day of July, and the first Day of November
yearly, unless such Hogshead or Parcel of Tobacco be brought to, and
left at, the said Inspection House, on or before the said last Day of July
yearly,
and that if any Inspector or Inspectors, shall presume to inspect or pass
any
Hogshead, or Parcel of Tobacco, between the said last Day of July,
and the
First Day of November yearly, he or they so offending, shall forfeit
and pay
One Hundred and Sixty Pounds of Tobacco, for every Hundred Pounds
of Tobacco so by him or them inspected; to be recovered, if the same does
not exceed the Sum of Sixteen Hundred Pounds of Tobacco, before any Magistrate
in the County where the Offence shall be committed, as in Case of
small Debts; and if the Penalty exceeds the Sum of Sixteen Hundred
Pounds of Tobacco, then to be recovered in the Court of the said County,
by
Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Protection,
or Wager of Law, shall be allowed; the One Half of all which Penalties
shall
be applied to the Use of the Informer, or such Person who shall sue
for the
same, and the other Half thereof to the several and respective Counties,
to
defray the Expence that may accrue in the due Execution of this Act.
CVXII. And be
it further Enacted, That where Plaintiff or Defendant in
any Suit now commenced, or that shall hereafter be commenced, in any Court
within this Province, in whose Favour any Judgment shall be given, so as
to
entitle such Plaintiff or Defendant to his or her Cost, and who shall pay
the
said Cost in Gold or Silver, as regulated by this Act, in all such
Cases it shall
and may be lawful for the party against whom such Judgment shall be rendered,
and he, or she, is hereby enabled to discharge all, or so much of
the said Cost, in Gold or Silver as aforesaid, as shall be really and bonâ
fide
paid, by the Party in whose Favour such Judgment for Cost shall be
given;
any Law to the contrary in any wise notwithstanding. |
