106 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts

paid & satisfied all such sum or summs of Tobacco from them due
and payable to such persons Creditors of the Country to whome the
same is ordered & appointed & to the severall Officers such there Fees
as by them have been collected as aforesaid & in case any Sheriff
after the publication hereof shall presume to convert make use or
dispose of any publick Tobacco or Officers Fees within their Countys
by them Collected contrary to the true intent and meaning of this
Act that then & in every such case it shall be at the Choice of such
person or persons as are hereby agreived for redress of the damage
sustained Either upon application made to the Govern^r of this Prov-
ince for the time beinge to put his or their bond or bonds in Suit or
upon manefest proof thereof by one or more Evidences either before
the Justices of the County Courts whereto they belong in Court Sitting
or before any two of them out of Court to have and demand of such
Court or two Comissioners as aforesaid Execution to the Coroner of
the County directed against such Sheriff for such & so much Tobacco
as to them shall appear to be due, Either by capias ad satisfaciendum
or fieri facias at the choyce of such person or persons as aforesaid
togeather with double the sum of Tobacco as the Sallery theirof did
amount to & such Execution so granted for the debt and damages
Either from the County Courts or any two of the Commissioners in
forme as before is Expressed shall be made returnable to the next
County Courts and their Lodged amongst the Records thereof and to
be adjudged deem'd. and taken as valid in Law as any Execution
founded upon an Originall process of what nature or qualitie soever
provided this act nor nothing therein contained be construed or taken
to allow any person or persons agrieved the benifitt & advantage of
both remedies, but that such person or persons agrieved as aforesaid
who shall make use of any one of the remedies before in this Act pre-
scribed for recovering of his debt and damage the same shall be as a
perpetuall Barr to such person or persons taking any hould benefitt or
advantage of the other anything herein contained to the contrary
Notwithstanding. And to the End no Officer or other person may be
surprized or unjustly molested Either upon the account of Collection
or payment of Publick dues Bee it likewise Enacted that no person
or persons having publick Tobacco to them due or Fees in any
Sheriffs hands to Collect & that doe not signifie to such Sheriff or
Sheriffs their dependance and resolution of making use of the same
on or before the 20^th day of December in the year the [sic] same
to him or them shall have take or demanded any benefitt or advantage
of either of the remedies in this act before prescribed for that present
year and soe every year successively nor shall the Sheriff of each
respective County Levey by way of Execution for any publick dues
or Officers Fees on any of the Inhabitants within his Balwick where
they have not made demand thereof on or before the 20^th day of
December aforesaid for that present year and so every year Succes-
sively as aforesaid & where any such person or persons having
publick Tobacco or Fees in such Sheriffs hands & have made their