32 MARYLAND COURT OF APPEALS

merchandizes may be forfeited and condemned to their Ma^ts to be devided as
afores^d according to the Statutes afores^d And that the s^d Charles Carroll may
Come into Court and Answer the p^rmises and Show Cause if any he hath
why the s^d Goods and Merchandizes So unlawfully delivered and put on
Shore and by him the s^d Charles into his Custody and Warehouse taken [50]
and Received Should not be Forfeited and Condemned as afores^d

Plater Atf Gen^ll

Ne^a Blackiston Qui tarn ag^t Charles Carroll
Plea

And the s^d Charles Carroll by Philip Clarke his Attorney cometh and
defendeth the Force and injury when etc: and prayeth the hearing of the
Information afores^t and it is read unto him which being Read and heard he
Saith that he ought not to burdened therewith nor the beer therein men-
tioned ought not to be Forfeited nor Condemned Because protesting that he
is no wayes guilty of the breach of either of the s^d Acts of Parliam^t nor of the
s^a Act of Assembly nor of any Fraud deceit or Mallice as in the s^d information
is most maliciously Set forth and of this he puts himself upon the Countrey.

He further for plea Saith that the information afores^d in manner and
Form afores^t exhibited ag^t him and the matter therein contain'd is not Suffi-
cient in Law to maintain the s^d information to which he hath no Need nor by
the Lawes of this Land is no wayes Obliged to make answer wherefore for
want of a Sufficient information he doth demurr in Law, and for the Reasons
of Such his Demurrer according to the Statute in that Case made and pro-
vided he Sheweth these following.

i^st That the s^d Statute of the 3^d of Henry the 7^th being made before this
plantation or any other in these American parts were Seated cannot in reason
nor in Law be intended to extend hither For when Lawes are made there's
a perticular Consideration had of the Circumstances of all Such places into
which the s^d Lawes are to Extend which could not be had of a plea [sic] then
not in being neither was this Statute at any time Since the making thereof
either by any Subsequent Act of Parliam' or by any Act of Assembly of this
Province extended hither therefore cannot be p^rsumed to take place in rela-
tion to the Trade of this Province.

2^d The s^d Statute mentions only the Realm of England and further
Sayes that any body bringing into any port thereof by way of merchandize
goodes and there do Enter the Same in the Book of the Customers of the s^d
Port where the goodes and merchandizes Shall first come and the Kings Duty
thereof paid or agreed for and the s^d goodes and merchandizes after will con-
vey into any other port within the s^d Realm all w^cn Supposed an Entry made
and Customes paid therefore does in the least affect the s^d beer, Because it is
not as much as alleadged that the s^d beer was Entered into any Port of the