506 Assembly Proceedings, June 29-July 22, 1699.

Lib. L. L.

Tobbacco att the Choice of the party paying or owing the
Same shall pay for every such default the Sume of Two Thou-
sand pounds of Tobbacco one halfe to his Ma^ty for Supporte
of the Governm^t the other halfe to the Party grieved to be
recovered in any Court of Record within this Province by
Action of Debt Bill Plaint or Information wherein no Essoyne
Protection or Wager of Law to be allowed, And if it shall so
happen that any time any Sherriffe shall Seize any hh^d of
Tobbacco which shall weigh more then Such Leavy or Leavys
shall amount unto if the remaining part due to the party or
partys from whom they shall receive Such Leavy or Leavys
be the greater quantity then and in every Such Case the said
Sheriffe or Sherriffs shall take out of the said hogshead Such
quantity or Quantitys of Tobbacco due to him for such Leavy
or Leavys and the said hhd and the remaining part of the
Tobbacco shall be and remaine with the Party or Partys pay-

p. 249

ing the Same but if the remaining Part of Such hogshead of
Tobbacco so Seized as aforesaid and belonging to the Party
or Partys paying the Same shall be the less quantity then is
due to the s^d Sherriffe or Sherriffs for Leavys as aforesaid
then and in every such Case the Owner or Owners of Such
Tobbacco shall take out the Overplus of Such Tobbacco and
the hh^d with the remaining part shall belong to such Sherriffe
or Sherriffs receiving the same And be it further Enacted by
the Authority aforesaid That no Sherriffe within this Province
shall Take Exact receive of or from any person whatsoever
ffees Sallary Gratuity or reward for Serving any Writt War-
rant or Precept from the Governor & Councill as from any
Justice of the Peace or for doing any other thing in any of the
Courts of Record upon any Suite or Suites in Criminall Causes
but the severall Sherriffs are hereby enjoyned to Execute the
same ex-Officio and every Sherriffe Offending shall forfeitt
the Sume of one Thousand pounds of Tobbacco for every
such Offence the one halfe to his Ma^ty his heires and Suc-
cessors for the Support of Government the other halfe to the
party grieved to be recovered in any Court of Record within
this Province by Action of Debt Bill Plaint or Information
wherein no Essoyne Protection or Wager of Law shall be
Allowed And whereas many Litigious persons have and for
the future may Comence Actions of Trespass upon the Case
rather out of Spite and Malice then any reall Cause of Action
and not Setting forth in the Originall Writt the Cause of Such
Action yett lay the damage to a Vast sume to deterr persons
from being Baile thereto for prosecution whereof for the future

p. 250

be it Enacted by the Authority aforesaid That in all Actions of
Trespass upon the Case where Damages are laid to be above
four Thousand poundsof Tobbacco if no Declaration be sent with