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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 227   View pdf image
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Acts. 227

 

And be it further Enacted by the Authority aid by and with
the Advice and Consent afd That Every Justice of Peace in
this province in his proper County And Every Navall Officer
and Collector in or out of his District and Every Constable or
Constables in his or their Sevll and respective hundreds and
Every Church Warden or Church Wardens in his or their
Sevll and respective Parishes by Vertue of their Offices and
this Act may Lawfully seize such Goods and things as they
find Imported Contrary to this Act And if any private person
being none of the Officers afd shall Discover any such Goods
or things so Unlawfully Imported he shall Informe the next
Justice of the Peace who is hereby Enjoyned and Comanded
under the Penalty of One thousand pounds of Tobo to be ffor-
feited to the Use afd to Direct a precept to the next Constable
or Constables of such Hundred where such things are Sup-
posed to be Concealed thereby Comanding at the request of
such Informer to make search for such things as afd Unlawfully
Imported where such Informer shall Direct and the same
having found to Seize and secure for the Use of his Majty and

C. P.

Informer afd and the same to keep for ten days in which time
if the Owner thereof or the pson in whose pssession found
doe not Cause the same to be replevied and find Sufficient
Securitys to returne the Goods if it be found they were Un-
lawfully Imported then the Officer that Seized them shall
Deliver the said Goods to the Sher who is hereby Enjoyn'd to
make Saile of them for the Use of his Majty and the Informer
or Seizer.
And be it further Enacted by the Authority afd that the
Onus probandi shall be on the part of him that Causes the
same to be replevied to make it appear in any Court of Record
in this province that such things Seized as afd are not Lyable
to Seizure as afd which if he doe he shall be quitt and Carry
his Goods away but if he doe not the Seizer shall have Judgmt
to have the Goods and things by him soe Seized Returned
one halfe thereof to be Delivered to the Informer and the
Other halfe to remaine in the Custody of the Sher. for the
Kings use.
Provided that the said Act or anything therein Contained

p. 6

shall not Extend or be Construed to Extend to any horse or
Horses brought into this province by Travellers for their Own
use only and not Intended for saile nor to any pson or psons
that shall remove themselves into this province with their
ffamily in Order to Settle here nor to Comanders of any of
his Majtys Ships of Warr in purchaseing or Importing bread
beer fflower or any manner of English or Indian Graine
Towards the Supplying their said Vessells and not Otherwise
Anything in the afd Act to the Contrary Notwithstanding.

p. 7



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 227   View pdf image
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