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JOHN EAGER HOWARD, Esq; Governor.
of the inhabitants of their county who carry tobacco for inspection,
to determine whether any warehouse appointed in their county in virtue
of this
act ought to be discounted and suppressed, and also whether the number
of
inspectors at any warehouse ought to be increased, or diminished, and the
said
justices shall enter their determination in the records of the minutes
of their proceedings,
and shall transmit a copy thereof to the governor and the council; and
if the said justices shall declare that any warehouse is unnecessary, it
shall, by
virtue of such order, be discontinued, and if belonging to the county,
the warehouse,
with the ground belonging thereto, shall be sold by the order of the said
justices, and the sales thereof applied to the use of the county; and if
they shall
declare that the number of inspectors are too few or too many at any warehouse,
the governor, with the advice of the council, may appoint and commission,
out
of the last recommendation, as many persons as may be necessary, or, in
the last
case, take as many out of the appointment and commission as may be requisite. |
1789.
CHAP.
XXVI. |
LX. And be it
enacted, That for every hogshead of tobacco inspected on
the western shore, except the counties of Baltimore and Harford, there
shall be
paid to the inspector or inspectors who shall view the said tobacco,
the sum of
four shillings current money; and for every hogshead of tobacco inspected
on
the eastern shore, and the counties of Baltimore and Harford, there shall
be paid
the sum of five shillings current money, by the person receiving the
said tobacco,
at the time of delivery thereof; and the said inspectors shall account
for and
pay all uch monies by them received to the justices of their county, who
shall,
out of such monies, pay the proprietors of the warehouses, within one month
after such account shall be settled, a sum of money, in their discretion,
not exceeding
one shilling and six-pence, nor less than one shilling and three-pence,
current money, for every hogshead inspected, passed, and lodged in their
respective
warehouses, and the inspectors salaries, and also all other expences
incurred in virtue of this act. |
Inspectors allowance,
&c. |
LXI. And be
it enacted, That every hogshead of tobacco that shall be unexported,
after being twelve months in any public warehouse established by this
act, shall be chargeable with three-pence per month for every month any
hogshead
of tobacco shall be over and above one year; and the inspector or inspectors
are hereby directed to receive and pay the same to the justices of the
county, if
such warehouse belongs to the county, if not, to the owner or proprietor
of the
warehouse. |
Charge for
warehouse
room, &c. |
LXII. And be
it enacted, That if any action shall be commenced against any
person for any thing done in pursuance of this act, he may plead the general
issue,
and give this act and the special matter in evidence at the trial,
and that the same
was done in pursuance and by authority of this act; and if it shall appear
to have
been so done, then the court shall direct the jury, and they shall
accordingly find
for the defendant, and if the plaintiff be nonsuited, or discontinue his
action, or
if judgment shall be given upon demurrer or verdict against the plaintiff,
the
defendant shall recover double costs. |
Defendant
may plead the
general issue,
&c. |
LXIII. And be
it enacted, That all prosecutions and actions for the recovery
of any penalty or damages for any breach of this act, shall be commenced
within
one year after the offence committed, or damage done, and not afterwards;
and
all actions commenced against any person or persons making any seizure
under
this act, or doing any thing in consequence of the provisions in this act,
shall be
brought within one year after the seizure made, or act done, and not afterwards. |
Actions to be
commenced
within one
year, &c. |
LXIV. Whereas, since the expiration of the
act to prevent the exportation of
unmechantable tobacco, the inspectors at several of the warehouses established
in
virtue thereof continued to view and receive such tobacco as was offered
to them
for that purpose, and took the oath prescribed by that act to be taken
by inspectors,
and there may be now remaining in the said warehouses tobacco which
hath been viewed and received by such late inspectors acting as receivers,
Be it
therefore enacted, That all such
tobacco as shall be remaining in any of the said |
Tob. heretofore
viewed
may be exported,
&c. |
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