MARYLAND COURT OF APPEALS 33

Realm and the Customes paid which to make this Clause reach the s^a
Beer must essentially be alleadged and likewise proved to be true which
I am Sure cannot be done in this Case therefore if the s^d Statute Should
reach here nevertheless the information for the defect afores^t is altogether
groundless.

3^d This Act by the pening thereof may clearly appear to any Mann
of indifferent Capacity to be intended only for Goodes carried from port
to port in England for by dayly practice we see that no Such certificate] [51]
is requisite in this Countrey otherwise all goodes carried from one port to
another in this Province Should be forfeited for want of Such certificate
which we dayly See are not for Tobacco or any other goods are Safely Carried
from any one port in boat or Shallope to another here which all the Countrey
can testifye therefore this Act does not extend hither Or if it does our Officers
have all this while most carelessly neglected the Kings business.

4^th The other Act mentioned in the s^d information cannot be construed
to effect the s^d beer because the s^d Act Sayes that if any wines goods and mer-
chandizes whereof the Subsides mentioned in the s^d Act are or Shall be due
Shall at any time after be Shipped or put into any boate or Vessell to the
intent to be carried into the parts beyond the Seas So that to make this beer
forfeited within the s^d Act there are two Conditions absolutely requisite First
that either the Subsidy of Tonnage or poundage be due from the s^a Beer
secondly that it be either carried beyond the Seas or brought from beyond
the Seas But it is not once alleadged in the information that either of the s^d
Subsides are due upon the s^d beer and if it were alleadged it would be a false
allegation neither is it Say'd that the s^d beer was brought from beyond the
Seas or if it were Said it would appear to be manifestly false therefore the
Said Statute cannot maintain the s^d information.

5^th As to the Act of Assembly, mention'd in the s^d information it can
by noe construction be So taken as to Forfeit the s^d beer because in the First
place the whole Country and Severall Assembly men doe own that it was
never intended to be Costomable within the s^d Act or if it were intended the
s^d Act does not mention the least penalty or Forfeiture in Case of non Entry
or otherwise but Says only that the importer of Strong liquors Shall pay Four
pence per gall^o which if due from beer it is not by the Act to be pay'd by the
buyer therefore the beer was unjustly Seized and the information wrong
grounded Vitious and Erronious all which the s^d Charles is ready to Verifye
and demands Judgm^t and that the information afores^d may be quashed and
the Seizure of the s^d Beer removed etc:

Clark for the Def^t

And the s^d Nehemiah who as well etc: Sayth as in the information afs^d
he hath Said etc: that the s^d Goodes and Merchandizes were illegally and un-
lawfully unladen put on Shore and by him the s^d Charles into his Warehouse