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to the contrary notwithstanding. And in Case any Action or Suit
shall be commenced, and prosecuted against any Person or Persons
importing any such Liquors as aforesaid, for any Fine or Forfeiture
arising by this Act, the Court before whom such Suit shall be com-
menced and prosecuted, shall, at their Discretion, rule the said Defen-
dant or Defendants, to give good and sufficient Bail to such Suit, and
for want thereof, shall and may commit the said Defendant or
Defendants to the Custody of the Sheriff of the County, there to
remain until he or they shall comply therewith : And if Judgment on
such Suit shall be given against the said Defendant or Defendants,
the Court before whom the said Judgment shall be rendered, shall
commit the said Defendant or Defendants until he or they shall pay
unto the Naval Officer aforesaid the Moiety of the Forfeiture afore-
said, hereby directed to be applied to the Uses in this Act mentioned.
And be it further Enacted, That all Masters of Ships and other
Vessels, and Others importing Servants into this Province by Land



176 Assembly Proceedings, June 2^-Jiily 8, 1755.

L. H. J. or Water, to serve for the Term of seven Years or upwards, at the

Liber No. 48 -pjj^^g ^f ^^idr Entry, shall pay unto the Naval Officer, for the Time

being, belonging to such Port or Place w^here they make their Entry,

the Sum of Five Shillings, in Bills of Credit, over and above the

Duties already imposed by other Laws on such Servants.

And be it further Enacted, That the Naval Officers aforesaid,
shall yearly transmit to the Commissioners of the Loan-Office an
Account upon Oath of all the Monies by them respectively received,
by Virtue of this Act, for the Duties, Impositions and Forfeitures,
and yearly pay to the said Commissioners or Trustees the Monies
aforesaid so by them received, retaining in his or their Hands respec-
tively a Commission of Two and an Half per Cent; and that the
Office-Bonds of the said Naval Officers, and their Sureties in such
Bonds, shall be answerable for and subject to the Payment of all
Monies so by the said respective Naval Officers received, and for any
Breach of Duty by them committed against this Act.

And be it further Enacted, That the said Commissioners or
p. 139 Trustees of the said Loan-Office, for the Time being, shall, and they
are hereby obliged and required to keep a distinct and particular
Account of all the Money paid to them, by Virtue of this Act, and
upon every Payment made to them, to credit such Account, by the
Person paying the same, distinguishing particularly in such Account
for what the same was paid.

And be it further Enacted, That the Commissioners or Trustees
of the Loan-Office aforesaid, shall retain and keep all such Sums of
Money as they shall receive by Virtue of this Act, till the next Ses-
sion of Assembly after the Receipt thereof, and then shall burn and
destroy the same before the Committee, which shall be appointed to
inspect the Accounts and Proceedings of the said Office, and so from
Session to Session until they have destroyed the full Sum of Two
Thousand Pounds : And the Residue of the Money arising by Virtue
of this Act, if any there be, they shall retain in their Hands, to be
disposed of as the General Assembly of this Province shall direct.

And be it further Enacted, That the Office-Bonds of the said Com-
missioners or Trustees of the said Loan-Office, for the Time being,
and their Sureties in such.Bonds, shall be answerable for all Sums of
Money, which they shall receive by Virtue of this Act.

And for the better Encouragement of any Person or Persons,
Party or Parties, either in Pay by Virtue and Direction of this Act,
or other the Inhabitants of this Province,

It is hereby Enacted, That any Person or Persons, Party or
Parties, in Pay by Virtue and Direction of this Act, or other the
Inhabitants of this Province, who shall, within six Months after the
End of this Session of Assembly, unless the present Hostilities
should cease before the Expiration of that Time, kill or destroy, or



The Lower House. 177

take Prisoner or Prisoners, any Indian Enemy, not in Alliance with L.H.J,
his Majesty, shall, for every such Indian Enemy so killed or de- j^jy^^
stroyed, or taken Prisoner, as aforesaid, be paid the Sum of Five
Pounds by his Excellency the Governor, or Commander in Chief,
for the Time being out, of the Money directed to be paid the Gov-
ernor, by Virtue of this Act. And that the Scalp of such Indian
Enemy produced to the Governor of this Province, for the Time
being, by the Person or Persons killing such Indian or Indians, and
his or their Oath or Oaths, shall be deemed good Evidence. Pro-
vided, that the said Indian Enemies, so to be taken Prisoners as p. 140
aforesaid, be delivered to the Sheriff of Anne-Arundel County, at
the Publick Goal in Annapolis, and intitle such Person or Persons to
the Reward aforesaid, before the Payment of the said Reward,
which Sheriff is hereby obliged to receive and keep such Indian in
safe Custody, until discharged by the Governor or Commander in
Chief of this Province, for the Time being.

