Page:Ruffhead - The Statutes at Large - vol 3.djvu/423

 A. D. 1670. Anno vicefimo fecundo 8c tertio Caroli II, C. 26. 375 IV. And it is hereby further enafted. That all Conftables, TithiiigmrTi, BailifFs and other publick Of- P"^"" given to ficers, fhali and do within their refpeiftive JurifdicClions, from Time to 'lime, as often as Occafion fliall ^" '^*" *-^« require, within fourteen Days after Warrant from two or more of the Jul'iccs of the Peace within fuch V'^' j'/I County, Town, City or Place, to them, calling to their Affiftancc fuch Pcrfon or Perfons as they and every Hams s-c, '^ one of them fhall find convenient and neceffary, pluck up, burn, confume, tear in Pieces, and utterly deftroy all Tobacco-Seed, Plant, Leaf, planted, fov/ed or growing in any Field, Earth or Ground. V. And if any fuch Tobacco fliall be fuffered or permitted to grow, or be confumed in Seed, Plant or Thf Pcnaliv of Leaf, in any Townfhip, Tithing, Parifti, Hamlet or Place, by the Space of fourteen Days after the Receipt Ofli<;•'■■ P"'y the relpeftiveTownfhips, Tithing*;, Pariihes or Hamlets as aforefaid ; That then fuch Conftables, Tithing- "' '?-'*"')'"'B men, BailifFs, or other publick Officers refpedively, fhall for every fuch Offence forfeit and pay the Sum" "' of five Shillings for every Rod, Perch or Pole of Ground fo let, planted or fowed with Tobacco, and fo proportionably for a greater or lefl'er Quantity of Ground ; the one Moiey thereof to the King's Majcfty, and the other Moiety to him or them that fliall fue for the fame, to be recovered by AiSlion of Debt, Bill, Plaint or Information, in any of his R^ajefty's Courts of Record at If-'c/lmni/h-r. VI. And it is hereby further enacleJ, That in cafe any Perfon or Perfons fhall refufe or negle6F to aid The Pc.na'ty for or aflift (being thereunto required) any Conftable, Bailiff or other publick Officer, in the due Execution of ■■ff"i"'"f t" afli't this A(St, That every fuch Perfon or Perfons for every fuch Offence, upon ConviiSlion thereof made before ^''^ Offictvs. two Juftices of the Peace of the faid County where fuch Offence fhall be committed, fliall forfeit and pay the Sum of five Shillings, to be levied by Warrant from the faid Juftices, by Diifrefs and Sale of the Of- fender's Goods ; and in cafe no Diftrcfs cati be found, then every fuch Offender fhall be committed to the Common Gaol of the faid County, there to remain for the Space of one V/eek, without Bail orMainprife. VII. And if any Pcrfon or Perfon* whatfoever fhall forcibly refift any Conftable, Bailiff, or other pub- The Forfeiture lick Officer, or other Perfon or Perfons whatfoever, in the due Execution of this Aft, That then every lorief.iiing the fuch Perfon for every fuch Offence, upon Conviftion thereof made before two Juftices of the Peace of the O^'^^"' faid County where fuch Offence fliall be committed, fhall forfeit and pay the Sum of five Pounds, to be levied by Warrant from the faid Juftices, by Diftrefs and Sale of the Offender's Goods ; and in Cafe no Diftrefs can be found, then every fuch Offender fhall be committed to the Common Gaol of the faid County, there to remain for the Space of three Months, without Bail or Mainprize. VIII. And be it further enacted by the Authority aforefaid, That if any Afiion, Plaint, Suit or Infor- The Oificrr, to mation, fliall be commenced or profecuted againft any Perfon or Perfons, for what he or they fliall do in any Action ' Purliiance or Execution of this A£l, or either of the recited Afts, fuch Perfon or Perfons (6 fued in any ;o"fc: ai'=i"ft Court whatfoever, fliall or may plead the General Iffue, Not guilty, and upon any Iffue joined, may give Not'c^iiU '"'^^ this A(3:, or the faid recited Adts, or either of them, and the fpecial Matter, in Evidence : (2) And if the