Proceedings of the Council of Maryland, 1694 97. 411

      Witness our Trusty & well beloved ffrancis Nicholson Esqr Lib. H. D.

    Capt Genll & Governr in Chief in & over our sd province and P. 329

    Territory of Maryland.

                                     ffr. Nicholson

      Ordered that the Sherriff of Ann-Arrundell County do (vpon

    sight hereof) take into his custody the body of Jeremiah

    Waters Master of the Briganteen, called the Hare, now riding

    in Herring Bay within the sd County, as also summon Samuell

    Chew, so that they both be & appear before his Excell the

    Governr (at the port of Annapolis) to Answer &Ca

      Came accordingly the sd Jeremiah Waters & Samuell Chew,

    who being asked concerning the Lading of the abovemen

    tioned ship taken in at the Madera's this last Voyage & her

    Entry making here, & the Reason of his Running with the sd

    Vessell from one place to another, after such Entry making;

    and the sd Waters Examination & Answer being taken in

    Writing; Ordered that it be Referred to Mr Attorney & Sollicitor

    Genll to consult whether a Master, Entring his Vessell in one

    Port can by Vertue thereof go to any other place & Land

    Goods, than where the Officer Entring the same has Jurisdic

    tion.

    Ordr of Ordered that it be Referred to Mr Attorney and

    Reference, Sollicitor Genll whether Ten pipes of Wine imported

    Wine shipt by an Alien last year in the Briganteen called the Hare (belong-

    & imported ing to the Consul of the Madera's) ought not to pay

    in a Vesseil the 4d Gall Duty notwithstanding the Vessell im

    belonging to         .  .     .

    ths  province, porting the same is this Countrey built & off & Whitehall

      ould pay belonging to this province; And that they consult

    Gall &ca what the Law says in such Case.

       Which sd Reference came Reported thus, Vizt

               To his Exncy the Governr &Ca

    Report vpon In obedience to this Command We humbly say

    the above Ordr that according to the Reason & sence of the Law in

     our thought, the Ten Pipes of Wine ought to pay

    the Duty; ffor the Clause in the Law is only in favour of Resi- Whitehall

    dents in this Province & increase of Shipping & Navigation,

    both which faile in the present Case; And when the inductive p. 330

    Reason of any Law, either indulgent or penall failes, the bare

    Letter ought to attend it, which We humbly submit to your

    Excell & are

                               Yor most obedient

                                    George Plater

                                    Willm Dent