Provided always. That in case the whole Sum of Two Thousand
Pounds aforesaid, granted by this Act, shall not be expended for the
Uses and Purposes aforesaid, then the Remainder thereof shall be
applied to the Public Uses of this Province, as the General Assembly
thereof shall hereafter direct and appoint.

This Act to continue until the said Sum of Two Thousand Pounds
shall be raised, repaid, and replaced, into the Office of the Commis-
sioners or Trustees aforesaid, and to the End of the next Session of
Assembly, which shall thereafter happen.

The Indorsements :
By the Lower House of Assembly, July 2, 1755. Read the first
and second Time by an especial Order, and will pass.

Signed -p Order, M. Macnemara, CI. lo. ho.

By the Upper House of Assembly, July 2, 1755. Read the first
Time, and ordered to lie on the Table.

Signed p Order, J. Ross, CI. up. ho.

By the Upper House of Assembly, July 3, 1775. Read the second
Time, and will not pass.

Signed "p Order, J. Ross, CI. up. ho.

And in Pursuance of an Order of the House, the following Bill
is inserted, in the Words following, viz.
An Act for granting a further Supply towards his Majestys Service.

Whereas, for holding the Lands, and securing his Majesty's just
Possessions to the Westward of this Province, upon the River Ohio,
it is apprehended, that the supporting a Garrison in some Fortifica-
tion or Place of Defence there, will be necessary, and as it is highly



178 Assembly Proceedings, June 22,-July 8, 1755.

L. H. J. reasonable that this Province, in proportion to their Circumstances,
' ^'^ Juiy*7 ^'''O'J'^ contribute, with the neighbouring Colonies, towards the
Expence thereof, and it being considered, that by early and season-
able Supplies, his Majesty's Service, and our own Security, will be
best promoted ; this General Assembly therefore pray that it may be
enacted,

And be it Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor,
p. 141 and the Upper and Lower Houses of Assembly, and the Authority of
the same, That the Commissioners or Trustees, for emitting Bills
of Credit, established by Act of Assembly, shall, and they are hereby
required, out of the Money which is now in the Paper Currency
Office, and any which shall next be paid in, to pay to his Excellency
Horatio Sharp, Esq; Governor and Commander in Chief of this
Province, or to the Governor or Commander in Chief for the Time
being, or his Order, to the Amount of Five Thousand Pounds, in
such Sums as his Excellency by Draft, or Drafts, under his Hand, for
his Majesty's Service, shall require; the several Payments whereof,
the said Commissioners shall keep in a fair distinct Account.

And for repaying and replacing the said Sum of Five Thousand
Pounds into the Paper Currency Office, Be it further Enacted, That
the several Clauses mentioned and contained in an Act of Assembly
entituled, An Act for his Majesty's Service, made at a Session of
Assembly, begun and held at the City of Annapolis, the seventeenth
Day of July, One thousand Seven hundred and fifty-four, relating
to the several Duties, Licence-Money, Fines, and Forfeitures, therein
mentioned, and the Recovery thereof, (except what is hereinafter
repealed), and also the several Parts of the Acts of Assembly in
the said Act mentioned to be continued, shall be, and are hereby
declared to continue and be in full Force, from and after the several
Purposes of the said Act, and the Acts therein mentioned, are fully
answered, compleated and fulfilled, until the aforesaid Sum of Five
Thousand Pounds shall be thereby, and by this Act, repaid and re-
placed in the said Office, and until the End of the next Session of
Assembly which shall thereafter happen.

And whereas a Duty of Two Pence per Gallon is laid upon all
Madeira Wine, by the said Act, and it appearing to this General
Assembly, that the Payment thereof is evaded, by entering the same
under different Denominations ; It is therefore hereby Enacted, That
every Person, or Persons, bringing any other Wines whatsoever
into this Province, by Land or Water, other than immediately from
Great-Britain, either in Casks or Bottles, shall, for every Gallon of
such Wine, pay the Sum of Two Pence Current Money, in the same
Manner, and to the same Purposes, as is directed by the said recited
and this present Act, which shall be received, accounted for, and paid



The Lower House. 179

by the respective Naval Officers, in the same Manner as the Duty L.H.J,
upon Madeira Wine is by the said Act directed. July/

And be it further Enacted, That for all Coaches, Chairs, Chaises
and Chariots, or such like Carriages, belonging to, or used by, the
Inhabitants of this Province, there shall be paid this present Year,
and yearly, and every Year, during the Continuance of this Act, by
the respective Owners thereof, the Sum of Five Shillings Current p. 142
Money, for every Wheel belonging to such Coaches, Chairs, Chaises
and Chariots, or such like Carriages ; and for all Billiard Tables
belonging to, or kept by, the Inhabitants of this Province, there
shall be paid by the respective Owners, or Keepers thereof, this
present Year, and each Year hereafter, during the Continuance of
this Act, the Sum of Three Pounds Current Money.

