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Proof of purpose of making Fires, shall lie on Defendant.
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XXXV. Provided always, and be it further enacted, That in case any Person or Persons be charged with, or indicted for having made or caused to be made, or been aiding or assisting in making, or been present for the Purpose of so making or aiding, or assisting in making, or giving any such Light, Fire, Flash, Blaze, or Signal as aforesaid, the Burthen of Proof that such Light, Fire, Flash, Blaze, Noise, or other Thing so charged as having been made with Intent and for the Purpose of giving such Signal as aforesaid, was not made with such Intent and Purpose, shall be upon the Defendant against whom such Charge is made or such Indictment is found.
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