152 Assembly Proceedings, November 17-December 20, 1769.

Liber R. G.
1769

which it might appear upon what Consideration the same was taken
the said Bond Bill or Writing Obligatory should be void and of no
Effect and the Officer or Officers that took the same should Loose
his Debt and for ever be debarred of suing any other Action for
the Recovery of the same
And Whereas it is found by Experience that the said Provision
hath been often eluded by Sheriffs and Under Sheriffs their taking
Promissory Notes and other written securities for ffees by them
illegally charged without indorsing on such Notes the Account for

p. 30

which the Sum mentioned in such Notes became due which hath
been understood not to be within the Provision of the said Act
above recited to the great Damage and Injury of many of the good
People of this Province For Remedy whereof

[Sheriffs,
after the 1st
Feb. taking
any mort-
gage, &c.
without in-
dorsing the
Account
thereon, for
which same
was taken,
the same to
be void &
the Officer to
lose the
Debt,]

Be it enacted by the Right Honourable the Lord Proprietary by
and with the Advice and Consent of his Lordships Governor and the
Upper and Lower Houses of Assembly and the Authority of the
same That no Sheriff or Sub Sheriff within this Province after the
first day of February next shall take any Mortgage Promissory Note
or inland Bill of Exchange whatever of any person or persons upon
any Pretence whatsoever without indorsing the Account on such
Mortgage Promissory Note or Bill of Exchange for which the same
was passed, And if any Sheriff or Sub Sheriff within this province
shall after the said first day of February next during the Time that
he shall remain in his said Office upon any Pretence whatsoever take
any Mortgage Promissory Note or inland Bill of Exchange without
indorsing the Account on such Mortgage Note or Bill of Exchange
by which it may appear for what Consideration the same was taken
the said Mortgage Note or Bill of Exchange shall be void and of no
effect and the Officer or Officers that took the same and his and their
Assigns shall Lose the said Debt and forever be debarred from any
other Action for the Recovery of the same any Law usage or Custom
to the Contrary Notwithstanding.

[and any
Sheriff, or
Sub-Sheriff
taking any
Bond &c, if
required
shall deliver
his Debtor
a fair Ac-
count of the
Considera-
tion, and on
refusal or
neglect to do
the same,
shall pay the
Party in-
jured the
value of such
Bond, &c.]

And be it further Enacted That whensoever any Sheriff or Sub
Sheriff aforesaid shall after the said first day of February next take
any Bond Bill or Writing Obligatory or any Mortgage, Promissory
Note or inland Bill of Exchange he shall Deliver to his Debtor if he
shall require the same under the Hand of him the said Sheriff or
Sub Sheriff a fair Account of the Consideration for which such
Bond Bill or other Writing Obligatory Promissory Note or Bill of
Exchange shall be taken And if any Sheriff or Sub Sheriff aforesaid
shall refuse or neglect to do the same he shall Forfeit and pay to
the party injured the Value of the Sum for which such Bond Bill
or Writing Obligatory Mortgage Promissory Note or Bill of Ex-
change shall be taken to be recovered by Action of Debt or on the
Case in any Court that shall have Jurisdiction of such Sum with
double Costs of Suit.