114 Assembly Proceedings, May 10-June 11, 1748.

L. H. J.
Liber No. 46
June 10

exceeding 1000£ &c An Ingrossed Bill entituled An Act enabling
the Commissioners of Charles Town &c. An Ingrossed Bill enti-
tuled, An Act to enable the Justices of P^r George's County to secure
three Acres of Land &c. an Ingrossed Bill entituled, An Act con-
tinuing an Act entituled An Act for raising a Duty of three Half
pence Sterling &c an Ingrossed Bill entituled, An Act for taking off

p. 795

part of Prince Georges County &c and an Ingrossed Bill entituled,
An Additional and explanatory Act to the Act entituled, An Act
impowering the Commissioners of the County Courts to levy &c.
were severally read and assented to and sent to the upper House
with the paper Bills by M^r Mackall and M^r Dulany. Richard Lee
Esq^r from the upper House delivers to M^r Speaker the Journal of
Accounts, and the following Message. ( See page 45 )
A Bill entituled a Supplementary Act to the Act entituled, An Act
requiring the Masters of Ships and Vessels to publish the Rates of
their Freight before they take any Tobacco on board, was read the
first and second time by an especial Order, and will pass, and was
sent to the Upper House by M^r Smith and Major Hall. D^r Carroll
from the Committee of Laws delivers to M^r Speaker the following
Report; Viz. By the Committee of Laws, June 10. 1748.
Your Committee humbly observe, That by the Statute 2 W. and
M. Sect, 1, Chap. 5 a Distress Taken for Rent may in five Days
be Appraised and sold by the Sheriff, his Deputy, or Constable if
not within that Time Replevied and which Act hath been judged in
Force within this province.
By the Laws of our Mother Country, the Sheriff ex officio, upon
Plaint and Surety, may make Replevin, and order his Bailiffs and
Deputies to redeliver the Goods or Cattle distrained, and in the
County Court hear and determine the Legality of such Distress The
Sheriffs are oblidged by Statute for the Conveniency of the People
within their County to appoint Deputies to make replevin I Ph. and
M, Chap. 12. The Sheriffs within this province have at all Times
been executive rather than Judicial officers; nor does it appear, that
they have had Cognizance in a judicial way of Replevins.
The County Courts are held within this Province, wherein the
Justices of the Peace within each respective County are Judges, and
are Courts of record, having a Clerk; and in such Courts the Sheriff
is but an executive officer. All Actions popular, and all Actions per-
sonal, of what sort soever, are tryable in the same Courts, under the
Value of 100£ Sterling, or 30000 lb of Tobacco; as by the Commis-
sion And Acts Appear. The Clerk of the same Court makes out
Writs in all such Actions as aforesaid within the Jurisdiction of the
Court aforesaid, and under the Seal thereof. Your Committee hum-
bly conceive, that upon complaint to the Sheriff, that the Goods or
Cattle of Any person [having] been distrained for Rent, or otherwise ;