clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 33   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

MARYLAND COURT OF APPEALS 33

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

3d 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.

4th The other Act mentioned in the sd information cannot be construed
to effect the sd beer because the sd Act Sayes that if any wines goods and mer-
chandizes whereof the Subsides mentioned in the sd 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 sd Act there are two Conditions absolutely requisite First
that either the Subsidy of Tonnage or poundage be due from the sa 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 sd
Subsides are due upon the sd beer and if it were alleadged it would be a false
allegation neither is it Say'd that the sd 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 sd information.

5th As to the Act of Assembly, mention'd in the sd information it can
by noe construction be So taken as to Forfeit the sd 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 sd Act or if it were intended the
sd 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 gallo 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 sd Charles is ready to Verifye
and demands Judgmt and that the information aforesd may be quashed and
the Seizure of the sd Beer removed etc:

Clark for the Deft

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


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 33   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives