168 Assembly Proceedings, 1694-1728.

Liber LL, 4

Acts

And Whereas many Litigious Persons have and for the future
may Commence actions of trespasse upon the Case rather out of spite
and malice than any real cause of action and not setting forth in
the originall writt the Cause of such Action and yet Lay damage to
a Vast sume to deter persons from being bayle for prevention whereof
for the future.
Be it enacted by the authority advice and Consent af^d that in all
actions of trespass upon the Case where damages are Laid to be
above four thousand pounds of tob^o if no declaration be sent w^th the
writt Expressing the true Cause of Action the sherr shall not require
a bayle bond Exceeding the sume of Eight thousand pounds of
tobacco although the damages be Laid in the writt for any Greater
Sume whatsoever and any sherr Offending herein shall forfeit the
sume of four thousand pounds of tobacco, the one half thereof to her
Maj^ty her heirs and Successors for the 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 to the end that publick Creditors may be speedily Satisfyed
their debts due from the publick Be it Enacted by the authority
advice and Consent af^d that Every publick Creditor within this
province shall be at his Election to make application to the gover-
nour of this province for the time being to put such sherr^s bond or
bonds in suit or otherwise may Immediately have an action of debt
ag^l such sherriff in the County where the fact ariseth for such publick
tobacco as shall be due to such Creditor, and to the End that no Officer
or other Person may be surprized or unjustly molested Either upon
the account of paym^t or collection of publick dues.
Be it likewise Enacted by the authority af^d by and with the advice
and Consent af^d that any person or persons haveing publick tobacco
due to them or fees in any sherriffs hands to Collect and that do
not signifie to such sherriff or sherr^s their dependance and resolution
of makeing use of the same on or before the twenty fifth day of
December in the year the same shall be due to him or them shall not

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have take or demand any benefitt or Advantage by this act allowed
for that present Year and so every year successively nor shall the
sherr of any respective County, Levy by way of Execution any pub-
lick dues or officers fees upon the body goods or Chattells of any
the Inhabitants of this province, Except they have made a demand
thereof at or before the twentyeth day of January for that present
year and so every year successively.
And be it also Enacted by the authority advice and Consent af^d
that any sherr within this province haveing in his hands publick
officers fees to Collect shall not presume to Levy by Execution upon
the body goods and Chattells of any the Inhabitants of this province
any fees to him Committed to Collect where the pson or persons
from whom such fees appear to be due produce the former sherr^s