454

LAWS OF MARYLAND.— 1801.

Wooden
chimneys
not to be
built within
100 yards
of any
warehouse.

SEC. 42. And be it enacted. That it shall not be lawful for
any person to erect or build, or cause to be erected or built, any
chimney, except brick or stone, within one hundred yards of
any public warehouse in this state ; and where any chimney,
except brick or stone, is already built within the distance afore-
said from any public warehouse, the owner or proprietor of the
said chimney shall pull down the same, or on refusal or neglect
so to do in six months after the passing this act, it shall and
may be lawful for the sheriff of the county, and he is hereby
required, upon notice, under the penalty of one hundred and
fifty dollars, to cause such chimney to be pulled down and
demolished ; and the inspector or inspectors of the several
warehouses shall, under the penalty of sixty dollars, give notice
to the sheriff of their respective counties of any chimneys
being erected, or already built, contrary to the provision in this
act, as soon as may be after such chimney may be discovered.

Special bail
may be
awarded in
actions
founded on
this act.

SEC. 43. And be it enacted. That in all actions founded on
this act against any person or persons about to depart the state,
it shall and may be lawful for the court in which such action
shall be commenced, upon affidavit of the plaintiff or other
evidence of the fact, and his cause of action given to the satis-
faction of the court, to award special bail against any defendant
in such action, and for default of such bail to commit such
defendant until he shall put in such special bail.

Court may
purchase
land for
erecting
warehouses

SEC. 44. And, whereas some of the warehouses rented and
used under former laws for the inspection of tobacco may have
been employed and used by the owners thereof to other pur-
poses, and they may be now unwilling to rent them for the use
of the public : And whereas, it may be necessary to erect new
warehouses at some of the places to be appointed in virtue of
this law; Be it enacted, That the justices of the levy court, in
all such cases, shall and they are hereby authorized and re-
quired to agree for and purchase a quantity of land, not exceed-
ing two acres, the most convenient and proper for the erection
of warehouses ; and in case the owner or owners of such land
shall refuse to make sale of so much of the said land as the
said justices shall think necessary, for the purposes by this act
directed, at a reasonable price, or be under any disability of
making sale thereof, then the said justices shall be, and they
are by virtue of this act, authorized and required to issue their
warrant to the sheriff of such county, requiring and command-
ing him to summon and return a jury of good and lawful men
of his county, not less than twelve, inhabitants within such
county, and not interested in, or related to the owner of, such
land, to be and appear before the said justices on the premises,
upon a certain day to be by them limited and appointed in such