116 Assembly Proceedings, Oct. 28-Nov. 15, 1712.

U. H. J.

M^r John Macall and seven other Delegates bring up a
Supplementary Bill to the Act for probat of Wills Endorsed
Read the first and second times in the House of Delegates
and by Special Order will pass. Also the following Message
from their House

By the House of Delegates
November the 14th 1712

We take it Strange that your Honours should believe the
Act restraining the ill practices of Sherriffs in executing Writts
fieri facias were only designed to remedy the same in Calvert
County and no other place in this Province.

We can give you many Instances of like nature in other
Countys and must say the Sherriff of Calvert County is not so
great a Stranger to Mr. Dalton's Office of Sherriff to act con-
trary thereto And that the Goods We Instanced to be Sold
were Valued by a Jury at a greater Value than Sold for

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neither would the Sherriff Sell them until commanded by a
venditioni exponas and was forced by the Creditors to sell
them at less than Half what the Jury valued them at.
Besides that Bill would remedy many other Evills. As if
Cattle are taken in Execution by A. B. Sheriff by Virtue of a
fieri fac The Sherriff returns they remain in his Hands for
Want of Buyers and then dyes. A venditioni exponas issues
commanding his Successour to sell them The last Sherriff
cannot execute that Writt for the Goods were never in his
Custody And before a new fieri facias can be taken out The
Cattle are all lost or dead for after they are executed they are
out of the Defendants Custody And the Exec^r or Adm^r of the
first Sherriff cannot detain them nor are they answerable so
this is a loss to the Creditor as well as the Debtor

Again to what purpose Is it for the Sherriffe to keep the
Goods in his Hands for many years, when no Buyers offer
This must needs be a great loss to the Creditor and Debtor
especially in Goods perishable or chargeable; Or if negros,
the profitts of their Labour must be the Sherriffs

And altho the Wisdom of the Kingdom of England never
thought meet to make such an Act having no reason there
being many marketts and many Buyers Yet we know several
Acts of the like nature to this in the English Plantations.
And why this Province should be denyed the Liberty that
others are allowed We know not unless it be to satisfy the

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Covetous desires of a few merciless Creditors and mercenary
Officers and to bring the Commonality into Poverty and
Slavery Out of which we have and hope always shall En-