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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 34   View pdf image (33K)
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reed: and taken contrary to the tenor Effect and true meaning of the sd
Statutes and Act of Assembly whereby the same goods and Merchandizes are
become lyable to Seizure and Forfeited to their Mats to the Uses in the infor-
mation aforesd expressed and mention'd and this he Prayeth may be inquired
of by the Countrey etc: Plater Attr Genll

And the Deft likewise.
Ph: Clarke

And he further Sayth that for the reasons in the plea above alleadged the

sd information ought not to be quashed for that the Same information, and

the matter therein contain'd is Sufficient in Law to compell the sd Charles

to answer unto the same and this he is ready to Affirm and prayeth Judgem1.

And the Deft likewise Plater Attr Genll

Ph. Clarke.

[52] It is therefore (as to the First part of the plea wherein issue is Joyned)
Commanded the Sherriff of St Maries County that he Cause to Come here
Twelve etc: by whom etc: Now here at this day to wit the i8th day of Febru-
ary Anno Dom: 1692 came the sd Nehemiah Blackiston Esq who as well etc:
by his Attorney aforesd and the sd Charles Carroll by his Attorney likewise
came and the Jurors of that Jury also Came to wit Edward Batson, Wm
Haines, Robert Carss, Roger Toll, Thomas Price Senr Edward Morgan,
James Simmonds, John Shanks, John Sauner, Henry Taylor, Danll Moy,
and Thomas Price junr who to Say the Truth in the prmises being duly
Elected tryed and Sworne upon their Oathes do Say, They find for the King
and as to the other part of the plea demurring to the information as Vitious
and Erronious for want of Sufficiancy in Law to maintain the Same (wherein
also issue is Joyned) The Severall reasons and Articles thereof were distinctly
read and argued and the Same upon due and mature Consideration had
thereof by the Court found to be altogether defective and insufficient to
quash the information aforesd and the sd information and the matter therein
contain'd to be good and Sufficient in Law agt the Def any thing in the de-
murrer aforesd notwithstanding.

Therefore it is Considered by the Court here that the Severall hhds or
Casks of beer in the information mencon'd to be imported and illegally un-
laden and put on Shore and by the sd Charles Carroll into his Warehouse
Reed and taken be Condemned and Forfeited to their Mats according to the
Form true intent and meaning of the Statute aforest Vizt

The Moyetie of the Rate thereof to their sd Mat8 and the other Moyetie
to the sd Nehemiah Blackiston Esq who as well etc: in this behalf prosecuteth
And it is by the Court further Ordered That Mr Edward Batson be and he is
hereby appointed Appraiser to View appraise and Value Upon his Oath to be
duly Administred unto him the Severall hhds or Cask of beer aforesd and to
make Return of his Appraisemt under his hand and Seal into this Court
with all Convenient Speed.


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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 34   View pdf image (33K)
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