134 Proceedings of the Council of Maryland, 1753-1761.

Lib. J. R.

& U. S.

impowered to hear and determine the same, and whose Judg-
ment therein shall be final. Provided always, that no Justice
who shall sit on the first hearing of any such Cause shall sit
to hear, and determine the same Cause in Case any such
Appeal shall happen to be made therein. And the said Jus-
tices of the several Counties, within this Province are hereby
authorized and strictly enjoined and required, upon any
Complaint or Information exhibited and brought of any such
Forfeiture made, and Offence committed contrary to this Act
except as before excepted) to summon the Party accused, and
upon his or their Appearance or Contempt to proceed to
examine Witnesses upon the Matters of Fact, and upon due
Proof thereof either by Confession of the Party, or by the
Oath, or Affirmation if a Quaker, of one or more credible
Witnesses, to give Judgment or sentence as before is directed
and to award, and issue out Warrants under their Hands and
Seals, directed to the Sheriff of the County for the levying
of such Forfeiture, Penalties, and Fines, as by this Act are

p. 109

imposed for any such Offences committed, upon the Goods
and Chattels of such Offender and to cause Sale to be made
of such Goods, and Chattels (if they are not redeemed within
five Days) rendering to the parties the Overplus, if any be,
the Charges of Distress, and Sale being first deducted; and
for Want of sufficient Distress, to imprison the Party offend-
ing 'till satisfaction made.
And be it further Enacted, that if the said Magistrate,
Collector, or his Deputy or any Constable shall be sued, and
prosecuted for any thing done by them in pursuance of this
Act, he or they may plead the general Issue, and give this
Act and special Matter in Evidence for his or their Justi-
fication.
And for Encouragement of persons who shall distill Spirits
from any Grain or Fruits of the Growth of this Province, Be
it Enacted, that it shall be lawful to and for any Distiller in
this Province, to sell to any Retailer, or Retailers, any Quan-
tity of such Spirits of his own distilling, not less than .five
Gallons to one Person, and to be delivered at one time, mak-
ing Entries thereof within the space of ten Days with the
Collector of the County where he resides, with the Retailers
Name and place of Abode to whom sold and number of
Gallons, and also at the same time, taking an Oath, or Af-
firmation if a Quaker, that the same Spirits by him sold, as
aforesaid, were bona fide, distilled in this Province, and as
he is informed and verily believes from Materials of the
Growth or Produce thereof, and are clear of all Mixture of
Rum, or any other foreign Spirits whatsoever; and the