114 Assembly Proceedings, Oct. &-Nov. 15, 1712.

U. H. J.

The Bill restraining the ill practices of Sherriffs on executing
fieri facias &c with the House of Delegates last Endorsement
thereon brought up by M^r Tyler and nineteen other Delegates
being considered and debated and several Authoritys and
precedents of the Sheriffs office being looked into,
Resolved that the following answer be endorsed on the Bill
and Sent to the House of Delegates by the honble Sam^l Young
Esq^r Col Addison Col Tilghman & Cap^t Dorsey

By the Council in Assembly
Novem^r 13^th 1712

Gentlemen We are heartily Sorry to hear of such extra-
ordinary oppressions and ill Practices by you represented to
have been committed in Calvert County And thereupon have
looked into the office of Sherriffs and particularly in relation
to Executions made on fieri facias and Goods sold by virtue
of Writts of Venditioni exponas And find that upon such
Executions the Sherriff if he does not enquire of the Value of
Goods and Chattells by him taken by a Jury yet he ought to
do it by Oath of good men & take Care the Goods are not
undervalued

p. 786

For it is instanced by Dalton's Sherriffs Office fol 526
The under Sherriff took Goods upon a fieri fac. And did
not Sell them to half the Worth of them and upon motion It
appeared to the Court that he had perswaded the Jury to
undervalue the Goods and according to his perswasions the
Jury appraised them and then the Sherriff sold them for the
same mony to which they were appraised. The Court held
that this was a grand oppression and thereupon ordered an
Indictment against the under Sherriff.
Again in the same Authority fol 246 the Sherrifi makes
return of a Venditioni Exponas in these Words.
As yet the Goods and Chattels which I lately took into the
Hands of our Lord the King of the Goods and Chatties of
the Farm Possession & Tenement of the mannor of W. to the
Value of X remain unsold for want of Buyers but from day
to day I have exposed them to sale and as soon as I can will
answer unto you for the expence thereupon arising

Which shews the Sherriff ought not to sell the Goods &
Chattels levyed under the Value appraised or that he is con-
fined to sell them before the return of the Writt to any Bidder
under the full Value of the Appraism^t nor ought he to levy
more Goods and Chattels than what by the Appraism^t of in-
different men or a Jury as af^d are Sufficient to answer the debt
and Cost in the Execution commanded to be levyed