JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER,

1801.

exported in manner herein prescribed; and if any person shall export by water out of this state
any tobacco contrary to this act, or shall lade any tobacco on board any vessel for exportation out
of this state, contrary to this act, such person shall forfeit and pay the sum of five hundred
dollars for every such offence, to be recovered in any court of law in this state, the one half for
the use of the state, the other half to the use of the informer ; and every captain of a ship or
other vessel taking in tobacco for exportation, shall receive none on board without a manifest,
signed by the inspector or inspectors of the warehouse from whence the same was brought, ail of
which original manifests, so signed by the inspectors, he the said captain, upon his clearing out,
shall deposite with the collector of the United States of the port from which he sails, and lie the
said captain, or his mate, shall make oath, that no more tobacco, from any part of the state of
Maryland, has been received on board than what is expressed in the said manifests ; and if any
person shall carry any tobacco by land out of this state, contrary to this act, or shall lade or put
in any waggon, cart or other carriage, . any tobacco, with intent to carry the same out of this
state, contrary to this act, such person shall forfeit one hundred and fifty dollars for every hogs-
head of tobacco, if in hogsheads, or twelve and one half cents, if not in hogsheads, for every
pound of tobacco so carried out, or laden or put in any carriage, with intent to carry the same by
land out of this state, and the tobacco so laden, together with the waggon, cart or other carriage,
and the horses, oxen or other beasts, employed in such service, shall be forfeited, one half to the
state, and the other half to the informer ; and it shall be lawful for any person to seize any tobacco
which he shall discover laden or put in any waggon, cart or other carriage, with intent to be car-
ried out of this state, contrary to this act, and the carriage and horses, oxen or other beasts, em-
ployed in such service, and the property thereof, shall be vested, on seizure,: in the per son making
the" same, who, if sued for such seizure, may give this act and the special matter in evidence ;
and if it shall appear that such seizure is made for a breach of this law, the court before whom
such suit is tried shall direct the jury to find for the defendant, for whom they shall find accord-
ingly, and thereupon the property of the thing seized shall be vested in the defendant; and the
governor and the council may, in their discretion, from time to time appoint fit and active persons
at the Head of Elk, and near the division line between this state and Delaware and Pennsylvania,
and at other proper places, to prevent any violation of this act, and to seize any tobacco, car-
riages and beasts, liable to be forfeited and seised, in virtue of this. act.

CHAP,
LXIIL

III. AND BE IT ENACTED, That the justices, of the levy court, or a majority of them, for the
several counties of this state, except Washington, Frederick, Caecil, Kent, Caroline, Harford,
Montgomery and Aliegany, be and they are hereby authorised and required annually to meet. at.
the place where their respective county courts are held, between the fifteenth and twenty. fifth
day of January next, and then and there determine at what place or places on or near navigable
water, in their respective counties, except in the counties before excepted, warehouses shall be
kept for the receipt and inspection of tobacco agreeably to this act, and the number of inspectors
at each place, and the number of days in each week each inspector shall be required to attend, to
be entered in a book to be provided and kept for that purpose only, or the place or places, and
warehouse or warehouses, for the receipt and inspection of tobacco in their county during the
continuance of this act.

Justices to
meet, &c.

IV. AND BE IT ENACTED, That the justices of the levy court, or a majority of them, when
met as aforesaid, shall proceed to nominate and recommend to the governor and council three or
five persons, each of them having assessed property in the state to the value of eight hundred
dollars, and well skilled in the curing and packing tobacco, and the order, quality and condition
thereof, and well qualified and capable from integrity, reputation and diligence, to execute and
discharge the office and duty of an inspector; provided, where the same person or persons are
nominated who had the preceding year officiated as inspector or inspectors under commission from the

governor, he or they may continue to act as inspector or inspectors without a new commission.

Nominate per-
sons, &c.

V. AND BE IT ENACTED, That every justice of the levy court, before he votes for any public
warehouse, or. for any person as inspector, shall take an oath or affirmation, as the ease may be,
(which any one of the said justices may administer,) that he will, without favour, affection, par-
tiality or prejudice,, appoint such place and public warehouse for the receipt and inspection of
tobacco in his county, as he in his judgment and conscience believes most proper for that purpose,
and that he will nominate and recommend such person to be inspector as he shall, in his judgment
and conscience believe well skilled in the coring and packing tobacco, and the order, condition
and quality thereof, and well qualified and capable, from his integrity, reputation and diligence,
to execute and discharge the office and duty of an inspector ; and every justice; on voting for any
N public

And take an
oath, &c