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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 702   View pdf image (33K)
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702 Assembly Proceedings, Mar. 28-May 13, 1758.

Liber H. S.
No. 1
[Notice of
Seizure to be
given, on
Demand.]

And be it further Enacted, by the Authority aforesaid, That any
Person or Persons who shall seize any Rum, Spirits, Wine or Brandy,
by Virtue of this Act, shall, on Demand, give Notice in Writing to
the Person or Persons in whose Custody the same was seized, if the
Rum, Spirits, Wine or Brandy, seized, exceeds the Quantity of
Twenty-five Gallons, in what Court, and when, he shall file an In-
formation, in order to have the same condemned, or if the Quantity
of Twenty-five Gallons or under, before what Justice of the Peace,
and when he shall apply to have the same condemned, agreeable to
the Directions of this Law.

[Onus
Probandi
to lay on the
Owner where
Information,
filed.]

And be it further Enacted, by the Authority aforesaid, That if
any Rum, Spirits, Wine or Brandy, shall be seized agreeable to the
Directions of this Law, and an Information filed in any Court of
Record, or Application made to a Magistrate, in order to have the
same condemned, such Rum, Spirits, Wine or Brandy, shall be pre-
sumed to have been imported by Land from the Province of Penn-
sylvania, or the Three Lower Counties of New-Castle, Kent and
Sussex, without being Entered, unless the Owner or Owners, or
Person or Persons claiming Property in the same, shall be able to
prove that the said Rum, Spirits, Wine or Brandy, was legally im-
ported into this Province, or distilled or made within the same.

[Oath to
prevent the
Importation
of Rum, &c.
from Penn-
sylvania, or
Three
Lower
Counties,
without
Permit, by
whom to be
taken and
when.]

P.368(?)

And be it further Enacted, by the Authority aforesaid, That all
Naval-Officers, Sheriffs, Deputy-Sheriffs, and Constables, who shall
be in Office after the Eleventh Day of June next, at the first County
Court to be held for the County in which they respectively reside, after
the said Eleventh Day of June, shall take an Oath, that if they shall
know, or be credibly informed, or have good Reason to suspect, that
any Rum, Spirits, Wine or Brandy, has been, or shall be, imported
by Land into this Province from Pennsylvania, or the Three Lower
Counties on Delaware, called New-Castle, Kent and Sussex, or the
reputed Limits of the said Province or Counties, without a Permit
or Permits for so doing, they will forthwith do their best Endeavour
to seize the same: And that all Naval-Officers, Sheriffs, Under-
Sheriffs, and Constables, which shall, after the said Eleventh Day
of June, be appointed or sworn into the said Offices, shall, at the
Time of his being sworn, take the same Oath, and obtain a Certifi-
cate thereof; and every such Officer failing so to do, shall forfeit
the Sum of Five Pounds Current Money to the Informer; to be
recovered with Costs, by Action of Debt or Information, in any
Court of Record within this Province.

[Accounts
to be made
out Twice a
Year, and
return'd to
the Com-
missioners.]

And be it further Enacted, by the Authority aforesaid, That the
several and respective Naval-Officers and Sheriffs of this Province,
shall, and are hereby obliged and required, Twice in each Year, during
the Continuance of this Act, to make out, on Oath, true and distinct
Accounts of all the Money he shall receive by Virtue of this Act ;
and the same Account, so made out, shall return under their Hands



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 702   View pdf image (33K)
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