1801.
CHAP. 63. |
LAWS OF MARYLAND.
carry out of this state, by land or by water, any tobacco, unless in
hogsheads, which shall be inspected, passed and marked, at some
public warehouse, agreeably to the directions of this act, except
any tobacco inspected before the passage of this act may be exported
in manner herein prescribed; (a) and if any person shall
export by water out of this state any tobacco contrary to this act,
or shall lade any tobacco on board any vessel for exportation out
of this state, contrary to this act, such person shall forfeit and pay
the sum of five hundred dollars for every such offence, to be recovered
in any court of law in this state, the one half for the use of
the state, the other half to the use of the informer; and every captain
of a ship or other vessel taking in tobacco for exportation,
shall receive none on board without a manifest, signed by the inspector
or inspectors of the warehouse from whence the same was
brought, all of which original manifests, so signed by the inspectors,
he the said captain, upon his clearing out, shall deposite with
the collector of the United States of the port from which he sails,
and he the said captain, or his mate, shall make oath, that no more
tobacco, from any part of the state of Maryland, has been received
on board than what is expressed in the said manifests; and if any
person shall carry any tobacco by land out of this state, contrary
to this act, or shall lade or put in any wagon, cart or other carriage,
any tobacco, with intent to carry the same out of this state,
contrary to this act, such person shall forfeit one hundred and fifty
dollars for every hogshead of tobacco, if in hogsheads, or twelve
and one half cents, if not in hogsheads, for every pounds of tobacco,
so carried out, or laden or put in any carriage, with intent to
carry the same by land out of this state, and the tobacco so laden,
together with the wagon, cart or other carriage, and the horses,
oxen or other beasts, employed in such service, shall be forfeited,
one half to the state, and the other half to the informer; and it
shall be lawful for any person to seize any tobacco which he shall
discover laden or put in any wagon, cart or other carriage, with
intent to be carried out of this state, contrary to this act, and the
carriage and horses, oxen or other beasts, employed in such service,
and the property thereof, shall be vested, on seizure, in the
person making the same, who, if sued for such seizure, may give
this act and the special matter in evidence; and if it shall appear
that such seizure is made for a breach of this law, the court before
whom such suit is tried shall direct the jury to find for the defendant,
for whom they shall find accordingly, and thereupon the property
of the thing seized shall be vested in the defendant; and the
governor and the council may, in their discretion, from time to
time, appoint fit and active persons at the Head of Elk, and near
the division line between this state and Delaware and Pennsylvania,
and at other proper places, to prevent any violation of this act,
and to seize any tobacco, carriages and beasts, liable to be
forfeited and seized in virtue of this act.
(a) By 1802, ch. 27, permission
is given to export tobacco to the county of
Washington, in the District of Columbia, and fines released, except the
part to
the informer. |