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Bacon's Laws of Maryland
Volume 75, Page 709   View pdf image (33K)
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I    N    D    E    X.

 
TAXABLES.

Negro Women, by the Act of 1725, ch. 4,) above
the Age of Sixteen Years, shall be accounted Taxables.
1715, ch. 15, §. 5.
    2.  Except beneficed Clergy of the Church of England,
Persons receiving Alms from the County, and
Slaves adjudged by the Court to be past Labour.  Ibid.
    3.  The Constable shall repair in Person, by the 20th
June, yearly, to every Habitation in his Hundred, and
demand from the chief Person in every Family, a List,
under their Hands, of all their Taxables.  And every
Master, Mistress, or other chief Person, refusing or
delaying to give such List, or in their Absence to leave
such List at their Dwelling-houses or Quarters, or in
such Account or List concealing any Taxable, shall, 
for every Taxable so concealed or not given in, forfeit
500 lb Tobacco:  One Half to the County School, the
other Half to the Informer.  Ibid.  §. 3 and 4, and
1719, ch. 12, §. 2.
    4.  No Person shall be taken as a Taxable who shall 
not be imported on or before the 1st of June in that
Year.  Ibid.  §. 3.
    5.  Unsettled Freemen, found in any Hundred, may
be taken by the Constable and carried before the next
Magistrate for the County; and (unless it be made
appear that they are Residents, or taken as Taxables
in some other County) may be committed 'til they
procure some House-keeper to return them as Taxables,
and be answerable for their Levy.  Ibid.  §. 7.
    6.  Constables shall return their Lists of Taxables to
the Sheriff, yearly, by the 1st of August, and the Sheriff
shall return a fair Copy of the List of Taxables in the
County to the Secretary's Office by the 20th September.
Ibid.  §. 5 and 6.
    7.  And shall also return another List to the next
County Court, to be there set up.  1715, ch. i15, §. 3.
    See Constables, 5-7.

TAXES.

    No Subsidies, Alds, Customs, Taxes or Impositions,
shall be raised on the Freemen of this Province, without
Consent of the General Assembly.  1650, ch. 25.
TENDER. See Hemp and Flax, 1, 3.  Inspectors,
   
43.  Inspectors Notes, 1.  Tobacco Debts, 7.
TEST.  See Oaths to the Government.
TESTAMENTARY BONDS.  See Administration
    Bonds,
per Tot.  Administrators, 23-26.  Limitation
    of Actions,
7.

THIEVING and STEALING.

    1.  County Courts are impowered to hold Plea of,
adjudge and determine, all Thieving and Stealing of
Goods and Chattels, under the Value of 1000 lb Tobacco;
Robbery, Burglary and House-breaking, excepted.
1715, ch. 26, §. 1.
    2.  Persons convicted of Thieving and Stealing, shall
be punished by paying Four-fold the Value of the
Goods so Stolen (such Value always to be adjudged
by the Court) and the Goods so Stolen to be restored
to the Party grieved; and also by putting in the Pillory,
and Whipping so may Stripes, not exceeding
Forty, as the Court shall adjudge.  Ibid.
    3.  If the Criminal be not able to satisfy the Four-fold,
or be a Servant, he shall receive Corporal
Punishment, and satisfy the Four-fold and Fees of
Conviction, by Servitude.  Ibid.
    4.  The Term of Servitude of a Free Person so convicted,
shall commence from the Time of Conviction;
and of a Servant so convicted, at the Expiration of his
present Servitude:  Which Time, &c. shall be adjudged
by the Court, either to the Party grieved, or any
other Person the Court shall order, that will then and
there pay or secure the Four-fold and Costs,  Ibid.  §. 2.
    5. Receivers of Stolen Goods, and Aiders of the
Thief, shall, on Conviction, suffer the like corporal
Punishment with the Thief. Ibid.
    6.  Persons once convicted of such Thieving, and
presented again for Stealing above the Value of Twelve

THIEVING and STEALING.

