TOBACCO TRASHY.
also be entitled to receive the Reward allowed as aforesaid:
And as a farther Encouragement, shall receive
the further Sum of 2 lb Tobacco for every Pound of
such Tobacco to his own Use: To be recovered, if
not
exceeding 600 lb Tobacco, before a Single Magistrate;
but if above that Sum, then in the County Court, to
his sole and separate Use; to be made a Part of the
Judgment of the Court, upon Conviction of such Offender.
Ibid. §. 132.
3. Any Magistrate (being informed on Oath, &c.)
shall either raise and compel Assistance, and proceed
himself, or by Warrant under his Hand to the Informer,
singly, or with other Persons, &c. authorize
and direct such Person or Persons, to compel Assistance,
and proceed directly to the suspected Place,
and quietly to enter, (except such House or Place be
on the Plantation where the Trashy Tobacco shall appear
upon Oath to have been made, or in some other
Plantation belonging to the Maker of such Tobacco,
and except Inspecting-houses, &c.) of permitted.
And, if the Person having Care of such Place, be not
present, or if present, and refusing Admittance, then
forcibly to enter, and search for, and carry away, not
only the Tobacco particularly searched for, but all
other Trashy Tobacco there found, to the next Inspecting-house.
And if neither of the Inspectors happen
to be present, then the said Magistrate, or Warrant-Officer,
shall summon one or both Inspectors
immediately to attend; who shall view, &c. the said
Tobacco, and if the same, or any considerable Proportion
thereof, appear to be such as Inspectors by this
Act are required to pass, then the same, or such Part
thereof, shall be treated, &c. as other Tobacco by
them passed, is by this Act directed; the Owner of
such Tobacco paying the Warrant-Officers at the Rate
of 8 lb for every 100 lb Tobacco so passed, for carrying
the same to such Inspecting-house. Which Rate the
Inspectors shall receive of the Claimant, before they
permit the Tobacco to be taken out of the Inspecting-house;
and which, after Receipt thereof, the said Inspectors
shall pay on Demand to the said Warrant-Officers,
or their Order. And in case such Tobacco, or
any Part thereof, shall, on View, by condemned by
the Inspectors, then shall the same (being first weighed,)
be immediately burnt by the Inspectors. And the
Warrant-Officers shall have a Reward of 8 lb Tobacco
for every 100 lb so burnt; to be recovered, either
against the Owner of the House, Vessel, or other
Place, knowing the said Tobacco to have been there,
or against the Owner of the Tobacco at the Time of
Seizure, before a single Magistrate, with full Costs,
to be levied by way of Execution, &c. Ibid. §.
133.
4. Any Person, discovering trashy Tobacco under
Carriage, may stop and seize the same, and convey,
or require the Parties to carry the same, to the next
or other convenient Inspecting-house. And such Party
refusing to carry the same, shall forfeit 400 lb for every
100 lb of such Tobacco, upon every such Refusal; to
be recovered, as the Case may require, before a single
Magistrate or in the County Court: One Half to the
Person suing or informing, and the other Half to the
County Charge. And if neither of the Inspectors be
present, then shall the Party stopping, &c. the Tobacco,
summon one or both to attend; who shall
view, &c. the same, and proceed in such case as they
are directed with regard to Trashy Tobacco found,
&c. (see the preceding Art.) not burthening the Party
who carries the same, or the Owner thereof, with any
Charge for Carriage. And after such Inspection, the
Person so stopping, &c. shall repair to some Magistrate,
and inform him that he hath seized and secured such
Tobacco in Manner aforesaid. And the Magistrate
shall proceed therein, with respect to the Fining and
Binding over (as the Case shall require) such Offenders;
and such Offenders shall be liable to the same Penalties,
and be under the same Mode of Prosecution for Recovery
thereof as before directed. Ibid. §. 134. |
TOBACCO TRASHY.
5. But if the Owner of such Tobacco
so seized under
Carriage, and carried to any Inspecting-house,
shall prove by Oath, &c. taken before a Magistrate,
that the same was then carrying to be Inspected at some
public Warehouse, pursuant to this Act; such Owner,
&c. shall be thereby exempted from the Penalties, other
than the Loss or Burning of the Trashy Tobacco.
Ibid. §. 135.
6. Any Person removing Tobacco so stopped, &c.
as aforesaid (other than the Person seizing the same,
or others by his Order) or who shall receive or attempt
to rescue such Tobacco, shall forfeit 2400 lb Tobacco
for every Hogshead or Parcel so removed or rescued,
&c. to be recovered in the County Court, for the Use
of the Person making such Seizure. Ibid. §. 136.
7. Persons Sued, &c. for any Thing done in
Execution
of this Act, may plead the General Issue, &c.
And in case of Non-suit, Discontinuance of Action,
or Verdict against the Plaintiff or Informer, the Defendant
shall be acquitted, and recover treble Costs.
Ibid. §. 137.
8. Informations in pursuance
of this Act shall be
made within Three months after the Offence committed,
and not after. Ibid. §. 138.
See Tobacco Run, 6, 8.
TOLERATION.
The Toleration Act of 1 W. and
M. with all the
Penal Acts therein mentioned, declared to be in Force
within this Province. 1706. ch. 8.
See Dissenters.
TOLL. See Annapolis, 15. Water-Mills,
5.
TONNAGE. See Governor, 1. Port Duties, 1.
TOWN-LANDS.
1. The Titles of all Persons
to Town-Lands taken
up, paid for, (or Payment tendered,) built upon, and
improved under the Laws of 1683, ch. 5; 1684, ch. 2;
1686, ch. 2; and 1694, ch. 8; notwithstanding
any Repeals
of the said Acts, are confirmed. 1715, ch. 32,
§. 1, 2.
2. The Titles of all Persons to Lots, taken up
and
built upon, according to the Directions of the Acts of
1706, ch. 14; 1707, ch. 16; and 1708, ch. 3; during
the Continuance of the said Acts, are confirmed, notwithstanding
the Disallowance of the said Acts by her
late Majesty, Q. Anne. Ibid. §. 4.
3. Lots, assigned to the Use of any Community,
paid for, and built upon, according to the said Acts,
before her Majesty's Disallowance was notified, shall
remain to such Community. Ibid. §. 8.
4. The Rights of Persons who have begun to build
upon Lots, tho' not finished according to the said
Town-Laws, are confirmed. Ibid. §. 9.
TRANSFER TOBACCO. See Inspectors, 20-23,
30, 33, 36, 38-40.
TREASON. See Advancement of Justice, 2.
TREASURERS. See Bacon, &c. 2. Gold and Silver,
2. Intestates Estates, 5.
Letters Public, 3. Liquors
Imported, 13. Negroes, 36, 42, 45.
Pitch,
Tar and Pork, per Tot.
Public Charges, 6, 7.
Schools, 28,
37, 40.
TREES. See Bridges, 2. Highways, 11-13. Indians
Lands, 13. Water-Mills,
2.
TRESPASS. See Guardians, 22. Indians
Lands, 13,
16, 17.
TROVER and CONVERSION. See Special Bail,
10.
TROOPERS.
1. A Captain of Horse in each County
shall Inlist
his Troop out of the Inhabitants, according to Instructions
from the Governor, or the Colonel of the
County. 1715, ch. 43, §. 3.
2. Such Troopers shall ride their own Horses;
which shall be good, serviceable, and fit to pass Muster:
And shall also find themselves Furniture, Swords, |