CHAP.
XVIII.
and applied.
In what Case
the whole
shall go to
the County.
Buyer or Seller,
informing
against
the other, to
be indemnified,
&c.
and rewarded.
Penalty how
to be recovered.
Magistrates
on Information
of Trashy
Tobacco,
may grant
Warrant to
search and
enter Places
suspected, |
recovered, where the Penalty shall not exceed Six Hundred Pounds of
Tobacco,
before a single Magistrate, as in case of small Debts, and where such
Penalty shall exceed the said Sum, then and in such Case to be recovered
in
the County Court where such Offence shall happen, or the Party resides,
by
Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Protection,
Wager of Law, or more than one Imparlance shall be allowed; one Moiety
of such Penalty to the Informer, or him, her, or them that shall sue
for the
same, together with his, her, or their legal Allowance for Attendance
as an
Evidence, and the other Moiety to and for the Use of the County where
such
Offence shall be committed, towards defraying the Charge of such County,
in the Execution of this Act; and where such Penalty shall arise by
Prosecution
upon Indictment, if the Informer shall not upon Conviction, make his
Claim (and which Claim when made, shall be entered upon the Clerk's
Docket) to the Moiety in open Court, then and in such Case, the Whole
of
such Penalty shall be to and for the Use of the County where such Offence
shall be committed, to be applied towards defraying the Charge of Inspection
as aforesaid.
CXXXII. And for
the further discovering and punishing so pernicious a
Practice, Be it likewise Enacted, That
if either Parties, Offenders as aforesaid,
shall make such Information against the other Party or Parties, so
as aforesaid
offending, and shall prosecute such other Party or Parties, so that
he
she, or they, be of the Offences aforesaid, or either of them, lawfully
convict,
to which Purpose, any or either of the Parties aforesaid, are hereby
enacted and declared, to be good
and sufficient Evidence, such Person, so
as aforesaid informing and prosecuting, shall not only be indemnified
and saved
harmless from any Prosecution for the said Offence, but shall also
be
entitled to have and receive, as a further Encouragement, the further
Sum of Two
Pounds of Tobacco for every Pound of such Tobacco, to his sole and
separate
Use, to be recovered, where the Penalty shall not exceed Six Hundred
Pounds of Tobacco, before a single Magistrate, as in case of small
Debts,
to be made a Part of the Judgment of such Magistrate, and where such
Penalty
shall exceed the said Sum, then and in such Case, to be recovered in
the
County Court where such Offence shall happen, or the Party resides,
by
Action of Debt, Bill, Plaint, Information, or Indictment, to his sole
and
separate Use, as aforesaid, to be made a Part of the Judgment of the
COurt
upon such Conviction against such Offender.
CXXXIII. And
be it further Enacted, That as often as any Magistrate
shall be informed, by any credible person, on Oath, or Affirmation if a
Quaker, that he suspects, and veruly believes, some trashy or unmerchantable
Tobacco is, or shall be, in any particular Tobacco-house, Store-house,
Warehouse,
Barn, or other Out-house, Ship, or other Vessel, Inclosure, or other
Place whatsoever, it shall and may be lawful to and for such Magistrate,
and
he is hereby authorized and required, immediately upon such Information
as
aforesaid, either to raise and compel Assistance, and to proceed himself,
or
by Warrant under his Hand and Seal, directed to such Informer singly, or
with others jointly and severally, or to any other Person or Persons, jointly
and severally, thereby authorizing and directing him or them to compel
Assistance,
and to proceed forthwith to such, or any other such suspected Place
as aforesaid, and there quietly enter it, (except such House or Place be
on the
Plantation where such trashy or unmerchantable Tobacco shall appear by
the
Oath, or Affirmation if a Quaker, of the Owner, or of any other credible
Person, to have been made, or on some other Plantation belonging to such
Person who made such Tobacco; and also except Inspecting Houses, and
other
Houses used by Inspectors, for the convenient carrying on and Execution
of this Act,) if the person having the Care of such Place be present, and
will
immediately permit such Entry; or if the Party having the Care of such |