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Bacon's Laws of Maryland
Volume 75, Page 712   View pdf image (33K)
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I    N    D    E    X.

 
TOBACCO PAYMENTS.

Tobacco in the inward Part of any Hogshead, when
the Generality of such Tobacco as shall be packed in

the outward Parts is good, sound, and merchantable,
or that it shall be deemed by the Court or Jury before 
whom tried, that such false packing falls within the
ancient common received Notion of false Packing)
and offering any Hogshead, forfeit 1000 lb
good Tobacco in Cask; One Half towards the County
Charge, the other Half to the party grieved:  But if
such Party do not prosecute within Three Months after
Notice of the Fraud, then to the Informer.  Ibid.
§. 7.
    12.  But Persons packing up small, dull, scrubby
Tobacco, and Ground Leaves, in Cask by itself, and
declaring the Quality thereof to the Purchaser before
Sale, shall not incur the Penalties in this Act imposed.
Ibid.  §. 8.
    13.  No Sheriff, or his Deputy, shall Seize any Tobacco
unstript; or already received, marked and nailed

for any Merchant or other; except for Public 
Levies, or the 40 per Poll.  In which case he may
break Locks.  But shall not Seize or Mark any Hogshead
containing more than what is justly due for such
Levies, &c. without Satisfaction to the Owner for the
Overplus, on Penalty of 2000 lb Tobacco; One Half
to the Support of Government, the other to the Party
grieved.  1715, ch. 46, §. 1.
    14.  In case of Breaking a Hogshead on such Seizure,
they Party that hath the greatest Share of the Tobacco
shall have the Cask.  Ibid.  §. 2.

TOBACCO PLANTS.

    Persons cutting or destroying, or causing to be cut
or destroyed, or exciting others to cut or destroy, any
Tobacco or Tobacco Plants belonging to others, shall
forfeit 100 l. Sterling to the Party grieved, and suffer
Six Months Imprisonment without Bail, &c. and also
remain in Prison, as in Execution, till the said Sum
be satisfied, if able to pay:  If not, then to remain in
Prison one whole Year, without Bail, &c.  And the
Party grieved shall have Action of Trespass, &c. for
Recovery of Damages against the Offender.  1744,
ch. 5, §. 2.

TOBACCO RUN.

    1.  No Person shall transport out of this Province,
by Land or Water, any Tobacco, without first entering
the same, according to Law, with the proper Officers;
on Penalty of 10 l. Sterling, for every Hogshead
or other Package of such Tobacco; and the like
Penalty for every Parcel of 500 lb Weight, and so in
Proportion for a greater or lesser Quantity:  One Half
to his Lordship, the other to the Informer.  1722, ch. 
16, §. 2.
    2.  Tobacco put on board any Boat, &c. in any
River or Creek from whence Tobacco hath been
usually carried into any neighbouring Colonies; or
laden in any Cart, &c. in Places usual or convenient
for carrying the same by Land to Delaware Bay or
River, without a Permit first obtained from the proper
Officer, shall be forfeit, with the Vessel, Cart, Hoses,
&c.  And any Person whatsoever is impowered to
Seize the same: One Half of which Forfeiture to his
Lordship, the other Half to the Person seizing the
same.  Ibid.  §. 3.
    3.  Persons abusing or resisting Officers or other
Persons in the Execution of this Law, shall forfeit 10 l.
Sterling, to be applied as aforesaid.  Ibid.
    4.  All Officers of the Customs, Magistrates, Sheriffs,
Vestrymen, Church-wardens and Constables,
are impowered and required to put in this Act in Execution,
and assist Persons informing, or seizing, on Forfeiture
of 5 l. Sterling for every Neglect or Omission.
Ibid.  §. 4.
    5.  Persons sued for putting this Act in Execution,
may plead the General Issue, &c.  And on Non-suit,

TOBACCO RUN.