Pence, shall not be Tried n the County Court, but
proceeded against he Provincial as simple Felons,
and shall not be punished by Death, but paying the 
Four-fold, Branding with a hot Iron, or such other
corporal Punishment as the Court shall adjudge, saving
Life.  The County Clerk shall send such Presentment,
together with a Copy of the former Conviction, if in
that Court, or else make known to the Attorney-General
in what Court such former Conviction was, if
to him known; under Penalty of 500 lb Tobacco for
the Support of Government.  And the Witnesses, if
in Court, shall be bound to give Evidence, and if not,
their Names, &c. sent to the Attorney-General, in
Order to be Summoned.  And the Party presented shall
be bound over, if in Court, otherwise to be proceeded
against according to Law.  Ibid.  §. 3.
    See Hog-Stealing, 3.  Receivers of Stolen Goods, 1.
THREE COUNTY JUSTICES.  See Tobacco Inspected,
   
5.
TIMBER.  See Highways, 13.  Indians Lands, 13.
    Water Mills,
2.

TOBACCO DEBTS.

    1.  Tobacco Debts, due before the 16th May 1747,
being discharged in Inspected Tobacco, shall have a
Deduction of one Fourth Part.  1763, ch. 18, §. 70.
    2.  Where the Intention hath been that Payment
shou'd be made in Tobacco, tho' the Traders Books

have been kept in Money, the Creditor shall be paid
in Inspected Tobacco at the general Rates such Creditor
dealt at the time of the Contract; deducting one
Fourth of the Demand out of the Payment in Inspected
Tobacco, in case of Debts contracted before
the 16th May 1747.  Ibid.  §. 71.
    3.  All Judgments, Bonds, Mortgages, &c. or other
Securities of any Kind for Payment of Money
instead of Tobacco, taken since the 15th May 1747,
or which shall be taken, in order to elude the Provision

made by this Act, or the Act of 1747, ch. 1, for the
Abatement of Tobacco Debts, shall be void.  And in

case of Judgment rendered, or Execution issued thereon,
the Party may sue an Audita Querela:  And Persons
sued on any such Bond, &c. may plead the General
Issue, and give the Special Matter in Evidence.  And
in case it shall appear that the Bond, &c. or other Security
was given in order to elude the said Provision,
then shall the Plaintiff be Non-suit ad pay Costs.
Ibid.  §. 72, 73.
    4.  The Court wherein any such Judgment is entered,
or Action commenced, may interrogate the
Plaintiff on Oath, &c. for what Consideration such
Judgment, Bond, &c. or other Security was passed?
And if on such Examination it shall appear that the 
same was given for Money instead of Tobacco as
aforesaid, the Plaintiff shall be Non-suit, &c.  And
the Plaintiff's Refusal to submit to such Examination
shall be taken for Confession, &c.  And if convicted
of False Swearing, shall suffer as in case of wilful Perjury.
Ibid.  §. 74, 75.
    5.  Nothing herein contained shall vacate any Contract,
&c made for Payment of tobacco in Specie
before the 16th May 1747; but the same shall remain

in full Force.  Ibid.  §. 76.
    6.  All Judgment Bonds taken for Money in lieu of
Tobacco between the 15th May 1747, and the 1st December
1748, are declared void, &c.  And, during this
Act, no Judgments shall be entered on any Judgment
Bonds for Money, taken after the 15th May 1747,
until the Court, Judge, or Justice, before whom a

Judgment is offered to be entered up, be satisfied, that
the Defendant is actually run away:  Nor even then
unless Oath be made that the Bond was not passed for
a Tobacco Debt contrary to this and the afore-recited
Act.  Ibid.  §. 77.
    7.  No Tender of any Debt or Duty payable in Tobacco
shall be accounted lawful unless made in Inspectors
Notes.  Ibid.  §. 17.



 
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Bacon's Laws of Maryland
Volume 75, Page 709   View pdf image (33K)
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