INSPECTIONS.

ver, brought to be touched, assayed or marked, shall not be
respectively stamped with the initials of the name of the worker
or maker thereof, that then, or in either case, it shall be lawful
for the assay officer to refuse to assay, try or mark, all or any of
the plate of such person or persons neglecting to pay or mark
as aforesaid, until such prices, sums of money, or rewards as
aforesaid, shall be actually paid, or until such silver plate, or
manufactures of silver, shall be respectively stamped with the
initials aforesaid.

1097

SEC. 8. And be it enacted, That when any parcel of silver
plate, or any manufacture of silver, brought to be touched, as-
sayed, and marked as aforesaid, be found to be of a coarser
alloy than the standard aforesaid, it shall be the duty of the
assayer to cut, break or deface, such silver work or manufacture
so brought to be touched, assayed and marked, and shall return
the same so cut, broken or defaced, to the worker or maker of
the same, and shall make an entry in his books of the species
and weight of each parcel so cut and defaced by him, and the
name or names of the person or persons to whom such silver
plate or manufacture did belong, and there shall nevertheless be
paid for the assaying of the same, such rates or pieces as are
herein before limited for assaying and marking, as if such par-
cel of plate had been really marked.

Alloyed
plate may
be defaced
by assayer.

SEC. 9. And be it enacted, That if any person or persons,
bodies politic or corporate, shall at any time or times be sued,
molested or prosecuted, for any thing by him or them done or
executed in pursuance of this act, or of any clause, matter of
thing, herein contained, such person or persons, and bodies
politic or corporate, shall or may plead the general issue, and
give the special matter in evidence, for his or their defence ; and
if upon the trial a verdict shall pass for the defendant or defen-
dants, or the plaintiff or plaintiffs become non-suited, then such
defendant or defendants shall have treble costs awarded to him,
her or them, against such plaintiff or plaintiffs.

Suits being
instituted,
special
matter may
be given in
evidence.

SEC. 10. And be it enacted, That nothing contained in this
act shall be construed to affect the sale or disposition of silver
plate, or manufactured silver, of the estate of any deceased per-
son or persons, which shall have been used by such deceased
person or persons in his, her or their life-time.

Plate now
in use not
to be affect-
ed by this
act.

SEC. 11. And be it enacted. That all fines not exceeding fifty
dollars, incurred under the provisions of this act, shall be reco-
vered before a justice of the peace as small debts are recovera-
ble, in the name of the mayor and city council of Baltimore,
the one-half thereof to the said mayor and city council of Bal-
timore, for the use of the city, and the other half for the use of
the informer ; and all fines exceeding fifty dollars imposed by
this act, shall be recovered by action of debt in the county court

Fines, how
to be
recovered.