And be it further Enacted, That the Constables of the respective
Hundreds in the several Counties in this Province, shall, at or before
the last Day of July, in this present Year, and so yearly, and every
Year, during the Continuance of this Act, require of all Persons,
who own or keep any Billiard Table, and who use or own any
Coaches, Chairs, Chaises and Chariots, or such like Carriages, within
his Hundred, a true List from under his, her, or their Hands, of all
such Billiard Tables, Coaches, Chairs, Chaises and Chariots, or such
like Carriages, belonging to, or used by, such Person, and the Num-
ber of Wheels belonging to such Coaches, Chairs, Chaises and
Chariots, or such like Carriages, from which Lists so to be taken, the
said Constables shall make fair Lists, and return the same to the
Next August Court yearly ; and in Case the Owner or Keeper of any
Billiard Table, Coach, Chair, Chaise or Chariot, or such like Car-
riage, shall refuse or delay, upon Demand, to give such Constable
a true List of their Billiard Tables, Coaches, Chairs, Chaises and
Chariots, or such like Carriages, they shall own, use or keep, and
the Number of Wheels belonging to such Coaches, Chairs, Chaises
and Chariots, or such like Carriages, such Owner or Keeper shall
forfeit and pay, for every Billiard Table so refused, or delayed to
be given in to such Constable, the Sum of Five Pounds Current
Money; and for every Wheel belonging to such Coaches, Chairs,
Chaises and Chariots, or such like Carriages so refused, or delayed
to be given in to such Constable, the Sum of Twenty Shillings Cur-
tent Money; to be recovered in a Summary Way, before any one
Justice of the Peace of the County where such Offence shall happen.
And in Case any Constable shall not pursue the Directions of this
Act, in demanding, taking, and returning Lists, such Constable shall
forfeit and pay, for every such Offence, the Sum of Five Pounds
Current Money; to be recovered in Manner and Form aforesaid.

And be it Enacted, That the several Justices aforesaid, before
whom such Convictions shall happen, are hereby authorized and
required to receive the same Fines, and to make Pa)Tnent thereof



i8o Assembly Proceedings, June 27i-July 8, 1755.

L. H. J. to the Sheriff of the said County, for the Time being, and shall take
' ^^ Juiy^7 ^'^ Receipt for the same, and shall transmit to the Commissioners
p. 143 or Trustees aforesaid, at or before the Twentieth Day of October
yearly, a List under his Hand, what Fines he hath so received,
together with the said Sheriff's Receipt for the same, and what
Commitments he has made for Non-payment ; and in Case Judgment
shall be given by such Justice, against such Offender, or Offenders,
and the said Fines shall not be immediately paid to the said Justices,
the said Justices are hereby required to commit the said Offender to
the Custody of the Sheriff of the same County, there to remain until
he shall have paid and satisfied the said Fine, with Costs.

And be it further Enacted, That it shall be the Duty of the Con-
stables of the several Hundreds, in every County within this Prov-
ince, and they are hereby directed and required to make immediate
Information, to some Magistrate in their respective Counties, against
the Owner or Keeper of any Billiard Table, Coach, Chair, Chaise or
Chariot, or such like Carriage, who shall refuses or delay to comply
with the Directions of this Act.

And be it likewise Enacted, That upon every Conviction, before a
Justice aforesaid, the said Justice shall be intitled to a Fee or Reward
of Five Shillings Current Money ; and the Constable for serving
every Warrant, the Sum of Two Shillings and Six Pence, and no
more.

And be it further Enacted, That the Clerks of the respective
Courts shall make out two Copies of the Lists, so as aforesaid to be
returned, at the End of each Court, to which the same Lists shall be
returned, and shall forthwith transmit one of the said Copies to the
Commissioners or Trustees aforesaid, for the Time being, and the
other shall deliver to the Sheriff of the County, who is hereby im-
powered and obliged to collect the the Money aforesaid, in Bills of
Credit, in the same Manner as the County Levy is collected, and
shall pay the same, together with all Fines and Forfeitures which he
shall receive, by Virtue of this Act, to the Commissioners of the
Loan Office aforesaid, for the Time being, at or before the Twentieth
Day of October in each Year, for which the said Sheriff shall retain
to his own Use, a Commission of Two and an Half per Centum.

