JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1801.

longing 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 commis-
sion, 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.

CHAP,

LXIIL

XLVII... AND BE IT ENACTED, That when any warehouse or warehouses shall be declared to be
unnecessary, and shall be discontinued, that it shall be the duty of the inspector or inspectors at
such warehouses to send the tobacco remaining in such warehouse to the warehouse most con-
venient thereto, the expence of which he shall charge to the county, to be credited in his account,
or levied for him if he should not be in arrears to the county ; and the inspector at the warehouse
to which the same is sent shall be accountable for the same.

Inspectors to
send tobacco,
&c.

XLVIII. AND BE IT ENACTED, That for every hogshead of tobacco inspected, after the com-
mencement of this act in the counties of Calvert, Prince-George's and Somerset, there shall be
paid to the inspector or inspectors who shall deliver the said tobacco, the sum of seventy-five
cents, and for every hogshead of tobacco inspected in the counties of Baltimore, Saint-Mary's,
Charles, Worcester, Dorchester, Anne-Arundel, Talbot and Queen-Anne's, there shall be paid
the sum of one dollar by the person receiving the said tobacco, at the time of delivery thereof, and
the said inspectors shall account for and pay all such monies by them received to the justices of
the levy court of their county, who shall, out of such monies, pay the proprietors of the ware-
houses, within one month after such account shall be settled, a sum of money, in their discretion,
not exceeding sixty-seven cents, nor less than twenty-five cents, 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.

Their allow-
ance, &c.

XLIX. 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 four
cents per month for everv month any hogshead of tobacco shall be over and above the said term of
twelve months, and the inspector or inspectors are hereby directed to receive and pay the same to
the order of the levy court, if such warehouse belongs to the county, if not, to the owner or
proprietor of the warehouse, except that in the warehouses in the city of Baltimore there shall be
paid for every such hogshead of tobacco at the rate of twelve and an half cents per month.

Charge for
warehouse .
room, &c,

L. 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 spe-
cial 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 acti-
on, or if judgment shall be given upon demurrer, or verdict against the plaintiff, the defendant
shall recover double costs.

General issue
pleadable.

LI. 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 com-
mitted, or damage done, and not afterwards ; and all actions commenced against any person or per-
sons 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, when
to be com-
menced, &c.

LII AND BE IT ENACTED, That the several inspectors of tobacco at each warehouse in this
state shall settle their respective accounts with the levy courts annually, at their meeting for the
purpose of laying their county levy.

LIII. AND, whereas. a warehouse has been erected in the city of Annapolis for the reception of

Inspectrs to
settle, &c.

tobacco, by individuals, who have furnished the same with scales, weights, ropes and prizes, at
their own expence, BE IT ENACTED, That if the justices of the levy court of Anne-Arundel
county shall continue the said warehouse, the owner or owners of the said warehouse be and
they are hereby empowered and authorised to levy and receive, from the owner or owners of to-
bacco, thirty cents per hogshead for all tobacco by him or them received, kept, and delivered in
good order, within one year, and six cents for every month thereafter they shall take care of the
said tobacco after the expiration of the said one year, until the same shall be delivered in good
order, agreeably to the regulations of this act,
LIV. AND.

Owvners may
charge, &c,