CHAP.
XVIII.
and the Person
Seizing
the same shall
apply to a
Magistrate,
&c.
Proviso, as to
Tobacco under
Carriage
going to an
Inspecting
House.
Such Tobacco
not to be
removed after
Seizure,
or Rescued.
Penalty.
Persons Sued
for any thing
done by virtue
of this
Act, may
plead the General
Issue,
&c.
Informations
to be made in
3 Months. |
or both of the Inspectors, immediately to attend at such Warehouse,
to receive
and secure the same, and the Inspector or Inspectors so attending,
shall
search, view, and examine the same, and proceed in such case in like Manner,
as he or they are directed with regard to trashy or unmerchantable Tobacco
which shall be found in any Tobacco-house, Store-house, Warehouse,
Barn, or other Out-house, Ship or other Vessel, Inclosure, or other Place
whatsoever, not burthening the Party who carries the same, or the Owner
thereof, with any Charge for Carriage, and then after such Inspection made
as aforesaid, the Person or Persons so stopping and seizing such Tobacco,
shall
immediately repair to some Magistrate and inform him, that he hath seized
and secured such Tobacco in manner aforesaid, and the Magistrate shall,
and
he is hereby authorized and required to proceed therein, with respect to
the
Fining or Binding over (as the Case shall require) such Offender or Offenders
and he, she or they so offending, shall be liable to the same Penalties,
and
be under the same Mode of Protection for the Recovery thereof, as is before
directed by this Act.
CXXXV. Provided
always, That in all Cases where any such Tobacco
under Carriage, shall be seized and carried to any Inspection House as
aforesaid,
if the Person or Persons carrying or claiming the same, shall Prove by
his, her, or their own Oath, or Affirmation if a Quaker, or the Oath or
Oaths, or Affirmation if a Quaker, of any other credible Person, which
Oath,
or Affirmation, any Magistrate is hereby authorized and required to administer,
that such Tobacco so taken under Carriage, was at such Time carrying
to be inspected at some Inspecting House agreeable to the directions of
this
Act, such Proof shall exempt the Person so carrying, or Owner or Claimer
of such Tobacco, from the Penalties, other than the Loss and Burning of
such trashy Tobacco.
CXXXVI. And be
it further Enacted, That if any Person or Persons shall
Remove any Tobacco which shall be stopped and seized as aforesaid, other
than
such Person or Persons who shall so Seize the same, or some other by his
or
their Order, or who shall rescue, or attempt to rescue, any Tobacco which
shall be so stopped and seized as aforesaid, such Person or Persons so
offending,
shall forfeit and pay Two Thousand Four Hundred Pounds of Tobacco for
every Hogshead or Parcel of Tobacco so removed, rescued, or attempted to
be rescued, as aforesaid, to be recovered in the Court of the County where
such Offence shall be committed, or the Party or Parties reside, by Action
of
Debt, Bill, Plaint, or Information, wherein no Essoin, Protection, Wager
of Law, or more than one Imparlance shall be allowed, for the Use of the
Person or Persons making such Seizures as aforesaid.
CXXXVII. And
be it further Enacted, That if any Person or Persons shall
be Sued, Prosecuted, or Impleaded, for any Matter or Thing by him,
her
or them done, pursuant to and in execution of this Act, such Person or
Persons
so Sued, Prosecuted, or Impleaded, shall be at Liberty to plead the General
Issue, and give this Act and the special Matter in Evidence, and if the
Plaintiff or Informer shall be Non-suit, discontinue his Suit, or a Verdict
be
had against him, then, and in either of these Cases, the Defendant or Defendants
shall of only be acquit thereof, but shall by Judgment recover against
such Plaintiff or Informer treble Costs.
CXXXVIII. Provided
always and it is hereby Enacted and Declared,
That every Information to be made in pursuance of this Act, shall
be made
within Three Months after the Offence committed, and not after.
CXXXIX. And be
it further Enacted, That no Master or Commander of
any Ship or other Vessel, taking Tobacco on Freight, shall remove or
transport
any Freight-Tobacco from any Warehouse, in order to be put on board his |