And be it further Enacted, That all Fines and Forfeitures which
shall be received by, and paid to, the Commissioners or Trustees
aforesaid, by Virtue of this Act, shall be applied towards the Repay-
ing and Replacing the aforesaid Sum of Five Thousand Pounds,
herein granted, for his Majesty's Service
p. Tj|4 And it is hereby Enacted, That each Constable within this Prov-
ince, for the Time being, within whose Hundred there are any
Billiard Tables, or Carriages, as aforesaid, shall have and receive
for his or their Care, Diligence and Trouble, relating to this Act,
the Quantity of One Hundred Pounds of Tobacco to each Constable,



The Lower House. i8i

to be allowed, assessed, and paid them, and every of them, in the L.H.J,
respective County Levies, where they respectively reside, in the same juiy ^ *
Manner as County Levies are; and that every respective County
Clerk, within this Province, shall, for his Trouble in making out
and transmitting the said Lists, have and receive, in the County
Levy, the Sum of Four Pounds and one Half of Tobacco per Side,
to be assessed and paid as aforesaid.

And it is hereby further Enacted, That the Clause or Clauses in
the said Act, entituled, An Act for his Majesty's Service, relating
to Coaches, Chairs, Chaises and Chariots, or such like Carriages,
belonging to, and used by, the Inhabitants of this Province, be, and
is hereby repealed, abrogated, made null and void; any Thing in
the said Act to the contrary thereof, in any wise, notwithstanding.

And be it further Enacted, That all Masters, Owners, or Com-
manders of any Ships, or other Vessels, and all Others, who shall
import, or bring into this Province, by Land or Water, any Molasses
or Sugar, other than such Sugars as shall be immediately imported
from Great-Britain, shall make Entry thereof, upon Oath, with the
Naval Officer, or his Deputy, of the Port, Place, or District, where
they shall make their Entry, or where they shall bring any Molasses,
or Sugar, of the true Number of Casks, and the Contents thereof,
and the Quantity of the Gallons of Molasses, and Pounds of Sugar,
be it in Loaf or otherwise, they have so imported or brought into this
Province, (which Oath the said Naval Officer or his Deputy are
hereby directed and impowered to administer), and shall, at the
Time of making their Entry aforesaid, pay, or secure to be paid,
unto the said Naval Officer, or his Deputy, the Sum of One Penny
per Gallon, in Bills of Credit of this Province, for every Gallon of
Molasses, and One Shilling for every Hundred Pounds of Sugar,
in Loaf or otherwise, so by them imported into this Province, and so
pro Rato for a greater or less Quantity.

And be it further Enacted, That when the Importer or Importers,
or other Persons, who shall bring any Molasses, or Sugar, into this
Province, have made fair Entries thereof, as aforesaid, and paid,
or secured to be paid, the Duties, as aforesaid, that then the Naval
Officer aforesaid, or his Deputy, shall give the said Importer or
Importers, Owners, or other Persons aforesaid, a Permit in Writing,
under his Hand, to carry the same to any River, Harbour or Place,
within this Province, to make sale, or otherwise use or disopse of
the same.

And be it Enacted, That in Case any Person or Persons, who shall p. 145
import, or bring into this Province, any Wine. Molasses or Sugar,
except such Wine and Sugar as shall be immediately imported from
Great-Britain, shall land, or put on shore the same, or any Part
thereof, out of any Ship, or Vessel, in which the same shall be im-



i82 Assembly Proceedings, June 2T,-July 8, 1755.

