Acts. 167

house or other houses where tobacco is or shall be secured with
designe to prevent the said Sherriff from Seizing such tobacco for
Levies and clues as afores^d and any Sherriff so seizing or marking

Liber LL, 4

Acts

any hoggshead or hoggsheads of tobacco Containing more than
what is Justly clue for Leavys and dues as af^d without Satisfaction
to the person to whom such tobacco doth belong as by giveing Creditt
or Suffering him to take the overplus out of such hogshead of tobacco
at the Choice of the party paying or oweing the same shall pay for
Every such default the Sume of two thousand pounds of tobacco, one
half to her maj^ty her heirs and Successors for support of Governm^t
the other half to the party grived to be recovered in any court of
record of this province by action of debt bill plaint or Information
wherein no Essoyn protection or wager of law to be allowed
And if it shall so happen that at any time any Sherriff shall Seize
any hoggshead of tobacco which shall weigh more than such Levy
or Levys or dues as af^d shall amount unto if the remaining part due
to the party or partys from whome they shall receive such levy or
levys or dues af^d be the greater quantity then and in every such Case
the Sherriff or Sherriffs shall take out of the said hogshead such
quantity or quantitys of tobacco due to him for such Levy or Levys
or dues as af^d and the said hh^d and the remaining part of the to-
bacco shall be and remaine w^th the party or partys the same. But if
the remaining part of such hh^d of tobacco so seized as af^d and
belonging to the party or partys paying the same shall be the less
quantity than is due to the said Sherriff or Sherriffs as af^d then and
in Every such Case the owner or owners of such tobacco shall take
out the overplus of such tobacco and the hoggshead with the remain-
ing part shall belong to such sherr or sherr^s receiving the same.
And be it further Enacted by the authority af^d by and with the
advice and Consent af^d that no sherr or sherriffs within this province
shall require ask for demand or receive of or from any person what
soever any fees or reward for serving any writt warr^t or precept
from the governour and Councill or from any Justice of peace or for
Summoning any grand Juror or for Summoning any Petit Jury in
Criminall Causes or for Summoning or Subpoening any witness or
wittnesses in Criminall Causes against any person or persons prose-
cuted in any of the Courts of this Province as a Criminall or for
Executing of any Judg^t given ag^t a Criminall, but in all such Cases
the severall Sherr^s shall and are hereby enjoyned and required to Ex-
ecute and pform the severall things af^d Ex Officio, and every Sherriff
offending shall forfeit the sume of one thousand pounds of tobacco for

p. 66

Every such offence the one half thereof to her Maj^ty her heirs and suc-
cessors for the support of the governm^t of this province and the other
half thereof to the party grived to be recovered in any Court of
record of this province by action of debt bill Plaint or Information
wherein no Essoyne protection or wager of law to be allowed.

p. 67