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Bacon
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other Time, to repair to the next Justice of Peace, and there
before him, upon making Oath of such Tobacco being already
tendered, and neglected, refused or delayed to be received,
the said Justice shall, and is hereby impowered and required
to appoint two sufficient Persons, being Freeholders in the
Neighbourhood, (not being of Kin either to the Debtor or
Creditor) where such Debtor shall dwell, to view, search and
look upon such Tobacco so ready to be paid in Discharge of
the Debt, and tendered as aforesaid: Which two Persons so
appointed shall take their Oaths, to be administered by the
Justice aforesaid; well and truly to try and examine into the
Matter aforesaid, and make Report to the Justice aforesaid. And
if upon viewing the same, it be found that the Tobacco aforesaid
is clean, sound and merchantable, and fit to be paid in Discharge
of the Debt aforesaid, they shall, and are hereby authorized
and impowered to mark the said Tobacco in Hogsheads upon
the Head and Bulge, for such Creditor as aforesaid, and weigh
the same, and signify the neat Weight thereof unto the Justice
aforesaid. Which Tobacco, so tendered, and refused to be
received, being viewed, marked and weighed as aforesaid,
shall for ever after be esteemed and taken as the proper
Goods and Tobacco of the Creditor, and in absolute Discharge
of the Debt aforesaid, or of so much thereof as the same
Tobacco shall weigh. Provided, each Hogshead weighs Five
Hundred neat, or upwards.
III. And because many Contracts, Bills and Bonds may be
of different Nature and Circumstances, It is hereby further
Declared and Enacted, That upon every such Viewing as
aforesaid, the Creditor, his Factor or Attorney, shall have
Notice thereof by the said Debtor, and if he do not come to
the Place, and make known, by shewing the Contract or
Obligation, the Circumstances or Nature of the Contract or
Obligation, if the Tobacco viewed as aforesaid, be clean from
Trash, sound and merchantable, it shall be marked and
weighed in Discharge of such Debt, be the same of what
Nature soever. And the Person in whose Houses the Tobacco
lies, or shall lie, shall take Care of and preserve the same for
one whole Year, as they are obliged to do Tobacco actually
received by any Creditor, Merchant or others; any Law,
Statute, or Usage to the contrary notwithstanding.
IV. And be it further Enacted, by the Authority, Advice
and Consent aforesaid, That if any Debtor who hath tendered
Tobacco to his Creditor, which is in very good Condition,
clear of all manner of Trash, according to the tenor of the
Specialty aforesaid, and well packed in good seasoned Hogs-
heads, and which Hogsheads of Tobacco contain Five Hun-
dred Pounds of neat Tobacco, at the least, and which the
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