L. H. J. ported, or shall expose, or offer to sale, or otherwise use or dispose
Liber ^o- 4° q£ g^^,]^ Wine, Molasses or Sugar, or any Part thereof, so imported,
or brought in, as aforesaid, before due Entry thereof hath been
made, upon Oath, with the Naval Officer aforesaid, or his Deputy,
according to the Directions of this Act, or before the Duties due
and payable by this Act for the same have been paid and satisfied,
or secured to be paid to such Naval Officer, and a Permit from the
said Naval Officer, or his Deputy, under his Hand as aforesaid, for
the Landing, Using, or Disposing of the same, hath been obtained,
such Person, or Persons, so importing, or bringing the same into
this Province, shall forfeit and lose all such Molasses, and Sugars,
so imported, or brought into this Province, or the full Value thereof,
to be paid in Bills of Credit of this Province; one Half thereof to
be applied towards the Repaying and Replacing the aforesaid Sum
of Five Thousand Pounds, and the other Half to the Informer, or
him or them that will sue for the same, to be recovered, by Action
of Debt, Bill, Plaint or Information, with legal Costs of Suit, in
any Court of Record within this Province : And for the better
Encouragement of all Masters, Merchants, Owners and other Per-
sons whatsoever, to make due and true Entries, and Payments of the
Duties and Impositions raised by this Act, in Consideration of
Leakage, Shrinkage, or other Damage, the Naval Officer aforesaid
is hereby authorized and impowered to make an Allowance or
Abatement of Twenty Gallons in every Hundred Gallons of Wine
and Molasses, and of Twenty Pounds in every Hundred Pounds of
Sugar, so to be entered as aforesaid ; and so pro Rato for a greater
or less Quantity : And the officers aforesaid, hereby appointed to
collect and receive the said Duties, shall be, and are hereby im-
powered, upon Suspicion of Fraund, or Deceit, by any Importer,
Owner, or Proprietor of any such Wine, Molasses or Sugar, brought
into this Province, in concealing and not making due Entry of the
same, to go and enter on board such Ship or Vessel, or into any
Warehouse, or other Out-House, where such Wines, Molasses or
Sugar, may or shall be put or placed, and view and examine the same,
and if, upon such Examination, it shall appear to the said Officer,
that the said Importer, or Owner, of any such Wine, Molasses or
Sugars, or other Person bringing the same into this Province, hath
not made due Entry of the same, or hath acted or done any Thing
p. 146 contrary to the true Intent of this Act, to seize and bring on shore,
or otherwise secure, all such Wines, Molasses and Sugars, so im-
ported or brought into this Province, for which the Duties aforesaid
are not duly paid, or secured to be paid ; and that the said Officers,
and their Deputies, or any of them, shall and may freely stay and
remain on board, until such Wine, Molasses and Sugars, shall be
delivered and discharged out of the said Ship or Vessel : And all
Sheriffs, Coroners, Deputy-Sheriffs and Constables, are hereby en-



The Lower House. 183

joined and required to be aiding and assisting to such Naval Officers, L. H. J.
and their Deputies, in Discharge of their Duty aforesaid; and if juiy; °'
any Action or Suit shall be commenced against such Officers, or
Others assisting to put this Act in Execution, it shall and may be
lawful for such Officers, and Others, to plead thereto the General
Issue, and give this Act, and the special Matter therein, in Evidence ;
any Lav/ or Custom to the contrary thereof notw^ithstanding. And
in Case any Action or Suit shall be commenced and prosecuted
against any Person or Persons importing, or bringing into this
Province, any such Wine, Molasses or Sugar, as aforesaid, for any
Fine or Forfeiture arising by this Act, the Court, before whom
such suit shall be commenced and prosecuted, shall, at their Dis-
cretion, rule the said Defendant or Defendants, to give good and
sufficient Bail to such Suit, and for Want thereof, shall and may
commit the said Defendant or Defendants to the Custody of the
Sheriff of the County, there to remain until he or they shall comply
therewith : And if Judgment on such Suit shall be given against the
said Defendant or Defendants, the Court before whom the said
Judgment shall be rendered, shall commit the said Defendant or
Defendants, until he or they shall shall pay unto the Naval Officer
aforesaid, the Moiety of the Forfeiture aforesaid, to be applied to
the Use in this Act mentioned.

And be it further Enacted, That the Officers aforesaid, hereby
directed to seize any such Wine, Molasses and Sugars, and are hereby
impowered and directed, after the same have been legally condemned,
and public Notice thereof given five Days, to sell one Moiety of all
such Wine, Molasses and Sugars, so as aforesaid seized and con-
demned, at public Auction, to the highest Bidder, and the Money
arising on such Sale, to pay unto the Commissioners of the Loan
Office aforesaid, to and for the Uses and Purposes in this Act men-
tioned, and the other Moiety of the said Wine, Molasses and Sugar,
so seized and condemned, shall belong to the Person or Persons
seizing the same.

And be it further Enacted, That all Sheriffs, Coroners, Deputy- p. 147
Sheriffs and Constables, in their several Counties and Hundreds
in this Province, are hereby strictly enjoined and required to make
Information, to some Justice of their respective Counties, of any
such Wine, Molasses or Sugar, which they shall know to be imported
or brought into this Province, either by Land or Water, which
have not been duly entered, and the 'Duties thereof paid, or secured
to be paid, or secured to be paid, according to the Directions of this
Act: And if any Sheriff, Coroner, Deputy-Sheriff or Constable,
shall know of any such Wine, Molasses or Sugar, to be imported or
brought into this Province by Land or Water, which have not been
entered, and the Duties thereof paid, or secured to be paid, according



184 Assembly Proceedings, June 2^-jHly 8, 1755.



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.52) → online text (page 20 of 74)