WHEREAS Tobacco is the Staple of this Province, and that thereon
depends the Livelihood of many of the Inhabitants, as well as
the most considerable Branch of Trade; and that it is as requisite
that the Property of the People should be as well secured in the Fields,
or
open Houses, as in their Dwelling-houses: It is therefore prayed
that it may
be Enacted;
II. And
be it therefore Enacted,
by the Right Honourable the Lord
Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and
the
Upper and Lower Houses of Assembly, and the Authority of the same, That
any
Person or Persons, who shall, after the End of this present Session of
ASsembly,
cut or destroy, or cause to be cut up or destroyed, any Tobacco Plants
belonging to any other Person or Persons, or by Threats, Menaces, or other
sinister Means, shall cause or excite any Person or Persons to cut up or
destroy
any Tobacco or Tobacco Plants, belonging to any other Person or Persons,
and shall be thereof convict by due course of Law, shall forfeit and pay
unto
the Party grieved, One Hundred Pounds Sterling, and suffer Six Months Imprisonment,
without Bail or Mainprize; and shall also remain in Prison, as
in Execution, until the said Sum be satisfied, in case the Offender be
of sufficient
Ability, then, and in every such case, the Offender shall remain and
continue
in Prison of the Space of One whole Year, without Bail or Mainprize.
Provided
also, That the Party grieved, shall and may have and maintain his
or
her Action of Trespass, or other proper Action at Law, for Recovery of
Damages
against the Offender; any thing herein contained to the contrary notwithstanding.
III. And
be it further Enacted,
That any Person or Persons, who shall
after the End of this Session of Assembly, wilfully Burn any Tobacco belonging
to any other person, whether Hanging, or in Bulk, or Packed, or
any Tobacco-house of Houses, having therein any Tobacco Hanging, or
in
Bulk, or Packed, and be thereof convicted by due course of Law, and every
Aider and Abetter of such Offender, shall suffer Death as a Felon, without
Benefit of Clergy.
IV. This Act to continue Three years, and to
the End of the next Session
of Assembly, which shall happen after the End of the said Three Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
Farther continued 1747, ch. 11,
for 3 Years, &c. But by 1751, ch. 7, is made PERPETUAL. |
Preamble.
Penalty on
Persons cutting
or destroying
Tobacco,
or
Tobacco
Plants; or
exciting others
to do so,
Fine and Imprisonment
The party
grieved shall
have Action
of Trespass,
&c.
Punishment
of Persons
convict of
burning Tobacco,
or
Tobacco-houses.
Death.
Continuance. |
