Acts. 303

before, It shall and may be lawfull for the said Justice or the person
by him appointed and the said Justice or person so appointed is hereby
Authorized and required to enter into any Houses or suspected places
whatsoever and diligent search and enquiry make after such unquali-
fyed Tobacco, and if any such be found to destroy as af^d and the
person or persons in whose Custody or Houses any such Tob^o
unqualified, shall be found, shall forfeit and pay the same penalties
prescrib'd by this Act for persons paying or tendering to be paid or
shipt any unqualifyed Tobacco or Tobaccos adjudged by the above
recited Act.
And be it further Enacted by the Authority Advice and Consent
af^d that where any person or persons by him, her, or themselves or
others shall give away to any other person whatsoever any trashy
or bad Tobacco such person or persons so giving away as well as the
person receiving and taking the same, shall for every pound of such
unqualifyed Tobacco given away and received as afores^d, forfeit and
pay twelve pence, such offence to be proved by the Oath of one Suff^t
Evidence before a Single Justice, either of Prov^ll or County Court
who is hereby on Conviction as af^d impowered and required to Issue
forthwith his precept under his hand and Seal directed to the Sherr
of the County to Levy such forfeiture either on the Body Goods
or Chattells of the Offender to be applyed to the uses hereafter
mentioned. And in case such Offender have not Sufficient to Satis-
fie such forfeiture then the Justice before whom such conviction shall
have been shall and may infflict or award, him, her, or them such Cor-
porall Punishment by Whipping, as to him seems meet not exceeding
thirty nine Lashes for any one Offence.
And be it further Enacted by the Authority Advice and Consent
af^d that every person or persons freighting Shipping or Consigning
upon his her or their proper Account or Risk, or upon the Account
or Risk of any other person whatsoever to any Merchant or other
in Great Brittain or elsewhere, any Hogshead or Hogsheads of To-
bacco from of his her or their plantation or plantations (being
thereon made) Other than what is or are agreable and qualifyed
according to the true intent and meaning of this Explanatory Law,
shall upon Conviction in manner and form as af^d forfeit and incurr
double the fines forfeitures and penalties assesst and imposed hereby
on persons packing up and tendring to pay away unqualifyed To-
bacco to be applyed as herein after Exprest.

Liber LL, 4
Acts

And be it further Enacted by the Authority Advice and Consent
af^d that every single Justice either of the Prov^ll or County Court is
by this Act constituted authorized and empowered on Conviction of
any Offender for any breach of the before mention'd Laws or of any
branch or part thereof, to give Judgment and award Execution
against such Offender for the fines penalties or forfeitures arising

p. 543