jj-, ,_^ Plaintiff" or Profecutor fliall become nonfuit, or forbear further Profecution, or fuffer Difcontinuance, or if pafsfo°'him a Verdidf fhall pafs againft him, the Defendant or Defendants fliall recover their Cofts, for which they fhall heftall recover have the like Remedy, as in cafe where Cofts are given by Law to the Defendants. double Cois. IX. Provided always, and it is hereby enafted. That this Aft, nor any Thing therein contained, fliall A Saving for extend to the Hindring of the Planting of Tobocco in any Phyfick Garden of either Univerfity, or in any TulwcopUintci other private Garden for Phyfick or Chirurgery only, fo as the Quantity fo planted exceed not one Half of q^'^^.^^j^/^'' one Pole, in any one Place or Garden. ' X. And whereas by one A61 of Parliament in the fifteenth Year of his Majefty's Reign, intituled, ' An ASl for the Encouragement of Trade, It is declared. That inafmuch as his Majefty's Plantations beyond 15 Car. i, c. 7. ' the Seas are inhabited with his Subjedfs of England, for the Maintaining a better Correfpondency betwixt ' them, and keeping them in a firmer Dependance upon it, and rendring them yet more beneficial and ad- ' Woollen and other Manufactures, rendring the Navigation to and from the fame more i'afe and cheap, ' and making this Kingdom a Staple, not only of the Commodities of thofe Plantations, but alio of the ' Commodities of other Countries, for the Supplying them (it being the Ufage of other Nations to keep ' their Plantation-Trades to themfelves); (2} It was therefore enadted. That no Goods or Commodities ' of Europe fliall be carried into any the Plantations of Jfia, Africa or America, but what fliall bona fide be ' laden and fliipped in England, and in EngliJh-hvAx. Ships, or Ships made free, and navigated with Eng- ' land or IFales flial: give any Warrant, or fuffer any Sugar, Tobacco, and other Plantation Goods therein ' particularly named, to be carried into any other Country or Place whatfoever, until they have been firft ' bona fide unladen in England, as by the faid Aft doth more at large appear. ' Xl. Notwithftanding which, fome Perfons taking Advantage of the not mentioning the Repealing of the ' intituled. An Act for the Encouraging and Encreafe of Shipping: and Navigation ; where Bonds are direfted l^ Car.z. c sS.. - to be taken for all Ships that fliall lade any Sugar, or other Commodities therein particularly mentioned, ^' '?• ' in any of the faid Plantations, That the fame Commodities fhall be by the faid Ship brought to fome ' Port of England, Ireland, Wales, or Town or Port of Berwick, and {ball there imlode, and put the fame ' on Shore, the faid Perfons having either refufed to give Bond for the Return of their Ships in fuch cafe ' to England, Wales, or Town or Port of Berwick only, or having given fuch Bonds, have neverthelefs ' gone with their Ships to Ireland; by which Means (although this Kingdom hath, and doth daily fufi'er ' the Peopling of them) yet that the Trade of them would thereby in a great Mcaftire be diverted from ' hence, and carried elfewhere, his Majefty's Cuftoms and other Revenues much leffened, and this King- ' dom not continue a Staple of the faid Commodities of the faid Plantations, nor that Vent for the Futiu^e • hereby
 * vantagious unto it, in the further Imployment and Encreafe of Englif Shipping and Seamen, Vent of
 * lijh, according to an AiSl of Parliament on that Behalf: (3) And that no Officer of the Cuftoms in Eng-
 * Word Ireland, in one Claufe in an Aft of Parliament made in the twelfth Year of his Majefty's Reign,
 * a great Prejudice by the Tranfporting great Number of the People thereof to the faid Plantations, for
 * of the Viftual and other native Commodities of this Kingdom j' (zj Be it therefore enafted, and it is