Page:Ruffhead - The Statutes at Large - vol 5.djvu/123

 A. D. 17*5* Anno primo Georgii Regis. Stat. 2. C. 46. 83 CAP. XLVL An Act to prevent the Mifchiefs by manufacturing Leaves or other Things to referable To- bacco, and the Abufes in making and mixing ot" Snuff.
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H E R E A S Tobacco is one of the chief Products of Virginia and Maryland, upon which thx-ir ,, c.ar. z. c. 34. Welfare and Subfiftence doth much depend ; and by the Importation thereof the Navigati n 1 5 Cor. 2. c. 7. 4 and Trade of this Kingdom, and the publick Revenues of the fame, are very much increa led : And » '■&*! C'r. z, k „,h,.ri>i<; it is found bv Experience, that of late fevcral evil Pcrlbns have cut, cured, m .nTacturcd and ■ ;, 6 ' wncieiis il 13 "J "" i r ■ i A. r t_i i r>i T /r ' l"c. z. c. 4. ' rials refembling Tobacco of the Growth or Product of the Britijh Plantations, to the Prejudice of his ' c. 10. ' Maiefty's Plantations in America, and of the Navigation and Trade of this Kingdom, and of the pi: lick moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and '7 l6 > Walnut- Commons, in this prefent Parliament afiembled, and by the Authority of the fame, That all and every Per- 'A^t^t 'becu: fon and Perfons whatfoever, who at any Time or Times after the twentieth Day of June in the Year of ^{ t h Tobacco." our Lord one fhoufand feven hundred and fixteen (hall cut, or caufe or procure to be cut, any Walnut- tree Leaves, Hop Leaves, Sycomore Leaves^ or any other Leaves, Herbs, Plants, or Materials whatfo- ever (not being Tobacco Leaves or Plants] into the Form or in Imitation of any the ufual Sizes or Cuts which Tobacco has been or fhall be cut into, for Sale, or fhall colour or cure, or caufe or procure to be coloured or cured any fuch Leaves, Herbs, Plants, or Materials, to make the fame refcmble Tobacco, for Sale, or fhall fell, or caufe or procure to be fold, or agree or offer to fell knowingly, any fuch Leaver, Herbs Plants or Materials, mixed or unmixed with Tobacco, as if the fame were Tobacco, fhall, for every Pound-weight of fuch Leaves, Herbs, Plants, or Materials fo cut, coloured, cured, fold or agreed for or knowingly offered to Sale, and for every Pound-weight of fuch Mixture as aforefaid, forfeit and Penalty of ,-s. lofe the Sum of five Shillings, and after that Rate for a greater or leffer Quantity ; that is to fay, onc % e l?^'"" i Moiety or half Part thereof to the Ufe of his Majefly, his Heirs and Succeflbrs, (he or they bearing the ° o c 1 ?j n ^° ln ^ e ' Charge of Profecution out of the Moiety fo accruing to the Crown, and not otherwife) and the other p J0 fccutor. Moiety or half Part thereof to the Ufe of fuch Perfon or Perfons as will inform or fue for the fame, to be recovered (with full Colts of Suit) by Action of Debt, Bill, Plaint, or Information in any his Majefty's Courts of Record at JVeJiminJlcr, or in the Exchequer of Scotland, wherein no Eflbin, Protection, Wager of Law, or more than one Imparlance fhall be allowed. II. And be it enacted by the Authority aforefaid, That all and every Perfon and Perfons whatfoever, Like Penalty fos who at any Time or Times after the faid twentieth Day of June in the Year of our Lord one t: oufand Exportation, feven hundred and fixteen fhall export or caufe to be exported, or fhall lade or put on board, or caufe or procure to be laden or put on board for Exportation, any fuch Leaves, Herbs, Plants, or Materials, or fuch Mixture as aforefaid, ©r endeavour to obtain a Drawback for the fame, as if the fame were Tobacco which had paid or fecured his Majefty's D-uties thereupon, fhall, for every fuch Offence, forfeit and lofe the Sum of five Shillings for every Pound-weight, and proportionably for a greater or leiler Quantity, over and above all other Penalties which may be inflicted lor fuch Offence by any Law now in Force, to be re- covered and diftributed in fuch Manner as aforefaid. III. And be it alfo enacted by the Authority aforefaid, That all the Leaves, Herbs, Plants, and Materials Such Leavcs,&c, fo cut, coloured, cured or manufactured, fold, contracted for or knowingly offered to Sale as aforefaid, may be fetched and all fuch Mixtures as aforefaid, and all Engines, Utenfils, and Tools made ufe of in the cutting, co- iot and felicd - louring curing, or manufacturing the fame, or prepared for fuch Ufe, fhall and may be fearched for and feized by any Officer of the Cuftoms, or by any Perfon or Perfons thereunto fpecially authorized by Wri- ting under the Hands and Seals of the Comrnifiioners of the Treafury, or any three or more of them, or of the Lord Treasurer for the Time being, or of the Commiffioners of the Cuftoms in England or Scotland re- spectively, or any 'three or more of them for the Time being. IV. Provided always, and it is hereby enacted, That no Houfe or Warehoufe whatfoever fnall be open- Search to !>e ed to fearch for or feize fuch Leaves, Herbs, Plants, Materials or Mixtures, or fuch Engines, Utenfils, madeat feafon-_ or Tools, but at feafonable Hours, and not without a fpecial Warrant firft had and obtained from two or "'^w t^hc-j't "" a more Jultices of the Peace of the County or Place where fuch Search is to be made; and that the Leaves,, Warrant from Herbs, Plants, and Materials, and the faid 'Mixtures, Engines, Utenfils, and Tools, which fhall, at two Juftices. "Time or Times, be found and feized within the Limits of any Port, or within fix Miles of the fame, T ! le Leaves, &c. "fhall be brought to the next Cuftom-houfe Ware-houfe ; and if found and feized at any greater Diilance bVojV^cTthe from any Port, fhall be fecured by Order of any two Juftices of Peace of the County or Place where they cuftom-houfe, fhall be found, at the King's Charge, till the Caufe of fuch Seizure fhall be determined by the Juftices of or fecured by Teace in their Quarter- Kefiions ; and that the Caufe of every fuch Seizure fhall be heard and determined at Order of the the next Quarter-Seflions, or (at farther!) at the fecond Quarter- Seflions after fuch Seizure made ; arid il. 1 !* 1 ^ 8 " r f all fuch Leaves., Herbs, Plants, Materials, Mixtures, Engines, Utenfils, and Tools, (after Condem- seizure'to be nation or Recovery by Judgment of fuch Seflions) fhall be openly burnt or cleftroyed by Order of the fame determined by at his Majefty's Charge Quarter. fcfiions; JV/J 2 T and Leaves, fee, " ta be b'jrr.t,
 * fold Walnut-tree Leaves, Hop Leaves, Sycomore Leaves, or other Leaves, Herbs, rlants., or Mate- ,-L l-py _/
 * Revenues arifmg upon Tobacco :' For Remedy whereof for the future, Be it enabled by the King's After June zt,