or Discontinuance of Action, shall recover full Costs.
Ibid.  §. 5.
    6.  For preventing the Running of Trash tobacco
into the neighbouring Colonies, no Tobacco whatsoever
of the Growth, &c. of this Province shall be

transported by Land or Water into Virginia, Pennsylvania,
or other Ports or Places whatsoever, till the same
has been first viewed , &c. at some Inspecting-house;
nor till due Entry thereof be made with the Officers of

the Customs in the District wherein the Owner of the
Tobacco shall reside, and a Permit obtained from them
for that Purpose.  And any Person carrying, or causing
to be transported, any Tobacco, before Inspection
and Permit, obtained as aforesaid, to Virginia, &c.
shall forfeit 800 lb Tobacco for every 100 lb Tobacco, in Bulk
or Parcels, so carried out, contrary to this Act.  1763,
ch. 18, §. 57.
    7.  All Sheriffs, and Under-Sheriffs, shall, at the

Time of their being sworn into the said Office, and all
Inspectors and Constables, at the first County Court
after their Appointment, (or at the same Court, if there
sworn into their Offices,) take the Oath prescribed in
this Section, (for which see the Act,) with regard tot he
Running of Tobacco, and obtain a Certificate thereof;
on Penalty, for Default herein, of 800 lb Tobacco
to the Informer; to be recovered with Cost, by Action
of Debt or Information, in any Court of Record.
Ibid.  §. 58.
    8. Any neighbouring County Magistrate, on Application,
shall issue his Warrant to the Sheriff or 
Constable, who shall thereupon Enter and Search any
Ship, Sloop, Boat, or other Vessel, and Seize any

Tobacco laden on board contrary to this Act:  And
the same being seized, shall be brought on Shore, and

carried before the same, or any other Justice, who
shall cause the same to be weighed, and if trashy or
bad, to be immediately burnt; if good, to be carried
to the Inspecting-house, there to be Inspected and Sold
for the Use of the County.  Persons resisting the Officer 
in the Execution of such Warrant, shall forfeit,
viz. if a Master, Owner, or Commanding Officer of
a Ship, 8000 lb Tobacco; if a Skipper of a Sloop or
Boat, &c. a Sailor, or other Person whatsoever,
3200 lb Tobacco; to be recovered by Action of Debt,
&c. in any Court of Record:  One Half to the Informer,

the other Half towards defraying the County
Charge accruing by the Execution of this Act.  And
any Magistrate, or other Officer, sued for any Thing
done in the Execution of this Act, may plead the General
Issue, &c. and on Non-suit, &c. shall recover
double Costs.  Ibid.  §. 59.
    See Tobacco Duties, 2.  Tobacco Trashy, 6, 8.

TOBACCO TRASHY.

    1.  No Person shall buy, sell or barter, or offer to
Sale, either directly or indirectly, any Trashy or unmerchantable
Tobacco, (except such as hath been 

heretofore lodged in some legal Inspecting-house, under 
any former Law) on Penalty of 4 lb Tobacco for
each Pound so bought, sold, &c. to be recovered,
where the Penalty shall not exceed 600 lb Tobacco,

before a single Magistrate; and where it exceeds that
Sum, in the County Court:  One Moiety to the Informer,
or Person suing for the same; together with

such Person's legal Allowance, for Attendance as an
Evidence; the other to the County Charge.  Where

such Penalty shall arise by Prosecution on Indictment,
if the Informer shall not, upon Conviction, make his
Claim (to be entered on the Clerk's Docket) to the
Moiety, in open Court, the whole shall go to the Use
of the County.  1763, ch. 18, §. 131.
    2.  If either Buyer or Seller shall prosecute the other
offending Party to Conviction (to which Purpose either

of the said offending Parties shall be good Evidence,)
the Party so prosecuting shall not only be indemnified

from any Prosecution for the said Offence, but shall



 
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Bacon's Laws of Maryland
Volume 75, Page 712   View pdf image (33K)
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