lx PRINCE GEORGES COUNTY
These actions were also known as qui tarn actions because they were instituted by
a person "qui tarn pro domino rege quam pro seipso sequitur."
Less widely used were remedial statutes providing for "actions upon a statute"
in which the right to sue was limited to the injured or aggrieved party or parties
(as opposed to the popular action given to whomsoever would sue). In some of these
cases the recovery went in part to the crown, in part to the injured party suing (qui
tarn actions); in others, the entire penalty, forfeiture or damages (sometimes double
or treble) went to such suing party.
A few statutes authorized, in specific circumstances, the bringing of actions of
debt in both the Provincial and county courts by public creditors or by the treas-
urers of the province.13
A number of the laws providing for popular actions were in the nature of
economic regulations. Some concerned primarily with trade provided penalties for
engrossing of imported commodities by persons trading with the province; for
the charging of excessive tolls for grinding corn or wheat; for the exportation or
attempted exportation from the province of wool or old iron or certain hides and
skins; for placing on board vessel for export certain skins or furs, beef or pork with-
out paying the duties imposed thereon or undried beef or pork not in cask (or re-
ceiving such meat on board without the requisite certificate of the naval officer);
for exportation (by a non-inhabitant) of any merchandise of European origin
without payment of duty; and for importation into the province, except in certain
vessels, of liquors without payment of duties. Dumping by vessels of ballast in har-
bors or streams was subject to penalty, as was the failure of a naval officer or col-
lector to post a copy of the law prohibiting such dumping.14
Others, concerned with tobacco raising, the principal industry of the province,
provided forfeitures for the failure of plantation owners to build proper tobacco
storage houses; for the use of unseasoned timber in tobacco hogsheads; for false
marking of such hogsheads; for failing to complete orders for tobacco hogsheads
by certain dates; and for refusing or neglecting to have stilliards used in receiving
tobacco and certain measures tried and stamped each year as meeting the standards
of English weights and measures. A 1692 law penalized the lending of money, wares,
merchandize or commodities at usurious rates of interest.15
Several acts were concerned with the regulation of slaves or servants. They
authorized penalties for the importation of convicted felons or malefactors into
the province; for the importation of white servants or negro slaves without pay-
ment of certain head taxes; for trading or bartering with any servant who had
taken his master's goods; for marrying or permitting a free-born English or white
female servant to marry a negro or slave; and for harboring servants who had un-
lawfully absented themselves. Two acts established penalties for selling liquors or
certain meats to Indians.16
Acts regulating the conduct of ordinaries prohibited the keeping of an ordinary
without the requisite license and the charging by an ordinary keeper of prices for
liquors in excess of the rates fixed by the justices of the county court or of prices
for beer, lodging or fodder in excess of those fixed by statute. They required the
posting of the prices of liquor so established and the providing of sufficient beds
13. 38 MA 49, 82; 22 id. 479, 504.
14. 13 id. 544; 38 id. 31; 13 id. 496; 19 id. 276; 38 id. 66; 38 id. 9, 63; 13 id. 487.
15. 13 id. 469 (cf. 22 id. 516, a 1699 act, where no penalty was provided); 19 id. 104; 13 id. 491,
540.
16. 13 id. 539; 38 id. 80; 22 id. 497; 13 id. 451; 22 id. 546; 13 id. 546; 13 id. 541; 22 id. 546;
13 id. 479; 22 id. 463, 511; 38 id. 15.
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